1979-04-09 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
APRIL 9, 1979
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. ACCEPT MINUTES
4. REPORTS OF OFFICERS
Town Justices Building & Zoning Adm. Receiver of Taxes
Highway Supt. Hydrant Report
5. RESOLUTIONS
a. DWS (Cranberry Hills) drainage fees & holding ponds
b. D.C. Office for the Aging - Agreement for Sr. Citizen Trans.
& authorize Supervisor to sign.
c. Bids for Sewer & Catch Basin Cleaner
d. Bond Resolution for purchase of Sewer & Catch Basin Cleaner
e. Request from Ryan for Transfer - Zng. Ord. Consultants
f. R. R. Lapar recommendation re: Manhole Raising Contract, release
of 5% year retainage
g. Shapiro Salvage Yard Lic. & resolution of Mid -Hudson Litigation
h. White Gate Apts. - No Parking Local Law
i. Vacancy on Conservation Advisory Council
j. No Parking or Standing - Marlorville Rd. Local Law
k. R. Petro Term expires on Recreation comm. 5-1-79
1. Request of Supervisor;for attendance at Seminar for Grants by
T. Logan 4-16-79
m. Chas J. Biuso vs; Jos. Landolfi, et al
6. PETITIONS & COMMUNICATIONS
a. Mr. & Mrs. J. E. MacDonald re: use of down stream drainage
funds to clear brook
b. Mr. J.W. Nolan re: New Hackensack Rd.
c. Steven Iovino re: Thorn Acres Drainage Problems
d. Notice of Public Hearing from Town of Poughkeepsie
e. S. Wallace request re: reimbursement for Roto -Rooter
f. Mrs. Chas. Miller request for Stop Sign on Smith Crossing Rd.
at tunnel
g. Mr. & Mrs. Marmillo request for refund on T/Water hookup permit
h. David Pesner, Attny representing Adams & Puretz demanding re-
payment. :of Sewer Taxes 1976-1979, and remedy of situation
to allow proper use of Sewer System.
i. Parking problem in Hughsonville along Rte 9D
j. Notice for improvements to Traffic Signals (T/W) from D. C. Dept.
of Public Works.
k. Communications from T/W Planning Board:
1. Realignment of Widmer Rd.
2. Town Recreation Sites
3. Recreational Use Zone
4. E.A.F. Parts I & II on RUD thank -you for, referral
1. Wm. P. Horton Report on Guillet Property
m. E. Hawksley re: assistance w/guidelines for the implementation
for S.E.Q.R.A.
n. R. E. Lapar Reports:
1. Infiltration -inflow Oakwood Sewer System
2. Reduction of Pressure Orchard Homes sect. CWN
o. Rezoning Petition - Ilardi - for Arthur Totten Property, Rte. 9
p. Barry Kaufman re: request for increase in allowance for reading
meters
7. COMMITTEE REPORTS
A. Petition from employees re; Change Of working hours
Agenda - April 9, 1979
Con't
7. B. Exchange of Holidays
8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
.1 0 4
The Regular Meeting of the Town Board of the Town of Wappinger
was held on April 9th, 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, Town Clerk
Others Present:
Jon Holden Adams, Attorney
Rudolph Lapar, Engineer to the Town
William Horton, Highway Superintendent
The Minutes of the Regular Meeting of March 12, 1979 and the Special
Meeting of March 14, 1979, having previously been sent to the Town
Board were now placed before them for their consideration.
Mr. Jensen asked that a correction be made in the March 14 minutes
on page 3, on the rate set for Watch Hill Water which should read
$1.00 for each 100 cubic feet, (minutes read $100.)
MRS. MILLS moved that the minutes of the Regular Meeting of March
12, 1979 and the Special Meeting of March 14, 1979, be and they are
hereby approved as submitted by the Town Clerk and the rate figure
be corrected on the minutes of March 14, 1979, as requested by Mr.
Jensen.
Seconded by Mr. Jensen
Motion Unanimously Carried
Reports for the month of March were received from Town Justices,
Building Inspector and Zoning Administrator, Receiver of Taxes
and the Hydrant Report from the Highway Superintendent.
MR. JOHNSON moved that the reports from the Building Inspector,
Zoning Administrator, Receiver of Taxes and Hydrant Report from the
Highway Superintendent ferthe month of March be accepted and placed
on file.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mr. Diehl recognized Mr. Pagones at this point, Wappinger County
Legislator and asked him to give a report of the meeting he had
attended that afternoon. A bond resolution for the Dutchess County
Fail was put before the Legislators as well as a contract for the
County Executive to sign. The contract consisted of about 17 pages
and more amendments were to be added to this, so they would not be
acting on either of these matters until the contract is finalized.
