1980-03-10 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
MARCH 10, 1980
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG BY CUB SCOUT PACK #57
3. ACCEPT MINUTES
4. REPORTS OF OFFICERS
(y -go
234.
Town Justices Bldg/Zng Cons. Adv. Council Annual Report'
Annual Audit prepared by Pelligrini & Sedore U.S. Cablevision
submission to N.Y.S. Comm. on Cablevision of Franchise renewal
5. PETITIONS & COMMUNICATIONS 1?
a.
b.
c.
d.
e.
f.
g.
e'c.c.,: r c_
Mrs. Pellettiere re: request for light at All Angels & Park Hill Dr.
Planning Bd. re: establishing connection fee on W & S hookups
Rose Wells - Petition for feasibility study on Wappinger Park Water:
District possibility.
Report from Camo - update on Co. Health Dept. report of 9/12/80
Jos. Sarubbi re: another offer to purchase warehouse on Rte 9
E. Hawksley re: appointing Bideways Committee
Jon Gromyko re: cutting trees on Town property
6. COMMITTEE REPORTS
7. RESOLUTIONS
a: -Bids-- -- -Sludge & -Chemicals
b. Bids - Highway sweeper
c. Bids - Tractor (recreation) & Football Helmets
;d. Vacancy on Planning Board
e. Application by Christina Bey for Peddlers license
f. Suzanne B. Sullivan - Cardinal Hayes Home re: penalty on Water bill
g. Dutchess Co. Office for Aging - Care -A -Van contract
h. Dutchess Co. Asscn for Sr. Citizens - application & contract for
Recreation Program for Elderly
i. Report from H. Cuatt, Compt. re: computorizing W & S Dists. -
conforming & combining
314,.
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SraiT.ra:n
ct Qurpes4.-„A^s(tr actounS.8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
235
The Regular Meeting of the Town Board of the Town of Wappinger
was held on March 10, 1980, at Town Hall, Mill Street, Village
of Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:12 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Others Present:
Jon Holden Adams, Attorney
Rudolph Lapar, Engineer to the Town
Supervisor Diehl welcomed Cub Scout Pack #57 and asked them to
come forward and lead the congregation in the Pledge of Allegiance
to the Flag.
All stood and said the Pledge of Allegiance to the Flag. Mr. Diehl
thanked the Cubs for their participation and invited them to attend
again.
The Minutes of the Regular Meetings of January 14, 1980 and,February
11, 1980 and Special Meeting of January 28, 1980, having previously
been sent to the Town Board, were now placed before them for their
consideration.
Mr. Johnson noted that the January 14th meeting stated that Supervisor
Diehl opened the meeting, however, he was absent from the meeting.
MRS. MILLS moved that the Minutes of the Regular Meeting of January
14th and February llth, 1980 and the Special Meeting of January 28,
1980, be approved, with the correction as stated by Mr. Johnson,
as submitted by the Town Clerk.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Reports had been received for the month of February from the Town
Justices and Building Inspector/Zoning Administrator; Annual Report
from the Conservation Advisory Council, the Annual Audit from Pelligrirj
and Sedore and the U.S. Cablevision submission to New York State Com-
mission on Cablevision of Franchise Renewal.
MR. JOHNSON moved that all reports received by the Town Clerk be
236
accepted and placed on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
The following report was received from Mr. Lapar:
Memo To:
From:
Subject:
Date:
Town Board, Town of Wappinger
Rudolph E. Lapar, P.E.
Resolution of concerns of Mr. & Mrs. Petvai,
2 Bel -Air Lane & Mr. & Mrs. King, Orange Court
March 5, 1980
On March 5, 1980 Mr. William P. Horton and Rudolph E. Lapar,
met with Mr. & Mrs. Petvai and Mr. King - the results of the
meeting are as follows:
1. The Town Highway Department will install a catch
or inlet basin on Alladin Court between Bel -Air Lane
and Losee Road where a natural swale discharges
waters across the lands of Petvai.
2. If required, after the installation of the proposed
Bel -Air Lane Storm Sewer Plan, the Town Highway will
place a catch or inlet basin at or near the Petvai's
driveway.
3. An additional easement will be obtained from the
Petvai's in order to allow the drainage pipe to
remain in the existing place.
4. The new drainage pipe will be extended an additional
10 feet at the request of Mr. Petvai for valid reasons.
Also the stream will be cleaned as required from end of
pipe past Losee Road.
5. The area between the last two (2) inlet basins on
Orange Court will be stoned and allowed to leach into
the main•storm.drain since high ground water and springs
have been observed in the area.
6. An attempt will be made to raise the grade in Orange
Court turn circle so that the pocketing of water will
no longer occur. This will be done as part of repavings
after the proposed Bel -Air Lane project is completed.
7. If the regrading of Orange Court does not eliminate all
problems, possibly additional catch or inlet basins will
be added at a later date.
Since the above work does not
cost above the proposed total
easily be incorporated in the
resolves the concerns brought
substantially -increase the estimated
construction estimate, they will
project. We believe that this
up at the Public Hearing.
Respectfully Submitted,
s/ Rudolph E. Lapar, P.E.
Mr. Diehl asked for discussion from the Board or any interested
person. Dick King was recognized and was concerned about the base
of the turn around on Orange Court; presently it was like "jello"
and blacktop would not hold on such a base. Mr. Petvai arrived at
the meeting at this time and asked that the memo be read again.
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Mr. Petvai was concerned about the item regarding the catch
basins being installed at a later date if the problems were not
eliminated by the regrading of the road. He felt they shouldn't
wait, the catch basins should be put in when they were doing the
project. There were questions to be answered and the Board felt
more discussion was needed with Mr.Horton, however, they wished
to move ahead and make preparations for financing the project
which would take probably 30 to 60 days. Mr. Diehl suggested that
they make the necessary actions to proceed with the project.
