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1971-01-11 RGMAGENDA - TOWN BOARD JANUARY 11, 1971 1. '.Supervisor Call Meeting to Order 2. Roll Call 3. REPORTS OF OFFICERS Building Inspector -- Town Justices -- Supervisor Monthly & Annual Annual Report, Mrs'. Alsdorf Bills: General Fund 1970 Highway L l O9 ( 79 Oakwood WD Oakwood SD IS 8i II�? The Regular Meeting of the Town Boarciof the Town of Wappinger was held on Monday, January 11, 1971, at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:08 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman Harry Holt, Councilman James Mills, 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 Reports for the month of December were received from the Building Inspector, Town Justices and the Supervisor. MR. CLAUTSEN moved the reports be received and placed on file. Seconded by Mr. Mills. Motion Unanimously Carried Mrs. Alsdorf, Town Historian, gave the following Annual Report: Your 'down Historian submits the .following report for the= year 1970: Attendance at the following greetings `for historians: Association of Towns and Villages in February. Two meetings in Kingston for local appointed historians. Four meetings of the Dutchess County Historians' Association. New York State Historical Society meeting in Cooperstown, N.Y. Various lecture meeting and one tour meeting of Dutchess County Historical Society. Each of the above provided important information bearing upon local history, its recording and preservation. Although the meeting I attended in Albany in October was in another capacity than Hisorian for Town"of Wappinger, I found the import of that meeting extremely relevant to my office of Town Historian in, that information regarding Al -centennial Celebration was given to those present. In April I was chosen representative of the Dutchess County Historians'and when they organized in May I Was elected president of that Society. I was highly instrumental in the formation of a second organiza- tion of historians. This organization is known as the Hudson Valley Historians Association. You may justly ask "What bearing does this have upon the office of Historian for the Town of •Wappinger'at The answer is easy, through these two organizations a network for exchange of historical information has been set up enabling historians to have close communication, thus facilitating an easy flow and exchange of information and ideas regarding being a local historian. The first meeting of Dutchess County Historians was held in Wappingers -Falls. As one of the results,historians from Dutchess County were introduced to our highly valuable Clapp paintings and our delightful library. In March your historian requested loca legislation for pro- tection of old and abandoned cemeteries. As of now nothing definite has come of that request but hopefully the way will soon be cleared, as it is being worked upon. Through requests to your historian from far away -states and Canada your historian has uncovered information on the families of Diehl, Sutherland, Townsend and Hughson. Some requests are so vague in back ground that although I am working on them nothing has been revealed. In October I assisted as hostess at the receiption held in Grinnell Library, at which time Mrs. IrvingClapp was honored for her generosity in making the Clapp pictures available to the Grinnell Library. COntinue as Chairman of group from Wappinger's Historical Society, which is cleaning, restoring and redecorating the upper rooms in Brewer-Mesier house. This is taking -a long-time due to lack df workers and the cold weather. A food sale in the Spring of '70 netted funds to purchase paint and other materials for one room. Assisted several students, Elementary through College levels to find materials on local history. Communicated with Mr. Petrovits, County Highway Supervisor regarding safety of the old watering trough on Creek Road in the Town of Wappinger. Received written assurance that before any work is begun on -that road we will be notified so that the trough may be moved to safety. Continued file record of old historical facts. Continued scrapbook of current history. Working on index of old record books. Attempted to interest local teachers of history in forming Yorker Clubs in the schools. This was unsuccessful. Found 4n artist, Mr. Q. Groenwegen, who was willing to do an oil photograph of Mr. Clinton Clapp using a black and white print as guides. Had copies made from original photographs of interior of Brewer-Mesier House. Photographs loaned by Mr. Willis L. M. Reese, Photography done by Mr. William Aursewald. Currently working on restoring to a readable state an old newspaper printed in Dutch, we believe in late 1600's. A translator has been found and we hope to soon know more about this find. Several photographs have been taken of old houses and other 3 1 buildings in this township. Respectfully submitted s/ Dorothy B. Alsdorf Bills were presented for payment as follows: General Fund 1970:$11,344.81 General Fund 1971: $ 3,178.71 Highway Fund$4,081.99 OKWD $ 116.88 OKSD 15 9.7 9 RFSD 269.76 F1tWD 118.70 F1tSD 255.77 MR. FINNAN moved the bills be paid, subject to audit, seconded by Mr. Clausen. Motion