Loading...
1977-10-17 RGMt t AGENDA TOWN BOARD TOWN OF WAPPINGER OCTOBER 17, 1977 L. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES Aug. 8, 1977 & Sept. 12, 1977 Regular 4. REPORTS OF OFFICERS Town Justices Building & Zoning Receiver of Taxes 5. RESOLUTIONS a. Rockingham Water Tank Landscaping b. Pointing Town Hall Exterior c. Serial Bond - Interest payment-C.W.W d. Comptroller request for transfers e. A. Crosby confirming Res. concering mailing of Tax Bills f. Snow Removal Contract with County Imp. loan from Capital Accnt. 6. PETITIONS & COMMUNICATIONS a. Karol Selely re: Speed limit on New Hackensack Rd. b. Petition for Speed limit on Spook Hill Rd. c. Douglas Rousseau re: drainage problem d. Gerard Pisanelli re: A. Cinelli drainage problem e. Planning Bd. re: Downstream drainage in vicinity of A. Cinelli & Ketcham High f. Planning Be. re: Adoption of SEQR Guidelines g. R. E. Lapar (J.Paggi) re: possible water leak on Spook Hill Rd. h. R. E. Lapar re: Scavanger sludge dumping at Oakwood S.T.Plant i. R. E. Lapar re: Middlebush Rd. Storm Drainage improvements j. Cheryl Snethen re: Election Inspector Replacements (D) k.. E. Hawksley re: appointment of vice-chairman Cons. Adv. Council. 1. James Spratt re: letter expressing appreciation of cooperation regarding Snow Removal m. Peter Anagnos re: Traffic Lights - Myers Corners and Old Hopewell n. Notice of possible Hearing by NYSDEC re: Cranberry Hills Water improvement Area o. S. Erichsen notice of addition of TV Station WMHT to CATV 7. COMMIrrht, REPORTS 8. UNFINISHED BUSINESS a. A. Rappleyeas Office re: possible exemption clause for Noise Ordinance b. A. Rappleyeas Office re: Peddlers & Hawkers Licenses c. Peddlers License applications - Foster & Yardumian d. Shapiro Salvage Yard License application with Memo from Jon H, Adams 9. NEW BUSINESS 10. ADJOURNMENT 481 The Regular Monthly Meeting of the Town Board of the Town of Wappinger was held on October 17, 1977 at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:03 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Absent: Nicholas Johnson, Councilman Others Present: William Horton, Superintendent of Highways Jon H. Adams, Attorney (representing Mr. Rappleyea's Office) Rudolph Lapar, Engineer to the Town The Minutes of the August 8, 1977 and September 12 Regular Monthly Meetings, having been previously sent to the Town Board members, were now placed before them for their approval. MR. CLAUSEN moved the Minutes of the August 8, 1977 and September 12, 1977 Regular Monthly Meetings, as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays Reports for the month of September were received from the Town Justices, Building Inspector and Zoning Administrator; and Receiver of Taxes for the months of August and September. MR. CLAUSEN moved the reports be accepted and placed on file. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays Mr. Diehl indicated there was a group present this evening who wished to speak on tennis courts, and in order to accomodate these people, Mr. Diehl opened the floor to Mr. Edward Lynch, 2 Partners 482 Road, the spokesman for the group. Mr. Lynch stated that he and the group present wished to encourage the building of two more Town courts at the Pye Lane Recreation Area. There is a lot of encouragement for young people to participate in a sport which would continue for quite a while, and the group present encourages the Board to spend funds for these courts. Mr. Russell Reinhart also spoke in favor of additional tennis courts as they are an attractive and visible use of the tax- payers' dollars. Mr. Clausen stated that this group present can rest assured that the money is in the budget for these courts and the Town Board is most likely to support it. Returning to the Agenda, the following letter was received: October 5, 1977 Elaine Snowden, Town Clerk Town of Wappinger Town Board Re: Rockingham Water Tank on Maxwell Place, area of town owned lands of district tank Mrs. Snowden and Gentlemen: The lands surrounding the tank have become over grown and unsightly. Enclosed is an informal bid from a local nursery in revitalizing the area to a reasonable and acceptable condition with the homes of the area. Additional funds will also be necessary to level area with top soil and seeding at the time of tree planting. I recommend funds be expended to expedite this work in the immediate future and the necessary transfer be moved. Very truly yours s/ Louis D. Diehl, Supervisor Town of Wappinger MR. JENSEN moved that the necessary funds be expended to land- scape the area around the Rockingham water tank on Maxwell Place per the communication from the Supervisor. Seconded by Mr. Clausen. Roll Call Vote: 4 Ayes 0 Nays 483 The following memo was received from the Supervisor: October 5, 1977 Elaine Snowden, Town Clerk Town of Wappinger Town Board Mrs. Snowden and Gentlemen: Enclosed is an informal bid from S. Merritt of S&J Con- struction Company for the painting of outside area of the Town Hall as stated. This company has just completed the repainting of Grinnell Library and approximately a year ago repainted Mesier Homestead in Mesier Park. In checking both locations and the concerned principals of same, I find personally the work of high quality and the Company itself highly recommended in both instances. Noting the condition of the exterior of the Town Hall and the availability of funds, I recommend approval of this bid to recondition the exterior of the Town Hall. Anti -Recession funds are available and this, as you know, was the purpose of the funds when received by the Town. Very truly yours, s/ Louis D. Diehl Supervisor MR. DIEHL moved that the painting of the outside of the Town Hall building be done this fall, weather permitting, as stated in his memo, and funds be transferred from the Anti -Recession Account for payment of said work. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays The following memo was received: October 7, 1977 Memo To: Town Board Members From: Matthew W. Ryan, Comptroller Re: Debt Service It has been determined that due to our selling our serial bonds in May an iterest payment was set as of 11/1/77. This office was not informed that this would occur as we prepared our 1977 budget. The payments are as follows: 484 CWW $70,683.88 S.I.