1980-02-11 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
FEBRUARY 11, 1980
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. PLEDGE OF AGIANCE TO FLAG - GIRL SCOUT TROOP # 125
4. Accept Minutes
171
5. REPORTS OF OFFICERS: .Bldg/Zoning for Jan. & Annual Report T/Justices
Receiver of Taxes Quarterly CATV Grinnell Library Annual
6. PETITIONS & COMMUNICATIONS
a.
b.
c.
d.
e.
f.
g.
Ron La Sota re Drainage problem
Joel Neuman, Ch. Oak Park Neighborhood Assc. re:
Siegfried Schwandt re; Petition for street light
& Hi View Rd.
Jon Gromyko request permission to cut dead wood
Mrs. Giuffre, Pye Lane re: Sand in Water Line
Request by Village to borrow 3 Voting Machines for Village
Elections March 18th
1 H. Mangold, attny, re: dedication of Rds. Moccasin Hill Subd.
s. Corv.rnen`Es IZI.rAct
L Zec.fe c,Idn arft%rn.t os a4 pea f+.►ssten�4v c-4.4nc�► 'Grris."az"e -El�nv►tic- { a0�'0'V33
COMMITTEE REPORTS �� J. `�e�.lowd.:. -Pe.
Dean Trucking
at Top O'Hill
on Town Property
7. CO p 2e3. re; canseGdeted F.D�si-s Eor lZegis'irc'4....ja.,�;
8. RESOLUTIONS
a.
b.
c.
d.
e.
f.
g•
h.
i.
:.
k.
1.
M,
n.
Tax Certiorari - proposed Consent Order from Wm. Crane
re: Wappingers Falls Associates
Ratification of Intent re: CWW Imp. Area Application to DEC
Release of Retainage to D. Alexander on CWW Contract #9
Hall & Co. Release retainage - Contract #1B
Vacancy on Planning Board
Vacancy on Zoning Board of Appeals - H. Prager term expires
Klassen Blders - accept Deed for East Salem Rd.
Approve Lease Contract for dog Shelter
Appoint Dog Control Officer/s
Appoint additional members to CATV Committee
Award Bids for Baseball Equipment - Recreation
Award Bids for Fuel Oil and Highway Materials
Cyceatik Peret..sswn - u ?:el Zwaepae k. b4``��,tiwa<t1► oP{
Zecreeetr ohCon.ra teri'4s perwuss• rn -tv ron-1 Znci A-racAtc 4.aader.
9. UNFINISHED BUSINESS
A. Report on Airport Balefill site from Jack Hill
10. NEW BUSINESS
11. ADJOURNMENT
173
The Regular Meeting of the Town Board of -the Town of Wappinger was
held onFebruary 11, 1980 at Town Hall, Mill Street, Village of
Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:10 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 invited Girl Scout Troop *125 present at the
meeting to lead the public in the Pledge of Allegiance to the
Flag.
All stood and saluted the American Flag.
Mr. Diehl thanked the girls for their attendance and participation
and invited them and their leaders to remain at the meeting as long
as they desired.
The Mjnutes of the Regular Meeting of December 10, 1979, the Year
End Meeting of December 28, 1979 and the Reorganizational Meeting
of January 2, 1980, having previously been sent to the Town Board,
were now placed before them for their consideration.
MR. JOHNSON moved that the Minutes of the Regular Meeting of December
10, 1979, Year End Meeting of December 28, 1979 and Reorganizational
Meeting of January 2, 1980, be and they are hereby approved as
submitted by the Town Clerk.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Reports were received for the month of January from Building Inspector,
Zoning Administrator, Town Justices and Receiver of Taxes, Annual Report
from Building Inspector and Zoning Administrator, Quarterly Report
from CATV and Annual Report from Grinnell Library.
MRS. MILLS moved to accept the Reports and place them on file.
Seconded by Mr. Johnson.
Motion Unanimously Carried
17,4
The following letter was received:
January 23, 1980
To: Town Board: Town of Wappingers
From: Ronald LaSota
Re: Compensation for Water Drainage Damages
Members of the Board:
I am writing you in hopes that you will aid in the remedy of
damages to my property due to storm drain run-off directed to my
lands.
The situation is as follows:
I reside at the corner of routes 376 and Meyers Corners Road,
Wappinger Falls NY. I have been the owner of this 2.7 acres
of land since 1971. At the time of the purchase of this property
I acquired 2.7 acres of totally usable land. Since the time of
my purchase a housing development "Serenity Mission" was con-
structed off Monfort Rd, the developments boundaries being
adjacent to mine. The storm drain which carries road surface
run-off for this development is directed towards my property.
The result of this is that approximately one acre of my land
is now a swamp. This was=done without my permission. This flat
acre of land is a direct route between "Serenity Mission" and
Sprout Creek.
I had contacted the contractor of the development about this.
He in turn directed me to the Town Engineer, who told me in so
many words, that it was not his problem. This "swamp" is a
breeding ground for mosquitos which inundate the area during the
summer months.
I wish to make productive use of this land, and simply do not
have the thousands of dollars necessary for it's reclamation. I
am hoping that the members of the Town Board will inspect this site,
and make available to me the needed money to correct the "town's
mistake", or to have the town in any way, repair the damages done
to my property. I am sure that if this had happened to any one of
you, you would also request and expect rectification of the situation.
Please contact me when action will be taken as a result of
this letter. I will be in attendence at the Feb. llth Town Board
meeting.
Respectfully
s/ Ron LaSota
Mr. LaSota was present at the meeting to speak on his problem and
being recognized by the Chair, he brought forth the complaints that
he had stated in the letter. He wanted help with the drainage
situation by whatever means possible so he could use the land.
