1980-05-12 RGMAGENDA
TOWN BOARD
TGRN OF WAPPINGER
MAY 12, 1980
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE OF ALTP.GIANCE TO THE FLAG GIRL SCOUT TROOP #238
3. Accept Minutes 4-14-24
4. REPORTS OF OFFICERS:
298
Town Justices Bldg/Zng ..7..- Receipt of Report of
Examination of Accounts and fiscal affairs by Audit & Control
dO'\ri4Snu tA% repo 04 s.4
To u," 60.0 p blofts wor
5. PETITIONS & COMMUNICATIONS
111
a. Reply from Mr. Arthur Schwartz on use of Imperial Plaza for Recycling
b. General Codes Publishers Corp re: Codification project
c. Wilson Excavators, Inc. response regarding Hilltop Well #5 (4th
operating well) Contract
d. Attorney to Town Reports:
1. Fire Prevention Ordinance
2. Recommendation re SEQRA Local Law
3. Offer from R. Hankin re: Wappingers Park Water System
4. Recommendation re: Local Law for indemnifying Twn Employees
e. Rudolph E. Lapar Reports?
1. Federal Aid Application Step I WS Imp. #3
2. Various Complaints of Residents on Drainage Problems
3. Various reports CW Imp. Well System
f. Notice of Public Hearing from Town of East Fishkill re: Zoning
Ordinance amendments
g. Memorial Day Holiday - State change to May 26th
h.e t 4.. ere () r•AAs - c.keel 4145.e -A
.ELe.." si 4.4101fiN 1/6.Subejupirt Lo%FI
6. COMMITTEE REPORTS 21÷,144 LuoJesk. p (6,:aft.0 L.41(.4 Gvv•cci age6(411
Chelsea Ridge request for Waiver of Down Stream Drainage Fees
7. RESOLUTIONS
a. F. Versace Amend $300 per lot in lieu of land for Recreational
use to $500
b. James Klein request for Conservation Subdivision
c. Wm Crane re: Consent Order for Imperial Gardens Co. tax Certiorari
d. Vacancy on Recreation Commission - Vernon Smith term expired
e. Res. relating to Increasing fees to Towns& Villages for Various
Court actions (submitted by Judge Bulger)
f. Appointing Ass't Secretary to Town Justices
g. Amendments to Personnel Policy
OkrAVS.GrtZAZ. SUct sfel COrerre..6 Joie " 40tA Lie A.L4,r,,
Cask Sake - aCcee+
8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
299
The Regular Meeting of the Town Board of the Town of Wappipger
was held on May 12, 1980 at Town Hall, Mill Street, Village of
Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:09 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Others Present:
Rudolph Lapar, Engineer to the Town
Jon Holden Adams, Attorney to the Town
All ttood and said the Pledge of Allegiance to the Flag.
The Minutes of the Regular Meeting of April 14, 1980, having
previously been sent to the Board Members, were now placed before
them for their consideration.
MR. JOHNSON moved to approve the Minutes of the Regular Meeting
of April 14, 1980, as submitted by the Town Clerk.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Reports were received from the Town Justices and Building Inspector/
Zoning Administrator for the month of April and the.Report of.Exam-
ination of Accounts and fiscal affairs by Audit and Control had
been received.
MR. JOHNSON moved that the above reports be accepted and placed
on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
Connie Smith, Town Historian, was present and addressed the Board
on the Town Community Day. The date was planned for September 7,
1880, with a rain date of September 21, 1980, although she stated
there would be a conflict for the day of the rain date. The Parade
would assemble at 1 P.M. and take off at 2 P.M. from Ketcham High
School. The Community Day festivities would follow at the Magdalany
property. The games were not costing the Town anything and she had
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lots of manpower, and invited anyone to come out and help. They
had to cut expenses since fireworks were planned. The firemen
requested that they do not have trophies for them, so Mrs. Smith
planned to have plaques and/or Certificates of Appreciation. The
fireworks would be at the Acker Farm property, across the street
from the other events; the public would not be allowed on that
property and people from Civil Defense would be on hand to help
conduct this event. She was sending a letter seeking donations
to help pay the expense of the fireworks which would be $1,000.
This was a good price, she explained, since the Town would be
getting more of a quantity than the County would be getting at
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the price. She hoped to raise at least 50% of•the cost if not more,
in order that she could use her own budget for other expenses.
Mr. Diehl explained that some of Mrs. Smith's money had been spent
on flag poles and ropes at the Bell Site due to vandalism. The
New Hackensack Fire Company, as well as other Fire Companies had
been notified of the fireworks, and Mrs. Smith did not anticipate
any problems. This would be a first for the Town of Wappinger.
A reply was received from Arthur Schwartz, owner of Imperial Plaza
regarding the removal of the Scout recycling. The Board requested
that this be read into the minutes.
April 28, 1980
Ms. Elaine H. Snowden, Town Clerk
Town of Wappinger
Mill Street
Wappingers Falls, New York 12590
Dear Ms. Snowden:
i have your kind letter of April 21, and beg to make this reply,
which I ask you to bring to the attention of the Town Board.
I am unwilling to permit the Boy Scout operation again to use
Imperial Plaza. This decision is firm, unequivocal and permanent.
My reasons are as follows:
1. The information given to the Board and to the newspapers by
the Scout executives was an unvarnished falsehood, made with
the apparent intention of taking them off a hook by making me
appear to be a combination Scrooge and -the Grinch who stole
Christmas. As a matter of fact, since I first saw Imperial
Plaza last July, the area the Scouts used was continually dirty
and disorderly ---papers strewn about, bags of trash left at the
dumpsters,and subsequently spilled or broken open by animals.
The location was a continuing source of vermin and trash. What-
ever single incident of vandalism may have occurred in early April,
it was not the precipitating cause of my decision. My decision was
based on a continuing condition. You may confirm this by question-
ing any of the merchants at Imperial.
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saw
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2. An employee of this office, at my direction, spoke with a Mr.
Newman before the end of March, at which time he was requested
to remove the dumpsters and trailer at the earliest possible
date. Another conversation with Mr. Newman took place a week
later. Mr. Newman appeared to believe that our request was a
basis for negotiation, when in fact it was not.
