1982-12-13 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
DECEMBER 13, 1982
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG /
3. ACCEPT MINUTES eS�
-i 11/W - ‘'G"` -es 1 t/I5/' : i �i�d'� z (2/ 4/tL
4. REPORTS OF OFFICERS:
Town Justices Bldg/Zoning Receiver of Taxes Hydrant
Compt/Supervisor ►nr,r 0.110i
5. PETITIONS & COMMUNICATIONS
a. Request from Zvi Segal to create a Tenant Sewer District to
Rockingham Farm
b. Bradley Whited re: selection of Town Board member to act as
liaison to Airport Advisory Committee
c. Resignation of Eleanor Croshier as Justice Court Clerk with
request for reimbursement of 2 Weeks unused vacation
d. Two Article 78's served on Town from DWS 4 WVC - Sewer Assessments
e. Receipt of CATV Bond (requirement of agreement)
f. Correspondence from Attorney to Town: 1. Carmel Heights Rd.
2. opinion from State Compt. on Professional Contract/Camo
3. Mazochi-Petvai Claims - BellAire Lane 4. Cranberry
improvements. 5. Appraisal by Brinier & Larios of Atlas
g. Request from D. Alexander for Release of Retainage for Storm,
Sewer Contract - Bell Aire Lane
h. James Klein request acceptance of Briar Lane (Off A11 Angels Hill
Rd.) andt Regfuas'f car ecktPrviirsky- acoas.wv...sui4 Pk Dts*,
i. Dutchess Co. Dept. P.W. acknowledge receipt of Speed Lim t request
for Losee Rd., and D. Co. Safety Bd. accident reporVAdd`L P_cp•�t-tM c%
j. Set Date for ReOrganizational Meeting (January)
k. Correspondence from Fire Prevention Bureau
1. L. Diehl memo in reference to R. Holt letter -Little League
m. Notice of Public Hearing on Zoning Ord. Town of Lloyd
6. COMMITTEE REPORTS ` n
7. RESOLUTIONS l 1
a. Canes-Gontrae
b. Bids for Construction of Highway Garage Extension
c. Tri -Municipal - Conveyance of Lands
d. Demolition of Dagnone House (Rte 9D & Middlebush Rd., as requested;
by Bldg. Insp.) t
e. Bids on 2 Pickup Trucks for Highwy Dept.
f. L.L. Stop Signs for Losee Rd. & Sucich Place
g. L.L. Fleetwood Water 0 & M rate increase
h. L.L. Rockingham Sewer 0 & M rate increase
i. L.L. Mid -Point Park Sewer 0 & M rate increase
j. Hamlet Conservation Park District
k. Res. to file notice on PASNY
8. UNFINISHED BUSINESS
MOCASSIN HILL Rds.
9. NEW BUSINESS
10. ADJOURNMENT
The Regular Meeting of the Town Board of the Town of Wappinger
was held on December 13, 1982, at the Town Hall, Mill Street,
AP
Village of Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:07 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, Acting Highway Superintendent
All stood for the Pledge of Allegiance to the American Flag.
The Minutes of the Regular Meeting of November 8th, 1982 and the
Special Meetings of November 15th, 16th, and December 6th, 1982,
having previously been sent to the Town Board,Members, were now
placed before them for their consideration.
MR. MCCLUSKEY moved that the above stated Minutes be and they are
hereby approved as submitted by the Town Clerk.
Seconded by Mr. Johnson
Motion Unanimously Carried
Reports for the month of November were received from the Town
Justices, Building Inspector/Zoning Administrator, Receiver of
Taxes, Hydrant Report from the Highway Department and the Super-
visor/Comptroller Report thru October 31, 1982.
MR. JOHNSON moved that the above Reports be accepted and placed
on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
Supervisor Diehl requested the Town Clerk to begin the Agenda
with the PASNY Resolution, item 7k, since there were many residents
present who were interested in that matter.
RESOLUTION AUTHORIZING PARTICIPATION IN THE
CERTIFICATION PROCEEDING IN THE MATTER OF THE
APPLICATION OF THE POWER AUTHORITY OF THE STATE
OF NEW YORK FOR A CERTIFICATION OF ENVIRONMENTAL
COMPATIBILITY -AND PUBLIC NEED TQ BUILD 345 KILOVOLT
ELECTRIC TRANSMISSION FACILITIES WITHIN THE
TOWN OF.WAPPINGER
The following resolution was offered by COUNCILMAN VERSACE
who moved its adoption:
WHEREAS, the Town has received notice of application of
the Power Authority of the State of New York to the Public
Service Commission for a certification of environmental
compatitcility and public need to build a 345 kilovolt
electric transmission facility, a portion of which is to
be constructed in the Town of Wappinger, which notice stated
that the intended date of filing the application was November
19, 1982, and
WHEREAS, citizens of the Town of Wappinger, especially in
the area most affected by the proposed power line have voiced
serious concern and opposit4on to the proposal, and
WHEREAS, it appears that there are serious questions as to
the actual existence of public need and environmental compati-
bility as required by law, and
WHEREAS, in order to protect the interests of the Town of
Wappinger, it appears desirable that the Town exercise its rights
to participate in the certification application process as a
party: ,
NOW, THEREFORE, BE IT RESOLVED, that the Town shall forthwith
exercise its rights to participate in the certification proceedings,
and the Town Supervisor is hereby authorized to execute the
necessary documents to effectuate such participation.
