1979-10-10 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
OCTOBER 10, 1979
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. ACCEPT MINUTES: Specials of Aug. 27th & Sept. 24th - Reg. Sept. 10, 1979
4. REPORTS OF OFFICERS
Town Justice�
�'u S
Bldg/Zoning Receiver of Taxes
5. PETITIONS & COMMUNICATIONS
Hydrant Report
a. Notice of Motion for Order to Compel Answer - Atlas Waterworks Co.
b. Vacancy on Planning Board - Communication from Ping. Bd. with
names of interested persons
c. Recommendation for members to fill vacancies on Cons. Adv.
Council from E. Hawksley.
datd. Report of inspection from Mr. v `' , DC Dept. Health,
on various Town W & S Treatment Plants
e. Attorney requests direction on Lombardi Appeal
f. Notification from DOT establishing 40 mph speed limit on Rte 376
g. R. E. Lapar recommendation for payment of Retainage to Wilson
Excavators, Contract #10 -Storm Drainage.
h. R. E. Lapar recommendation for payment of Retainage to Hall &
Co. on Wappinger Sewer Imp. Contract #1B
i. Request for Local Law on Parking, by Kurt Bretholz for Scenic
Garden Apts.
j. NYS Commission on CATV notitication of Seminar, Oct. 23, Albany
k. Appoint Gail Evans as an additional Dog Enumerator
6. REPORTS OF COMMITTEES
7. RESOLUTIONS
a. F. P. Clark Voucher - requested transfer by M. Ryan
b. Memo from M. Ryan re: Stillerman Voucher
c. Local Law #7-'79 - Local fees for Purebred Breeders Licenses
d. Central Hudson Contract on Came.i Acres Lighting District
e. Bid for Spreader - Highway
4 ST -Now 2errno h & aekrcernen'k- wiCourittA
8. UNFINISHED BUSINESS
a. Gregory Sarno re: Dana Place Drainage
b. Mr. & Mrs. Huang re: Zoning of their property
c. Stanley Porco, Widmer Inn, re: request for refund of Penalty on
Taxes
d. Memo from M. Ryan on Rockingham SD billing Cycle
9. NEW BUSINESS
10. ADJOURNMENT
The Regular Meeting of the Town Board of the Town of Wappinger
was held on Wednesday, October 10, 1979, at Town Hall, Mill
Street, Village of Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:07 P.M.
Present:
Louis Diehl, Supervisor
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Elaine Snowden, Town1Clerk
Others Present:
William Horton, Superintendent of Highways
Jon H. Adams, Attorney
Rudolph Lapar, Engineer to the Town
The Minutes of the Special Meetings of August 27th and September
24th, 1979 and the Regular Meeting of September 10, 1979, having
previously been sent to the Board Members, were now placed before
them for their consideration.
MRS. MILLS moved that the Minutes of the Special Meetings of August
27th and September 24th, 1979 and the Regular Meeting of September
10, 1979, 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 August from the Town Justices
and Receiver of Taxes, for the month of September, the Building
Inspector's and Zoning Administrator's Report and the Highway
Superintendent's Hydrant Report.
MR. JENSEN moved that the reports for the month of August from
Town Justices and Receiver of Taxes, for the month of September,the
Building Inspector's and Zoning Administrator's Report and the
Highway Superintendent's Hydrant Report be accepted and placed
on file.
Seconded by Mr. Johnson
Motion Unanimously Carried
32
Mrs. Snowden had received a Notice of Motion for Order to Compel
Answers to Written Interrogatories from Atlas Waterworks Company ,
and had forwarded same to Mr. Adams, Attorney representing the
Town.
MR. JOHNSON moved to place this Notice on file.
Seconded by Mrs. Mills
Motion Unanmmously Carried
A vacancy still existed on the Planning Board and a letter had
been received from them with names of people who were interested
in filling this vacancy.
Mr. Johnson noted that there were four names received, but no
recommendation from the Planning Board, and he felt there might
be others interested.
MR. JOHNSON moved that this matter be tabled until the next meeting.