Unanimously Carried Supervisor Diehl requested permission to make a trip to Ohio, January 25th to 27th, 1971, to review and inspect the operations of a land- fill site using the roto -shredding process (that was originated by Refuse Processing Industries). The trip is in connection with the Board of Governors for the Poughkeepsie Wappinger Landfill Project. MR. MILLS moved that Mr. Diehl be granted permission to make the trip to Ohio, and that his legitimate expenses be a Town charge. Seconded by Mr. Finnan. Motion Unanimously Carried Two letters were received from companies that had done work for Vincent Dangler (YOAO) in connection with the Rockingham Farms Sewer District sewer main inspection. Robinson Pipe Cleaning Company indicated that there was an outstanding bill of $823.15 due them; and Video Pipe Grouting, Inc., indicated that there was an outstanding bill of $1,329.65 due them. MR. CLAUSEN moved the letters from Robinson Pipe Cleaning Company and Video Pipe Grouting, Inc., be received and placed. on file, and further, a letter, be directed to both companies indicating that the Board is aware of the situation and will keep the matter in mind to check the status of these debts prior to taking any action; and thee letters also be referred to Mr. Quinn, attorney for the district, Mr. Horton, Mr. Lapar, and Milton Chazen Associates, engineers for 2I the district. Seconded by Mr. Finnan. Motion Unanimously Carried A letter was received from the Town Planning Board with regard to Town Board action taken at the, December Meeting concerning investi- gation of Eugene Schuele and the possibility of a conflict of interest with him as a member, of the Planning Board. The Planning Board request ed that all Planning Board members be investigated, that the member should not be singled out. They further expressed the opinion that the Board of Ethics should also investigate each elected or appointed official to be assured that each is in no way in conflict with the standards of the Code of Ethics. MR.. DIEHL moved that the-lettei from the Planning Board regarding conflicts of interest be placed on file. Seconded by Mr. Clausen. Motion Unanimously Carried The following memo was received from the Attorney to the Town: January 7, 1971 MEMORANDUM TO TOWN BOARD MEMBER Re: Code of Ethics Enclosed is a copy of a memorandum to members of the Board of Ethics. The local law does not provide for a "confidential" member. It does provide for one member being a Town official or employee. The Board of Ethics has a function which is to: 1. Render confidential, advisory opinions to Town Employees concerning their own past or future conduct. For example: the employee may wish to know if he can engage in plumbing in the Town of Wappinger. The Board of Ethics should give him an advising opinion at his request. 2. Render advice to the Town Board with respect to amendments to the Code of Ethics. The Board of Ethics is not an agency which has any power to investi- gate activities of the Town officials or employees, It is designed solely to assist Town officers or employees and guide them along ethical lines. s/ Allan E. Rappleyea, Esq. Attorney to the Town of Wappinger MEMORANDUM TO BOARD OF ETHICS 1. The Code of Ethics sets forth a Code of Conduct for Town employees. 2. The Board of Ethics should acquaint themselves with the Local Law adopted by the Town Board. 3. The Ethics Board's function to render confidential, advisory opinions to Town employees or officials upon their request. 4. The identity of the person shall not be disclosed except as set forth in the Code of Ethics. 5. The Board shall adopt its own rules, which should be in writing and organize itself with a charman and a recording secretary. Appropriate records should be kept as to its pro- ceedings and opinions all of which shall be confidential. These records should be kept in a confidential file at the Town Clerk's Office. 6. The function of the Board of Ethics is not to act as an investigating agency but solely to render advisory opinions to Town officers or employees on their request. - Allan E. Rappleyea, Esq. Attorney to the Town of Wappinger Mr. Rappleyea commented that the memo to the Board of Ethics was sent in response to the request of Mr. Landolfi (one of the Ethics Board members) as to what the function of the Ethics Board was and how they should organize themselves. He went on to explain that the Code of Ethics, adopted by the Town Board, is, in addition to the provisions of the General Municiple Law and other statutes set up in conformity with what was recommended by the Association of Towns for other Towns. He felt, the function of the Board of Ethics, as set up in the Towns' Code, has been misinterpreted and needed to be cleared up. This Board is designed to assist Town Employees and Town Officials from avoiding conflicts of interests. If any conflict were to exist, this becomes the function of the courts, or the Town Board, to remove any such person who has violated the code. (The Code gives the Town Board this obligation and/or right.) A better name should probably be Advisory Board because it does not have a broad investigatory power, does not have the power of subpoena, or