Seconded by: Councilman Johnson
Roll Call Vote:
Supervisor Diehl Aye
Councilman Johnson Aye
Councilman McCluskey Aye
Councilwoman Mills Aye
Councilman Versace Aye
Resolution Duly Adopted
The following letter was received from the Attorney in his matter:
December 10, 1982
Town Board
Town of Wappinger
P.O. Box 324
Wappingers Falls, NY 12590
Re: Public Service Commission Notice
Dated December 7, 1982
Dear Members of the Town Board:
We have received from the,Supervisor the notice of a
pre -hearing conference to beheld in Cooperstown on January 4,
1983.
-r We will be prepared to attend such conference if you so
direct. i would note, however, that informal conversations had
between our office, the county, the county attorney's office and
the Town of East Fishkill suggest the possibility that a collective
'3
effort will be made by affected municipalities to retain a law
firm in Albany that specializes in. Public Service Commission Law.
However, it appears improbable that such steps will be taken prior
to January 4, 1983. In view of the same, attendance at this
conference may be desirable. However, we will defer to the
discretion of the board with respect to the same.
Very truly yours,
Corbally, Gartland & Rappleyea
s/ Jon Holden Adams
MR. VERSACE moved that the Attorney be authorized to attend
this conference on behalf of the Town of Wappinger.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mr. Diehl recommended that a member of the Board be appointed
to represent the Town of Wappinger in all public hearings and
conferences relating to the 345K Power Lines proposed by PASNY.
MR. DIEHL moved that Deputy Supervisor Nicholas Johnson be appointed
as the liaison member to represent the Town in this matter.
Seconded by Mrs. Mills
41/4/
tion Unanimously Carried
Mr. Donald Kitchen, a representative of a new organization named
PROTECT (Prudent Residents Opposed to Electric Cable Transmission
in Dutchess County, was recognized by the Chair and thanked the
Board for their support. He informed the Board that PROTECT
had retained an attorney from New York City who was a leading
environmental lawyer named David Sives. He pointed out that since
the fee for this service would be substantial, it could be shared
by all the affected municipalities if they chose to retain him
for this opposition, and asked the Board to consider this appoint-
ment.
MR. DIEHL moved that Mr. Johnson and Mr. Adams (or another attorney
from the law firm of Corbally, Gartland and Rappleyea) set up a
meeting with Mr. Sives to discuss this matter.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mrs. Snowden brought up the first item on the Agenda which was
a request from Zvi Segal, developer of the Carmel Heights Sub-
division for the creation of a Tenant Sewer District to the
Rockingham Farms Sewer District.
MR. VERSACE moved to accept Mr. Segal's request to create a
Tenant Sewer District to the Rockingham Farms Sewer District
and refer this to the Attorney to prepare the appropriate
resolution.
Seconded by Mrs. Milts
Motion Unanimously Carried
MR- Bradley Whited wrote to the Board regarding the selection
of a Town Board Member to act as liaison to the Aipport Advisory
Committee, as previously requested by the Board.
MR. JOHNSON moved that Councilman Gerard McCluskey be appointed
as the liaison member of the Town Board to the Airport Advisory
Committee.
Seconded by Mr. Diehl n�
Roll Call Vote: 4 Ayes Mrs. Mills Abstained
Eleanor Croshier wrote to the Town Board advising them that
she was terminating her employment with the Town of Wappinger
effective December 31, 1982. A second letter from Mrs. Croshier
was a request for reimbursement of two weeks vacation which she
stated she was unable to take due to the heavy workload. It was
noted that Mrs. Croshier was the Court Clerk for the Town Justices
for the past twenty years.
MR. DIEHL moved that Mrs. Croshier's request be referred to the
Personnel Committee for review of this request as related to the
Town Personnel Policy and their report be submitted at the Year
End Meeting for consideration by the full Board.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mrs. Mills noted that a. resignation had also been received from
Ethel Relyea, Deputy Town Clerk, who was also a long time employee
of the Town.
MRS. MILLS moved that the resignations of Mrs. Croshier and Mrs.
Relyea be accepted with regret and best wishes for their future
plans.
Seconded by Mr. Johnson
Motion Unanimously Carried
Two Article 78's were served on the Town Clerk from DWS and WVC
on Sewer Benefit Assessments.
MR. MCCLUSKEY moved to refer the two Article 78's to the Attorney
to the Town to defend on behalf of the Town.
