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1978-07-10 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JULY 10, 1978 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. REPORTS OF OFFICERS Town Justices Town Justice Francese Annual Report R ^e_^�_.e-of _Taxes Building and Zoning 4. RESOLUTIONS 1. Zoning Amendment on Signs 2. Amendment to Hawking and Peddling Licence Ordinance 3. M. Ryan -i Transfers -- Loves n�t.Qr aA-% 1=i -4-4,,J - / 4. L. Diehl re: Bike Paths Rte 9D 5. PETITIONS & COMMUNICATIONS a. Town Justices request permission to attend Magistrates Conference July 23 thru 28th -St. Lawrence College b. George Grimshaw re Rockingham Recreation Field c. Connie Nenni re: concern over water problem resulting from construction of new home on Aladdin Ct. d. Notices of Public Hearings - 1. Village of Wappingers Falls on July llth 2. Town of Poughkeepsie on July 19th. -e. .P1ang Bd. re: revision of Zoning Ordinance regarding "Home Occupation -Customary Definitions". f. E. Hawksley re: Tentative Cons. Adv. Council Budget g. S. Saland, representing Mustafa Mozayeny, request for rezoning parcel on Rte 9D. h. R. E. Lapar Reports: -- 1. Flow Meter data - CWW Imp. 2. L & A S.T.P. Flow meter, w/ cost est. 3. Oakwood Knolls STP Hydraulic Problem, w/ cost Est. -- 4. Ardmore Hills Water Imp. Area (A.) 5. Rockingham Farm S.T.P. Sand Filter Washout 6. Spook Hill Estates Waterlines • %Aoki G. fiLL ml�iV r\ kiNv 041(c a.\lam ,f 6. REPORTS OF COMMITTEES tt 7. UNFINISHED BUSINESS --a. E. Hawksley - additional information on reqested additional funds -b. Accept signed Release of Truett - fr.R..(4%�}I,Z1 -- i 4-) L- r e6 ; 3e sbec�Ach 8. NEW BUSI E. i rare- -4t Si sx1X% - (}ttu: r‘eAl �y e.. Z L (¢,•• \� z'<<v�od e�ce e AcCea ci\ iv,cz k��i" 9. ADJOURNMENT 788 The Regular Meeting of the Town Board of the Town of Wappinger was held on July 10, 1978 at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County., New York. Supervisor Diehl opened the meeting at 8:11 P. M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Elaine H. Snowden, Town Clerk Others Present: William Horton, Highway Superintendent Rudolph Lapar, Engineer to the Town Allan Rappleyea, Attorney to the Town Reports for the month of June were received from the Town Justices, Building Inspector, Zoning Administrator and the Annual Report from Town Justice Vincent Francese. MR. JOHNSON moved the Reports for the month of June from the Town Justice, Building Inspector, Zoning Administrator and the Annual Report from Town Justice Vincent Francese be accepted and placed on file. Seconded by Mrs. Reilly. Motion Unanimously Carried A Public Hearing having been duly held on June 28, 1978 on An Ordinance to Amend the Zoning Ordinance of the Town of Wappinger (Section 424 - Signs) the matter was now placed before the Board for their consideration. The following Ordinance was offered by Nicholas Johnson who moved its adoption: Be it ordained by the Town Board of the Town of Wappinger as follows: SECTION 424 of the Zoning Ordinance of the Town of Wappinger duly adopted on January 29, 1963 is amended as follows: SECTION 1. Section 424 is amended by the additon of the following paragraph following subparagraph d: Free standing or temporary signs located within any business or industry district shall be located and set back no less than 25 feet from any front, side or rear line of a lot. SECTION 2: This ordinance shall take effect upon adoption, posting and publication. Seconded by Mr. Jensen. Motion Unanimously Carried A Public Hearing having been duly held on June 28, 1978 on an Ordinance to Amend the Hawking and Peddling Ordinance of the Town of Wappinger, the matter was placed before the Board for their consideration. The following Ordinance was offered by MR. DIEHL who moved its adoption: Be it ordained by the Town Board of the Town of Wappinger as follows; The ordinance requiring license for sale of merchandise by hawking and peddling duly adopted by the Town Board on August 26, 1970 is amended as follows: SECTION 1..Section three is amended by increasing each license fee established therein to thirty five ($35.00) Dollars. SECTION 2. Section 8 is deleted and the following is sub- stituted in its place; No hawker or peddler shall maintain his vehicle in one place for more than 30 minutes, and capon the expiration of said time, he shall move his vehicle or vending stand or cart to another location at least one thousand yards from the prior location used by him. Violation of this section shall be an infringment of this ordinance, and upon conviction, the license issued to the offender shall be