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1973-12-10 RGMAGENDA TOWN BOARD DECEMBER 10, 1973 1. Supervisor Call Meeting to Order 2. Roll Call 3. Accept Minutes Reg. Nov. 12, 1973 1 C..:. , t �� r' - l. Co. ••-T'k Pi r‘`1 4. REPORTS OF OFFICERS Supervisor Building Insp. Bills: a?. ; os7,`f Gen. Fund:4 OKSD: 303 OKWD : r 38 sy RFSD: 0S -4k cB Town Justices Highway: IV 5c Fltwd SD: LNG ka Fltwd WD: 114 3� . 'PETITIONS & COMMUNICATIONS CAS. lie C7cz tlitic a. John Schouten re: new method of Taxation Mel Zipes re: Water rates - De Garmo Hills Rd. Robert Ruit re: request for return of Road opening Mrs. Precious & R. Lapar re: Sewer problem on Kent Planning Bd. re: Tall Trees Water system purchase Notice of Public' Hearing from Dept. Env. Cons. re: Tall Camo & R. Lapar re: New Comminutor for Fleetwood Sewer Plant Notice of Public Hearing from Twn/ Poughkeepsie proposed Master Plan, Zng. Ordinance and Map. Kent Sussex Co. re: request to tender Down Stream drainage Bond J. Ennesser re: letter of. appreciation for Little League assistance • --'k. Letters from Planning Board flu i7 - •srYaccQa.�.cD�.e1..,�1 kb. c. cash bond .-d. Mr Rd. -e. • Trees kg. — . --j• Laze •. ve6 .ohn i?_eA 2e.; 0.cce�%���e h��d Pont 6. REPORTS OF COMMITTEES '4, ^ Skei-)0.4A = re.', rk4c�s�.�, L lir rr�a.ns-(3wi�c�sect 00 (,1 N e4ltin - cam,. to w y,,. e C.Ad a y • Town Justices re: Town Court Space 7. RESOLUTIONS ✓a. Southern Dutchess 1990 - revision of Twn share of funding - b. Employees retirement system -c. CATV rates ted. Newsprint Ordinance c., cinS�e; S 8. UNFINISHED BUSINESS /a. Vacancy on Planning Board - Letter of recommendation from Ping. Bd. mob. A. Waddle - bids for fencing for Fleetwood - neuro. 1200, . Report from R. La' r on Rockingham Storm Drainage �{q�1a� r... ��s2 PQM iv.A .s US�I_ . 9. N BNBSS 10. ADJOURNMENT 285 The regular monthly meeting of the Town Board of the Town of Wappinger was held December 10, 1973 at the Town Hall, Mill Street Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:35 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Harry Holt, Councilman Leif Jensen, Councilman Stephen Saland, Councilman Elaine H. Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town William Horton, Superintendent of Highways Rudolph Lapar, Engineer to the Town Upon calling the meeting to order, Supervisor Diehl called for a minute of silence in memory of Agnes Grosenbeck, a former Deputy Town Clerk who had passed away December 8, 1973. Mr. Diehl informed the audience that the Martin Gordon PUD would not be discussed this evening. ':`Mr. Gordon hasrequested an execu- tive meeting with the Board, which will be arranged at a future date. The minutes of the November 12, 1973 regular monthly meeting having been previously sent to the Town Board members, were now placed before them for their approval. MR. HOLT moved the minutes of the November 12, 1973 regular monthly meeting, as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Jensen. Motion Unanimously Carried Reports for the month of November were received from the Supervisor, Town Justices and Building Inspector. MR. CLAUSEN moved the monthly reports for November from the Supervisor, Building Ingector and Town Justices be accepted and placed on file. Seconded by Mr. Holt. Motion Unanimously Carried Bills presented for payment were as follows: General Fund$251,663.09 Highway Fund 10,529.40 OKSD $303.86 OKWD 138.34 F1tSD $446.60 FltWD 174.36 RFSD 2,052.98 MR. CLAUSEN moved the bills be paid, subject to audit. Seconded by Mr. Holt. Motion Unanimously Carried Supervisor Diehl introduced Mr. Rick Gillert, from the Dutchess County Department of Planning who was present to discuss recreation with the Town Board. Mr. Gillert explained that he was representing the Dutchess County Ad Hoc Committee on Recreation, a commission of private citizens being sponsored by the Human Services Committee of the Dutchess County Board of Representatives. He briefly explained how the committee came into being, that this committee made the decision to attack the problem of County recreation from the bottom up. He pointed out that Dutchess County, with some 230,000 people in 1970, had only 783 acres of recreation land and it could use, according to all recognized standards, about 2,300 acres, this indicates a deficit of some 1,500 acres of recreation land, and a deficit of some 2,200 acres by 1980. What he would like to do is get information from the Town of Wappinger Town Board, Recreation Commission and Conservation Advisory Council, to provide informa- tion that the Board of Representatives can use in the process of making decisions as to how to cope with this problem. Some recom- mendations that have been proffered through discussions with other municipalities were that perhaps county recreation agency responsible for acquiring and developing property and developing programs, or, a County Recreation Commission, similar to those of individual Towns, or get a County Commission of Recreation. He closed by stat- ing that he hoed the Town Board would have some sort of feelings tonight about\Town and County wide recreation and be able to fill out the questionaire he had sent to Supervisor Diehl and Hugh J. Maurer. He hoped to gather all the information by mid-January and 28! hold another seminar in Millbrook probably the end of January. Mr. Diehl, noting that there were several persons present from DeGarmo Hills Road, stated that Mr. Lapar had been working on informa- tion for rates and water hook-ups for this area. Mr. Lapar stated that the Dutchess County Health Department was in the process of making bacterialogical tests in the recently installed system. When these tests are completed the residents will be able to use the pot- able water. Prior to allowing the residents to tie in, there are certain things that must be done. First, there is an agreement, that was signed by James Thomann, of the Hilltop Water Corp., that the Town, at this point, could buy water from Hilltop Water until such time as the Town takes it over. Second, in comjunction with that, the Town has to set the rate for the residents. The approximate cost of buying water from Mr. Thomann will be about $77 a year, the rate that we intend to set up at this point will cost the average resident about $96 per year. Third, the proposed permit application. This will be signed by both the homeowner and his plumber/contractor. Items in the permit will be such things as putting a back-flow preven- tor valve or a double check valve, the first being preferable, the disconnect from the existing well will be inspected, the permit fee will be $15.00 to install a house connection. He also mentioned that his office was in the process of drawing up a typical