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1977-01-24 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JANUARY 24, 1977 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. RESOLUTIONS 1. Local Law repealing the exemption on Real Property ii 2. Authorize M. Ryan to Establish Budget Line Item - "Watchmen" Accn't 3. Vacancy on Zoning Bd. of Appeals - as of Feb. 1st starts 5 Yr. Term is 4. PETITIONS & COMMUNICATIONS • I a. Anthony Cinelli re: St. Light by house, Myers Corners Rd. b. E. Hawksley re: conferring Board status to Cons. Adv. Council c. E. Hawksley re: Erosion Control summer project d. R. E. Lapar re: Equipment value - Mid Point & Orchard Homes W. Systems 5. COMMITTEE REPORTS 6. UNFINISHED BUSINESS A. Judge Bulger re: Attorney to Town Prosecuting dog case B. Zoning Bd. & Planning Bd. re: Authority to approve Site Plans & Special Use Permits C. Meter Readout Connections 7. NEW BUSINESS 8. ADJOURNMENT 38 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on January 24, 1977 at 8:00 'P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:14 P.M. Present: Louis Diehl, Supervisor Louis Clausan, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town A Local Law Repealing the Exemption on Real Property Provided by Section 485-b of the Real Property Tax Law, having been placed before the Town Board at their January 10, 1977 meeting, and subsequently tabled, was placed before them again for their con- sideration. Mr. Diehl's opening comment was that it was his understanding that the Board had until March to act on this Local Law. He himself was not in favor of taking any action on it as yet. Mr. Versace asked if it would be advisable for the Board to hold an informational meeting concerning this specific subject and get some imput from the public. He himself doesn't know either in what direction he would go on it if it was brought up tonight. Mr. Johnson favored leaving it alone, he didn't believe he would vote for the Local Law. Mr. Clausen commented on the fact that the Board had received a letter from Dan Hannigan, County Legisla- tor, who had asked that before the Board made any decision, he would like to meet with them. He hasn't been contacted as yet, and possibly that could be done either in conjunction with an informational hearing or public hearing, or answer him in some way. Mr. Clausen wasn't sure dither in his own mind which way he would go. Mr. Versace commented that probably a Public Hearing could kill two birds with one stone. The following Resolution was offered by COUNCILMAN VERSACE who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held Jan. 24, 1977, a proposed Local Law entitled "A Local Law Repealing the Exemption on Real Property Provided by Section 485-b of the Real Property Tax Law", 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 14th day of February, 1977, at 7:30 P.M. on such day, at the Town Hall, Mill Street, 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 the 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. Clausen Roll Call Vote: Councilman Clausen .aye Councilman Jensen Aye Councilman Johnson Aye Councilman Versace. Aye Supervisor Diehl Aye The following memo was received: Town Board Members Town of Wappinger Town Hall, Mill Street Wappingers Falls, New York Gentlemen: January 12, 1977 As you are aware the Board deleted the funds for the "Watchmen" from the budget as adopted with the intent to pay for them from Federal Revenue Sharing. In order to accomplish this please authorize us to set up the following budgetary line items: CF 3120.1 CF 3120.4 Personal Services Thank you, $10,220.00 2,000.00 $12,220.00 s/ Matthew W. Ryan Comptroller Town of Wappinger The following Resolution was offered by COUNCILMAN JENSEN, who moved its adoption: RESOLVED, that the Comptroller be and he hereby is authorized and directed to transfer from Federal Revenue the sum of $12,220.00 and establish with it the budgetary line item of CF3120.1 Personal Services - $10,220.00 and CF3120.4 Contractual -$2,000.00 for the purpose of providing funds for the "Watchmen". Seconded by Mr. Diehl. Roll Call Vote: 5 Ayes 0 Nays As a vacancy exists on the Zoning Board of Appeals, by virtue of the expiration of the term of office as of February 1st, and prior resignation of Victor Fanuele who had held the position and resignated, the matter was placed before the Board for their consideration. MR. JOHNSON moved that Don McMillen be appointed to the Zoning Board of Appeals. Seconded by Mr. Jensen Roll Call Vote: Councilman Clausen Nay Councilman Jensen Aye Councilman Johnson Aye Councilman Versace Nay Supervisor Diehl Abstain Motion Defeated Mr. Diehl, prior to the vote indicated that he was not prepared to vote on filling the vacancy this evening, as several other people had also shown an interest in the appointment. Mr. Clausen echoed Mr. Diehl's statement and suggested tabling the matter, but 411. the motion stood as moved and seconded and accordingly voted upon. Mr. Diehl at this point, stated that he was going to ask the Miscellaneous Committee, Messrs. Clausen and Johnson, to look into the possibility of Personal Days off for Town Employees, to establish some policy in this area. Mr. Johnson suggested that perhaps