summons, or things of that nature, and further, to clear up a misconstrued interpretation, there is no allowance for a secret member. MR. MILLS moved that William J. Bulger (Town Justice) be appointed as the fifth member of the Board of Ethics, seconded by Mr. Holt. Motion Unanimously Carried MR. MILLS moved that the motion made and carried at the December 14, 1970 Regular Meeting, calling for an investigation of Eugene Schuele, by the Board of Ethics, be rescinded. Seconded by Mr. Holt. Roll Call Vote: Supervisor Diehl Nay Councilman Clausen Nay Councilman Finnan Aye Councilman Holt_ Aye Councilman Mills Aye Motion Carried The Association of Towns' Meeting will be held February 8th through 10th, 1971 in New York City. MR. FINNAN moved that permission be granted for any Town Officer, Official, or employee to attend and their legitimate expenses be a Town Charge. Seconded by Mr. Mills. Motion Unanimously Carried The Regular Meeting of the Town Board would normally fall on February 8th, 1971, which would necessitate a change in the date, since most of the Officers and Officials would be attending the Association Meeting. MR. FINNAN moved the Regular February Meeting be held on the 16th instead of February 8th. Seconded by Mr. Mills. Roll Call Vote: 4 Ayes Mr. Clausen: Nay (Mr. Clausen stated he would be unable to attend the Regular Meeting On February 16th). The term of Joseph Incoronato, as a member of the Town of Wappinger Zoning Board of Appeals expires February 1, 1971. MR. MILLS moved that Carol Waddle be appointed as a member of the Zoning Board of Appeals. The term of office to expire February 1, 1976. Seconded by Mr. Finnan Roll Call T,Vote: Supervi6or Diehl Nay Councilman Clausen Nay Councilman Finnan Aye Councilman Holt Aye Councilman Mills Ave Motion Carried A request was received from the Wappingers Central School District to use 7 of the Town's voting machines for the election of a Trustee (to replace Mr. Kerr, who had resigned) on January 20, 1971. MR. FINNAN moved that Wappingers Central District be granted per- mission to use seven of the Town's Voting Machines on January 20, 1971. Seconded by Mr. Mills. Motion Unanimously Carried The following letter was received: December 30, 1970 Hon. Louis Diehl, Supervisor, and Members of the Town Board Town of. Wappinger Town Hall Mill Street Wappingers Falls, New York Re: Dutchess Heights, Inc. Gentlemen: On behalf of my client, Dutchess Heights, Inc., formal request is being made herein for an eighty (80%) per cent reduction in the road bonds for Section One. May I respectfully further request that this letter be referred to the Planning Board for such action as may be required to implement the above. Very truly yours, s/ Joseph Worona MR. CLAUSEN moved the letter be referred to the Town Planning Board, William Horton, Highway Superintendent and Rudolph Lapar, Engineer to the Town, and Allan Rappleyea, Attorney to the Town. Seconded by Mr. Finnan. Motion Unanimously Carried . Mr. Holt, under Committee reports, asked the Clerk to read a draft of a letter addressed to Mr. Walter Cronin, Chairman of the Town of Wappinger Conservation Advisory Council regarding action taken by 14. the Council (letters sent to a select group of property ownersin the Town, soliciting donations of land to the Town for open space areas.) Mr. Holt explained that there had been the interpretation, by some recipients of the Council's request, that the Town Board was doing this,,and he personally had difficulty answering questions without having had the benefit of knowledge of Council's thought. If the Council would keep the Town Board advised as to what's going on, it would be appreciated. In this way none of the Board would be surprised by questions from interested persons in Town. Mr. Diehl directed that Mr. Cronin receive a copy of the drafted letter, and place the letter on file. Mr. Holt, with regard to the Village (he had just attended a meeting with Village Officials,) they would like to know if the Town Board would express an intent to look into the use of the Sweet -Orr Building, for if they can see their way clear they will purchase the Building (for Village Offices.) They would like a statement of intent from the Town that the Board would be willing to go along with them. It would necessitate further discussion on the part of the Board to ascertain what, in the way of office space, would be necessary and/or available for the Town's use and more information would be needed. Mr. Clausen agreed that just the intent to be interested could be expressed, but would want to know, first, what the cost, if a study was being proposed, would be before showing intent. MR. HOLT moved that the Town Board express to the Village that they are interested in making some kind of arrangement for the use of space in the Sweet -Orr Building, if and when the Village acquires it. Seconded by Mr. Finnan. Motion Unanimously Carried Mr. Finnan recommended that the Code of Ethics be placed back into Committee for further study. Messrs. Holt and Mills, on the Ordinance Committee, agreed to accept this recommendation. MR. HOLT moved for a recess, seconded by Mr. Finnan, and carried. Recess called at 8:56 