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1977-03-14 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MARCH 14, 1976 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. REPORTS OF OFFICERS Supervisor Town Justices Rec. of Taxes Bldg. Insp. Zng., Adm. 4. RESOLUTIONS 1. M. Ryan Transfer requests a. Central Communication b. Street Lighting 2. CATV Rate increase 3. Zoning Ordinance amendment 4. Introduce Local Law - Comptroller 5. Tri -Municipal Step II Grant 5. PETITIONS & COMMUNICATIONS a. Resignation of Bldg. Inspector Bruno Hermans b. Notice of P.H. T/Pk - Zng. Ordinance amendment c. Village of W.F. requests permission to use 3 Voting Machines d. Mrs. Seigfried re: request for Street Light - Brook Place e. Peddlers Lic. Application - Kenneth Brown f. Peter Muro re: Storm Drainage g. Rob't Chiarenzelli re: Drainage Problem h. R. E..Lapar Reports: 1 1. Various Drainage problems 2. Redevelopment of Hilltop Wells i. Elwood E. Wiggin re: requests extension of RFSD to take in Edgehill Drive j. Michael Kelly, Angel Brook Civic Asscn re: Installation of Stop Sign k. H. H. Erichsen, U.S. Cablevision re: opposition to H.R 8 "Bell Bill"' 1. Dutchess County SPCA James Coombs re: proposed proposal fFor use of Shelter m. Connie Smith re: opposition to resolution concerning Comptroller 6. COMMITTEE REPORTS 7. UNFINISHED BUSINESS a. Wm Horton re: Ashtrays in old Justice Ct. b. M. Ryan memo re: payment of '76 voucher for Cons. Adv. Council 8. NEW BUSINESS 9. ADJOURNMENT r i 13 8 -Ma The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on March 14, 1977 at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:05 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Others Present: William Horton, Superintendent of Highways Allan RAppleyea, Attorney to the Town Rudolph : ,,apar, Engineer to the Town Reports for the month of February were received from the Town Justices, Building Inspector and Zoning Administrator. MR. CLAUSEN moved the reports for the month of February be accepted and placed on file. Seconded by Mr. Jensen. Motion Unanimously Carried Mr. Diehl, observing that residents of Martin Drive were present, indicated that the matter of the drainage and safety problems on Martin Drive would be taken up as the first order of business. Mr. Johnson indicated that the situation the Town faces is a drainage problem as well as a safety problem, where water runs across the street and freezes up causing accidents on top of Martin Drive. The Board has been attempting to get a legal opinion as to whether drain pipes that have been removed in back of 31 Martin Drive were illegally removed thereby causing this problem. There are ways of solving the problem, one being to put a 12 inch line between 2 of the homes into the storm drains which would prevent the water running across the surface of the street, and would probably remove the undermining of the street, the other would be to replace the drainage pipe in the backyards to pick up the normal 13 9 course of that stream, that cost might possibly have to be borne by the resident who removed the pipe in the first place. He asked Mr. Rappleyea to give the Board a legal opinion as to whether that pipe was removed illegally, and have that information for the Board this week. If it has been removed illegally he would recommend that Mr. Horton and Mr. Lapar provide the Board with a cost esti- mate of piping the water through these yards down to the storm sewer in the street, and also, one for replacing the pipe through the backyards to pick up the normal water course of that stream. Mr. Diehl agreed with Mr. Johnson in that the Board has to find out as soon as possible where the responsibility is, and if it is the Town's responsibility, own up to it and do the job. Mr. Rappleyea believed that probably within the next two weeks it could be ascertained if there was an easement back there, and from that would be able to know which way the 2'Cwn should go. Mr. Tompkins, 29 Martin Drive, being recognized by the chair, said he had looked for an easement and hadn't been able to find anything. He described the loss of soil, lawns etc. from the water running down his and others properties. MR. JOHNSON moved that Mr. Lapar be directed to come up with the necessary facts to determine the pipe size and easements, and any other information that Mr. Rappleyea would need to come up with easements. Seconded by Mr. Clausen Motion Unanimously Carried Mr. Versace asked Mr. Tompkins if he had experienced any of these problems prior to this problem occurring. Mr. Tompkins replied that only twice, when there were excessively heavy rains that flooded the whole area, otherwise no problems prior to the pipes being removed. Mr. Versace asked Mr. Horton if there was an ease- ment back of these residences, at which Mr. Horton answered that the Town wouldn't, as it was private property to private property. 