Seconded by Mrs. Mills
Motion Unanimously Carried
A letter was received from Mr. Hawksley, Chairman of the Conserva-
tion Advisory Council recommending that Mr. and Mrs. Joseph Ryan
be appointed to fill the two vacancies on the Council.
MR. JENSEN moved that these appointments be tabled until a future
meeting.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A report was received from Mr. James Napoli, Assistant Public
Health Engineer with. the Dutchess County Department of Health
on various Town Water and Sewer Treatment Plants. Mr. Diehl
remarked that the report was favorable.
MR. JENSEN moved that this report be received and placed on file,
and a copy sent to Mr. Lapar.
Seconded by Mr. Johnson
Motion Unanimously Carried
3
33
A letter was received from Mr. Adams, seeking direction from the
Board on the Lombardi Appeal.
MR. JENSEN moved that this matter be tabled until they could meet
with the Attorney.
Seconded by Mrs. Reilly
Motion Unanimously Carried
The New York State Department of Transportation sent Notice of
Order establishing a speed limit of 40MPH on Route 376 in the
Town of Wappinger.
MR. JENSEN moved that this Notice be received and placed on file.
Seconded by Mrs. Mills.
Motion Unanimously Carried
A recommendation was received from Mr. LaparLapprouing payment
of retainage fee due to Wilson Excavators Inc. on Contract ##10
Wappinger Storm Sewer. The one year guarantee period had been
successfully completed.
MR. JOHNSON moved that the retainage fee in the amount of $2,279.50
be paid to Wilson Excavators Inc. for Contract ##10 on the Wappinger
Storm Sewer, as recommended by the Engineer to the Town.
Seconded by Mrs. Mills
Motion Unanimously Carried
A second recommendation from Mr. Lapar was received approving payment
of retainage to Hall & Company on Contract 1B, Wappinger Sewer Improve-
ment.
MR. JENSEN moved that since litigation was involved with this Company,
this matter should be referred to the Attorney for his review and
recommendat ion .
Seconded by Mr. Johnson
Motion Unanimously Carried
A letter was received from Scenic Garden Apartments requesting
A Local Law to enforce parking and safety zone regulations.
34
The following Local Law was introduced by COUNCILMAN JOHNSON:
A Local Law Prohibiting Parking or Standing by Motor
Vehicles in Fire Lanes or Safety Lanes Maintained by Scenic
Garden Apartments.
BE IT ENACTED by the Town Board of the Town of Wappinger
as follows:
Section 1. There shall be no parking or standing by any
motor vehicle in lanes marked fire lanes, safety lanes, or areas
marked "No Parking" within those parking areas and driveways
maintained by Scenic Garden Apartments, its successors, or
assigns.
Section 2. It shall be the responsibility of the owner of
Scenic Garden Apartments, its successors or assigns to construct
and maintain signs and other markings appropriate to identify fire
lanes, safety lanes, or areas marked "No Parking" and to provide
notice of tow -away restrictions and fines. Said signs shall
conform to the uniform standards prescribed by the New York State
Department of Transportation to the extent provision is made for
such signs.
Section 3. Any motor vehicle found standing or parked
within an area designated as a fire lane, safety lane, or area
marked "NO Parking" may be removed or towed away and any owner
or operator of such motor vehicle shall be subject to payment
of reasonable fees for such removal and storage.
Section 4. Violation of this local law shall be subject
to a fine not greater than $25.00.
Section 5. This local law shall take effect upon adoption
and as provided by Municipal Home Rule.