Another resolution dealing with take over of maintenance of bridges
in the County was sent back to committee. A resolution for a
study on a single County wide Tax Assessors' Office, was passed
by the Legislature, although Mr. Pagones voted negative.
Mr. Incoronato asked him about a County zoo, but this matter had
been put aside for the time being.
Mr. Jensen asked about the project on New Hackensack Road which
dealt with removal of trees on this road by the Dutchess County
Department of Public Works. This subject was also on the Agenda
tonight at the request of concerned citizens living there. The
reason this department gave for the removal of the trees was for
the safety of those driving the road ---Mr. Jensen felt that a
reduced speed limit, which the Town Board had requested for a
number of years, would be a more sensible method of providing
safety. Mr. Pagones felt a meeting would be in order with Mr.
Spratt, the Town Board and the Wappinger County Legislators and
thoroughly discuss the matter ---letters are not always a solution,
you cannot always express yourself in a letter. It was agreed that
a meeting would be set up as recommended by Mr. Pagones.
The following Resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
WHEREAS, D.W.S. Holding Corporation is engaged in the
development of a subdivision within the Town of Wappinger known
as the Cranberry Hills Development, and
WHEREAS, said developer has requested from the Town Board
clarification of its responsibilities under the town -wide downstream
drainage fees, and
WHEREAS, the Town Board has met with said developer for the
purpose of clarifying said requirements and for the purpose of
reviewing matters incidental to the same and to the development
of said Cranberry Hills and
WHEREAS, an agreement has been reached as to the imposition
of drainage fees, inspection fees, collection of the same, and
development of internal drainage within said development,
NOW, BE IT RESOLVED," that the Planning Board of the Town of
Wappinger shall incorporate the following conditions as part of
those conditions which must be fulfilled by the developer, said
) 4 4�
conditions to be included with such additional conditions as
imposed by the Planning Board and incorporated within the text
of the final plat should approval of said plat be granted by
the Planning Board:
1. The developer will pay a drainage fee of $100.00 per
lot.
2. The drainage fees will be paid by lump -sum payments of
50 percent of the fee due for the aggregate of all lots within
each phase of the planned eight phases of development and a
$50.00 fee for each building permit issued. The developer will
provide a map indicating the proposed eight phases of development
to the town, and the same will be utilized by the building inspector
in administering this provision. No building permits will be issued
in any phase of the development until the initial lump -sum payment
has been made for that phase.
3. The developer will have sole responsibility for main-
taining each pond during the first five years following construction
of each pond.
4. When the developer's responsibility for maintenance of the
holding ponds ceases or otherwise fails, the homeowner's associa-
tion will assume such obligation. The town will not have the
responsibility for maintenance of the holding ponds..
5. The town engineer will establish maintenance requirements
for the holding ponds which will be binding upon both the developer
and the homeowner's association. The town will retain authority
to revise the maintenance schedules as necessary. Such initial
maintenance requirements are appended hereto as Schedule "A".
6. The homeowner's association will have the authority to
assess owners for their proportionate share of the maintenance
and other costs. In the event the homeowner's association fails
to maintain the ponds in a proper manner, and upon due notice,
the town may assume such responsibility and bill the costs to the
homeowner's association. Upon non-payment of that bill, the sum
so billed will be levied among members in the form of taxes.
7. The developer will provide the town engineer with a
construction schedule.
8. The town engineer will develop a schedule of payment of
inspection fees, the same to be corrolated to the actual require-
ments of inspection.
BE IT FURTHER RESOLVED that the foregoing conditions shall
be binding upon the successors and assigns of the aforesaid developer.
SCHEDULE A
MINIMUM REQUIREMENTS FOR THE MAINTENANCE
OF HOLDING PONDS
AT CRANBERRY HILLS (DWS) SUBDIVISION
The following elements must be followed:
1. Mowing: Once or twice a year to eliminate fire hazards
and to prevent an attractive nuisance.
2. Clearance of Discharge Structure: The Developer or
Homeowner's Association must be responsible
for the clearance of the outlet (discharge)
structure at all times. It should be noted
that the most critical time is usually the
first flush during a storm when debris could
easily clog the outlet structure.
1045
3. Removal of Accumulated Sediment: Accumulated sediment
should be removed yearly or whenever a large
amount of sediment diminishes the capacity
of the holding pond.
