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1976-12-13 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER DECEMBER 13, 1976 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES Reg. Monthly Meetings Sept. 27, 1976 - Oct. 12, 1976 Nov. 8, 1976 - Nov. 22, 1976 Special meetings Oct. 4, 1976 - Nov. 23, 1976 4. REPORTS OF OFFICERS Supervisor Town Justices Rec. of Taxes Bldg. Insp. Zng..Adm. 5. RESOLUTIONS Local Law #4 (Wappinger S. Imp. #1) Local Law #5 (Fleetwood Sewer Dist.) Deed & Maintenance Bond, Merritt - Moccasin View Rd. Deed & Maintenance Bond, Scofield - Brook Place 6. PETITIONS & COMMUNICATIONS a. Applications for Peddlers Licenses - Palmer & Lawrence b. Sheldon Kantor, Ardmore Dr. - need of a Sewer ejector pump c. Letter from Zoning Bd of Appeals re: request T/Bd. grant them power to review & issue Special Use Permits d. Letter from Planning Bd. re: request T/Bd grant them power of site plan approval & Special Use Permits e. Robert Cahill, Beacon Mayor, re: update of Engineering studies of the Fishkill Creek Drainage Basin f. M. Ryan re: expenditures of Anti -recession fund g. T. Logan attendance at Conference on Assessment Adm. Jan. 9-12-77 h. Gerald Kreisberg re: Inspection Fees for Primrose Hill Dev. i. Barbara Collins Dellava re: Voluntary Action Center Funds j. T/Justice Francese re: New Quarters of Justice Ct. k. E. Hawksley re: offer to provide assistance w/ implementation of Wetlands Act. 1. M. Ryan re: connection of Remote Readers (Water Meters) m. Memo from Planning Bd. re: Myers Corners & Rte9 improvements n. Michael Hlinka re: request for return of $80.00 cash bond for Road opening Permit o. Ralph J. Rosmilso requests Soil Mining Permit p. Elwood E. Wiggen re: Sewer Hook-up as Tenant of RFSD q. R. E. Lapar Reports: 1. Oakwood Knolls STP Size reduction of Primary Clarifiers 2. CWW Imp. Contract #4 - K & A final payment 3. CWW Imp. Contract #6 - Lombardi final payment 4. WS Imp.#1 Contract #2 re: Rebena seeding J. Schneider easement 5. Oakwood Knolls STP - Informal bids on Solonoid Valves & Timers 6. Wappinger Water (Sewer) Improvement #1 Contract #3 - K & A final retainage payment 7. COMMITTEE REPORTS Supervisor Diehl Report on Fleetwood W. Dist. - Answers to question of water problems 8. UNFINISHED BUSINESS a. Mr. Diehls letter to T/Fishkill re:Dutchess Pk. w/ R. Lapar Report b. James Spratt re: Maintenance of Traffic Lights c. Vacancy on Conservation Adv. Council • d. N.Y.S. Dept of Health letter of intent re: A-95 Project #14191 e. Zoning Board of Appeals recommendation for sign size 9. NEW BUSINESS 10. ADJOURNMENT 411 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on December 13, 1976 at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:19 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, Highway Superintendent Rudolph Lapar, Engineer to the Town The Minutes of the Regular Monthly Meetings of September 27, 1976, October 12, 1976, November 8, 1976 and November 22, 1976, and the Special Meetings of October 2, 1976 and November 23, 1976, having been previously sent to the Board members, were now placed before them for their approval. MR. CLAUSEN moved the September 27, October 12, November 8 and November 22, 1976 Regular Monthly Meetings and the Special Meetings of October 4 and November 23, 1976, as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Johnson. Motion Unanimously Carried Reports for the month of November were received from the Supervisor, Town Justices, Receiver of Taxesfor November and December, Building Inspector Inspector and Zoning Administrator. MR. CLAUSEN moved to accept the reports from Supervisor, Town Justices, Receiver of Taxes, Building Inspector and Zoning Administrator and place them on file. Seconded by Mr. Jensen. Motion Unanimously Carried 4 2 At this point, Supervisor Diehl interrupted the Agenda to entertain questions from the residents from Wildwood in attendance. Mr. Diehl, referring to a letter he had addressed to Mr. Landolfi, explained some of the figures presented in it. He then opened the meeting to questions from the floor. Mr. Landolfi asked what the $35,000 O&M costs consisted of and asked if there had been some new tests imposed on the Town since the system was purchased from Lafko, since these projected costs seemed excessively high. Brief explanations were given by Mr. Diehl. Mr. Mills stated he had no argument with the Benefit Assessment Charge, it was the O&M that had them hung up here. Mr. Diehl commented the costs of Camo Contract was one of the factors plus allowances for breakdowns - inflation of chemicals is another contributing factor. Mr. Landolfi questioned amounts listed for breakdowns, as he felt the plant had, in past years, operated very efficiently. Mr. Mills asked for a more complete breakdown of the Wildwood Sewer District expenses. There was further discussion of the expenses and charges, comparisons between what Lafko might have been able to charge had he continued to own and operate this plant, and evolved into theoretical discussion on what happens when Tri -Municipal becomes a reality, and other hypothetical situations. Discussion ended with a suggestion from Mr. Rifkin that some of the Town's retirees be contacted to build a Town operation. Mr. Diehl indicated any recommendations would be considered. SuperYisor Diehl recognized John Armstrong, County Legislator, who was seated in the audience and asked him if he had anything he wished to address to the Board. Mr. Armstrong indicated he had nothing, but would answer questions from the floor if there were any. There were none. 413 Mr. Diehl then declared a return to the normal items on the Agenda. Public Hearings having been held on 2 Local Laws amending Local Laws of 1975, on December 9, 1976, the matter was placed before the Board for their consideration. Mr. Diehl directed the Local Law on the O&M Rates for Wappinger Sewer Improvement #1 be tabled. MR. DIEHL moved to adopt Local Law #4 of the Year 1976 Amending Local Law #8 of the Year 1975, Establishing the Rates for the Fleetwood Sewer District. Seconded by Mr. Jensen. Roll Call Vote: Councilman Clausen Aye Councilman Jensen Aye Councilman Johnson Aye Councilman Versace Aye Supervisor Diehl Aye A Local Law Amending Local Law NO. 8 of 1975. BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Section 1 of Local Law #8 of 1975 is hereby repealed. Section 2. The following