residential service connection. He felt these things should be definitely acted on by the Board this evening so that the residents could hook-up as soon as the Department of Health gave their approval. There was a lengthy discussion between Mel Zipes, George McKinney, Paul Rashba, Mr. Lapar and the Board regarding the hook-up fees, hook-up installation rules and regulations and rates. Arnie Andersen asked if the Engineer was aware of the Fire Hydrants being partially below ground, and Mr. Lapar indicated this situation had been recog- nized and would be corrected upon grading. Mr. Diehl, again noting there were several persons present from the Tall Trees development, stated that, as of this morning, he had spoken to the Building Inspector and issued him an order not to give any more C.O's in Tall Trees until the water condition was corrected. He asked Mr. Lapar if there was anything new as of tonight in this development. Mr. Lapar lightly commented only threatening messages from his attorney. Mr. Rappleyea related that there was a public hearing scheduled by the New York State Department of Environmental Conservation for December 28, 1973, on the Town's application to purchase the system. Mr. Lapar has advised Mr. Raker that in order to complete testimony at that time it will be necessary to make cervi tain tests. If those tests are not made by the 28th, that hearing will have to be adjourned, and he has so advised Mr. Raker. Arthur Platt said what the residents of Tall Trees would like the Town to do is make a study and come up with a feasibility and cost to hook into the Town of Poughkeepsie water system. (He presented a petition to this effect, signed by 59 homewoners of Tall Trees). Mr. Platt had several questions regarding this, first if they can do it (purchase water from the Town of Poughkeepsie), as far as the cost is concerned, and second, several of the residents pointed out that they have, in their deeds, a clause that says they have to buy water from the Tall Trees Water District (he wasn't sure exactly how it was phrased), the question being, is that legally binding to Harry Raker's water system, which isn't operative, is there a way that those that do have that clause in their deed can still, if they could go through with this water system (Town of Poughkeepsie) could be able to hook into it without having to buy from ;Raker. Mr. Rappleyea said he wasn't familiar with that particular clause, but he was familiar with the general proposition that a water company does•not have the exclusive right by reason of any permit from Public Service Commission or any so-called franchise to serve an area. He believed they would have two hurdles to overcome, they would have to get approval of the Department of Environmental Conservation in order to establish any water system and the Town would have to get the State's L 2189 permission to build a parallel system. The States' policy in general is not to permit that, except under very unusual circumstances. Mr. Lapar commented that, although the system was inoperable the pipes still were, and they would have to be purchased from Raker and then going to the Town of Poughkeepsie, there was no question in his mind that the cost figures would be astranomical. Mr. Rappleyea commented that until the Town takes over the water system as a function, the residents, and the Town, to such a degree as it can, should make every effort to force the Public Service Commission and the Depart- ment of Health to make it a viable system, as it's supposed to be an operating water company. It's up to the residents to complain as loudly as possible that they are not getting service and for the Town to join in that complaint, that's about the limitations that are imposed upon us. John Schouten was recognized by the Chair. He asked if the letter was sent to the Dutchess County Health Department (that was discussed at the last meeting) and Mr. Jensen said it had and informed him of other discussions with the Health Department - that the Town is doing something about this situation. John Schouten having requested to speak before the Board with reference to taxation of retired people. He began with background for his proposal, starting with 1937 Federal Law, Social Security program began by 1947 reserves were tremendous. When this law went into effect these funds were supposed to be untouchable. President Truman, in 1947, found the key to it and started spending it, in other countries such as Germany and Japan. What he was driving at was, when a man retires at 62, say 100 men retire in one years time, 18 of these are left at the age of 70 (70 to 80 age group, 4 are left), which means a lot of people die and don't collect their Social Security - so the funds continue to grow. He proposed that the Town -;Board get together with Congressman Fish and Senators Javits and Buckley and what they should do is, all retired people send their tax bills to Social Security, and have Social Security pay the whole bill out of their vast reserves, this way they won't have to keep taking more and more from the workingman to increase social security payments to the retired. He suggested Mr. Rappleyea write a letter to this effect, and meet with these Representatives. Mr. Diehl asked Mr. Rappleyea what direction could be taken on Mr. Schouten's proposal. Mr. Rappleyea suggested writing to the State Senator and Assemblyman as this is whew the rules are written as to what tax exemptions, or collections, must be made. There is a Senior Citizens exemption now permitted by State Law. There is also a Fed- eral program being proposed which is intended to supplement the in- come of various income groups. The only governing body that can grant an exemption is New York State. Mr. Schouten indicated that that wasn't what he was proposing, it was his thought that the retired people's taxes be paid directly out of the Federal reserves of Social Security funds. Mr. Rappleyea then suggested writing Congressman Fish, Jr. asking him for whatever legislation is now adopted, or about to be adopted, which would possibly aid senior citizens of limited income as a supplement toward housing. MR. CLAUSEN moved that Mr. Rapplgrea, Attorney to the Town, be em- powered to write a letter to Congressman Fish Jr. regarding legisla- tion regarding aid for Senior Citizens of limited incomes. Seconded by Mr. Jensen. Motion Unanimously Carried A request was received from Robert Ruit for the return of a $50.00 cash road opening bond deposited with the Town for a road opening at AmhArst Lane. Mr. Horton, Highway Superintendent, recommended the return of the $50.00 road opening bond in full. 7 MR. HOLT moved that the $50.00 road opening bond be returned in full to Robert