The following resolution was introduced by COUNCILMAN JOHNSON
who moved its adoption:
WHEREAS, there has been duly presented and introduced at
a meeting of this Town Board on the 10th day of October, 1979,
a proposed Local Law Prohibiting Parking or Standing by Motor
Vehicles in Fire Lanes or Safety Lanes Maintained by Scenic
Garden Apartments, and,
WHEREAS, the provisions of the Municipal Home Rule Law
requires that no local law shall be passed by the Legislative
Body of the Town until a Public Hearing thereon has been held
before such body,
NOW, THEREFORE BE IT RESOLVED,
1. That a Public Hearing
Local Law by the'Town Board of
day of November, 1979, at 7:45
Mill Street, in the Village of
New York.
shall be held on the said proposed
the Town of Wappinger on the 12th
P.M. EST, on such day at Town Hall,
Wappingers Falls, Dutchess County,
2. That at least five (5) days notice of such hearing shall
be given by the Town Clerk of the:Town of Wappinger, by the due
posting thereof upon the bulletin board maintained by said Town
Clerk in the Town Hall and by publishing such notice at least
once in the official newspaper of the Town of Wappinger.
Seconded by: Councilwoman Mills
Roll Call Vote: 5 Ayes 0 Nays
3/
A notice of a Seminar was received from the New York State
Commission on Cable Television inviting those interested to
participate on Tuesday, October 23, 1979 at the Legislative
Office Building in Albany, New York.
MRS. MILLS moved to receive this communication and place it on
file and notify the Chairman of the Town CATV Committee, Mr.
Cortellino, if he wished to go, his expenses would be a Town
charge.
Seconded by Mr. Johnson
Motion Unanimously Carried
MR. JOHNSON moved to appoint Gail Evans as an additional Dog
Enumerator.
Seconded by Mr. Jensen
Motion Unanimously Carried
Mr. Jensen reported that the Tri -Municipal Sewer Commission had
a meeting on September 20, 1979 and had guests from the EPA --
Dan Sullivan and Bob Vaughn from the environmental branch and
they along with the consultants who are doing the EIS reviewed
the nine proposed plans for the Tri -Municipal Improvement Area.
The EPA is now pushing Land Use Applications which is looked
at as an alternative method of getting rid of sewerage. Mr.
Jensen considered it a fruitful meeting. There was a meeting
scheduled for December 6th, at which time the EPA and the
Environmental Impact Consultants will present three or four
of the original nine proposals and report their findings and
cost alternatives and which proposal they consider most effective
klere
and3rest economical and environmentally the most practical. It
was taking quite a while to accomplish what they wanted to, but
he compared it to an article he read in the Middletown News by
a mayor from a local town and he had started their project in
the middle 60's and he, too, was experiencing delays from new
requirements and environmental groups.
Mr. Hirkala, being recognized by the Chair, asked Mr. Jensen
if there would be any more informational meetings; Mr. Jensen
replied that he assumed there would be more meetings set up
after the December 6th meeting, by EPA and EcolSciences who are
V V V
doing the Impact Study.
Mr. Johnson had been requested, by interested citizens, at the
last Town Board meeting, to furnish names of groups using the
Town fields who were not residents of the Town. He had received
this information from the Recreation Commission and noted that
there were four groups using the Town facilities who may not be
residents of the Town---Scheafer Softball Tournament that has
taken place for the last 7 or 8 years, the Hudson Valley Slow
Pitch Tournament, the Muscular Distrophy Softball Tournament
and the Heart Fund Softball Tournament.
Mr. Johnson further reported that in addition to Mr. Jensen's
comments on Tri -Municipal, he would like to add that the last
public participation meeting was last December and all the
Commissioners felt 'that there would certainly be more of these
meetings than there actually was, but the whole program has been
delayed about five months.
At the last meeting, Mr. Johnson asked for a clarification of
a voucher submitted by Frederick Clark Associates in the amount
of $150.00 for consulting services in connection with the revised
Zoning Ordinance. A letter had been sent to Mr. Portman requesting
this information which he returned with a copy of a letter written
to Mr. Diehl answering inquiries made by Mr. Diehl regarding
rezoning and other items relative to the Zoning Ordinance. This
opinion letter was evidently the clarification of the voucher.
MR. JOHNSON moved to transfer $150.00 from B1990.4 to B8020.4
to pay the Frederick Clark Associates voucher.