rates shall be charged for the Fleetwood Sewer District, effective January 1, 1977: $1.99 per 1,000 Gallons Section 3. This Local Law shall take effect upon adoption and as provided in the Municipal Home Rule Law. Two letters were received from Bernard Kessler, representing Leslie B. and Marilyn J. Merritt, Moccasin View Road, who have subdivided a portion of their property and have offered to dedicate portions of land to the Town for highway purposes. Forwarded were both Heed and Maintenance Bond for Town Board acceptance. William Horton, Highway Superintendent recommended accetpance of both Deed and Maintenance Bond (in the amount of $2,767.00). MR. CLAUSEN moved to accept the recommendation of the Highway Superintendent and accept the Deed and the Maintenance Bond for that portion of Moccasin View Road dedicated and offered by Leslie B. and Marilyn J. Merritt, subject to the approval of the Attorney to the Town. Seconded by Mr. Jensen. Motion Unanimously Carried A Maintenance Bond, in the amount of $6,083.60, and a Deed were received from Norman Scofield for Brook Place. Mr. Horton, Highway Superintendent indicated that Mr. Scofield had completed this road (Brook Place) and recommended acceptance. MR. CLAUSEN moved to accept the recommendation of the Highway Superintendent and accept the Deed and Maintenance Bond for Brook Place offered by Mr. Norman Scofield, subject to the review of the Attorney to the Town. Seconded by Mr. Versace Motion Unanimously Carried A letter was received from Peter P. Tavolacci, Attorney for Stanley P. Ford and Richard L. Rapp developers of Naro Subdivision, who offered a Deed for Joan Lane and Paulette Lane, two roads in this subdivision, and further requested a reduction of the Road Bond from $45,000 to the Maintenance Bond of $9,090. Mr. Horton recommended the Road Bond be reduced to a $9,000 Maintenance Bond, and further to acdept the Deed for the roads known as Joan Lane and Paulette Lane. MR. CLAUSEN moved to accept the recommendation of the Highway Superintendent and accept the Deed for Joan Lane and Paulette Lane, in the Naro Subdivision, and further approve the reduction of the Road Bond to a $9,000 Maintenance Bond, subject to the review by the Attorney to the Town. Seconded by Mr. Jensen. Motion Unanimously Carried 41 5 Mr. Diehl had recommended that the proceedure and policies for obtaining Building Permits be reaffirmed by the Board and the matter was placed before them for consideration. After brief discussion, it was directed to hold the subject matter temporarily. The following memo requesting transfers was received from the Comptroller: -. December 13, 1976 MEMO TO: Town Board Members FROM: RE: 500.00 850.00 171.00 2,000.00 785.00 175.00 248.08 45.78 25.00 Comptroller's Office Transfers Please make the following transfers to cover overexpended accounts. MID POINT PARK 100.00 300.00 1,000.00 1,000.00 FLEETWOOD 95.50 1,050.00 FROM Comptroller's Equipment. A1315.2 Tax Collection Equipment A1330.2 Elections Equipment A1450.2 Surety Bonds Contingency Contingency Contingency Publicity Contingency Administration Equip. Administration Contractual Sewage Collecting System Sewage.Treatment & Disposal SEWER A1910.431 A1990.4 A1990.4. A1990.4 A6410.4 B1990.4 SS8110.2 SS8110.4 SS8120.2 SS8130.2 Administration Contractual • SS8110.4 Debt Service Budget Notes Prin.SS9750.6 ROCKINGHAM SEWER 300.00 2,300.00 4,000.00 Administration Equip. Sewage Collecting System Sewage Collecting System WILDWOOD SEWER 200.00 340.00 2,000.00 FLEETWOOD 350.00 33.34 Administration Equip. Administration Contractual Debt Service BAN Principal • SS8110.2 SS8120.2 SS8120.4 SS8110.2 SS8110.4 SS9730.6 WATER Debt Service Prin. Bud. Notes SW9750.6 Administration Pe:rson.Per.Ser. SW8310.1 TO Comptroller's Contractual Tax Collection Contractual Elections Contractual Buildings Contractual Central Communications Central Data Processing Tax Collection Contractual Tax Collection Contractual Debt Service Int. Ser. Bds. Sewage Treatment & Disposal Sewage Treatment & Disposal Sewage Treatment & Disposal Sewage Treatment & Disposal Sewage - Sewage Treatment & Treatment & A1315.4 A1330.4 A1450.4 A1620.4 A1650.4 A1680.4 A1330.4. A1330.4 A9995.5 SS8130.4 SS8130.4 SS8130.4 SS8130.4 Disposal SS8130.4 Disposal SS8130.4 Administration Personal Ser.SS8110.1 Sewage Treatment & Disposal SS8130.4 Sewage Treatment & Disposal SS8130.4 Sewage Treatment & Disposal SS8130.4 Sewage Treatment & Disposal SS8130.4 Sewage Treatment & Disposal SS8130.4 Power & Pumping SW8320.4 Administration Contractual SW8310.4 TALL TREES WATER 32.51 Administration Equip. SW8310.2 500.00 Transmission & Distribution SW8340.2 416 Administration Personal Ser.SW8310.1 Power & Pumping SW8320.4 • In addition, due to increased•revenues over budget, please authorize the following line item increases. CENTRAL WAPPINGER WATER SW8320.4 - Power & Pumping $19,900.00 from 28,483.66 to 48,333.66 TALL TREES WATER SW8320.4 - Power & Pumping $2,500.00 from 4,400.00 to $6,900.00 FLEETWOOD WATER SW8320.4 - Power & Pumping $400.00 from 4,560.00 to $4,960.00 • Thank you, 4 MATTHEW W. RYAN COMPTROLLER MR. JOHNSON moved to authorize the Transfer of Funds for the overexpended accounts as listed and requested by the Comptroller, with the exception of the last 3 items (line item increases for Central Wappinger Water, Tall Trees Water and Fleetwood Water). Seconded by Mr. Clausen. Roll Call Vote: 5 Ayes 0 Nays Three applications for Peddlers & Hawkers Licenses were received. Mr. Thomas Palmer and Mr. Richard Lawrence requested licenses to go door to door for the purpose of buying antiques and miscellaneous used items. The third was from Kevin Kelly who wanted to sell Christmas Trees. (The first 2 applications had been cleared by the DutchesswCounty Sheriffs Office; Mr. Kelly's had not been returned from said office). Mr. Jensen questioned the applications. He didn't quite under- stand what they were getting into in this area. Mr. Diehl also had further questions and agreed with Mr. Jensen's hesitancy, some of these vendors pay no taxes but take away business from those established businesses that help support the community, it doesn't seem right. 