Seconded by Mr. Johnson
Motion Unanimously Carried
The Performance Bond required in the franchise agreement
between the Town of Wappinger and U. S. Cablevision Corp was
received by the Town Clerk for filing and was placed before the
Town Board for their consideration.
Mr. Adams informed the Board that he was not completely satisfied
with the language of the bond and recommended that he contact
the cable company to discuss changes.
MR. JOHNSON moved that the Attorney to the Town be directed to
contact U. S. Cablevision Corp. to discuss changes in the
language of the Performance Bond as presented.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mrs. Mills brought up the fact that the cable company was
increasing the rate for HBO customers one dollar a month beginning
January 1, 1983. She resented the fact that this increase was
never mentioned during the negotiations they had for the renewal
of the franchise and felt the Board should voice their objection
to the increase.
MRS. MILLS moved that a letter be directed to U. S. Cablevision
Corp. indicating that the Town Board objects to the one dollar
monthly increase being levied on HBO customers and they feel that
this matter should have been brought up during the negotiations
for the renewal of the cable franchise.
Seconded by Mr. Versace
Motion Unanimously Carried
A letter from the Attorney informed the Board that he had been
advised by Mr. Croshier that Carlen Drive in the Carmel Heights
Subdivision had been completed by Mr. Segal and he recommended
the release of the Letter of Credit held by Town. Mr. Lapar
concurred with Mr. Croshier's recommendation of the release of
the Letter of Credit.
MR. JOHNSON moved that the Letter of Credit being held by the
Town for the completion of Carlen Drive, be released to Mr.
Segal, Developer of Carmel Heights Subdivision, as recommended
by Mr. Croshier and Mr. Lapar.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Adams wrote to the Board enclosing an opinion from the
State Comptroller which appeared to conclude that our contracts
with Camo Pollution Control are contracts for professional
services.
MRS. MILLS moved that the Supervisor be authorized to sign the
agreement between Camo Pollution Control and the Town of Wappinger
with the changes recommended by the Attorney.
Seconded by Mr. Versace
Motion Unanimously Carried
A third report from Mr. Adams addressed the Mazochi and Petvai
Claims relating to the Bell Aire Storm Sewer Project. The Petvai
claim had been settled by the contractor's insurance company, but
further investigation by him revealed that the Mazochi claim had
been denied.
MR. MCCLUSKEY moved to receive the report of the Attorney and
place it on file.
Seconded by Mr. Johnson
41
Motion Unanimously Carried
Mr. Johnson recommended that the next two reports from the
Attorney regarding Cranberry Improvements and the Appraisal
for the Atlas Water Company be discussed at a special work shop
session.
MR. JOHNSON moved that the Town Board and the Attorney meet at 7 PM
on January 6th, 1983, for a work shop session to discuss the
reports submitted by the Attorney on Cranberry Improvements
and the Appraisal for the Atlas Water Company.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A request was received from Dave Alexander for the release of
the retainage fee being held by the Town on the Bell Aire Lane
Storm Sewer Contract.
MR. VERSACE moved to approve the release of the retainage fee
on the Bell Aire Lane Storm Sewer Contract in the amount of
$6,782.35, as requested by Dave Alexander.
Seconded by Mr. Johnson
Motion Unanimously Carried
MR. James Klein wrote to the Board requesting acceptance of
Briar Lane in the Klein & Alexander Subdivision. The Acting
Highway Superintendent advised the Board that this road had
been completed according to the Town Highway Specifications
and recommended its acceptance.
The following resolution was offered by COUNCILMAN VERSACE
who moved its adoption:
WHEREAS, James A. Klein and David Alexander, the owners
of certain property in the Town of Wappinger have offered to
dedicate a parcel of land known as Briar Lane in the Town of
Wappinger, Dutchess County, New York, to the Town of Wappinger
and,
WHEREAS, an Irrevocable Letter of Credit has been posted
to guarantee the completion of said road in accordance with
the rules and regulations of the Town ofWappinger,
NOW, THEREFORE, BE IT RESOLVED, that Briar Lane as more
particularly described in a deed from James A. Klein and David
Alexander to the Town of Wappinger dated December 17th, 1980,
is hereby accepted as a public highway in the Town of Wappinger,
and it is
FURTHER RESOLVED that said Developers shall post a bond to
guarantee highway construction of said road, guaranteeing the
standard of construction in accordance with said town's rules
and regulations in the sum of 20% of the existing Performance
Bond (in the form of an Irrevocable Letter of Credit) in form
acceptable to the Town and be it
FURTHER RESOLVED that upon the filing of the said Highway
Construction Guarantee Bond, the present Performance Bond (in
the form of an Irrevocable Letter of Credit) shall be released
by the Town Clerk of the Town of Wappinger and be returned to
James A. Klein and David Alexander, and be it
FURTHER RESOLVED that the name of the road upon acceptance
shall be Briar Lane and,
BE IT FURTHER RESOLVED that the acceptance of the road
shall be conditional upon the tender to the Town in a form
acceptable to the Attorney to the Town the Irrevocable Letter
of Credit guaranteeing highway construction and a Title Policy
deemed necessary by the Attorney to the Town.
