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1978-03-13 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MARCH 13, 1978 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES ----Reg. Dec. 12, 1977, Spl. March 6,-1978 4. REPORTS OF OFFICERS Bodg. & Zrig. - Rec. of Taxes Town Justices Annual Financial Report of Supr. Filed 3/1/78 w/ Town Clk. Report from M.Ryan--Telephones 5. RESOLUTIONS 1. Bldg. Code Ordinance Amendment 2. Local Law -Rules & �Re�g�. for Electrical Installation t 4. Transfers re: Memo from I Ryan, 2/14/78, Ins.. Ptem. 5. Bid, Mid -Point, Hunters Creek, Rec. from R. Lapar 6. PETITIONS & CO_MMUNICATIONS - a. Jeff FIaxman re: reimbursement for plumbing Fltwd. b. Arthur Waddle re: recommendation for Hyrdrant Markers c. Maks Etingin re: request deferrment of Engineering Inspection Fees for Carmel Heights Subd. d. Stanley Porco (Villa Borghese), request for refund of money due to erroneous billing for Central Wapp. Water Benefit Assessment e. E.Hawksley re: decision of Bd. not to adopt SEQR with reply from Attorney f. R.E. Lapar Reports: �;. 1.- Recommendations on NYS .DEC letter of 10/13/77 2. Jack Devine --Spook Hill Rd. 3. Water Loss Survey --all Town Improvements -g. E. Hawksley re: John Pray Rezoning Request h. Resignation from Melvin Zipes from WCAC. - 1 i. R.Ruit re: Taylor Rental Site C.O. it sl . REPORTS OF COMMITTEES 8. UNFINISHED BUSINESS a. Attorney Report --Frances Pierson, Beechwood Circle b. Attorney opinion on Competitive Bidding . NEW BUSINESS 10. ADJOURNMENT 654 The Regular Monthly Meeting of the Town Board of the Town of Wappinger was held on March 13, 1978 at 8:00 P. M. at the Town Hall,Mill Street, Wappingers Falls, New York.. Supervisor Diehl called the meeting to order at 8:12 P. M. Present: - Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Gladys Ruit, Deputy Town Clerk Others present: William Horton, Highway Superintendent Rudolph Lapar, Engineer to the Town The Minutes of the Regular Monthly Meeting of December 12, 1977 and the Special Meeting of March 6, 1978 having been previously sent to the Town Board members, were now placed before them for their approval. MR. JOHNSON moved the minutes of the December 12,1977 Regular Meeting and the Special Meeting of March 6, 1978, as submitted by the Town Clerk be and they are hereby approved. Seconded by Mrs. Mills Roll Call Vote: 5 Ayes 0 Nays Reports for the month,of February were received from Building & Zoning, Receiver of Taxes, Town Justices, Budgetary Receiver Report and the Annual Financial Report of the Supervisor was filed with The Town Clerk on March 1, 1978 and Annual Report from the Director of Recreation, Joseph Ennesser. MR. JOHNSON moved that reports from Building and Zoning, Receiver of Taxes, Town Justices, Budgetary Receiver Report and the Annual Financial Report of the Supervisor be accepted and placed on file. Seconded by Mrs. Mills Motion Unanimously Carried A Public Hearing having been duly held on March 6, 1978 on an Ordinance for Administering & Enforcing the State Building Construction Code, the matter was placed before the Board for their consideration. The following Resolution was introduced by MR. JENSEN who moved its adoption: WHEREAS on May 12, 1960 the Town Board of the Town of Wappinger duly enacted the Town of Wappinger Ordinance for Administering and Enforcing the State Building Construction Code, and WHEREAS the Town Board of the Town of Wappinger does hereby enact and ordain as follows: SECTION 1. Section 10 of the Town Building Code is modified by adding thereto subparagraph (c) as follows: No construction of any portion of a building other than the construction of a foundation shall commence until the owner has first submitted to the building inspector an "as built" certified Plot Plan showing the "as built" foundation location on the plot of land for which the building permit has been issued. Such plan shall show that such foundation is situated and located within the minimum sideyard setback requirements and shall indicate that the location of the foundation conforms to the "proposed construction" plot plan previously submitted or conforms to variations therefrom previously approved by the building inspector as the result of field inspection. The provisions of this subparagraph shall only apply to those foundations which are situated within three (3) feet of the minimum sideyard setback requirements as pre- scribed under the zoning ordinance or to any permit issued pursuant to a variance granted thereunder. SECTION 2. Section 15 of the Town Building Code is modified by the addition thereto of subparagraph (d) which provides as follows: No certificate of occupancy shall be issued for any residential building unless prior installation of footing drains has been completed and said drains have been previously approved in writing by the building inspector. The building inspector is authorized to waive the installation of footing drains in those circumstance; where, in his sole discretion, he determines the same not to be necessary. SECTION 3. The Town Building Code shall mean the Town of Wappinger Ordinance for Administering and Enforcing the State Building Construction Code. SECTION 4. This ordinance shall be effective ten days following its adoption: Seconded by Councilwoman Reilly Motion Unanimously Carried A Public Hearing having been duly held on March 6, 1978 on Local Law #1, 1978 Establishing Rules & Regulations for the Governing of Electrical Installations within the Town, the matter was placed before the Board for their consideration: MR. JENSEN moved to adopt Local Law #1, 1978 Establishing Rules & Regulations for the Governing of Electrical Installations within the Town. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: A LOCAL LAW ESTABLISHING RULES AND REGULATIONS FOR THE GOVERNING OF ELECTRICAL INSTALLATIONS WITHIN THE TOWN. 1. Title. This local law shall be known as the electrical code of the Town of Wappinger. 2. Statement of purpose. Since there is danger to life and property inherent in the use of electrical energy, this local law is enacted to regulate the installation, alteration of wiring for electric light, heat or power and signal systems operating on fifty volts or more, in or on all real property within the Town of Wappinger. 3. National code adopted. All electrical installations heretofore mentioned shall be made in conformity with the requirements of the National Electrical Code, except where the provisions of this local law or any other local law, ordinance or building code of the Town of Wappinger shall differently prescribe, in which event compliance with the provisions of such local law, ordinance or building code, shall be recognized as proper compliance with this local law. The requirements of the National Electrical Code shall be those known as National Fire Protection Association Pamphlet No. 70 and 70A-1972 (National Fire Code, Vol.5) or any subsequent revisions thereof as approved and adopted by the American Standards Association. 4. Electrical inspector. The chief inspector, and each of the duly appointed inspectors of the New York Board of Fire Underwriters are hereby authorized and deputized as agents of the Town of Wappinger to make inspections and reinspections of all electrical installations heretofore and hereafater described, and to approve or disapprove the same. In no event, however will the cost or expense of such inspections and reinspections be a charge against the Town of Wappinger. 5. Duties of the electrical inspector. It shall be the duty of the inspector to report in writing to the chief building inspector, whose duty it shall be to enforce all the pro- visions of this code, all violations of or deviations from or omissions of the electrical provisions of the National Electrical Code, and of all local laws, ordinances, and the building code as referred to in this local law insofar as any of the same apply to electrical wiring. The inspector shall make inspections and reinspections of electrical installations in and on properties in the Town of Wappinger upon written request of an authorized official of the Town of Wappinger, or as herein provided. The inspector is authorized to make inspections and reinspections of electrical wiring installations, devices, appliances and equipment, in and on propertieswithin the Town of Wappinger where he deems it necessary for the protection of life and property. In the event of an emergency, it is the duty of the inspector to make electrical inspections upon the oral request of an official of office of theTown of Wappinger. It shall be the duty of the inspector to furnish written reports to the proper officials of the Town of Wappinger and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection. He shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in comformity with this local law.. He shall direct that a copy of the certificate of compliance be sent to the Town of Wappinger to the attention of thebuilding inspector. 6. Violations of the local law. It shall be a violation of this local law for any person, firm or corporation to install or cause to be installed, or to alter electrical wiring for light, heat or power in or on properties in the Town of Wappinger 651 until an application for inspection has been filed with the New York Board of Fire Underwriters. It shall be a violation of this local law for a person, firm or corporation to connect or cause to be connected elec- trical wiring, in or on properties for light, heat or power, to any source of electrical energy supply, prior to the issuance of a temporary certificate, or a certificate of compliance, by the New York Board of Fire Underwriters. 7. Penalty for violations. Any person, firm or corporation who shall violate any of the provisions of this local law or any rule or regulation made pursuant thereto, shall be guilty of disorderly conduct and shall be a disorderly person, and upon conviction thereof, may be punished by a fine of not more than fifty dollars, and each day on which such violation continues shall constitute a separate offense. 