Ruit, upon the recommendation of the Highway Superin- tendent. Seconded by Mr. Clausen. Motion Unanimously Carried A letter was received from Mrs. Kathryn Precious, Kent Road, regarding a sewage problem of 5 years duration. The following letter was received in connection with Mrs. Precious' complaint: November 23, 1973 Mr. Vincent Dangler Ye Olde Apple Orchard Wappingers Falls, New York 12590 Re: Sewerage Lines - Lots #79, 80 and 81 Ye Olde Apple Orchard, T/Wappinger Dear Mr. Dangler: In accordance with Section 11 of the above captioned subdivision map, separate house laterals'must be provided for lots 79, 80 and 81 on Kent Road. The present installation involving the common use of one lateral by the 3 homes is not acceptable. It is expected that the installation of the house laterals be constructed in complete compliance with the approved plans by December 14, 1973. Please notify this office upon completion so that an inspection can be made to verify compliance with this notice. If you or your attorney have any questions in this matter, I may be reached at 896-6722. Very truly yours, J. Hill Public Health Administrator ..By: S. Kondrecki, PHS Public Health Sanitariam Mr. Diehl asked Mr. Lapar what kind of action would be taken if this direction was ignored. Mr. Lapar indicated that Mr. Kondrecki would take executive action - Commissioners orders. Mr. Clausen asked if it would be advisable at this point to pull Building Permits until that is completed. Mr. Rappleyea suggested that some sort of resolu- tion could be adopted directing the Building Inspector to withhold further Building Permits if that directive is not followed. MR. CLAUSEN moved that the Building Inspector be instructed not to issue any Building Permits or Certificates of Occupancy in Ye Olde Apple Orchard development if the specifications within the letter from the Dutchess County Department of Health are not complied with. within the stated period of time. Seconded by Mr. Jensen. Motion Unanimously Carried Supervisor Diehl recognized Alfred Trautmanns, Vice President of Triangle Pacific Cabinet Corp. owners of Royal Ridge roads:(aka Mid -Point Park) who was present to request the Town to accept the roads in this development and relieve the Corp. of the Performance Bond. - Mr. Horton Highway Superintendent, recommended that the Town accept the streets in Revere Ridge (Mid -Point Park) due to the fact that they have exceeded by approximately 70% over what the original plan called for, they have put extra drainage and so on and so forth, putting up money for downstream drainage, and blacktopped and done a lot of things that wasn't on the original plan. _Mr. Rappleyea indicated that Mr. Trautmanns would have,to supply the Town with a new bond to provide for a years maintenance which is 10% of the original bond and he and Mr. Lapar have examined the deeds, they are in order, so that he feels a resolution can be adopted, assuming Mr. Horton agrees that the roads be accepted, subject to Mr. Trautmanns filing with. the Town the 10% maintenance bond and as he understands it a deposit will be made with the Town for taking care of the downstream drainage problem. (This matter to be taken up at a later point in the meeting). A letter was received from the Town Planning Board inquiring from the Town Board about the progress of the acquisition of the Tall Trees water system. Mr. Diehl recommended the Planning Board be notified as to the status of this acquisition. 2-9 3 Notice of Public Hearing in the matter of the Application of the Town of Wappinger water supply application #6364 (for the Tall Trees water system) had been received from the New York State Department of Environmental Conservation stating this hearing would be held at the Town of Wappinger Town Hall on December 28, 1973 at 11:00 A.M. The following letters were received: November 27, 1973 Town Board Town of Wappinger Wappingers Falls, New York Re: Fleetwood Manor Wastewater Treatment System Gentlemen: We have finally been able to get confirmation of our order for the sludge return pumps at the above wastewater treatment plant and hope to get delivery very soon. The comminutor which would fit into the existing comminutor chamber is no longer being manufactured. We have obtained drawings of some of the other comminutors and are unable to adapt these to the existing chamber. Therefore we would like to recommend that Mr. Lapar look into the feasibility of installing a new comminutor chamber. It might also be well for him to think about incorporating a grit chamber and parshall flume with a flow meter. We like to see a bar screen following the comminutor to insure removal of burden- some materials. These items would be very helpful in the daily operation and control of this facility. We are of course available to discuss the operator's needs with Mr. Lapar in order that he design the most functional system from an operator's view. Yours very truly, Camo Pollution Control, Inc. s/ George B. Cacchio, Pres. December 3, 1973 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Re: Fleetwood Manor Wastewater Treatment System Gentlemen: On April 12, 1972, the Dutchess County Health_ Department approved plans for the modification and improvement of the above referenced sewage treatment plant. 294 If the Board will authorize the necessary funds, I am sure we can revise the plans to incorporate any additional modifications and improvements as. requested in Mr. Cacchio's letter of November 27, 1973. Very truly yours, s/ Rudolph E. Lapar, P.E. MR. JENSEN moved that the Board take the recommendations of Mr. Lapar and Camo to buy the new comminutor and have it installed,: put out for bid for purchase. Seconded by Mr. Clausen. Some discussion followed this motion, and it was generally agreed to hold up on it until the Engineer could provide an estimated cost figure. A notice of Public Hearing was received from the Town of Poughkeepsie pursuant to Section 264 Town Law, stating that the Town of Pough- keepsie would holda hearing on a proposed new master plan, zoning ordinance and map, on December 12, 1973. Mr. Diehl directed the Notice of Public Hearing be received and placed on_file.+.. The following letter was received: 8 Mohawk Drive Wappingers Falls., NY December 3, 1973 Mr. Louis Diehl Town of Wappinger Supervisor c/o Town Hall Mill Street Wappingers.Falls, N.Y. Dear Mr. Diehl, As President of the Town of Wappinger Little League, I would like to personally thank each and every member of the Town Board for their tremendous support and sponsorship of the 1973 New York State Senior League championship team. 0' I would also like to thank the Board and Recreation Commission on behalf of all the members of our league for providing the necessary facilities each year to make our program a tremendous success. With 1973 coming to a close, we are now in the process of making plans for 1974, whereby expansion is inevitable not only in:the.