Seconded by: Councilwoman Mills
Roll Call Vote: 5 Ayes 0 Nays ry
Mr. KLein was present and wished to speak to the Board on another
matter; he requested permission from the Town Board to proceed
under Section 281 of Town Law with the Eck Subdivision.
The following resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
RESOLVED, that the Town Board grant the applicant permission
to proceed -under-Section 281 of Town Law and'authorize the Planning
Board to proceed with the Eck Subdivision application as a Cluster
Development pursuant to Section 281 of Town Law and Section 411.92
(Conservation Subdivision) of the Town of Wappinger Zoning
Ordinance with provision for inclusion of a Conservation Park
District, and
BE IT FURTHER RESOLVED, that the Planning Board refer the
application back to the Town Board for their review and comments
after it has received preliminary approval, but prior to Planning
Board final approval.
Seconded by: Councilman McCluskey
Roll Call Vote: 5 Ayes 0 Nays
Correspondence was received from Mr. Peter Anagnos, Director of
Engineering, Dutchess County Department of Public Works, in
response to our request for a lower speed limit on Losee Road.
This request was being reviewed by that department and if favor-
able would be forwarded to the state for their approval. Mr.
Anagnos recommended that a stop sign be erected on Sucich Place
and indicated that any other arrangement would be confusing.
Discussion followed on this recommendation since the Board had
held a public hearing on a proposed Local Law for the installation
of three stop signs in this area. It was agreed that further
comments on this matter would come up later on in the meeting
when the Board considered action on this proposed local law.
Mrs. Sandra Goldberg, Wappinger County Legislator, was recognized
by the Chair and commented that she had spoken to Mr. Spratt,
Commissioner of Dutchess County Department of Public Works and
he was very encouraging in the matter of the reduced speed limit.
She further commented on the stop signs and felt that three signs
could be confusing especially if there were an accident, where do
you put the blame.
The Board had previously requested that law enforcement agencies
be contacted for records of accidents on Losee Road and after
numerous calls had been made to these agencies we were referred
to the Dutchess County Traffic Safety Board. According to their
records, a total of eight accidents had occurred on Losee Road
during 1982 and four accidents during 1981.
Mr. Diehl directed that all the correspondence pertaining to
Losee Road be received and placed on file.
The next item placed before the Board for their consideration
was the date for the Year End Meeting and the Reorganizational
Meeting.
MR. JOHNSON moved that the Year End Meeting be set for December
30, 1982 at 4 P.M. and the Reorganizational Meeting be set for
January 3, 1983 at 7 P.M.
Seconded by Mrs. Mills
Motion Unanimously Carried
A letter was received from the Fire Prevention Bureau regarding
a paid Fire Inspector for the Town. Mr. Johnson felt this needed
further discussion by the Board and recommended that this be done
at their work shop session.
MR. JOHNSON moved that the letter from the Fire Prevention
Bureau regarding a paid Fire Inspector be referred to the
December 27, 1982 work shop session for discussion by the Board.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Ralph Holt, President of Little League, wrote to Mr. Diehl
requesting a donation of $220.00 for jackets for their Big League.
Mr. Diehl explained that this League had been successful in the
District 17 Championship and had received various awards for this
accomplishment. The other towns involved had contributed towards
these awards and the $220.00, if approved by the Board, would
represent the Town of Wappinger donation.
MR. JOHNSON moved that the expenditure of $220.00 for jackets for
the Southern Dutchess Big League be approved and this amount be
taken from Federal Revenue Sharing account.
Seconded by Mr. Versace
Motion Unanimously Carried
Mr. Holt also mentioned in his letter that the Board consider
approval of a contract with Little League similiar to the one
they agreed to for the year 1982.
MR. VERSACE moved to approve entering into contract with the
Little League Association for the year 1983 and authorize the
Attorney to draw up said contract for the Town Board's consid-
eration.
Seconded by Mr. Johnson
Motion Unanimously Carried
A Notice of Public Hearing was received from the Town of Lloyd
on an Amendment to their Zoning Ordinance.
MR. JOHNSON moved to receive the Notice of Public Hearing from
the Town of Lloyd and place it on file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Under Committee Reports, Mr. Gerry Webb had submitted a report
that had been previously requested by the Board giving detailed
information on a Drainage Study to be conducted by students
from Cornell Uhhiversity and initiated by the Conservation
Advisory Council. This report had been left earlier in the day
for distribution to the Town Board Members and Mr. Lapar and
received by them just previous to the meeting. Mr. Johnson
recommended that the report be referred to Mr. Lapar for his
review before the Board considered taking action on it.
Mrs. Mills reported that she and the Comptroller had attended
a Blue Cross Health Insurance meeting in Newburgh regarding
changes in medical insurance for Town employees which she would
discuss further at a work shop session.