Reports had been received from the Building Inspector and the
Engineer to the Town as follows:
Memo To: Louis D. Diehl, Supervisor
From: Hans R. Gunderud, Building Inspector & Zoning Administrator
Date: January 31, 1980
Subject: Ron LaSota's Drainage Problem
I have reviewed several files, maps and data pertaining to the areas
that would have bearing on Mr. LaSota's property and offer the
following summary:
.3
1. Serenity Mission subdivision was laid out in January
1972 with a drainpipe between lots 14 and 15, discharging surface
water towards "Lands of Kerr" into what was indicated as a natural
streambed. This drainpipe handles the roads and approximately
10 acres of land, of the northern 1/3 of Serenity subdivision.
2. The Stringham subdivision (LaSota's present 2.7 acres)
was laid out in August 1972, final approval given in March 1973
(Mr. LaSota's claim that he owned it since 1971 is incorrect)
and showed the adjoining properties to be Kerr and Praeger,
Central Hudson, Route 376 and Meyers Corners Road. In 1976
Mr. LaPar's office wrote a letter to Mr. LaSota (copy attached)
explaining the drainage stream and existing swamp.
3. The drainage, via the stream, would indeed continue
�r► from Serenity and because of existing terrain, would have to
cross Mr. LaSota's property on its way to Sprout Creek, the
utlimate destination.
4he.
4. The handling of surface waters either existing prior to,
or as a result of development of property by discharge into an
existing stream, or other existing drainage way has been and is
the accepted State -of -the Art.
I hope this information will help the Board in its consideration
of Mr. LaSota's plea. I feel, that contrary to Mr. LaSota's
assertion , the Town did not make a "mistake" in the handling of
the water drainage from Serenity.
Respectfully,
s/ Hans R. Gunderud
Building Inspector &
Zoning Administrator
The following letter was referred to in Mr. Gunderud's memo
addressed to Mr. LaSota from Mr. Lapar:
July 7, 1976
Mr. Ronald LaSota
Route 376 & Myers Corners Road
Wappingers Falls, N.Y. 12590
Re: Swamp Condition and Discharge from
Serenity Mission Subdivision
Dear Mr. LaSota:
We have reviewed your complaint of water discharging across your
property causing a swamp condition.
Please be advised that all our records and maps show that there
was, and is, an existing stream through your property into which
the developer has every right to discharge surface water. Further,
the U.S. Geological Survey Map, the Dutchess County Soils Map, and
the Town Map show the area where the stream crosses your property
to be swamp.
I certainly can sympathize with you for your inability to use
this part of your property; however, it is my opinion that the
Town has no responsibility in this matter.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
Mr. Diehl addressed Mr. LaSota and told him that no rights had been
violated by the Town in this situation, and therefore, according to
both reports of the Town officials, the Town was not responsible for
I t6
any problems he now has. Copies of these reports would be
available for him if he so desired.
Mr. LaSota disagreed and said there was no existing stream bed there;
it was low land and damp land and this drainage was dumped on a flat
piece of property. Before the subdivision existed, it was not swampy,
the water would run off. He invited the Board to make an inspection
of the area to better understand the present situation. Despite
Mr. Diehl's contention that this was not the Town's responsibility,
Mr. LaSota persisted in his allegations that the drainage from the %00
subdivision was diverted to his property and no provision was made
for a property run-off. What recourse did he have --who would he
go to next. Mr. Versace then asked him if there was a flow of
water behind his property now, but Mr. LaSota replied no, it was
just stagnant water. Mr. Versace then properly identified the
location of the house, asking Mr. LaSota where the exact location
was. It stood that the Town accepted no responsibility for Mr.
LaSota's problem.
A letter was received from Joel Neuman, Chairman of the Oak Park
Neighborhood Association located in the Village of Wappingers Falls.
The letter pertained to current excavation work being undertaken
by the Dean Trucking Company; they were expanding their parking
lot and, in doing soiwereremoving trees. The residents were
concerned about a possible drainage problem since the construction
work would probably change the contour of the land. They asked that
the situation be investigated and corrective measures be taken, if
necessary.
Mr. Diehl had referred the matter to Mr. Gunderud who had made a
site inspection but as yet, had not reported his findings to the
Town Board. Mrs. Reilly had spoken to Mr. Neuman who had informed
her that Mr. Gunderud had visited them and inspected the site, and
the matter had been resolved. Mr. Diehl then asked that the
Building Inspector/zoning Administrator be notified that the Town
Board has requested a report be submitted on this matter at the
next meeting.
A request for the installation of a street light at the intersection
of Hi View and Top O'Hill Road was received from Mr. Siegfried
Schwandt, and was signed by several residents from this area.
1
177
It was then explained by Mr. Diehl that this was an intersection of
two Town roads and therefore not qualified for a street light since
the requirements read that street lights could be installed at the
intersections of Town and County or Town and. State roads. Mr.
Diehl then referred this matter to the Health and Safety Committee,
(Frank Versace & Janet Reilly) to look into the possibility of
these residents forming a Street Lighting District; they could confer
with Central Hudson on the approximate cost of such a district and
if it seemed feasible, they could then approach these residents with
the proposal. He asked that notification of this action be sent to
Mr. Schwandt.
Two residents, Jon Gromyko and Guy Barton communicated with Mr.
Diehl requesting permission to cut dead wood from behind their
homes on town property (they lived on Vorndran Drive). Mr. Diehl
explained that they were speaking of the area of the Hilltop Water
Works at Deer Run Road which was Town property. However, Mr.
Diehl went on, there could be problems allowing this kind of
activity on town owned land in the event of an accident to the
people involved.
Mr. Gromyko, being recognized by the Chair, spoke to the Board,
stating that he understood that this could set a precedent,
however, he persisted that the trees were laying there and they
would not abuse the property, rather they would leave it cleaned
up; he went on to comment that this property was right behind them,
however, this was not their sole source of wood, they intended to
cut the dead wood only, then the Town could have their permission
back. Mrs. Reilly felt they would be getting into legal complica-
tions with their insurance carrier and voiced her opinion that the
Board should not give their approval. Mr. Johnson, too, felt there
would be problems and approval should not be given until they had
some questions answered. When asked about a "HOld Harmless" release,
Mr. Adams replied that while on its face, it may seem to relieve
the Town from any liability, not so when it reaches a court decision,
and he did not recommend relying on this document.