3. On April 10th, I observed the continued unsatisfactory con-
dition of the area and telephoned the two companies whose dumpsters
were on the property. They confirmed that they had received no
instructions to remove their equipment. I then phoned Mr.
Newman and informed him that the three pieces of equipment were
to be removed by April 15th, else I would remove them the next
day.
Obviously, Mr. Newman knew about my objections and desires, and
chose to attempt to stall in the hope, to use a term he has used
in public, that he could "con" me into accepting promises.
The simple fact is this: If, out of the goodness of your heart,
you permit me to camp on your lawn, I have an obligation to
keep your lawn clean --perhaps cleaner than you might keep it.
If you have to ask me to keep it clean, or remind me to do so,
then I am breaching every concept of hospitality, courtesy and
normal human consideration. This is what happened with the
Scouts.
Under the circumstances, I feel that the promises your letter
conveyed are not to be taken seriously. Inasmuch as the Scout
leaders did not scruple to misstate the facts, I see no reason
for me to believe that their new promises are to be believed.
I am glad to cooperate with local community activities. However,
I don't believe it is unfair for me to require that such activities,
where they affect Imperial Plaza, be conducted in a clean, orderly
and seemly fashion. Since this has been demonstrated to be beyond
the capacity of the Scout leadership, I have no choice but to
rewire that they operate elsewhere.
Yours very truly,
s/ Arthur Schwartz
(for Imprial Plaza Partnership)
A letter had been received from General Code Publishers Corporation
regarding the contract the Town had with them on the codification
project. They enclosed a checklist for the Town's review and
asked for their attention in this matter so they could undertake
the final preparation of the legislation of the Town.
MR. DIEHL moved that a request be directed to all Department Heads
for any additional input for this project and also that the Attorney
to the Town review the material submitted for complete and final
publication and submission to General Code Publishers Corporation
by the end of this year.
Seconded by Mr. Johnson
Motion Unanimously Carried
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The following letter was received from Wilson Excavators, Inc:
May 5, 1980
Elaine H. Snowden, Town Clerk
Town of Wappinger
Mill Street
Wappingers Falls, New York 12590
Re: Central Wappinger Water Improvement, Hilltbp Well ##5,
Construction and Connection
Dear Mrs. Snowden:
We have your letter of April 30th.
At no time have we declined to honor our bid, nor have
we withdrawn it.
It is pertinent to point out that our bid was submitted on
May 18, 1979. Nearly a month later (June 12) we were notified
by you that the Town BoardAlad accepted our bid. We were
instructed to communicate with Mr. Lapar's office and did so.
That office told us to proceed with obtaining a performance bond,
which we did and notified Mr. Lapar when we had it.
There still being no contract, on July 31, 1979, we notified
you of the impact of inflation upon the bid. The Town Board
requested adjustment figures. These were supplied in writing
under date of October 10, 1979. Still no contract was tendered.
Inflation continued to increase the cost of necessary supplies
and labor. Once again, under date of April 28, 1980, we presented
cost adjustment figures in the total amount of $10,182. It was
no doubt this letter which prompted yours of the 30th.
It now appears that the Town Board, having delayed proceeding
with the project for approximately a year, and by reason of its
own delay under major pressure to have the work done, has assumed
that we will not proceed. Further, having made that assumption,
it has apparently engaged in communication with the only other
bidder on the project to inquire if it will abide by its bid of
last year.
Inasmuch as no direct inquiry was directed to us to learn
whether or not we would adhere to last year's figures, we think
it quite irregular that the Board draw assumptions and negotiate
with the other project bidder.
Further, our counsel informs us that in his opinion, if we
had refused to proceed, proper practice would have been to put
out the project for bid again, especially in view of the con-
siderable time lapse and the changes in the economy during that
interval. There is a flavor about discussing the project with
our competitor which, under all the circumstances involved, we
find more than a little disturbing.
Suffice it to say that we will proceed with the work as per
bid plans and specifications provided a contract based upon our
bid is submitted on or before May 23, 1980. We will not make a
profit; we may give the Board something to think about.
Very truly yours,
s/ Robert H. Wilson, President
MR. JOHNSON moved to rescind his motion of April 28, 1980 which
stated that the renunciation by Wilson Excavators of their
apparent low bid on Well ##5 made K & A Excavating Contractors
the apparent low bidder and if the bid was rejected by them, the
303
Engineer was authorized to go to rebid for this project.
Seconded by Mrs. Mills
Roll Call Vote:
Supervisor Diehl Aye
Councilman Johnson Aye
Councilwoman Mills Aye
Councilwoman Reilly Abstain
Councilman Versace Nay
Motion Carried
MRS. MILLS moved to rescind her second to the motion of April 28,
1980.
Seconded by Mr. Johnson
Roll Call Vote:
Supervisor Diehl Aye
Councilman Johnson Aye
Councilwoman Mills Aye
Councilwoman Reilly Abstain
Councilman Versace Nay
Motion Carried
MR. DIEHL moved to award the bid for the Construction and
Connection of Well #5 'to Wilson Excavators Inc. in the amount
of $32,829.55 which was the original low bid in 1979, and authorize
the Supervisor to sign said contract.
Seconded by Mr. Johnson
Roll Call Vote:
Supervisor Diehl Aye
Councilman Johnson Aye
Councilwoman Mills Aye
Councilwoman Reilly Abstain
Councilman Versace Nay
Motion Carried
Several reports were received from the Attorney to the Town.
The first one was in regard to a review of the Fire Prevention
Ordinance and reads as follows:
April 24, 1980
Town Board
Town of Wappinger
Wappinger Falls, New York 12590
Dear Members of the Town Board:
At the request of the Building Inspector, we recently
reviewed the Fire Prevention Ordinance adopted by the town
some time ago. Among the provisions of that ordinance is one
which delegates to the fire chiefs of the various town fire
companies enforcement powers with respect to certain enumerated
items therein. We have reviewed the provisions of the Town Law,
and in particular, Section 138 and find that under the provisions
of the Town Law, enforcement powers can only be given to the
Building Inspector. Section 138 provides in part that the Town
Board, which has a fire prevention code be responsible for
enforcing the same. I find no provisions in the Town Law,
including those pertaining to fire districts, which also permit
fire chiefs to also exercise such powers.