MR. JOHNSON moved to direct the Comptroller to make the necessary
financial preparation in anticipation of the Bel -Air Land Drainage
Project.
Seconded by Mrs. Mills
Motion Unanimously Carried
MR. JOHNSON moved to request that Mr. Horton give a detailed report
on the plan to raise the Orange Court turn around and include
specifics on the base which would be used undo the final topping
of the road.
Seconded by Mrs. Mills
Motion Unanimously Carried
MR. JOHNSON moved to direct the Attorney and the Engineer to the
Town to determine the necessary easements for this project and
proceed with obtaining said easements.
Seconded by Mrs. Reilly
Motion Unanimously Carried
1/410 Mr. Petvai seemed to be confused on the items regarding the catch
basins, and it was again pointed out that Item #1 of Mr. Lapar's
memo stated that the Town Highway Department would install a catch
basin on Alladin Court between Bel -Air Lane and Losee Road plus,
as stated in Item #2, if required the Town Highway would place
a catch basin at or near the Petvai's driveway. A further solution
under Item #7, would provide additional basins if the regrading of
Orange Court did not eliminate the problems. Mr. Diehl explained
that at this point, the Town had done all it could possibly do
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until further information was received from the Comptroller and
the Highway Superintendent.
Before going on with the Agenda, Mr. Versace commented that While
they were on the subject of Bel -Air drainage project, he would
like to make a motion.
MR. VERSACE moved to instruct the Building Inspector that no
additional Building Permits are to be issued in Pondview Subdivision
(Fairview Enterprises); Mr. Gunderud and the Supervisor be directed
to contact Mr. Bartholmeo and if contact is made; set up meeting
with the Town Board to discuss the retaining pond that seems to be
a problem to the Bel -Aire Lane Drainage system, and the question
of payment of initial downstream drainage fee by Fairview Enterprises,
since there is no record of payment of this fee in Town records.
Seconded by Mrs. Mills
Motion Unanimously Carried
A letter was received from Mrs. Pellettiere, 6 Park Hill Drive, in
the Town of Wappinger, requesting a light on the corner of All Angels
Hill Road and Park Hill Drive. Mr. Versace, as Chairman of the
Health and Safety Committee had contacted Mrs. Pellettiere and
determined that it was a street light she was petitioning for.
Since Park Hill Drive was not an accepted Town road at this time,
he had informed her that action would have to wait until the Town
had taken it over. Mr. Adams, however, felt that since it concerned
public safety on the highway, it would be possible to have the
light installed and said he would review this further.
MR. JOHNSON moved that approval be given for the installation of
a street light at the intersection of All Angels Hill Road and
Park Hill Drive, subject to review and recommendation of the
Attorney.
Seconded by Mrs. Reilly
Motion Unanimously Carried
The following letter was received:
February 6th, 1980
Town Board, Town of Wappinger
Town Hall - Mill Street
Wappingers Falls, N.Y.
Dear Board Members:
The Planning Board of the Town of Wappinger would like
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to take this opportunity to strongly recommend that your Board
consider establishing a connection fee on sewer and water hookups
in districts where capacity will soon be reached to provide funds
for expansion of said districts.
Thank you for your consideration.
Very truly yours,
s/ Betty -Ann Russ, Secretary
Town of Wappinger Planning Bd.
Mr. Johnson felt this would not be appropriate in view of the fact
41110 that if Tri -Municipal was a reality, then the probability of the
expansion of the Oakwood plant would be zero.
MR. JOHNSON moved to receive this communication and place it on
file and advise the Planning Board that it would be impossible to
determine expansion capacity of the plants until the future of
Tri -Municipal is determined.
Mr. Fanuele, Chairman of the Planning Board, interrupted at this
point to comment that Mr. Johnson was addressing the sewer districts,
what about the water districts; he was not referring to just one
area, but water and sewer districts throughout the Town. Mr. Johnson
pointed out that we do charge double rates for connection fees in
some districts, but this is not applicable to all districts.
Mr. Versace felt that their request was based on the fact that the
burden constantly falls on those that have been paying full assessment
fees; what about the owners of the undeveloped lands who have been
paying 1/3 of the assessment; their connection fees should be higher,
when they do develop and expansion is needed in the districts.
Discussion continued along this vein until Mr. Diehl recommended
that it be referred to the Water and Sewer Committee for further
discussion. He asked Mr. Johnson to withdraw the motion on the
floor. Mr. Johnson withdrew his motion.
MR. JOHNSON moved that this matter be referred to the Water and
Sewer Committee for discussion with the Attorney and the Planning
Board and advise the Town Board of their determination.
Seconded by Mrs. Mills
Motion Unanimously Carried
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A petition was submitted by Rose Wells, President of the
Wappinger Park Homeowners Association, Inc. signed by 104
resident of the Indian Ridge subdivision requesting that the
Town do a Feasibility Study on a water district for that
subdivision, or the possibility of these residents hooking into
another water system operated by the Town.
In the cover letter of this petition, Mrs. Wells gave the history
of the system informing the Town Board that the first well was
inadequate two or more years ago and the residents put in a second
well at a cost of approximately $13,000; this well is unacceptable
by the Health Department because of its high level of sodium chloride.
MR. VERSACE moved that the Engineer to the Town be instructed to
do a Feasibility Study on the formation of a water district in the
Indian Ridge Subdivision or possibility of them tying in to an
existing water system, and cost of updating the present system to
a level of acceptability.
Seconded by Mr. Johnson
Motion Unanimously Carried
d
Before the vote was taken, there was discussion of this matter
by some of the residents. Mr. Walter Holze, 4 Iroquois Drive,
asked if it was possible to obtain the opinion of a third party as
to the usefulness of the first well, if it was indeed, dry, or was
there water there. It seemed to have a miraculous recovery after it
was known that the second well, could not be used.
