1983-07-11 RGMThe Regular Meeting of the Town Board of the Town of Wappinger was
held on July 11, 1983, at the Town Hall, Mill Street, Village of
Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:00 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Bernice Mills, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Jon Holden Adams, Attorney
Rudolph Lapar, Engineer to the Town
Kenneth Croshier, Highway Superintendent
Henry Cuatt, Comptroller
Mr. Diehl requested the public to stand for the Pledge of Allegiance
to the American Flag.
Reports were received for the month of June from the Town Justices
and Receiver of Taxes, the Hydrant Report and the Supervisor/Comptroller
Report through May 31st, 1983.
MR. JOHNSON moved to accept the above stated reports and place them
on file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A letter was received from Pizzagalli Development Company requesting
authorization from the Town Board to pay downstream drainage fees
in three installments.
MR. JOHNSON moved to deny the request from Pizzagalli Development
Company to pay the downstream drainage fees in three installments.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Thomas Vasti, Jr., Attorney, was present to speak to the Board
regarding a soil mining permit to remove a mound of dirt on Route 9
above Osborne Hill Road, The project involved removing the mound of
soil and the regrading of two lots, a lot his client intended to purchase
and an adjacent lot. It would be necessary in regrading and reducing
the mound to move some of the soil from the first to the second lot.
Permission had been obtained from the second lot owner to grade both
properties simultaneously. Mr. Vasti presented a map to the Board
indicating the two lots that were involved in this proposed activity.
His client intended to eventually construct a rental establishment
on that site. He had already submitted an application to the State
of New York for a permit to level the front area of the property
which belonged to the State, however, before they would consider
approval of such a project they required approval from the Town.
He requested the Board to grant this approval at the meeting so
his client could proceed with the construction.
Mr. Johnson commented that a letter from the Attorney indicated that
if the soil mining activities were confined solely to his client's
property, no permit would be necessary, however, since this activity
extends beyond the property line, it may or may not require a permit
depending on whether the activity is incidental to the, project. In
order to determine if it is an incidental use, he suggested that the
matter be referred to the Engineer to the Town and the Conservation
Advisory Council.
MR. JOHNSON moved to refer this matter to the Engineer to the T
and the Conservation Advisory Council for their review and recommenda-
tion to the Town Board prior to the next Town Board meeting.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A recommendation was received from the Hughsonville Fire District
for the appointment of Richard Conte (to replace Bob Cacio) and
James Brooker (to replace Keith Dubetsky) on the Fire Prevention
Bureau.
MR. MCCLUSKEY moved to confirm the appointments of Richard Conte
and James Brooker to the Town of Wappinger Fire Prevention Bureau.
Seconded by Mr. Johnson
Motion Unanimously Carried
A letter was received from the Dutchess County Department of Health
in response to our communication to them advising them that the Town
was acting as the Lead Agency in the environmental review process
for the Stoetzel Mobile Home Park.
MR. JOHNSON moved to receive this letter and place it on file and
forward a copy to Mr. Stoetzel.
Seconded by Mrs. Mills
Motion Unanimously Carried
�.J
The Dutchess County Department of Planning, in their letter of
June 24, 1983, concurred with the Town of Wappinger's designation
as lead agency for SEQRA compliance for the application of Ossenkop
for a Recreational Vehicle Park and Campground.
MR. JOHNSON moved to receive the letter from the Department of
Planning, place it on file, and also forward a copy to Mr. Ossenkop.
Seconded by Mr.McClaakey
Motion Unanimously Carried
The Planning Board wrote to the Town Board as follows:
June 14, 1983
Town Board
Town of Wappinger
Town Hall - Mill Street
Wappingers Falls, New York 12590
Re: Cranberry Hills - Water Supply
Dear Board Members:
The Planning Board of the Town of Wappinger recently granted
another extension of preliminary approval to run until September 19th,
1983.
The requests for these extensions have been based upon pending
resolution of the water supply.
In view ofthis, the Planning Board would appreciate being
advised of any feedback that you are in a position to give them
with regard to the water supply.
Respectfully yours,
s/ Betty -Ann Russ, Secretary
Mr. Diehl commented that the Board was working with the principals
of Atlas and Cranberry trying to provide water for Cranberry.
Mr. Versace added that the problem is between Atlas and Cranberry
not the Central Wappinger Water Improvement Area, therefore their
financial problems will have to be settled before the Town can
help them.
MR. DIEHL moved that the Attorney direct a letter to the Planning
Board informing them that the Town Board is working with all concerned
to resolve the problem.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A second letter from the Planning Board referenced Average Density
Subdivisions requesting confirmation of their opinion that Town
Board approval was not needed for these subdivisions.
MR. JOHNSON moved that a letter be directed to the Planning Board
advising them that the Town Board concurs with their opinion and
the authority to approve Average Density Subdivisions is delegated
to the Planning Board.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A third letter from the Planning Board was in regard to approval
of the Brescia Two Lot Subdivision on New Hackensack Road. They
were questioning this approval due to the fact that dumping had been
going on at that site.