8. Local Law not applicable in certain cases. The provisions of this locallaw shall not apply to the electrical install- ations railway cars, automotive equipment, or the install- ations or equipment employed by a railway, electrical or communication utility in the exercise of its function as a utility, and located outdoors or in the buildings used ex - c lrsively for that purpose. This local law shall not apply to any work involved in the manufacture, assembly, test or repair of electrical machinery, apparatus, materials and equipment by a person, firm or corporation engaged in elec- trical manufacturing as their principal business. It shall not apply to any building which is owned or leased in its entirety by the government of the United States, the State of New York, or the County of Dutchess. 9. No waiver or assumption of liability. This local law shall not be construed to relieve from or lessen the respon- sibility of any person owning, operating,,, controlling or installing any electrical wiring, devices, appliances, or equipment for loss of life or damage to person or property caused by any defect therein, nor shall the Town of Wappinger or the New York Board of Fire Underwriters be deemed to have assumed any such liability by reason of any inspection made pursuant to this local law. 10. Separability clause. If any part or provisions of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the contro- versy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances and the Town Board of the Town of Wappinger hereby declares that it would have passed this local law or the remainder thereof had such invalid application or invalid provision been apparent. 11. Repealing provisions. All ordinances and local laws and parts thereof inconsistent with this local law are hereby repealed. 12. Effective date. This local law shall take effect five days after adoption by the Town Board. Seconded by Mrs. Mills Motion Unanimously Carried Mr. JENSEN explained that the Public Hearing on CATV franchise there were specific questions brought up not only from the public but also from Mr. Erichsen, General Manager of U. S. Cablevision Inc. One of the items brought up was what pro- vision, if any, would be made for homes being constructed in our Town where utilities would be underground. Mr. Erichsen indicated that usually Central Hudson and New York Telephone Company contact them or any cable television company and ask them if they want to join them. He also indicated if they do become involved it costs them 1/3 of the total cost. Mr. kbe Jensen felt this was a prohibitive cost and Central Hudson 1 and New York Telephone Co. have to dig the ditch anyway for their cable. Many new homes will not get cable service un- less something can be worked out. MR. JENSEN moved that the Board take no action on the matter of the cablevision franchise with U. S. Cablevision, Inc., until further information is received. Seconded by Mrs. Milts Motion Unanimously Carried MR. JENSEN moved that a letter be sent to Central Hudson - requesting a meeting with them for a better understanding of the costs for trenching of underground utilites and how they determine these fees that are shared between Central Hudson, New York Telephone Co. and the cablevision firms. Seconded by Mrs. Mills Motion Unanimously Carried The following report was received from Mr. Lapar on bids for Mid Point Park Storm Drainage: March 10, 1978 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y.12590 Re: Mid -Point Park Storm Drainage Project and Hunter's Creek Realignment Dear Board Members: On March 9, 1978, bids were received and opened for the above projects. The only bid submitted was from Dave Alexander, Inc. Bids were received in December, but were rejected by the Board. Previous Bid Alexander's Bid $ 92,006.25 $199,636.53 Alternate #1 Alternate #2 $ 83,370.00 $157,596.00 658 659 Previous Bid Alexander's Bid Alternate #3 Alternate #4 Alternate #5 HUNTER'S CREEK $ 64,310.00 $ 98,900.00 $146,135.00 $ 13,500.00 The price received for Hunter's Creek Realignment is an excel- lent price and we recommend that the bid be accepted. The Mid -Point Park Alternates are as follows: ALTERNATE #1 - Intercept existing stream and pipe it thru easement to lower area - pipes designed on a 25 year storm recurrence interval. ALTERNATE #2 - Intercept existing stream and pipe it thru Martin Drive to lower stream - 25 year recurrence interval. ALTERNATE #3 - ALTERNATE #4 Same as #1 - Pipes designed on a 5 year recurrence interval. - Same. as #1 - except construction of a ditch in lieu of pipes - 25 year recurrence interval. ALTERNATE #5 - Intercept existing stream and pipe it thru easement to lower lot then thru another ease- ment to Martin Drive to lower stream - 25 year recurrence interval We have enclosed a set of plans for the Mid -Point Park Job to point out what the alternatives are. It is our opinion that Alternate #2 should be accepted. We feel that the benefit cost ratio for this alternate is the highest. We feel that Alternate #1, 3 and 4 should not be implemented because of a possibility of increased flooding at the lower end of the project