#1 $70,818.26 Wildwood 9,044.12 General Fd. 10,750.40 Fortunately, three of the four areas have the ability to pay their own way. The only district that will encounter difficulty is the Central Wappinger Water District. The shortage is $58,000.00. This shortage can be over come by means of a loan from the Capital Fund of Sewer Improvement Area #1. $30,000.00 has been provided in the 1978 budget to begin repay- ment immediately in 1978. We have also provided for interest to be paid S.I.#1. This can be done without raising the benefit assessment of the district. s/ Matthew W. Ryan, Comptroller Mr. Versace questioned whether the funds that had been trans- ferred a few months ago (May) for the Wappinger Sewer Improvement and Central Wappinger Water from capital funds, and Mr. Ryan hasn't indicated whether or not these have been paid back, and if not, another transfer of, or borrowing of $58,000, would indebt the Central Wappinger Water District for a total of over a hundred thousand dollars. Mr. Diehl reiterated what Mr. Ryan had stated in his memo. Mr. Versace pressed for clarification on the repayment of these two transfers. Mr. Diehl then stated he would accept a memo to the Comptroller to advise the Board on it. MR. DIEHL moved that the transfer, as requested by the Comptroller be approved. Seconded by Mr. Clausen. Roll Call Vote: 3 Ayes Mr. Versace ---Nay Mr. Versace asked that the Town Clerk in a memo, request the Comptroller to inform the Town Board of the status of the two outstanding borrowings, from the respective capital accounts of the Central Wappinger Water and Wappinger Sewer Improvement #1 and what position will the Town be in as far as repayment of these and including this tranfer also. The following request for transfers was received: Memo To: From: Date: Subject: Town Board Members Matthew W. Ryan, Comptroller October 6, 1977 Transfers The following budget transfers are requested: From A1990.4 Contingency A1110.2 Justice Court -Eqpt A7110.1 Parks SS8120.4 Sew.Coll. Sys. Rockingham kb„, SW8310.2 Admin Eqp. CWW SW8310.2 " Tall Tr. SW8330.4 Purif.Cont. Fltw. SW8320.2 Source of Supply Power & pmpng. Okwd. SW1990.4 Purif. -Okwd. 1 SW1990.4 Conting-Okwd. Thank you, in advance, To Amt. A8510.4 Comm. Beautification $ 120.00 A1110.4 Just.Ct.-Contr. 591.00 A7020.1 Recr-Administration 700.00 SS8130.4 Sew. Trt. & Disp.- Ro21 i.nctham 6,000.00 SW8310.4 Admin.Contr. CWW 200.00 SW8310.4 " Tall Trees 68.00 SW8310.4 " " Fltwd. 25.00 SW8320.4 Source Supply Contr.Okwd 300.00 SW8330.1 Source Supply Contr. Okwd. 1,529.00 SW8330,1 Purif.Pers. Serv.Okwd 1,188.00 for your cooperation. P.S. In addition, Supervisor Diehl has notified me that and refurbishing estimate was given to him for the of the Town Hall. This is an ,eligible expense of Recession Funds" and the appropriate account number AR21620.4. Our current "ARF" balance is $6,169.32 Less Encumbrance 578.50 $5,590.82 a painting exterior "Anti - is Typewriter- T/C Off. Of this, $1,066.00 must be spent in October 1977, therefore, my recommendation is that it be spent on the Town Hall. Also, the need remains for "fire proof file cabinets" for the Building, Zoning, Planning and Comptroller's Office to protect our valuable town records. The need to protect these records is great and your consideration is appreciated. MR. JENSEN moved that the transfers be made as requested by the Comptroller. Seconded by Mr. Clausen. Roll Call Vote: 4 Ayes 0 Nays The request of Mr. Ryan for file cabinets was tabled for considera- tion. The following letter was received: 485 486 September 26, 1977 Town Board Town of Wappinger Gentlemen: As in the past, I am being flooded with requests to send tax bills directly to the lending institution involved. Latest request is to permit a tax clearing house agent to come in and take the bills for the banks they service. I would appreciate a resolution on record that would facilitate and substantiate the present Town Policy, such as; "CONTINUING PRESENT TOWN POLICY AND UNTIL FURTHER NOTICE ALL THE TAX. BILLS FOR THE TOWN OF WAPPINGER WILL BE MAILED BY THE RECEIVER OF TAXES TO THE KNOWN AND LEGAL OWNER ON RECORD OF EACH PARCEL, AT HIS MAILING ADDRESS". I have attached a copy of the Municipal Home Rule and the Comptroller Opinion regarding the issue. Thank you, s/ Amelia Crosby MR. VERSACE moved to affirm the Town's Policy, and continue the Present Town Policy, and until further notice, all tax bills for the Town of Wappinger will be mailed by the Receiver of Taxes to the known and legal owner on record of each parcel, at his mailing address. Seconded by Mr. Clausen Roll Call Vote: 4 Ayes 0 Nays The annual resolution for Snow Removal between the Town and County was presented for consideration. It was the recommendation of the Highway Superintendent that the Town Clerk be asked to contact the County requesting a map of what County roads the Town would be responsible for plowing. MR. CLAUSEN moved to table the resolution for Snow Removal on County Roads by the Town Highway Department tntil receipt of a map from the County is received which indicates what roads the Town will be responsible for plowing. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays 487 The following letter was received: Mr. Karol Sekely Cedar Knolls Wappingers Falls, N.Y. Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Dear Sirs: Please enter me on the Agenda for the Town Board meeting of Sept. 19, 1977 re: the speed limit on N. Hackensack Rd. Thanking you for your consideration, I am, Sincerely, s/ Mr. Karol Sekely Mr. Sekely, being recognized by the Chair, stated his request for a reduced speed limit on New Hackensack Rd. was prompted because of thenumerous accidents that occur in the vicinity of the Trailer Park and delicatessen area, 55 mph is too fast, and he would like to see the Town request the County to post this road with a reduced speed that is reasonable. Speed limit reductions have been established for Myers Corners Road and he feels New Hackensack Road should be accorded the same. Mr. Clausen agreed with Mr. Sekely that there were numberous acci- dents on this road and 55 mph was not a safe and prudent speed limit, 40 mph would seem reasonable. MR. CLAUSEN moved that the New York State Department of Transporta- tion and the Dutchess County Department of Public Works _conduct a study to prove that a speed limit of 40 mph on New Hackensack Road is warranted due to the number of accidents that are occurring over the past year or two. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays Another petition was received from residents of Spook Hill Road signed by approximately 157 residents and stating "We, the under- signed, residents of Spook Hill Road, Orchard Homes and Spook Hill 438 Estates, hereby submit this petition to the Town of Wappinger, that the speed limit on Spook Hill Road be reduced to a safe and prudent speed. Spook Hill Road is presently a 55 mph road, which we consider a dangerous and imprudent speed as this road is now densely populated and we fear for the lives of our children". A prior petition had been received and the request for reduced speed limit had been forwarded to the Dutchess County Department of Public Works in August. MR. CLAUSEN moved that this petition, received this evening, be forwarded by the Town Clerk to the New York State Department of Transportation as a follow-up to the Board's request earlier for reduction of the speed limit on Spook Hill Road. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays Mr. Douglas Rousseau, having requested to speak before the Board concerning a drainage problem, was recognized by the Chair. He stated that the problem has to do with drainage, having purchased a piece of property from Stephen Puzio in July 1977 for the purpose of building a house. He had the land surveyed, had his builder look at the lot (#51 Plaza Road) and submit plans. The surveyor who surveyed the lot was Richard Barger. The house he proposed building was approximately 46' x 32', it was turned down by Mr. Lapar and Mr. Horton. The rejection read, "I will not waive the elevation requirements, and I will not waive piping requirements". Mr. Rousseau remarked that unfortunately this lot, according to the Town officials was not suitable for building as it is, and he was present to ask the Board why it is not suitable for building be- cause the whole area there was developed, and at least four houses are fairly new, they've been put up within the past five or six years, maybe sooner. He indicated that according to the surveyor's map (he was using to aid in his presentation) there is an existing cul- vert that the Town put in which drains on his property. He main- 483 tained that this culvert is putting water on his land. He indicated that the particular terrain is such that lots #55, #54, etc. drain down through his land and on to lot ##50. Lot ##50 is owned by Morris Schriber, who, as he understands, has complained for the last eight to ten years to the Town about a water problem. His question to the Town is that this, as they could see, was subdivided by the Town, khe he assumed, it was subdivided and approved as a building location, the contour of the land was approved as it is, the houses were allowed to be built, in what order he knew not, but presumed were allowed to be built in the last few years. Now, all of a sudden he is denied a building permit. This land represents his and his wife's savings and it is as it stands a piece of worthless land if he cannot get a right to build on it. The piping requirements that are referred to on Mr. Horton's statement, according to what he has found out is for him to now correct this entire drainage problem, to foot the bill for this entire problem, which the whole street drains down this way, by him making his own sewer system and transferring it from his property down to Central Avenue, approximate- ly 250 feet at a cost of about $25,000 to correct a problem the Town has seen for about ten years and has done absolutely nothing about. He stated he was before the Board tonight to ask if these conditions could be waived, or if the Town itself will correct the problem. Mr. Diehl stated he had spoken with Mr. Lapar to ascertain what avenues were there and could be explored to correct the problem or assist in whatever way necessary, and it appears there is no way to solve the problem correctly, except by a draining method. Mr. Horton stated that the record should be set straight in that Plaza Road ten years ago wasn't even a Town road. This pipe was not put in by the Town, it was put in by Mr. Daino, which goes back, he believed, to somewhere in the 1940's, when the whole Lake Oniad area was subdivided. That part and some parts of Central Avenue sold off, and there are still some lots on Central Avenue, wet lots, that were sold to Mr. Puzio, who built on some of them, but this is one that 49O was left because it was wet. Mr. Versace commenting that although this subdivision was sub- divided in 1939 questioned how the other homes were built and allowed to drain eventually on to lot #51. If there was going to be a problem with this lot, why wasn't the owner of real estate persons or the Town Board notified that this was not a buildable lot, that it could create a problem for whomever purchased it. Why wasn't somebody notified if it wasn't buildable. Mr. Diehl would have a question there as to whether the Town had a right to say that any piece of property was not buildable. Also, the Town did not divert the water, it was the natural flow that went to this piece of property. He personally believed the Town was getting into a legal problem and would like the Board to refer it to the Attorney for a legal opinion. Mr. Clausen asked if the culvert, that was in the road when the Town accepted it, was put in by the Town. Mr. Horton responded no, it was put in by Mr. Daino. Mr. Rousseau then commented that if the Town had only a year ago approved Plaza Road with the exist- ing contours and that lot was accepted as a buildable lot; the Board unanimously denied that statement. Mr. Horton in answer to Mr. Versace's question stated the land could be