MRS. MILLS moved that test borings be done on the Brescia Property,
at his expense, under the supervision of Mr. Lapar and Mr. Gunderud,
to determine if there is any foreign material in the soil as a result
of the dumping activity that has occurred on that property.
Seconded by Mr. McCluskey
Motion Unanimously Carried
MR. JOHNSON moved that a letter be directed to the Planning Board
requesting that no action be taken by them on approval of the
Brescia Subdivision until the matter is resolved.
Seconded by Mrs. Mills
Motion Unanimously Carried
A report was received from Mr. Lapar regarding a complaint received
at the last meeting on possible soil mining at Fieldstone Farms.
It was determined that soil had been moved from Fieldstone Farms
to property on Old Hopewell Road and both properties are owned by
James Klein. It was Mr. Lapar's opinion that the matter of soil
mining was a legal question.
MR. JOHNSON moved that Mr. Lapar's letter be forwarded to the
Attorney for a legal opinion on the question of soil mining on
Mr. Klein's property.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A second report from Mr. Lapar responded to a complaint from a
resident at 15 Rosewood Court regarding a 12" drainage pipe. The
filed map and plot plans indicated that this was a private drainpipe
and although it does tie into the Town System, the Town Highway
Department has no responsibility in the maintenance of the pipe.
MR. JOHNSON moved that the resident of 15 Rosewood Court be
notified that the maintenance of the drainage pipe is their
responsibility.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Lapar reported that under the Emergency Jobs Bill Application
the Town would receive $14,400 to renovate the sanitary facilities
at the Robinson Lane Recreation Area to accommodate the handicapped
people visiting the park.
Mr. Johnson added that the Recreation Committee had met with
representatives of the Little League Association who had submitted
a plan for these facilities. The Committee will meet with the
Recreation Commission and discuss the plan with them before pre-
senting it to the full Board.
MR. JOHNSON moved to accept Mr. Lapar's report, place it on file
and forward a copy to the Recreation Commission.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Another communication from Mr. Lapar was in regard to the Community
Activities Building the Town had applied for in the Community Develop-
ment Application. This project must be coordinated with the Town
Hall plans and he expressed concern that if the monies are not
drawn by next year the Town could lose the funds from the grant
in the amount of $50,000.00.
MR. MCCLUSKEY moved to receive this communication and place it on
file.
Seconded by Mrs. Mills
Motion Unanimously Carried
On a related matter, Mr. Versace mentioned correspondence from the
firm of Hayward and Pakan Associates requesting authorization to
proceed with a topographic survey of the site of the proposed Town
Hall, and quoted a price of $2,250.00.
MR. MCCLUSKEY moved that the firm of Hayward and Pakan Associates
be given authorization to prepare a topographic survey of the site
of the proposed Town Hall at a cost not to exceed $2,250.00.
Seconded by Mrs. Milts
Motion Unanimously Carried
Mr. Diehl recognized Mr. Don McMillen, Wappinger County Legislator
who had just arrived at the meeting, and he reported on actions
of the Dutchess County Legislature taken at their meeting. He
had co-sponsored a resolution to test water districts throughout
the County for organic or inorganic matters, among them Atlas Water
Company. The D. E. C. had designated certain areas as possible sites
of toxic waste, one of which was the Airport Landfill Site located
near the Atlas water supply. They had approved an additional $15,000
to continue the law suit against PASNY; appropriated $10,000 for
T Hangars at the Airport and amended the Local Law on the Motel Tax.
The next item on the agenda was a Notice of Public Hearing from the
Town of Poughkeepsie to consider an amendment to their Zoning Ordinance.
MR. JOHNSON moved to receive this Notice of Public Hearing and place
it on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
At a previous meeting the Town Board had approved a request from
Mr. and Mrs. Murphy on Route 376 to hook into the Central Wappinger
Water Improvement Area as tenants to that district and it was
stipulated, in this approval, that five individual meters would be
installed for the five apartments in the residence. After discussion
with the Murphys', it was decided that installation of five meters
would be a hardship on them and the Board agreed that one meter
would be sufficient.
MR. JOHNSON moved that the Murphys' be granted permission to hook
into the Central Wappinger Water Improvement Area using one master
meter and paying double the rates presently paid by apartment complexes
(equivalent, to ten apartments).
Seconded by Mrs. Mills -f',,,r
Motion Unanimously Carried
Mr. Lapar had informed the Board that they were unable to locate
the water lines on the Murphy property from the maps in his office
and it was suggested that permission be given to them to use the
sound equipment owned by the Town for this purpose.
MR. JOHNSON moved to authorize Camp Pollution Control to use the
sound equipment on the Murphy property to locate the water lines
under the supervision of Mr. Lapar and all expenses would be borne
by the Murphys'.