which we were not aware of before. The cost difference of #2 and #5 is slight enough to warrant the extra expenditure for Alternate #2. The major reason we feel Alternate #2 should be chosen is the fact that the road could be reconstructed at the same time. If you have any questions, please call. Thank you. Very truly yours, s/Joseph E. Paggi,Jr., Engineer for Rudolph E.Lapar MR. JOHNSON moved that the Board accept recommendation of Rudolph Lapar on Alternate #2 for Mid Point Park Storm Drainage Project in the amount of $157,596.00 from Dave Alexander Inc. and also on Hunter's Creek realignment for $13,500.00, Dave Alexander Inc. subject to any easements being received that are necessary for the project and the comptroller be directed to make necessary arrangements for the bonding of these projects. Seconded by Mrs. Reilly Motion Unanimously Carried 1 1 The following resolution was introduced by SUPERVISOR DIEHL who moved its adoption: WHEREAS by quitclaim deed dated September 1, 1972 from the United States of America Certain real property was conveyed to the Town of Wappinger for recreational use, and WHEREAS certain portions of said real property cannot presently be utilized for recreational purposes because of uneven terrain, ravines, depressions and other geological features, and WHEREAS fill material is necessary to render said areas useful for recreational purposes, and WHEREAS during annual spring clean-ups conducted by the Town,1 large quantities of materials are collected which would be suitable for fill and which would not contaminate or other- wise be deleterious and harmful to the environment, and WHEREAS said items collected by the spring clean-up could be deposited as fill in said lands subject to a permit being obtained from responsible county or state agencies, which permit would only be obtainable if said agency determines the use as herein described is not harmful to the environment constituted by said lands, NOW THEREFORE, BE IT RESOLVED as follows: 1. That the Town Engineer and Town Highway Superintendent be empowered to further investigate the feasibility of said lands for the purpose heretofore described and that said Town Engineer report to the Town Board, as soon as possible, the approximate costs involved in the necessary engineering and site work and the probable useful life of the site. Seconded by Mr. Johnson Motion Unanimously Carried The following letter was received: 25 Kretch Circle Wappingers Falls, N.Y.12590 February 8, 1978 Town Board Town of Wappingers Mill Street Wappingers Falls, N.Y.12590 Gentlemen: On January 26, 1978, the Fleetwood water District experienced a power outage;first, causing very low water pressure and then second, a tremendous surge in pressure. This surge caused most of the valves and faucets in my home to leak, as well as disrupting heating unit. On that day I contacted Camo Pollution and the Town Engineer re- garding this experience. I was informed that a pressure valve malfunctioned. I would not expect the town to be responsible for acts of God, ie: loss of power or water. However# as a responsible taxpayer, I do expect the town to be liable for failure to have proper safety precautions on its equipment. We pay enough money for these safeguards. I, therefore, request to be placed on the next agenda of the town board so that I may be reimbursed for plumbing services. A bill is enclosed. I thank the board for their prompt action. Yours truly s/Jeff Flaxman 661 Mr. Incoronato who resides in Fleetwood verified this happening in their district. He felt in all fairness, the bill should be paid. Mr. Diehl had contacted Camo when this was reported to him, they checked it out and hopefully remedied the situation. MR. JENSEN moved to reimburse Mr. Flaxman the amount of $25.00 for the bill to check pressure and valves on his heating system and replace seals and 0 ring on Delta faucet, this to be charged to the Fleetwood Water District. A letter was received from Arthur Waddle, chief, Hughsonville Fire District recommending that the Town purchase hydrant markers and distribute them to the Fire Companies for use on hydrants in their respective districts. The firemen are un- able to locate them due to the heavy snow piling up. Mr. Jensen had talked with Mr. Waddle and he indicated that they would be happy to put up these hydrant markers and thought the Town could use anti -recession funds to purchase them. Un- fortunately, Mr. Jensen added, the Fire District is labled "Special District" and anti -recession funds cannot legally he used for this use. MR.JENSEN moved that a letter be sent to Mr. Waddle advising him that the Town cannot use anti -recession funds for this use and thank him for his suggestion. A copy should be sent to the other two fire companies, New Hackensack and Chelsea. Seconded by Mr. Johnson Motion Unanimously Carried The next item was a letter from Maks Etingin, re:deferrment of inspection fees on Carmel Heights subdivision. MR. JENSEN Moved that the inspection fees for Carmel Heights subdivision be deferred at this time at the request of