P.M. Supervisor Diehl called themeeting back to order at 9:12 P.M. All Board members were present. At this time Supervisor Diehl called for a minute of silence in respect for the recent passing of Charles Sutton, who had been a Town Highway employee for thirty years; Joseph Egan, a past Post- master in the Village and Charles LeRoy, a Village Trustee for many years. A minute of silence was observed for all three men. A Local Law amending Local Law #1 of 1967 was placed before the Board. TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK A Local Law amending Local Law No. 1 of 1967 Be it Enacted by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Section 2 of Local Law #1 of 1967 is hereby amended to read as follows: Section 2. Real property owned by one or more persons, each of whom is sixty-five (65) years of age or over, or real property owned by husband and wife, one of whom is sixty-five (65) years of age or over, shall be exempt from town taxes to the extent of fifty (50%) Percentum of. the assessed valuation thereof, subject to the following conditions: (a) The owner or all of the owners of such real property must file an;application annually in the assessors' office at least ninety (90) days before the date for filing the final assessment roll or such other time or date as may be hereafter fixed by law. (b) The incomeof the owner or the combined income of the owners of the property shall not and may not exceed the sum of Five Thousand ($5,000.00) Dollars for the income tax year immediately preceding the date of making the application for exemption. The income tax year shall mean the twelve months period for which the owner or owners file a federal personal income tax return, or if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed. such income. Such income shall include social security and retirement benefits, interest, dividends, net rental income, salary or earnings, and net income from self-employment, but shall not include gifts or inheritances. (c) The title to such real property shall have been vested in the owner or all of the owners of such real property for at least sixty (60) consecutive months prior to the date of making applica- tion for exemption. (d) The real property shall be used exclusively for residential purposes. (e) The real property shall be the legal residence of and shall be occupied in whole or in part by the owner or by all of the owners of the same. (f) Applications for such exemption shall be made by the owner, oar all of the owners, of the property, upon forms prescribed by the state board to be furnished by the assessing authority, and applicants shall furnish such informa-tion and shall execute the application in the manner prescribed in such forms. Section 2. Section 3 of Local Law #1 of 1967 is hereby amended to read as follows: Section 3. 'At least sixty,(60) days prior to the appropriate taxable status date, the assessing authority shall mail to each person who was granted exe mption pursuant to this section on the latest completed assessment roll an application form and a notice that such application must be filed on or before taxable status date and be approved in order for the exemption to be granted. Failure to mail any such application form and notice or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person. Section 4. This local law shall take effect on the first day of January, 1971. Section 3. This amendment shall take effect immediately. Introduced by COUNCILMAN HOLT Seconded by Councilman Clausen Mr. Clausen asked Mr. Rappleyea if the 60 consecutive months is deemed by State Law or was it an arbitrary figure, (before setting the Public Hearing, Mr. Rappleyea would check on Mr. Clausen's question.) The next order of business would be the appointment of a Single Assessor. Supervisor Diehl said that at this time he would like to open the floor to discussion. Mr. Clausen suggested that each Board member, if he has a name, to submit to the Board, to do so for discussion purposes. Mr. Holt stated that the Board has heard names presented before the Board, those of Michael Turco, Albert Epstein, Martin Leskow, Edward Husted, and one that he had become aware of today, Thomas Logan, who would be available for the position. MR. HOLT moved the rules be suspended, seconded by Mr. Mills and carried. Mr. Louis Eck, Hopewell Road, opposed the nomination of Mr. Leskow because, he charged, that Mr. Leskow reduced an assessment after Grievance Day, and after a letter of denial had been sent to the sr aggrieved party, had done this, he charged, without the knowledge or consent of the other two assessors. He further contended that the Supervisor should investigate the charge. He wouldn't mention the aggrieved persons' name, he simply -gave the account number of 100875, Map 15, Lot 1, Bbck 4.1. Mr. Leskow 'stated that the gentleman Mry Eck referred to came before the Grievance Board, pled his case and the Board reviewed it. Thereafter, the aggrieved -got in touch with Mr. Leskow to fulfil a promise to look at the property. An appointment was made. One assessor, Mr. Myers, was on vacation in'Nova Scotia, and Mr. Turco, the other assessor, wasn't home when he called to -ask him to go