subject to revocation in the manner prescribed by Town Law Section 137. The provision of this Section 8 shall not apply to those persons who make sales at the home residence of their purchasers. SECTION 3. This ordinance shall take effect upon adoption, posting and publication. Seconded by Mrs. Reilly. Motion Unanimously Carried A request was received from Mr. Ryan to transfer monies in the Recreation Commission Budget as follows: $4,000 from A7110.1 Parks -Personal Service to A7110.4 Parks -Contractual. MR. JOHNSON moved to approve the transfer of $4,000 from A7110.1 Parks -Personal Service to A7110.4 Parks -Contractual in the Recreation Commission Budget. Seconded by Mrs. Reilly. Motion Unanimously Carried Mr.Thomas Logan, Town Assessor, requested a transfer of $2,500 from Contingency to A1355.45 in order to pay for secretarial help for the Board of Assessment Review. He also requested that each member of the Board of Review be paid the sum of $500.00 for their services. MR'. ]IEHL directed that this request be referred to the Finance Committee (Bernice -Mills & Janet Reilly) for clarification and ,report their findings to the Town Board at the next meeting. 3 46, 1 The following Local Law was introduced by Councilman JOHNSON: A Local Law Amending Local Law #7-1975. BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: SECTION 1. Section 1 of Local Law No. 7, 1975 is hereby amended. SECTION 2. The following rates shall be charged for the Fleetwood Water District: 70 per 1,000 gallons or $13.35 minimum, whichever shall be greater. SECTION 3. This Local Law shall take effect upon adoption and as provided by the Municipal Home Rule Law. The following resolution was introduced by Councilman JOHNSON who moved its adoption: WHEREAS, there has been duly presented & introduced at a meeting of this Town Board held on July 10, 1978, a proposed Local Law Amending Local Law #7, 1975, Establishing Rates for the Fleetwood Water District and WHEREAS, the provisions of the Municipal Home Rule Law requires no local law shall be passed by the Legislature 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 pro- posed Local Law by the Town Board of the Town of Wappinger on the 24th day of July 1978 at 7:00 P. M. EDST, on such day, at which time all parties interested will be heard. Seconded by Mrs. Mills. Motion Unanimously Carried The following Resolution was introduced by Councilman JOHNSON: A Local Law Amending Local Law #4 of 1976. BE IT ENACTED by the Town Board of the Town of Wappinger Dutchess County, New York as fellows: SECTION 1. Section 2 of Local Law #4 of 1976 is hereby amended: SECTION 2. The following rates shall be charged for the Fleetwood Sewer District: Delete $1.99 per thousand gallons & substitute $55.00 per quarter. SECTION 3. This Local Law shall take effect upon adoption and as provided by Muncipal Home Rule Law. The following resolution was introduced by Councilman JOHNSON who moved its adoption: WHEREAS, there has been duly presented & introduced at a meetit4r if tblissemun Board held on July 10, 1978, a proposed Local Law Amending Local Law #4 of 1976, Establishing Rates for the Fleetwood Sewer District and WHEREAS, the provisions of the Muncipal Home Rule Law requires no local law shall be passed by the Legislature body of the Town until a Public Hearing thereon has been held before such body. 0 791 NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 24th day of July 1978 at 7:30 P.M. EDST, on such day at which time all parties interested will be heard. Seconded by Mrs. Mills. Motion Unanimously Carried At this time, Mr. Diehl stated that he wished to offer a resolution to the Board in regard to Bike Paths, Walkways on Route 9D from the Village of Wappingers Falls to the hamlet of Hughsonville, the intersection of Rte.9D & Old Hopewell Road. He would request, in this resolution that the New York State Dept. of Transportation construct this bike path and that it be fully funded by the State of New York. He further stipulated that it be constructed at the earliest possible time, no later than the commencement of the reconstruction of Rte.9D, scheduled for the early 1980's. The following Resolution was offered by Supervisor DIEHL who moved its adoption: WHEREAS, there is a substantial need for the location of a bike path along Rte.9D in the Town of Wappinger, and WHEREAS, Rte.9D is a public highway constructed and main- tained by the State of New York; NOW, THEREFORE, BE IT RESOLVED That the State of New York is hereby requested to construct and maintain a pathway or roadway exclusively for non -motorized bicycles along Rte.9D in