Seconded by Mr. McCluskey
Motion Unanimously Carried
MR. DIEHL moved that Mr. Lapar, Mr. Gunderud and Mr. Cuatt contact
the representative from Rockwell International to determine the type
of meter to be installed at the Murphy residence.
Seconded by Mr. Johnson
Motion Unanimously Carried
Under Committee Reports, Mr. McCluskey advised the Board that they
were waiting to hear from Dutchess County Department of Public Works
in regard to posting New Hackensack Road with 40 MPH speed limit
signs.
Mr. Versace, Water and Sewer Committee, reported that at their
July 6, 1983 meeting they learned that the Hidden Hollow Apartment
Complex had a water problem and were operating on one well; they
intend t to tie into the Ardmore Water District when their master
meter is properly installed under the supervision of Mr. Gunderud.
The Committee is presently working on the problem of pressure in
that area and hope to have a report by the next meeting.
Mr. Versace's next report was on the changeover from Neptune water
meters to Rockwell meters due to the Town awarding contract for the
purchase of the water meters to Rockwell International Company as
low bidders. There had been problems in the Building Inspector's
office due to this changeover and the inavailability of the new
meters for the builders, however the problems have been resolved.
When completely installed, the meters will be on a computer system,
however, on a temporary basis, they can install meters and read
printouts outside of the homes.
The last item Mr. Versace reported was that the maintenance
programs on the water and sewer plants were on schedule.
Mrs. Mills reported on a meeting she had attended at the Dutchess
County Department of the Office of Computer Information Systems
which was also attended by Mr. Cuatt, two representatives from
Rockwell, the principals from the computer center and Mr. Gunderud;
the meeting related to procedures to be followed during the transi-
tion period of changing the water meters to the computer system.
At, a previous meeting, the Town Board had awarded the bid for the
purchase of water meters to the Rockwell International Company and
Mrs. Mills recommended that they approve the signing of the contract.
MRS. MILLS moved that the Supervisor be authorized to sign the
contract with Rockwell International Corp. for the purchase of water
meters, subject to the approval of the Attorney, and then forwarded
to the main office of that company for signature by the authorized
representative.
Seconded by Mr. McCluskey /1
Y
Motion Unanimously Carried
The Attorney had submitted an agreement to the Town Board to be used
by the Building Inspector during the interim period of installing the
new water meters.
MRS. MILLS moved to approve the following agreement:
AGREEMENT made this llth day of July, 1983, between (herein-
after "Applicant") and the Town of Wappinger by its Building Inspector,
Hans Gunderud.
WHEREAS, prior to issuance of a Certificate of Occupancy, an
approved water meter must be installed within a residence within the
Town of Wappinger, and
WHEREAS, at the present time, because of lack of availability
of said water meters from the manufacturer, it is not possible to
install said water meters, and
WHEREAS, it is desired by the Applicant to take occupancy of
the premises subject to the installation of a meter, and
WHEREAS, the Town wishes to assure the installation of a water
meter upon the availability of the same,
NOW, THEREFORE, it is agreed by and between the above parties
that a revocable Certificate of Occupancy shall be issued to the
applicant under the following terms and conditions:
1. The Applicant may make connection to the water lines of
the Town of Wappinger on a temporary basis pending availability of
the required water meter without prior installation, at this time,
of a water meter.
9
2. The Applicant shall pay to the Town of Wappinger the
sum of Two Hundred ($200.00) Dollars to be held in escrow by it
to guarantee installation by it of a water meter upon availability
of the same. If a water meter is not installed within 30 days of
the date of this agreement, the Town shall (1) have the right to
enter the premises to make inspection to ascertain whether or not
a meter exists, (2) cause installation of an approved meter at the
expense of the owner and apply the escrow funds to the same, and
(3) enter the premises for purposes of installation of the meter.
If the meter is installed in conformance with this agreement, the
escrow funds shall be returned to the applicant.
3. If the meter is not installed within 30 days of the date
of this agreement, the Town shall have the right in addition to
those stated in the proceeding paragraph to (1) revoke the Certificate
of Occupancy for the premises, (2) terminate all water service to
the premises, and (3) commence any legal proceedings to enforce
this agreement or any local law, ordinance, rule or regulation of
the Town. If such legal proceedings are necessary, Applicant shall
be responsible for the Town's legal expenses, including attorney's
fees.
4. The rights and obligations created hereunder are not
assignable.
Seconded by: Mr. McCluskey
Roll Call Vote: 5 Ayes 0 Nays
Mrs. Mills reported that she had attended an executive session at
the County regarding the 345 power lines; the suit was proceeding in
an orderly fashion and the attorney felt optimistic about the outcome.
Monies wer4 still available, however, they anticipated that they
would run short by $10,000.00. There would be no other information
available until the next computer study was received.