Mr. Johnson recommended that this matter be referred to the Miscel-
laneous Committee (F. Versace & B.Mills) to investigate and determine
if this request to cut dead wood can be granted and done in a proper
legal manner, and report back to the Town Board at the next meeting.
Mr. Diehl had had a complaint from Mrs. Giuffre, 35 Pye Lane
regarding excessive sand in her water lines and had written to
Mr. Tremper of Camo Pollution Control to look into the possibility
of installing filters on her system. They were having difficulties
finding filters to fit due to an unusual connection, but they were
exploring other avenues to obtain the proper fit. Mr. Tremper
said he would also try flushing the lines to see if this would
alleviate the problem. Mr. Diehl asked that Mrs. Giuffre be
notified of this action.
A verbal request was received from the Village of Wappingers Falls
for the use of three voting machines for the Village Elections on
March 18th, 1980.
MRS. REILLY moved to grant permission to the Village of Wappingers
Falls to use three voting machines belonging to the Town for their
March 18th, 1980 Election.
Seconded by Mrs. Mills
Motion Unanimously Carried
A request was received from Harold Mangold, Attorney, for the
dedication of roads in the Moccasin Hill Subdivision. Mr. Horton,
Town Highway Superintendent, recommended acceptance of these roads
subject to the developer furnishing the town with one Park Hill
Drive sign, one Larmel Court sign and cap, and one Shady Brook
Lane sign.
Mr. Johnson commented that it was the recommendation of our Attorney,
that the Town receive title insurance policies along with the deed
to the streets.
MR. JOHNSON moved that the acceptance of streets in the Moccasin
Hill Subdivision and the acceptance of East Salem Road be tabled
pending receipt of title insurance policies along with the deeds,
and Mr. Horton and Mr. Lapar be notified of the receipt of same.
Seconded by Mr. Diehl
Motion Unanimously Carried
Three letters of comments were received on the Draft EIS on the
Comprehensive Revision of the Town of Wappinger zoning Ordinance --
The Dutchess County Department of Planning, Edward S. Hawksley,
179
Chairman of the Conservation Advisory Council and John MacDonald, Jr.
(These are on file in Town Clerk's Office with the DEIS).
Mr. Versace requested the Town Clerk to read the letter from the
Dutchess County Department of Planning.
The following letter was received:
January 31, 1980
Elaine H. Snowden
fir+ Wappinger Town Clerk
Mill Street
Wappingers Falls, NY 12590
kre Re: DEIS - 1979 Comprehensive Revision of Zoning Ordinance
Dear Ms. Snowden:
We thank you for the opportunity to review the above -referenced
document. The following comments are submitted for your
consideration:
Section I - Need and Purpose
The Draft Environmental Impact Statement for the proposed Zoning
Ordinance of the Town of Wappinger recognizes the important relation-
ship between the Town Development Plan and the Town Zoning Ordinance.
This section provides an information discussion on the goals and
policies of the adopted Town Plan and the fact that the zoning
should be implemented in accordance with the Town Plan.
Section III - Environmental Impacts of the Proposed Action
A major flaw in this section of the Draft EIS is the failure to
address the adverse impacts of an excess of commercially zoned
land and, more specifically, an excess of land zoned for strip
pattern commercial uses. Some of the impacts of strip development
are noted on page 19. The importance of the Town Development
Plan as a framework for the zoning ordinance is also stressed.
The Town Development Plan recommends limiting commercial areas to
existing centers of commercial activity while allowing land for
expansion of these areas. Despite the disparity between the
recommendations of the Town Development Plan and the proposed
zoning ordinance as regards commercial land, the Draft EIS does
not provide an adequate discussion of the issue. The potential
impact of a large excess of commercially zoned land on existing
commercial centers or the community as a whole is not evaluated.
It is recommended that the following amendments be considered for
this section of the Draft EIS:
Page 13. Paragraph 2 should take into consideration the fact that
area 5B, along Route 9D, is already developed as an apartment
complex;
Page 18. Table I and the appropriate section of the text should
consider the proposed extension of the Neighborhood Business Zone
along Route 9D;
Page 19. Paragraph I states that Area 4B is commercially developed,
this should be amended as there is no commercial use at the site.
j80
Section V - Alternatives
This section does not adequately address the issue of commercial
zoning. Alternatives to commercial zoning are addressed in the
Town Development Plan but alternatives are absent from this
section of the Draft EIS.
Section VII - Growth -Inducing Agents
The first sentence of this section mentions numerous areas which,
if developed in accordance with the proposed zoning, would have
a growth -inducing influence on the Town. However, land identified
as Areas 2A, 4A, 5B, and 9 would not necessarily have a significant
impact on the Town because they are already developed at varying
residential densities.
Section VIII - Proposed Action on Use and Conservation of Energy
This section fails to take into consideration the mechanisms
provided in the proposed zoning ordinance that encourage energy
efficient residential development. Section 411.9 of the proposed
zoning provides for Average Density Subdivisions and Conservation
Subdivisions. These land development mechanisms provide an
opportunity for cluster development and the use of energy-saving
site planning techniques. Section 425 permits Planned Unit
Development Districts through which developers can combine various
land uses in a more efficient pattern of land development.
Thank you for your consideration. If there are any questions,
please contact our office.
Sincerely,
s/ Jeffrey L. Churchill
Deputy Commissioner
MR. DIEHL moved that these letters be received and placed on
file for study by the Board to determine future action on the
proposed zoning ordinance, and that copies be sent to the
consultants who prepared the Draft EIS for their review.