414 Mr. Versace then concluded that an easement would have to be obtained from all the property owners where the pipes are to replace the two pipes that taken out. Mr. Martin asked if it would be possible to put a bulldozer in and cut an angle trench to the swamp, and if this would relieve the problem. Mr. Horton made note of the fact that this stream was pre-existing and was shown on the Panorama Acres Maps. Mr. Diehl summed it up that the Board has said to the Engineer and 160 Attorney that they would like answers by the next Town Board meet- ing. kho Proceeding on with the Agenda - Resolutions were next considered. The following memo was received: March 3, 1977 Memo to: Town Board Members From: Matthew W. Ryan, Comptroller Re: Central Communications When we received the bill for New York Communications Company yesterday, there was an increase of $30.00 for February. It seems that last August the Highway Department ordered a new radio which was not received or installed until January 1977. When the budget was prepared the final figure was based on the then current charges. Since that time the board approved the installation of a radio in the patrol car and allocated the funds from Federal Revenue Sharing. In order that we do not overdraw this account, please transfer: $330.00 from A1990.4 Contingency to A1650.4 Central Communi- cations. Thank you. Matthew W. Ryan, Comptroller MR. CLAUSEN moved to authorize the Comptroller to make the transfer of $330.00 from A1990.4 to Account #A1650.4. Seconded by Mr. Jensen. The following memo was received: Motion Unanimouslyb Carried Memo to: From: Date: Subject: Town Board Members Matthew W. Ryan, Comptroller March 1, 1977 Street Lighting I am enclosing copies of the budget submitted by Central Hudson as well as the bill for 1977. As you can see the bill is somewhat in excess of the budget. This is the case in all of our lighting districts. As you can also see, the fuel adjustment charge and credit balances were way off. We have no choice but to pay the bill. Please make the following transfer: From To B1990.4 B5182.4 Thank you. Amount $900.00 Very truly yours, Matthew W. Ryan, Comptroller MR. CLAUSEN moved to authorize the Comptroller to transfer the sum of $900.00 from B1990.4 to B5182.4 Seconded by Mr. Jensen. Motion Unanimously Carried MR. JOHNSON moved to table action on the CATV rate increase request. Seconded by Mr. Clausen Motion Unanimously Carried The matter of a proposed Zoning Ordinance Amendment was placed before the Board as a Public Hearing had been duly held on March 10, 1977, and all interested persons had been heard. Mr. Johnson initially commented that the information the Board has received indicates that the Board would probably do better to revise it to include some kind of a review if they want the Zoning Board of Appeals to handle Site Plan approval, having the Planning Board do the review and moved to table the Ordinance and redo it with a provision for Planning Board review (this motion was withdrawn after Mr. Rappleyea advised him a new hearing would have to be held if revisions were to be considered). 1 tga L The following Resolution was offered by COUNCILMAN JOHNSON who moved its adoption: An ordinance amending the zoning ordinance of the Town of Wappinger adopted January 29, 1963. Be it ordained by the Town Board of the Town of Wappinger as follows: Section One: Sections 412.01 and 412.02 of the said zoning ordinance are repealed. kbe Section Two: The following provisions shall be substituted for and in place of Section 412.01 and shall read as follows: Section 412.01 A. Pursuant to Section 281 of the Town Law, the Planning Board is authorized, simultaneously with plat approval, to modify the provisions of this ordinance for the purpose of enabling and encouraging flexibility of design and development of land for residential purposes in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open lands. B. The owner shall make written application for the use of this procedure. It may be referred to the Town Board at the discretion of the Planning Board, if in the said Planning Board's judgment, the use of this procedure would benefit the Town of Wappinger. The application shall include the location and size of the property, the number and type of dwelling units proposed and such other information as may be required by the Planning Board. Section Three: Section 434, 434.01, 434.014, 434.02, 434.0, 435.01, 435.02, and 436 are amended by substituting the Zoning Board of Appeals in place and instead of the Planning Board. Notwithstanding the kre same, any applications for special permits which have been filed with the Zoning Administrator prior to the effective date of this ordinance shall be processed in the manner heretofore provided. Section Four: This ordinance shall take effect immediately upon adoption, posting and publication, as provided by Town Law. Seconded by: Councilman Clausen Roll Call Vote: 5 Ayes 0 Nays MR. JOHNSON moved that, pursuant to Section 3 of the Town of Wappinger Zoning Ordinance Amendment just adopted, the Town of Wappinger Zoning Board of Appeals is hereby directed to refer all 43 matters on Special Use Permit applications to the Town of Wappinger Planning Board for their advisory review and