A similar opinion has been expressed by the State Comptroller
(Opinion 76-884). I enclose a copy of that opinion for your
review.
If you so wish, we could prepare the proper legislation
to repeal those provisions indicated herein.
Very truly yours,
Corbally, Gartland & Rappleyea
s/ Jon Holden Adams
Three Fire Chiefs were present and Mr. Diehl asked if they
would care to comment on this opinion.
Mr. Arthur Waddle, Fire Chief of Hughsonville, stated that they
would like to be consulted for any reviews or changes of this
Ordinance. They had not been aware that the enforcement powers
exercised by them were apparently, not legal They would like
to set up a meeting with the Building Inspector and two members
of the Board which Mr. Diehl designated would be the Ordinance
Committee, Mr. Johnson and Mrs. Reilly. Mr. Gunderud was present,
and Mr. Diehl told them to get together and arrange a mutually
convenient time for the meeting.
Lois Gray, Wappinger County Legislator, arrived at the meeting,
and was recognized by Mr. Diehl who interrupted the Agenda in
order for her to report on the County meeting. Ms. Gray informed
those present that the meeting this afternoon was also attended
by Mr. Diehl, Mrs. Mills, Mr. Johnson and Bill Parsons, Trustee
of the New Hackensack Fire Company. The interest was the proposed
air show at the Dutchess County Airport in September and the town
officials were present to voice the reasons for their objection
to this proposal, before it went to a vote by the Legislators.
Ms. Gray said that the concern of the officials was because they
did not feel that the highways of the Town of Wappinger could
handle the amount of traffic that would be generated from this show.
They were concerned about emergency vehicles moving through this
traffic since the airport was surrounded by intersections that
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presented problems under normal conditions. The prediction of the
promotors was an attendance of about 10,000 people and she felt
the Town would only have problems from such an exhibition ---the
business which might result from this number of people going in and
out of the Town was practically nil ---the County would stand to gain
20% of the take ---the Town --nothing. The Legislators had voted in
favor of this proposal, so now the only alternative left•for the
Town was the enforcement of its Public Assembly Law which required
a permit for a gathering of over 5,000 people. Her prediction was
that when the promotors were refused a permit in the Town of
Wappinger, which she assumed they would be, they would then go back
to the County and sue them. Mr. Johnson asked if the language in
the contract was changed to read that they had to abide by the Local
Law of this Town --Ms. Gray replied that they had not changed it.
She then gave the Attorney to the Town a copy of the approved
contract for his review. Another item for consideration was the
fact that beer would be sold on the premises from 9AM to 9PM on
Saturday and from 12 Noon to 9 PM on Sunday --that was something
to think about with a gathering of that number.
Ms. Gray then mentioned another resolution that she had introduced
regarding the continuation of the Food Stamp Program in Dutchess
County which was scheduled to terminate on May 31st of this year.
If this happens, the County would lose approximately three (3)
million doiars a year. On the same subject, Ms. Gray said she had
visited the Senior Citizen Luncheon Center in Fishkill last month
and opened a mini -legislative office there to listen to their views.
Their concerns were of course, inflation of food and rent and some of
them reluctantly had to resource to the use of the Food Stamp Program.
It was, therefore, important that this program be continued in this
County for those people who rely on it and need it for proper nour-
ishment.
Ronald Lafko spoke as a representative of the abutting owners of
property near the airport and requested that Ms. Lois Gray carry
a petition from them to the County for protection in the event of
any liability risks the air show could cause to these owners; in all
probability there would be invasion of property which could lead to
all sorts of problems and the County should be made aware of this
fact.
0806
More discussion followed on the type of air show that was proposed,
the stipulations contained in the contract, the fact that the
language of the contract was not changed to read that the promotors
must adhere to the Town's Local Law
procedure that they would follow if
was given by the Town. Mr. Versace
and the predictions of the
and when denial of the permit
recommended that they should
agree to start proceedings against the County if there is no
application for a permit under the Public Assembly Law of the
Town of Wappinger by Elwyn Enterprises by the 21st of June, 1980.
Ms. Gray asked that the following letter be recorded as part of
the minutes.
Mr. Louis D. Diehl
Supervisor, Town of Wappinger
Route 9D
Wappingers Falls, NY 12590
Dear Lou:
Iam writing to advise you
and his attorney regarding the
at the Dutchess County Airport
1980. This meeting took place
May 9, 1980
that I have met with Mr. Elwyn
request to conduct an air show
on September 20th and 21st of
on Thursday, May 8, 1980.
I wish to inform you and your councilmen that I intend to
vote "no" when the resolution comes on the floor of the Legislature
on Monday, May 12th. I ask that you and members of the Town Council
plan to attend the Public Hearing which will be held at 4:00 P.M.
on May 12th at the County Legislature, 22 Market Street, Poughkeepsie.
The following reasons are those which I will give on May 12th
for my negative vote:
1) I do not feel that the roads in my district can handle
the traffic which the air show would create. Elwyn Enterprises
has estimated that 10,000 or more people would be in attendance
and there would be as many as 6,000 cars or better. I feel that
I was elected by the people of my district to protect their safety,
and the amusement of the participants at the air show comes second
to the safety of my constituents.
2) I met with the New Hackensack Fire Department on April llth.
The Fire Department feels strongly that an air show of this type
and the traffic that it would create would hamper their efforts
should a fire or a catastrophy take place in the district. They
have requested me to vote "no". Mr. Parsons, a trustee of the
Fire Department, stated that he and/or members of the Fire Depart-
ment will be in attendance at the Public Hearing on Monday.
3) I can find no indication by any Town Official that
Elwyn Enterprises has consulted the Town relative to any type
of a permit to accommodate people of this number. Since there
is no indication that Elwyn Enterprises has even given the Town
of Wappinger the courtesy of consulting with it, I consider this
a personal affront to our public officials.
4) I cannot condone alcoholic beverages being served on
the premises.
130'x.
As a final note, be advised that I met with the news media
yesterday and informed them of my decision to vote "no".
I would appreciate it if you would contact me at my home this
weekend if I can be of any further service to you. I hope to see
you and members of the Town Council at the May 12th meeting. I
will urge my fellow Town of Wappinger Legislators to vote "no" on
this resolution.