Seconded by Mr. Johnson
Motion Unanimously Carried
Before the vote was taken, Mr. Michael Hirkala, being recognized
by the Chair, felt there should be more public input and the Board
Should hold a special meeting on this Draft EIS and allow comments
to come in other than in writing, and review the comments that
have come in. There were facts that he disagreed with and he
knew of people interested that were not aware of this Draft EIS,
and would have comments of their own to make. He felt that this
Draft EIS was a comparison of the old and the proposed zoning
ordinance and in that case it should not be a comprehensive zoning
plan, it should be a master plan. He continued along these lines
until Mr. Diehl interrupted to comment that the Board had done
everything legal in this matter, they have taken a direction and
as he heard it, it was an improvement, not 100%, but a lot of
181
shortcomings have been corrected; it can be looked over from time
to time and amended, but the direction is right.
A request was received from the Recreation Commission for per-
mission to attend the New York State Recreation and Park Society
Conference at the Nevele Country Club, Ellenville, New York,
from April 20th to April 23rd, 1980.
At this time, Mr. Versace wished to comment that at the last
kwe Recreation Commission meeting, there were three members present,
which did not constitute a quorum, therefore no official action
kbe could be taken at that meeting. He had no objection to any
member of that Commission attending a conference, but he wanted
to make a point that recommendations could not be made to the
Town Board from that meeting, since there were not a required
numbers of members present. It could be a recommendation from
the Chairman, but not from the Commission, as a whole.
MRS. REILLY moved that permission be granted to those members of
the Recreation Commission who desired to attend the New York State
Recreation and Park Society Conference at the Nevele Country Club,
Ellenville, New York from April 20th to April 23rd, 1980, and
their normal expenses would be a Town charge.
Seconded by Mrs. Mills
kr/
Motion Unanimously Carried
Before the vote was taken, Mr. Incoronato, being recognized by the
Chair, pursued the train of thought that had been initiated by Mr.
Versace and questioned whether the minutes of the Recreation Com-
mission reflected the fact that a quorum was not present and,
therefore, recommendations and official actions would not be
legal. Mr. Diehl requested that this matter be taken up later
in the evening as James Pagones and Lois Gray, two Wappinger
County Legislators had just arrived at the meeting and Mr. Diehl
assumed that they had just left a County meeting and would like
to speak to the residents.
Mr. Diehl then introduced Lois Gray, a new Wappinger County
Legislator, and invited her to address the public. Ms. Gray
thanked everyone for their support and said she looked forward
to serving them. She informed them that she and Jim Pagones,
would alternate attending the Town Board meetings; tonight Mr.
Pagones would talk to them on matters that had been discussed at
the County meeting and next month she would talk on pertinent
issues; then Peter White,, another Wappinger County Legislator
would be present for discussion.
Mr. Pagones then addressed the Board and the residents on a reso-
lution he had sponsored requesting the Governor to reinstitute the
formula of state aid for Dutchess Community College, since the
College would lose quite a bit of money if the old formula basis
was altered. He then dwelt on the pyrolysis system of discarding
garbage which has now been determined to be impractical; he was
hoping that the County would provide a more practical alternative.
He asked that the Town Board discuss the subject of the County
continuing in the garbage business and give a recommendation to
their legislators. The reason he gave was due to the fact that
the towns of Fishkill and East Fishkill had decided to embark on
their own project and have rejected any County plan to assist them.
Mr. Diehl remarked that these two towns were taking this action due
to inaction at the county level. He believed that individual land-
fill sites was the wrong way to go; it will lead to continual prob-
lems and will prove to be more expensive. It is the County's
responsibility, he said, it was given to them several years ago and
accepted by them ---don't dump it back on the towns.
Mr. Johnson cited at least two resolutions that expressed the opinion
oftthis Town Board; if they needed another one, the Board would give
them another one stating that this was the responsibility of the
County, not the towns; they would not support any landfill in the
Town of Wappinger. Mrs. Reilly also concurred with this opinion,
saying they had repeatedly stated this fact in letters and resolu-
tions to the County Executive.
Mx. Pagones then thanked Mr. Diehl for the letter he had forwarded
to Commissioner James Howes responding to the letter from Ir. Howes
requesting the installation of safety lights by the Town of Wappinger
on New Hackensack Road across from Linge Lumber Company. Mr. Diehl
had recommended that the County of Dutchess install a safety light
at county expense on county property at the proposed entrance to
the new Airport Terminal Building on New Hackensack Road. Copies
II
06,
of Mr. Diehl's letter had been sent to the Wappinger County
Legislators.
MR. .DIEHL moved to inform the Dutches*s County Executive that the
Town of Wappinger Town Board continues to expect the County of
Dutchess to provide a suitable landfill site for garbage disposal
for the entire core area of the County.
Seconded by Councilwoman Mills
Motion Unanimously Carried
A letter was received from County Legislator Joseph Lombardi
regarding a proposed resolution on the consolidation of election
districts which would result in a substantial savings to the
towns. A supply of voter registration forms could be kept on
file at all Town Halls to accomodate residents wishing to
register during the year. He asked for comments from the Town
Board, whether they be pro or con, as soon as they possibly could
send them to him.
MR. JOHNSON moved that a letter be sent to Mr. Lombardi informing
him that the Town Board of the Town of Wappinger agrees with this
resolution on the consolidation of election districts for
registration only, and copies of this action be sent to the four
Wappinger County Legislators.
Seconded by Mrs. Mills
Motion Unanimously Carried
Under Committee Reports, Councilwoman Mills, Chairman of the
Drainage Committee, reported that she had done researching in
the matter of the complaint received from Mr. Webb, 23 Pleasant
Lane, in his letter of January 7, 1980. She recommended that a
letter be sent to the proper authorities in Albany requesting that
the culvert on Route 9D be enlarged; when the state starts that
project, then the town should clean up -stream to the Lloyd property
on Route 9 and work on the culvert at Old Route 9 and Route 9 at
Lloyds. Mrs. Mills had reviewed the drainage study done by the
Town in 1975 and noted that that study showed the culvert at 9D
to be too small to handle what was going into it at that time.