Mr. McCluskey, Health and Safety Committee, reported on a complaint
received from a Town resident regarding alleged violations by one
of aur Dog Control Officers relating to the number of dogs in her
residence and the Noise Ordinance. After checking these matters
with the Attorney and the Zoning Administrator, a meeting was held
and it was determined that the noise complaint was ambiguous and
the number of dogs allowed in her kennel would have to be researched
back to 1963 when the Zoning Ordinance was first adopted. If the
present number of dogs is larger than the number in 1963, the Dog
Control Officer has the option of reducing the number of dogs she
is harboring or combining a second parcel with the present lot
for this use thereby eliminating the stipulation which governs the
number of dogs allowed. Since no violation of Town Laws m uld be
determined, it was the opinion of the Committee that the complaint
is a civil matter between the two parties.
Michael Hirkala, being recognized by the Chair, disagreed with
the opinion offered on the complaint of violation of the Noise
Ordinance. He felt that the Ordinance should either be enforced
or taken off the books and revised.
Mr. Richard Tallman, 22 Roberts Road, also recognized by the Chair
asked how long it would take to research the records back to 1963
to determine the number of dogs listed under the kennel license.
Mr. Diehl responded that the Town Clerk would contact Mr. Gunderud
for the submission of this information and when received a copy
would be forwarded to Mr. Tallman.
Mr. McCluskey's second report related to illegal dumping and land
fill at two specific areas located near the Dutchess County Airport;
one was on Jackson Road and the second site was the old airport park
where a large piece of prpperty was being filled in. This matter
had been referred to Mr. Gunderud and he was checking it out.
Mrs. Mills added that she had discussed the landfilling at the
airport with Mr. Whited and he had informed her that the Department
of Health had given them permission to fill in the area with clean
fill. Another site mentioned by Mrs. Mills was the Swenson property
on New Hackensack Road and she recommended that these areas be
investigated.
MRS. MILLS moved to direct Mr. Gunderud to check the property on
New Hackensack Road owned by Mr. Swenson and the area on Jackson
Road, to determine if landfilling activity was being conducted at
these sites.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mr. Johnson reported on a letter received from the New York State
Department of Transportation informing the Town Board that the
Town would continue to receive funds under the Consolidated Local
Street and Highway Improvement Program (CHIPS) and quarterly payments
of $11,826.75 would be mailed to the Town on the 25th of June,
September and December. This is due to the fact that the $34 million
originally scheduled to be cut, was restored for the current year.
The availability of this money for future years would depend on
passage of the Transportation Bond in November.
)1
Under Ordinance Committee, Mr. Johnson hoped to have the Ordinance
on Mother -Daughter Apartments ready to present to the Town Board
at the next meeting.
Under the Recreation Committee, Mr. Johnson reported on a meeting
with the residents of Ye Old Apple Orchard YOAO) regarding the
possibility of them taking over the maintenance of the pond in
their area. An estimated cost of maintaining this area had been
supplied to him by Mr. Lapar's office and both he and Mr. McCluskey
would discuss this figure with the Recreation Commission at their
next meeting.
An Agreement between Central Wappinger Water Improvement Area,
Pizzagalli Construction Company, Atlas Water Company and the Town
submitted to the Town
Board had been prepared by the Attorney and
Board for their consideration.
Mr. Diehl preferred that no action be taken
on this Agreement at
this meeting and recommended that a Special Meeting be held for
further discussion with the principals and their attorneys. He
explained that this agreement had been prepared as a result of a
request from the Pizzagalli Company for a supply of water from
CWWIA during the construction period and for fire protection.
MR. DIEHL moved to set a Special Meeting for July 13, 1983 at
7:00 P.M. for further discussion of the Agreement between all
principals involved and their attorneys.
Seconded by Mr. Johnson
Motion Unanimously Carried
The following proposed Local Law Regulating Water Lines, Water
Meters and Water Use, was introduced by COUNCILWOMAN MILLS:
(attached hereto and made part of the minutes
of this meeting)
The following resolution was offered by COUNCILWOMAN MILLS who
moved its adoption:
WHEREAS, there has been duly presented and introduced at
a meeting of this Town Board on the llth day of July, 1983, a
proposed Local Law Regulating Activities Relative to Water Lines,
Water Meters and Water Use Within the Town of Wappinger, and
WHEREAS, the provisions of the Municipal Home Rule Law
requires that no local law shall be passed by the Legislative
Body of the Town until a Public Hearing thereon has been held
before such body,
NOW, THEREFORE BE IT RESOLVED,
1. That a Public Hearing
proposed Local Law by the Town
on the 28th day of July, 1983,
at the Town Hall, Mill Street,
Dutchess County, New York.
shall be held on the said
Board of the Town of Wappinger
at 7:00 P.M. EDT, on such day
Village of Wappingers Falls,
2. That at least five (5) days notice of such hearing
shall be given by the Town Clerk of the Town of Wappinger, by
the due posting thereof upon the bulletin board maintained by
said Town Clerk in the Town Hall and by publishing such notice
at least once in the official newspaper of the Town of Wappinger.
