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1978-10-12 RGMAGENDA TON BOARD TOWN OF WAPPINGER OCTOBER 12, 1978 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES 4. REPORTS OF OFFICERS Town Justices Bldg. & Zoning Receiver of Taxes Highway Supt on Hydrants 5. RESOLUTIONS a. Two Vacancies on Board of Assessment Review b. Cablevision Franchise c. Benderson vs T/ Wappinger - Tax Review d. Shapiro - Mid -Hudson Salvage Yard License e. Introduce Ordinance - Developers Snow Plowing Maintenance f. Mozayeny Rezoning g. M. Ryan request for transfer . PETITIONS & COMMUNICATIONS A. Jacqueline O'Malley re: Snow Plowing, Reggie & Dara B. Mr. Russ Sutherland, for Angel Brook Civic Asscn re: CATV C. Tort Claim - Service on Town Clerk - by Larry A. Whitten D. Mrs. Bruce Goldstein request for further reduction of speed limit on Widmer Rd. E. Rob't Boris request reimbursement for sewer pump F. Chelsea Fire District request for parking restrictions on Liberty St. G. New Hackensack Fire District re: inspection of Hydrants H. R. E. Lapar report on Bid for Rockingham ST Plant Sand Filter refurbishment I. Letter from Zoning Bd. re: Revisions on Zoning Ordinance J. Larry Bogart re: reaffirming stand on Nuclear Power Plants K. Camo Report re: Rockingham Water System - Water Controls L. Hall & Co. re: substituting Bond for 5% retainage M. G. Kreisberg- request for release of Bond #919319 - Blooming Grove 7. COMMITTEE REPORTS 8. UNFINISHED BUSINESS a. Rob't Ruit Report on Robert Osborne b. Attorneys Report on:. 1. 52 Reggie Drive 2. Fixed Asset Accounting 3. Report on All Angels Hill Rd. section c. R. E. Lapar Report on Oakwood STP leak in #2 Primary Tank 9. NEW BUSINESS 10. ADJOURNMENT 852 The Regular Meeting of the Town Board of the Town of Wappinger was held on October 12, 1978 at Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl opened the meeting at 8:08 P. M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Leif Jensen, Councilman Bernice Mills, Councilwoman Elaine H. Snowden, Town Clerk Absent: Janet Reilly, Councilwoman (Due to Illness) Others Present: Jon Adams, Attorney Rudolph Lapar, (Engineer to the Town) The Minutes of the June 12 and July 10, 1978 Regular Meetings, been having previously /sent to the Town Board Members were now placed before them for their approval. MR. JOHNSON moved the Minutes of the June 12 and July 10, 1978 Regular Meetings, as submitted by the Town Clerk be and they are hereby approved. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays The reports for the month of September were received from the Town Judges', Building Inspector and Zoning Administrator, Receiver of Taxes, Superintendent of Highways on Hydrant Repair and a Report from Constance Smith, Town Historian on the Municipal Historian's Meeting she attended. MR. JENSEN moved that the reports from the Town Judges', Building Inspector and Zoning Administrator, Receiver of Taxes, Superin- tendent of Highways on Hydrant Repair and a report from Constance Smith, Town Historian be accepted and placed on file. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays Mr. Diehl interrupted the Agenda to recognize Mr. Peter White, County Legislator from the Town of Wappinger and asked him to speak to those present and also answer questions, if there were any. ,853 Mr. White asked the Board and the public if they had any questions since he cannot always be reached at home. There were no questions. There were two vacan6ies on the Board of Assessment Review, Mr. Vincent Brancato's term had expired and Mr. Knud Clausen has moved from the State. Mr. Brancato's term would be a five year appointment and Mr. Clausen's would be the remainder of four years. MR. JENSEN moved to table these appointments to the Board of Assessment Review until next months' meeting. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays The subject of the renewal of the Cablevision Franchise was now placed before the Board for their consideration. Mr. Diehl asked if anyone wishes to speak on this subject before the Board took action. Mr. Corilla, Boxwood Close, stated that he went to see Mr. Erichsen, General Manager of U.S.Cablevision and he informed Mr. Corilla he would give him a written statement that his company would in- stall CATV in that area at a monthly charge of $10.00 instead of the $7.00 rate if a petition was signed by the 33 home owners re- siding there, saying they would hook up to the Cable. The petition was presented to the Town Clerk and cable would be installed if Town Board approved the franchise. Mr. Donald Kitchen, 26 Alpert Drive, Angel Brook Estates was in possession of a letter (carbon copy to Mr. Sutherland) to the Town Board from Mr. Erichsen dated September 25, 1978 and wished to have a few questions answered. He had not received a copy of the route map which the letter referred to and questioned if the Board had received it and requested a copy. The letter referenced a definite commitment of $515 monthly from this development. There was no definite time period set to install the cablevision in Angel Brook, just the fact that it could be done; once the franchise is renewed. They wanted to know the monthly charge to each home and a definite time when they could have it. The com- munication received did not reveal this. Mr. Adams had researched on the matter of the utility companies being permitted to pass on additional cost involved for underground 3 utilities to the customer and found this to be true. Conversa- tions he had with New York State Cable Television Commission indicated that this was being practised throughout the State. One comment he wished to make concerning the Mocassin Hill and Angel Brook Development was that as the franchise renewal now reads, one flat rate is being charged throughout the town, there- fore, if a higher rate is going to be charged for .customers in the underground utilities developments, it would necessitate separate action by the Board to authorize departure from the agreement approved. Residents from Spook Hill Estates