Mr. Adams noted that the wells were under the exclusive domain of
the Dutchess County Health Department, but at Mr. Diehl's request, WO
said he would research this opinion.
Mr. Lapar felt there could be complications since the owner did not
have to allow access to the property to determine the condition of
the well.
Mr. Lafko, being recognized by the Chair, had a communication from
the New York State Health Department regarding a meeting with that
department, the Dutchess County Health Department and Mr. Lafko,
representing the Atlas Water Company. Under agreement conditions
resolved by them, the Dutchess County Health Department would
proceed with tests and assessments of adequacy of water and sewage
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supplies including Hilltop, Atlas and Oakwood Knolls. Mr. Lafko
suggested that the water system in Wappinger Park be included in
these tests and there would be no charge to the residents.
Martha Malthaner, 5 Iroquois Drive ---they were told by the owner
last year that the first well was going dry, that was why the
residents paid for the second well. Now the first well seems to
be pumping. They would like to have answers, there was evidently
water in that well.
Wayne Frye, 9 Iroquois Drive asked about the time frame on the
completion of this study.
Mr. Lapar answered that it would probably be 30 to 60 days provid-
ing they could get access through the Health Department, to the
system, to determine facts that were needed for the study. They
would also have to consider negotiations with the owner which
could take considerable time.
Mr. Lafko, being recognized by the Chair, repeated that this
testing could be done by the Health Department. Mr. Diehl
responded that the residents did not want that department to do
the testing, they wanted a third, uninterested party.
Mrs. Wells asked that Wappinger Park Homeowners Association be
forwarded a copy of the study when it was completed.
Mr. Diehl interrupted the Agenda to recognize Lois Gray and
Jim Pagones, Wappinger County Legislators, who had just arrived
at the meeting. Ms. Gray reported on two resolutions that would
be of interest to the Town; one sponsored by Joseph Poillucci,
in an attempt to save some of the taxpayers money, they would set
aside some of the programs that were of little usefulness or had
little interest associated with them, and the second one sponsored
by Louis DeBiase would be a request that the State would pay a
portion of the bill for any proposals concerning the County jail,
which would help lessen the burden of the taxpayers of Dutchess
County.
Mr. Versace then asked Ms. Gray about a culvert on Myers Corners
Road below Losee Road that both he and Mr. Lapar had attended a
meeting with Mr. Spratt and requested the enlargement of this
culvert. So far, nothing had been done, and he asked Ms. Gray
if she was familiar with this.
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Mr. Johnson had a copy of a letter sent out to Mr. Spratt just
one year ago on the same subject and requested that Ms. Gray and
Mr. 'agones approach Mr. Spratt and push this matter.
Mrs. Mills asked that Ms. Gray check on the status of New Hackensack
Road with the Department of Public Works regarding the shoulders
of that road. The road was supposed to have been paved and the
shoulders fixed, but no work has been done this year.
Ms. Gray remarked that she had had a meeting with Commissioner
Spratt and had discussed the intersection of New Hackensack Road,
All Angels Hill Road and Route 376 which was a dangerous inter-
section; he was very encouraging on this matter, she reported,
and hoped to see the start of construction this year, which would
help alleviate the problem at that intersection. Other areas in
the Town had also been discussed at that meeting and Ms. Gray
planned to keep on top of these problems.
Mr. Lafko asked what the County did about the leachate that was
running in to the creek from the balefill site at the airport.
Mr. Diehl responded that they had had a report from Mr. Hill from
the Health Department, they were looking into it and would get
back to the Town with further information --nothing has been
received since that first letter. Tests were being made and
would be available when the lab report were received.
Mr. Lafko then asked that the following letter be read into the
minutes:
Memorandum from State of New York, Department of Health
To: The Record March 5, 1980
From: Mr. Leavy
Subject: Dutchess County Subdivision Development Rules re
Atlas Water Company
The attached list of individuals representing New York State
Department of Health, Dutchess County Department of Health,
and Dutchess County Attorney met in my office this date with
Mr. Lafko representing Atlas Water Company.
A subdivision development approval impacting the Atlas Water
Co. had been issued by Dutchess County on July 10, 1978 under
County Sanitary Code Sec. 11.06. Such action was challenged
under two considerations:
Could the county appropriately act under county code
not accepted for filing in the NYS Department of Health?
2. Was such approval valid in light of a subsequent
failure to file plans within one year as required?
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Agreement was reached as follows:
1. The County is at all times authorized under the
Public Health Law to implement and enforce the
State Sanitary Code within their jurisdiction.
Any action by the County therefore, which was in
accord with the State Sanitary Code when taken,
is valid.
2. The County has withdrawn its prior approval based
upon the subsequent failure to file plans. The
issue of challenge is therefore mute.
3. The County Health bepartment agreed to proceed with
carrying out all indicated tests and assessments of
adequacy of water and sewage (incl. Hilltop, Atlas
and Oakwood Knolls) supply in regard to review of
this subdivision development treating the issue as
a new application and without prejudice as to the
past issues in this development's application.
Upon the above understandings, the meeting adjourned.
Mr. Diehl planned to call Jack Hill from Dutchess County Department
of Health and request that the testing described in Paragraph 3
of the memo, also include the water system of Wappinger Park Homes.
A report was received from Camo Pollution Control re: Update on
Dutchess County Health Department Comments of September 12, 1979
and it was in regard to the Town of Wappinger Wastewater Treatment
Facilities including Oakwood Knolls, Fleetwood Manor, Rockingham
Farms, Royal Ridge, L&A.