417 Mr. Versace offered a motion to deny these peddlers licenses, since these applicants were not Town residents, but withdrew the motion after brief discussion on the subject. MR. JOHNSON moved to table the applications pending further clarification at a work shop session and obtaining further information from the applicants and clarification from the Attorney to the Town. Seconded by Mr. Clausen. Motion Unanimously Carried The following letter was received (which included a drawing of the house in question with relation to the main sewer line). 20, November, 1976 Mr. Diehl -Town Supervisor Members of the Town Board Dear Sirs: I would like to tie into the sewer system at 88 Ardmore Drive, Wappingers Falls. The problem I have, is that a sewer ejector (pump) is needed tomake this possible. Enclosed is a diagram of the existing sewer lines in the road. The 2" pipe under the road is pitched the wrong way and a pump is needed to push my sewage up the road to the main sewer line. Since my house is above the sewer line in the road I feel that the pump should be installed at the roadside, where it is needed, and the town should be responsible for its operation. In the event this is impossible, I will allow the pump to be installed in my house if the Town of Wappingers will pay all costs for the sewer ejector (pump), installation, electrical hookup, maintenance, and use of electricity. With the pump installed in my house, there is a possibility of a stoppage at the lowest point under the town road, with no way to clean it out, without tearing up the road. Yours truly, s/ Sheldon M. Kantor 88 Ardmore Dr. Wappingers Falls, N.Y. 418 Mr. Lapar elaborated, stating that Mr. Kantor's residence is on a side street which goes down to the area of the wet lands behind Mr. Ludewig's property. It's Mr. Kantor's contention that he and his neighbor should have a Town operated pump down at the bottom of that road to pump back up to Ardmore Drive. It is our contention that for those two houses, he could put in his own pump and pump up to the street rather than the Town maintain a pump. Mr. Jensen commented that in the approval of this district where a pump was required, the Town would provide it so the home owner wouldn't bear the cost of the pump, and Mr. Lapar interjected that Mr. Kantor didn't want that. He further commented that it was Mr. Kantor's fear that if you don't get down low enough and there isn't a positive heading, you could get air pockets at a low point and you could get a blockage. The pump, however, doesn't have to be located in his basement, it could be placed in a pump pit anywhere on his property and pump from there up, anywhere he would have a positive push upward. Mr. Jensen recommended the Board adhere to their policy of supplying a pump and the installation costs be that of the resident. MR. DIEHL moved that the Town Clerk notify Mr. Kantor that the present specification and policy of the Town will be adhered to, and Mr. Lapar will advise them on the installation. Seconded by Mr. Clausen Motion Unanimously Carried The following"letters were received: Memo TO: From: Date: Subject: Town of Wappinger Town Board Town of Wappinger Zoning Board of Appeals November 22nd, 1976 Special Use Permits The members of the Zoning Board of Appeals would like to take this opportunity to recommend that your Board consider granting us the power to review and issue Special Use Permits. Therefore, in lieu of the amended Zoning Ordinance being passed which would have granted this power, the Zoning Board of Appeals volunteers in the interim to handle Special Use Permits 419 in an effort to better balance the work loads of both our Board and the Planning Board. Further, it is the opinion of the Zoning Board of Appeals that we have the ability and the experience to review Special Use Permit applications as they are more related to the Zoning Ordinance. Thank you for your consideration of this request. Memo To: Town of Wappinger Town Board From: Town of Wappinger Planning Board Date: November 22nd, 1976 Subject: Enabling Legislation July 1976 - Section 274A of the Town Law. Per the opinion of the Bureau of Legal Services of the State Department, State of New York Planning Boards did not have the authority to approve site plans or issue Special Use Permits. Legal Services and several organizations requested the Legislature to enact Section 274 A which the Legislature did in July 1976. The present Town of Wappinger Zoning Ordinance grants site plan review to the Planning Board. Special Use Permits are recommended by the Planning Board and are issued by the Zoning Administrator. In the proposed amendment to the Zoning Ordinance, Special Use Permits power is granted to the Zoning Board of Appeals. It is the opinion of the Planning Board that the Town Board grant to the Planning Board the power of site plan approval and issuance of Special Use Permits to be consistent with Section 274 A, as the Planning Board should be more familiar with conditions, future impact, local consideration, etc. The Zoning Board of Appeals should remain a quasi board as intended by enabling legislation. By copy of this memorandum to the Attorney to the Town, the Planning Board requests Mr. Rappleyea to review the Statute as it might apply to the present Zoning Ordinance and make recommendations to the Town Board to clarify any possible legal implications which might be involved. The Planning Board would appreciate your comments prior to any definitive action. December 9, 1976 Town Board, Town Hall Mill Street Wappingers Falls, New York Re: Memo of Planning Board Dated November 22, 1976 Gentlemen: It would appear that the purpose of Section 274 A is to remove the uncertainty upon the question of the final authority to grant site plan approval. Under the present circumstances, the Planning Board's decision is advisory only to the Building Inspector and Zoning Enforcement Officer. It would appear that Section 274 A is intended to make the Planning Board decision absolute. This matter could be resolved in any new ordinance proposed or by separate legislation. Very truly yours, s/ Allan E. Rappleyea Mr. Jensen felt these requests should be discussed in a work- shop session. Mr. Johnson commented that in the (now defunct) proposed new ordinance, this power was to have been given to the Zoning Board of Appeals, and he believes the Board should understand where it's going and how it's going to work. MR. JOHNSON moved to table both communications to the next Town Board meeting. Seconded by Mr. Clausen Motion Unanimously Carried The following letter was received: November 