Very truly yours,
s/ Lois A. Gray
Dutchess County Legislator
District 21
MR. VERSACE moved that the Attorney be authorized to start proceedings
against the County when legal action is appropriate.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Diehl then asked the Fire Chiefs if they had agreed on a
meeting date regarding the Fire Prevention Ordinance ---a date was
set for May 21st, 1980 at the New Hackensack Fire House at 7:30 P.M.
The next report of the Attorney was in reference to SEQRA Local Law
No. 2 of 1977 as follows:
April 24, 1980
Town Board
Town of Wappinger
Wappingers Falls, New York 12590
Re: Local Law No. 2 of 1977
Dear Members of the Town Board:
On Saturday, April 19th, 1980, I attended a day -long conference
on planning and zoning in Albany sponsored by the Government Law
Center of the Albany Law School. Among the topics continually
mentioned by the various professional speakers were the difficulties
being experienced around the state with compliance with regulations
in general, it being the general concensus of the speakers that over-
regulation is a problem, and in particular, problems associated with
compliance with the State Environmental Quality Review Act. It
appeared to be the opinion of the speakers who did speak that the
regulations issued by the Department of Environmental Conservation
(Part 617) are fairly comprehensive, and local municipalities would
be ill-advised to attempt to further supplement these regulations
by their own local law or ordinance.
I note this only as we have previously indicated to you our
opinion that local law no. 2 of 1977 should be repealed as Part 617
offers adequate protection for environmental concerns. Additionally,
our local law was originally drafted to correspond and supplement the
original regulations of the Department, which regulations were
subsequently superceded by the current regulations.
We understand that the ultimate determination with respect to
this matter is one for the Board to make. Nevertheless we feel
it appropriate to bring your attention to views expressed by
others on the subject.
Very truly yours,
s/ Jon Holden Adams
Mr. Johnson recommended that this matter be referred to the
Ordinance Committee for review and report at next month's meeting.
Another report from the Attorney was in reference to the purchase
of the Wappinger Park Water System. A Communication had been
received from Robert Hankin, President of Wappinger Park Homes
setting a purchase price of $85,000 for the water system.
Mr. Diehl said a work shop meeting had been set for May 27th, 1980
with the Board, Mr. Hankin and representatives of the Wappinger
Park Homeowners Association. Mrs. Mills requested that the Town
Clerk send a letter to Mr. Hankin and Mrs. Wells, President of that
Association. The time was set at 8 PM at Town Hall.
A fourth report from Mr. Adams was a recommendation for the Town
to adopt a local law indemnifying Town Employees as follows:
April 9, 1980
Town Board
Town of Wappinger
Wappingers Falls, New York 12590
Dear Members of the Town Board:
At a recent meeting of municipal attorneys, mention was made
of the absence of provisions in the Town Law or other law providing
for actual authority of the town to indemnify town employees and to
hold them harmless in the event that actions are commenced against
them individually for acts undertaken by them while acting in some
capacity on behalf of the town. To correct this deficiency, I have
taken the liberty of preparing a local law for your consideration
which provides in substance that the town will indemnify and defend
any employee against whom an action is commenced individually.
There are certain factors of this proposed local law which
should be noted. The responsibility of the town to defend and
indemnify an employee only exists under certain conditions, namely,
that the actions complained of by the claimant be actions of the
individual while he was engaged in the course of his employment
on behalf ofrthe town or was engaged in the furtherance of town
activities, and such actions were not the result of willful or
gross negligence or individual wrongdoing of the employee. Further,
the employee must properly bring to the attention of the town any
summons or other papers served upon him with respect to such claim.
The employee must.also fully cooperate with the town in the defense
of the action. Failure to observe these e.onditions could result in
discontinuance of any responsibility of the town for him.
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Provision is also made for the town board to determine whether
or not a claim brought against an individual employee is a claim
that should be indemnified and defended by the town. The coverage
given to town employees is not all-inclusive; rather, the coverage
provided requires a determination by the town board that the action
complained of by a complainant is one for which an employee should
be defended and should be indemnified.
I would also note that our proposed local law is modeled after
provisions providing for indemnifying and defending state employees.
If you wish us to prepare a local law for your town, please
advise us and we will provide one for introduction at the next
regular town board meeting.
Very truly yours,
Corbally, Gartland & Rappleyea
s/ Jon Holden Adams
MR. JOHNSON moved that the Attorney be directed to prepare a Local
Law for Indemnifying Town Employees for the next regular Town Board
meeting.
Seconded by Mrs. Mills
Motion Unanimously Carried
Several reports were received from Mr. Lapar, Engineer to the Town
The first one regarded Federal Aid Application, Step I, Wappinger
Sewer Improvement ##3 listing several items that needed official
action by the Town Board for this application. It was agreed that
this would be discussed at a work -shop session by the full Board on
May 15, 1980 at 7:30 P.M.
MR. DIEHL moved that a Special Meeting be set for May 15, 1980 at
8:30 P.M. to consider action on resolutions pertaining to the 11
items outlined in Mr. Lapar's report of April 30,1980.
Seconded by Mr. Johnson
Motion Unanimously Carried
A report on various complaints of residents on drainage problems
was received from Mr. Lapar as follows:
April 28, 1980
Town Board, Town of Wappinger
Mill Street
Wappingers Falls, N.Y. 12590
Re: Various Complaints of
Residents on Drainage Problems
Dear Board Members:
At the March and April meetings of the Town Board, various drainage
complaints were brought to the attention of the Town Board and Mr.
31(,
William P. Horton, Supt. of Highways and Rudolph E. Lapar, Engineer
to the Town were asked to investigate and report back to the Town.
The following areas were investigated:
1. Condition of stream between Old Route 9 and Route 9D including
the Pleasant Lane Area:
Except for some rock outcrops in the area of Pleasant Lane
that should be removed, probably by pneumatic hammer, the
area just west of Pleasant Lane is well kept. Downstream
of the Pleasan.t.Lane tributary along the main stem of
Hunters Creek, many dams and much clogging was witnessed.
It is our professional opinion that the main stem is in
immediate need of cleaning and the lack of such cleaning
can only worsen the existing condition.
2. Reggie Drive Area: Aninvestigation of this area on Friday,
April 25, indicated that the wetlands (swamp) was ever present
in the area behind the houses on the west and north side of
Reggie Drive.