Mr. Johnson had several ordinances he wished to discuss at work
shop session and asked that one hour be set aside for a discussion
with the Zoning Board of Appeals on December 27, 1982.
A second item Mr. Johnson wished to discuss at work shop session
was a request from Mr. Croshier for equipment for the Highway
Department.
Mr. Johnson reported that a new bathroom facility was needed at
the Highway Department plus renovations to house the Patrol Car.
�l
L
MR. JOHNSON moved that an expenditure not exceeding $500.00 be
authorized for an additional bathroom facility at the Highway
Department and renovations to be made on one of the stalls
adjacent to the Sheriff Sub -Station to provide housing for the
Patrol Car at night and this expenditure to be charged to the
Federal Revenue Sharing Account.
Seconded by Mr. McCluskey
Motion Unanimously Carried
It was brought up by Mr. Johnson that a meeting would be held at
the Dutchess Community College on December 16, 1982 at 10 A.M.
on the CHIPS Program (Consolidated Local Street and Highway
Improvement Program) which the Highway Superintendent was aware
of and intended to attend. Mr. Johnson felt it would be appro-
priate for the Comptroller to be present at this meeting and
requested that he be directed to attend along with Mr. Croshier.
Mr. McCluskey reported that he had set a meeting with representa-
tives of the Merritt -Meridian Corp. in Beacon (building contractors)
and also representatives from an architectural firm in Newburgh
on December 15, 1982 at 4 P.M. and he invited the Board Members
to attend the meeting.
Mr. Versace commented that he was under the impression that the
full Board would be working on the project for a new Town Hall
and a work shop session would be set up for these discussions.
Committees are fine for some matters, he continued, but in this
case he thought they all agreed that the full Board would be
involved from the beginning and be aware of all meetings.
Mr. McCluskey responded that he was Chairman of the Building
Committee and he had been contacted by contractors who had been
informed that the Town was moving forward toward a new Town Hall.
He would welcome Mr. Versace's input and he was welcome to attend
any of the Committee meetings. Up to thispoint, he continued,
nothing had been discussed since he had no idea of the type of
building the Town has in mind or how far the money will go.
The meeting that he set would be the first for discussions on
what way they want to go.
Bids for the Construction of the Highway Garage Extension were
opened on the 10th of November, 1982 from two companies ---
B/D Contracting, total amount of $50,050.00 and Merritt Meridian
Construction Corp. total amount of $51,444.00.
MR. JOHNSON moved that the Bid for the Highway Garage Extension
be awarded to B/D Contracting as low bidder in the amount of
$50,050.00, authorize the Supervisor to sign the contract for
this project and authorize the Comptroller to prepare the necessary
papers for bonding.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
WHEREAS, the Town of Wappinger was a signatory to an
Agreement of Municipal Cooperation between said Town and the
Town of Poughkeepsie, Town of LaGrange and the Village of
Wappingers Falls dated the 28th day of October, 1975, and
WHEREAS, said Agreement has been recently amended to provide
that the Town of Wappinger is no longer party to said Inter-
municipal Agreement, and
WHEREAS, the Town of Wappinger will in the future no longer
be members of the Tri -Municipal Sewer Commission, and
WHEREAS, pursuant to the amendment of said Agreement, it
was understood that the interest in certain premises located in
the Town of Poughkeepsie to be used as a sewage treatment plant
site were to be conveyed by the Town of Wappinger to the Town of
Poughkeepsie and the Village of Wappingers Falls for consideration
as hereafter stated, and
WHEREAS, the Tri -Municipal Sewer Commission is crediting to
the Town of Wappinger in exchange for said conveyance its pro-
portionate share of said premises against monies owed to the
Tri -Municipal Sewer Commission by said township and releasing it
from all existing or further financial or other obligations to
the Commission,
NOW, THEREFORE, be it resolved as follows:
1. That the Town of Wappinger hereby conveys all of its
interest in and to certain premises purchased from the Children's
Aid Society and more particularly described in a deed recorded in
the Dutchess County ,Clerk's Office in Liber 1443 of Deeds at Page
70 to the Town of Poughkeepsie and the Village of Wappingers Falls
as members of the Tri -Municipal Sewer Commission.
2. That the Supervisor of the township is hereby authorized
to execute a quitclaim deed on behalf of the Town of Wappinger so
that all of the interests of the Town of Wappinger in said property
be conveyed to the Town of Poughkeepsie and the Village of Wappingers
Falls as members of the Tri -Municipal Commission.
3. That upon tender of said deed to the Commission, the
Commission shall pay to the Town of Wappinger the sum of $1,800.00
said sum representing the balance due to the Town of Wappinger
after consideration of the value of the interest conveyed by
the Town ($24,000) less any existing financial obligation of
the Town of Wappinger subject to the audit hereafter described.