Mr. Versace remarked that he had not received the report and asked
to review it. While he was reading the report, there was discussion
on the floor regarding this, and the Board asked Mrs. Snowden to
read the following report:
Ihse
February 4, 1980
Mr. Louis Diehl, Supervisor
kbe Town of Wappinger
Town Hall, Mill Street
Wappingers Falls, New York
Re: Update on Dutchess County
Health Department
Comments of September 12, 1979
Dear Lou:
FOl:-ow ing is a final update of the comments in Mr. Napoli's
Memorandum in regard to the Town of Wappinger Wastewater Treatment
Facilities. These items might need explanation when the application
for 0 and M aid is submitted.
Oakwood Knolls
1. Mr. Lapar has determined that the #2 primary settling
tank which leaks is not needed. Our only concern
is the short circuiting which might occur at design
flow with the tank due to the orfice rather than
weir which is utilized between the rectangular and
circular clarifiers. If the #2 tank is not to be
utilized, it might be well to remove the equipment
and hold as spares.
2. The sludge lines have been insulated as best as
possible without a major improvement. Although
the weather has not given it a good test, we feel
that it will be adequate.
3. The access road has been repaired.
4. We are unaware of the status of the infiltration
correction. We were contacted by Fenetryn that
they would be working on the lines in the future
sometime ago, but have not seen or heard from them
s ince.
Fleetwood Manor
. The collectors are still out of service.
2. You are also aware of the fact that the #1 aerator
and the return sludge system is out of service.
Rockingham Farms
1. The sand filter leak has been repaired.
2. The sludge viewing boxes have been replaced.
3. Mr. Lapar will have to look into the operation of
the emergency overflow. We were unable to have it
operate as the regulatory agencies would like and
have, therefore plugged it.
Royal Ridge
1. The flow meter will be installed completely in
approximately three (3) weeks when the final materials
are to be delivered. Some of the work of installation
has been completed.
2. We are presently negotiating with the Dutchess County
Health Department in regard to the extent of which the
work in regard to the perimeter boards around the sand
filters must be done. To accomplish this as they
presently desire would require a great deal of work.
As soon as we can agree on the method of doing this work,
we shall provide the Board with a cost estimate.
L and A
1. The flow meter will be installed in approximately
three (3) weeks, when the remainder of the materials
arrive. Some of the work to install the meter in the
CL2 contact tank has been completed.
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L and A (continued)
2. A new bar screen is being fabricated and will be
installed in the very near future.
3. The slide gates are operating properly.
4. Ball valves have been installed on the air lines
for the return sludge air-lifts. This seems to
be adequate at the present time to provide process
control. Any other means of measuring or regulating
the return sludge on waste flows would be very costly.
kie 5. Mr. Church of Mr. Lapar's office is presently working
on a design for the emergency overflow.
Please advise if you wish us to take any further action
in this matter.
Very truly yours,
Camo Pollution Control Inc.
s/ George B. Cacchio, President
Mr. Diehl directed that this communication be received and placed
on file.
Another offer to purchase the Town building on Route 9 was received
from Joseph Sarubbi, Vice President of the Associated Warehouse
Outlet, who were presently renting the building. This offer was
for $15,000.00; a previous offer from him had been in the amount of
$5,000.00.
Mr. Johnson reported that the assessment of the building was $25,000.00,
therefore, Mr. Sarubbi's offer was not sufficient. If the Town were
to receive the right offer, they would be interested, he commented,
since the building could then go back on the tax roll.
MR. JOHNSON moved that the offer of $15,000.00 by Mr. Sarubbi be
rejected due to the fact that it is insufficient and that Mr. Sarubbi
be notified of this action.
Seconded by Mrs. Mills
Motion Unanimously Carried
A letter was received from Mr. Hawksley, Chairman of the Wappinger
Conservation Advisory Council regarding the formation of a Bikeway
Committee for the Town. He enclosed a list of names recommended by
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Mr. Doug Druchanas of the Department of Transportation, to be
appointed to this Committee. They are as follows:
Kenneth Ettinger *
2 Cider Mill Loop
Wappingers Falls, N.Y.
Tim Messerich
New Hackensack Road
Wappingers Falls, N.Y.
Judy Strong
40 Monroe Drive
Poughkeepsie, N.Y.
Katherine Ettinger
2 Cider Mill Loop
Wappingers Falls, N.Y.
Dale Buchanan
50 Imperial Blvd. Apt. 4N
Wappingers Falls, N.Y.
*Temporary Chairman
Mr. Versace noted that one member of this recommended committee
was from the Town of Poughkeepsie and asked the Attorney if they
should appoint a person from another town to a Town of Wappinger
Committee. Mr. Adams, Attorney, did not feel that the appointment
should be made.
MR. VERSACE moved that the persons recommended be appointed to the
Town of Wappinger Bikeway Committee, with the exception of Judy Strong
who resided in the Town of Poughkeepsie.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Johnson requested that a letter be sent to Mr. Hawksley explaining
why,Ms. Strong was not appointed as a member of this committee, but
she was welcome to work in an advisory capacity on this committee,
if she so desired.
In regard to a request last month from Mr. Gromyko to cut dead wood
on Town property and remove it, Mr. Versace, as Chairman of the
Miscellaneous Committee, had done some research on the subject and
had discussed it with the Attorney& the insurance carrier for the Town
and had been in communication with Mrs. Mills who was also on the
Miscellaneous Committee. He recommended that this request be denied,
after reviewing the facts that were given to him.
MR. VERSACE moved to deny this request due to the legal problems
the Town could incur, and Mr. Gromyko be notified of this action.
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Seconded by Mrs. Mills
Motion Unanimously Carried
Under -Committee Reports, Mrs. Mills mentioned that the Town Clerk
had written to Joseph Wells, Resident Engineer with the New York
State Department of Transportation regarding the enlargement of the
culvert on Route 9D and Middlebush Road, with copies to Senator
Rolison and Assemblyman Warren. All had responded and the State
Department had forwarded this correspondence to another department
involved with the improvement to Route 9D in this area and were
awaiting a reply from them. Mrs. Mills was encouraged about the
early response to this correspondence and hoped she would have
more to report on at the next meeting.