__ area of the present boys' baseball program, but also in the area of generating a girls'. softball program. I hope we can look. forward to your continued support for the future. Again, thanks. Sincerely yours, s/ J.J. Ennesser ! I 295 MR. DIEHL moved this letter be received and placed on file. Seconded by Mr,. Clausen. Motion Unanimously Carried The following recommendation was received: December 6, 1973 Town Board Town of Wappinger Mill Street Wappingers Falls, New York 12590 Re: Valley View Farms - Proposed Planned Unit Development of Property Located on River Road. Gentlemen: - Attached are copies of the Land Use Study and Sketch Plan for the proposed Planned Unit Development known as Valley View Farms. The Planning Board of the Town of Wappinger herewith renders. their favorable report on the proposed Planned Unit Development. The Planning Borad favors the concept presented in the sketch plan and the land use study as they feel it is far superior to the 329 -lot subdivision which was previously approved for the property. The Planning Board respectfully requests that the Town Board review the application under the Planned Unit Development Ordinance and recommends that your Board schedule a Public Hearing for the purpose of considering PUD districting. Respectfully yours, s/ Betty -Ann Geoghegan, Secr. Mr. Diehl directed this recommendation be received and placed on file. The following letter was received: December 6, 1973 Town Board _ - Town of Wappinger Mill Street Wappingers Falls, New York 12590 Gentlemen: The Planning Board would unanimously -like to take issue with the Recreation Commission minutesrof November 8th, 1973. The Board feels that there is no basis for the statements made in the minutes with -regard to the Planning Board. (Copies of said minutes are attached). It has been the Planning Board's policy over the last several years to refer subdivision plans to the Recreation Commission when said plans are received and ask that they report back on a specified date. On.occasion the Planning Board has received some reports but feel that this does not happen on a timely basis. The Planning Board has received no response on a number of plans and must assume, therefore, that the recreation areas shown are acceptable. The Recreation Commission may be unaware that the Planning Board is required by Law to act on subdivision applications within 45 days of the Public Hearing. The Planning Board is unaware of any recreation areas proposed within the last few years that the Commission has found unsuitable. The Board has tried and will continue to try to establish recreation areas that are quitable to all parties involved. The Planning Board would certainly welcome any members of the Recreation Commission at meetings and would like to suggest that this be done so that better communciation may be established between the Commission and the Planning Board. Respectfully your s, s/ Betty -Ann Geoghegan, Secr. Town of Wappinger Ping. Bd. MR. JENSEN moved that the, Town Board follow up to the two Boards in question, that they possibly should visit each other at their respective meetings, and have someone available when the subdivision plats are being approved. Seconded by Mr. Holt. Motion. Unanimously Carried Mr. Diehl recognized Joseph Incoronato, who had a few remarks to make regarding the Southern Dutchess 1990 Plan. He read the follow- ing: THE NEED FOR INTERIM LEGISLATION PENDING ADOPTION OF A REVISED - TOWN OF WAPPINGER ZONING ORDINANCE d Preface: The ongoing preparation of Wappinger's comprehensive master plan by Frederick P. Clark Associates planning consultants, and the enactment of new zoning legislation are time-consuming projects. And, from the conceptual stage until final implementa- tion of the ordinance, there is a real and growing danger that landowners may try to circumvent the objectives of the plan by establishing incompatible .and ' undes ireble lance uses dur n4' ,th.." :pterim-.,period, 2111 New York state courts have been sensitive and have responded favorably to the needs of communities seeking to maintain the status quo for reasonable periods of time needed to prepare major zoning legislation. Legal guidelines and court decisions supporting the rights of municipalities to employ interim or "stop -gap" zoning /3 297: are described in Anderson's New York Zoning Law and Practice, second edition, 1973, section 5.09 (attached). Presently, in the Hudson Valley, the Town of Newburgh (accord- ing to Town Attorney Donald Becker) has a six-month freeze on mult--- dwelling housing units, subject to a major revision in Newburgh's master plan. In Rheinbeck, a temporary moratorium on PUD construc- tion is in force. And, in Rockland County's Town of Ramapo, a six- month building suspension was invoked while the town assembled appropriate zoning laws. So, therefore, to achieve beneficial town growth and develop- ment, avoid overcroawdig of the land, prevent population congestion, protect the environment, and promote the general welfare -- The Wappinger Conservation Association has passed a resolution calling for the Wappinger Town Board to adopt with dispatch a tem- porary zoning amendment prohibiting the issuance of building permits for residential construction (houses or multi -dwelling units) any- where in the town. s/ Joseph Incoronato Pres. Wappinger Conservation Assoc. He also read from New York State Office of Planning Service legal memorandum dated July 1969, quote from New York Base of Hasko Electric Corp.:V Dasler. He also indicated the same conclusions were reached in the matter of LoConti V Utica & Rubin V McAlevey. Mr. Rappleyea indicated the Town has certain features built into its ordinance. When the Town proposes to adopt a change, from the date the change is introduced for Public Hearing, for a period of 60 days, the Building Inspector can not issue any building permits. Mr. Incoronato insisted this is not a long enough period of time - 6 months would be needed at least, to implement the 1990 Master Plan - - Warren Strohm, along these lines, indicated that the ZRAC has requested an executive meeting with the Town Board and the Planning Board for early next month for the purpose of discussing plans for enactment of a Master Plan developing a zoning ordinances and a moratorium in the interim until the Master Plan takes effect. It was agreed by the Town Board to establish the 15th of January for an executive meeting with the Planning Board and ZRAC at 7:30, Town Hall. 2 9 The Board went back to the unfinished