recom- mendations prior to action taken by the Zoning Board of Appeals on these applications. Seconded by Mr. Clausen Motion Unanimously Carried The following Local Law was introduced by COUNCILMAN JOHNSON and seconded by Supervisor Diehl: Section 1. The office of Comptroller in the Town of Wappinger may be filled by a person who is not a resident of the Town of Wappinger. Section 2. This local law shall take effect immediately upon adoption and as provided in the Municipal Home Rule Law. Mr. Versace commented that there was correspondence with reference to this proposed Local Law, and since it is part of the Agenda; it should be read at this point. March 1, 1977 To Town of Wappinger Board Members: I am sending this correspondence to express my absolute opposition to the resolution to approve the Town's Comptroller or any Town official residing outside the Town. It seems to me that there are definitely people in our town that are qualified to fill the positions. If for some reason we must have someone from outside the Town fill the position, I recommend that they be forced to move in the town within a reason- able period of time. If our tax dollars are good enough to earn, then our Town should be good enough to reside in. Surely someone who lives in the Town will have more interest in the Town's best interest. Other communities do not allow their Town officials to reside outside the area; let alone be an official from another town. Neither one of these practices seem legal to me. It is your duty as an elected official to represent all the Town's people and look out for their best interest and welfare, not make it easy for outsiders to come in and take over. While I am well aware that I am only one taxpayer in the Town, I know that there are many that feel as I do, and I urge you to reconsider the resolution. If you require more taxpayer/voter imput, you can be assured that I will do whatever necessary to help you aquire it. Thank you for your consideration in this matter. Sincerely, a/ Constance O. Smith Mr. Jensen believed Mrs. Smith's letter should be appropriately submitted for the record at the Public Hearing on said Local Law. The following resolution was offered by COUNCILMAN JOHNSON, who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held on March 14, 1977, a proposed local law, entitled a Local Law With Respect to the Office of Comptroller in the Town of Wappinger, and WHEREAS, the provisions of the Municipal Home Rule Law re- quire that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED as follows: 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. 28th day of March 1977, at 7:30 o'clock P.M. on such day at the Town Hall, Mill Street in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by due posting thereof upon the Bulletin Board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by Supervisor Diehl Roll Call Vote: 5 Ayes 0 Nays Action and discussion on Tri -Municipal Step I grant was tempor- arily tabled. The Town Clerk informed the Board that she had received the resignation of Bruno Hermans as Building Inspector and Plumbing Inspector on March 1st, to become effective March 31, 1977. MR. CLAUSEN moved to receive Mr. Hermans' resignation with thanks. Seconded by Mr. Diehl. Motion Unanimously Carried Mr. Jensen made reference to applications for the Building Inspector's position which have been received, and asked if interviews were being arranged. Mr. Diehl answered he had asked the councilmen to inform him of convenient times for them to hold interviews. Mr. Jensen recommended the Board consider expediting this matter so there could be an orderly fazing in and out of OS*145 Building Inspectors. Mr. Diehl stated he would like to meet this week, if possible. Mr. Johnson recommends starting the interviews tomorrow night, and Mr. Diehl agreed to set it up. Notice of Public Hearing was received from the Town of Poughkeepsie on Amendments to the Town of Poughkeepsie Zoning Ordinance to be held on April 5, 1977. MR. DIEHL moved the Notice of Public Hearing from the Town of Poughkeepsie be received and placed on file by the Town Clerk. Seconded by Mr. Clausen. Motion Unanimously Carried A request was received from the Village of Wappingers Falls for permission to use three of the Town of Wappinger voting machines for the upcoming Village Election to be held March 15, 1977. MR. JENSEN moved that the Village of Wappingers Falls be granted permission to use three of the Town of Wappinger Voting Machines, under the supervision of the Town of Wappinger Voting Machine Custodians, on March 15, 1977. Seconded by Mr. Clausen. Motion Unanimously Carried A letter was received from Mrs. A.W. Seigfried, requesting the installation of a street light at the intersection of Brook Place and All Angels Hill Road. Mr. Diehl directed that Mrs. Seigfried's request be referred to the Street Lighting Committee and Mr. Clausen, Chairman of this Committee report back at the next Board meeting. An application for a Peddling and Hawking License was received from Kenneth H. Brown. The application had been