4. That tender of the deed shall be upon the condition
that its acceptance shall constitute a release by the Village
of Wappingers Falls, the Town of Poughkeepsie and the Tri -
Municipal Commission of any existing and further claims of
any kind which they may have or will ever have as a result
of the participation of the Town of Wappinger in the Tri -
Municipal Commission subject to the audit hereafter described.
5. Any amount due to the Town of Wappinger from the
Tri -Municipal Commission is subject to audits to be performed
by the United States Environmental Protection Agency and the
New York State Department of Environmental Conservation.
Seconded by: Councilman Versace
Roll Call Vote:
Louis Diehl, Supervisor Aye
Nicholas Johnson, Councilman Aye
Gerard McCluskey, Councilman Aye
Bernice Mills, Councilwoman Aye
Francis Versace, Councilman Aye
A report was received from the Building Inspector regarding
the Dagnone House at the corner of Route 9D and Middlebush
Road and a recommendation that the Town Board pass a resolution
ordering the immediate repair or demolition of the building.
The following resolution was offered by COUNCILMAN MCCLUSKEY
who moved its adoption:
WHEREAS, pursuant to Section 4 of Local Law No. 8 of 1982,
the Town Board has received an investigative report concerning
an unsafe building as more particulary described in the letter
of the Building Inspector of the town dated November 24th, 1982,
and attachments thereto, and
WHEREAS, the Town Board has duly considered what course
of action is appropriate in view of the condition of the premises
described therein,
NOW, THEREFORE, BE IT RESOLVED that the report of the Building
Inspector dated November 24, 1982 with attachments be received, and
BE IT FURTHER RESOLVED that upon the recommendation of the
Building Inspector and for the reasons set forth therein, it is
determined that the premises described in said report are unsafe
and dangerous, and
BE IT FURTHER RESOLVED that because prior directives to
secure the premises to avoid further deterioration thereof have
been ineffectual as determined by the Building Inspector and
as the deterioration of the premises appears to be advanced, it
is hereby determined that the premises cannot be safely repaired
and should be demolished unless immediate steps are taken to arrest
deterioration and to correct all the unsafe circumstances as
outlined by the report of November 24th, 1982 and attachments, and
BE IT FURTHER RESOLVED that failure within fifteen (15)
days of service of this letter upon the owner of the premises to
arrest the deterioration of the building and to eliminate the
unsafe circumstances existing thereat, the premises shall be
demolished by the owner no later than January 15, 1983, and
BE IT FURTHER RESOLVED that if the owner fails to undertake
demolition or correction of the unsafe circumstamces as hereto..
fore provided, the Building Inspector shall cause the premises
to be demolished at the expense of the owner of the premises.
Seconded by: Councilwoman Mills
Roll Call Vote: 5 Ayes 0 Nays \
Bids for two Pick-up Trucks for the Highway Department were
opened on December 8, 1982. Two bids were received as
follows: McCallum Chevrolet, $20,995.00 and Louis Smith Chevrolet,
$20,672.44. Mr. Croshier recommended that the bid be awarded to
Louis Smith Chevrolet, low bidder.
Mr. McCluskey commented that in view of the fact that the
difference between the two bids was only $322.00, he felt the
bid should be awarded to the local dealer and the vehicles could
be serviced locally rather than traveling across the river to
Newburgh where the low bidder company was located.
The Attorney stated there were no provisions in the General
Municipal Law for exceptions based upon consideration that a
location might be more acceptable than the other relating to
traveling for service or repairs.
Mr. Philip Marsh was recognized by the Chair and stated that he
was a resident of the Town and a salesman from McCallum who had
submitted the bid for the pick-up trucks. He protested the
awarding of the bid to the low bidder based on the same facts
that Mr. McCluskey had presented. The difference in mileage
from one dealer to the one located across the river he claimed
was almost double and in addition there were tolls to consider
plus the fact that two vehicles would be needed to take the
truck for service in order to provide return transportation for
the driver of the vehicle that would be left for repairs. He
further noted that the company had a good relationship with the
Town and had been awarded a bid for the previous truck purchased
by the Highway and they were well stocked with the necessary parts.
Mr. Adams pointed out that the only way the Board could award the
bid to a company that was not the low bidder was to determine that
the low bidder was not a responsible bidder.
Mr. Anthony Valentino was recognized by the Chair and informed the
Board that he was a resident of the Town for 60 years and an
employee of McCallum Chevrolet and brought up the same arguments
that Mr. Marsh mentioned relating to awarding the bid for the
pick-up trucks to the low bidder. He added that he felt the
business should be kept in the County.
This discussion continued, however, the Board Members explained
that the Attorney had given his opinion based on the Law and
they must abide by this opinion.
MR. JOHNSON moved that the bid for the Highway Pick-up Trucks
be awarded to Louis Smith Chevrolet, low bidder, in the amount
of $20,672.44 which would be charged to the Federal Revenue
Sharing Account.
Seconded by Mrs. Mills
Motion Unanimously Carried
A Public Hearing having been held by the Town Board on a
proposed Local Law Providing for Stop Signs for Losee Road
and Sucich Place on December 6, 1982, the matter was now placed
before them for their consideration.