The houses appear to be adequately protected from flooding
since no roadwater drains unto properties and water from the
houses in most cases is able to drain toward the road. Most
of the backyards drain to the rear where an existing swamp is
is still present. The drainage system in this area wasnot
designed to drain this swampy area behind the houses.
This writer does not believe that the Town has any responsibility
in correcting this situation.
3. Spring Hill: Complaint of Lot 22 - Jprdy and Lot 24 - Kelly
Mr. Horton and this writer examined the site and for the most
part, believe that the immediate problem on Lot #24 is a grading
problem since the stormwater coming from the hill in back of
the house is directed to the back of the house. We later met
with developer Al Scaccia and were informed that Lot #24 would
be regraded in the near future.
The further development of the lots above the lower area Lot #21
through 25 should relieve a large portion of the existing natural
drainage in that it will divert said waters to storm drainage
piping.
It should be noted that this area (Lot #21 through 25) will be
subject to periodic flooding and was so noted in the various
correspondences from the Town Highway Supt. and the Engineer
to the Town prior to final approval. Much of the correspondence
was included in the Final Approval.
Lastly, filed map Note #4 indicates that all lots have the
right to discharge surface water across any other lot in the
subdivision to the storm sewer system.
I believe the original owners were aware of all these items
and the information is on file for all to see. We have been
informed that the Jordys and Kellys are second owners and
should have been informed by whoever, about the above.
4. Complaint of Mr. Horan - #6 Rich Drive
Angel Brook Subdivision: An investigation of the site at
various times during the last several weeks, indicates a low
area in the driveway of Lots #6 and #4. No evidence of road
surface water from Rich Drive was seen. The properties in
question, are the low area on the east side of Rich Road.
Drainage from All Angels Hill Road as well as all the
surrounding area to the east naturally drains to that area.
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Various methods of correcting the problems are as follows:
a. Raise the driveways so that the water will drain
to the road and thence out to Tor Road Drainage
System. This will probably cause inconvenient bump
in entrance to garages.
b. Extend drainage system from Tor Road to the area
between Lots #6 and #4.
The main cause of this problem is the fact that both
houses are not sufficiently elevated above the Town
Road. These houses were built in the mid to late
sixties and the subsequent 2'-0" lowest opening rule
which would have prevented this situation was not
started until the early seventies.
Since no house flooding has been reported and this
situation has existed for approximately 13 years,
the cost to benefit ration of the Town solving this
problem does not seem justified.
5. Complaint - Jennie Riccobona - Widmer Road: An investigation
of this site does show as explained in Mrs. Riccobona's letter
of March 27, 1980 that the water is causing flooding in her
driveway.'
An extension of the existing storm drainage system in Widmer
Road would eliminate flooding in front of her property.
It should be noted, however, that this problem was not
mentioned when the land was subdivided not long ago and
could probably have been taken care of by the applicant at
that time.
Since no house flooding has been reported and the complainant
could relieve the driveway problem by regrading and repaving
of the driveway. The cost to benefit ration of the Town
solving this problem does not seem justified.
Respectfully submitted,
s/ Rudolph E. Lapar
Engineer to the Town
MR. JOHNSON moved to authorize Mr. Lapar to go to informal bid
to clear up the problems of the stream between Old Route 9 and
Route 9D including the Pleasant Lane Area, as stated in his report
of April 28, 1980.
Seconded by Mr. Versace
Motion Unanimously Carried
MR. VERSACE moved that copies of this report from Mr. Lapar on
various complaints of residents on drainage problems be forwarded
to the residents involved.
Seconded by Mrs. Mills
Motion Unanimously Carried
1
A third report regarding Central Wappinger Water Improvement Well
System and Atlas Well System, was received from Mr. Lapar as
follows:
April 29, 1980
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y. 12590
Re: Various Reports
Central Wappinger Water Imp. Well System
Atlas Well System
Dear Board Members:
Enclosed please find a report entitled "Capacities of the Well
System at Hilltop Area of Central Wappinger Water Improvement
#1, by my office, which was submitted to Mr. Jack Hill of the
Dutchess County Health Department.
Paragraphs A,G & H show that in my professional opinion the
wells can supply the system and the expansion anitcipated in-
cluding the presently approved Tenant Districts.
However, this writer is at a loss to explain the apparent 400,000
gallons per day loss, when in 1978 (See Paragraph C) the Central
Wappinger Water Imp. Area was using approximately 600,000 gallons
per day and after finding 200,000 to 400,000 gallons per day loss
in April 1979 and adding less than 100 homes (approximately
26,900 gallons/day), the Central Wappinger Water Imp. is now
pumping approximately 900,000 gallons/day.
Much criticism has been aimed at the Town in its attempts to
improve the existing system and provide backup wells. This
criticism is best answered by a portion of a report prepared for
Atlas Water Company, which this writer obtained from the Dutchess
County Health Department. Please place your attention to the
paragraph entitled Well #1 where it can be seen that this well
has been refurbished and the capacity nearly recovered. Our
recommendations to the Town are of a similar nature.
One might also notice that a Well #4 was drilled in 1979 and
tested in 1980.
Very truly yours,
s/ Rudolph E. Lapar
Engineer to the Town
When asked by Mr. Incoronato where did the 200,000 gallons of
water go, Mr. Diehl responded that at this time it was still a
mystery, the town is in the midst of checking all avenues in an
effort to solve this mystery. Last year a leak survey was conducted
throughout the system by Heath Consultants in order to pin points
leaks and repair them. All have been corrected as of this date.
The Water and Sewer Committee have been working with Camo Pollution
Control and have instituted an area shut off on different nights in
specific areas for isolation purposes. They were now going to check
the master meters of the Town, two in particular, Fairchild and
3134
White Gates Apartments, and also check the accuracy of the meter
at the wells; the Water Department was requested to isolate and
identify the malfunctioning meters in the area, replace them and
then have a comparison made of what the reading was in the past
and what it was after replacement.
Mr. Fulton, being recognized by the Chair, commented that this
amount of loss 200,000 to 400,000 gallons is a tremendous loss of
water --it's somewhere in the area of what the entire Village of
Wappingers Falls uses on a daily basis. He asked if the water at
161 Fairchild was metered and what was their consumption. He insinuated
that this amount of gallonage that was missing was similar to the
amount that Fairchild was using.