built up in order to build on it. There was continuing discussion on the various courses of action to alleviate the drainage problem. Mr. Rousseau, stated he would be willing to build up the property, but not to accept the requirement for piping to Central Avenue. If he could build his house as it is, let the existing contour of the land take care of the drainage from his house, which he believes is insignificant as far as the drainage of the whole area which ends up down on to Central Avenue. Mr. Clausen commented that he felt the Engineer to the Town and Highway Superintendent were correct in not waiving the requirements of the Town Board, and of course their own depart- ments have worked so hard to try to create to try to prevent such problems. He felt Mr. Rousseau did right by coming before the // 491 Board, as they probably are the only ones that could waive it, if that's their intent, but he himself would like the opportunity to go out and look at this a little more closely himself to see if he would be willing to waive any type of restrictions the Town has on that piece of property. Mr. Diehl summed up that the Board all wanted to look at the lot and he would like a legal opinion too, and certainly a clarification of opinion of the Highway Superintendent and Engineer in regard to any unique problems that are on this par- ticular lot, and hopefully there will be some report back by the next regular meeting. The following letter was received: September 27, 1977 Town Board Town of Wappingers Mill Street Wappingers Falls, N.Y. Re: Anthony Cinelli Dear Members of the Town Board: I am writing to inform you of a potentially dangerous situation that has arisen and caused by the Primrose Hill Subdivision. On Monday, September 19, 1977, my client, Anthony Cinelli, and I met with the Planning Board and explained to them the potential problem caused by the installation of two four foot drain ducts that border Mr. Cinelli's property to the rear. The installation of those ducts is such that the water from them will be emptying out into a stream which is on Mr. Cinelli's property. In addition, the drain pipes are approximately three feet above ground level, and the developer has changed the contour of the land behind Mr. Cinelli's property to such an extent that his home is now the low point. The installation of these four foot drain ducts and the change in contour of the ground will ultimately cause Mr. Cinelli to suffer considerable damage. The Planning Board assured me and Mr. Cinelli they would be recommending to the Town Board that the Town Board utilize down stream drainage funds for the correction of this problem. Please consider this letter a warning to the Town of Wappingers that should Mr. Cinelli be damaged as a result of the items listed above he will be forced to commence legal action to recover damages from the responsible parties. I ask that the Town Board look into this matter with a view towards following the recommendation of the Planning Board and in order to avoid the damage that will be caused to Mr. Cinelli if no action is taken. Thank you for your consideration. Very truly yours, Mangold & Mahar s/ Gerard J. Pisanelli Mr. Cinelli, being recognized by the Chair, commented this has been hassled back and forth for quite a while now, and has held off until maybe an agreement could be reached. This AM he stated that out of the two, 2 ft. pipes he measured 21 inches of water coming out, and it was only a three day storm. Mr. Jensen .asked Mr. Cinelli if he filled in much when he built on his lot. Mr. Cinelli responded that where he filled in was no where near the stream, the stream was always there, he built up and filled in on the front of his property, and also a little in the back where it was a little swampy. He claims the developers of Primrose Hill closed off the stream, since it was only a class D stream, and piped it parallel with his property and stopped right on the edge of the stream. He feels he too has a right to fill in the stream on his property. Mr. Clausen noted one of the problems with down- stream drainage was that, due to development of lands and piping of water which is discharged into any remaining portion of an existing stream, the problem being the conveyance of water safely so there is no damage to residents who have been there previously. He believes there should be some type of remedy for residents who develop a piece of property and find a few years later, due to increased development in the Town, that property now has problems. He also believed that even if Mr. Cinelli wanted to, he couldn't correct the problem of that stream out of his own pocket. He felt the Board was going to have to resolve this one also as we do the whole Town as far as downstream drainage - something has to be done with this water, we cannot keep saying the individual, to whom this d3 happened, is their problem, it's too much of a cost anymore. Mr. Jensen felt the communication from Mr. Cinelli's attorney should be referred to the Attorney to the Town for his interpretation. MR. DIEHL moved that the Engineer to the Town confirm that the pipes are in as the specifications called for, and an opinion from the Attorney to the Town in regard to the communication from Mr. Cinelli's attorney, and a possibility of checking with the Conservation Department in regard to the stream. Seconded by Mr. Clausen Roll Call Vote: 4 Ayes 0 Nays The following letter was received: September 22nd, 1977 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, NY 12590 Re: Downstream Drainage in the vicinity of the Anthony Cinelli and Roy C. Ketcham High School Properties. Gentlemen: The Planning Board of the Town of Wappinger has been advised that a problem exists with regard to the above captioned subject and would like to take this opportunity to suggest that you refer this matter to the Engineer to the Town for his recommendations. Attached is various correspondence related to this matter. Very truly yours, s/ Betty -Ann Russ, Secr. T/W Planning Board Mr. Clausen commented that DWS, somewhere along the line, is going to run into a problem with some of this water