Maks Etingin and refer the letter to the attorney for his opinion. Seconded by Mrs. Reilly Motion Unanimously Carried 062 A letter was received from Stanley Porco, President of Villa Borghese Restaurant on Widmer Road requesting a refund of overpaid taxes. He was erroneously included in the Wappinger Sewer Improvement Area and had paid $334.85 in 1976 and $386.69 in 1977. He checked with Mr. Logan, Assessor and Mr. Lapar, Engineer and they had concurred with this finding. Mrs. Crosby, Receiver of Taxes furnished him with these figures from the Tax Roll. MRS. MILLS moved that the refund be made to Mr. Porco in the amount furnished by the Receiver of Taxes, total of $721.54 & the Comptroller be notified to issue a check after verification of this matter with the Assessor. Seconded by Mr. Jensen Motion Unanimously Carried The following letters were received: 16 February 1978 Town Board, Town of Wappinger c/o Town Clerk Mill Street Wappingers Falls, N. Y. Board Members, Regarding a recent decision by the Board not to adopt guidelines which would implement Local Law #2 of 1977 (S.E.Q.R.), the Advisory Council wishes to bring the following to your attention. Chapter 252 of Environmental Conservation Law, Section 8-0117, sub -sections 3 and 5 (c), clearly state that the effective date of coverage for actions which require the issuance of a permit or an entitlement, was September 1, 1977. Further, Local Law #2 states that "No decision to carry out or approve an action shall be made until there has been full compliance with all requirements of this Local Law and Part 617 of Title 6 New York Conservation Rules and Regulations." It should also be noted that Chapter 252, Section 8-0117, sub -section 5 states, "Any agency which has not adopted and published the additional necessary procedures shall utilize those procedures found in Part 617 for the purposes of implementing this article until such time as such agency has adopted and published its own procedures." It would seem, based upon this information, that any town agencies issuing permits or entitlements should be enforcing the provisions of Local Law #2 of 1977. A copy of Part 617 is attached for your information. Sincerely, s/Edward S. Hawksley Chairman s 3 February 22, 1978 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York 12590 Re: Letter of Edward S. Hawksley February 16, 1978 Gentlemen: While I'm not sure what is the primary thrust of Mr. Hawklsey's letter dated February 16, 1978, I would observe that under the provisions of Chapter 252 of the Laws of 1977, it is not necessary for a local agency such as the Town to adopt rules and regulations with respect to permits or entitlements until July 1st, 1978. One exception exists to this rule,namely, those actions which are "Type I" actions as definded by the regulations of the Department of Environmental Conservation. If an applicant were to seek a permit from the Town for such activity, it would be incumbent upon him to observe the procedures set forth in Part 617 of the regualtions of the Department of Environmental Conservation. I'm not aware of any current applications for Type I activities in the Town. Very truly yours, s/Jon Holden Adams Corbally, Gartland & Rappleyea March 9, 1978 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York 12590 Re: SEQR Dear Members of the Town Board: This letter is to further clarify my position with respect to a question raised by Ed Hawksley, those questions raising the issue of whether or not the Town is observing the provisions of its local law passed pursuant to the State Environmental and Quality Review Act. Under the provisions of our local law, implementation of it is only possible in accordPnce with guidelines and regulations adopted by the town. To date, the town has not adopted such rules and guidelines. As I have previously indicated, I construe the provisions of Section 8-0117 of the Environmental Conser- vation Law to permit the town to defer any action on adopting procedures for the implementation of our local law until July 1st, 1978. Under such circumstances, I do not believe that the town is acting outside the provisions of our local law. Very truly yours s/Jon Holden Adams Corbally,Gartland & Rappleyea MR. JOHNSON moved to receive both letters and place them on file. Seconded by Mrs. Mills Motion Unanimously Carried 664 The following report was received: Town Board Town of Wappinger Mill Street Wappingers Falls, Re: New York 12590 Dear Board Members: February 15, 1978 New York State Dept.of Environmental Conservation Letter dated October 13, 1977 As per the request of the Town Board at its February 14, 1978 meeting, it is our professional opinion that Items 1 through 4 are capital expenses and should be so billed. Items 1, 2 and 3 should be done as soon as possible and we agree with Camo Pollution Control, Inc. that Item 4 would not serve any purpose in that it would be next to impossible to make it air tight. We, therefore, recommend that this work should not be done. Items 5 and 6 were explained to our satisfaction by Camo Pollution