business of Revere Ridge (Mid -Point) roads. Mr. Lapar indicated that he and Mr. Horton agreed that $2,000 would be acceptable to do some 1,000 feet of downstream drainage. MR. SALAND moved that the roads in Revere Ridge (Mid -Point Park) known as: Sabre Lane, Maurice Drive, Martin Drive, Gabriella Road, Dorett.Lane and Joel Place and a spur which is as yet unimproved,, upon the recommendation of the Highway Superintendent, be accepted as and for Town roads in the Town of Wappinger, subject to filing of aone year maintenance bond to be in the amount of $7,800 which is 10% of the performance bond on file with the Town; further, that the ToWn accept a payment of $2,000 for the downstream drainage ten- dered -by Triangle Pacific Cabinet Corp. Seconded by Mr. Clausen. Motion Unanimously Carried The Board went back to the letter from Camo regarding a comminutor for the Fleetwood Sewer Plant. Mr. Lapar indicated that Camo's letter asked for a reconstruction of the whole comminutor chamber which could run into a couple of thousand dollars. Mr. Lapar recollected that there were a couple of other things that were to be done at Fleetwood for the last 6 years, but there aren't suf- ficient funds, someone will have to devise a method for obtaining the funds before anything can be done. Mr. Clausen suggested bidding all the necessary work, and Mr. Lapar said this has been done several times already and has these figures on file in his office. The last bid in 1972 was for about $12,000 that was without the comminutor. Mr. Clausen asked if it would be advisable to go out for bid for these items so the Town Board would know the total of how much would have to be raised. Mr. Jensen asked what effect it would have on the contractor if it were staged. Mr. Lapar indi- cated that if a contract isn't signed within 45 days for everything the portions the Board cuts out the contractor is no longer obligated to. 299 MR. JENSEN moved that Mr. Lapar be authorized to bid for all the work that was needed in the Fleetwood Sewer Plant, to be bid as line items incorporating Camo's recommendations. Seconded by Mr. Clausen Motion Unanimously Carried The following letters were received: November 29, 1973 Town Board Town of Wappinger Town Hall Wappingers Falls, New York Re: Proposed Shopping Center US Rt 9 & Myers Corners Rd. - Wappingers Falls, NY Dear Sirs: The resolution granting Preliminary Site Plan Approval for the above project states in condition #20 that "Final Site Plan Approval shall not be given until plans for correction of existing downstream drainage problems are positively formed." To meet this requirement will cause an extensive delay to the project (six months to one year) which would prohibit the pro- ject from going ahead. Therefore, in order to proceed with this Project, the Kent Sussex Company would like to provide the Town with a Performance Bond in the amount of $40,000 to guarantee our share of the downstream drainage improvements, which are to be based on the percentage of storm water runoff from the proposed development relative to the overall drainage areas' contribution to Hunters Creek and subsequent- ly to Wappingers Creek. In addition, we are proposing, at our ex- pense drainage improvements along the westerly property line of the Niessen parcel. The drainage area to be considered is extensive and the $40,000 commitment, in our estimation, represents two to three times the amount that would be levied against the project, based on a pro- portionate percentage. However, I am willing to obligate my company to the $50,000 amount, with the surplus above our true percentage being used to defray the cost of the improvements to Hunters Creek in consideration for the Town Board -(including the Town Planning Board) deleting item #30 from the resolution granting Preliminary Site Plan Approval. Very truly yours, Kent Sussex Company s/ Bernard R. Cascio 3 0"0' December 10, 1973 Town Board Town of Wappinger Town Hall Wappingers Falls, N.Y. Re: Proposed Shopping Center US Route 9 & Myers Corners Rd. Wappingers Falls, N.Y. Gentlemen: In reference to Kent -Sussex Company's letter of November 29, 1973, it is our recommendation that the Town accept the performance bond at this time and the $40,000 cash at some later date. Very truly yours, s/ Rudolph E. Lapar P.E. Engineer to the Town Mr. Rappleyea, upon being asked by Mr. Diehl, if this would be in order, stated that he could approve the wording of the bond, but he would say if Mr. Lapar's estimate of what their responsibility would be would fall within that range he could see that as a reason- able suggestion that, in effect they are guaranteeing to do the work we say they have to do. Mr. Clausen questioned Performance Bonds - quering whether it wouldn't be better to post a cash bond, he would certainly approve it if it were cash. MR. CLAUSEN moved to accept the proposal of Kent Sussex Company,_.. stipulating that the firm of Kent Sussex deposit with the Town of Wappinger the sum of $40,000 cash to be placed in ,an escrow account for the purpose of insuring the completion of the downstream drainage, and pursuant to an agreement in form approved by the Attorney to the Town, and further, subject to the condition that they complete the drainage on the Niessen property. Seconded by Mr. Jensen. Motion Unanimously Carried The Town_Board, _taking under consideration the receipt by the Town Clerk on December 6, 1973, of the recommendation of the Town of Wappinger Planning Board concerning a PUD for Valley View Develop- ment discussed a date for a public hearing on the matter pursuant to the Town of Wappinger PUD Ordinance. MR. CLAUSEN moved that a Public Hearing be set for January 16, 1974 at 7:30 P.M. EDST at the Town Hall, Mill Street, Wappingers - Falls, New York on the application of Nattin Realty Corp. for consideration of a proposed zoning amendment for a Planned Unit Development for Valley View Farms; further that this application be referred to the Dutchess County Department of Planning, pursuant to Section 239m of the General Municipal Law, and the Engineer to the Town for their review and recommendation, and the Town of Fishkill pursuant to Section 264 of Town Law. Seconded by Mr. Jensen. Motion Unanimously Carried The following letter was received: 43 Brothers Road Wappingers Falls, N.Y. November 28, 1973 Town Clerk's Office Mill Street Wappingers Falls, N.Y. Dear Mrs. Snowden: 30X: As advised by Mr. Diehl, I am writing to request that the Town Board consider a minor change of schedule in water line construction. The pipe line from the Hilltop Works is only about 250 feet from the front of our house, and Mr. Diehl informs me that the extension of it is about two years away. Though I hesitate to ask