coming down. He wondered if at this stage of the game, provisions have been made on the DWS proposed development to put in either sufficient piping and/or - Mr. Lapar interjected - hold it back, we're trying to hold it in some manner. The following letters were received: 493 if 4 September 22nd, 1977 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, NY Gentlemen: At their September 19th, 1977 meeting, the Planning Board of the Town of Wappinger adopted the "Administrative Guide for Implementation of S.E.Q.R." and the "Applicant Package for Environmental Assessment and Impact Statement Preparation - S.E.Q.R." as their working guides. These booklets were compiled by the Town of Wappinger Conservation Advisory Council and were printed by the Dutchess County Cooperative Extension. Very truly yours, s/ Betty -Ann Russ, Secr. T/W Planning Board September 29, 1977 Louis D. Diehl, Town Supervisor Town of Wappinger Town Hall Mill Street Wappingers Falls, New York Re: Letter of Planning Board dated Sept. 22, 1977 Dear Sir: It is our opinion that the provisions of Section 8-0107 and 8-0105 of the Environmental Conservation Law provide that a local agency shall provide for those procedures which are to be observed in implementing the Environmental Quality Review Act. A local agency is defined as a political subdivision of the state, which in the instance of the Town of Wappinger would mean the Town Board, the governing body of the town. Therefore, a strict reading of the Environmental Quality Review Act would indicate that it is a Town Board function to prepare such regulations as necessary to imple- ment the act. However, consideration must also be given to the provisions of Section 272 of the Town Law which permits a Planning Board, after a public hearing and subject to approval of the Town Board, to adopt rules and regulations with respect to procedures before it. I would construe this section to mean that subject to the preconditions that I have cited, the Planning Board may adopt such rules and regulations as it deems appropriate so long as they do not conflict with those of the town. If these preconditions have not been observed, the action taken by the Planning Board as outlined by the letter of September 22nd would be null and void insofar as they apply to applications for the Planning Board. .495 I did note that the letter of the Planning Board states that they have adopted the administrative guide as"their 'working guides". The Planning Board does enjoy the prerogative of using these as a reference source if that is the extent to which the working guides are intended. However, they may not require applicants to observe them without making them part of the rules and regulations which are subject to the preconditions previously recited. I'm sure that both the Town Board and the Planning Board are aware that it is highly desirable that all actions with respect to the Environmental Quality Review Act be uniform throughout the Town. Therefore, I would anticipate that the Town Board would not give its approval to the Planning Board procedures until it has first determined what procedures it intends to implement. Very truly yours, Corbally, Gartland & Rappleyea s/ Jon Holden Adams Mr. Diehl stated that it would appear, from what he read in Mr. Adams_' letter that it was the Town Board's intent for the "Admin- istrative Guide Admin-istrativeGuide for Implementation of SEQR" to be a reference and that they should be used as a reference source, as stated in the Attorney's letter. Mr. Clausen and Mr. Jensen concurred that it was the Town Board's intent that the Planning Board could use the "Guide" as guidelines. Mr. Diehl directed a letter be addressed to the Planning Board indicating that it is the Town Board's intent that the "Adminis- trative Guide for Implementation of SEQR" be used as a reference source as so stated in the Attorney's letter. The following letter was received: September 19, 1977 Town Board Town of Wappinger - Mill Street Wappingers Falls, N.Y. Dear Board Members: A possible water leak on Spook Hill Road was reported by Mr. William Horton to our office recently. At our request, Camo Pollution Control tested the water for residual chlorine and found a trace. This indicates a high possibility that it is a water leak. 96 We, therefore, ask your permission to investigate the situation further. Thank you for your cooperation in this matter. Very truly yours, s/ Joseph E. Paggi, Jr. Engineer Mr. Diehl stated that he had immediately instructed Mr. Lapar to take immediate action, and the matter has been taken care of. Mr. Clausen questioned what action had been taken, and what extent was the water leak out there. Mr. Horton stated it was in the ditch line, and he had spoken a while ago to Mr. Lapar about hooking in direct off the line and dead ending it. They've had trouble with it, it's got so many patches on to it. Mr. Lapar indicated the decision was whether to tie this line off. Mr. Horton added that there were two homes that it went by that are hooked up on Spook Hill, it was one of the lines that was put in the Ardmore development years back for proposed lots and now the lots have come in and are hooked up to the new line. The decision is to abandon this line and hook the two houses up to the new line off Spook Hill Road and he didn't know how far the old lines would have to be dug up and there isn't any maps on it so you don't know where the line runs. Mr. Clausen felt something had to be done about trying to find a leak or cutting the line off and putting in a new line. Mr. Lapar commented that in this instance you wouldn't have to put in a new line, just cut off that line and tie in two houses, about 50 feet for each house. Mr. Diehl recommended Mr. Lapar figure out a price to complete the job 100% by hooking up the two houses direct and abandoning that line. MR. CLAUSEN moved that Rudolph Lapar be directed to estimate the cost to complete the job 100%. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays r1 The following report was received: September 14, 1977 Town Board -Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Scavenger Sludge Dumping at Oakwood Knolls Sewage Treatment Plant Dear Board Members: At the Town Board Meeting of August, 1977, Mr. Clausen re- quested this office to investigate "honey wagon" dumping into the Oakwood Knolls Sewage Treatment Plant. It is our opinion, that this is not a good policy for this plant. I have also enclosed a copy of Mr. Michael Morris's letter wherein he agrees with our findsings. Thank you very much. Very truly yours, s/ Rudolph E. Lapar MR. CLAUSEN moved to accept the recommendation of Mr. Lapar and the operators of our sewer and water plants as stated and accept as policy not to dump sludge into the Oakwood Sewer Treatment Plant. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes ® Nays The following report was received: August 5, 1977 Town Board -Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Middlebush Road (CR93) Storm Drainage Improvements Dear Board Members: On Thursday, July 28, 1977, Mr. Joseph Paggi and the writer met with Mr. Timothy Grimont of the Dutchess County Department of Public Works. Due to several complaints of neighbors in the vacinity of the Schmidtke's Pork Store on the north side of Middlebush Road, the County has tentatively agreed to replace'a 12" diameter and 16" diameter drain under Middlebush Road, if the Town will then continue said pipes across several properties to an existing water course. Please Advise. Very truly yours, s/ Rudolph Lapar 497 4 .8 Mr. Clausen commented that if there was a problem with the County culvert wouldn't it be wise to let them do it, and let them spend a little money now and let them do whatever has.. to be done to do our part to get rid of that water. Mr. Horton pointed out that there was no existing stream on the other side, and aside from the fact that the County has been monkeying with this since 1937,they just want to put a pipe across the road and the Town to pipe it all the way to a stream z a mile distant, and we would also need easements for'piping. MR. CLAUSEN moved that this problem be referred to the Attorney in the event that the County has jurisdiction under its own road to replace its own culvert, and if they put water on an outfall where there is no stream, or whatever, and say alright the Town can take care of it, the Town should be made aware of it and would like a ruling on it. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays The following letter was received: October 4, 1977 Town Board Town of Wappinger, N.Y. Dear Sirs: The following people have resigned as Democratic Election Inspectors, Pauline Boyle of District 19 andGladys Folster of District 15. I wish to replace them with the following people: In District 15 - Joan Greer, Chelsea, New York In District 19 - Rita L. Allen, 21 Regency Drive, Wappingers Falls, N.Y. Very truly yours, s/ Cheryl Snethen Town Chairman Dem. Committee MR. CLAUSEN moved to accept the recommendation of Town Democratic Chairman Cheryl Snethen and appoint Joan Greer as an Election Inspector (D) for District #15 to fill the vacancy due to the resignation of Gladys Foister, and appoint Rita L. Allen as an Election Inspector (D) for District #19 to fill the vacancy due to the resignation of Pauline Boyle. Seconded by Mr. Versace. Roll Call Vote: 4 Ayes 0 Nays The following report was received: October 6, 1977 Town Board c/o Town Clerk Mill Street Wappingers Falls, NY Gentlemen: At the September 29th meeting of the Advisory Council it was the unanimous decision of the Council to recommend Mr. John Perillo to be designated as the Vice -Chairman of the Council. I trust this will meet with your approval at the next Town Board meeting. Sincerely, s/ Edward S. Hawksley Chairman Mr. Diehl commented that to hisknowledge the Town Board doesn't confirm Vice -Chairman appointment, and would have no objection to this. Mr. Jensen agreed. MR. CLAUSEN moved that a letter be sent to the Conservation Advisory Council indicating to them that the Town Board concurs with their choice. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays The following letter was received: October 4, 1977 Town Board of Wappinger c/o Elaine. Snowden, Town Clerk Mill Street Wappingers Fall, New York Gentlemen: Over a period of years the County of Dutchess and your Town have experienced an excellent cooperative effort in the removing of snow from County highways within your Township. With the advent of the 1977-78 season, it is with pleasure and heart -felt thanks that we look forward to this annual duty. Obviously, without the participation of the Town Highway Departments, the County could not provide such responsive services to the Town residents using the 400 miles of County Road System. Superintendent of Highways William P. Horton, and his staff, have always undertaken this task with determination and skill. We of the County Department of Public Works wish to commend him and his men for their good performance. Looking ahead to a good year and your continuing help I remain ever grateful. Very truly yours, s/ James Spratt, P.E., Commissioner Mr. Diehl directed Mr. Spratt's letter be received and placed on file. The following letter was received: October 3, 1977 Ms. Elaine H. Snowden, Town Clerk Town of Wappinger Town Clerk's Office, Mill St., Wappingers Falls, N.Y. Re: Traffic Signal @ CR 28/CR 94 Intersection Dear Ms. Snowden: Your request by letter of September 15, 1977 to Commissioner Spratt concerning maintenance of the above referenced traffic signal has been referred to this office for comment. Please be advised that, according to Article 41, Section 1660, of the "Vehicle and Traffic Law" under "Notes and Decisions, No. 4" "Towns, and not counties, have the power and duty to install and maintain traffic control signals on county roads outside of villages and cities. Op. State Compt. 