Seconded by: Councilman Johnson
Roll Call Vote: 5 Ayes 0 Nays
Bids on the Installation of Water Meters, having been tabled from
a previous meeting, were now placed before the Board for their
consideration.
Mrs. Mills moved to award the bid to Camo Pollution Control as
low bidder and Mr. Versace seconded this motion.
Before a vote was taken on this motion, Mr. Robert Barton from
Central Installation Company (a bidder on this contract) was
recognized by the Chair and formally protested the awarding of
this contract to Camo Pollution Control due to the fact that the
bid was submitted after the specified time stated in the bid speci-
fications.
Mr. Diehl requested the Board to go into executive session for
fifteen minutes. The Town Board went into executive session at
9:29 P.M.
The Board returned from executive session at 9:35 P.M. and the
meeting resumed at that time. All Board Members were present.
Mrs. Mills rescinded her motion to award the bid for the installa-
tion of water meters to Camo Pollution Control and Mr. Versace
rescinded his second to the motion.
MR. DIEHL moved to direct the Attorney to investigate the legalities
involved in the submission of the bid by Camo Pollution Control and
report to the Board at the special meeting set for July 13, 1983.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A Public Hearing having been held by the Town Board on July 11,
1983 on a proposed Local Law Providing for Reimbursement to the
Town of Legal Expenses Associated with Litigation, the matter was
now placed before them for their consideration.
MR. JOHNSON moved to adopt the following Local Law #5 of 1983:
A Local Law Providing for Attorneys Fees.
BE IT ENACTED by the Town Board of the Town of Wappinger
as follows:
Section 1. This local law proposes to protect the health,
safety and welfare of the citizens of the Town of Wappinger and
to enhance the police powers of the Town of Wappinger by providing
for the reimbursement to the town of legal expenses and related
fees associated with any litigation which might be undertaken by
the town to enforce local laws, ordinances and other obligations
of residents, developers, applicants for permits and other parties
within the Town of Wappinger when such steps are necessary by way
of civil proceedings to preserve the integrity of and to promote
the general welfare of the residents of the Town of Wappinger by
enforcement of local laws, ordinances, rules and regulations or
other standards duly adopted by the town.
Section 2. Whenever it becomes necessary for the Town of
Wappinger by civil proceedings to enforce a local law, ordinance,
subdivision regulation, rules and regulations, highway specifica-
tions, or other rules of conduct or standards duly adopted in
accordance with law by the Town Board of the Town of Wappinger,
the town may seek to recover, in addition to any civil remedies
had by it, reasonable attorneys fees for the prosecution of said
proceeding as well as the costs and disbursements of said proceed-
ing. Said attorneys fees and other imposed herein shall be payable
only if the town successfully completes such prosecution or obtains
an order or judgment.
Section 3. Any individual, corporation, or other entity who
makes application to the Town of Wappinger for a permit of any
nature, by making such application hereby agrees to reimburse the
Town of Wappinger, as a condition for the granting of such permit,
for its reasonable attorneys fees incurred if it becomes necessary,
in the sole discretion of the town, for the town to commence a
civil proceeding against the holder of such permit or its assignees
or successors in interest for purposes of enforcing those conditions
under which the permit was granted and judgment for such sums may be
sought.
Section 4. All permit applications of the town shall be duly
endorsed with notice informing such applicants and permitees of the
local law and that by submitting an application for a permit, the
applicant consents to the imposition of attorneys fees, costs and
disbursements as provided by this local law.
Section 5. The provisions of this local law shall be binding
upon the successors and assigns of any applicant and permitee as a
condition of the continuing validity of such permit. All permits
shall contain a notation that the holder of the same, as well as
their successors and assigns, are subject to the provisions of this
local law as a condition for the continuing validity of such permit.
Section 6. Definitions.
Permit: The granting of permission by any agency of the town
to engage in activity for which the issuance of a permit or other
approval is a precondition.
Section 7. A registry of permits shall be maintained by the
town to provide all interested persons, including successors and
assigns of permitees, of the issuance of permits subject to this
local law.
Section 8. This local law shall take effect immediately
upon filing with the Secretary of State as required by law.
Seconded by: Councilman McCluskey
Roll Call Vote: 5 Ayes 0 Nays
A Public Hearing having been held by the Town Board on the llth
of July, 1983 on a proposed Local Law Amending Local Law #5 of
1980, Prohibiting Discarding of Alcoholic Beverage Containers
in Public Places, the matter was now placed before them for their
consideration.
MR. MCCLUSKEY moved to adopt the following Local Law #6 of 1983:
BE IT ENACTED by the Town Board of the Town of Wappinger
as follows:
Section 1. Section 3 of Local Law No. 5 of 1980 is amended
by adding to the sentence contained therein at the end thereof
of the following phrase: "with intent to consume the same".