along. Mr. Leskow looked at the property, saw what the man was trying to tell him, and being unable to diseuss his findings with the other 2 assesors, took it up6n himself to rectify the situation, this, he believes, is the job of the assessor. This was after grievance day, but prior to the completion of the Assessment Rolls. Mr. H. J: Farver, 65 Edgehill Drive, commented that it was after grievance day that all adjustments were made on the grievances filed on that day, and he reasoned that the charge made about the individual (by Mr. Eck) was, in the -realm of reasonable assumption, the normal result of receipt of notice of change after grievance day. He happens to feel the incumbent is an intelligent gentleman who is conscientiously attempting to do his job. Dr. Daniel Hannigan, Myers Corners Road, felt the basis for the whole problem are bad laws. Any man put in as assessor, a year from now will be put in the same postion as Mr. Leskow is in today. It would seem to him the easiest thing to do would be to follow the tax laws right to the letter, but there are inequities in using the laws, and these are what need changing. He feels Mr. Leskow is competent and had taken the trouble to educate himself in this field, has the, experience and can see no reason why this man should be dropped as 1 '0 assessor. He suggested Martin Leskow be maintained as the assessor, and the Board consider Vincent Brancato as the assistant to the assessor. Ernest Hensler, Osborne Hill Road spoke in favor of Mr. Leskow. He felt he was the man the Town should keep. Arthur Bisom, Myers Corners Road, asked that politics be kept out of the assessors' office. Mr. Leskow was a good man --keep him. Mr. Henry Blecker, 6 Gilmore Bouldvard North, was against the Board reappointing Mr. Leskow as assessor, He didn't think Mr. Leskow had even seen the properties before assessing them. Mr. Leskow answered saying he and Mr. Myers had looked at all the houses. It was discovered, however, that the mortgages had included personal property, and the assessments were adjusted to reflect these deductions. Alice Johnson,.2 Gilmore Boulevard, said there were 385 inequities in the Village. These houses are small and in comparison to other Village homes, they feel they're paying more than their fair share. Mr. Clausen took exception to Mr. Leskow's comments about not bringing politics in. He didn't think it was the opinion of the Board that they should raise or lower taxes, that's the assessors' office, the Board has nothing to do with that. Mr. Leskow said he would like to have the Board go on record, as of today, what they would like to do in the Village. Mr. Clausen replied that that is not up to -the Board, it's up the assessors' office. Mr. Leskow's comment was his hands were tied. Joseph Fulton, 18 Park Street, wondered if the Board had missed the point here tonight. He felt there was a very serious illegal of malfeasance of office that occurred in the assessor's office, this one instance in that one man, of a three man Board, has taken the unilateral action of creating a five hundred dollar a year differ- ence of a man's assessment, and also, as he understands the case, the 3 man Board of Assessors met and denied a grievance. The other 2 assessors knew nothing about this change in this assessment. One man took it upon himself to change it, and he charged that there's a serious illegality and violation of 1aipi here that should be taken to the. District Attorney and Grand Jury. He thought the Board should move on this. When the Assessment Rolls" were signed the other two assessors were deceived and there's still a case. Mr. Knud Clausen, Clapp Avenue, said he wasn't present to speak for anyone, but against Mr. Leskow. He suggested the Board take- a recess, take the names -that have been presented, talk over these names, take the one that most qualified, be it Democrat or Republican, keep poli- tics out, then vote for the most qualified man that the Board agrees about. - Howard Walker, 7 Brookside Drive, stated that, by working with Mr. Leskow for four" years had found him to be very fair, and didn't think anyone in the area knew as much about assessing. Michael Turco, Chelsea, wished to clarify one point, as Mr. Leskow had implied that on the basis of one phone call he wasn't available to consult on a decrease in assessment. He was available to consult with Mr. Leskow (but had happenedto have been out at the particular time Mr. Leskow had called). He also asked if Mr. Leskow would _clarify his statement implying that his hands were tied in the Village. Mr. Leskow said that that had all been thrashed out, Mr-. Turco asked when? Mr. Leskow said'he was referring to the meeting when Mr. Diehl came up to the office. -Mr. Turco also denied a statement that had been made by Mr. Leskow that he wished to correct the inequities in the Village but was opposed by the two other assessors. He c]ims this was not true, his only objection was that Mr. Leskow's method was unorthodox, changing assessments without viewing the properties. Mr. Charles Cortellino, Russ Place, asked why the Board didn't look for a retired person, who had no commitments, to be assessor. Armand,:Fuimarello,:" Wheeler Hill Road, said it appeared -to him that the Board was looking for a man who has integrity, is honest, has technical qualifications, experience, tact and diplomacy. He felt Mr. Leskow`came pretty close to filling these requirements. 