for preferential treatment, it does seem that this line could be brought that far in a day or so, relieving me and my family of what has become an intolerable situation. When my well began to fail, we re -drilled to a depth of 400 feet, at which point the driller advised that there is no prospect of hitting more water in that hole. Drilling yet another well (to use for only two years) seems inad- visible, since even my neighbor's well, once a very good one, is now bringing in only six gallons per hour. As for our well, it is now down to 20-30 gallons per day, plus whatever I can carry in buckets. I leave the details of this kind of living to your imagination. My family and I will appreciate your earliest consideration of this proposal. Mr. Diehl commented that the Boardhad discussed this problem with_ Mr. Lapar. It appears at this time that the Town Board and Mr. Lapar have had many requests for variances from Mr. Lapar's detailed study of the installation of the water lines. It was his understand- ing that the Board felt they should stick with Mr. Lapar's direction so the project could be completed in an orderly fashion. Mr. Holt submitted that this Board is on record as having made an exception on occasion in the matter of connecting individual homes to Rockingham Farms Sewer lines in order to abate a hardship sit- uation and he feels that the Board might do well to consider this request favorably as well for the same reasons. Mr. Saland com- mented that the Board should weigh very heavily the advice of the engineer on decisions of this nature. MR. CLAUSEN moved, as a result of meetings with the Engineer to the Town and the Board, that the Board send a letter to Mr. Stewart, advising him that the Town is going to keep on schedule with the program of water and sewer districts presently_before them, and that if in the near future, changes would allow the Town to _extend the lines beyond that which are now planned, at that time Mr. Stewart's request might be reconsidered. Seconded by Mr. Jensen. Roll Call Vote: Supervisor Diehl Councilman Clausen Councilman Holt Councilman Jensen Councilman Saland Aye Aye Nay Aye Aye The following letter was received: Supervisor & Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York Re: November 29, 1973 WSA #6190, Approval of Plans Central Wappinger Improvement Area Contract #2, (T) Wappinger, Dutchess Cty. 3 03 - Gentlemen: We have, this day, approved the plans and specifications submit- ted by Rudolph E. Lapar, P.E. for a :;project including approximate- ly 4,850 i.f. of 8" cast iron watermain and appurtenances. Application for this project was duly made by you and received in this office on October 3, 1973. We call your attention to Standard Conditions A&B and Special Conditions C&D of San Form 107 entitled, Approval of Plans. We are enclosing a Certificate of Approval. A copy of the approved plans and specifications is being'retained in our files, a second set is being sent to the Dutchess County Health Depart- ment, and the third set is being sent to yourengineer. You should soon receive notification from the Department of Environmental Conservation on the other aspects of this project. Very truly yours, s/ Gilbert M. Faustel, P.E. Chief, Water Supply Design & Construction Section / MR. CLZUSEN moved this appnaval be received and placed on file. Seconded by Mr. Jensen. Motion Unanimously Carried The following letter was received: November 23, 1973 Town Board, Town of Wappinger Town Hall, Mill Street Wappingers Falls, New York Gentlemen: On the evening of November 20, 1973, this court was called on to conduct a matter requiring a jury and, of course, used our Town Hall for this proceeding. At that time, this court was appalled at the condition of the room. There were papers and records stored in paper cartons and various planning maps on the walls. We are aware that the Tax Collector and the Planning Board along with you gentlemen use these facilities, and we do not criticize any of these agencies. We do, however, vehemently complain that such facilities are not condusive or appropriate for the conduct of court proceedings. In short, gentlemen, our town has reached the stage where expanded court facilities condusive to the proper administration of justice are urgently required. May weurgethat the Town Board take immediate action to provide a minimum of 1500 sq. ft. of space, so that the Town Court of this Town may be conducted in an atmosphere that would meet the approval of both the Town Board and the citizens of the Town of Wappinger as well as meeting the standards recommended by the 4` Judicial Conference of the State of New York. Respectfully, s/ William Bulger Vincent Francese Town Justices Mr. Holtcommented that the. Building Committee has already worked on some of this. Mr. Jensen added that they had looked at a few sites that have been suggested, and they seem to be inadequate for the needs of the court. Judge Francese mentioned a facility pres- ently,vacant on Myers Corners Road that might suffice, although he hadn't seen it. Mr. Jensen responded that he hadn't inspected this particular location but would like to see one closer to the Village. Mr. Clausen mentioned he had received another call from Mr. Silver who owns the building across the street (old Sweet -Orr building) and has been informed that the lower level is now available and Mr. Silver gave the proposition to the Town when and if the Town should look around for cost square footage that he would put that ground floor into tip top condition with new walls, ceiling, air- conditioning, lighting, everything the way it should be, providing that the Town come in with a figure on square footage that he -feels he could meet and Mr. Silver feels he could do this within a period of a month or two. Mr. Clausen feels with fixing up the outside to be presentable also, it's a very good possibility that the Town could move, it's quite a big space over there for an immediate occupancy for various meeting rooms and as Justice Court it might be a possibility. Judge Francese indicated he also had spoken to Mr. Silver, and believed he wanted a minimum of a five year lease, and recommended the committee look very seriously into what Mr.. Silver's conditions were, as he already has a problem with parking according to the Village Zoning Ordinance. Mr. Saland, knowing the conditions of the present facilities of Justice; Court, said he would like to see the House Committee within perhaps the next L L two or three months,_come in with alternatives, eitherthe cri- teria_being a lease not to exceed twoyears with option to renew so that if the Town has a new Town Hall, we're out, if not, we can renew, at our own option and with the requirement that