Section 2. This local law shall take effect in the manner
prescribed by Municipal Home Rule Law.
Seconded by: Mr. Johnson
Roll Call Vote: 5 Ayes 0 Nays
Bids were opened on July 6, 1983 by the Town Clerk on Central
Wappinger Water Improvement Area, Extension #3, Wappinger Sewer
Improvement #1, Extension #3 and #4 and a report from Mr. Lapar
recommended that the bid be awarded to Wilson Excavators as low
bidder.
Mrs. Mills moved that all three contracts be awarded to Wilson
Excavators as low bidders, seconded by Mr. Versace.
It was Mr. Versace's understanding that the Sewer Extension Contract
included service to the Cuatt and Pearson
Road, however, Mr. Lapar advised him that
service to them it would entail a pumping
opinion that the sewer lines could be put
as the area developed.
Mrs. Pearson was recognized by the Chair and pointed out that they
were paying taxes on water and sewer for over ten years and were
entitled to this service.
On the other hand, Mr. Cuatt felt that their prime concern was
residence on Old Hopewell
it order to extend the
station, and it was his
into the two residences
water and if the contract was tabled to extend the sewer service
they might be waiting months for the water.
Discussion ensued on the feasibility of extending the sewer
contract and it was agreed by the Board Members that further
research was needed.
MR. DIEHL moved to table action on the bid for the
extension of
water and sewer service for further discussion with the Attorney,
is
the Engineer and the Comptroller at the Special Meeting set for
July 13, 1983.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mrs. Milts rescinded her motion to award the bid to Wilson
Excavators and Mr. Versace rescinded his second to the motion.
The following resolution was offered by COUNCILWOMAN MILLS who
moved its adoption:
WHEREAS, the Water Committee of the Town Board has determined
that the fair price for water meters to be sold by it for single-
family residential houses including purchase costs, cost of handling,
storage and other associated costs is One Hundred ($100.00) Dollars,
NOW, BE IT RESOLVED that the purchase price of all remote
Rockwell water meters sold for installation in single-family
homes be One Hundred ($100.00) Dollars exclusive of installation.
Seconded by: Councilman Versace
Roll Call Vote: 5 Ayes 0 Nays
Under Unfinished Business, Mr. Croshier reported that his depart-
ment had started downstream drainage of Hunters Creek and hoped
to start the program in Rockingham within a week to ten days.
The following letter was received from the Dutchess County
Department of Planning
To: Town Board
Re: Ossenkop Special Permit Application
The Dutchess County Department of Planning has reviewed subject
referral with regard to pertinent inter -community -and county -wide
considerations. Upon analysis, this Department makes the following
findings:
This property, comprising approximately 140 acres of land, is
located on Robinson Lane in a residential (R-40) zoning district.
A special use permit is requested to establish "private camps for
seasonal use:.
A substantial part of this property is within an officially
designated wetland as proposed by the New York State Department
of Environmental Conservation.
This zoning referral does not fall within this Department's
jurisdiction under the provisions of General Municipal Law
(Article 12B, Sections 239-1 and 239-m). Nevertheless, it is
recommended that the presence of the wetland area be thoroughly
analyzed in this project review. This analysis should include
the review process set forth in Section 419 of the Town Zoning
Ordinance. Appropriate mitigation measures should be required
as part of the approval of a special permit for any proposed use
on this property.
The Dutchess County Department of Planning does not presume to
base its decision on the legalities or illegalities of the facts
or procedures enumberated in subject zoning action.
Dated: July 5, 1983
s/ Richard Birch, Senior Planner
The following resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
WHEREAS an application has been submitted by Steve Ossenkop
to the Town Board of the Town of Wappinger for construction of a
recreational vehicle park, and
WHEREAS from the submissions to date it appears that environ-
mental review of the same will be necessary as provided by both the
State Environmental Quality Review Act and the local law of the
Town of Wappinger, and
WHEREAS on the 14th day of June, 1983 the Town Clerk of the
Town of Wappinger advised other affected agencies of the application
and solicited their consent for the Town Board acting as lead agency,
and
WHEREAS no adverse comments as to the assumption by the Town
Board of the status of lead agency have been received,
NOW, THEREFORE, BE IT RESOLVED that the Town Board shall be
the lead agency in the application of Steven Ossenkop to construct
a recreational vehicle park within the Town of Wappinger.