Seconded by Mrs. Mills
Motion Unanimously Carried
A memo was received from Mr. Ryan regarding a voucher from
Philip Stillerman, court stenographer who recorded the Public
Hearing on Central Wappinger Water Improvement Area 1A. Since
the District was not formed he questioned what account to take
this payment from.
az, 37
MR. JENSEN moved that Philip Stillerman's voucher in the amount
of $230.00 for services of court stenographer for the Public
Hearing on the Central Wappinger Water Improvement Area LA
be paid from Account ##A1010.4.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A Public Hearing having been held by the Town Board on Local Law
#7 of 1979, Setting Forth Local Fees for Purebred Licenses, the
matter was now placed before them for their consideration.
MR. JENSEN moved to adopt Local Law #7 of 1979 as follows:
BE IT ENACTED by the Town Board of the Town of Wappinger
as follows:
Section 1. In addition to any fee described by state
statute pursuant to Section 110, Subdivision 2 of the Agriculture
and Markets Law, there shall be an additional fee collected by
the Town Clerk as follows for any purebred license issued by the
Town Clerk:
No more than 10 dogs
No more than 25 dogs
More than 25 dogs
$10.00
15.00
20.00
Section 2. This local law shall take effect on October 1,
1979 or upon filing in the office of the Secretary of State if
such filing is made subsequent to October 1, 1979.
Seconded by: Mrs. Mills
Roll Call Vote: 5 Ayes 0 Nays
A Contract was received from Central Hudson for Cameli Acres
Lighting District which required the Supervisor's signature.
The following resolution was moved by COUNCILMAN JENSEN ,
seconded by Counwilwoman Reilly and duly carried.
WHEREAS, all agreements with the Central Hudson Gas & Electric
Corporation for lighting the streets and highways in the Cameli
Acres Lighting District has been terminated December 1, 1979 and,
WHEREAS, the Central Hudson Gas & Electric Corporation has
submitted a new agreement for lighting said streets and highways
subsequent to that date,
NOW, THEREFORE, BE IT RESOLVED that the new agreement dated
September 1, 1979 as submitted by the Central Hudson Gas & Electric
Corporation be and is hereby approved, and it is further
RESOLVED that Louis D. Diehl, Supervisor be and is hereby
authorized to execute said agreement on behalf of the Town of
Wappinger-Cameli Acres Lighting District.
The following letter was received from the Highway Superintendent:
October 10, 1979
Town Board, Town of Wappinger
Mill Street
Wappingers Falls, NY
Re: Bids for Sander
38
Dear Board Members:
On October 5th i received bids for a new sander, to be
mounted on an existing town truck, the results of which follows:
Jonmar Associates $2,998.00
Keil Equipment Company 4,013.25
John J. King of Monroe 4,592.00
Ralph C. Herman Company 5,347.00
The low bidder, Jonmar Associates, was rejected as not
meeting the specifications. The second low bidder, Keil
Equipment Company does not fully meet the specifications, yet
I feel their machine will adequately do the job. I therefore
recommend the bid be awarded to Keil Equipment Company for the
sum of $4,013.25.
Monies are available in the 1979 budget under line item
DR9550.9 to make this necessary purchase.
Very truly yours,
s/ William P. Horton
MR. JENSEN moved that the recommendations of the Highway
Superintendent be followed and the bid be awarded to the second
lowest bidder, Keil Equipment Company in the amount of $4,013.25
for the Highway Sanderi.•
Seconded by Mr. Johnson
Motion Unanimously Carried
The following resolution was moved by COUNCILMAN JENSEN who
moved its adoption:
WHEREAS, the Town Superintendent of Highways has been
requested to remove snow from County roads, and to sand or
otherwise treat them for the purpose of removing the danger
of ice and snow, by the Commissioner of Public Works of
Dutchess County, in accordance with Article 6, Section 135-2
of the Highway Law, now therefore be it
RESOLVED, that the Town Superintendent be and is herein
authorized to perform such work as is found necessary, at the
hourly rate as fixed by the State Commissioner of Transportation
for the renting and hiring of such equipment for the Winter
season 1979-1980.
Seconded by: Councilman Johnson
Roll Call Vote: 5 Ayes 0 Nays
Under Unfinished Business, Mr. Gregory Sarno had written to
Mr. Diehl, with a copy to Mrs. Snowden, requesting to be on the
Agenda on the resolution of the Dana Placa Drainage Problem.