had been previously told by U. S. Cablevision that they would not install cablevision in developments with underground utilities '-- what can be done about this --what is the procedure to follow to get a petition going? Mr. Diehl reassured these residents that Mr. Erichsen would now move in that direction if you are within a special district of the Town which is accomplished by presenting a petition acknow- ledging the desire of the residents to hook up, to the Town Board for their approval and submission to the cable company. They must realize, however, that the rate, under these circumstances might and probably would be higher. Joseph Bialek, 50 Alpert Drive went back in the history of the cable company about eight years ago when the telephone cables were being laid, they were requested to put in cable. It was never done or they wouldn't be in this dilemma now. It's not the resident' fault, why should they be penalized now and pay a higher price. Mr. Diehl expressed the fact that if the Town could help the situation without going to court, they would, but they cannot do that now after so many years, or deny the other residents in the Town this service. It wouldn't be feasible now to expect them to put in cable at the same charge as eight years ago. They did not fulfill their original obligation and even if it cost them $500, they could certainly afford that sum, it is a big corporation. Mr. Diehl announced that there was a special municipal meeting in Albany on October 25, 1978, on cablevision and he invited Mr. Sutherland to attend at Town expense with Mr. Cortellino, Chairman of the Town's CATV Committee. He asked him to gather whatever 84 a55 knowledge he could from this meeting and report back to the Board. Mr. Sutherland accepted. MR. DIEHL moved to appoint Mr. Russell Sutherland as a member of the CATV Committee of the Town. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays Mr. Diehl asked the Board to present more names for appointment to the CATV Committee so they could have better communication and imput. This, they could have, perhaps next month. Mr. Cortellino has had this burden for a long time and needed fellow committee people. The following resolution was introduced by COUNCILWOMAN MILLS, who moved its adoption: WHEREAS the franchise agreement for the provision of cable television services to the residents of the Town of Wappinger has expired, and WHEREAS the Town Board is desirous of continuing to provide for its residents such services, and WHEREAS the Town Board is further desirous of obtaining further improvements in cablevision services, and WHEREAS, a citizen's advisory committee has assisted the Town Board in formulating the provisions of the franchise agreements, and WHEREAS the Town Board and the U.S. Cablevision Corp. have reached agreement on the terms of the franchise agreement to implement the foregoing, and WHEREAS a public hearing was held on the proposed franchise agreement on March 6, 1978, nor, therefore, BE IT ORDAINED by the Town Board of the Town of Wappinger as follows: 1. That the franchise agreement between the Town of Wappinger and U.S. Cablevision Corp, Beacon, New York be and is adopted, the same consisting of that agreement submitted to the Town Board on April 1, 1977 together with an addendum of five pages containing 12 paragraphs entitled "addendum to franchise ordinance between Town of Wappinger and U.S. Cablevision Corp., adopted by the Town of Wappinger on September 11, 1978 be adopted. 2. That such franchise agreement shall be subject to approval of the New York State Cablevision Commission as prescribed by Section 822 of the Executive Law. Seconded by Councilman Jensen Roll Call Vote: Councilman Jensen Aye Councilman Johnson Nay Councilwoman Mills Aye Councilwoman Reilly Absent Supervisor Diehl Aye Resolution Dmly Adopted Before the vote was taken, Mr. Johnson asked the Town Clerk to read the expiration date. Mrs. Snowden read the following excerpt from Paragraph 3 of the Addendum to the Franchise Ordinance as follows: 856 ("Excepting for the provisions set forth in the preceding par- agraph, the provisions of this ordinance shall be deemed to have applied retroactively to the term of the franchise shall be three years from June 22, 1977 to June 21, 1978") Mr. Johnson objected to the change in dates of the franchise..Since they had stipulated additional provisions to be added to the fran- chise, the cable company would be hampered in raising capital funds to meet these requirements in the short period now left in the renewal agreement of the franchise. It is too short to insure proper development of all the facilities that's necessary. Mr. Diehl again interrupted the Agenda to recognize Mr. Frappier Chief of the New Hackensack Fire Company who wished to speak on the inspection of hydrants. They had made a survey in their district and found several defeciencies. The following report had been sent to the Board: September 22, 1978 Town Board Town of Wappingers Town Hall, Mill Street Wappingers Falls, New York 12590 Members of the Board: A recent inspection of all hydrants within the New Hackensack Fire District was conducted by Fire Company personnel and has shown the existence of numerous deficiences which are briefly summarized below: Total Number of Hydrants checked 283 Number of Hydrants with NO Water 24 Number of Hydrants too Low in Ground 30 Number of Hydrants with Frozen Caps 160 Perhaps the most impressive, and shocking,statistic is that 203 hydrants, or roughly 72' of the total number of hydrants within the New Hackensack Fire District, were found to have one or more problems which effectively reduced, or completely eliminated their usefulness as a water source for fire protection. A geo- graphical listing of each of these hydrants and a detailed de- scription of the problems found during the inspection, is attached to this letter. In 1976, the Insurance Services Office of New York, (I.S.O.), completed a fire protection survey in the New Hackensack Fire District which