Seconded by: Councilman McCluskey
Roll Call Vote: 5 Ayes 0 Nays
MR. JOHNSON moved to adopt the SEQR Positive Declaration on the
Application of Steven Ossenkop and include the statement by the
Dutchess County Department of Planning that a substantial part
of the property is within a designated wetland and the presence
of such be thoroughly analyzed in the project review.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The following Ordinance was introduced by COUNCILMAN VERSACE:
AN ORDINANCE AMENDING THE DRIVEWAY
PERMIT OF THE TOWN OF WAPPINGER
ADOPTED JUNE 8th, 1970
BE IT ORDAINED by the Town Board of the Town of Wappinger
as follows:
Section One:
Section 2 of an ordinance adopted by the Town Board on
June 8th, 1970 is hereby amended by adding thereto the following:
"For purposes of this ordinance, any road opening onto an
existing public road or highway erected by a developer for purposes
of egress and ingress for developing real property, including but
not limited to real estate subdivision, shall be deemed a driveway
and a permit shall be necessary".
Section Two:
Section 4 is amended by adding thereto the following:
"The highway superintendent may also demand financial
security in such form as prescribed by law to safeguard against
damage to town highways resulting from the movement over public
roads of equipment used for development of said subdivision or
real property. If damage is occasioned by the said developers
or those acting on his behalf, said damage shall be corrected
at the direction of the highway superintendent and upon failure
to so correct, so much of the financial security as necessary
to repair such damage shall be expended for such repair".
MR. VERSACE moved to set a Public Hearing on an Ordinance Amending
The Driveway Permit of the Town of Wappinger on July 28, 1983 at
7:15 P.M. EDT, at which time all interested parties would be heard.
Seconded by Mr. Johnson
Motion Unanimously Carried
MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mr. Diehl
and unanimously carried.
The meeting adjourned at 9:55 P.M.
Reg. Mtg. 7/11/83
OAkuL
Elaine H. Snowden
Town Clerk
A Public Hearing was held by the Town Board of the Town of
Wappinger on July llth, 1983, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County , New York, on
a proposed Local Law Providing for Attorneys Fees.
Supervisor Diehl opened the Hearing at 7:48 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Bernice Mills, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized. (These Affidavits
are attached hereto and made part thereof of the Minutes of this
Hearing).
Mr. Diehl asked for comments from the public either for or against
the proposed local law.
No one spoke for or against the local law.
Mr. McCluskey moved to close the Public Hearing, seconded by
Mr. Johnson and unanimously carried.
The Public Hearing closed at 7:50 P.
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
A PROPOSED LOCAL LAW AMENDING LOCAL
LAW NO. 5 OF 1980, PROHIBITING DISCARDING
OF ALCOHOLIC BEVERAGE CONTAINERS IN PUBLIC
PLACES IN THE TOWN OF WAPPINGER
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on June 29, 1983, your deponent posted a copy
of the attached notice of Public Hearing on a proposed
Local Law Amending Local Law No. 5 of 1980, Prohibiting
Discarding of Alcoholic Beverage Containers in Public
Places in the Town of Wappinger, on the signboard
maintained by your deponent in her office in the Town
Hall of the Town of Wappinger, Mill Street, in the Village
of Wappingers Falls, Dutchess County, New York.
Sworn to before me this //
day of
&:xe nr e.e
Notary Public
Doris M. Ca , lo
NntAry PubAlc SWe of New York
L:ie.ss County
Comm:3.: ion No. 46056/3
Commission expires March 3S.
1983.
( I
Elaine H. Snowden
Town Clerk
Town of Wappinger
til o cad 0. E.
NEWS
DISPLAY ADVERTISING
CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET—WAPPINGERS FALLS
NOTICE IS HEREBY GIVEN that
there has been duly presented and in-
troduced before the Town Board of the
Town of Wappinger, Dutchess County,
New York on June 13. 1983, a proposed
Local Law as follows:
A local law amending Local Law No.
5 of 1980. Prohibiting Discarding of -
Alcoholic Beverage Containers in
Public Places In the Town of Wapp-
inger.
' Section 1. Section 3 of Local Law No.
5 of 1980 is amended by adding to the
sentence contained therein at the_end
there of the following phrase:
"with intent to consume the
same."
Section 2. This local law shall take ef-
fect In the manner prescribed by
Municipal Home Rule Law.
NOTICE IS FURTHER GIVEN that the
Town Board will conduct a Public Hear•
ing on the aforesaid proposed Local
Law at the Town Hall, Mill Street,
Village of Wappingers Falls. Dutchess
County, New York on July 11th, 1983 at
7:50 P.M. EDT, on such date at which
time all parties interested will be heard.
NOTICE IS FURTHER GIVEN that
copies of the aforesaid proposed Local
Law will be available for examination
and inspection at the office of the Town
Clerk of the Town of Wappinger in the
Town Hall between the date of this
notice and the date of the public hear.
ing. ��`
• T'� , ' Elaine H. Snowden
Town Clerk
Town of Wappinger
Dated: June 29,1983
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappingcr.