3 2 Mr. Bisom commented that he, Mr. Leskow and Mr. Walker had planned to correct about 600 inequities in the Village but the circumstances, of neither he or Mr. Walker being reappointed, prevented this. Mr. Eck, Mr. Hensler, Mrs. Johnson and Mr. Farver spoke a second time, reiterating what had been previously said. MR. MILLS moved the rules be resumed, seconded by Mr. Holt and carried. Mr. Mills called for a recess. Supervisor Diehl called for recess at 10:22 P.M. Supervisor Diehl called the meeting back to order at 10:37 P.M. All Board members were present. The following letter was received: January 11, 1971 Dear Members of the Town Board, We, .the members of the Dutchess County Asses'sor's Association highly recommend that you consider Mr. Martin Leskow for reappoint- ment as Chairman of the Board of Assessors for the Town of Wappinger. He is presently serving a second term as our treasurer and has been actively concerned with the tax mazpping and reappraisal program which is going on in our county today. .Respectfully yours, s/ Gerard G. deMartine, Secr. Mr_. Diehl prefaced the presentation of the following resolution by stating that if it did not pass, he personally would seek investiga- tion by the District Attorney. .. The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: WHEREAS, serious charges have been levied against Mr. Martin Leskow tonight by two taxpayers present, and WHEREAS, Mr. Leskow has the perfect right to clear his name, and, WHEREAS, the taxpayers of the Town have a right to know if the charges are true or false, NOW, THEREFORE BE IT RESOLVED, that this Town Board present this matter to the District Attorney for investigation. Seconded by: Mr. Clausen Roll Call Vote: Louis Diehl Aye G. Donald Finnan Nay Louis Clausen Aye Harry Holt Nay James Mills Abstain 33 4-{ Resolution Failed Mr. Diehl then stated that, under the conditions, he will bring . to the attention of the District Attorney the matter so discussed. Supervisor Diehl called for motions for Sole Assessor. MR. CLAUSEN moved that Michael Turco be appointed to the Office of Assessor, for the term expiring September 30, 1971. Seconded by Mr. Diehl. Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Aye Councilman Finnan Nay Councilman Holt Nay Councilman Mills Nay Motion Defeated MR. CLAUSEN moved that Edward Husted be appointed to the Office of Assessor for the term expiring September 30, 1971. Seconded by Mr. Diehl. Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Aye Councilman Finnan Nay Councilman Holt Nay Councilman Mills Nay Motion Defeated The following resolution was offered by MR. FINNAN who moved its adoption: TOWN BOARD, TOWN OF WAPPINGER DUTCHESS COUNTY,.NEW YORK • APPOINTING A SINGLE ASSESSOR FOR TERM. ENDING SEPTEMBER 3.0, 1971 The following resolution was offered by MR. FINNAN who moved its adoption: BE IT RESOLVED, that Thomas E. Logan Jr. is hereby appointed to the Office of Assessor and the term shall commence on the date of this resolution and expire on September 30,. 1971, AND BE IT FURTHER RESOLVED, that the annual salary for the Assessor of the Town of Wappinger be 'and the same hereby is fixed at the rate of $8,500 per year, 'to. be paid. every other Friday throughout the term of office. Seconded by: Mr. Holt Roll Call Vote: S_iipervisor Diehl Nay Councilman Holt : Ayetrr c.. Councilman Clausen Nay Councilman Mills Aye Councilman Finnan Aye Motion Carried Mr. Logan made a short statement, accepting the appointment," and. stating that the first order of business is that every elected and appointed official in this Town is going to have their property reviewed first, secondly, his idea of assessing is equality and if the assessments are not equal the p it's not fair. If political pressures are put on by certain groups that this or that area shouldn't be touched, it will be brought out irub1ic to get straight- ened out. He feels, basically, assessments are fair but if anyone feels otherwise, address the Asssessor, in writing, stating what they think the inequality iS and an appointment will be set up. Mr. Mills recommended that the Deputy Assessor be tabled until the Board can converse with Mr. Logan. The two people in this office should be able to work well together, and he hoped that Mr. Logan might have some recommendation as to whom he might be interested in as an assistant. Mr. Diehl said he believes thBre should be a Deputy in the Assessor's office, and asked the Board to consider Mrs. Gladys Timbo for this position, without additional compensation. She has served the Town well in that office for many years, and would be most qualified; and then go forward to appoint an assistant to the Assessor with the salary as allocated in the budget. TOWN BOARD, TOWN OF WAPPINGER DUTCHESS COUNTY, NEW. YORK APPOINTING MEMBER TO BOARD OF ASSESSMENT REVIEW FOR'THE TOWN OF WAPPINGER The following resolution was offered by MR. FINNAN who moved its adoption: BE IT RESOLVED, that Louis