referred to the Dutchess County Sheriffs Department, and returned indicating no criminal record on file. 146 ' MR. JOHNSON moved to approve the application and grant Kenneth H. Brown a license for Hawking and Peddling in the Town of Wappinger, but he shall be excluded from any of the Town of Wappinger Recreation Area properties. Seconded by Mr. Diehl. Motion Unanimously Carried The following letters were received: 10 Midge Drive Wappingers Falls, N.Y. February 25, 1977 Town Board Town of Wappinger Town Hall, Mill Street Wappingers Falls, N.Y. Re: Peter Muro residence located 10 Midge Drive, Town of Wappinger Gentlemen: Due to improper placement of the storm sewer on the north side of my driveway, I have received the water in the same amount that I had been receiving for the past years because of an improper roadway. The storm sewer was put in to alleviate the water problem that I have had in the past. However, it created the same problem because it was placed on the north side rather than the south side of my driveway. To alleviate said situation, a second manhole connection must be placed onthe south side of the driveway. With the present storm, sandbags had to beused to stop the flow of water coming into my house and in my driveway. I sustained damage to my property in the amount of $200.00. This figure represents cleaning of four (4) rugs which were recently purchased. I would appreciate some compensation for the cleaning of these rugs as well as correcting the situation. Yours very truly, s/ Peter Muro 14 Fox Hill Road Wappingers Falls, N.Y. February 27, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, New York a.4' .; Dear Sirs: For the thirteen years prior to the installation of the town water and sewer lines on our street in 1976, we had an adequate drainage situation. Since the improvements were installed, the road level was raised 6 - 8 inches, and now during heavy rains and melting snow the water collects on my driveway and front lawn. My driveway was formerly level with the road. Now a ramp at the end of the driveway slopes up the the road allowing water to drain from the road into my driveway. The attached photo was taken Feb. 13, 1977. My driveway is obviously covered with six or more inches of water. On reb. 24 the situation was even worse, and the water began to drain into my backyard. My driveway is cracking up badly and will have to be resurfaced. I complained to the Highway Dept. in 1976 after the road level was raised. I complained again on Feb. 14 and Feb. 25, 1977. On Feb. 25 an inspection was made by highway department personnel and I was told by phone that they plan to make some measurements next week. I don't know what solution, if any, they contemplate. I request the Town to take action to remedy this situation and to repair the damage this situation has caused to my driveway and lawn, as this is a direct result of the road level being raised and the drainage pattern changed. Sincerely, s/ Robert V. Chiarenzelli A report was received on several drainage problem areas from Mr. Lapar. The following paragraph from this report was read: "2. Muro - 12 Midge Drive - We investigated this problem on March 1, 1977 to determine the cause of the flooding during the time of February 24th and 25th. Here, again, we found the house situated lower than the road with the driveway pitching directly down to the garage section of the house. During the heavy rains, the existing berm across the driveway was not sufficient to hold back the runoff, therefore, the flooding occurred. As to fixing the problem, a system of catch basins and pipes could substantially alleviate it, but during heavy rains, the same thing could happen."! Mr. Diehl asked Mr. Lapar that if the Town put another drain on Mr. Muro's side of the street, as was his suggestion, it would alleviate the problem. Mr. Lapar answered that it would defin- itely help, but would not put himself in a position where it would definitely alleviate this problem. Mr. Muro, being recognized by the Chair, stated that had the drain been located on the south side of his property he would definitely not have had the problems he referred to in his letter. He 148 continued to enlarge on his drainage problem, and wanted to know when the work would be done. MR. CLAUSEN moved that Mr. Lapar be directed to get a cost price on correcting Mr. Muro's drainage problem as recommended, and this problem be referred to both the Highway Superintendent and Engineer to the Town. Seconded by Mr. Johnson. Motion Unanimously Carried On the matter of Mr. Chiarenzelli's drainage problem, Mr. Horton stated that he was going to try a dry well there, which he believes will work, and will attempt to install it as soon as weather permits. MR. DIEHL moved that the Town Clerk so notify Mr. Chiarenzelli of Mr. Horton's intentions. Seconded by Mr. Johnson. Motion Unanimously Carried The other drainage problem finding on Mr. Lapar's report regarded Mr. Peterson, 88 Brothers Road, and had been referred to Mr. Lapar by Supervisor Diehl. Mr. Lapar's findings were as follows: Memo