On the same subject, Mr. Johnson asked Mr. Lapar if he and Mr. Horton
had had a chance to check the stream for local obstruction that would
prevent the water from running off ---this had been a request from
last months' meeting. Mr. Lapar responded that the weather had not
permitted this inspection and Mr. Horton had been seriously ill with
pneumonia --by the next meeting, they would probably have a report.
Mr. Johnson reported that the Tri -Municipal Commission had held a
public informational meeting on the 28th of February and had about
80 to 100 people in attendance. He expected to have a $ figure
presented to them sometime near June, the environmental study would
be completed and a determination of the final plan would be sometime
in August, formal public hearings would be held sometime in October.
The environmental impact study portion of this project seemed to be
nearing its completion. The regular meeting of the Commission would
be held on March 20th.
A request for a street light had been received from residents of
Hi View and Top O'Hill Road at last months meeting, and since it
was the intersection of two Town roads, it did not qualify for a
street light. It was suggested that the Health and Safety Committee
look into the possibility of a street lighting district. Mr. Versace,
Chairman of the Health and Safety Committee had contacted Mr. Schwandt
regarding this matter, however, he was on jury duty and told Mr. Versace
he would get back to him when he was ready to discuss the situation.
Mr. Gunderud, Zoning Administrator of the Town, was present and Mrs.
Mills asked him if he had had any success in tracking down violators
who were dumping on property at Wildwood Drive and New Hackensack Road.
She had noticed garbage being dumped there, however, Mr. Gunderud
could only find dirt and stone and claimed this was not a violation
if the owner was dumping this material. He would keep a check on it,
but he did have more serious dumping problems that would take priority.
Mr. Diehl suggested that Mr. Gunderud have the owner post signs on
the property since he was responsible for the condition of the
property.
Bids were opened March 7th for a 4 wheel hydraulic street sweeper
for the Highway Department. The results were as follows:
Furnival Machinery Company $52,905.00
Ralph C. Herman Company 61,474.00
Wm. H. Clark Municipal Equipment 66,477.00
The Highway Superintendent recommended that the bid be awarded to
Furnival Machinery Company, the low bidder in the amount of $52,905.00.
MR. VERSACE moved that the bid be awarded to Furnival Machinery
Company in the amount of $52,905.00.
Seconded by Mrs. Mills
Motion Unanimously Carried
Bids were opened on March 6th for an Industrial Tractor Loader for
the Recreation Commission. Five bids were received as follows:
Pine Bush Equipment Co. $13,112.00
Dutchess Recreational Vehicles 7,500.00
Pine Plains Ford Tractor 12,804.00
Jonmar Associates, Inc. 13,723.00
FPC Farm Products Corp. 12,790.00
The bid for $7,500.00 did not meet the specs; the apparent low bidder
was FPC in the amount of $12,790.00, however, the Chairman of the
Recreation Commission recommended awarding the bid to Pine Plains
Ford Tractor in the amount of $12,804.00 due to the fact that this
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figure included rear tires loaded which would cost an additional
$70.00.
Mr. Diehl asked the Board if they wanted to act on this matter, as
there had been some questions raised by the members.
Mrs. Reilly felt they should table action until they discussed the
matter with Mr. Maurer. Mr. Johnson said there was a question raised
about the specifications being higher than what was necessary to do
the job, and he also felt they should discuss this with Mr. Maurer
who would probably have a specific reason for wanting this size
tractor. Mr. Versace felt they should have a work session with
Mr. Maurer and the full Board, not just a committee. The Board votes
on these matters and they should all be aware of the facts. Mrs. Reilly
then offered to set up a meeting with Mr. Maurer and the Board --who-
ever wished to sit in on the discussion. There was no further action
on this matter and it was tabled for further information.
Four bids were received on February 14, 1980 for Football Protective
Equipment as follows:
Football Helmets, Zappia $21.25
Letterii 23.00
Kaye Sports 25.95
Tri -Carr 20.00
The Chairman recommended awarding the bid for Football Helmets to
Tri -Carr Sports Company at a cost of $20.00 each.
MRS. REILLY moved to award the bid to Tri -Car Sports Company for
kbe Football Helmets at a cost of $20.00 each, as recommended by the
Recreation Commission Chairman.
kie Seconded by Mr. Johnson
Motion Unanimously Carried
A vacancy still existed on the Planning Board and at this time, Mr.
Versace wished to recommend that Mr. Edward Hawksley be appointed to
fill this vacancy. He had read three other resumes and made this
selection of Mr. Hawksley due to his capability of handling the
Chairmanship of the Conservation Advisory Council, his knowledge of
the enviroment which would be a help to the Planning Board and his
dedication to the Town while serving on other committees.
MR. VERSACE moved to appoint Edward Hawksley as a member of the
Planning Board.
Motion Failed for Lack of a Second
Mr. Diehl commented that he was not ready to vote on this matter
at this time; he was still reading the resumes he had received and
found that they had very qualified people interested in this appoint-
ment. He directed that this item be tabled until the next meeting.
An application for a Peddler's License was received from Christina
Bey who wished to sell bakery goods from door to door.
MR. VERSACE moved to approve the Peddler's License for Christina Bey
to sell bakery goods.
Seconded by Mrs. Mills
Motion Unanimously Carried
A request to waive the 10% penalty on a water bill was received from
Suzanne B. Sullivan, from the office of the Cardinal Hayes Home For
Children. There was confusion on payment of the bill since part was
paid by St. Joseph' Home and part by Cardinal Hayes, and the bill did
not arrive until after due date, they claimed. Mrs. Crosby had refused
the payment without the penalty since it had arrived at her office
after the due date, and this was the policy of the Town Board.