18, 1976 Town of Wappinger Main Street Wappingers Falls, New York Gentlemen: The Officials and Citizens of Beacon, and, I believe, the people of Town of Wappingers are deeptly concerned about the continued and potential problem of contamination of our creeks, streams and rivers which comprise one of the most important natural resources of southwestern Dutchess County. In order to alleviate the undesirable consequences of pollution on our environment and economy, we are requesting the cooperation of all affected communities to arrange for complete competent updated engineering studies of the Fishkill Creek Drainage Basin. The bulk of the costs of the studies and consequent anti -pollution measures can be funded through current Federal and State programs. This can be accomplished rapidly by taking the necessary steps to qualify for a funding priority under the Federal Water Pollution Control Act of 1972 (PL. 92-500). The first step towards imp1ametting this positive and constructive program is the preparation of a complete Plan of Study. We ask your positive response towards retaining a C 421 qualified engineering firm to prepare this plan. Considering the urgency of the situation, it is imperative that action be initiated within 30 days. Consequently, we must receive your reply within this period. Very truly yours, s/ Robert L. Cahill, Mayor Mr. Jensen thought it should be received and placed on file since kie Wappinger went through a drainage study of its own last year which L was discontinued because it was felt even then we couldn't expend the dollars. Mr. Lapar believed the answer was obvious, with Tir-Municipal ; Mr. Versace and Mr. Jensen haven't had time to go over all the information in the study but that portion of the Fishkill Drainage Basin that is in Tri -Municipal will be studied by Tri -Municipal and therefore, that portion of the Town that is in the Fishkill Drainage Basin will be studied, and we wouldn't have to restudy it. MR. JENSEN moved to answer Mayor Cahill indicating that the por- tion of the Fishkill Creek Drainage Basin that is in the Town of Wappinger will be studied and evaluated by the Tri -Municipal Com- mission. Seconded by Mr. Johnson. Motion Unanimously Carried A memo was received from Mr. Ryan indicating that the Town is in receipt of a Federal Grant of $5,501.00 (anti -recession funds) and must spend it in a limited way. Attached was a copy of restrictions distributed by the Revenue Sharing Advisory Service. Mr. Johnson suggested that one place it might be used was in the Public Health and Safety - for watchman services - that might be an appropriate place. Mr. Diehl stated he would ask Mr. Ryan to report back to the Board at the next meeting, on the possibility of its use for night watchmen and other areas where it could be used. A request was received from Mr. Logan to attend the joint New York State Board of Equalization and Assessment and New York State Assessors Association Institute Conference on assessment administration at the Grossingers Hotel Jan. 9 to 12th, 1977. MR. VERSACE moved to grant Mr. Logan permission to attend the Conference Jan. 9 to 12th, 1977 and his legitimate expenses be a Town charge. Seconded by Mr. Jensen. Motion Unanimously Carried The following letter was received: November 24, 1976 Town of Wappinger Town Board Mill Street Wappingers Falls, NY Re: Inspection Fees, Primrose Hill Gentlemen: I am the owner of a subdivision known as Primrose Hill, located on Myers Corners Road and Ervin Drive. The subdivision has received approval from the Planning Board subject to the payment of the following fees: 1. Town of Wappinger Recreation - $4,900.00 2. Town of Wappinger Downstream Drng. Fee 9,800.00 3. Inspection fee for installtion of util. 8,777.25 I have no objection to paying these fees but due to the onset of winter, it is doubtful if we will be able to install any utili- ties until March. Therefore, I would like to be able to defer payment of the inspection fees until March 1st, 1977 and would also like the Board to consider payments of $1,000.00 per month commencing March 1st, 1977 until inspection fees are paid. This would mean that the inspection fees would be paid on a monthly basis while the project is being completed. Very truly yours, s/ Gerald Kreisberg Blooming Grove Associates A memo from Mr. Lapar indicating his office has no objection to this request, since similar arrangements have been rade in the past. MR. VERSACE moved that Blooming Grove Associates be allowed to defer payment of the inspection fees until March 1, 1977, and grant kbo permission to them to make installment payments of $1,000.00 per month, commencing March 1, 1977 until the inspection fees are paid. Seconded by Mr. Clausen. Motion Unanimously Carried Supervisor Diehl recognized Mr. Wiggen (who was on the Agenda - 6p) so that he may be heard due to the lengthy agenda. Mr. Wiggin's letter to the Board follows: 9 Edgehill Dr. Wappingers Falls, NY December 7, 1976 Town Board, Town of Wappingers Falls Mill Street Wappingers Falls, N.Y. Gentlemen: On October 26, 1976, we were given permission by the Town Board to connect our household sewage to the Edgehill Drive sewer main which connects to the Rockingham Farms Sewer District. Our request for immediate connection was necessitated by emergency hetth sanitation conditions which were facing our entire household, and we certainly appreciated the quick response given by the Town Board. As we were soon to find out, however, the Town Board had placed a series of contingencies on this action, brought to the surface when our designated contractor attempted to obtain the Road Opening Permit. The most shocking of these contingencies were: 1. Immediate payment of a $500.00 "Tap Fee"; and 2. Agreement to pay DOUBLE the normal annual sewer service charge (i.e., 2x$88, or $176 per year) as "Tenants" of this sewer district. 42.3 kipso The only other contingency of importance was an agreement to "become part of any ... Sewer District ...