To: Town Board - Town of Wappinger From: Rudolph E. Lapar, P.E., P.C. Re: Various Drainage Problems As per Mr. Diehl's request, this office investigated various problems in the Town. Our findings are as follows: ihr' 1. Peterson - 88 Brothers Road - we investigated this problem on February 25, 1977 after the heavy rains of the night before. The house, specifically the garage and basement, experienced a heavy inflow of water and sand. The primary cause for this is the fact that the house sits below the elevation of the roadway. During the heavy rains, the ditch on the, westerly side of Brothers Road was not able to handle the runoff, therefore, the excess ran over the road picking up sand and grit that was on the road. Extensive shoulder work could abate the problem, however, due to the grade of the house, a heavy rain could produce the same results. MR. CLAUSEN moved that, along with Mr. Muro's problem, that the Highway Superintendent, and Engineer to the Town investigate the cost and the best procedure to solve Mr. Peterson's problem. Seconded by Mr. Johnson. Motion Unanimously Carried The following report was received: February 25, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Redevelopment of Hilltop Wells Dear Board Members: On February 9th, the Town advertised for bids on the above referenced project. In addition, our office sent the attached letter to eleven (11) contractors who are capable of performing the work as advertised. On the specified bid date, there were no bids submitted to the Town for their consideration. Since we are at a standstill, we await your direction as to what course of action to take. Very truly yours, s/ Rudolph E. Lapar, P.E. The following letter was read: Mr. Rudolph E. Lapar, P.E., P.C. Town of Wappinger, Town Engineer 90 E. Main Street Wappinger Falls, New York Re: Hilltop Water System - Central Wappingers Water District Dear Rudy: As we discussed yesterday the yield of all three wells at the above system are continuing to fall off to a point that it is necessary to perate all three pumps to meet the water demand. The pumps are now running 24 hours per day. This has us in an emergency condition. We agree with the conclusions of Jay Paggi in regard to the wells most probably not being designed to good engineering speci- fications. But nonetheless our job as operators is to supply water, and we feel that the proposal Mr. Harris made although not guaranteed, should produce enough water to maintain the system for sometime. We are basing this on the facts as we know them, and they are that Mr. Schule redeveloped each well once every three (3) years. With this in mind we would Lope to get two (2) years of good service from the wells at which time economics maybe such that another approach can be taken. Mr. Harris has provided us with a proposal to redevelop the #3 well as he discussed including removing the well pump and 150 replacing it at a cost to the Town not to exceed $2,250. I assume you and our men will oversee the work and if a gravel pack etc. is not needed the cost could be somewhat less. The original estimate was for $3,500 for all three wells if we removed the pumps. As you are aware the #3 well is the worst well at this time and this is why it was decided to develop this well first. Mr. Harris is concerned because this well has been pumping for sometime. If we are satisfied with the work done on this well, we would strongly recommend that we proceed immediately with the remaining two wells. It might also be wise to take the pumps (submersibles) to the pump shop for checking and reconditioning 11110 while they are out of service in particular the #3 which has as we noted been pumping sand for sometime. Please advise as to any further actions required on our part. Thank you in advance for your cooperation in solving this problem. Very truly yours, Camo Pollution Control Inc. s/ George B. Cacchio, Pres. MR. JOHNSON moved to immediately go forward and recondition #3 Well, and also recondition the motors at the same time. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Johnson briefly commented that somewhere along the line the Board couldn't really prolong the final solution of possibly new wells if these wells were built with poor engineering design and he understands that the screens were probably of the wrong size so allowing that they get clogged and so on. It is our major water supply, and somewhere along the line we will have to address that fact. We may have to look at new wells. Mr. Lapar agreed. The following letter was received: 9 Edgehill Drive Wappingers Falls, N.Y. March 8, 1977 Town Board Town of Wappingers Falls Mill Street Wappingers Falls, N.Y. Gentlemen: I would like to obtain your approval, as the elected representa- tives of the Town of Wappingers Falls, to have the Rockingham Farms Sewer District extended to include Edgehill Drive (from All Angels Hill Road to Magura). The surrounding developments are already included as "non -tenants", while selected residents of Edgehill Drive are classified as "tenants" and, therefore, subject