a review of the entire package of benefits, (i.e. vaca- tion, sick days, sick leave etc.). Mr. Diehl agreed that would be a better approach. The following letter was received: Jan. 2, 1977 Dear Sup. L. Diehl and Board Members, I am writing this letter at this time to inquire about a street light in front of my home, at 100 Myers Corners Road. There is a pole there and this section of Rd, had a few accidents at night. It's pretty dark and there are lights at certain point, I would like to know just how I would if I would be in a light dist. or if the town puts a light and I pay so much each year for this service. I am very greatful if I can recieve a light and what procedure I can take to get a light there. I thank you very much for this service. I Remain s/ Anthony Cinelli, Jr. 100 Myers Corn. Rd. 297-2751 Mr. Clausen declared that the Town had no authority to install Street Lighting at any place other than at an intersection of a County or State Road intersecting a Town road except in lighting district, therefore, the Town has no choice but to deny Mr. Cinelli's request. Mr. Diehl instructed the Town Clerk to so inform Mr. Cinelli. The following letter was received: 5 January 1977 Town Board, Town of Wappinger c/o Town Clerk Mill Street Wappingers Falls, N.Y. Gentlemen, At the October Town Board meeting, the resolution to confer board status upon the Conservation Advisory Council was tabled in favor of an alternative action. Because the reason for tabling the resolution has since been shown to be invalid, the Council, at its December meeting, has directed me to request that said resolution be reintroduced for consideration. Sincerely, s/ Edward S. Hawksley, Chrm. T/W Conservation Advisory Council Mr. Diehl commented that he could only take the position he had taken in the past, he sees no difference, as Mr. Hawksley had explained to him that the Council had only wanted to be advisory, therefore, he sees no reason to change their status to a Board. Mr. Jensen concurred with Mr. Diehl, and thinks the Town Board collectively agreed that as an Advisory Council they can still function without having Board status. If, possi- bly it would take a letter to the Council that the Town Board is getting a little tired of getting a letter every month asking for Board status, and a letter stating the Town Board doesn't feel they should have this status is in order. MR. JENSEN moved that the Town Clerk send a letter to Mr. Hawksley advising the Conservation Advisory Council that the Town Board does not feel they should have Board status and should remain a council. Seconded by Mr. Johnson Motion Unanimously Carried The following letter was received: 17 January 1977 Town Board, Town of Wappinger c/o Town Clerk Mill Street Wappingers Falls, N.Y. Gentlemen, During the summer of 1977 the Conservation Advisory Council is proposing that an erosion control project be conducted at the Town's recreation Area on Robinson Lane. The portion of this land which adjoins Sprout Creek is subject to serious erosion during periods of high water. The project will be designed with the help of the Soil Conservation Service and Cooperative Extension, and be implemented by the Youth Conservation Corps. At this time the only anticipated expense to the Town of Wappinger would be in the form of in-kind service during implementation. Your tentative approval, pending final design, is hereby requested before further action is taken. 5 incere ly, s/ Edward S. Hawksley, Chrm. T/W. Conservation Adv. Council Mr. Johnson questioned whether this was the area where from time to time the Highway Department had removed gravel, and also where the Recreation Commission had considered some kind of swimming facility at that point. If this is the area in question, he would recommend that this letter be referred to the Recreation Commission to see 5n°at how it fits in their plans. Mr. Jensen commented that several years ago this spot was talked about for a possible swim area and gravel was re- moved several years ago. Maybe that's what they are seeing as erosion. Also, an extensive report by the Army Corp of Engin- eers on all the streams and flood plains in the whole area has just been received in which flood plan areas are given. He, therefore, would go along with Mr. Johnson that this request should be referred to the Recreation Commission to see what their intentions are regarding this piece of land before the Town Board gives any authority to anybody. Mr. Diehl also questioned the phrase expense in-kind, what were the dollar figures? MR. JOHNSON moved that Mr. Hawksley's request be sent to the Recreation Commission for comment and that Mr. Hawksley be directed to the Corp of Army Engineer's report and the report filed by the Dutchess County Department of Planning on streams for his perusal. Seconded by Mr. Jensen Motion Unanimously Carried The following report was received: Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Dear Board Members: January 14, 1977 Equipment Value Mid -Point & Orchard Homes Water Systems As per your recent request, this office has investigated the value of the existing equipment at the above referenced facility. Please be advised that unless one would have a similar and/or