The stream in the back of Mr. Webb's property was shown on the
1956 U. S. Geological Survey Map; it was also shown on a 1963
aerial photo which was taken for the Town of Wappinger tax maps,
as well as the Federal Government Flood Maps received by the
Town in 1979. The stream in question was not a secret, she
continued, as there is a Town easement through Mr. Webb's
property to the existing stream. The previous owner sold the
right of way to the Town when the Pleasant Lane storm sewers
were installed in 1974. Monies received from Waldbaums for
downstream drainage should be used for this project, but Mrs.
Mills did not recommend cleaning downstream until the culvert
on 9D was enlarged, since it would be a waste of money because
eventually the water would back up and destroy the job that had
been done. She believed that any flooding of Mr. Webb's property
caused by the construction of Waldbaums, was at this time, an
assumption on his part. It has not happened up to now, and the
Town could not prevent anyone from developing their land and using
existing streams for water run off. If an emergency arose, the
Town would certainly be on hand to relieve the situation, as they
have done in the past. Mrs. Mills requested that copies of the
letter to the State be sent to Senator Rolison, Assemblyman Warren
and Mr. Webb.
Mr. Johnson felt that Mrs. Mills had said it all; he agreed that
the culvert was a bottleneck in that area (9D), and concurred with
Mrs. Mill's recommendation of a letter to the State since road
work was planned within the year in that area and it would be an
opportune time to start a project on the culvert. Mr. Horton
should be requested to check the stream for obstructions that
might be 'preventing the water from running off.
MRS. MILLS moved that Mr. Horton be instructed to inspect the
stream for blockages and determine what eorrective action could
be taken, and also that a letter be sent to New York State Depart-
ment of Transportation requesting that the culvert at Route 9D
be reppiied and upgraded to provide a proper rnn off.
Seconded by Mr. Johnson
Motion Unanimously Carried
185
More discussion ensued on this problem ---Mr. Stinson commented
that the said stream did not exist; Mrs. Webb wanted to know why
they were letting development continue when they knew the culvert
was inadequate to handle more run off; Mrs. Edna Winters questioned
the fact that the Planning Board gave final approval when they
should have made it conditional upon the state correcting the
problem; the fact was known, she continued, since the 1975
drainage report stated that the culvert was inadequate. Mr.
Hirkala questioned the Board on the drainage study done in 1975 -
was it completed; was the Hunter Creek section done? He felt the
primary purpose of such a study was to anticipate problems before
they arose; the Town should come up with a comprehensive plan for
a long term solution of the Town wide drainage problems.
Mr. Diehl suggested that they wait for results from the action
taken tonight; they were trying to take corrective measures, they
were trying to help these residents; they would have more informa-
tion by the next meeting.
Mr. Johnson reported on a meeting on Tri -Municipal the previous
Thursday; correspondence had been received from Congressman Fish
and the Regional Director of Region 2 of the EPA, in response to
a letter from Leif Jensen, Chairman of the Commission, labeling
the delays that had been occurring in the project. Mr. Fish?
acknowledged the delays but reiterated that the members of the
EPA had been meeting with the Commission on
attempting to hurry things along. A Public
a monthly basis
Information Meeting
was set for February 8th, 1980 at Roy C. Ketcham High School
at
7 PM. He epected members of the EPA and DEC to be present, also
our environmental consultants to show the direction of the Tri -
Municipal project and receive public input.
A letter was received from Rosen Crane and Wolfson, Attorneiys
handling tax reviews of the Town, regarding a proposed Consent
Order settling the Wappingers Falls Associates vs. Thomas
Logan, et al Tax Certiorari. Mr. Logan had forwarded a recom-
mendation to the Board that they settle this review.
186
The following resolution was offered by COUNCILMAN JOHNSON,
who moved its adoption, seconded by Councilwoman Reilly, to wit:
BE IT RESOLVED, that Rosen Crane and Wolfson is hereby
directed to execute a Consent Judgment settling the Wappinger
Falls Associates 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.
The foregoing resolution was duly put to a vote, which
resulted as follows:
Supervisor Diehl_ Aye
Councilman Johnson Aye
Councilwoman Mills Aye
Councilwoman Reilly Aye
Councilman Versace Aye
Resolution Duly Adopted
The following resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
WHEREAS, the Town of Wappinger, by the engineer for the
Central Wappinger Water Improvement Area has made application
to the Department of Environmental Conservation on behalf of
the Central Wappinger Water Improvement Area, said application
being known to that agency as Water Supply Application No. 7005,
and being more particularly described in a notice of public
hearing dated January 23rd, 1980 under the signature of Edwin
L. Vopelak, Chief Administrative Law Judge, and
WHEREAS, by letter dated January 11, 1980, Fred J. Lafko
on behalf of the Atlas Water Company has raised a question as to
whether or not the Town Board has taken the necessary action to
approve the submission of the applications submitted by the
engineer for the improvement district and
WHEREAS, the Town Board of the Town of Wappinger has
previously approved and authorized the engineer for the improve-
ment district to take all steps necessary with respect to the
obtaining of the necessary permits to undertake the project
described aforesaid in the public hearing notice, and
WHEREAS, the Town Board of the Town of Wappinger without
conceding that its prior approval has not been previously granted,
wishes to state as a matter of record that it fully approves of
the applications submitted by the engineer for the improvement
district and wishes to ratify such acts as being consistent
with the authorization previously given to him by the Town
Board to undertake those steps necessary to fulfill the applica-
tion,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of
the Town of Wappinger hereby ratifies and approves of all
applications previously made by the engineer for the improvement
district on behalf of the Town of Wappinger with respect to
the Central Wappinger Water Improvement Area, said applications
being for a project more fully described in a public hearing
notice dated January 23rd, 1980 and the letter of Fred J. Lafko
dated January 11, 1980, as above more particularly described,
and
C
L
187
BE IT FURTHER RESOLVED that the said acts of the engineer for
the Central Wappinger Improvement Area in submission of the
applications for the above project are hereby ratified and approved
and are to be construed as having the same force and effect as if
each of said applications had been individually approved by resolu-
tion of the Town Board of the. Town of Wappinger prior to the time
of their submission to the Department of Environmental Conservation.