Mr. Johnson had two points of information to comment on--Camo
Pollution ran a test to determine if the town was really losing
the amount of water that was reported, the period of time was on a
weekday between midnight. and 3AM. The storage tank was at full level
and the pumps were shut off; Fairchild did not have a third shift
that day, so they were shut down, and the volume of water that was
lost in the storage tank approximated 75,000 gallons. At that time
it was estimated that 12 to 15,000 might be considered a normal loss.
The second point was that when Heath Consultants made their survey,
they used sophisticated equipment which is now for sale along with
the training of personnel for the use of this equipment.
MR. JOHNSON moved that Mr. Lapar research cost of equipment
that is being sold by Heath Consultants and the cost of training
personell for the use of this equipment.
Seconded by Mrs. Mills
Motion Unanimously Carried
A notice of Public Hearing was received from the Town of East
Fishkill on the 15th day of May, 1980 at 8:00 P.M. to consider two
amendments to the Town Zoning Ordinance.
MR. DIEHL moved to receive this notice and place it on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
The next item on the agenda to be considered was the change of
date for Memorial Day. The official date in the State was for
May 30th, but Governor Carey had just signed a bill changing this
date to May 26th.
MR. JOHNSON moved that the Town of Wappinger celebrate Memorial
Day on May 26th, 1980.
Seconded by Mrs. Reilly
Motion Unanimously Carried
MRS. REILLY moved to change the date of the work shop session
from May 26th, due to the holiday, to May 27th, 1980.
Seconded by Mr. Johnson
Motion Unanimously Carried
A memo was received from the Comptroller regarding two proposals
received from Industrial Appraisal Company, for the appraisal of
fixed assets of the Town. Proposal "A", in the amount of $2,865.00
provides for the appraisal of buildings, permanent fixtures and
equipment, and proposal "B", included buildings, machinery and
equipment of the sewage and water treatment facilities, $5,930. A
detailed summary of each proposal was available for review in his
office and he invited comments from the Board.
MR. VERSACE moved to table this matter until the next meeting in
order to give the Board Members an opportunity to review these
proposals.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A request for the return of one-half of the Subdivision Application
Fee was received from Rudolph E. Lapar, Secretary -Treasurer of
Lor -Mare Corporation, developers of this Subdivision. This 11100
application had been withdrawn from the Planning Board. The
total fee was $50.00.
MR. JOHNSON moved that this request be granted and the sum of
$25.00 be returned to Mr. Lapar of Lor -Mare Corporation Q'ue to
withdrawal of this subdivision application from the Planning Board.
Seconded by Mrs. Mills
Motion Unanimously Carried
Two late communications had been received and the Town Clerk
asked the Board if they wished to refer them to a work shop session;
one was from Lakeoniad Realty Co. relating to rezoning a parcel of
land located on Spook Hill Road; the other was from an attorney
representing Fiona Banta on Diddell Road. The Town Clerk felt
that perhaps the Board would want to contact the principals for
possible discussion at their next work shop session.
MR. DIEHL moved to discuss these communications at their work shop
session.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mrs. Mills, under Committee Reports, had a report on the request
from Chelsea Ridge to waiver downstream drainage fees. She and
Mr. Johnson had visited Mr. Rosenberg at Chelsea Ridge and had a
tour of the work that has been done. Mr. Rosenberg felt that he
had done considerable work in the past fifteen years and has
constructed dams and ponds so there would be no impact on downstream
drainage. This request has been denied twice by the Planning Board,
and Mr. Rosenberg has now approached the Town Board for their
consideration of this request. Mr. Johnson discussed this matter
at length and in his opinion, the reduction that had been allowed
to D.W.S. could not be compared to this case. Theirs was a result
of additional work done at the site over and above the necessary
work to meet the drainage requirements. The work done by Mr.
Rosenberg at Chelsea Ridge was to his own advantage, not the Town's.
He did not feel he was entitled to reduction or elimination of the
1610 downstream drainage fees.
MR. JOHNSON moved to deny the request by Mr. Rosenberg for the
reduction or elimination of Downstream Drainage Fees at Chelsea
Ridge.
Seconded by Mr. Versace
Motion Unanimously Carried
A second item that had been referred to the Sewer and Water Committee,
referenced a connection fee proposal on sewer and water hookups in
districts where capacity will soon be reached to provide funds for
314
expansion of said districts, which was recommended by the Planning
Board. Mrs. Mills, Chairman of this Committee, reported on a
meeting with the Attorney, the Planning Board and this Committee
on April 17, 1980. The Attorney had done some researching on this
matter and had directed a letter to the Department of Audit and
Control for their opinion. A response had not yet been received,
and Mrs. Mills wished to table this matter until Mr. Adams had
heard from Audit and Control.
Mrs. Mills reported on another meeting with Planning Board and
Mr. Lapar at which time a discussion was held on water, sewer and
drainage. Mrs. Mills recommended that a cost study be made on a
master plan for water, sewer and drainage for the whole town. There
had been some studies made and she suggested using these and updating
them to include all facilities and further suggested that Mr. Lapar
look into the availability of any federal or state grants for this
type of a study.
One more item Mrs. Mills wished to mention was that she had attended
the Public Hearing at the County on the proposed Air Show, and was
disappointed at the outcome of the vote which resulted in the
approval of the show by the County. Ms. Gray had mentioned in her
presentation that the County was receiving 20% of the sales made at
this show and Mrs. Mills wished to point out that this was 20% of
everything ---all concessions, and felt it was a conflict of interest
for the County to vote on something they were benefiting from ---they
certainly would stand to gain on this venture.
Mr. Diehl had been advised by the Attorney that a possible approval
was forthcoming from the Health Department for the use of Castle
Point as a landfill site, and since the stipulation had been
originally set for one year and would terminate on October 1, 1980,
he felt they should start moving on the necessary preparations for
a clean-up in the fall.
MR. DIEHL moved that Mr. Horton be advised of a possible Fall Clean-up
and provide the Board with recommendations and information in regard
to this matter, to be scheduled for completion by September 30, 1980.