specific application, theequipment has no value. A recommendation would be to advertise the equipment for sale, giving specific characteristics of said and hope some- one would have a specific use for it. If there are any questions, please contact me. Very truly yours, s/ Rudolph E. Lapar, P.E. MR. DIEHL moved that Mr. Lapar's recommendation for advertising the equipment be taken, and Mr. Lapar be given the authority to write the descriptions and use his judgment as to advertising in various Trade Journals, and further, place a legal advertise- ment in the W&SD News. Seconded by Mr. Johnson Motion Unanimously Carried The following report was received: January 21, 1977 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Wappinger Sewer Imp. #1 Contract #2 Central Wappinger Water Imp. Contract #1 Dear Board Members: Please be advised that the one year guarantee period on above two contracts have successfully passed and we see no reason why the contractor, Rebena Construction Co., Inc. retainages should not be released. Very truly yours, s/ Rudolph Lapar. MR. CLAUSEN moved , upon Mr. Lapar's recommendation, to release the retainages to the contractor Rebena Construction Co. for Wappinger Sewer Improvement #1 - Contract #2 and Central Wappinger Water Improvement - Contract #3. Seconded by Mr. Johnson. Motion Unanimously Carried A memo had been written to Supervisor Diehl by Mr. Ryan regarding a ruling as to whether or not the Friday before Lincoln's Birth- day, which is normally a Town Holiday, should be celebrated since Lincoln's Birthday falls on a Saturday this year. Mr. Ryan suggested the Town Board make a ruling as to when or if this holiday will be celebrated. MR. DIEHL moved that Lincoln's Birthday not be considered a Town of Wappinger Holiday this year. Seconded by Mr. Clausen. Motion Unanimously Carried A letter was received from Hall & Co. regarding a bid proposal for various sewage treatment facilities (theirs was the solitary bid received.at the Dec. 10, 1976 bid opening). They were requesting status of the subject bid, as they would like to be able to order the chains and sprockets no later than Feb. 1, 1977. Mr. Johnson commented that he thought where the bid was so far out of line compared to the estimates they had requested Mr. Lapar to come back and review again and see about rebidding them. Where it might have come in line with what the estimates are you might 46 take that, but where it's completely out of line as to where the estimates are, and say talk to him. Mr. Versace asked Mr. Lapar if the Board had authorized him to resubmit these items for rebid. Mr. Lapar said he didn't remember but thought they had. MR. JOHNSON moved that Hall & Co. be so notified that the Town Board has asked the Engineer to the Town to rebid the previous bids on this work because #1, only one bidder, #k2, the costs seem to be out of line with the previous estimate. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Incoronato, being recognized by the Chair, asked to respond to the letter on the water problem in Fleetwood and the minimum of complaints received back in response to it. He hadn't be- lieved the questionaire to the residents in Fleetwood wasn't meaningful since it didn't give a 4th option, namely to leave the system as is; 29 responses out of 139 homes and 56 apt. units - he doesn't see this as any substantial percentage. He submits there is no consensus at this point to do anything with the water system now. Twenty-nine complaints is a minority of the homeowners, and hopes the Board would put the matter to rest. Mr. Clausen wished it were that easy. He believes that if the residents are paying the water and sewer bills, it's the obligation of the Town Districts to provide them with potable water as well as sewage facilities. He could lookrat it the other way around that 29 people complaining about their water in Fleetwood seems to be a large number that are paying for water and not receiving reasonable water. The Board hasn't moved simply because it seeks the best possible way of correcting the solution. He pointed out that the letter directed to Mr. Incoronato was hopefully intended to have him contact the resi- dents and report back as to their thought. Mr. Jensen concurred with Mr. Clausen. Mr. Incoronato believed some of the complaints were a matter of personal sensitivity since they all drink from the same water supply and all the residents shouldn't be burdened with added expense because of this. Mr. Clausen pointed out it was not a matter of sensitivity, it was because of the position- ing of some homes, sediment getting caught in lines, some resi- dents are getting more sulpher or discoloration than others at certain times. What he is saying is he would like every resi- dent down there to get the same quality of water. Mr. Incoronato suggested samplings be taken from each street. MR. CLAUSEN moved that the Town Clerk direct a letter to Camo Pollution Control Inc. and New & Used Water Service and with the help of Mr. Lapar, other water system facilities to estimate what it might cost the District either, one per resident in Fleet- wood to test their water and/or 50% of what they would ascertain to be the worst water problems in the