the Town of Wappinger, Dutchess County, New York. Seconded by Mrs.Mills. Motion Unanimously Carried At this time, Mr. Johnson wished to discuss the resolution adopted at last months' meeting regarding taxes, assessment, and a request to the Town Clerk to direct this resolution to the school, county & State requesting that they stabilize their budget in accordance with our increased assessments. Mr. JOHNSON moved that the Town Clerk be directed to send a letter to the School Board requesting a reply and their in- tention in this matter. Seconded by Mrs. Mills. Motion Unanimously Carried 2 A request was received from Town Justices' Vincent Francese and William Bulger to attend the Magistrates Conference at St. Lawrence University, July 23rd thru 28th, 1978. Mr. JOHNSON moved that permission be granted to Town Justices' Vincent Francese and William Bulger to attend the Magistrates Conference at St. Lawrence University, July 23rd thru July 28th 1978 and their legitimate expenses wouldln a Town charge. Seconded by Mr. Diehl. Motion Unanimously Carried A letter was received from George Grimshaw requesting that speed bumps be installed on Regency Drive in the area of the Rockingham Recreation Field. He felt they needed this protec- tion since it is a heavily traveled road and the drivers used an unsafe rate of speed. He also mentioned that parties were held at the recreation site at night, and waste receptacles were needed for the bottles and debris there. Mr. DIEHL moved that the Attorney be directed to inform Mr. Grimshaw that it would be illegal to install street bumps, but we would welcome any other suggestion he might offer. He further moved that the law enforcement authorities be notified to patrol this area, and also our vandalism patrol be on the alert for debris being thrown on the property. Seconded by Mr. Johnson. Motion Unanimously Carried The following letter was received: 4 Alladin Court Wappingers Falls, N.Y. June 12, 1978 Town Board I am concerned about a water problem as a result of planned construction of a new home on the adjacent lot. This"ltht is a swamp which has caused me to spend thousands of dollars for a drainage ditch to lead the water from my home. I have appeared before the town board and the town supervisor has personal knowledge of my situation. At this point in time I would like to be assured the town will do all it can to insure a proper water drainage before the dwelling is constructed. Connie Nenni USA Retired 93 Councilwoman REILLY moved that the Building Inspector & be Engineer/requested to inspect the site to see that it is being filled in properly, so as not to cause water problems to neighboring homes. Seconded by Mrs. Mills. Motion Unanimously Carried Mr. JENSEN moved that Building Inspector & Engineer be re- quested to inspect two homes at the intersection of Pippin Lane and Russet Lane to determine if they are being properly filled in. Mr. Diehl brought up the subject of Dana Place drainage. At the last Town Board meeting, there was a question whether there was illegal draining of water onto Dana Place. Mr. Diehl had inspected it with Mr. Jensen & saw no serious pro- blems of stagnant water in that area, it appeared to have drained off. He asked the Engineer & The Highway Super- intendent to investigate the possibility of a swale gutter to collect whatever was in the area & direct it to the storm drainage at Wildwood Drive. This would be an alternative to the drainage project previously submitted by Mr. Lapar in the total amount of $40,000. Mr. JENSEN concurred that he would like to pursue a more reasonable method of draining this area before they acted on expending $40,000. A notice of a Public Hearing was received from the Village of Wappingers Falls on an application from Sparkle Plenty Car Wash, on the issuance of a special use permit to install 2 gasoline pumps at their premises on New Hackensack Road & Imperial Blvd. A notice of a Public Hearing was also received from the Town of Poughkeepsie on an Amendment to the Zoning Ordinance of the Town of Poughkeepsie. Mr. JENSEN moved to receive the notices of Public Hearings from the Village of Wappingers Falls and The Town of Poughkeepsie & place them on file. SEconded by Mr. Johnson Motion Unanimously Carried M,9 4 The following letter was received from the Zoning Board of Appeals: June 16th, 1978 Town Board Members Town Hall - Mill Street Wappingers Falls, N.Y.12590 Re: Home Occupation, Customary Definitions - Page 5 Dear Board Members: The Zoning Board of Appeals of the Town of Wappinger would like to take this opportunity to suggest that this section of the