MRS. REILLY moved that this request to waive the 10% penalty on the
water bill for property located at 14 Sylvia Drive in the Town of
Wappinger, be denied, since it is the policy of the Town to charge
this penalty when the bills are paid after the due date.
Seconded by Mrs.Mills
Motion Unanimously Carried
A Contract was received from the Dutchess County Office for the
Aging for Care -A -Van service in the Town of Wappinger for the elderly,
in the amount of $8,025.00 for the period beginning January 1, 1980
and terminating on December 31, 1980.
9
MRS. MILLS moved to approve the Care -A -Van Contract with the Dutchess
County Office for the Aging, for an amount not to exceed $8,025.00,
and authorize the Supervisor to sign said Contract, covering the period
beginning January 1, 1980 through December 31, 1980.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A contract from the Dutchess County Association for Senior Citizens,
Inc. was received for approval by the Town Board. This involved
an application for matching state aid from the New York State Office
for the Aging for the Town's contribution to the Dutchess County
Association for Senior Citizens for a Recreation Program for the
Elderly for the 1980-1981 program year.
MR. JOHNSON moved to approve application form for Recreation Program
for the Elderly and authorize the Supervisor to sign the contract
for an amount not to exceed $1,000.00.
Seconded by Mrs. Mills
The following letter
February 15, 1980
Town Board Members
Town of Wappinger
Dear Board Members:
Motion Unanimously Carried
was received from Comptroller Henry Cuatt:
Three large districts remain to be put on computer. For your
convenience, I have listed the pertinent information on each of
the three below.
Name
kbe Schoonmaker Water
Hilltop Water
Rockingham Sewer
Customers
500
867
817
Billing Cycle
Quarterly 2/28-5/31
8/31-11/30
Quarterly 3/31-6/30
9/30-12/31
Semi-annually 12/31 and 6/30
The water and sewer bills are sent out separately. The water and
sewer program for the computerize billing is set up to combine
water charges with sewer charges, whenever applicable, therefore
rendering only one bill per billing period.
the Town of Wappinger $.45 per bill. If the
be combined (water & sewer), a savings would
cost of the bill as well as postage costs.
The county charges
above districts could
be realized in the
r
252
Rockingham sewer has:
500 customers related To Schoonmaker
Water
300 customers related to Hilltop Water
17 customers with their own wells
817 total Rockingham Customers
I have discussed the situation at length with Mrs. Buckley and we
would like to offer the following for your consideration and action.
I feel strongly that a decision should be made at the March meeting
of the Town Board to insure proper implementation of whichever
program you choose.
To help you decide how to handle these accounts, the following
suggestions are offered:
1. Bill Rockingham on a quarterly basis (off calendar) the same
as Schoonmaker is at present and bill the customers in Hilltop
related to Rockingham Sewer on the same cycle. This will keep
all sewer billing together.
2. Bill Rockingham as at present and change Schoonmaker billing
to be on calandar quarter. That will effect a billing for water
charges quarterly and sewer charges will be applied every other
quarter.
3. Bill Rockingham separately.
Very truly yours,
s/ Hank Cuatt, Comptroller
MRS. MILLS moved that the Board approve the method of billing that
the Comptroller feels would work most efficiently in his office.
Seconded by Mr. Versace
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
BE IT RESOLVED that the Supervisor be empowered to retain a
service bureau to produce a general ledger and monthly financial
reports for all funds at a cost not to exceed $6,000 for the
period ending 12/31/80.
Seconded by Mrs. Reilly
Roll Call Vote:
Supervisor Diehl Aye
Councilman Johnson Aye
Councilwoman Mills Aye
Councilwoman Reilly Aye
Councilman Versace Nay
9
The following resolution was offered by COUNCILWOMAN MILLS
who moved its adoption:
BE IT RESOLVED that the Supervisor be authorized to enter into
a contract with Pellegrini and Sedore to provide accounting services
for training town personnel and for preparing original records
suitable for submission to a service bureau for production of
general ledgers and monthly financial reports for all funds at a
cost not to exceed $14,000 for the period ending 12/31/80.
Seconded by Mrs. Reilly
Roll Call Vote:
Supervisor Diehl Aye
Councilman Johnson Aye
Councilwoman Mills Aye
Councilwoman Reilly Aye
Councilman Versace Nay
MR. JOHNSON moved that the following transfers be approved, as
recommended by the Comptroller to provide funds in the proper accounts
for the services approved in the previous resolutions: transfer
$20,000.00 from A909 Unappropriated Fund Balance to A599 Appropriated
Fund Balance, and transfer $20,000.00 from A599 Appropriated Fund
Balance as follows: $14,000.00 to A1320.4 Independent Auditing
and Accounting and $6,000.00 to A1680.4 Central Data Processing.
Seconded by Mrs. Mills
Roll Call Vote:
Supervisor Diehl Aye
Councilman Johnson Aye
Councilwoman Mills Aye
Councilwoman Reilly Aye
Councilman Versace Nay
There was discussion on the two resolutions before the vote was
taken. Mr. Incoronato, being recognized by the Chair, questioned
the actions being considered by the Board. Was this amount of
$14,000.00 being paid for Pellegrini and Sedore to set up an account-
ing system? Mr. Diehl explained that this fee actually covered a
dual purpose ---that of setting up books and training a bookkeeper
to do this type of accounting. Mr. Incoronato then asked why the
Comptroller could not train a bookkeeper, he seemed to have the quali-
fications to do this. Mr. Jdhnson answered that this was municipal
fund accounting and was a very specialized field; it was difficult to
find a person qualified for this type of accounting, and if you did
find one, the salary would probably be prohibitive. Mr. Hirkala then
asked if this was a Civil Service job and what would prevent this
person from leaving the Town after she was trained. It was explained
that after the bookkeeper was trained, she could, in turn, pass her
knowledge on to other personnel for a back-up, in time of sickness
or vacation, or possibly a resignation. This fee quoted was for a
year time frame, therefore, if the service was completed sooner than
that time, the fee would be less. Both charges would be a one time
fee, since the work of a general ledger and monthly financial reports
would be done by the trained bookkeeper.