-formed in the future", without objections to same. While I believe the $500.00 "Tap Fee" to be an exorbitant penalty for not having had the specific requirement to connect to this Town Sewer District until this year, the DOUBLE sewer service charge appears to be the coup -de -grace by this town's elected officials. Both of these "special fees" have apparently been instituted and/or enforced only this year (1976), as indicated by several of the Town residents with whom I have discussed this policy. As an example, my investigations have indicated that only Wu and Wiggin have been subjected to these contingencies in the Rockingham Sewer District. This is not justifiable by any standards!! Very relevant to these "special fees" is the classification of tenant to the Rockingham Sewer District. This section of Edgehill Drive, from All Angels Hill Road to Magura, is surrounded by more recently -developed housing which is included in this Sewer District. 424 Having only been a resident of this community for eight (8) years, I can only surmise that some conflict between housing developers may have created this gap. At this point, however, there appears to be no recourse except to request that steps be taken by the Town Board to correct this situation. For, in reality, if the Tri -Municipal Sewer District is approved, Edge- hill Drive residents could well retain the. "tenant" classifica- tion forever, unless action is taken now. Finally, we request that the Town Board reconsider this newly - enforced policy of doubling the fees for any new sewer district "tenant" -- that is, 2 x $250.00 "Tap Fee" paid by a housing developer, and 2 x Annual Sewer Service Charge paid by all other Town residents using this service. In essence, we are requesting a refund of all or part of the $500.00 "Tap Fee", as well as a return to normalcy re the annual sewer service charge (i.e., single annual rate for "tenants", also) . Sincerely, s/ Elwood E. Wiggin Mr. Diehl commented that the $500.00 fee had been adopted by the Board, and a number of these fees were collected, probably in the neighborhood of 20, and double rates for tenants have been imposed in this and other districts. Mr. Wiggin, speaking in defense of his argement, stated he had been led to believe there was one contractor who had built some 17,18 homes that had only been required to pay the $250 tap fee, is this true, and have the rates changed since he put up his homes. Mr. Diehl answered yes, that it was a year or two ago that the tap fees were raised. Mr. Wiggin asked why he wasn't advised of the costs at the time he received his approval, and Mr. Diehl reminded him the resolution indicated that he would be sub- ject to all charges that are in effect. Mr. Jensen asked if Mr. Wiggin was now hooked into the sewer system, and had an affirma- tive answer; he asked when did Mr. Wiggin find out about these charges. Mr. Wiggin indicated it was the following day when his contractor came to the Town offices to obtain the applicable per- mits. Mr. Jensen then asked why he hadn't objected then, before hooking up, he also pointed out that the Board had recognized Mr. Wiggin's problem was of an emergency nature, and therefore, acted with dispatch to alleviate it, and if Mr. Wiggin felt the 425 costs were exhorbitant, he shouldn't have hooked up. Mr. Wiggin pointed out he had been issued a violation by the Dutchess County Department of Health, and no longer in a position to continue in the same stance he had no alternative. Mr. Wiggin continued briefly discussing various aspects of his problem in relation to neighbors who were also tenants to the district. Mr. Jensen concluded that these were the regulations now in effect, and doesn't believe the Board is in a position to waiver from them. Mr. Diehl concurred with Mr. Jensen, stating again these were now the regulations and wouldn't know how to justify taking them off the book, as the people in the districts are paying capital costs plus O&M, and it was felt those who became tenants should bear some of the districts' burdens, and this was the vehicle by which this could be accomplished. Mr. Wiggin asked for a resolution to relieve him of the imposed regulations. Mr. Diehl stated he was personally not in a position to change it, and asked if any of the Councilmen wished to offer a resolution rescinding the tap fee and double rates for tenants to any dis- tricts. There was none offered. The following letter was received: November 22, 1976 Mrs. Snowden, Town Clerk Town of Wappinger Mill Street Wappingers Falls, New York Dear Mrs. Snowden: I have been informed by Supervisor Diehl that the Wappinger Town.Board voted not to fund the Youthful Offender Community Service Project of the Voluntary Action Center. Therefore, I take this opportunity to request a hearing with the Board to appeal their decision. As I wrote in a letter to Mr. Diehl on July 14, 1976, approximately 20% of the Project participants are referred by Wappinger justices Franchese and Bulger. We feel that such usage warrants reciprocity in the form of funding. We would be willing to accept less than the $3,500 we requested if a figure can be agreed upon. At present, we face 1977 with no expected increases from any funding source and a proposed cut in Dutchess County funds of $3,000 (from $8,000 in 1976 to $5,000 in 1977). It appears that, unless Wappinger agrees to contribute funds, our program will suffer a budget decrease in 1977, with a reduction of service. We hope this can yet be prevented. I look forward to hearing from you as soon as possible regarding a meeting between the Voluntary Action Center and the Wappinger Town Board. Thank you for your consideration in this matter. Sincerely, E/ Barbara Collins Dellava Executive Director Mr. Jensen commented that the Board had, last year, met with representatives of this group, and at that time the Board had told them the Town was not interested in participating in this area. The Board's feelings have not changed. Mr. Clausen con- curred with Mr. Jensen, and felt a letter should be directed to the organization reiterating the intent of the Town Board as per the last conversation has not changed, and the Town does not forsee becoming participants in this program. MR. JENSEN moved that a letter be directed to Barbara Collins Dellava, Executive Director, indicating that the intent of the Town of Wappinger has not changed, and do not forsee partici- pating in any funding of the Youthful Offender Community Project of the -Voluntary Action Center this following year. Seconded by Mr. Clausen. Motion Unanimously Carried A letter was received from Judge Francese regarding a number of small problems with the new Justice Court quarters. MR. VERSACE moved to receive Judge Francese's letter of Dec. 2, 1976 and