It should be understood that these storage
ponds have the expressed purpose of holding
flood waters and discharging them at such a
rate so as not to tax downstream facilities.
Therefore, sediment should not impair this
function.
f. It is also understood, that the required repair to the
outlet structure and the holding pond itself, will be
the responsibility of the Developer and the Homeowner's
Association.
Seconded by Councilwoman Reilly
Roll Call Vote:
Councilman Jensen Aye
Councilman Johnson Aye
Councilwoman Reilly Aye
Councilwoman Mills Nay
Supervisor Diehl Aye
Resolution Duly Adopted
The following Resolution was c fered by COUNCIL UENSEN.who
moved its adoption:
WHEREAS, by Resolution No. 309 of 1976, the Dutchess County
Legislature has authorized the establishment of a Transportation
System for Senior Citizens to serve the six (6) municipalities
of Hyde Park, Fishkill, East Fishkill, Wappinger, Poughkeepsie
and the City of Poughkeepsie, and
WHEREAS, the Town has agreed in a resolution which has passed
by the Town Board on April 9, 1979, to participate in the support
to the program not to exceed $7,900.00 and
WHEREAS, the County of Dutchess has entered into an agreement
with the Alamo Wheel Chair Transportation Service, Incorporated to
provide a Transportation System for Senior Citizens according to
specifications contained in said Agreement which is annexed hereto
and marked Exhibit "B" for the sum of $129,321.00 excluding the
cost of gasoline,
NOW, THEREFORE, it is mutually agreed by and between the
parties as follows:
1. The County will administer the Transportation System for
Senior Citizens and enforce the specifications for service to
the Town as contained in the Agreement between the County and
the Alamo Wheel Chair Transportation Services, Inc., which is
attached hereto and marked Exhibit "B".
2. The County will, pursuant to County Resolution No. 309
of 1976, appoint a representative of the Town as a member of the
Interim Transportation Advisory Board which will review the
operation of the system to ensure its responsiveness to the needs
of the senior citizens of the town being serviced.
ro4 6
3. The Town will pay to the County, pursuant to signed vouchers
submitted to the Town $1,695.00 at time of execution of Agreement
and $565.00 per month thereafter plus a mileage charge for the cost
of gasoline used by vehicles servicing the Town for each thirty
(30) day period. A schedule of collections is attached hereto and
marked Exhibit "A". Payments by the Town will not exceed $7,900.00
during the period of this Agreement.
4. This Agreement will be effective as of January 1, 1979, for
a period of twelve (12) months.
Seconded by Councilwoman Mills
khe Roll Call Vote: 5 Ayes 0 Nays
MR. JENSEN moved that the Supervisor be authorized to sign said
contract.
Seconded by Mrs. Mills
Motion Unanimously Carried
The following letter was received from Mr. Horton:
March 28, 1979
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Bids -Sewer and Catch Basin.Cleaner
Dear Board Members:
Bids were opened March 21st for a combination Sewer and
Catch Basin cleaner. The results of the bids are as follows:
Clark Municipal Equipment
Timberland Machines, Inc.
Bahr Sales & Service
$49,447.00
69,996.00
76,748.00
Clark Municipal Equipment and Timberland Machines, Inc.
demonstrated their machines,here in the town under similar
conditions. While Clark's machine appeared fully capable of
handling the sanitary sewer cleaning problems, it did not have
sufficient lift to clean catch basins.
I would, therefore, recommend the town accept the bid of
Timberland Machines, Inc. for the Vactor Jet Rodder Model 810
at the bid price of $69,996.00.
I would further ask that the board make this award as soon
as possible as a machine is presently available for immediate
delivery.
Very truly yours,
s/ William P. Horton
MR. JOHNSON moved to award the bid to Timberland Machines Inc.
in the amount of $69,996.00 for a combination Sewer and Catch
Basin Cleaner, as recommended by Mr. Horton.
Seconded by Mrs. Mills
1 0 4 7
Before the vote was taken, Mr. Incoronato, being recognized by
the Chair asked how this was funded, what budget did it come out
of. Mr. Jensen replied that it would be bonded and he would like
the fact added to the motion that this combination sewer and catch
basin cleaner was not only meant for storm sewers but also for
sanitary sewers.
Mr. Adams asked that this matter be tabled until the next meeting
as he wanted to review the bid forms since the Board was not
accepting the lowest bid. Mr. Johnson then asked if he could
review it this evening since it might present a problem to the
Highway Superintendent if it was not acted on tonight. It was
decided that the Board would temporarily table this action until
later in the meeting. Mr. Johnson then withdrew his motion and
Mrs. Mills withdrew her second to the motion.