He stated in his letter that he concurred with Messrs. Lapar and
Horton that the $40,000+ solution was the only way to permanently
resolve the problem.
C
The Board members had no immediate solution to the problem. Mr.
Johnson assured Mr. Sarno that the Town, through the Highway
Superintendent would keep a watch on the area and see that it is
safe. Mr. Sarno asked that the Highway truck the snow away as an
interim solution, but Mr. Horton did not have the extra equipment
to do this. Mrs. Mills asked Mr. Sarno if he felt that the snow
when piled up would affect the area in question. He answered yes,
it certainly did. Mrs. Mills felt that Mr. Horton would have to
keep looking at the situation and keep sanding it more frequently
if that is what it takes to make it safe.
A letter was received from Mr. & Mrs. Huang requesting consideration
on rezoning their property. Mr. Johnson felt they could take no
action on this matter at the present time, since the new Zoning
Ordinance was not in effect.
MR. JOHNSON moved to table this matter for a future meeting.
Seconded by Mr. Jensen
Motion Unanimously Carried
A letter was received from Mr. Porco of the Widmer Inn Restaurant
Corp. regarding refund of penalty charged on his taxes.
Mr. Diehl directed that this matter be tabled until the next
meeting in order that they could receive more information from the
principals.
Mr. Ryan had written a memo to the Board on changing the billing
cycle for the Rockingham Farms Sewer District which had been tabled
from a previous meeting. Mr. Diehl stated that he had not had a
chance to consider what Mr. Ryan is recommending.
MR. DIEHL moved to table this matter until the next meeting.
Seconded by Mr. Johnson
Motion Unanimously Carried
Under unfinished business, Mr. Johnson said a letter was received
from Mr. Gunderud stating that he had completed the inspection of
the Mid -Hudson Auto Wreckers and Mr. Shapiro was in full compliance
with the requirements set by the Board. Mrs. Snowden stated that
she had issued the license pursuant to the initial resolution of
the Town Board stating that once the Building Inspector was satisfied
39
40
that the requirements. had been met, the Town Clerk could issue
the license.
Mr. Johnson brought up another subject he had been pursuing for
the last two meetings, that of a street light to be installed at
Alpert Drive and All Angels Hill Road. Mrs. Snowden had not had a
reply from Central Hudson on this matter and said she would call
Mr. Cran's " office the following day.
Mr. Diehl announced that a Fall Pick -Up had been scheduled by
the Town and it would begin on October 22nd,1979 for the East Side
and October 29th for the West Side and it would be a complete pick-up.
All instructions would be published in the W&SD News next week.
The followrkng letter was received:
October 1, 1979
Town Board
Town of Wappingers Falls, N.Y.
Attention: Louis Diehl, Supervisor
Dear Supervisor:
As per your request, after the August 27, 1979 Public Hearing on
the 20 year bond issue which grosses out as approximately expendi-
ture of $550,000 over the life of the bond for improvements to the
Central Wappinger Water Improvement Area and Cranberry Area, I am
resubmitting the offer of Atlas Water Co. plan whereby the total
cost to the Town guaranteed would not exceed $12,500.
I repeat the method and plans I stated for the Court Stenographer
at the Hearing on August 27, 1979. Atlas Water Company will extend
for approximately 2500 ft. its 12" main from Hearthstone Drive to
Myers Corner Road where a meter pit containing a booster pump And
a differential recording meter will be installed. The 8" main to
be connected at the discharge of the booster pump and the Atlas
12" main on the inlet of the booster pump. Atlas Water Co. pressure
going in is an average 33 lbs. A booster pump, with an operating
range of 90 to 130 lbs., discharges the water compatible with the
Myers Corner pressure, an average of 110 lbs. The meter will be
read every 6 months to determine which water purveyor is the net
user of the water.
It is the intent of the Atlas Water Co. that the readings of the
water usage on the meter is strictly informational, since it is
Atlas Water Company's desire that we merely exchange water with
the CWWIA District #1 and not money.