Zoning Ordinance be looked at for revision and updating. It is felt that this definition should be re-examined as numerous hobby type activities such as ceramics, baking, cake decorating, art work, etc. appear to have become home occupations. In view of this, it would seem that it is nessary to revamp this definition to include or exclude, as the Board sees fit, these additional activities as home occupations. Thank you for your consideration. Very truly yours, s/(Mrs.) Betty -Ann Russ, Secretary Zonir Board of Appeals Mr. JOHNSON moved that this matter be referred to the Town Attorney for research and recommendation. Seconded by Mrs. Mills. Motion Unanimously Carried The following letter was received: June 26, 1978 Town Board Mill Street Wappingers Falls, N.Y.12590 Gentlemen: tie Dear Board Members: In order to be eligible for the Community Assistance Program administered by D.E.C. we must make application by August 1, 1978 for the fiscal year 1979-80 of the program. Prior to making application it is necessary a tentative approval be given to the budget for the program. Attached is the proposed budget for state fiscal year 79-80 and, for your information, copies of budget analysis sheets from our 77-78 budgets. Sincerely, s/Edward S. Hawksley Chairman Mr. Diehl had evaluated the Conservation Advisory Council budget & found it to be 40% over last years budget which he felt he could not approve. '795 Mr.DIEHL moved to reject the tentative budget of the Conservation Advisory Council for 1979 since it was 40% over last year's budget & upon re -submission by the Council of a budget with the same $ figure as 1978, it would then be considered for approval by the Town Board. Seconded by Mr. Jensen. Motion Unanimously Carried Mr. JENSEN moved that the Attorney to the Town be requested to prepare a Local Law to Amend Local Law #1 of 1976 Fresh - Water Wetlands Act to read 12 acres instead of 6 acres of of any freshwater wetland as stated in Section 6, Paragraph 1 of this Law. Seconded by Mrs. Reilly. Motion Unanimously Carried The following letter was received: July 5, 1978 Town of Wappinger Town Board Mill Street Wappingers Falls, New York 12590 Dear Town Board Members: Please be advised that I represent Mustafa Mozayeny, the owner of a thiry-acre parcel on Route 9D and north of the property commonly or generally knowns as Chelsea Ridge Apartments. My client's parcel is presently zoned a combination of R-40 and R-20, being primarily the former. My client wishes to make application to have a portion of the said parcel, consisting of seven acres (or less than twenty-five per cent of his property) rezoned to an LB designation. That portion which he wishes to have rezoned is presently zoned R-20 (.6 acre)and R-40 (6.4 acres). My client's parcel is bordered on the east by Route 9D and on the south by the entrance to Chelsea Ridge Apartments. A review of the enclosed map, showing the proposed rezoned area, indicates that the remainder of the proposed rezoned area would be surrounded by the balance of my client's parcel. As you may be aware, the structure presently on the premises is a rather old one; from both an historical and community oriented point of view, it would appear to be a structure worth retaining and removating. Presently, the structure represents no more than a fire hazard as well as a dumping ground for those inclined in such direction. My client proposes to renovate the existing building as well as con- struct three new office buildings, approximately 10,000 square feet each in size, for local business and professional use. We would hope to have the opportunity to answer any questions which the board might have on the evening of July 10th. I would expect that in addition to myself and my client, or his representative, a member of the engineering firm of Hayward & Pakan Associates would be available to answer your questions. Very truly yours, s/Stephen M. Saland ik• Mr. Incoronato, being recognized by the chair, remarked that this was the 2nd rezoning we have had in 2 months. You are defeating the purpose of enacting a new Zoning Ordinance by entertaining these requests. Your shaping this town by piecemeal rezoning. Mr. Diehl reiterated & defended the position the Town Board was taking. The Board intends to revise the Zoning Ordinance, however, in the meantime, if ideal situations come before the Board for action, they will entertain them. The Shopping Center rezoned was just such a situation, residents do not want their taxes raised nor do some of them want business, but you have to cope with one or the other. Mr. Jensen felt that this Town