Control, Inc. Very truly yours s/Rudolph E. Lapar, P.E. Mr. Diehl was waiting for a reply from the Attorney. This work was for the Oakwood Sewer Plant, and it was his opinion and Mr. Lapar's opinion that this was a Capital Improvement and the monies could be used from that fund. MR. JENSEN moved that this letter be referred to the Attorney to determine if this would be a Capital Improvement. Seconded by Mr. Johnson Motion Unanimously Carried The next report from Mr. Lapar was read: February 15, 1978 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, N. Y.12590 Re: Jack Devine 47 Spook Hill Road Drainage Questions Dear Town Board Members: As per your request at the February 14, 1978 meeting, our professional opinion is as follows: The adequacy of publically owned drainage facilities in this area is delineated in the Townwide Drainage Study, Phase I as prepared by our office. Various legal opinions that I have heard during my years of practice, indicate that a person developing any upstream property has the right to discharge any waters emanating therefrom to an existing stream. 665 If one will accept -the advantages of building next to a a stream tfey must also accept the disadvantages of occasional flooding. The Town Board, of course, does have the ability, if dollars are available, to undertake a comprehensive program to im- prove entire drainage areas for the benefit of all the resi- dents. Very truly yours, s/Rudolph E. Lapar, P.E. Engineer to the Town Mr. Diehl stated that he felt this was an individual problem and although he recognized these problems the best time to correct them is when we can help other individualproblems. It is not a Town oriented problem. MR. JENSEN moved to receive Mr. Lapar's letter and place it on file and notify Mr. Devine of this decision. Seconded by Mrs. Mills Motion Unanimously Carried The following report was received from Mr. Lapar: February 15, 1978 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Re: Water Loss Survey All Town Water Improvements and/or Districts Dear Board Members: On July 11, 1977, my office forwarded copies of proposals of the Pitometer Associates for a water waste survey and/or a listening survey. We have again included same with this letter. Based on usage and pumping records compiled during the last year, we again strongly recommend that this survey be made. Pitometer called our office about two (2) weeks ago and to our knowledge, the proposals are still valid. We agree with Pitometer Associates that the water waste sur- vey will be much more productive in finding and eliminating leaks. The Town should be cognizant that the estimated cost of said survey does not include such items as a small truck and labor to operate valves and the cost of constructing five or six gauging points, etc. as delineated under cooperation by the Town of Wappinger's section of proposed contracts. Very truly yours s/Rudolph E. Lapar Engineer to the Central Wappinger Water Imp. Mr. Johnson commented that the cost would not exceed $7,000 & since the Town facilities are pumping water at twice the rate we seem to be using this cost for finding a tremendous amount of water loss seems to be in order. 1 `666 MR.JOHNSON moved to empower the Supervisor to sign the contract with Pitometer Associates and prior to signing this contract refer to Attorney for review. Seconded by Mrs. Mills Motion Unanimously Carried A letter was received from Mr. Hawksley, Chairman of Wappinger Conservation Advisory Council, in regard to the request of John Pray to rezone his property. Mr. Hawksley felt that an envir- -onmental impact statement would be required prior to approving a zoning change. However, a letter was received from Mr. Pray withdrawing his request. There was, therefore no action taken on this matter. The following resignation was read: 27 February 1978 Town Clerk It is with regret that I must resign as a member of the Wapp- ingers Conservation Advisory Committee. I find that I cannot devote the proper amount of time to this essential committee. Please consider this letter as my formal resignation. s/Mel Zipes MR. JOHNSON moved to accept Mr. Zipes resignation and direct the Town Clerk express the thanks of the Town Board for his services and further moved to recommend the name of Kenneth Wilkinson to fill the unexpired term of Mr. Zipes and advise Mr. Hawksley of this appointment., Seconded by Mrs. Mills Motion Unanimously Carried The following letter was received from Robert Ruit, Building Inspector and Zoning Administrator: March 10, 1978 Town Board Members Mill Street Wappingers Falls, New York 12590 Re: Taylor Rental Site - Frank Konrad Dear Board Members: In accordance with the Site Plan approval and the temporary Certificate of Occupancy, Mr. Konrad has submitted a final plan indicating the finished elevations at this site. This plan has been reviewed and approved by Mr. Lapar, Engineer to the Town. 667 I, therefore, offer the recommendation that the Board approve the issuance of the permanent Certificate of Occupancy. The proposed and final plans for this for project are on