#1. This will give immediately in the proposed Cranberry Area and
the existing CWWIA area an additional 1,800,000 GPD from Atlas
Water Co. if demanded.
402. It gives immediate protection to the existing Atlas Water Co.
customers the reserve quantity of approximately 500,000 gallons
for fire protection from CWWIA one million gallon tank at elevation
of 473 ft.
#3. CWWIA gains benefit of a recently installed 100 KW standby
emergency generator in case of power failure in the CWWIA Area
where the well seal and pump are located. There is no emergency
it
Qt. 41
generator presently installed at the CWWIA pump house.
$4. This generator feature alone does save the Town $30,000 -
$40,000 which you can substantiate by inquiry phone calls to any
reputable supplier of generators, such as Onan of New Jersey or
Freemont of Mamaroneck, N.Y.
I respectfully await the Board's action, particularly in view of
the fact the Town has had to allow the Village to supply water to
the Waldbaum Shopping Center because of the inability of CWWIA to
supply the quantity of water needed for the four million dollar
facility. The Atlas Water Company connection suggested herein above
or a direct run of the 12" main of approximately 2800 ft. to Wald-
baums would eliviate the need for the Village of Wappingers (system
is now being upgraded to supply Waldbaum) to get into the act on
Town property.
Respectfully yours,
s/ Fred J. Lafko - Partner
Atlas Water Company
Mr. Lafko had requested that this letter be a part of the minutes
of the meeting.
Mr. John MacDonald, being recognized by the Chair, spoke of a
document he had received from the Town Hall Office entitled,
"Negative Declaration of Environmental Significance". There were
a couple of things that were, he said, "odd about it", and he
wanted clarification. According to the signature, it was done
by Mr. Adams; there were 18 questions to be answered and except
for #17 and 18, they were all blank. Secondly, the reference is
to "Comprehensive Zoning and Land Use Regulations", he did not
think the Town of Wappinger ever had such a thing, he thought
the intent was the Zoning Ordinance, and the oddest thing of all
was that the date indicated it was prepared on July 13, 1979, but
was voted in by the Board on July 9, 1979. Those were the three
points he wished clarified.
kire Mr. Adams answered that the document in question, as brought out
by Mr. Incoronato, was submitted in error and the Town Board
the rescinded the entire document at a subsequent meeting. This
was erroneously included in enclosures that were sent to the
Town. It was now "after the fact" since the Board has authorized
a Draft EIS to be done on the Zoning Ordinance and the Negative
Declaration. Mr. MacDonald kept insisting on answers, why this
was done, but Mr. Diehl said the Attorney had answered everything
and the discussion was closed.
42
Under New Business, Mrs. Mills wished to bring up a subject for
the Board to consider ---that of objection to a landfill site in
the Town of Wappinger, which was being considered by the County
Executive. There was an article in the paper stating that she
was having a feasibility study done for a landfill at the airport.
Mrs. Mills felt that the County should not waste the taxpayer's
money to make a feasibility study on a site in this town; it would
be a bad mistake to put anything on the creek and environmentally
unsound for any material to be buried there. Mr. Diehl added that
he had had a call from the County Executive's office that day
inviting him to a meeting on October 18, 1979 at her office to
discuss Spring and Fall Pick-up for County and the landfill site
would be in the Town of Wappinger. He intended to be present at
this meeting and have a "head-on fight with the County Executive".
COUNCILWOMAN MILLS moved that the Town Board of the Town of
Wappinger go on record as objecting to any landfill site in the
Town of Wappinger.
Seconded by Mr. Johnson
Motion Unanimously Carried
MR. JOHNSON moved to inform the County Executive and the Department
of Health that the bale site located on airport property is uncovered
and causing possible pollution problems.
Seconded by Mrs. Mills
MRS. MILLS moved to adjourn the meeting, seconded by. Mr. Johnson
and unanimously carried.
The meeting adjourned at 9:05 P.M.
Elaine H. Snowden
Town Clerk
Reg. Mtg. 10/10/79