Mr. Versace then voiced his objections to these resolutions and
stated that he did not intend to support either one of them. His
recollection was that prior to the appointment of a comptroller, the
Town Board always received a monthly financial report. He went on
to cite from the 1979 Audit Report, and quoted a statement from the
report by Mr. Sedore "Books and records as maintained by the Comp-
troller's office were inadequate for the purpose of presenting fairly
the financial position and results of operations of the respective
funds". This meant to him that the previous Comptroller was well
aware that their system was not correct, and it was the responsibility
of that Town Board to change it. This was not a new problem, it went
back two years --he quoted another statement from the audit report --
"the State of New York, Department of Audit and Control has mandated
that, as of fiscal years beginning in 1978, municipalities will be
required to maintain fixed asset accounting. In order to fully comply
with this mandate, it would have been necessary to compile a record
of property owned as of January 1, 1978 and to establish necessary
bookkeepigg procedures to safeguard and account for these assets.
As of the date of this report, these procedures have not been under-
taken". For these reasons, he could not agree with these expenditures.
55
The following resolution was offered by COUNCILMAN JOHNSON and
seconded by Councilwoman Reilly:
WHEREAS, the Town Board has been engaged in the consideration
of the adoption of an amended comprehensive zoning ordinance and
map to supercede a comprehensive zoning ordinance and map previously
adopted by it on or about January 29, 1973, as further amended from
time to time, and
WHEREAS, pursuant to the provisions of Article 8 of the
%be Environmental Conservation Law, the regulations applicable thereto,
and Local Law No. 2 of 1977, the Town Board has requested that its
agent, EcolSciences, Inc., prepare on its behalf a draft environ-
mental impact statement, and
WHEREAS, said draft environmental impact statement has been
prepared and was accepted by this board on or about December 28,
1979, and
WHEREAS, notice of completion of said draft E.I.S. was duly
circulated and written comments from the public were invited by
advertisement appearing in the Wappinger and Southern Dutchess
News on January 2, 1980, and
WHEREAS, the Town Board has reviewed the contents of the draft
environmental impact statement and the comments thereon,
V' NOW, THEREFORE, BE IT RESOLVED that the findings of the Town
Board as to the possible environmental impact resulting from the
adoption of the aforedescribed amended comprehensive zoning
ordinance and map be as follows:
ONE: That the adoption of the said amended comprehensive
zoning ordinance and map viewed in their entirety, will have no
adverse environmental impact.
TWO: That many of the objections to the said ordinance are
those which address concerns associated with implementation of
permitted land uses under the ordinance, which concerns are
generally preserved for further review as to environmental impact
in those specific instances of implementation in view of the
safeguards afforded by the ordinance, the State Environmental
Quality Review Act and its regulations and Local Law No. 2 of 1977.
THREE: Those comments previously made by the Town Board and
set forth as Exhibit A hereto are readopted and reaffirmed.
kbe FOUR: No„E.A.F. Statement shall be required in view of the
submission of a draft E.I.S.
FIVE: The Town Supervisor is empowered to prepare and
circulate a notice of no significant impact on the environment
(negative declaration) in the manner prescribed by regulation.
Said notice shall conform to the requirement of Section 617.10
of 6 NYCRR, Part 617.
Roll Call Vote:
Supervisor Diehl Aye
Councilman Johnson Aye
Councilwoman Mills Aye
Councilwoman Reilly Aye
Councilman Versace Nav
256
The comments set forth as Exhibit A, as stated in Paragraph Three
of the resolution just adopted by the Town Board are as follows:
The determination of the environmental impact resulting from
the adoption of a comprehensive revised zoning ordinance and map
must be made in the context of the many variables which attach
to land use practices. At one end of the spectrum, land develop-
ment and use, when viewed in the environmental context, could be
wholly denied to prevent any impact on environmental elements.
At the opposite end of the spectrum, land use could be unregulated,
thereby creating a maximum potential for adverse impact upon
environmental elements. Human needs and the promotion thereof
require both the consideration of the environmental elements and
the consideration of whether or not at times, such human needs
may outwiegh the preservation of environmental elements in their
pristine state. Where development is inevitable, environmental
considerations require that such development be permitted in a
manner that will minimize environmental impact.
Any zoning ordinance necessarily reflects the weighing of
interest between development and preservation of the environment.
A zoning ordinance which absolutely forbids development would be
constitutionally suspect. Conversely, a zoning ordinance which
failed to consider environmental elements would be equally suspect
in terms of meeting legitimate environmental objectives.
Consideration of land use proposals must also be made in the
context of existing land use experiences within the municipality.
Finally, any land use evaluation made in environmental context
to the extent that such evaluation attempts to project actual impact
is inherently speculative, as the objective of such zoning ordinance
is not to affirmatively cause growth, but to control the same.
Whether or not such development will take place cannot be ascertained
with any degree of reasonable certainty. Therefore, the ability to
project actual impacts is diminished.
Nevertheless, notwithstanding the foregoing constraints, a
determination of no adverse environmental impact is made for the
following reasons:
1. Commercial activity will be relegated to those areas which
are presently heavily used. Commercial areas will not be expanded
into areas of current low density land use, thus eliminating the
impact of such commercial activity to areas already experiencing
high intensity views. Illustrative is the Route 9 corridor.