file at my office. Yours truly, s/Robert G. Ruit Building Inspector & Zoning Administrator SUPERVISOR DIEHL moved that Mr. Ruit be authorized to issue a permanent Certificate of Occupancy to Mr. Frank Konrad of Taylor Rental. Seconded by Mr. Johnson Motion Unanimously Carried Under Reports of Committees Mr. Jensen reported that the EPA with the TriMunicipal Commission will be discussing this week two presentations made by two (2) environmental firms & sometime after that the EPA jointly with the Commission will contact one of the firms. This is for the environmental impact study that the EPA has requested to be done for the Tri -Municipal Improvement Area. Mrs. Reilly, on Building Committee reported she had requested Rudolph Lapar to look into problem with the 35 acre parcel on Middlebush Road in connection with the proposed Town Hall site to determine what portion of the land is a wetland area. She had received a letter from Mr. Lapar saying that it would not be feasible to do this until sometime in April when the snow has melted. Mr. Johnson reported that a letter had been received by the Highway Superintendent from the Dutchess County Health Depart- ment concerning spraying. Mr. Horton had received this last year requesting manpower for the spraying program and as yet had not contacted the County. Mr. Johnson also reported that a package of information had been received by Mr. Jensen from the EPA. He felt that envir- onmentally the EPA is prepared to make us go round and round. One document is a memo in 1976 on treatment systems, and if anyone would care to read how municipal cesspools are the answers to our problems, they are welcome. Under unfinished business, the following letter was received: i6B8 March 3, 1978 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York 12590 Re: Frances Pierson, Beechwood Circle Dear Honorable Board Members: At the last board meeting, you instructed us to review title documents to ascertain whether or not they contained any easements for drainage purposes. In reviewing the County Clerk's records we have ascertained that her deed (1428/431) contained no reference to any drainage easements. We also examined the subdivision map (no. 3276) and found no reservation thereon or provision thereon for drainage purposes. I trust the foregoing is responsive to your inquiry. Very truly yours s/Jon Holden Adams Corbally, Gartland & Rappleyea MR. JOHNSON moved to receive this letter and place it on file with a copy sent to Mrs. Pierson and the Highway Superintendent. Seconded by Mr. Jensen Motion Unanimously Carried The following letterwas read: March 3, 1978 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York 12590 Re: Competitive Bidding, Sewer Plant Management Dear Honorable Members: At the last regular meeting of the Town Board, you requested our opinion as to whether or not competitive bidding is required to obtain the services of a qualified operator of the sewage disposal plants operated by the various improvement districts within the Town. Under the provisions of Section 103 of the General Municipal Law, which generally govern competitive bidding, contracts which entail the rendering of professional services or special skills are exempt from this provision. There are numerous opinions of the state comptroller relating to this subject, including one that held that a county (which is subject to tie same provisions) could contract with a laboratory for examinantion of sanitation samples of water. Such examination is one of the functions which would be performed by the operator of the sewage disposal plants. Accordingly, it is our opinion that a contract may be entered into with an individual or company having specialized skills and professional skills in the operation of sewage disposal plants without prior competitive bidding. Very truly yours, s/Jon Holden Adams Corbally, Gartland & Rappleyea 669 Mr. Diehl reported that Sludge Removal & Chemical Purchases for the Sewer Plants in the Town were put out bid & published in last weeks W&SD News and informal bids were sent out from the Comptroller's office to organizations recommended by Dutchess County Department of Health. MR. JOHNSON moved that the letter from Mr. Adams on Competitive Bidding be received and placed on file. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Johnson had another item to discuss under unfinished business, regarding a letter from Mr. Diehl to the Vice President of Short Line Bus Company dated December 30, 1977 asking for stops in the Town of Wappinger. Did he ever get a reply? Mr. Diehl gave a little background on the subject. He had been informed by some residents that Short Line Bus Company picks up and discharges passengers in Poughkeepsie and Fishkill, but goes right through our Town and they have requested him to contact the Bus Company, as the Supervisor of the Town of Wappinger & ask for the same service in Wappinger. He agrees now that we have some businesses on Rte. 9 open all night, we do need more service. The last letter he received stated that Mountain View Line had the