Seconded by: Councilwoman Reilly
Roll Call Vote:
Councilman Johnson Aye
Councilwoman Mills Aye
Councilwoman Reilly Aye
Councilman Versace Nav
Supervisor Diehl Aye
Resolution Duly Adopted
Before the vote was taken, Mr. Versace questioned the application
No. 7005, as stated in that resolution --what improvement area was
that; why was it being ratified; was there Town Board approval;
was there a resolution from the Town Board? He further questioned
if this was the Improvement Area l& that was tabled by the Board;
was this the same one that included the wells and the control
building; to his knowledge the Town Board had not given approval
to this particular improvement area. Mr. Versace asked what the
approximate cost of the project would be; Mr. Lapar answered it
was about $167,000.00; he then asked if this expenditure was approved.
When this question was answered in the negative, Mr. Versace asked
why they were sending a ratification to the State without having
funds approved. After discussion ensued on this matter, Mr. Johnson
interjected his opinion and went back over the actions of the Board.
The Town Board, in 1979, gave direction to the Engineer to the Town,
to proceed with an application and draft plans to implement the
installation of wells which were drilled with EDA funds; a public
hearing was then held on the map, plan and report and an application
k„r was filed with the state agency (DEC), however, there was an objection
from Mr. Lafko who has a commercial interest in this project. This
ratification of intent has been done upon legal advice to aid us to
get the authority to implement the project.
L
In response to Mr. Versace's request from the last meeting regarding
the actual work done on Central Wappinger Water Contract *9, a report
was received from Mr. Lapar itemizing the work performed by Dave
Alexander, Inc. He had requested release of the 5% retainage fee
on
this contract.
COUNCILWOMAN REILLY moved to release the 9% retainage fee to
Dave Alexander, Inc. on Central Wappinger Water Contract #9, as
per the recommendation of the Engineer.
Seconded by Mr. Johnson
Motion Unanimously Carried
A recommendation to release the retainage fee to Hall & Company
for Wappinger Sewer Improvement Contract 1B was received from
Mr. Lapar's office and also from the Attorney's office since
there had been litigation on this project, which was reportedly
settled.
MR. JOHNSON moved to release the retainage fee to Hall & Company
for Wappinger Sewer Improvement Contract 1B, as per recommendations
from the Engineer and the Attorney.
Seconded by Mrs. Mills
Motion Unanimously Carried
The appointment for the vacancy that still existed on the Planning
Board was tabled until the next meeting.
The following resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
RESOLVED, that Howard Prager, Jr. be ad 2- is hereby appointed
to fill the vacancy on the aoln ing Board5let g Town of Wappinger
which has occurred by reason of the expiration of his term, and it
is further
RESOLVED, that the said Howard Prager, Jr. is hereby appointed
to the said Zoning BoarcricArr`asterm which shall expire February
lst, 1985.
Seconded by: Councilman Versace
Roll Call Vote: 5 Ayes 0 Nays
Two proposals were received for a contract for Dog Shelter facilities
for the Town of Wappinger--one from Dr. Daniel Hannigan in the amount
of $10,000.00, and one from Dr. G. Harvey Barrett in the amount of
$4,000.00 for the same services.
MR. JOHNSON moved that the Supervisor be authorized to sign a
contract with Dr. G. Harvey Barrett for Dog Shelter Services in the
amount of $4,000.00 for the year of 1980, as required by the Agricul-
ture and Markets Law of the State of New York.
Seconded by Mrs. Mills
Motion Unanimously Carried
1
COUNCILMAN JOHNSON moved to appoint William Nepfel as Dog Control
Officer and that he be paid $4.00 an hour when rendering administra-
tive duties at a maximum of 15 hours per week, and $4.00 plus
mileage per call, when responding to dog complaints.
Seconded by Mrs. Mills
Motion Unanimously Carried
SUPERVISOR DIEHL moved the appointment of George Wells and James
Vicalvi as Assistant Dog Control Officers and they will be paid
at the rate of $4.00 per call plus mileage.
Seconded by Mrs. Mills
Motion Unanimously Carried
At the last Town Board meeting, two residents had expressed an
interest in cablevision activities in the Town and were invited
to become members of the CATV Committee.
MR. JOHNSON moved to appoint William Hald and Robert Smith as
members of the CATV Committee of the Town of Wappinger.
Seconded by Mr. Versace
Motion Unanimously Carried
Baseball Equipment Items had been put out to bid by the Recreation
Commission and opened by the Town Clerk on February 7, 1980. Six
bids had been sent to area sporting good companies; two were received
as follows: Schuman Army & Navy Sporting Goods in the amount of
$4,500.00 and Letterii Sporting Goods in the amount of $3,963.00.
The Recreation Commission Chairman recommended awarding the bid to
the low bidder, Letterii Sporting Goods in the amount of $3,963.00.
Mr. Versace interjected his feelings on this matter --he had no
objection to awarding this bid to the company recommended, his
kire objection was to the set-up of the Commission. It is supposedly
a seven member board, but there are only three members active;
it would behoove the Commission to strive to have a majority present
at meetings, or else solicit new members for the Commission. He
recommended that a letter be sent to the Chairman of the Recreation
Commission requesting that they take action on this matter.
MR. JOHNSON moved that the bid for Baseball Equipment be awarded
to Letterii Sporting Goods as low bidder, in the amount of $3,963.00.
Seconded by Mrs. Reilly Motion Unanimously Carried
loo
The Highway Superintendent had advertized for bids for various
highway materials and No. 2 fuel oil. Bids were received and
opened on February 4, 1980.