District and take samples of those 29 residents who forwarded complaints to the Supervisor. Seconded by Mr. Jensen. Motion Unanimously Carried The following letter was received: January 21, 1977 Elaine Snowden, Town Clerk Town Board Members Town of Wappinger Dear Mrs. Snowden and Town Board Members: On behalf of the County Players, we request the use of the third floor of the Town Hall, Mill Street to store costumes during the in between periods not in use by the County Players. We understand the Town of Wappinger will not be responsible for damage or loss of costumes during this period. We would request permission to install temporary racks along one side of the main room and would also request permission to lock doors, making keys available to the Town and Officials and Officials of the County Players. Very truly yours, s/ Jacquelyn L. Wilds, Pres, Therese Knight 4$ P.S. This request would be for the use of the room for an indefinite period of time, and to terminate this agreement the Town of Wappinger should give the County Players a sixty (60) day notice to remove all costumes. Mr. Rappleyea informed the Board that, upon some research, he doesn't believe the Board can allow it. He added that he also understands that the building may not be feasible for any use, therefore, for double reasons suggested it not be permitted. MR. DIEHL moved that, on the recommendation of the Attorney advising against it concerning legal reasons, fire department regulations and insurance problems, it is unfortunate, but the Board cannot respond affirmatively to the request of the ;County Players for use of the 3rd floor of the Town Hall. Seconded by Mr. Clausen. Motion Unanimously Carried Under Committee Reports, Mr. Versace stated that four proposals for Sewer Improvement #3 from various Engineers had been received before Christmas. MR. VERSACE moved that these proposals be referred to Mr. Rappleyea for his research and to make recommendations concerning these proposals. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Diehl stated there was a question of the rooms over the Marine Midland Bank (recently vacated by Justice Court) that the Town was still paying rent for. It should be resolved as to whether the Town wishes to continue to occupy these rooms or to notify Marine Midland Bank that we will not continue on a rental basis. It should be determined one way or the other before having to pay another months rent. If the Board had any recommendations, or if anyone wished to reevaluate or recheck it could be discussed further and brought up at nnother meeting. Mr. Versace commented he understood the present interest to retain this space, would be for meeting rooms, not office space, which he would be against. This space shouldn't be retained for that amount of money for that purpose. If the Town intends to move some of the offices there, he could consider it. Mr. Johnson felt it should be looked at as to how best to use the space by shifting our Town personnel and if we can give more room and better working conditions to our people. Perhaps this should be referred to the Building Committee, he did concur with Mr. Versace that these rooms shouldn't be retained for meeting room space. Mr. Diehl directed.:the Building and House Committee, Messrs. Clausen and Jensen to make a last minute reevaluation of it, and report back to the Board. Mr. Versace stated that he would also like an estimated dollar figure if any work had to be done if the decision is made that some of the Town offices were to be moved. Mr. Hawksley asked the Board to take into consideration some office space for the Conservation Advisory Council. Mr. Diehl stated that memos had been received from Dorothy Hirsch and Sylvia Anderson, both of whom requested a carry-over of vacation time from 1976 that they had not used. Mrs. Anderson requested carrying over four days and Mrs. Hirsch requested seven days. Mr. Clausen commented that the matter had been dis- cussed briefly before the meeting, and would like to, within reason, grant their requests, but the Town Board over the years has denied other requests from other individuals who had inad- vertently carried over or not taken their vacation days and later came back to the Town for payment of them. Upon granting these it is forseeable that, as in the past, they may be able to come back and ask for payment for vacation days not taken, the precedence has been made and to avoid any embarrassment or legal problems he would move denial. MR. CLAUSEN moved that these requests be denied with regret. 