franchise for this area and would not entertain Short Line or any other company picking up or discharging passengers in the Town of Wappinger. A letter from Short Line Company indicated they would be most happy to perform this service if there would be no legal entanglements. He will pursue this matter further. Mr. Incoronato asked about the status of the license on Mid -Hudson Auto Wreckers, Inc.? Are they still operating without a Salvage Yard License? Did the Town hold a Public Hearing and if not, why not? Mr. Diehl explained there were tremendous legal problems involved. Our attorney and their attorney are working on it, Mr. Chain is involved, our Zoning Administrator , Mr. Ruit, is back and forth to the junkyard checking on violations and the remedies that have been made on some of them. The Board hopes to resolve it in the next thirty days. em Mr. Incoronato then asked about the b id on the car in the amount of $4,000. What was it for, who was awarded the bid, where was the bid submitted to, it just seemed to "come out of the blue". Mr. Diehl informed him it was in the budget, explained at the Budget Hearing, it was legally advertised, the bids are opened by the Town Clerk in her office, one bid was received and opened by the Town Clerk from Parsons in the amount of $4,662.00 and the anount budgeted was $5,000.00.. The car would be used by the Vandalism Patrol. Mr. Incoronato then questioned why so many cars for the Town. We have one patrol car, the Supervisor has a car and the Assessor has a car. He assumes they are not always being used at the same time, why not use a pooling system. Mr. Diehl interrupted him to inform hin of the actual facts of the usage of the cars. The Supervisors' car is used by the patrol in emergencies, the Assessor's car is also flexible in its use. Secondly, the patrol car should be a heavy duty car, which the one they are using certainly is not. Mr.Jensen further explained that the patrol car now in use was an abandoned vehicle which the Town had acquired at a minimum cost. This car, a Toyota, certaijly did not fit the needs of the patrol and at budget time this was discussed. The patrol goes into rough areas and the car was not made for this abuse. It did not make sense to keep pumping dollars into it. Communi- cation is important to this patrol and to install this in the other cars would be too expensive. It is a possibility at this time, Mr. Diehl interjected, that the Building Inspector's truck would be used by the Dog Warden and the Building Inspector would take over the Toyota so they will all be in use. Mr. Incoronato went further into the subject and asked if this patrol was paying for itself in cutting down vandalism. We were expending $10,000 for this service, is it worth it? The answer from the Supervisor was that the records come in every day and are available for any one inspect. They do manage to get into the recreation areas although sometimes they need assistance to get out. They get close enough to the water & sewer plants to 671 spot trouble, which they have reported to the Sheriff's Office, they travel many roads on their way back and forth to the areas they patrol and have provided assistance on these road and have -been alert for other problems that have occured. They have provided assistance in medical problems on the road. Mr. Johnson further reported they had found doors opened at Ketcham High School and prevented great losses there. He brought i up other instances, all on record. Under new business Mr. Jensen referred to a communication from Mayor Kennedy of the City of Poughkeepsie to the Financial and Judiciary Committe of Dutchess County Legislature requesting an increase of 2% in sales tax for municipalities outside the City Of Poughkeepsie so it would be the same throughout the County. MR. JENSEN moved that the Town Board go on record that they are against this proposal and a letter be sent to Financial & Judiciary Committee of the Dutchess County Legislature, carbon copy to our Legislators and a recommendation for a reviewal of a deduction of the present tax. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Johnson,under new business had requested the new Wappinger Legislators of Dutchess County Legislature to keep us updated on resolutions and items of business relating to us at their meetings. Jim Pagones would be sending us each month a list of all -resolutions in front of them and in his cover letter said he would be happy to furnish us with additonal information if we so desire. In reviewing these resolutions from the Feb. 15th meeting, Resolution #42, entitled Entitlement of Land on Myers Corners Road in Town of Wappinger and he requested the Town Clerk to contact Mr. Pagones for additional information on this resolution. MR. JOHNSON moved to direct the Engineer to make an informal study on a drainage project for Bel -Aire Lane to determine costs to solve the drainage problems there. Seconded by Supervisor Diehl Motion Unanimously Carried MR. JOHNSON moved to adjourn the meeting Seconded by Mrs. Mills Motion Unanimously Carried 1 1