67-586". Therefore, the county cannot assume this responsibility. If you have any further questions concerning this matter, do not hesitate to contact this office. Very truly yours, s/ Peter N. Anagnos,P.E.L.S Dr. of Engineering 1 501 Mr. Diehl commented that he had been informed that in some Town they are paid for, and Mr. Horton stated this is what he would like to find out, he doesn't want to see the Town of Wappinger short changed on these traffic lights on County roads. MR. CLAUSEN moved to refer this matter to theAttorney to find out if in fact this is true, and further, that a letter be sent to the Association of Towns asking for their assistance in researching as to whether or not any other Towns are receiving aid from Counties in the maintenance of traffic signals on County roads. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays Notice was received from the New York State Department of Environmental Conservation that a public hearing had been scheduled for October 27, 1977 at 10:30 A.M. for the Cranberry Hills Water Improvement Area in the Town of Wappinger. Mr. Diehl instructed the Town Clerk to receive the notice and place it on file. The following letter was received: September 6, 1977 Town Board,. Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen: Pursuant to the Rules and Regulations of the Federal Communications Commission, notice is hereby given of our intent to add on or about November 15, 1977, the following television station - WMHT, Channel 17 (Educational) Schenec- tady, N.Y. (this station will be provided thru the facilities of UHF translater W54AB). This station will be added to our cable systems in the following communities: City of Beacon, Town of Poughkeepsie, Town of LaGrange, Town of Wappinger, Town of East Fishkill, Town of Fishkill, Village of Fishkill, Village of Wappingers Falls, Town of Lloyd, Town of Plattekill, and the Town of 502 Marlboro.. Sincerely, s/ Howard H. Erichsen, General Mgr. Mr. Diehl directed Mr. Erichsen's letter be received and placed on file. Mr. Diehl stated that a date for the Public Hearing on the Town of Wappinger Budget needs to be set. MR. CLAUSEN moved that the Public Hearing for the. Town of Wappinger Budget for 1978, along with the Federal Revenue Budget be set for November 7, 1977 at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York at which time all interested persons would be heard. Seconded by Mr. Jensen. Roll Call Vote: 4.Ayes 0 Nays Under Committee Reports, Mr. Jensen stated that in connection with Tri -Municipal, the Penetryn Systems & Co. Inc. will be in the Tri -Municipal Area in the next few months doing the infiltra- tion inflow work that's required by the EPA which is part of_the overall evaluation work step I grant that has been received from the EPA. Starting this week they will be working in the field for many months, and area residents will be notifed by Penetryn when they are in their particular neighborhoods. The following letter was received: October 7, 1977 Town Board, Town of Wappinger Town Hall, Mill Street Wappingers Falls, New York Re: Noise Control Dear Honorable Members: At the public hearing which preceded the adoption of the local law controlling noise, there seemed to be considerable concern about providing for exemptions for activities such as 503 those sponsored by Civic organizations which might, if conducted, violate the local law on noise. I enclose herein an exemption clause which I have obtained from another local law controlling noise. The Board may want to,consider it in defining, for pur- poses of amending the local law, what exemptions should be created and what procedures should be followed in providing for such exemptions. Very truly yours, Corbally, Gartland & Rappleyea s/ Jon Holden Adams Mr. Clausen saw no reason why there should be any action taken on this matter tonight, it does, however, solve a lot of problems he had with the Ordinance if they are adopted, but he also had spoken on one other item, what seems to be a mandatory fine for the first offense. Mr. Adams had indicated to him that there would be no problem to also include in the Ordinance some type of mechanics whereby the first offense would be a warning type of thing, the second a small fine, and progressively stiffer for repeated offenses. He thinks something like this should be included in an amendment to the Noise Ordinance. With these changes, he would feel better about the Noise Ordinance. Mr. Diehl directed the matter of amendments to the Noise Ordin- ance be tabled until the Board had an opportunity to study the recommendations. Mr. Versace noted that Fenmore Drive and Cady Lane area residents, speaking of the Noise Ordinance, had complained about garbage being picked up at 3AM at the Myers Corners Elementary School. He spoke to the superintendent of grounds and indicated the problem. He was assured that this would be rectified. It was rectified for about a week or two, but apparently the garbage collectors are going back to the 3AM pick-up there. He would like to see the office of the Supervisor contact the superintendent of grounds for the Wappinger Central School District and see if this problem 504 can be resolved, if the pick-up could be made after 7AM so as not to wake the surrounding neighborhood. He felt a letter from the Supervisor's Office would help. The following report was received: October 4, 1977 Town Board, Town of Wappinger Town Hall Wappingers Falls, New York Re: Regulation of Peddlers Dear Hon. Members of the Town Board: At the last meeting of the Town Board, a question was raised as to what regulations may be imposed upon hawkers and peddlers. The town may not prohibit hawkers and peddlers unless it is necessary for the preservation of the public health, safety, morals,, or peace or for the promotion of the general welfare of the community. In the absence of a substantial outcry from the residents of the town with respect to the activities of hawkers and peddlers within the town, I suspect that these preconditions do not exist. However, the town may, through its powers under section 131 of the town law, regulate peddlers and require their licens- ing as a precondition for activities within the town. These regulations must be reasonable and may not be such as to dis- courage altogether activities of this nature. However, the courts construe this to permit the prohibition of solicitation or peddling upon private property without prior invitation. Our ordinance contains only one regulatory provision with