The following Bid Analysis and recommendations of the Highway
Superintendent werereceived: (Bid Analysis Sheets follow)
MRS. MILLS moved to award the bid for Fuel Oil to Lopez Oil
Company at .8420 per gallon, as recommended by Highway Superintendent.m,
Seconded by Mrs. Reilly
Motion Unanimously Carried
MR. JOHNSON moved to award the bid for gasoline to Agway Petroleum
at .9050 per gallon, regular, as recommended by Superintendent.
Seconded by Mr. Diehl
Motion Unanimously Carried
MRS. MILLS moved to award the bid for Bituminous Concrete jointly
to Dutchess Quarry and Spoor-Lasher, as recommended by Superintendent.
Seconded by Mrs. Reilly
Motion Unanimously Carried
MR.JOHEON moved to award the bid for Salt to Cargill Salt as
recommended by Highway Superintendent.
Seconded by Mr. Diehl
Motion Unanimously Carried
MRS. REILLY moved to award the bid for tires and tubes to B. F.
Goodrich Tire Company, as recommended by Highway Superintendent.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Johnson mentioned at this time, for the record, that his
son worked for B. F. Goodrich Tire Company, but had nothing to
do with the bidding process.
MRS. MILLS moved to award the bid for Asbestos Cement Pipe to
Johns -Manville, and the bid for Concrete Pipe be awarded to
Dtltchess Quarry and Supply, as recommended by the Highway Superin-
tendent.
Seconded by Mrs. Reilly
Motion Unanimously Carried
191
MR. JOHNSON moved to award the bid for washed sand jointly to
Clove Excavators and Noto Excavating, as recommended by the Highway
Superintendent.
Seconded by Mrs. Reilly
Motion Unanimously Carried
MR. JOHNSON moved that the bid for crushed stone be awarded to
Clove Excavators, as recommended by the Highway Superintendent.
Seconded by Mrs. Mills
Motion Unanimously Carried
MR. JOHNSON moved that the bid for Run of Bank Gravel be awarded
to Clove Excavators, as recommended by the Highway Superintendent.
Seconded by Mrs. Mills
Motion Unanimously Carried
MRS. MILLS moved that the bid for washed gravel be jointly awarded
to Clove Excavators and Noto Excavating, as recommended by the
Highway Superintendent.
Seconded by Mrs. Reilly
Motion Unanimously Carried
The following letter was received from the Highway Superintendent:
February 7, 1980
Town Board - Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
RE: Permission to bid Sweeper
Ladies and Gentlemen:
As you may recall at the time the 1980 budget was under
discussion, it was decided to delete monies from the highway
budget under purchase and repair of machinery that had been
included for the purchase of a new sweeper, or the repair of
the old one. It was felt, at that time, that the town would
purchase a new sweeper this year and seek bonding to cover the
purchase price.
I, therefore, request permission to let out bids for a
new sweeper.
Very truly yours,
s/ William P. Horton
MR. JOHNSON moved to grant permission to Mr. Horton to go to bid
for the purchase of a Sweeper.
Seconded by Mrs. Mills
Motion Unanimously Carried
•
A letter was received from the Recreation Commission requesting
permission to go to bid on the purchase of a front end Tractor
Loader. Mr. Johnson explained that there was money in the
Recreation budget itemized under "Tractor Rental" which could
be used toward this expenditure plus monies that were available
in the general fund. The purchase was justified, he felt, since
in three years time, using the tractor rental line item in the
recreation budget, it would pay for itself.
MR. JOHNSON moved to authorize the Chairman of the Recreation
Commission to go to bid on the purchase of a Front End Tractor
Loader.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Under Unfinished Business, the following letter was received
from Jack Hill, Public Health Administrator, Dutchess County
Department of Health:
February 11, 1980
Mr. Louis D. Diehl, Supervisor
Town of Wappinger Town Offices
Mill Street
Wappingers Falls, NY 12590
Re: Airport Balefill
Town of Wappinger
Dear Mr. Diehl:
Reference is made to my letter of January 17, 1980, which
responded to your various concerns relative to the environmental
integrity of the Airport Balefill facility in the town of
Wappinger. This Department has been advised, via February 7,
1980, memo from James Spratt, Commissioner of Public Works, that
the remedial work to fill existing erosion channels has been
completed. As stated, these newly filled areas will be further
refurbished and seeded in the Spring.
Should you have any questions, please call at 485-9820.
Very truly yours,
s/ Jack R. Hill
In Mr. Hill's letter of January 17, 1980, he had stated that
water sample analyses and their interpretation will be available
as soon as the laboratory reports are received.
MRS. MILLS moved that a letter be directed to Mr. Hill asking that
copies of the water sample analyses be sent to the Town Board
as soon as they are received by his department.
(7,
FUEL OIL
TOWN OF WAPPINGER
1980 BID REPORT
AGWAY LOPEZ BOTTINI MULTI -POWER
Per gallon .8420 .8465
Service parts+labor.. 55.00
.8490 .8750
54.50 55.00
r Although Agway is the low bidder the Town Hall experienced several
run -outs and service call delays during the past year. On that
basis the Superintendent recommends the bid for Fuel Oil be awarded
kw to Lopez Oil Company.
GASOLINE
AGWAY PETROLEUM
Per gallons, regular .9050
The Superintendent recommends the bid for Gasoline be awarded to
Agway Petroleum Corporation.
BITUMINOUS CONCRETE
lA Top, per ton
lAC Top
IA Binder
2A Binder
lA Base
Cold Mix
DUT.QUARRY SPOOR-LASHER AMENIA S&G PKG. PVMT.
$19.00 $19.10 $19.50 $20.00
19.75 19.60 19.50 20.00
19.00 19.10 19.50 20.00
19.00 19.10 19.50 20.00
19.00 19.10 19.50 20.00
19.50 19.60 22.50 21.00
The Superintendent recommends the bid for Bituminous Concrete be
jointly awarded to Dutchess Quarry and Spoor-Lasher.