A request for a transfer was received from Mr. Ryan in order to
pay a voucher from Frederick P. Clark Associates that had not been
provided for in the 1979 Budget. The transfer was for $300.00
from B1990.4 Contingency to B8020.4 Planning. This voucher was
for the consulting fee for the proposed zoning ordinance .
MR. JOHNSON moved to approve the transfer as requested by Mr.
Ryan in the amount of $300.00 from B1990.4 Contingency to B8020.4
Planning.
Seconded by Mrs. Reilly
Motion Unanimously Carried
The following letter was received:
March 30, 1979
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, NY
Re: Manhole Raising Contract
Release of 5% Retainage
Dear Board Members:
Enclosed please find a voucher from B&D Excavating for the amount
of $973.75. This office recommends that these monies be released
since the one year period of retention has been completed.
This office has checked with the Town Highway Superintendent to
see if there were any problems created by this contract to Town
roads. Mr. Horton informed us that there were no problems.
Thank you,
Very truly yours, s/ Rudolph Lapar
1048
MR. JENSEN moved that the 5% retainage fee on the Manhole Raising
Contract be released to B&D Excavating in the amount of $973.75,
as per recommendations of the Engineer and the Highway Superinten-
dent.
Seconded by Mrs. Reilly
Motion Unanimously Carried
The following Resolution was offered by CCUNCTLMAN JENSEN who
moved its adoption:
WHEREAS, Mid -Hudson Auto Wreckers, Inc. has applied for a
license pursuant to an ordinance of the Town of Wappinger requiring
licensing of the activities and businesses of dealers in used auto
parts and
WHEREAS, pursuant to the provisions -of Town Law section 137,
the Mid -Hudson Auto Wreckers, Inc. applied, to the Town Board for a
hearing to review the denial of its application for a license and
WHEREAS, public hearings were conducted by the Town Board of
toe Town of Wappinger on several evenings and
WHEREAS, after receiving all the evidence offered for and
against the issuance of said license and after due deliberation
thereon,
BE IT RESOLVED that the application for a license by Mid -
Hudson Auto Wreckers, Inc. is granted subject to its observance
of the following conditions:
1. No used vehicles of any description or other items of
any description shall be stored by the applicant within
50 feet of any property line of the adjacent property
owner Victor Chain.
2. The applicant shall provide and install permanent markers
to designate, with respect to the adjacent property of
Victor Chain, the 50 foot line beyond which no storage
activities will be permitted.
3. No stacking of cars will be permitted except that
stacking necessary for crushing of vehicles, and in
such instance, stacking shall not continue for more
than 15 days.
4. Fire lanes shall be provided and maintained in accordance
with the provision of the ordinance regulating used parts
dealers, said fire lanes to be designated and maintenance
standards to be provided by the Building Inspector and
Zoning Administrator of the Town of Wappinger.
5. The applicant shall give notice to the Zoning Administrator
as to those dates when cars are being crushed as soon as
it receives notice from the company performing crushing
operations of the dates the same will be performed.
6. All crushing operations are to be undertaken in such
a manner as not to annoy adjacent property owners and
residents.
7. Any automobiles, trucks, debris, or any other items of
any description presently being stored within 50 feet
of the Chain boundary line shall be removed.
8. That the applicant shall continually maintain and
improve the evergreen growth along the property line of
the adjacent property of Chain and take those steps to
1049
promote the growth of evergreens so as to provide a
natural screening along said line.
9. A chain link fence along the property line of Victor
Chain shall be permitted to remain as situated.
BE IT FURTHER RESOLVED that all the conditions heretofore
specified shall be binding upon the applicant, its successors
and assigns during 1978 and during the subsequent periods for
which a license is obtained by it, and
BE IT FURTHER RESOLVED that the conditions heretofore
specified shall be complied with no later than July 1st, 1979, and
BE IT FURTHER RESOLVED that the applicant shall conform its
conduct within those standards specified by all local laws and
ordinances of the Town of Wappinger, and
BE IT FURTHER RESOLVED that the Town Clerk shall issue a
license to the applicant for a period of one year retroactive to
the date of his application for a license upon being notified
by the Zoning Administrator that the conditions hereto set forth
have been complied with.