MR. JOHNSON moved to adopt the following Local Law *9 of 1982:
A Local Law amending Local Law No. 3 of 1982 Regulating Traffic
within the Town of Wappinger.
Section 1. Full Stop Streets.
Local Law No. 3 of 1982 is amended by adding Section 1
there of to read:
The following roads and highways are hereby designated
as full stop streets and intersections and all vehicles shall
observe any posted stop sign at the intersection hereinafter
described before entering the intersecting street:
Both sides of Losee Road at its intersection with
Sucich Place.
Sucich Place at its intersection with Losee Road.
Section 2. Effective Date
This local law shall become effective upon filing with
the Secretary of State.
Seconded by: Mr. Versace
Roll Call Vote: 5 Ayes 0 Nays
A Public Hearing having been held by the Town Board on a
proposed Local Law Amending Local Law #13 of 1980 and Local
Law #10 of 1981 Relating to the Imposition, Charge and Collection
of Water Rates for the Mid -Point Park Sewer District on December
6, 1982, the matter was now placed before the Board for their
consideration.
At the Public Hearing, it came to light that there may have
been more of an expended balance than hitherto anticipated and
the Board felt that an increase at this time was not necessary.
There was some area of concern that perhaps later this year
there may be a need to increase the rates.
MR. JOHNSON moved that no action be taken on the proposed Local
Law Amending Local Law #13 of 1980 and Local Law #10 of 1981
Relating to the Imposition, Charge and Collection of Water
Rates for the Mid -Point Park Sewer District and the rates
remain the same.
Seconded by Mrs. Mills
Motion Unanimously Carried
A Public Hearing having been held by the Town Board on a proposed
Local Law Amending Local Law ##12 of 1980 Local Law #9 of 1981
Relating to the Imposition, Charge and Collection of Water Rates
for the Rockingham Sewer District, on December 6, 1982, the
matter was now placed before them for their consideration.
At the Public Hearing it came to light that there may have been
more of an expended balance than hitherto anticipated and the
Board felt that an increase at this time was not necessary.
There was some area of concern that perhaps later this year
there may be a need to increase the rates.
MR. JOHNSON moved that no action be taken on the proposed Local
Law Amending Local Law #12 of 1980 and Local Law ##9 of 1981
Relating to the Imposition, Charge and Collection of Water Rates
for the Rockingham Sewer District and the rates remain the same.
Seconded by Mrs. Mills
Motion Unanimously Carried
A Public Hearing having been held by the Town Board on a proposed
Local Law Amending Local Law ##8 of 1980 and Local Law #7 of 1981
Relating to the Imposition, Charge and Collection of Water Rates
/i
for the Fleetwood Water District, on December 6, 1982, the
matter was now placed before them for their consideration.
At the Public Hearing it came to light that there may have
been more of an expended balance than hitherto anticipated
and the Board felt that an increase at this time was not
necessary. There was some area of concern that perheps later
this year there may be a need to increase the rates.
MR. JOHNSON moved that no action be taken on the proposed Local
Law Amending Local Law *8 of 1980 and Local Law *7 of 1981,
Relating to the Imposition, Charge and Collection of Water Rates
for the Fleetwood Water District and the rates remain the same.
Seconded by Mrs. Mills
Motion Unanimously Carried
A Public Hearing having been held by the Town Board on the
matter of the Establishment of The Hamlet Conservation Park
District on December 6th, 1982, the matter was now placed before
them for their consideration.
IN THE MATTER OF THE ESTABLISHMENT OF THE HAMLET
CONSERVATION PARK DISTRICT IN THE TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12
OF THE TOWN LAW.
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:.
WHEREAS, a petition dated November 5, 1982 has been duly
presented to the Town Board of the Town of Wappinger, with the
necessary map and plan attached thereto according to law,
requesting that a Conservation Park District, as hereinafter
described, be established in the Town of Wappinger, and
WHEREAS, Gino M. Pullo has petitioned the Town Board of the
Town of Wappinger, as a condition of subdivision approval for
The Hamlet, for the creation of a Conservation Park District, and
WHEREAS, said Town Board duly adopted on November 8, 1982
a resolution reciting in general terms the filing of said petition,
the Boundaries of said District, that no Improvements are proposed
to be made, and no Public Funds will be expended, and specifying
that said Town Board shall meet at the Town Hall, Mill Street, in
the Village of Wappingers Falls, New York on the 6th day of
December 1982 at 7:00 P.M. to consider said petition and hear
all persons interested in the subject thereof, concerning the
same, and
WHEREAS, copies ofsaid resolution were duly published and
posted according to law, and said Town Board did, at the time
and place specified in said resolution, duly meet and consider
the matter of the establishment of said Conservation Park District,
and hear all persons interested in the subject thereof, and
ig
WHEREAS, the evidence offered at such time and place
requires that the Town Board make the determinations hereinafter
made;
NOW, THEREFORE, RESOLVED, by the Town Board of the Town
of Wappinger, in the County of Dutchess, New York, that it be
and hereby is determined as follows:
1. The aforesaid petition is signed and acknowledged
as provided by law and is otherwise sufficient.