Beatrice. Oaten of the
Town of Wappinger, Dutchess County, New York.
being duly sworn, says that he is, and at the several
times hereinafter was, theCo- dito.x-%P.ublirsr• • •
of the W. & S.D. NEWS, a newspaper printed and
published every Wednesday in the year in the Town of
Wappinger, Dutchess County, New York, and that the
annexed 'NOTICE was duly published in the said
newspaper for .. one.. • • . weeks successively once
. in each week, commencing on the .. 6th day of . j i
. 19.83. and on the following dates thereafter, namely
on
-and ending on the ....6th day of...3uIy
19.33. both days inclusive.
Subscribed and sworn to before me
this 6th . day of. .„hay •..•19.83
Notary Public
My commission expir^s
NOT,;,
`_ti(�.'ij3 '1..c/i-�
A Public Hearing was held by the Town Board of the Town of
Wappinger on July llth, 1983, at the Town Hall Mill Street,
Village of Wappingers Falls, Dutchess County, New York, on -a
proposed local law Amending Local Law No. 5 of 1980, Prohibiting
Discarding of Alcoholic Beverage Containers in Public Places in
the Town of Wappinger.
Supervisor Diehl opened the Hearing at 7:51 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Bernice Mills, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized. (These Affidavits
are attached hereto and made part thereof of the Minutes of this
Hearing).
Mr. Johnson commented that the Attorney had provided him with
copies of similiar laws from other towns and he would recommend
adding sections to this law to further strengthen it,at a later
date.
Supervisor Diehl asked for comments from the public either for or
against the local law.
There were no comments from the public for or against the proposed
local law.
Mrs. Mills moved to close the Public Hearing, seconded by Mr.
McCluskey and unanimously carried.
The Public Hearing closed at 7:53 P
OPALLUL
Elaine H. Snowden
Town Clerk
`. and L. D.
NEWS
DISPLAY ADVERTISING CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET—WAPPINGERS FALLS
NOTICE IS HEREBY GIVEN that
there has been duly presented and in-
troduced before the Town Board of the
Town of Wappinger, Dutchess County,
New York on June 13, 1983, a proposed
Local Law as follows:
A local law amending Local Law No.
5 of 1980, Prohibiting Discarding of -
Alcoholic Beverage Containers In
Public Places In Ms Town of Wapp-
Inger.
Section 1. Section 3 of Local Law No.
5 01 1980 Is amended by adding to the
sentence contained therein at the_end
there of the following phrase:
"with intent to consume the
same."
Stiction 2. This local law shall take ef-
fect In the manrer prescribed by
Municipal Home Rule Law.
NOTICE 19 FURTHER GIVEN that the
Town Board will conduct a Public Hear-
ing on the aforesaid proposed Local
Law at the Town Halt Mill Street,
County N we York 011 JulyIngers ll Falls,
11983 at
7:50 P.M. EDT, on such date at which
time all parties Interested will be heard.
NOTICE 16 FURTHER GIVEN that
copies of the aforesaid proposed Local
Law will be available for examination
and Inspection at the office of the Town
Clark of the Town of Wapplrger in the
Town Hall between the date of this
notice and the dale 01 IM public hear-
-Elaine H. Snowden
Town Clerk
Town of Wapping*, 4
Dot , 1963-
ing.
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappingcr.
Beatrice- Oaten of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, theCorEdit. xt ublicher• • •
of the W. & S.D. NEWS, a newspaper printed and
published every Wednesday in the year in the Town of
Wappinger, Dutchess County, New York, and that the
annexed • NOTICE was duly published in the said
newspaper for .. one..... weeks successively ..one..
. in each week, commencing on the .. 6ttt day of .Full
. 19.83 , and on the following dates thereafter, namely
on
.and ending on the ....6th
19.83. both days inclusive.
day of.. buy
Subscribed and sworn to before me
this 6th ... day of.. Jay .... 19. $3
Notary Public
My commission expires
ALBERT M. C3Trikt
F 1(it TATE:;VOti +rr:pg
QUAt;Pt:D L'4 ii�IF,
COMMISSIOt:
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
A PROPOSED LOCAL LAW AMENDING LOCAL
LAW NO. 5 OF 1980, PROHIBITING DISCARDING
OF ALCOHOLIC BEVERAGE CONTAINERS IN PUBLIC
PLACES IN THE TOWN OF WAPPINGER
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on June 29, 1983, your deponent posted a copy
of the attached notice of Public Hearing on a proposed
Local Law Amending Local Law No. 5 of 1980, Prohibiting
Discarding of Alcoholic Beverage Containers in Public
Places in the Town of Wappinger, on the signboard
maintained by your deponent in her office in the Town
Hall of the Town of Wappinger, Mill Street, in the Village
of Wappingers Falls, Dutchess County, New York.
Sworn to before me this /P
day of
1983.
Q � � i7 •eier e-�
Notary Public
Doris M. Carlo
Noisy public, ¶ tite •)f New York
Dutcaess County
Comm a: ion no. 1605673
Commission expires March 311.ifa0�
i
attLet
Elaine H. Snowden
Town Clerk
Town of Wappinger