resulted in the District being classified as Class 59. The Class 5 rating for commercial properties, and the Class B rating for residential properties is predicated on the availability of approved and operational hydrants within a specified distance of the property, Fire Insurance credit for the hydrant system is based upon several minimum standards, one of which deals with the satisfactory maintenance and inspection of all system hydrants. In his report to the Town of Wappingers and the Board of Fire Commissioners of New Hackensack, I.S.O. engineer Thomas W. Shand noted, "...it was noted during the survey that no regular, sys- tematic program for the inspection of fire hydrants was in effect, other than a program of periodic flushing of hydrants." It appears that almost two years after Mr. Shand made that comment, there is no improvement, and our recent inspection shows the results to the system. It is my opinion,that a fire protection survey made by I.S.O. now, would result in the Fire District losing 857 the Class 5-9 rating. This would result in the taxpayers having to pay higher premiums for their fire insurance. Firematically, the taxpayers of New Hackensack are fortunate that the Fire Company does not have to rely upon the hydrant system for the water needed in inital fire attack. New Hackensack, with its 1000 -gallon pumpers and 2000 -gallon tankers, has the capability of transporting enough water to surpress most of the fires we encounter. However, when a large involved struc- ture fire is encountered, greater volumes of water are necessary with sustained flow being critical. This is where a reliable hydrant system can mean the difference between a quick hook-up to a water source, or setting up tanker relays from distant ponds. This is where a reliable hydrant system can mean the difference between allowing the firemen to make a 'good save', or saving the foundation: I note with interest that the Town has begun painting the hydrants high visibility lime green. This is Certainly a positive step, and I only hope that along with the increased visibility comes increased reliability. It is essential that the Town Board take immediate action to insure the correction of the existing defi- ciences, and to develop an effective program of hydrant inspection and maintenance. If New Hackenaack Fire Company can be of service, please contact me. Very truly yours s/Edmund L. Frappier, Jr.. Chief of Department Mr. Frappier recommended that a record be kept of each hydrant, when it is installed, when it is repaired, etc. The Fire Company would then know, in an emergency, what hydrants were available for use. The District was now publishing a newspaper (its 4th edition) and the chief left them for distribution. Mr. Diehl had already responded to the report from the Fire Company saying that the Town would cooperate. The Board had received a report from Mr. Horton on Hydrants and he noted that the new man hired for the purpose of inspecting the hydrant had already corrected a lot of the problems and would continue to pursue this. Mr. Jensen thanked the Chief and the Fire Company on behalf -of:_ the Town Board for the super job they did on this inspection, the report he felt, was exquisite, very clear and to the point where deficiencies existed or may exist. He noted that the colors of the hydrants were changing the fire rated ones would be lime green or yellowish, and the flushing hydrants would be a brownish red. The following resolution was offered by COUNCILMAN JENSEN who moved its adoption: BE IT RESOLVED, that Rosen, Crane and Wolfson is hereby directed to execute a consent judgment settling the Benderson Development Co., Inc. against Wappingers Central School District and the Town of Wappinger tax ceritorari, a copy of which is attached hereto and made part hereof, and that Rosen, Crane and Wolfson is auth- orized and directed to settle the above captioned proceeding pur- 1 sh.0 kb, obo 1 858 suant to the terms of said judgment. Seconded by Councilman Johnson. Roll Call Vote: Councilman Jensen Ave Councilman Johnson Ave Councilwoman Mills Ave Councilwoman Reilly Absent Supervisor Diehl Aye The matter of a Salvage :Yard License for Mid -Hudson Auto Wreckers was put before the Board for their consideration. Mr. Diehl felt that everything was not quite resolved, the Board was still reviewing minutes of the Hearings held and he recommended that action be tabled until the next regular meeting of the Board. Mr. Jensen concurred with this recommendation with the provision that action will definitely be taken at the next meeting. MR. DIEHL moved that the Board table this matter until the next meeting when they would definitely act on it. Seconded by Mr. Jensen Roll Call Vote 4 Ayes 0 Nays The following Ordinance was introduced by Councilman Jensen: WHEREAS there have existed in the town subdivisions where homes have been constructed prior to the acceptance of roads by the town, and such roads have not been properly maintained by the developers thereof, creating conditions of emergency when snow and ice was not removed and the roads were otherwise impassable, and WHEREAS the town is authorized pursuant to Town Law 1130 to enact ordinances to protect and promote the health, safety and welfare of its citizens, now, therefore, BE IT ORDAINED by the Town Board of the Town of Wappinger as follows: SECTION 1. Definition Developer: Any person, partnership, corporation or other entity engaged in the development of real estate for which approval is required of the Town Planning Board. SECTION 2. Any developer who shall have tendered to the Town a performance bond pursuant to Section 277 of the Town Law or who shall have constructed roads in a subdivision approved by the Town Planning Board shall, if such roads have not been tendered and accepted by the town, maintain such roads in such a condition as to make such roads passable at all times. Such condition shall include but not be limited to the maintenance of such roads free and clear of snow and ice, and the maintenance of such roads in such conditions as to make such roads accessible by passenger motor vehicles to any home within the subdivision for which a building permit has been issued. SECTION 3. Any first violation of this ordinance shall be punishable by a fine not exceeding $250.00; any subsequent violation by the same developer shall be punishable by fines not exceeding $500.00. 