the /court have requested a minimum of 1,500 square feet. Mr. Diehl believed it would be advisable for the House Committee to follow Mr. Saland's suggestion. The following resolution was offered by COUNCILMAN HOLT who moved its adoption: WHEREAS, the Town of Wappinger, in order to provide for a planning study contributing to an overall program for its future communitydevelopment, desires to participate in the Federal -State Comprehensive Planning and Management Assistance Program as authorized by Section 701 of the Housing Act of 1954, as amended, and Article 26 of the New York State Executive Law, and WHEREAS, the New York State Office of Planning Services, under authority of Article 26 of the New York State Executive Law, is the official State planning.agency,designated to administer Federal and State funds under the provisions of Section 701 of the Housing Act of 1954, as amended, now therefore, be it RESOLVED, that the Town Board of the Town of Wappinger hereby requests the New York State Office of Planning Services to provide planning assistance under authority of Article 26 of the New York State Executive Law, with such financial assistance as may be pro- vided by the United States Department of Housing and Urban Develop- ment, under authority of Section 701 of the Housing Act of 1954, as amended. Such planning assistance is more particularly des- cribed in the project application. RESOLVED, that if the aforesaid application is approved and accepted by both the Director of the New York State Office of Planning Services and the Department of Housing and Urban Develop- ment, the Town of Wappinger shall enter into a formal agreement with the New York State Office of Planning Services to undertake the project described in the approved application and to pay to the State of New York its share of the estimated total cost of the said project, together with such other terms and conditions as may be deemed necessary and appropriate to carry out the said project. RESOLVED, that the Town of Wappinger hereby agrees to have available, ,in the year the project is to be completed, the sum of $1,636 or so much thereof as may be necessary to contribute a sum not to exceed 4' of the total cost of said project, to be paid to the State of New York, on condition that the above-mentioned application is approved by both the Department of Housing and Urban Development and the Director of the New York State Office of Plan- ning Services. Seconded by Mr. Clausen. Motion Unanimously Carried Supervisor Diehl called for a recess at 11:15 P.M. Supervisor Diehl called the meeting back to order at 11:40 P.M. All Board members again were present. The following resolution was offered by COUNCILMAN CLAUSEN who moved its adoption: BE IT RESOLVED that the Town Board of the Town of Wappinger does hereby elect to come under the provisions of Chapter 1006 of - the Laws of 1966, as presently or hereafter amended and entitled "An act to amend the Retirement and Social Security Law, in rela- tion to establishing non-contributory retirement plans and ord- inary death benefits for state employees and members of partici- pating employers"; and BE IT FURTHER RESOLVED that the members' contributions in the employ of the above shall be suspended and that the effective date of such suspension shall be the payroll period beginning on the 7th day of January 1974. Seconded by Mr. Jensen. Motion Unanimously Carried A Public Hearing having been duly held on November 14, 1974, on the application of U.S. Cablevision Corp. for an increase in their cablevision rates, Affidavits of Posting and Publication having been offered for the record at the time of Public Hearing, and all persons desiring to be heard having been heard, the matter was placed before the Board for their consideration) There was some discussion on the subject by Charles Cortellino and Louis Eck, contending service was not exceptional and the increase was not warranted. ,. The following resolution was offered by COUNCILMAN CLAUSEN who moved its adoption: RESOLVED that the Town of Wappinger approve the increase in rate requested by US Cablevision Corp., granting the change of CATV rates from $4.85 per hook-up to $6.00 per hook-up. Secondedlby Mr. Jensen Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Aye Councilman Holt Aye Councilman Jensen Aye Councilman Saland Abstain L It was agreed by the Board that a letter be directed to Mr. Harry Calhoun reguesting his presence at the next regular Town Board meeting -to answer any questions residents may -have regarding ser- vice etc. of cablevision. A Public Hearing having been duly held on a Newsprint Ordinance on December 10, 1974, the matter was placed before the Board for their consideration. Supervisor Diehl directed this matter be tabled. A request was received from the Supervisor's office for transfers of funds. The following resolution was offered by COUNCILMAN CLAUSEN who moved its adoption: WHEREAS, the sum of $5,000 has been appropriated to Account #A3510.1. This account has been overexpended and overdrawn by the sum of $581.67. In order to meet bills presented for payment, the additional monies were obtained from jAccount *A1990.4. We, therefore, recommend that the Town Board authorize the transfer of the sum of $2,000 from Account #A1990.4 to Account #A3510.1 in order to eliminate the overdraft and reimburse said account and in order to meet future bills presented for payment against said account, and in order to ratify and confirm the previously unauthorized appropriation. RESOLVED, that the sum of $2,000 be and the same hereby is appropriated to Account #3510.1 and that the said sum is hereby transferred thereto from Account #A1990.4. WHEREAS, the sum of $5,000 has been appropriated to Account #A3510.4. This account will be overexpended and overdrawn by the end of the year, and in order to eliminate, an overdraft on bills presented for payment, we, therefore recommend that the Town Board authorize the transfer of the sum of $1,000 from Account #A1990.4 to Account #A3510.4 in order to eliminate an overdraft. RESOLVED, that the sum of $1,000 be and the same hereby is appropriated to Account #A3510.4 and that the said sum is hereby transferred thereto from Account #A1990.4. Seconded by Mr. Holt. Motion Unanimously Carried 3s 07. w The following Ordinance was introduced by COUNCILMAN HOLT who moved its adoption and seconded by Councilman Jensen. FIRE PREVENTION ORDINANCE OF THE TOWN OF WAPPINGER (copy of which is attached hereto and made part hereof of the minutes_of this meeting). COUNCILMAN HOLT moved that the reading of introduction of the Fire Prevention Ordinance be waived. Seconded by Mr. Jensen. Motion Unanimously Carried COUNCILMAN CLAUSEN' moved that