Clausen is hereby appointed to the Board of Assessment Review for the term commencing with this resolution and expiring September 30, 1971. That said Louis Clausen will serve with the Supervisor and the Assessor so as to comprise the Board of Assessment Review. Seconded by: Mr. Mills Roll Call Vote: Supervisor Diehl Aye Councilman Holt Ave •Councilman Clausen Abstain Councilman Mills Aye COuncilman Finnan Aye Carried: Jan. 11, 1971 3$ A LOCAL LAW ESTABLISHING THE OFFICE OF SUPERVISOR OF THE TOWN OF WAPPINGER AS A FULL-TIME POSITION BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: The Supervisor of the Town of Wappinger shall devote full time to the duties of the office of Supervisor and shall hold no other employment or public office. Section 2: This local law shall take effect January 1, 1972. Introduced by: Seconded by: Councilman Finnan Councilman Mills MR. FINNAN moved a public hearing be set on a Local Law establish- ing the office of Supervisor of the Town of Wappinger as a full time position on January 25, 1971, at 7:30 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Seconded by Mr. Mills Motion Unanimously Carried MR. MILLS moved that a public hearing be held on a Local Law amending Local Law #1, 1967, on January 25, 1971, at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Seconded by Mr. Holt. Motion Unanimously Carried RESOLUTION APPOINTING BARGER & RUSS AS ENGINEER TO INSPECT AND CERTIFY TO INSTALLATION AND COSTS OF ADDITIONS TO SYSTEM OF L&A FILTRATION CORPORATION FACILITIES. The following resolution was introduced by SUPERVISOR DIEHL who moved its adoption: WHEREAS the Town of Wappinger in 1964 consented the formation of L&A Filtration Corporation pursuant to Article 10 of the Transportation Corporation Law, and WHEREAS certain additions have been made to said plant and pipes system since the initial construction, NOW, -THEREFORE be it RESOLVED that Barger & Russ is hereby appointed as Engineer to inspect and report to the Town Board the following: 1. The exact nature of the additions to the L&A Filtration Plant and facilities over and above the original facilities as described in the letter to the Town Board dated April 6, 1964. 2. The dates of the installation of any such additions and the original cost of such additions. Seconded by: Councilman Mills Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Aye Councilman Finnan Aye Councilman Holt Aye Councilman Mills. Aye Carried: January 11, 1971 The request from the Wappingers' Mens' Basketball League for additional funds tabled from the December meeting was placed before the Board. Mr. Diehl said he would be in favor of bailing them out if it was the desire of the Board. Mr. Mills' suggestion would be that this league wouldn't need the whole $1,400 when they start the season. He thinks this should be deferred until the Board can take a look and see if the Town has some extra money maybe, that can be applied when the season gets toward the end. When the league gets to the last 10% of the season, the Board can start making the decision. Mr. Diehl commented that he had spoken to Mr. B$tterlech suggesting a plan whereby the league could raise funds and be of service to the Town at the same time. He pointed out that the group could help with the cleanup'of junk cars. There were funds available in the budget for this and it was his thought that the Town pay $5 per car that the league can get signed statements from the owner that the car can be removed from their property. If the Board would agree, Mr. Bitterlich felt the men in the league would undertake this project. Mr. Diehl added that several months ago Mr. Reich said he'd pay $2 per car. Mr. Holt commented that possibly the Town pay $3 and with Mr. Reich's $2, the amount could be established at $5 per car, as Mr. Reich's offer of the $2 might be withdrawn sometime, and the Town could then still uphold a $5 total. The Board agreed that the total figure of $5 was satisfactory, either $3 from the Town and $2 from Mr. Reich, or, if Mr. Teich withdraws, $5 from the Town. MR. CLAUSEN moved that Jack Peace, Patti Place, be appointed as a member to the Southern Dutchess 1990 Planning Council. Seconded by Mr. Finnan. Motion Unanimously Carried 11 L Mr. asked if there was any one who wished to bring anything before the Board under new business. Mr. Eck spoke about the County Appraisers that were doing the Village of Wappingers Falls now. He thought it would be a good idea if the Town Board could recommend that the County Planning Board set a meeting up to explain how they were going to go about re-evaluating property, and allow the residents to ask questions, so they will know what is happening. Mr. Mills_ suggested sending a letter to Mr. Ken Toole, Dutchess County Department of Planning, recommending a public informational hearing in Wappinger. Charles Cortellino commented that back in September he had inquired about the pipes in Wildwood. He had been told then that if the job wasn't completed by the end of October, a new contractor would come in. He said he can only go by inference, there is no new contrac- tor, therefore, the job must be done --why are there pipes. If the pipes are for the ditch, how