2. Low density residential zoning is generally prevelant in
those areas adjacent to the Hudson River, thus minimizing the impact
of any development upon the ecological system of the river.
3. Higher intensity residential development is limited to
those areas generally served by municipal water and sewage facilities,
thus minimizing the impact of such development on existing water
tables and subsurface waters.
4. Section 480 of the zoning ordinance makes provision for the
control of obnoxious activities including but not limited to noise,
vibrations, smoke, dust, toxic matters, traffic, and other activities
that if left unregulated would adversely affect the quality of the
environment. No comparable provisions are present in the existing
zoning ordinance.
2-3
1
257
5. Provision is made for site plan review of all non-
residential activities, empowering town agencies, as in incidence
to development, to take into consideration environmental factors
and considerations in regulating development of such sites.
6. Provision is made for special considerations which are
attached to development of flood -prone areas.
7. Provision is made for designated residential development
(Section(Section 442) which development places priority upon considerations
of preservation of environmental features. Such designated resi-
dential development is a floating zone permitted throughout the
town.
Mr. Johnson asked that the following letter from Eco1Sciences
be read into the minutes:
March 6, 1980
Mr. Nicholas Johnson
Town Councilman
Town of Wappinger
Wappingers Falls, New York
Dear Mr. Johnson:
In reviewing "An environmental review of the zoning ordinance for
the Town of Wappinger, New York, "we feel a need to revise the
statement in the summary and conclusions which begin "implementation
of the proposed ordinance..."
For clarification purposes, the following words should be deleted:
"Implementation of the proposed ordinance will have unavoidable,
adverse environmental impacts, although..."
The revised statement which is now to be inserted should read
as follows: "The proposed zoning changes reflect environmental
considerations and mitigating measures. An example of mitigation
(within the zoning ordinance) that will minimize the adverse affects
of development impacts is the intent of downzoning an area where
there exists significant amounts of steeply sloping lands, wetlands,
or prime agricultural lands in order to protect these environmentally
sensitive areas".
The above review in no way changes the contents of the report
as this statement is clearly a summation of the details presented
on pages 13 and 19. If you have any questions or comments concerning
this review, please contact Louise M. Palagano at (201)627-5726.
We are presently in the process of reviewing other comments which
will be forthcoming to you within the next three weeks. These in
no way have any bearing on the above review.
Sincerely,
s/ Peter R. Spinney
Regional Manager
258
The following resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
WHEREAS, the Town Board on June 26, 1979 conducted a public
hearing upon the proposed adoption of an ordinance amending the
zoning ordinance and zoning map of the Town of Wappinger, said
amended ordinance and map being that appearing in a legal notice
of the Wappinger and Southern Dutchess News on June 13, 1979
(p. 1C -6C), and
WHEREAS, the Town Board on or about July 9, 1979 adopted a
negative declaration of environmental impact and the amendment
to the said zoning ordinance and map, which resolutions were
subsequently rescinded on or about July 30, 1979 subject to
further observance of the Environmental Quality Review Act and
Local Law No. 2 of 1977, and
WHEREAS subsequent thereto a draft environmental impact
statement was prepared and a negative declaration made, as more
fully set forth in a resolution previously adopted this date, and_
WHEREAS there has been compliance with all procedural acts,
including environmental review, necessary to adopt the said
ordinance amending the zoning ordinance and zoning map of the
Town of Wappinger, now, therefore,
BE IT ORDAINED by the Town Board of the Town of Wappinger
pursuant to Article 16 of the Town Law as follows:
Section 1. The zoning ordinance of the Town of Wappinger
adopted January 29, 1963 as amended from time to time is further
amended to be and to read in accordance with the text of the
amended ordinance published in the Wappinger and Southern Dutchess
News on June 13, 1979 as set forth on pages 1C through 6C thereof,
a copy of which is appended hereto and made part hereof and is
made part of this ordinance and incorporated by reference herein.
Section 2. The zoning map of the Town of Wappinger adopted
January 29, 1963, and as amended from time to time is further
amended to read and be in accordance with the zoning map appearing
in the Wappinger and Southern Dutchess News on June 13, 1979 as
set forth on 1C thereof, a copy of which is appended hereto and
made part of this ordinance and incorporated by reference herein.
Section 3. These amendments to the zoning ordinance and
zoning map shall be effective upon posting and publication as
prescribed by Town Law.
Seconded by: Councilwoman Reilly
Roll Call Vote:
Supervisor Diehl Aye
Councilman Johnson Aye
Councilwoman Mills Aye
Councilwoman Reilly Aye
Councilman Versace Nay
Ordinance Duly Adopted
Mr. Versace, on the subject of a resolution passed at last months
meeting regarding ratifying a resolution previously adopted on
Central Wappinger Water Improvement, stated that he had researched
this matter but could not find any resolution that had been adopted
by the previous Board. All he could find was a motion directing
the Engineer to proceed with an application and draft plans to
implement the installation of wells ---this was a motion, not a
resolution, they were two different actions. The Attorney, however,
differed with this and noted that they could be one and the same.
In this case, they were referring to the motion directing the
Engineer to proceed with the application for the wells, and the
Attorney referred to this as a resolution. Mr. Versace wanted to
straighten out these facts in his mind, so he knew what he was
voting on. He then suggested that work shop sessions be held by
the full Board so discussions could be held on various subjects that
came up; he did not believe in referring everything to committees.
MR. VERSACE moved that work shop sessions be held by the full Town
Board once a week for discussion of current matters.
Motion Failed for Lack of a Second
There was no other business to come before the Board.
MR. DIEHL moved to adjourn the meeting, seconded by Mr. Johnson and
unanimously carried.
The Meeting adjourned at 11:20 P.M.
Reg. Mtg. 3/10/80
CUAA•sz- a(Ank&L.—
Elaine H. Snowden
Town Clerk
259