2. That all of the property and property owners within
the proposed Conservation Park District are benefitted
thereby.
3. That all of the property and property owners benefitted
are included within the proposed Conservation Park
District.
4. That it is in the public interest to establish the
proposed Conservation Park District as hereinafter
described.
and be it
FURTHER RESOLVED, that the Town Board does hereby approve
the establishment of a Conservation Park District as hereinafter
described, to be known as the Hamlet Conservation Park District,
and shall be bounded and described as follows:
All that tract of land in the Town of Wappinger
Bounded and described in Schedule "A", attached
hereto and made part hereof.
and be it
FURTHER RESOLVED, that no funds be expended for improvements,
said District to remain in its natural state, and be it
FURTHER RESOLVED, that the applicant Gino M. Pullo, as
owner of all lands within the District assume any costs
associated with the formation of said District, and be it
FURTHER RESOLVED that the creation of the District be
conditioned upon the donation by the applicant, Gino M. Pullo,
of the sum of $1,000.00, said sum to be used to defray the
maintenance cost of the district, and be it
FURTHER RESOLVED and determined that this resolution shall
take effect upon the adoption of final subdivision approval by
the Town of Wappinger Planning Board and execution of the Plat
by signature of the Planning Board Chairman, and as provided
by Town Law.
Seconded by: Supervisor Diehl `n�
Roll Call Vote: 5 Ayes 0 Nays Y"'"
Under Unfinished Business Mr. Adams had a report on the status
of the Mocassin Hill Roads. The developer had obtained three
of the four easements required for the dedication of these roads,
however, the one easement he was not successful in acquiring was
actually a cul-de-sac and not necessary for thru traffic. Due to
weather conditions, there was still work to be done on the roads
in the amount of $10,000 and the developer was agreeable to
posting this sum in cash to assure completion of the work.
Mr. Adams explained that the Town could accept the roads with
the exception of the one portion which was the cul-de-sac where
no easement has been obtained conditionable upon the posting of
the $10,000 cash bond.
MR. VERSACE moved that the Town accept an agreement with the
developer of Mocassin Hill which would provide that the sum of
$10,000 be held in an escrow account until all work is completed
on the roads and the attorney approve all necessary documents
in writing before dedication of the roads in this subdivision
becomes final.
Seconded by Mr. Mcluskey
1' -
Motion Unanimously Carried
Mr. Versace mentioned correspondence received from the Comptroller
indicating that additional revenues were received from the County
which represented the Town's share of mortgage tax for the period
of April 1, 1982 through September 30, 1982. There was actually
a surplus of $136,000 which was a result of the financing of
the Pizzagalli complex on Myers Corners Road. Since this was
revenue received in 1982 it was Mr. Versace's recommendation
that the surplus be applied toward reducing taxes in the 1983
budget. Mr. Adams informed him that it was too late to do this
since taxes for 1983 had already been levied. It was then
requested by Mr. Versace that the Comptroller put this sum in
an interest bearing account to be applied toward the 1984 budget.
Mr. Johnson requested the Attorney to set up a meeting with
the Planning Board and representatives from Ecolsciences
regarding correspondence received from them on the Draft EIS
for the Cornell -Drake rezoning for December 20, 1982 at 7 P.M.
A memo was received from Supervisor Diehl requesting to attend
Wappinger Day at Boca Raton, Florida on February 27, 1983 as
representative from the Town of Wappinger.
MR. JOHNSON moved that the Supervisor be granted approval of
his request to attend Wappinger Day at Boca Raton, Florida
as representative of the Town of Wappinger and his legitimate
expenses would be a Town Charge.
Seconded by Mrs. Mills
Roll Call Vote: 4 Ayes Mr. Versace ---Nay
Mr. Versace stated that he objected to the Town paying Mr.
Diehl's expenses for this trip since he did not feel it was
an educational conference.
A late correspondence was received from Jack Railing of Barger
and Russ regarding Shelbourne Hill Subdivision, Section 1 on
Myers Corners and Montfort Road. Mr. Railing requested that a
letter be directed to him stating that Town water was available
for this subdivision. This information was necessary for
Dutchess County Department of Health approval.
MR. DIEHL moved that Mr. Lapar be directed to respond to this
request and inform Mr. Railing that the Shelbourne Hill Subdi-
vision is within the boundaries of the Town Water Improvement
Area and these facilities are available to them.
Seconded by Mr. Johnson
Motion Unanimously Carried
MR. JOHNSON moved to adjourn the meeting, seconded by Mrs. Mills
and carried.
Me meeting adjourned at 10:15 P.M.
Reg. Mtg. 12/13/82
Elaine H. Snowden
Town Clerk