Supervisor Diehl's response of Dec. 7, 1976 and place them on file. Seconded by Mr. Clausen Motion Unanimously Carried 4 7 A letter was received from Edward Hawksley, Chairman of the Conversation Advisory Council, reminding the Town Board that the implementation of the Freshwater Wetlands Act becomes effective in 1977, and offering the Council's assistance in adopting these provisions. MR. CLAUSEN moved to receive the Council's letter and place it on file, and further consider a work shop session with the Con- servation Advisory Council to discuss what direction the Town Board is going to take on this Wetlands Act, and communicate this to the Council. Seconded by Mr. Johnson Motion Unanimously Carried A memo was received from Mr. Ryan, Comptroller regarding con- nection of remote water meter readers. Mr. Johnson noted that the last paragraph of the memo indicated that Mr. Rayn was prepared to discuss this matter with the Water and Sewer Committee at their convenience and he believes it would be better to get a recommendation from this Committee after their discussion with Mr. Ryan. MR. JOHNSON moved to refer Mr. Ryan's memo to the Water and Sewer Committee for a meeting with Mr. Ryan. Seconded by Mr. Clausen Motion Unanimously Carried The following letter was received: memo To: Town of Wappinger Town Board From: Town of Wappinger Planning Board Date: December 6th, 1976 Subject: Myers Corners Road & Route 9 - Road Improvements The Planning Board would like to take this opportunity to suggest that your Board contact the Dutchess County Department of Public Works and the New York State Department of Transporta- tion concerning improvements to the above-mentioned area. Specifically, the Planning Board would recommend that the pole by the Paino property on Myers Corners Road be moved back approximately 300 feet. Further as there is a problem with the grade of the road particularly during times of school bus traffic, it is suggested that the west bound land of Myers Corners Road be extended. In view of the fact that the Kent Sussex site is not being developed and it appears that these improvements will not be accomplished during the site work of this project, the Planning Board would suggest that your Board approach the Dutchess County Department of Public Works and the New York State Department of Transportation about making these improvements. Thank you for your consideration. MR. VERSACE moved to refer this to Mr. Horton, for his review and recommendation and table the matter to the next months meeting. Seconded by Mr. Clausen. The following request was received: December 6, 1976 Re: Lot #3 Kent Ridge Gentlemen: Motion Unanimously Carried Town of Wappingers Town Board Mill Street Wappingers Falls, New York This letter is written to you as a request for the return of a $80.00 Cash Bond that was posted with the Town of Wappingers Highway Dept., for the installation of a Water and Sewage Line at the above stated address. The installation was completed on December 2, 1976, which is over the required one year that the bond was to be held or posted for. Should there be any questions regarding this request, please feel free to contact me. Very truly yours, s/ Michael J. Klinka Mr. Horton, Highway Superintendent recommended the refund be approved,,as the year was up and everything was completed satisfactorily. MR. CLAUSEN moved that the $80.00 Cash Bond posted by Michael J. Klinka be returned upon the recommendation of Mr. Horton, Highway Superintendent. Seconded by Mr. Jensen Motion Unanimously Carried The following letters were received: Dec. 6, 1976 To the Town Board Town of Wappinger Dear Sirs: 429 I am requesting a soil mining permit. The area in question is in my back yard. The soil will be taken away by Mr. Tarquimi free of charge. The area aill be graded to correspond with my neighbor's property and will be seeded. The reason I never asked for a permit before is Mr. Ninnie of Central Construction of Beacon said everything was taken care of. I inquired about it and they told me they had no record of it. Please contact me as for further instructions. Yours truly, s/ Ralph J. Rosmilso Town Board Gentlemen: Re: Rosmilso Request for a Soil Mining Permit I would like to take this opportunity to advise you that this situation is in court presently. Please take this into consideration in reviewing this request. Yours truly s/ Sylvia Anderson Zoning Administrator MR. JOHNSON moved to table Mr. Rosmilso's request for a Emil mining permit until the results of the court action are known. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Hawksley, being recognized by the Chair, brought to the Town Board's attention, that the State of New York Mined Land Reclam- ation Act is in effect, and if certain amounts of sand and gravel is removed from a certain location they have to also have a mining permit by the State. 43O The following report was received: November 22, 1976 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Oakwood Knolls S.T.P. Size Reduction of Primary Clarifiers Dear Board Members: As per your request, this office has investigated the cost of reducing the size of the existing Primary Clarifiers and subsequently reducing the detention time of the sewage within said tanks. This would help reduce the odors generated by the sewage in periods of low flow as is the case at present. The estimated cost of converting one (1) rectangular primary clarifier to two (2) primaries is estimated to be approximately $22,000. This includes making two compartments, adding new collectors, weirs, skimmers, sludge return piping, altering the bottom of the tank for sludge collection. If there are any further questions regarding the above, please contact me. Very truly ;yours, s/ Rudolph E. Lapar Mr. Lapar stated that•he couldn't, in all good conscience recommend this. MR. VERSACE moved to receive Mr. Lapar's report on the Oakwood Knolls STP - size reduction of Primary Clarifiers and place it on file as the expenditure of this money would not solve the problem. Seconded by Mr. Clausen. The following letter was received: Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Motion Unanimously Carried November 22, 1976 Re: Central Wappinger Water Imp. Contract #4 *to 131 Dear Board Members: Enclosed please find a voucher from K&A Excavating Contrac- tors, Inc. for final payment on the above contract. We see no reason why this voucher should not be paid. Very truly yours, s/ Rudolph E. Lapar, P.E. MR. CLAUSEN moved to authorize the final payment to K&A Exca- vating Contractors Inc. for Central Wappinger Water Improvement Contract #4. Seconded by Mr. Jensen Motion Unanimously Carried November 22, 1976 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Central Wappinger Water Improvement Contract #6 Dear Board Members: Enclosed please find a voucher from Lombardi & Son, Inc. for final payment on the above contract. We see no reason why this voucher should not be paid. Very truly yours, s/ Rudolph E. Lapar MR. CLAUSEN moved to authorize the final payment to Lombardi & Son, Inc. for Central Wappinger Water Improvement Contract #6. 