to the Town Board's 1972 ruling required payment of a double -annual sewer service charge. Alternatively, pleaseconsider repealing that 1972 Town Board ruling. I would like a writtenreply advising me of what action will be taken by the Town Board on either of these requests. Sincerely, s/ Elwood E. Wiggin Mr. Diehl reiterated that several months ago a request was received from Mr. Wiggin, that he was in desperate need of hooking into the Sewer District and he is out of the district, and that he had also been notified by the Heath Department of his problem. His request was to hook into this district and at that time the Board granted this request. The Town Clerk did notify him of the charges and rates for people outside of the district. Now he is basically asking us to expand the district and bring in his and other homes that are now outside of the district. He previously has also asked to drop the $500 or the double rate O&M charge. This is like a third request. Mr. Jensen commented enlarging the District would be almost an impossible task. Mr. Diehl commented that a change in policy couldn't be considered singlely for Rockingham either, since it is a Town wide policy, and in his opinion the established policy is not an unusual thing, it's commonplace in various towns and villages elsewhere. Mr. Versace believed the problem here also is that the plant doesn't really have the capacity to take an enlarged district, and that's one of the reasons resi- dents have been considered as tenants only when emergencies arise. MR. JENSEN moved that Mr. Wiggin's request be denied as stated, and a letter be sent to Mr. Wiggin. Seconded by Mr. Clausen Motion Unanimously Carried L The following letter was received: Angel Brook Civic Association March 7, 1977 Town Board, Town of Wappinger Mill Street Wappingers Falls, New York Gentlemen: There appears to have been some misunderstanding relative to the reasons for the installation of stop signs in Angel Brook. The primary reason for installing stop signs is the need for traffic control to cut down on the excessive speed of vehicles driven through the development. Requiring vehicles to stop at the intersections identified in my letter of February 7, 1977 will bring about increased safety for the residents of Angel Brook. Will you please reconsider your vote and take positive action to install the requested stop signs? Sincerely, s/ Michael Kelly Mr. Diehl indicated that he could support this request. Mr. Jensen asked if any reports had been received from the police. agencies with regard to Mr. Diehl's request for surveillance on speeders in this development. Mr. Diehl answered that he had only asked the Sheriffs Department and they have had some radar surveillance, but doesn't know how many violations have been observed. The first week Mr. Diehl had only requested warnings to be given, after that tickets were to be issued. Mr. Jensen asked for a written report from the Sheriffs Office. Mr. Johnson suggested speed bumps. Mr. Versace voiced his opinion that, since these residents do live in that area, and petitions were received from them, and, as they are familiar with the traffic and rate of speed of cars, he believed they slould have the signs where they wanted them, since stop signs were installed in other developments upon request. MR. VERSACE moved to place the Stop signs, requested by Mr. Kelly i53 of the Highway Department, in that development. Seconded by Mr. Clausen. Roll Call Vote: 4 Ayes Mr. Jensen ----Nay A letter was received from Howard H. Erichsen, General Manager, U.S. Cablevision. Corp. with reference to a bill in the House (H.R.8) - the "Bell Bill". Mr. Erichsen feels the passage of this bill would have an adverse affect on cable television, and therefore urged the Town Board to oppose the passage of it. MR. CLAUSEN moved to receive Mr. Erichsen's letter and place it on file. Seconded by Mr. Jensen. Motion Unanimously Carried The following letter was received: February 25, 1977 Mr. Louis D. Diehl Supervisor, Town of Wappinger Town Hall, Mill Street Wappingers Falls, New York Dear Mr. Diehl: The Dutchess County Society for the Prevention of Cruelty to Animals is seeking support from the municipalities of Dutchess County in reopening the Animal Shelter by April 1, 1977. The SPCA is requesting that at your next executive session, your Board consider utilizing the SPCA shelter to handle your animal problems. To reopen the Shelter the SPCA is seeking a commitment in the form of a contract from the municipabity of $3.00 per dog per day plus. a $5.00 put down fee. The SPCA will abide by the legal requirements of holding an animal five days if from a City or seven days if from a Town and will provide an adoption service for these animals. Your Warden will be guaranteed a 7 day a week 24 hour a day access to the SPCA Shelter. Within the next two weeks you will be contacted by a representative from the SPCA who will meet with you personally to answer any questions you may have regarding the attached proposal. Very truly ;yours, Dutchess County Society for the