Board or any Town Board would be remiss if they did not entertain any rezoning requests that came before them...Whether we have a new Ordinance or an old one, it can be amended from time to time. Mr. Versace, being recognized by the Chair, concurred with both Mr. Jensen & Mr. Incoronato. He felt they should enter- tain rezoning requests, but they were also in need of a new Zoning Ordinance, the 1963 present one is outdated. Mr. JOHNSON moved to refer this rezoning request from Mustafa Mozayeny to the Town Ordinance Committee, also Dutchess County Department of Planning & Town Planning Board for review & recommendation. Seconded by Mrs. Mills. Motion Unanimously Carried Mr. Lapar submitted a report on Flow Data, Central Wappinger Water Improvement which had been requested at the June Meeting. Mr. Diehl said a meeting was being set for a future date to discuss this item. Two letters were received from Mr. Lapar on L & A Sewer Treatment Plant Flow Meter. One referenced to the need of calibration of the flow meter, the second letter stated an estimated cost of $45 to $60 for this work. MR. JOHNSON moved to direct the Engineer to make the necessary arrangements for this work to be done on the Flow Meter at the L & A Sewer Treatment Plant, as recommedded by him. Seconded by Mrs. Mills. Motion Unanimously Carried 796 /97 The next report from Mr. Lapar was on Oakwood Knolls Sewer Treatment Plant, Hydraulic Problem. He recom- mended lowering the control weirs approximately six(6) inches, to provide additional storage and/or free -board to allow the facility to handle hydraulically approxi- mately 500,000 GPD maximum flow rate. A second letter on this matter gave an estimated cost of $300.00 and stated an approximate time of one week to complete the work. MR. DIEHL moved to direct the Engineer to make the necessary improvements and/or corrections, as recommended by him. Seconded by Mr. Johnson. Motion Unanimously Carried At this pointthe Chair recognized Mr. Versace who questioned Mr. Lapar on whether this hydraulic problem could be a con- tributory factor of the odor problem. Mr. Lapar replied no, & then explained that the odor problem was caused by the sludge holding tanks. Everything has been done by the Town as recommended by the State. The tanks could be covered with canvas but that would be no guarantee either, it is not air tight. Mr. Versace persisted that the odor was overwhelming, people could not open their doors, or even put on their fans. He felt that money should be expended for canvas covering. Discussion ensued on the course to take should they keep ex- pending money hoping it would solve the odor problem. The State felt this course would accomplish nothing. The Board felt at this time, leave it alone, they would keep searching for additional methods. Mr. Versace felt everything should be tried to help the residents so they could use their yards in the summer. You have to experience this to know how offensive it is. They would explore every avenue available. The sludge must be removed and when they did the pumping, the odor was strong; to help remedy this, they were changing the schddule of the pumping so as not to conflict with daylight hours. The Board would continue their efforts to help re- lieve the residents of Oakwood of this problem. 798 Two letters were received from Mr. Lapar on the Ardmore Hills Water Improvement Area. The water lines on Eck road, Michael Drive, Marlyn Drive, MacFarlane Road, Lydia Drive, Peter Drive, and Ada Drive were ready to be put into service and the resi- dents should be permitted to connect into the system. MR. JENSEN moved to direct the Attorney to review Ardmore Hills Water Improvement Area rate structure which was set up at original Public Hearing to determine whether another Public Hearing is needed or if a simple resolution would put these rates into effect. Seconded by Mr. Johnson. Motion Unanimously Carried Mr. Lapar submitted a report on the Rockingham Sewer Treat- ment Plant Sand Filter Washout. He recommended the installa- tion of approximately 80 feet of proper embankment to support the sand filters at an estimated cost of $5,200.00. MR. JENSEN moved that Mr. Lapar meet with Mr. Horton Highway Superintendent and Mr. Maurer, Chairman of Recreation Commis- sion,to discuss expansion of the existing Rockingham Lake and the possibility of using the fill to support the sand filters at the Rockingham Sewer Treatment Plant and further direct Mr. Lapar to prepare bid specs for this work. Seconded by Mr. Johnson Motion Unanimously Carried A letter was received from Mr. Lapar on Spook Hill Estates Waterline