85 SUPERVISOR DIEHL moved to set a Public Hearing on the foregoing Ordinance on Monday, November 6, 1978 at 7 P.M., at Town Hall, Mill Street, Village of WappingersFalls, Dutchess County, New York. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays In the matter of a rezoning request from Mustafa Mozayeny, the following letter was received from his attorney, Stephen Saland. October 4, 1978 Town of Wappinger Town Board Mill Street Wappingers Falls, New York 12590 Re: Mozayeny Property Dear Town Board Members: As you are aware, my client has previously expressed his willing- ness to havehis request for a rezoning to LB entertained as a re- quest for a rezoning to OR. You may be furhter aware that the basis of said request was discussions had with the Planning Board on August 21, the substance of which was that, as the use anticipated by my client could be accommodated by the OR classification, and as there would be little or no change with respect to the OR site re- quirements as compared to the LB site requirements, that my client consider accepting OR i nlieu.of LB. My clients willingness to accept this proposed change was made in good faith and based upon the representation that the site requirements were substantially identical. 11 Of course my clients willingness to accept a rezoning to OR was no more that that -a mere willingness to accept, should the Town Board after its Public Hearing elect to permit such a rezoning. However, on September 29 I was informed that notwithstanding the prior discussions with the Planning Board, it appears that the requirements in an OR district are more strenuous than those in an LB and would not permit the type of proposal as presented on the plans previously provided. I would call the Boards attention to Section 425.04 ("each lot in separate ownership must front on public street at least to the extent of fifty (50) feet") and section 425.06. The later provision reads as follows: "Yards shall be subject to site plan approval. No buildings on any lot shall be erected nearer to any street right of way line than 125 feet, or nearer than 200 feet to any residence zoned boundary." On said date I conferred with John Holden Adams, Esq. to determine whether the Public Hearing could still be had on the LB proposed rezoning. He indicated that in his opinion, as the original application had requested a change to LB, that the hearing could still be had on the LB application. Under the circumstances, I would thereforerequest that the Town Board, in scheduling this matter for a Public Hearing, treat my client's application as one for a rezoning to Local Business (LBO. Very truly yours, s/Stephen Saland 1 8C0 The following Ordinance was introduced by SUPERVISOR DIEHL: BE IT ORDAINED by the Town Board of the Town of Wappinger as follows: The zoning map of the Town of Wappinger duly adopted on January 29, 1963 is amended aa follows: Section One: The zoning classification of R-20 and R-40 for those lands described in Schedule A annexed hereto is deleted and substitued in its place is the zoning classification OR. Section Two: This ordinance shall take effect upon adoption, posting and publication. The following resolution was introduced by SUPERVISOR DIEHL who moved its adoption: WHEREAS by letter dated July Attorney Stephen Saland, has him be rezoned from R-40 and 5, 1978, Mustafa Mozayeny by his requested that the lands owned by R-20 to OR, and WHEREAS the recommendation of the Planning Board of Wappinger dated August 23, 1978 has been received, NOW, on the motion of Supervisor Diehl, seconded by Johnson, BE IT RESOLVED that a public hearing on an ordinance amending the zoning ordinance of the Town of Wappinger to effectuate said re- zoning be held on October 30, 1978 at the Town Hall at 7:00 PM, and the Town of Councilman BE IT FURTHER RESOLVED that the clerk give notice of said hearing in the manner prescri1md by law. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays The following memo was received from Mr. Ryan re transfers: Memo to: From: Date: Subject: Town Board Members Matthew W. Ryan, Comptroller October 4, 1978 Transfers The following accounts need transfers: 1) Justice Court Contractual - overspent 182.55 current bills 185.00 + 2) Association of Towns & Education - overspent 97.41 anticipated charges 800.00 3) Sup't of Highways Contratual - overspent 247.76 due to placement of traffic signs 4) Vandalism Patrol Contractual - overspent on items such as gas, repairs earlier in the year. 4) Rodent problem at Rockingham - spent $285.00 YTD Therefore, please approve the following transfers: A1990.4 Contingency 800.00 A1990.4. Contingency 900.00 A1990.4 Contingency 800.00 CF3120.1 Vandalism Patrol 1,000.00 B1990.4 Contingency 285.00 A111.4 Justice Court A1990.5 Assoc.of Towns & Ed. A5010.4 Sup't.of Highways CF3120.4 Vandalism Patrol B4069.4 Rodent Control s/Matthew W. Ryan, Comptroller 861 Memo:t0 Town , Beard MeMbors : From: Comptroller Date: October 4, 1978 Subject: Transfer of Funds Enclosed please find a copy of a bill for insurance. According to Mr— Groenwegen of Marshall & Ster4`.ing, it is an adjustment of a current policy due to the fact of increased payrolls, increased miles of town roads and several other factors. Therefore, please authorize the following transfer: FROM: Contingency CF1990.4 TO: CF1910.4 Insurance ...in the amount of $905.00. s/Matthew W. Ryan,Comptroller MR. JOHNSON moved to approve the transfers as requested by Mr. Ryan. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays The following letter was received from H.J.Maurer, Chairman of the Recreation Commission: October 12, 1978 Town Board Town of Wappinger Mill Street Wappingers Falls, N. Y. Dear Councilpersons: After conferring with Mr. Ryan today, it was suggested by him that we request a transfer of funds in the Recreation Commission budget. We request a transfer of $3,000.00 from A7110.4, Maintenanee(of the Fields, tof''A7110:1,- Petsonal St.rtites for2Nmintnnhnce bdr thez-Tie1ds . this—suin"Swill be needed to pair' for services to clean up the fields for the remainder of the year.. Yours truly, s/Hugh J. Maurer,Chairman Recreation Commission r MR. JOHNSON moved to approve this transfer since it was within the budgeting items of the Recreation Commission. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays A resolution to renew the contract agreement between the Town & County for the control of snow and ice on county roads for the 1978- 1979 winter season was placed before the Board for their consideration. Mr. Horton was not present to provide additional information on the county roads that were to be taken over by the town for snow removal purposes. 11 8G2 kw 16.0 MR. DIEHL moved to communicate with Mr. Horton asking for more information and table this matter until the next meeting. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays Mr. Diehl advised the Board that they must approve a formula for calculating the number of benefit units in the water and sewer districts in order that the Assessor can prepare the Assessment Rolls. He recommended that a cutoff date on the approval of subdivisionsto be included in the roll should be September 30, 1978. He also recommended that the standard formula be used as has been in the past years. MR. JENSEN moved to authorize Mr. Logan to prepare the Benefit Assessment Rolls for the Water and Sewer Disticts of the Town of Wappinger for 1979, using the standard formula, with a cutoff date of September 30, 1978. Seconded by Mrs.Mills Roll Call Vote: 4 Ayes 0 Nays A letter was received from Mrs. O'Malley, 15 Dara Lane, requesting to be on the Agenda regarding some problem in the development. Mr. Diehl asked Mrs. O'Malley if everything had been covered, to her satisfaction in their earlier discussion. Mrs. O'Malley replied in the affirmative on snow plowing but acceptance of the roads was still a problem. The Planning Board had specified that the two roads in the development have their final topcoat installed as of September 25, 1978. So far no work has been done and she asked the Board to call the bond for the purpose of the completion of Reggie Drive and Dara Lane and that the final topcoat be installed as soon as possible. Mr. Johnson noted that a letter had been sent to the Planning Board dated October 4, 1978 by Mr. Horton advising them of the fact that condition 3 had not been complied with due to the fact that Central Hudson has not completed its installations in the new portion of Reggie Drive. The final paving of the existing two roads will be done at the same time as the new portion, as soon as Central Hudson completes their work according to an agreement between Mr. Freer and Mr. Klein. He also quoted 863 the last paragraph in Mr. Horton's letter "If the Town endeavors to call the bond, the completion of the public improvements could not be done this year." Mr.Jensen felt that a strong letter should be sent to the devel- opers with copy to Central Hudson, inquiring about the delay. This letter should be sent from the attorney's office. Discussion followed on the pros and cons of pulsing bonds -- they are not cash bonds, they are surety bonds and this could go into months, it was not feasible. They would attempt to con- tact the developers to complete the work. They discussed the new Ordinance on Snow Plowing by Developers with the attorney. When an emergency exists, who determines it, what company would do the plowing. The attorney had his doubts about the Town doing the plowing on private property and he would research it. There was also mention of authorizing the Building Inspector to hold up building permits but no action was taken on this. Mr. Johnson requested that the Supervisor contact Mr. Ruit to determine the number of permits and c.o's were yet to be issued. All the questions were referred to the attorney for his review and re- commendation. Mr. Diehl would attempt to contact the developers and set up a meeting for the following night to continue this discussion and "lay it on the line with them." The next item on the Agenda was a letter from Mr. Dennis Truett regarding Cablevision in the Angel Brook Development. This had been discussed earlier in the evening. Mr. Sutherland however, did want to question if there was a ceil- ing on CATV rates or installation - they object to this - will there be further consideration by the Board. Mr. Diehl told him the Cable Company would report back with the figures and he expected the outlay would be back charged to the residents. The Board will research to see if the figures quoted are fair charges, no problem, otherwise, they will have to pur- sue it. Mrs. Mills said the figure of $8.18 had been quoted and Mr. Johnson added that the $15,000 installation figure would be included in this $8.18 figure, estimating 67 homes hooking up to the system. If there were about 10 homes forget the idea, more than 67 the monthly charge would be less. d r3 1 864 Donald Kitchen was very pessimistic about the whole matter. Last time they had all agreed to have it done, the Cable Company never went through with it. What makes the Town Board think it will be done this time. Mr. Erichsen states in his letter "he can do it" not that he will do it. Mr. Diehl assured him that now that the Town Board had renewed the franchise, if the people want it, it will be done. Now it's a different story, it could not be done before, there was no agreement for him to pperate in the Town of Wappinger. Despite Mr. Kitchen's continued protests on the rates they were being charged, probably the highest was nothing further the Board already done. in the Town according to him, there could do other than what they had Mrs. Snowden informed the Board she had been served with a Notice of Claim from Larry A. Whitten against the Town of Wappinger and the Rockingham Sewer District. This Claim has been turned over to the Insurance Agent. A letter was received from Edith Goldstein, 102 Widmer Road, requesting a further reduction of the speed limit on Widmer Road. MR. JENSEN moved to submit another request to the New York Department of Transportation for speed reduction on and send copy of the resolution to Mrs. Goldstein. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays State Widmer Road A letter was received from Robert Boris, Michael Drive, Town of Wappinger, requesting a refund on a pump installed in his home in 1976 to compensate for the difference in drainage since the sewer line was higher than the house. The pump burned out, a new one had to be installed and he wished to be reimbursed for the amount he expended - $325.00. MR. JENSEN moved to refer this matter vestigate why the pump burned responsibility lies. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes to the Engineer to in - out and an opinion on where the 0 Nays Mr. George A. Robinson, Secretary -Treasurer of the Chelsea Fire District wrote to the Board requesting restrictions on parking on the East side of Liberty Street from Broadway south to the Methodist Church. The Board of Commissioners felt they needed this parking space for the firemen. Mr. Diehl referred this to the Miscellaneous Committee (Mrs. Mills and Mrs. Reilly) and suggested that they meet with the Board of Commissioners and see what avenue they could take to resolve this. One bid was received on the Rockingham Sewer Treatment Plant Sand Filter Refurbishment and opened by the Town Clerk on September 15, 1978. Lafko Associates bid on this project in the amount of $4,980.00 and Mr. Lapar recommended that this bid be awarded to them to proceed withthe work as soon as possible. MR. JOHNSON moved to award the bid for Sand Filter Refurbishment at Rockingham Sewer Treatment Plant in the amount of $4,980.00, and the work should proceed as recommended by the Engineer to the Town as soon as possible. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays A report was received from Mr. Lapar on Central Wappinger Water Improvement, Redevelopment of Wells #1 and 2. One bid was re- ceived from Stephen B. Church Company in the amount of $4,884.00 and Mr. Lapar recommended awarding the bid to this company, since the work is needed and the bid price was within their estimate. Mr. Diehl remarked that he would like to combine this bid with the price of 5 new fire hydrants that were needed and perhaps 2 more for emergencies. MR. DIEHL moved to authorize the Attorney and Comptroller to to make the necessary arrangement to borrow money(notes or bonds, whatever is recommended by them) if money is not available in operating account to redevelop wells #1 and 2 in Central Wappinger Water Improvement and award the bid to Stephen B. Church Company at a total price of $4,884.00. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays 8(38 MR. DIEHL moved to purchase 5 new fire hydrants to replace old ones and if monies are not available, the Attorney and Comp- troller be authorized to take necessary action to fund this purchase at an amount not to exceed $5,000 including installa- tion. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays One bid was received on Central Wappinger Water Improvement Re - the mote Reading Meters and Accessories, from Neptune Water Company in the amount of $177,137.16. Mr. Diehl wished to delay action on this until the Engineer and Comptroller coordinate on a total project of purchase, installa- tion, and a cost figure for the district. MR. JENSEN moved to direct the Engineer and Comptroller to pre- sent all the facts on Remote Reading Water Meters and Accessories to the Board within thirty (30) days. Seconded by Mr. Diehl Roll Call Vote: 4 Ayes 0 Nays A letter was received from the Zoning Board concerning re- visions to the Zoning Ordinance. Mr. Johnson reported that one of the matters that the Zoning Boardrequested of the Town Board to investigate was the mul- tiple uses of home industry. The Town Board has not made any decisions on this, whether to open it up for specific uses con- tinue with individual cases as a separate entity. MR. JOHNSON moved to contact the Zoning Board of Appeals advis- ing them we have taken their request into consideration but have not, as yet, reached any decisions. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays Mr. Larry Bogart of the Friends of the Hudson wrote to the Board regarding a resolution adopted March 8, 1976 by the Town Board advocating a moratorium on Nuclear Power Plants. Basically he wanted the Board to reaffirm the stand they expressed in this resolution. 867 MR. JENSEN moved that the Town of Wappinger reaffirm their stand on Nuclear Power Plants and forward a copy of the original reso- lution adopted by the Town Board on March 8, 1976 to Mr. Bogart. Seconded by Mrs.Mills Roll Call Vote: 4 Ayes 0 Nays A report was received from Camo Pollution Control regarding the new water controls for Rockingham Water Plant. They had dis- cussed alternatives offered by Mr. James Bradshaw of D & S Pump and Supply Company for correctivg action and Central Hudson, New York Telephone Company, Mr. Bradshaw and Mr. Brusie from Camo had agreed that alternate #2 would provide the best guar- antee of obtaining a functional control system. Mr. Johnson had been involved in this project from the begin- ning and explained all the steps that had been taken. A proposal to float the controls on the telephone lines to make them imper- vious to any fluctuating spikes in the line was received from the aforementioned company. Two alternatives were offered, the first would provide a second telephone line to give a balance, but to do this job properly it would be required that the dis- tant controls be modified to allow the system to ride on what- ever induced voltage comes across the line. The cost of alter- nate was $419.00 in equipment plus an electrician to do the installation plus the cost of a second telephone line. This is the alternative he, also woi3.ld recommend. MR. JOHNSON moved to direct the Engineer to proceed with Alter- nate # 2, as proposed. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays Mr. George K. Barr from Hall and Co. wrote to the Board on the bond on their contract on Oakwood Sewer Treatment Plant Tertiary Filter. In lieu of the 5% retention for the one year guarantee, the company preferred to furnish a bond to theTown. A letter on this subject was received from Mr. Adams, recommending that this request be denied. He maintained that it is always pre- ferable to retain the cash rather than rely on the bond. If the tho 868 necessity arose, it would . present fewer problems to take action if they held the retainage fee. MR. JENSEN moved to deny the request of Hall & Company based on the Attorney's opinion. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays A request was received from Mr. Gerald Kreisberg, Blooming Grove Associates for the release of a road opening bond for Ervin Drive. kbe Mr. Lapar recommended that this be tabled. MR. JOHNSON moved to table the request at this time. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays Mr. Diehl brought up the subject of a structure being built at the County Airport and the question has come up, what rules and regulations does this matter come under. He recommended that the Board instruct Mr. Ruit, Building Inspector to follow the procedures of thepast. MR. DIEHL moved to instruct Mr. Ruit, Building Inspector to follow precedent in this matter and that is site plan approval is not necessary but a building permit is required. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays Under Committee Reports, Mr. Jensen reported on a meeting of the Tri -Municipal Commission thru its Environmental Consultants on kim✓ October 5, 1978. This was the first public participation meeting and was attended by about fifty (50) people. The comments from the audience at this meeting will be part of the minutes of the public hearing that is mandated for the Environmental Impact Study. Mrs. Mills reported on the subject of the two dead maple trees on Dr. Hannigan's property that had previously been referred to the Miscellaneous Committee. The Town Board had assumed no respon- sibility in this matter and had, at a previous meeting directed the Town Clerk to inform Dr. Hannigan of this decision. As of this date, he had received no notification of this decision. The Town Clerk was asked to look into this matter and if he had already been 869 notified to send a copy of same to him. Mr. Johnson mentioned that a letter had been sent to Mr. Spratt, Commissioner of Public Works, Dutchess County asking why the Town was being discriminated against when it came to the sub- ject of open cuts across a county road. A defensive letter was sent back to the Town Board from Mr. Spratt, but a note on the bottom offered cooperation if the Board could come up with some good reasons. The Board thought the letter to him stated the reasons very clearly. The developer does not plan to build on the lots affected by the county's unwillingness to cooperate and in the future when these are found to be unbuildable lots, we'll have the same problem all over again. MR. JENSEN moved to direct the attorney to review the circumstances and give his recommendation on this matter. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays Mr. Diehl requested the Town Clerk to contact General Publishers Company in regard to the Code Index they were preparing for the Town. She also was requested to contact all departments to add whatever imput they may have and this would be the final notice, all information to be turned in to the Town Clerk by the end of the month. A memo had been received by the Board from Mr. Diehl requesting that they set the date that the Town would observe Veterans Day. Since it would fall on Saturday, the holiday could be observed either Friday, November 10, or Monday November 13th. MR. JOHNSON moved to close all Town offices and all Town employees would be off on November 24th, 1978, the day after Thanksgiving, in lieu of the November llth holiday. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays MR. JOHNSON moved to set a Public Hearing on the Preliminary Budget and Federal Revenue Sharing Budget of 1979 on November 6, 1978 at 7:30 P.M. at Town Hall. rci 870 Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays MR.DIEHL moved to notify the Planning Board to hold their regularly scheduled meeting of November 6th, 1978 at Justice Court, since the Town Board would be occupying the Town Hall. A report was received from Mr. Ruit on Robert Osborne relating to the Fleetwood Fence Encroachment. MR. JOHNSON moved to table this matter until the next meeting for further discussion. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays Several Reports were received from the Attorney to the Town. The first one was in regard to an open storm drain at 52 Reggie Drive. It appears that the storm drain described in the letter from Mr. Thomas McNulty was located on private property and therefore was not a responsiblity of the Town. MR. JENSEN moved that the persons requesting relief be notified that the opinion of the Attorney that the Town is under no obli- gation and bears no responsibility to maintain said culvert. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays The second report, on Fixed Asset Accounting reads as follows: September 14,1978 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York 12590 Re: Fixed -Asset Accounting Dear Members of the Town Board: Please be advised that in our opinion, if the Town Board im- plements fixed -asset accounting, it may levy against the special district the cost of any necessary services rendered for the purpose of maintaining that district. For instance, it has been determined that the cost of necessary services rendered by a town officer occasioned by reason of maintaing an improvement may be charged to the maintenance expense of a special district (Town Law 202-a, subd. 7; 26 Op. State Comptroller 250, 1970). Those authorities seem to clearly indicate that the cost of assessing the values of improvements within special districts may be chared as expenses against the maintenance of those districts. They need not be considered a town charge. Very/truly yours, Corbas Jon Holden Adams y, Gartland & Rappleyea 871 September 11, 1978 Memorandum to : Town Board, Town of Wappinger From: John Holden Adams Re: Fixed -Asset Accounting The controller's office provided me with an informational booklet on fixed -asset accounting. My impression from the contents of the same was that the restrictive provisions of the local finance law with respect to capital reserve funds has not been superseded by this fixed -asset accounting proc- cedure and, in fact, it was my impression from this bulletin that the only purpose of the fixed -asset accounting procedure was to provide an additional source of information to the Town as to the status of its assets. The depreciation factor which would be produced by such accounting was, at best, a fiction for further evaluation of fixed -assets and was not intended to be an additional charge upon the revenues of the Town to be collected from the taxpayers. This is not to say if the Town so desires, it could create capital reserve funds using as a basis for funding the depreciation factor. However, this would require separate steps from those assoc- iated with the undertaking of the fixed -asset accounting. JHA MR. JOHNSON moved to receive this report and place it on file. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays The next report was in regard to the disposition of All Angels Hill Road, which has occurred due to the reallignment of this road leaving a portion which the County offered to the Town. Highway Law, Section 118-a provided for no authority to transfer this property other than to abutting owners. It probably could be worked out if the Town desires this portion of the road. MR. JOHNSON moved to inform Mr. Anagnos of the Dutchess County Department of Public Works that the Town of Wappinger has no interest in owning this road (old section of All Angels Hill Road). Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays At the last meeting the Board had requested the Town Clerk to write to Mr. Spratt, Dutchess County Department of Public Works to review the Stop Signs at the new and old portion of All Angels Hill Road and correct the situation. As of last week, no action had been taken. 1 fiw 872 Mr. Jensen requested that Mr. Horton be contacted to inquire if any corrective action had been taken and if not, a follow-up letter be sent to the county. The last report from the attorney regarding Town of Wappinger versus Longhitano, an action against them for damaged as a result of severing electrical service at the Davco Pump Station on Baldwin Place. The Town experienced expenses of approximately $429.50 and had now received an offer of settlement in the amount of $214.75. MR. DIEHL moved that a copy of Mr. Adams letter be sent to Mr. Lapar for his review and recommendation. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays Mr. Lapar submitted a report on Oakwood Knolls Sewer Treatment Plant leak in the No. 2 Rectangular Primary Tank. This went back to April of 1977 when the Town attempted to repair the leak, the repair lasted about a year. He recommended that an entirely new water tight concrete tank be built inside the existing metal tank as a form, estimated cost $20,000.00. Mr. Johnson suggested a vinyl liner. This was referred back to Mr. Lapar for further research. Mr. Jensen then referred back to drainage at Dana Place. The Engineer and Mr. Horton had coordinated on this project and reported back to the Board with cost estimates which were very high. Alternates were proposed but not accepted. He had then requested Mr. Lapar to come up with a figure on shallow pipes uhder the driveway. This, too, was frowned upon, but he had actually seen this method done by the County and wondered why it couldn't work in this case. Mr. Lapar was not optimistic about this method, it would definitely ice and he discouraged it. Mr. Horton was the one who had to maintain it and he, too, had ex- pressed objections. MR. JENSEN.moved to direct Mr. Lapar to present a figure to the Board on the shallow pipes under the driveway method so they would have this on record. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays 873 Mrs. Mills mentioned the lack of shoulders on New Hackensack Road. Mr. Diehl had been in that vicinity that day and ob- served county trucks working on the shoulders. MR. JENSEN moved to request the Dutchess County Department of Public Works through the Legislature to take over Widmer Road mainly because it is an East/West road, it connects two county roads and it would conform with New Hackensack Road, All Angels Hill Road and Old Hopewell Road. Copies of this request were to be sent to the Clerk of the Dutchess County Legislature and the Wappinger County Legislators. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays Mr. Johnson asked the Engineer if there was any other solution to the problem of air in Central Wappinger Water Improvement I Area. Mr. Lapar responded he would like to see the leak survey authorized. Mr. Johnson's next query was on the malfunction of the flow meters, why weren't they working properly, we paid $6,000.00 for them. MR. JOHNSON moved to instruct the Engineer to determine why flow meters of Central Wappinger Water Improvement I Area were mal- functioning and perhaps have them returned to the manufacturer. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays MRS. MILLS moved to adjourn the meeting, seconded by Mr. Johnson and carried. The meeting adjourned at 11:05 P.M. October '12, 1978 Regular Meeting wz. auel,,,AA: Elaine H. Snowden Town Clerk