Prevention of Cruelty to Animals, Inc. By: s/ James E. Coombs, Pres. 154 Mr. Diehl commented that personally he was a little scared of it. The Town has had bad experienceswith them in the past. The distance involved is one deterring feature, and the fact that with the present pound,.a vet is available whenever an injured dog is brought in. MR. JOHNSON moved to direct the Comptroller to investigate the cost comparison, taking 1976 figures on the number of dogs that 1 the dog warden supplied to Dr. Hannigan, and comparing that using the formulas brought up into play by Mr. Coombs and that way you can tell whether we have a cost differential and whether it's going to cost us more including the time factor, and also cover the cost of travel back and forth at 15 a mile. Seconded by Mr. Diehl. ok.4 Motion Unanimously Carried Supervisor called a 10 minute recess at 9:16 P.M. Supervisor Diehl called the meeting back to order at 9:48 P.M. All Board members were again present. Mr. Diehl made reference to a memo of Mr. Ryan's dating back to January 26, 1977 regarding a voucher submitted by Mr. Hawksley for expenses incurred in '76 by the Conservation Advisory Countil for tests of the Sprout Creek water. Mr. Ryan had denied payment, since the testing had been done from April -to November '76, and Mr. Hawksley had not presented the bill until January '77, nor had he asked for an encumberance. Mr. Diehl felt that Mr. Hawksley had not been aware of the encumberance procedures, and didnYt believe he should be personally held liable for the payment of this expense. MR. DIEHL moved that the Comptroller be instructed that the said bill of Mr. Hawksley be paid, and a transfer be made from the appropriate account to pay :this said bill. Seconded by Mr. Clausen. Roll Call Vote: 5 Ayes 0 Nays Mr. Jensen, under committee reports stated that the Tri -Municipal Commission just received the official communique from the EPA Saturday, and the Commission will be meeting shortly to take the next course of action. He added that although they had received the Grant from the Federal Government, the Commission still has to make application for payments of said Grant.. Mr. Versace commented that prior to the first of the year the Town had requested engineering firms to submit proposals for a lateral Improvement Area in the Town (Wappinger Sewer #3). These proposals were received by himself, as Chairman of this lateral district, and in turn, forwarded copies of them to the other members of the Board. The Board discussed these proposals at a. meeting in February, since that time there has been some further discussion, and from imput from Mr. Rappleyea, three of the four engineering firms were equal to and capable of undertaking the map, plan and study report of this district. At this time he has reviewed these proposals, and was prepared to make a recom- mendation in that an engineering firm be authorized to proceed with the map, plan and study for the proposed lateral district under the criteria laid out by the EPA. There were dollar figures that were indicated by each firm and he felt that the Wehran Engineering of Middletown was low bidder on this proposal. MR. VERSACE moved that the plan of study work be awarded to Wehran Engineering of Middletown. Seconded by Mr. Clausen Roll Call Vote: Councilman Clausen Aye Councilman Jensen Nay Councilman Johnson Nay Councilman Versace Aye Supervisor Diehl Nay Motion Defeated. Mr. Jensen, prior to the vote, commented that there are some things he believes Mr. Versace incorrectly stated, such as Wehran being the lowest bidder. In his review of the proposals, some is 15+14, of the proposals seemed to be more extensive in nature than others and therefore it would be very difficult to say that one is less than the other unless you really broke it down. He could even go one step further,there was one other firm who really made a very low bid because he didn't address the whole project. Mr. Diehl was personally of the opinion that they had a dead beat between Lapar Engineering and Milton Chazen of Poughkeepsie in regard to the Sewer 3 and would, at this point 0110, be inclined to lean towards Lapar, with his experience and his work on town work and his knowledge. Mr_ Versace countered that the least amount of maney should be expended since this in only a study, and as he sees it Wehran has indicated a price of $6,000 for a plan of study. Mr. Lapar is $10,000, cost and Mr, Chazen was a cost plus, but was around $8,000. So if they are talking dollars and everybody is competant., he believed it should be awarded to the person who is going to cost the Town the least amount of money. Mr. Clausen supported Mr. Versace. MR. JENSEN moved that the firm of Rudolph E. Lapar, P.E. P.C. be requested to submit a contract for doing the plan study work for Wappinger Sewer #3. Within his proposal, said contract should also indicate not only the full proposal, but portions thereof. Seconded by Mr.. Johnson Roll Call Vote: 1 Councilman Clausen Nay Councilman Jensen Aye Councilman Johnson - Aye Councilman Versace Nay