a public hearing be set for January 14, 1974 at 7:00 P.M. EDST at the Town Hall, on a proposed Fire Prevention Ordinance of the Town of Wappinger at which time all interested persons will be heard either in favor of or in opposi- tion to it. Seconded by Mr. Jensen. Motion Unanimously Carried MR. CLAUSEN moved that the year end Auditing Meeting be set for January 15, 1974 at 7:00 P.M. at the Town Hall and further, that the Reorganizational Meeting be held on January 2, 1974 at 5:00 PM at the Town Hall, Mill Street, Wappingers Falls, New York. Seconded by Mr. Jensen. Motion Unanimously Carried The vacancy on the Town of Wappinger Planning Board still being unfilled the matter was placed before the Board. MR. CLAUSEN moved to table action on this vacancy to the January 14, 1974 regular monthly meeting. Seconded by Mr. Saland. Motion Unanimously Carried s o� A letter was received from Arthur Waddle, Superintendent of the Water and Sewer Plants regarding two quotes he had received for fencing at the Fleetwood Water and Sewer Plants, and a bid was also received from Peter Muro for replacing shingle and rolled roofing on the Fleetwood Water and Sewer plant buildings. It was agreed to holdthebids for the fencing temporarily. MR. CLAUSEN moved to accept the bid of Peter Muro for the replace- ment of rolled roofing on the Fleetwood Water Plant Building for $275.00 and rolled roofing on the Fleetwood Sewer Plant Building for $275.00. Seconded by Mr. Jensen. Motion Unanimously Carried A sport was submitted by Rudolph E. Lapar, Engineer to the Town on the Rockingham 'Farms drainage problem. Mr. Diehl directed Mr. Lapar's report on Rockingham drainage be tabled until; the Board had had a chance to- go over it. The following resolution was introduced by COUNCILMAN CLAUSEN who moved its adoption: WHEREAS the Hughsonville Fire Company, Inc. has approved and consented to the formation of such association, and the Hughsonville Fire Company, Inc. has relinquished and assigned to such association all right and interest in the tax imposed by Section 553 and 554 of the Insurance Law, and WHEREAS the proposed special act of the legislature creating such association has been examined, NOW THEREFORE BE IT RESOLVED, that the Wappinger Town Board hereby approves and consents to the formation of the Hughsonvill Fire Company Inc. Volunteer Exempt Firemen's Benevolent Association an relinquishes and waives to such association all interest to the tax imposed by Sections 553 and 554 of the Insurance Law. Seconded by Councilman Saland Roll Call Vote: 5 Ayes 0 Nays The following letter was received from Mr. Lapar: December 10, 1973 TO: Town Board, Town of Wappinger FROM: Rudolph E. Lapar, P.E., P.C. Eingineers to the Central Wappinger Water Improvement 310.: RE: Central Wappinger Water Improvement Recommended Rate Schedule Until such time as sufficient customers are incorporated into the financial structure of the Central Wappinger Water Improve- ment, the following water rates are proposed: 1. $15.00 as a minimum charge for at least 1,200 cubic feet of water per quarter. 2. For all water over 1,200 cubic feet each quarter, the charge will be 65per 100 cubic feet. Town Board Town of Wappinger Town Hall Wappingers Falls, N.Y. 3.1 Gentlemeni Rudolph E. Lapar•:, December 4, 1974 JR3:' Water & Sewer Permits Inspection Fees Enclosed herewith please find a copy of my letter to John Holler. It will be appreciated if inspection fees can be set at the next regular Town Board meeting so that urgently needed permits can be issued. It is further recommended that permits be issued with the understanding that fees, if any, will be paid after the December meeting of the Board. 1'" • - Very truly yours, s/ Rudolph E. Lapar, P.E. Mr. Lapar syiggested that the Board intended to do anything they should accept the agreement with Hill Top Water Works Company, accept the rates and the permits. MR. HOLT moved that, in accordance with Mr. Lapar's recommendation the agreement with Hill Top Water Works be accepted; the fee of for $15.00 be established as the minimum charge/at least 1,200 cubic feet of water per quarter, that all water over 1,200 cubic feet; and the proposed permit hook-up fee of $15.00 and permit for water and sewer, submitted by Mr. Lapar, be adopted. Seconded by Mr. Clausen. Motion Unanimously Carried. 311E The following letterwasreceived: December 10, 1973 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen: This letter is in response to a request from the Supervisor regarding the question as to whether or not the Town should appeal the establishment of a new equalization rate within the Town of Wappinger for County tax purposes. I have examined the records of the Board of Representatives of the County of Dutchess and I find that on November 28, 1973, the County Executive filed a new equalization schedule which will be applied to Dutchess County for tax purposes for taxes to be collected in 1974. This equalization rate is the same as that established by the New York State Board of Equalization and Assessment. Pursuant to state law, the New York State Board of Equalization and Assessment would be the reviewing agency if the Town appealed the County Executive's determination. As the New York Board of Equalization and Assessment has a substantial interest in main- taining the new rate in that it has studied the various sales throughout the town the past several years, I believe it would be a fruitless task to appeal the new rate. It is my opinion, therefore, that nothing should be done at this time to attempt to overcome the proposed equalization rate of the County of Dutchess for taxes to be collected in 1974. Very truly yours, s/ Allan E. Rappleyea MR. HOLT moved that Mr. I,ppleyea's opinion letter regarding his recommendation as to the possibility of appealing the County equalization rate be accepted and placed on file. Seconded by Mr. Clausen. Motion Unanimously Carried. John Schouten, being recognized by the Chair, asked if there was any possibility that Ketchamtown Road be straightened at the point where Central Hudson is installing the light instead of having that e light installed. Mr. Horton said he'd have to look at it, it would mean acquiring some land. Mr. Clausen added that the light could be removed at some future time if the situation changed. Mr. Clausen took the opportunity on behalf of residents of the Town and himself, and presumed the Board, to thank Harry Holt for the term which he has now served and wished him well in whatever future aspirations he may have. Mr. Holt thanked Mr. Clausen. MR. HOLT moved to adjourn, seconded by Mr. Clausen and unanimously carried. The meeting adjourned at 12:25 A.M. Elaine H. Snowden Town Clerk Reg. Mtg. 12/10/73 •