respect to hawkers and peddlers, namely, that they may not undertake their activities without first obtaining a license. The Board may want to consider further regulation such as regu- lating the time and place of such activities. Very truly yours, Corbally, Gartland & Rappleyea s/ Jon Holden Adams Mr. Diehl commented that, on the basis of Mr. Adams' letter as he understands it the Board only as the application for the permit and that is all that is necessary at this time, unless the Board cares to institute other guidelines. In looking it over he felt there should be other guidelines, but he doesn't know how much more can be put on it. Mr. Clausen commented that 50 he hadn't felt it had been a problem inthe past, and as he has indicated in the past, that the Town does have the vehicle by which peddlers do come in, identify themselves, reveal the nature of their business, and it also gives the residents the right to ask for identification. He thinks the safeguards are there. Mr. Diehl agreed. - The two peddlers license applications that were tabled were now placed before the Board for their consideration. Applications were received from Lawrence Harvey Foster and Carl Yardumian for Hawking and Peddling Licenses. The applications had been referred to the Dutchess County Sheriff's Department, and returned indicating no criminal record on file. MR. CLAUSEN moved to approve the applications and grant Lawrence Harvey Foster and Carl Yardumian licenses for Hawking and Peddling in the Town of Wappinger. Seconded by Mr. Versace. Roll Call Vote: 4 Ayes 0 Nays A memo had been received by the Town Board from Jon H. Adams regarding Mid -Hudson Auto Wreckers, Inc. and a tentative settle- ment of the alleged violations of the Zoning Ordinance by Mr. Shapiro. Mr. Diehl stated that it was his understanding that the Attorneys have still been meeting this week and there is still further consideration to be arrived -at, hopefully to be resolved in the next week to ten days. The Town's Counsel has advised him it would be proper to hold up on any action until the final- ization of that yard to the satisfaction of Mr. Chain, his attorneys and Mr. Shapiro. There was some discussion with the Attorney, Mr. Chain, Mr. Incoronato and Mr. Diehl regarding the Mid -Hudson Auto Wreckers, Inc. zoning violations and application for their salvage yard license, with nothing further resolved. 50G Mr. Diehl brought up the piping agreed on for the Truett drainage problem. There was some confusion as to what distance it was to go and what point it was to come to. It appears, now, at this point, that the Board is saying that the pipes should go to the approximate front foundation of Mr. Truett's house, and it appears that the last motion was to do such if it did not exceed $1,000.00. From a memo from the Engineer to the Town it appears that it will be approximately be in the neighborhood of $2,000. MR. DIEHL moved that the Engineer to the Town consider this Change Order to extend the piping for the Truett drainage another 20 feet to complete the project and bring it up to the front of Mr. Truett's'house. Seconded by Mr. Versace Roll Call Vote: 4 Ayes 0 Nays Mr. Dennis Eaton, 22 Edgehill Drive, being recognized by the Chair questioned whether that section of Edgehill where he lived had been finished as far as the paving was concerned. If it has, he would like to request that someone come and correct a drainage problem that was created by the work on his property, and also put an apron from the pavement into his driveway, as there is about a two inch bump now. Mr. Horton indicated they were still working in Edgehill, but would check Mr. Eaton's imputation. Mr. Robert Geller, 22 Tor Road, being recognized by the Chair, asked what the status was regarding the matter of a drainage holding pond on the adjacent property (Anderson, Aug. Town Board Meeting). Mr. Diehl answered that the matter had been referred to theAttorneys, but due to a misunderstanding, it would again be referred to Counsel. Mr. Adams commented that he believed that at that meeting an opinion had been expressed, that, based on the information articulated at that time that the Attorneys saw no responsibility on the part of theTown, but will provide a formal answer to Mr. Wolf's letter. 507 Mr. Jensen, addressing himself to the Attorney, commented that he wasn't sure if there were any laws of the Town preventing any civil actions against the Town in case there are any defects in the Town roads or easements. There was just recently an opinion of the Attorney General #630-1977 on how theTown can pass a local law that the Town will not be responsible for any defects in highways unless there has been prior written notice. Mr. Jensen requested Mr. Adams to draw up a local law to this effect so that the Town of Wappinger could be protected in this area. Mr. Clausen brought up the topic of another drainage problem that has been before the Board for a while. Mr. Tompkins of Martin Drive has been asking the Board for a number of months to try to resolve the drainage problem. He wishes to know what the holdup is either with the Attorneys or Engineer's Office, whereby we directed them to come up with either easements and/or recommendations whereby we would judge what area we would take as far as that drainage problem is concerned. He thought that at the last Town Board meeting we had an indication from Mr. Lapar of which way to go and we pretty much agreed to go that way and bid, but I don't think we've decided on anything, I don't know why. Mr. Adams addressed Mr. Clausen, observed that they had written to Central Hudson, who of course has the present easements, and requested their consent for the use of that area for the drainage. He doesn't believe they have received a response. Mr. Clausen asked if there was some way to rush this through and resolve the problem before winter. There being nothing else to come before the Board, Supervisor Diehl entertained a motion to adjourn. MR. JENSEN moved the meeting be adjourned, seconded by Mr. Clausen and carried. The meeting adjourned at 10:14 P.M. Reg. Mtg. 10/17/77 Elaine H. Snowden Town Clerk