Supervisor Diehl Aye Motion Carried The following resolution was offered by COUNCILMAN JENSEN, who moved its adoption: WHEREAS, the Tri -Municipal Sewer Commission has previously requested permission to proceed with a Step I Grant Application and, WHEREAS, the Commission has received a letter from the EPA approving of the Grant by letter dated March 10, 1977 and including a copy of the Grant Agreement dated March 2, 1977, NOW, THEREFORE, BE IT RESOLVED that the application of the Tri -Municipal Commission is hereby approved, ratified and confirmed and BE IT FURTHER RESOLVED, that the Commission is hereby authorized to proceed with the work approved and confirmed by the EPA by Grant dated March 2, 1977 but that no further com- mitments be made by said Commission until further approval by the Town Board of the Town of Wappinger. Seconded by: Councilman Johnson Roll Call Vote: Councilman Clausen Aye Councilman Jensen Aye Councilman Johnson Aye Councilman Versace Aye Supervisor Diehl Aye At the February 14, 1977 Board Meeting, Mr. Clausen had briefly mentioned that there were some ashtray urns in the hall outside of the Justice Court rooms over the Marine Midland Bank, which he had been given to understand belonged to the Town. He informally requested Mr. Horton to remove them, since he assumed they were Town property, and the Justice Court had vacated those quarters, leaving them behind. The following response to this request was received: Memo To: Town Board, Town of Wappinger From: William P. Horton, Superintendent of Highways Subject: Ash Trays in Old Justice Court Dated: March 8, 1977 At the February 14th regular meting of the board I was directed to pick up the ash trays that still remained in the hallway of the old Justice Court. Before picking them up I spoke to Mrs. Croshier, who informed me that as far as she knew the ash trays belonged to the bank. A call was then put in to Mr. Buck of the Marine Midland Bank, who confirmed that the ash trays were, indeed, bank property. I await your direction. Mr. Diehl then contended that if a motion had been made to pick up these ashtrays, it should be rescinded. There was some discussion as to whether a motion had been made and if so, who had moved it. Mr. Clausen commented that since he had brought the subject up 'probably he had moved it and since Mr. Horton, in, his wisdom, had checked out the ownership of said ashtrays before, oie 1 'kw left 158 ,e attempting to remove them, he would gladly move to rescind it and would hope that the other Board members would admit to their mistakes as graciously as he was doing now. Mr. Diehl said he would withdraw his second to the motion if he was the one who made it. (There was no original motion, however, to rescind, it had been an iliformal request initially). Supervisor Diehl introduced a local law of 1977 of the Town of Wappinger, County of Dutchess, New York, pursuant Lo Article 8 of the New York Environmental Law providing for environment quality review of actions which may have a significant effect on the environment. The following resolution was introduced by COUNCILMAN CLAUSEN who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held on March 14, 1977, a proposed local law, entitled a Local Law of the Town of Wappinger, pursuant to Article 8 of the New York Engironmental Law Providing for Environmental Quality Review of Actions which may have a signifi- cant effect on the environment and WHEREAS, the provisions of the Municipal Home Rule Law require that no Local Law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, be it resolved as follows: 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 23rd day of March 1977, at 7:30 P.M. on such day at the Town Hall, Mill Street, Wappingers Falls, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Mr. Jensen Roll Call Vote: 5 Ayes 0 Nays Mr. Versace brought up some thoughts for the Board to consider and come back with some action at the next Board meeting. He wished the Board vo uld consider getting back on the project of 159 1,5 the Zoning Ordinance which has been in limbo for quite a while now. He felt there is a need for a Zoning Ordinance to replace the existing Town Ordinance. His recommendation for consideration by the Board w) uld be that a committee be set up with the Chairman of the Planning Board chairing this meeting, three members of the community and three members of the business sector of the Town to review the latest proposed Zoning Ordinance that was left in limbo last year, and for this committee to make some type of recommendation to the Town Board, so that the Town Board can either adopt new zoning for the Town of Wappinger or completely put it to rest. He felt that there were only a few areas that were of major concern to the Board, and by having an independent imput from both sectors of the community he thinks they could make some sound recommendations. MR. CLAUSEN moved the meeting be adjourned, seconded by Mr. Jensen and unanimously carried. The meeting adjourned at 10:39 P.M. _ cru..- wc. Elaine H. Snowden Town Clerk Reg. Mtg. 3/14/77