411110 Seconded by Mr. Jensen The following letters were received: Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Motion Unanimously Carried November 30, 1976 Re: Wappinger Sewer Improvement Contract #2 Mr. John Schneider Gentlemen: Enclosed please find a letter from Rebena Construction Company, Inc. We would appreciate your directing it to the Attorney to the Town for comment. November 17, 1976 Rudolph E. Lapar 90 East Main Street Wappingers Falls, N.Y. RE: Wappingers Sewer Improvements Contract #2 Mr. John Schneider Dear Mr. Lapar, Upon careful review of the project, we believe we are to seed the sanitary sewer Sincerely yours, Very truly yours, s/ Rudolph E. Lapar specifications for the above stated not required, under our contract, easement. Rebena Construction Co., Inc. s/ Raymond J. Costantino, Pres. Mr. Lapar explained that the reason for this was that during the course of some of the easement acquisitions through either the fault of the Attorney and/or his office, they sometimes didn't seem to get together and some things were agreed to by the attorney that his office didn't know about. In this case Mr. Schneider contends these things were agreed upon when the easements were obtained. MR. CLAUSEN moved, upon Mr. Lapar's recommendation, this matter be referred to the Attorney to the Town. Seconded by Mr. Jensen. Motion Unanimously Carried The following report was received: December 2, 1976 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Oakwood Knolls STP Informal Bids on Solonoid Valves & Timers Dear Board Members: On November 10th, this office solicited informal bids to seven (7) firms on the above referenced project. As of this writing, the following bids have been received. (attached) Camo Pollution Control, Inc. Mid -Hudson Electric, Inc. $2,075.92 2,450.00 We find the bids in order and recommend Camo Pollution Control, Inc. to perform the above work. If there are any questions, please contact me. Very truly yours, s/ Rudolph E. Lapar MR. JENSEN moved to award the bid to the low bidder, Camo Pollution Control Inc., as per the recommendation of Mr. Lapar. Seconded by Mr. Versace. Motion Unanimously Carried The following report was received: December 7, 1976 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Wappinger Sewer Improvement #1 Contract #3 Dear Board Members: 433 Enclosed please find a voucher from K&A Excavating Contaactors, Inc. far the final retainage on the above contract. The one year guaran- tee period has been passed successfully and the voucher should be honored. Very truly yours, s/ Rudolph E. Lapar MR. CLAUSEN moved to authorize the payment of the final retainage to K&A Excavating Contractors Inc., for Wappinger Sewer Improvement Contract #3. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Clausen stated that the Town Board had placed in the 1977 Budget $4,000 for Codification of the Town Laws and Ordinances. The company that the Board had contacted was General Code Pub- lishers, Inc. MR. CLAUSEN moved that the Supervisor and/or the Comptroller be authorized to negotiate the contract between General Code Pub- lishers Inc. and the Town for the sum of $4,000.00 in the 1977 Proposed Budget with the balance payable in the 1978 Budget, and thet General Code Publishers Inc. be so notified that they could begin whatever work is necessary when the contract is negotiated. Seconded by Mr. Johnson Motion Unanimously Carried The following letter was received: 43 Pye Lane Wappingers Falls, NY Dec. 9, 1976 Town Board Town of Wappingers Falls, NY Mill Street Wappingers Falls, New York Dear Sirs: We respectfully request to hook up to the sewage system located in the Pye Lane, Wappingers Falls area. We are planning to open a nursery school, and we feel that instead of expanding our present septic system, it would be more beneficial to hook up to the sewage system. Hoping to hear from you with good news. Sincerely, s/ Denise Efantes MR. VERSACE moved that the Comptroller so notify Mrs. Efantes of what the rules, regulations and fees are for hooking in the Rock- 4 3 -544 ingham Farms Sewer District as a tenant, so that she will be well aware of what the charges are going to be, and if she still so desires to become a tenant to the district, she readdress the Town Board stating this fact and that she understands. Seconded by Mr. Clausen. Motion Unanimously Carried The following memo was received: December 7, 1976 Memo To: Town Board Members From: Louis D. Diehl, Supervisor Re: Problems with Fleetwood Water A letter was sent to the Residents of the Fleetwood Water District asking them to choose three (3) avenues of pursuit to correct the present problems with the water. We received fort$T-nine (49) replies. Twenty-nine (29) were for number three (to establish a cost of a filter system at the well site and pumping station to eliminate sulphor odor and/or foreign materials from system and what guarantee this filter system will provide). The other Twenty (20) write that they would prefer the water to be left alone. Very truly yours, s/ Louis D. Diehl Supervisor Mr. Diehl elaborated somewhat, and added he didn't see a reading of at least 51% for a clear directive to go one way or the other, perhaps waiting another month would bring in more responses. Mr. Diehl directed that his memo be received and placed on file. Mr. Clausen suggested either the Supervisor or Comptroller write to these who had responded thanking them and explain not enough replies had been received to make a determination as yet. Mr. Diehl said a billing was due to go out around the 1st of the year and these letters could be enclosed then. Mr. Johnson on Committee Reports, reported there had