come' he is still the contractor. (Alexander). There certainly won't be any work done now, he doesn't know what the pipes are for, but they are unsightly and are on resi- dential property and have no business to be there. Mr. Mills answer- ed that he had been in daily touch with Mr. Alexander, but the one problem was the pipe was on private property. Mr. Cortellino asked another question in regard to the Code_of Ethics, was the code that came from the Association of Towns a legislative thing or a recommend- ation? Mr. Holt said Code of Ethics was mandated by law. He suggest- ed the Town didn't need an Ethics Board, it has no investigative powers, therefore, they can't even ask someone's intent. Mr. Holt commented the world ethics was significant, two or three people were looking for punative measures within the Code of Ethics and it doesn't exist there, but does refer to other laws and statutes to take that matter up. Mr. Cortellino's question was, the Board of Ethics cannot review this case, the only Board that has the investigative power is the Town Board. Now, there is no question that a violation of Local Law #2 is not a civil misdemeanor, there's no such 4ing, it is a criminal misdemeanor. We have a criminal, however small you want to look at it, on our Planning Board. He requested the Town Board to investigate this, it's public record, Justice Francese found the party guilty. Will the Town Board investigate this? Mr. Diehl said -he had a motion on the floor and the Board has rescinded it. Mr. Mills clarified this stating that the Board rescinded the motion to have the Board of Ethics investigate this matter. Mr. Cortellino said what he was now asking was that the - Town Board itself undertake to investigate, as Mr. Rappleyea indicated earlier, the Town Board has the investigative power although the Board of Ethics doesn't. Mr. Diehl maintained the Town Board had the authority to direct the Board of Ethics to undertake this investigation. MR. MILLS moved the rules be resumed, seconded by Mr. Holt and carried. - MR. MILLS moved .that a letter be directed to Mr. Ludewig, the Zoning Administrator to have the pipe removed out of Wildwood Drive by January 30, 1971. Seconded by Mr. Diehl. Motion Unanimously Carried MR. MILLS moved the meeting be adjourned, seconded by Mr. Holt and unanimously carried. Meeting adjourned at 11:30 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 1-11-71 WARRANT To Wan D, DSL , Supervisor Town of WA PXJ it , County of Dwx...ouir$ , New York. The following claims, having been presented to the Town Board of the Town of MAPPINGS& , and duly audited and allowed at a meeting thereof held on the ....11.tbday of January , 19..21_, in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM NAME OF CLAIMANT AMOUNT FUND OR No. ALLOWED ACCOUNT OTHER INFORMATION 1970 Bills audited 1/11[71-Hosolu=ion of i"ransfer from Surplus to pay March 8, 1971 969 BPC'=Atinn f`nnSultAntg,Ine* 10,00& . 970 David Re11ev 48.120 • tofu, Q71 Want Puhl i sh i ng Cr - AS.DA /1A 972 Martin LeskaM 35x5 848 anarnavaidistkaziudbaucc 973 Herbert Muller, Jr. 62.00 ' 111.f19 1n Witness Whereof, I have hereunto set my hand and the Seal of the Town of Wappinger this 9th day of March , 19__1.1. Town Clerk [SEAL] WARRANT To Lewis Diehl , Supervisor Town of wappinpsr ., County of Drtshsss , New York. The following claims, having been presented to the Town Board of the Town of waP►ia$rr, and duly audited and allowed at a meeting thereof held on the l ltbday of January , 19..5., in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM No. NAME OF CLAIMANT 1AMOUNT FUND OR ALLOWED ACCOUNT 1 Owls iisswn, PestNastsr 2.000. 1620.4. 2 Chester sass CO.. 4. 1410.4 3 The Pendell Press 11. 1110.4 4 The Penieell' P'rsss 51.65 1620.4 5 New Yesk !latero= Pod. 75.00 1520.3 6 James T. Gearinir 123.43 3310.1 7 JCapttot 1Lgaray Materials 910.60 3310.4 6 JAirtk*ir N. waddle x.00 1110.4 Drop Hardware Co. 2.23 7110.4 10 The Pendell Press 6.13 7110.4 11 Central Eidson 12 Central Madsen 13 JCentraI godson 130.13 1620.4 6.10 3310.4 227.60 OTHER INFORMATION 301 Y. A110 St., 41baay, N. Y. 12206 Rts.#6. Putnam County Baldwin Place, N. Y. 10505 Chelsea Light District Tn Witnys Vhereof, I havehereuntoset my hand and the Seal of e Town of 71 this day of , 19 Town Clerk [SEAL] SPVCIAL DISTITCT% WARRANT To Louis Viotti Supervisor Town of WaPPissr , County of Dutcttess , New York. The following claims, having been presented to the Town Board of the Town of Wappin=sr , and duly audited and allowed at a meeting thereof held on the l lttt day of Jafua ► , 19 71 , in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM No. NAME OF CLAIMANT IAMOUNT FUND OR ALLOWED ACCOUNT 1 Central:Indws 151.79 381-8130.1 2 Central 8rtdsssl 116.88 SW14310-1 3 Central Videos 110.20 SW.2-8310.1 SWZ•e310.1 4 win Pendell Press 17.00 SS 4130.1 S Central Rodeos 116.27 882.8130.1 6 Astos•Cross Co. 121.60 882.8130.1 7 'Central Hudson 266.36 888130.1 8 1Wallace 6 Tiernan Melees 30.40 883.8130.1 OTHER INFORMATION PSssoait Corporation Dont 730. Msvark, N.J. 07101 in Witness Whereof, I have hereunto set my hand and the Seal of the Town of Wappinysr this 31st day of Jaat+at7... , 19 71 Town Clerk [SEAL]