Seconded by Mrs. Mills
Motion Unanimously Carried
1
317
MR. DIEHL moved that the Village of Wappingers Falls which lies
within the Town of Wappinger be invited to participate in a Clean-up
in the Fall with the conditions that they provide their own trucks
and personnel, and abide with all the rules and regulations that
have been set by the Town.
Seconded by Mr. Versace
Motion Unanimously Carried
Mr. Johnson, on Tri -Municipal, reported that the June time frame
for the final plan for sewer plants, may be delayed two or three
weeks. The Draft EIS is still scheduled for August 1st, with a
Public Hearing in October. They met with Congressman Hamilton
Fish and asked his assistance
further
funding
delays, and asked for
since the delays they
more costly than anticipated.
in pushing the project along without
knowledge on his part of low cost
have experienced have made the project
At the April Meeting, Councilman Versace had informed the Board
that he intended to introduce a resolution amending a previous one
setting the fee of $300 per lot in lieu of land for Recreational
purposes.
MR. VERSACE moved to raise the fee from $300 per lot to $500 per
lot in lieu of land for Recreational purposes, to be added to the
Capital Fund to subsidize the current Recreation Budget in order
to create more local playgrounds and other worthwhile recreation
projects.
Seconded by Mrs. Mills
Motion Unanimously Carried
The Board had met previously with Mr. James Klein regarding his
request for a Conservation Density Subdivision.
MR. DIEHL moved that Mr. Klein's request for a Conservation Density
Subdivision be referred to the Planning Board for their review, and
that they follow all rules and regulations of their Board and all
agencies and departments involved, then refer it back to the Town
Board for their final recommendation before the Planning Board sets
the Public Hearing; final approval or disapproval will then be
considered by the Town Board.
Seconded by Mr. Versace
Motion Unanimously Carried
A letter was received from William Crane of Rosen Crane and
Wolfson enclosing a proposed Consent Order settling the Imperial
Gardens Tax Certiorari for consideration by the Town Board. Mr.
Logan, Town Assessor, recommended approval of this Consent Order
since the Town would stand to lose more if the matter went to
court.
The following resolution was offered by COUNCILMAN VERSACE, who
moved its adoption:
BE IT RESOLVED, that Rosen Crane and Wolfson is hereby
directed to execute a Consent Judgment settling the Imperial
Gardens Company against the Town of Wappinger tax certiorari,
a copy of which is attached hereto and made part hereof, and
that Rosen Crane and Wolfson is authorized and directed to settle
the above captioned proceeding pursuant to the terms of said
judgment.
Seconded by Mrs. Reilly
Roll Call Vote: 5 Ayes 0 Nays
A vacancy still existed on the Recreation Commission and a letter
was received from the Chairman of the Commission recommending the
reappointment of Vernon Smith.
The following resolution was offered by COUNCILMAN VERSACE who
moved its adoption:
RESOLVED, that Vernon Smith be and he is hereby appointed
to fill the vacancy on the Recreation Commission of the Town of
Wappinger which has occurred by reason of the expiration of his
term, and it is further
RESOLVED, that the said Vernon Smith is hereby appointed to
said Recreation Commission for a term which shall expire -May 1,
1985.
Seconded by Mrs. Reilly
Roll Call Vote: 5 Ayes 0 Nays
Mr. Versace offered the name of William Wood, Plum Court, to fill
a vacancy on the Recreation Commission which has existed for over
a year. He presented a resume from Mr. Wood who has been very
active in all aspects of sports in the town. Mr. Versace added
that he has given many free hours to other organizations as well
as sports, and Mr. Versace felt this man was well qualified for
this position. He requested that the resume of Mr. Wood be for-
warded to the Recreation Commission for their recommendation.
P-1
1
kw,
,3169
Mrs. Mills offered the name of Ann Reis, Chelsea Ridge Apartments,
who has worked with the Senior Citizens, an avenue that needed
supervision and directing within the Commission. Mrs. Mills
requested that this name be forwarded to the Recreation Commission.
Last month a resolution relating to increasing the fees paid to
Towns and Villages for various services rendered in relation to
criminal actions and proceedings was received from County Legislator
James Pagones, asking the Town for their support of the resolution.
The Town Board did act to support this resolution and also referred
it to the Town Justice Court. Judge Bulger responded with a sample
resolution which he and Judge Francese strongly supported and
urged the Town Board to adopt same.
The following resolution was offered by COUNCILMAN VERSACE who moved its
adoption:
RESOLUTION RELATING TO INCREASING THE FEES PAID TO TOWN
AND VILLAGES FOR VARIOUS SERVICES RENDERED IN RELATION
TO CRIMINAL ACTIONS AND PROCEEDINGS.
WHEREAS, town and village courts hear and determine cases
involving violations of state law, and
WHEREAS fines and penalties collected by such courts are
paid to the state in recognition of the fact such violations
are ptate offenses, and
WHEREAS in recognition of the services provided by such
local courts, the State of New York has provided in section
99-1 of the General Municipal Law that towns and villages
shall be reimbursed for services rendered in such cases in
the amount of $5.00 per case and,
WHEREAS the amount of $5.00 was originally set forth in the
Code of Criminal Procedure, section 740-a, by Chapter 737 of the
Laws of 1939, and has remained unchanged for the past 41 years, and
WHEREAS the per case costs of the operation of local courts
have increased substantially since 1939 while no increase in
reimbursement by the state to local governments for court
services has been granted, and
WHEREAS the net result is that the burden of the said
additional cost of administering this state operation is borne
by taxation of local real property rather than by general taxation,
NOW, THEREFORE, BE IT RESOLVED that this body does hereby
strongly urge the Legislature and the Governor to act favorably
on pending legislation which would increase the amount returned
to towns and villages to $15.00 instead of the present inade-
quate $5.00 limit as set by the present provisions of law
(Senate 2397-A; Assembly 10900), and be it further
RESOLVED that a copy of this resolution be forthwith
forwarded to the Honorable Hugh L. Carey, Governor; Honorable
Warren M. Anderson, President Pro Tem of the Senate; Honorable
Manfred Ohrenstein, Senate Minority Leader; Honorable Stanley
Fink, Speaker of the Assembly; Honorable Daniel B. Walsh,
tra
Assembly Majority Leader; Honorable James L. Emery, Assembly
Minority Leader; Honorable Jess J. Present, Chairman, Senate
Committee on Local Government; Honorable James W. McCabe,
Chairman, Assembly Committee on Local Governments; and to the
local State Senator and Assemblyman serving this area.