and enclosed a memo from Mr. Paggi of this office answering a letter from the Planning Board. This communi- to cations referred/the status of the reads in this area where considerable problems were experienced last winter when water lines froze. The water lines were dug up & relaid but Mr. Paggi stated that if we had another severe winter, they would probably experience more problems. In answer to the Planning Board inquiry about spot checking the depth of the water lines, Mr. Paggi said the only sure way would be to excavate & measure the depth. Mr. Diehl explained that the problems had been corrected by the developer & Mr. Horton concurred, since they have been through another winter season with no problems. 799 MR.JOHNSON moved to receive these letters and place them on file. Seconded by Mrs. Mills. Motion Unanimously Carried A letter was received from Hollice Tallman who had received a permit for a sewer hookup in May of this year, but be- cause of problems with the contractor her residence was never hooked up to the sewer system. She requested that the permit be invalidated and that she be reimbursed for the hoo)c-up fee. MR. JENSEN moved that an inspection be made by the Building Inspector to determine whether this house is hooked into the system, and upon his report,'if negative, that the permit be invalidated and the hook-up fee be reimbursed to Mrs. Tallman. Seconded by Mr. Johnson. Motion Unanimously Carried Under Committee Reports, Mr. Jensen reported that at the June 29th meeting of Tri -Municipal Commission the Attorneys to the Commission indicated that they were arrangiing a meeting with Audit & Control -Dept. of Environmental Consevation & EPA to dicuss funding of Step 2 & Step 3. Mrs. Mills reported that she had inspected the dead maple tree that had been reported by Dr. Hannigan last month. Mrs. Mills felt the trees were on County property & therefore, not a Town problem. Dr. Hannigan was of a different opinion & felt it was due to the laying of the water lines 3 years ago, this was the cause of 2 trees dying and the responsibility belonged to this Town. The opinion of the Attorney was that claims should be made within 90 days, this was 3 years ago and very difficult to ascertain whose responsibilitlititawasat" thisopoint. Mrs. MILLS moved that Dr. Hannigan be notified that the Town of Wappinger is not legally responsible in the matter of these two maple trees. Seconded by Mr. Johanson. Motion Unanimously Carried 800 Mr. Johnson reported that he had contacted the Telephone Company regarding a problem at Rockingham water tank on the water guard system, they would check it out in the next few days and present recommendations to resolve this problem. A report was received from Mr. Hawksley, Chairman of Conser- vation Advisory Commission giving additional information on his request for additional funds. This request was submitted at the June meeting and, at that time, the Board asked for this information. MR. JOHNSON moved to receive this report & place it on file. Seconded by Mr. Jensen. Motion Unanimously Carried Mr. Rappleyea informed the Board that he has contacted Mr. Truett's Attorney in the matter of the release that requires the Truett's signature. There should be some changes in the wording and it should be ready for the next meeting. The following letter was received. July 6, 1978 Town Board Members Town Hall Mill Street Wappingers Falls, New York 12590 Dear Board Members: In response to your letter, Town records indicate that Mr. Berberich purchased the above mentioned property in 1956. The property has been used as a pony farm and also for storage of sand, gravel and heavy equipment. There are no records available to indicate the extent of the non -conforming use at the time the Zoning Ordinance was enacted. Yours truly, s/Robert G. Ruit Building Inspector & Zoning Administrator Mr. JENSEN moved to receive this letter & place it on file. Seconded by Mr. Johnson. Motion Unanimously Carried Mr. Malcolm Mills being recognized by the Chair, stated he lived at 19 Applesauce Lane & was concerned about the problems at Hilltop Water Works that caused the residents to go without water last week. 801 Mr. Diehl informed him that a meeting was being set up Mr. Horton, Highway Superintendent, Mr. Lapar, Engineer & Mr. Caccio, operator of the system to discuss this problem. There was a transformer failure that had caused the problem & the meeting was arranged in order to hear recommendations to correct this problem. Under Unfinifihed Business, Fire District Tax Bills, the following letter was received: July 6, 1978 Town Board Town of