SALT
CARGILL SALT INTERNATIONAL
Per ton, FOB $17.00
Per ton, Delivered 32.67
No Bid
$34.00
The Superintendent recommends the bid for Salt be awarded to
Cargill_ Salt Company.
TIRES AND TUBES (see attached analysis)
The Superintendent recommends the bid for Tires and Tubes be awarded
the to the B.F. Goodrich Tire Company.
CULVERT PIPE (see attached analysis)
thole The Superintendent recommends the bid for Asbestos Cement Pipe be
awarded. to Johns -Manville; the bid for Concrete Pipe be awarded to
Dutchess Quarry and Supply.
2- WASHED SAND (see attached analysis)
101uperintendent recommends the bid for Washed Sand be jointly
awarded to Clove Excavators and Noto Excavating.
CRUSHED STONE (see attached analysis)
The Superintendent recommends the bid for Crushed Stone be awarded
to Clove Excavators.
RUN OF BANK GRAVEL (see attached analysis)
The Superintendent recommends the bid for Run of Bank Gravel be
awarded to Clove Excavators.
WASHED GRAVEL (see attached analysis)
d
The Superintendent recommends the bid for Washed Gravel be joint.?.y
awarded to Clove Excavators and Noto Excavating.
ASBESTOS
COATED
12"
14"
15"
16"
18"
11
27"
30"
33"
36"
39"
42"
rs III ti
10 c H Pi
C4 CH ►;O
a ›'n tizz
H t w :L4
tr'czi) K0) 00
t=i I to
4.58
6.05
6.56
7.70
9.77
11.83
12.73
17.1101
21.26
25.80
31.12
36.48
NO
BID
NO
BID
Couplings Included with pipe
1 !
CONCRETE
12"
15"
4,11
24"
30"
36"
43"
60"
3.8 5.72
4.8 7.02
6.7 9.11
9.24 11.02
11.04 14.45
15.60 18.63
2.1.50 26.93
38. 50 43.52
59.40 68.03
CULVERT PIPE
PER FOOT
1980 BID,REPORT
j
TRUC TIRES (NYLON)
L78 X 15-4 ply:tubelea____
L78 X 15-4 plytubeless traction
. _
650 X 16-6 ply:tube-type
j659 X 16-6 ply_tube7type_traction„..
I •
700 X 16-6 ply:tube-typetractior1__
750 X 16-6 ply;tube-type.
750 X 16-8 plytube-type traction
"5.0 X 20-8 ply:tube-type
825 X 20-10 ply _tube -type
825 X 20-10 ply tube -type traction
825 X 20-12 ply tube -type
825 X 20-12 ply tube -type traction
900 X 20-10 ply tube -type
_p90 X 20710.ply tube -type traction
.900 X 20-12 ply t;be-type
900 X 20-12 ply tube -type traction
lopo X 20-12. ply truck. type .
1000 X 20-14 ply truck type..... _
-' 1000.X .20-12- ply truck type traction
- 1000 X 20-14 ply truck typetraction
TIRES AND TUBES
B.F.Ccodricl
33.22
39.52
37.78
40.87
47.90
46.03
60.23
67.94
95.07
107.74
109.81
NA
113.10
124.02
129.58
155.64
150.95
169.11
171.32
185.46
1100 X 20-12 ply truck type . 171.79
1100 X 20-12 ply truck type traction 188.34
TRUCK TUBES
650 X 16 Truck.and Bus Tubes
6.08
700 X 16 Truck and Bus Tubes 6.08
- - • -
750 X 16 Truck=and Bus Tubes 7.60
825 X 20 Truck and Bus Tubes 10.72
900 X fi Truck and Bus Tubes 11.68
1000 X 20 TrUck.and Bus Tubes 14.16
1100 X 20 Truck and Bus Tubes 16.24
TRAC:OR TIRES
11L X 16-14 ply
14.9 X 24-6 ply rear
16.9 X 24-8 ply
TPAC=0:1. TU3ES
1.4-9 X 24 Farm Service Tubes
•
6ply
47.21
137.49
229.33
21.28
1V5
ROAD TIRES
17.5 25-12 pl tiNylon Tubeless
20.5 X 25-12 ply Nylon Tubeless Loader
• •
1100 X 24-12 ply Nylon Grader Tube -type
VOC X 24-12 ply Nylon Grader Tubeless
*.400 X 24 Tractor Grader Tube
ROA SERVICE
468.12
900.95
311.02
320.20
28.08
$15 per hour, $10 for truck flats + ,30 per mile in excess of 10 total mi.
-i. 0
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Seconded by Mrs. Reilly
197
Motion Unanimously Carried
Under Unfinished Business, Mrs. Mills went back to a subject
from last year --that of a complaint from Roberta Fitzgibbons
who was being assessed for one unit in the Central Wappinger
Water Improvement and should have been assessed for 1/3 of
a unit. Proper changes had now been made in the Assessor's
Office and Mrs. Fitzgibbons had overpaid the amount of $270.00.
MRS. MILLS moved that Mrs. Fitzgibbons be reimbursed for the
amount of $270.00 that was over paid for the benefit assessment
on the Central Wappinger Water Improvement.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Adams had received an agreement from the Developer of the
Spring Hill Subdivision consenting to the conditions prescribed
by the Attorney. He felt that the Board had not had enough time
to review this and asked that a special meeting be set so they
could act on it.
MR. DIEHL moved to set a Special Meeting for February 13, 1980
at 8:15 P.M. to act on a resolution prepared by the Attorney
regarding Spring Hill Subdivision and any other business that
may come before the Board.
Seconded by Mr. Johnson
Motion Unanimously Carried
MRS. MILLS moved to adjourn the meeting, seconded by Mrs. Reilly
and unanimously carried.
The meeting adjourned at 11:03 P.M.
Elaine H. Snowden
Town Clerk
Reg. Mtg. 2/11/80