been some conversation and work done on potential police protection. He had gone to the State Police Barracks in Fishkill and inquired 436 about what their contract fees and what not would be to provide extra State Police protection, and was informed by the Zone Sargeant that they have a new program in which they have satelite stations that are placed in various Towns. All that is required, if a Town qualifies is that the Town would have to provide space. MR. JOHNSON moved that the Town Clerk direct a letter to Major Leary -Commander of Troop K - Poughkeepsie, and request a Satelite Station in Wappinger. Seconded by Mr. Clausen . Motion Unanimously Carried Mr. Versace reported that a Tri -Municipal meeting will be held December 16, 1976, at which time the Commission will meet with the Engineers concerning their proposal for the facility study requested by EPA. The cost to the Town will be $30,000.00. The EPA will pay 75%, the State will pay $62,500 and the communities involved with Tri -Municipal will share the cost of $§2,500 of which Wappinger pays 48%. If and when this study is undertaken, the Town at that time can apply for 75% of the preliminary engin- eering costs when this project goes into final design in engin- eering, they can apply to the State for 121/2% return. He Eeviewed what this study would entail. MR. VERSACE said he would moved that prior to any more engineer- ing studies being done, above the facility study, that our Town Board sit down and review the cost to the hommowner, both benefit unit and operation and maintenance charge. This is if the Town is to go with the original preliminary study, if the facility study is the way to go after the decision by EPA and the Committee then he believes the Town Board would have to investigate how the benefit charge and the O&M is to be charged, since there would be more than one plant and there would not be a continuous line to follow. We would have to check withnAudit & Control to deter- mine the charges could be made. Once this information is gathered, 437 then he believes an informational meeting should be held with the ptahlic. It would behoove the Town Board to have an informational meeting, and bring the residents of the Town exactly what the cost is going to -be, no matter which way this project is going to go, and should be done prior to giving ourselves any commitment of the final design of engineering on this project. MR. VERSACE moved that prior to any further commitment, other than the facilities study, that we as a Town Board, should sit down and find out what the costs are, and have this informational meeting. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Jensen observed that a date couldn't be set at this time, but once we have gone through this evaluation work, which will be several months hence, at that time we will have better data. Under Unfinished Business, communications between the Supervisor of Wappinger and Fishkill, concerning the Dutchess Park Sewer District were reviewed. Mr. Diehl indicated a report was received from Mr. Lapar, but no legal interpretations as yet. MR. DIEHL moved all communications be referred to Mr. Rappleyea for his opinions. Seconded by Mr. Jensen. Motion Unanimously Carried The following letter was received in answer to the Town Board's request that the County take over the maintenance of the Town's traffic lights. November 30, 1976 Mrs. Elaine Snowden, Town Clerk Town of Wappinger, Mill Street Wappingers Falls, New York Dear Mrs. Snowden: In regard to your letter of November 2, 1976, I must inform you 4.3 that the County Road Fund does not have money allotted for the maintenance of traffic lights. The two intersections with traffic light control were erected under our permit procedure to the Town of Wappinger. The permit issued included maintenance by the Town. At this time, with the very limited funds budgeted to this depart- ment, I cannot see any possibility of the County picking up this expense as a budget item. Very truly yours, s/ James Spratt, Commissioner MR. VERSACE moved to receive and place on file the response from Mr. Spratt, with a copy of both the request and reply to John Armstrong, County Legislator. Seconded by Mr. Clausen Motion Unanimously Carried A vacancy still remaining on the Town of Wappinger Conservation Advisory Council, the matter was placed before the Board for their consideration. MR. JOHNSON moved that Mrs. Menger be appointed to fill the unexpired term of Charles Cortellino expiring June 1977. Seconded by Mr. Clausen Motion Unanimously Carried The following letter was received: December 2, 1976 Town of Wappinger Town Board, Mill Street Wappingers Falls, N.Y. Re: Letter of Intent A-95 Project #14191, (T) Wappinger, Dutchess Co. Gentlemen: The New York State Planning & Development Clearinghouse has recently notified us that you have requested federal aid for a public water supply improvement. We are pleased to endorse your proposal. C Final plans and specifications were approved on December 18, 1975. Very truly yours, s/ Ronald Tramontano, P.E. Sr. Sanitary Engineer MR. JOHNSON moved to receive and place it on file. Seconded by Mr. Clausen. Motion Unanimously Carried Therrecommendation of the Zoning Board of Appeals regarding sign size was again placed before the Board for consideration. Mr. Johnson recommended that this matter be taken up, along with the Planning Board and Zoning Board other requests, at a work- shop session, so the Board can get a good direction on how to implement the change. Recommendation taken. Mr. Johnson observed that the Board had previous discussion on eliminating the second regularly scheduled meeting for December. MR. CLAUSEN moved todirect a letter to Mr. Rappleyea asking whether the Town, under lits present system of operation, needs to conduct or warrants an end of the year, or annual meeting. Seconded by Mr. Versace. Motion Unanimously Carried MR. CLAUSEN moved to cancel the regularly scheduled meeting of December 27, 1976. Seconded by Mr. Johnson Motion Unanimously Carried MR. CLAUSEN moved to set the Reorganizational Meeting for January 3, 1977, at 5:00 P.M. at the Town Hall. Seconded by Mr. Versace Motion Unanimously Carried MR. JOHNSON moved the meeting be adjourned, seconded by Mr. Clausen and unanimously carried. The meeting adjourned at 10:46 P.M. 6uJAAJAaAnA-c, Elaine H. Snowden Town Clerk Reg. Mtg. 12/13/76