Wappinger Town Hall Mill Street Wappingers F lls, New York 12590 Re: Fire District Tax Bills Dear Members of the Town Board: We have reviewed the letter of the Board of Fire Commissioners of the New Hackensack Fire District at your request and conclude, after consulting with various County officials and reviewing the statutes applicable thereto, that the Town is not authorized to cause the tax levy for the fire district to be separately billed so as to permit collection of the entire tax levy of the fire district at one time. The only solution would be for the Town to abandon the present installment tax billing procedure utilized by it. Addition- ally,we can find no statute which would permit the Town to allocate to the fire district a proportionate share of any interest or penalty paid by taxpayers utilizing the install- ment basis. In the absence of such a provision, we can only conclude that such payment would be without legal authoriza- tion. The provisions of the Town Law and the Real Property Tax Law make no provision for such payment by the Town and in the absence of said provision, it must be assumed that the power has not been conferred upon the Town to undertake such allocations. Very truly yours, s/Jon Holden Adams Mr. DIEHL moved that the Town Clerk advise the Fire Companies of the decision of the Attorney in this matter. 111110 Seconded by Mrs. Mills. Motion Unanimously Carried The following letter was received: July 10, 1978 Town Board Town of Wappinger Mill Street Wappingers Falls, N. Y. 12590 Re: Fence Encroachment on Town of Wappinger Property Fleetwood Recreation Area 060 Dear Board Members: Enclosed please find three (3) copies of maps by Badey & Watson showing encroachment of fence on Town of Wappinger Recreational Property. We have also enclosed a letter from Mr. George A. Badey, L.S. explaining the situation. We believe this is sufficient evidence for the Town to proceed in whatever direction you deem most appropriate. Very truly yours, s/Rudolph E. Lapar, Engineer to the Town MR. JOHNSON moved that the Attorney direct a letter to the owner of the property and ask that they remove the fence from the Town recreation area. Seconded by Supervisor Diehl. Motion Unanimously Carried There were two vacancies on the Recreation Commission. MR. JOHNSON moved to appoint Thomas Barber and Frank Presti as members of the Recreation Commission. Seconded by Mrs. Mills. Roll Call Vote: Louis Diehl Nay Councilman Jensen Nay Councilman Johnson Aye Councilwoman Mills Aye Councilwoman ReillyNay Motion Failed Before the vote was taken, Mr. Jensen remarked that no recommendation had been received from the Recreation Commis- sion on these applicants & he felt he could not vote yes on this matter tonight. Mrs. Reilly was present when these applicants were interviewed at a Recreation Commission meeting. They did not have a quorum at this meeting & Mr. Maurer stated that he would poll the members and then make a recommendation. As of this date, this recommendation had not been received by the Town Board. She felt she did not want to vote on it tonight. Mr. Diehl requested the Town Clerk to write to Mr. Maurer & inform him the Town Board was waiting for a recommendation on the two applicants they had interviewed as members of the Recreation Commission. 802 803 MR. JENSEN moved that the law firm of Rosen, Crane & Wolfson be authorized to handle all new Tax Reviews received by the Town. Seconded by Mrs. Reilly. Motion Unanimously Carried Mr. Russell Sutterly, 45 Alpert Drive, being recognized by the Chair, informed the Board that on May 29, 1978 he wrote to U.S.Cablevision on behalf of Angel Brook Civic Association requesting Cable Tele- vision in,that area. He received no reply, so he called the company and received a flat NO for an answer. He was told it was tkoo costly since they had underground facilites in that develop- ment. Mr. JOHNSON replied that if these residents were willing to pay the cost involved, a special district could be formed and they should request the cable company to supply the service. Mr. Diehl asked Mr. Sutterly to take a survey of the streets and the number of residents desiring cable hook-ups. When he comes back with this information, the Town Board can then ask the cable company to give them the costs involved, this will enable the residents to know exactly what it will cost for this service. When that is accomplished, they can pursue the matter further in regard to a special district. MR. JOHNSON move to adjourn the meeting, seconded by Mrs. Mills & carried. The meeting adjourned at 10:33 P.M. Elaine H. Snowden Town Clerk I.