Seconded by: Mrs. Reilly
Roll Call Vote: 5 Ayes 0 Nays
A recommendation was received from our two Town Justices
recommending the appointment of Gloria Morse as Assistant
Secretary to the Justices on a permanent basis; Mrs. Morse has
been employed on part-time basis by the Judges but due to the
increased work load, they requested additional help.
The following resolution was offered by COUNCILWOMAN REILLY who
moved its adoption:
RESOLVED, that Gloria Morse be and she hereby is appointed to
serve as Assistant Secretary to the Town Justices of the Town of
Wappinger, Dutchess County, New York, and it is further
RESOLVED, that the salary for the Assistant Secretary to the
Town Justices of the Town of Wappinger be and the same hereby is
fixed and established at an annual rate of $7,500.00 for the
year 1980, and to be paid every other Friday throughout the
remainder of the year, effective as of May 19, 1980.
Seconded by: Mrs. Mills
Roll Call Vote: 5 Ayes 0 Nays
The following amendments were made to the Town Personnel Policy
following research by the Personnel Committee upon complaints
of the Highway Department employees. Mrs. Reilly wished to add
that these amendments had been discussed at work shop sessions
and were based on meetings held throughout 1979 with representa-
tives of the highway and other town personnel.
Unused Vacation:
With the approval of the employee's department head, unused
vacation in any calendar year may be accumulated to a maximum
of one calendar week, but unless taken by the employee, with the
approval of the employee's department head, during the next
succeeding calendar year, any such unused and accumulated vacation
shall be forfeited.
Personal Time Off:
Department heads may grant personal time off to full time
employees based on need and employment record up to 6 (six)
days, at the discretion of the Department head.
Death in Family:
Full time employees may be granted, if necessary, three (3)
x41.
days bereavement in case of death of immediate family re:
Husband/Wife, Son, Daughter, Mother, Father, Mother-in-law
or Father-in-law, Brother/Sister.
Sick Leave:
Sick leave shall be granted employees as follows:
Employees may accumulate sick leave credit during
continuous permanent employment at the rate of one day for
each month's active employment to a maximum of 144 days of
sick leave.
MRS. REILLY moved to adopt the amendments to the Personnel
Policy of the Town.
Seconded by Mrs. Mills
Motion Unanimously Carried
The original amendments had omitted "Brother/Sister" and Mr.
Versace gequested that these relatives be added to the "Death
in Family" paragraph.
The amendments changed the personal time off from unlimited time
to six days; two days bereavement in case of death to three days,
and accumulated sick leave from 120 days to 144 days.
A memo was received from the Comptroller recommending that the
Board authorize the Supervisor to sign a contract with Fair
Security Systems Inc. for a -"hold up" alarm at Justice Court.
Mr. Diehl explained that at times there is only one girl at
Justice Court and he cited some incidences that had happened
recently which started an investigation by him to determine how
safe the personnel would be in the event of an emergency; the only
means of communication would be the telephone and there could be
the possibility that that could not be used. They then investigated
several alarm systems. The system recommended would have a button
at the counter and also at each of the girl's desks and a piece of
equipment which would alert the system at the Judge's bench. The
alarm will ring at the Fair Security System at Route 9 and they
in turn will notify the Sheriff and/or the State Police. when the
alarm goes on, an automatic speaker system will also go on recording
everything that transpires at the Justice Court and will be heard
at Fair Security. The cost will be $250 installation plus $15.00
monthly rental charge, one year contract and 60 day termination
clause.
3
ltiv 2
MR. JOHNSON moved that the Supervisor be authorized to sign a
contract with Fair Security. Systems Inc. for a "Hold Up Alarm
System at Justice Court at a charge of $250 installation and
$15.00 monthly rental charge, for a one year contract.
Seconded by Mrs. Mills
Motion Unanimously Carried
A request had been received earlier in the year from Otto Klassen
for the Town to accept East Salem Road. Mr. Adams recommended that
the Board now consider action on this since he had received the
title policy and was satisfied with it. Mr. Horton had previously
recommended acceptance of the road as he had received the "as-
builts" and copy of the deed which were both acceptable.
The following resolution was introduced by COUNCILMAN JOHNSON who
moved its adoption:
WHEREAS, Otto Klassen, President of Klassen Builders, Inc.,
owner of certain property in the Town of Wappinger has offered
to dedicate a parcel of land known as East Salem Road in the
Town of Wappinger, Dutchess County, New York to the Town of
Wappinger and
WHEREAS, a performance bond has been posted to guarantee the
completion of said road in accordance with the rules and regulations
of theTown of Wappinger and
WHEREAS, the Highway Superintendent has found that East Salem
Road has been completed to Town Specifications, and has favorably
recommended the acceptance of said Road as and for a public" Town
Road,
NOW, THEREFORE, BE IT RESOLVED, that East Salem Road as more
particularly described in a deed from Otto Klassen to the Town of
Wappinger dated the 20th day of May 1980, is hereby accepted as a
public highway in the Town of Wappinger and, it is
FURTHER RESOLVED that it has a maintenance bond to guarantee
that said road has been installed in accordance with said town's
rules and regulations and a surety bond in the sum of 20% of the
performance bond shall be posted in the Town of Wappinger, and
be it
FURTHER RESOLVED that upon the signing of the said maintenance
bond the present performance bond shall be released by the Town
Clerk of the Town of Wappinger and be returned to Otto Klassen
and be it
FURTHER RESOLVED that the name of the road upon acceptance
shall be East Salem Road.
Seconded by: Councilwoman Reilly
Roll Call Vote: 5 Ayes 0 Nays
323
Mr. Versace had one more point of information to pass on to the
residents and also the news media present ---a toll free telephone
for New York State Commission of Cable TV --800-342-3330. The
local number is 474-2312.
There was no other business to come before the Board.
MR. JOHNSON moved to adjourn the meeting, seconded by Mr. Diehl
and unanimously carried.
The meeting adjourned at 11:03 P.M.
ORA-ugLA
Elaine H. Snowden
Town Clerk
Reg. Mtg. 5/12/80