50 Seconded by Mr. Versace Motion Unanimously Carried A memo was received from Mr. Diehl regarding communications from Judge Bulger in reference to the Attorney to the ,Town not prosecuting Dog Ordinance violations. Judge Bulger, toward the end of September last, had written to the Town Board asking them to assign the Attorney to the Town to the matter of a charge of Violation of the Town Dog Ordinance pending in his court. MR. JOHNSON moved to establish the policy that when a resident of the Town files a complaint against a dog owned by another resident of the Town that the individuals both prosecute and defend their own case before the Town Justice, however, when the complaint is issued by a dog warden of the Town , at that point in time, the Attorney to the Town would act as a prosecu- tor, to defend the action of our dog warden. Seconded by Mr. Diehl Motion Unanimously Carried Mr. Hirkala, being recognized by the Chair, commented that it would seem to him a situation could arise where an Ordinance of the Town is being violated and a dog warden isn't available, therefore, the citizen would have to prosecute at hi,; own cost even though the Town Ordinance is being violated. Mr. Clausen responded to Mr. Hirkala that there he would be assuming in that particular case that the ordinance had been violated. One of the things the Town Board is trying:to prevent is that one indi- vidual brings suit against another of which possibly there might not be a violation, go and have the Attorney, represent either one only bo find in the first instance that the ordinance was not violated. What he thought Mr. Johnson was trying to say was that in order to prevent a number of cases whereby one individual would try to complain against another, assuming they had the Attorney to the Town to defend them, and in that matter it would be who would come first. What we're saying is if our dog wardens, in their opinion, the Dog Ordinance has been violated, that we as a Town would ask our Attorney to defend it. Mr. Johnson concluded that by providing an attorney for owe Town resident against another Town resident, I think we are providing an undue burden on one side when that side may or may not be justified. In the case of an action by a Town employee that being the case, then we have an obligation to back up the employee of the Town. Mr. Diehl declared that the Town Board had to make a decision tonight in regard to insurance on the Town Buildings, personnel, Highway equipment etc. - complete coverage. Marshall & Sterling has notified the Town of the increase in cost in this regard. Mr. Clausen noted that if the Board acted expeditiously the lapse in coverage would not be enforced, there would still be coverage throughout. MR. CLAUSEN moved to continue with this two million dollar umbrella coverage with the Aetna so there is no lapse in coverage, and further that the balance of the amount as budgeted and the increase be transferred from Contingency A&B. Seconded by Mr. Jensen Motion Unanimously Carried The matter of the requests by the Planning Board and Zoning Board of Appeals for the Town Board to designate one or the other of these Boards the power to review and issue Special Use Permits and Site Plan Approval was again brought before the Board. Mr. Diehl directed this matter be held over to the next regularly scheduled meeting since no decision had been reached by the Board. The matter of water meter readouts was similarly referred to the next regularly scheduled meeting, as no decision had been reached on this matter either. The Annual Report submitted by the Conservation Advisory Council having been received and placed on file at the Jan. 10th meeting was placed before the Board for acceptance, at the re- quest of Mr. Hawksley. The Board did not see fit to act any further on the matter, indicating that they had not reviewed it and they had received it and placed on file. Mr. Hawksley took exception and insisted it be accepted, he did not feel this was an unreasonable request. Mr. Rappleyea upon being queried by the Board, stated that the action of the Board in receiving it was acceptable procedure in this case, it was perhaps a matter of terminology. Mr. Diehl directed it be rescheduled for the Agenda for Feb. 14, 1977. Mr. Clausen noted that a recommendation had been recently received from the Planning Board offering the name of Victor Fanuele for Chairman of their Board. MR. CLAUSEN moved that, upon the recommendation of the Planning Board, Victor Fanuele be appointed as the Chairman of the Town of Wappinger Planning Board for the year 1977. Seconded by Mr. Versace Roll Call Vote: Councilman Clausen. Aye Councilman Jensen Nay Councilman Johnson Nay Councilman Versace Aye Supervisor Diehl Aye Motion Carried Mr. Johnson, prior to the vote, commented that it seems like the Town Board has eliminated a 14 year veteran of the Planning Board as a member and its chairman and is now down to a three week rookie as its chairman. It seems to him somehow we're missing the boat in having a very inexperienced person take over the running of our Planning Board. He feels very strongly, 1.4 however Mr. Fanuele's personality is, whatever kind of a gentleman he is, a three week rookie, by virtue of lack of experience, is incapable of running the Planning Board. Mr. Incoronato commented it was time for a fresh set of eyes to look at subdivisions coming into the Town, and was welcome relief. Mr. Clausen concurred with him. Mr. Jensen's final comment was that it was somewhat incomprehensible for him, as there are people on that Board, namely Dr. Miller, and others, that obviously felt somewhat uneasy to step forward to take that job. He wonders why they were hesitant to step up. MR. CLAUSEN moved to adjourn the meeting, seconded by Mr. Versace and unanimously carried. The Meeting adjourned at 9:37 P.M. Reg. Mtg. 1/24/77 Elaine H. H. Snowden Town Clerk