Seconded by Mrs. Mills
Roll Call Vote: 5 Ayes 0 Nays
A Public Hearing, having been duly held by the Town Board of the
Town of Wappinger on a Local Law prohibiting Parking or Standing
by any Motor Vehicle in Marked Fire Lanes Maintained by the White
Gates Apartments, the matter was now placed before the Board for
their recommendation.
MR. JENSEN moved to adopt Local Law No. 2 of 1979, Prohibiting
Parking or Standing by any Motor Vehicle in Marked Fire Lanes
Maintained by White Gate Apartments, as follows:
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 within those parking
areas and driveways maintained by White Gate Apartments, its
successors or assigns.
Section 2. It shall be the responsibility of the owner of
White Gate Apartments, its successors or assigns to construct and
maintain signs and other markings appropriate to identify fire
lanes 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. Fire Lanes shall be located
in those areas designated by the Fire Chief in whose jurisdiction
it lies.
Section 3. Any motor vehicle found standing or parked
within an area designated as a fire lane 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.
4.0
1 0u u
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 Law.
Seconded by Mr. Johnson
Roll Call Vote: 5 Ayes 0 Nays
A vacancy still existed on the Wappinger Conservation Advisory
Council, but since the Board had no names to offer for appoint-
ment, this matter was tabled until the next meeting.
At the request of Mr. Diehl, a draft of a Local Law Limiting
Parking and Standing on Marlorville Road had been submitted by
Mr. Horton, Highway Superintendent. There were residents from
the area present at the meeting and they wished to comment on
the proposed local law.
Mr. Robert Conklin disagreed with the 200 feet limitation on no
parking, he felt it should include the entire road.
Mr. Smith wanted the law to read no parking on either side of the
street.
Steve Christie thought the law should prohibit standing for 200
feet and no parking on the entire road.
Mr. Johnson also felt that no standing should be taken out of the
law.
The following Local Law was introduced by COUNCILMAN JENSEN:
A LOCAL LAW LIMITING PARKING
OF VEHICLES ON CERTAIN STREETS
IN THE TOWN OF WAPPINGER
BE IT ENACTED by the Town Board of the Town of Wappinger
as follows:
Section 1: No vehicle shall park and no person shall cause
a vehicle to park on the following street of the Town:
Beginning at the intersection of Route 9D and
Marlorville Road and proceeding westerly along
said Marlorville Road for a distance of 200 feet+
on both sides.
Section II: Anyone who shall violate any provision of
this local law shall upon conviction, be subject to a fine not
to exceed Twenty -Five ($25.00) Dollars, as determined by the
Court.
Section III: This Local Law shall take effect immediately
following filing with the Secretary of State.
The following resolution was introduced by SUPERVISOR DIEHL
who moved its adoption:
WHEREAS, there has been duly presented and introduced
at the regular meeting of the Town Board on the 9th day of
April, 1979, a proposed Local Law limiting parking of vehicles
on certain streets in the Town of Wappinger 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 shall be held on the said
proposed Local Law by theTown Board of the Town of Wappinger
on the 23rd day of April, 1979 at 6:50 P.M. on such day at
Town Hall, Mill Street, in the Village of Wappingers Falls,
Dutchess County, New York.
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
Mr. Jensen asked those present if they were interested in
lowering the speed limit on Marlorville Road, to make this
known to the Town Board by presenting a petition to the Town
Clerk requesting that they take the necessary steps to have
the speed limit lowered. They would then take further action
as they have done in other instances when it was refused the
first time.
The following resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
RESOLVED, that Ronald Petro be and he is hereby appointed
to fill the vacancy on the Recreation Commission of the Town of
Wappinger which has occurred by reason of the expiration of his
term, and it is further
RESOLVED, that the said Ronald Petro is hereby appointed
to the said Recreation Commission for a term which shall expire
on the 1st day of May 1984.
Seconded by Councilwoman Reilly
Roll Call Vote: 5 Ayes 0 Nays
A memo was received from Mr. Diehl recommending that Thomas Logan,
Assessor, be appointed as a special representative of the Town to
attend a seminar in New York City on April 16, 1979 on "How to
Get Government Grants".
1058
MR. JOHNSON moved that Mr. Logan be appointed as special repre-
sentative of the Town to attend a Seminar in New York City on
April 16, 1979 on "How to Get Government Grants" at Town expense,
and this would be an exception to the Town policy of one seminar
per person per year.
Seconded by Mrs. Mills
Motion Unanimously Carried
In the matter of an action against the Town of Wappinger, namely
Charles J. Biuoso, Stuart Buchalter and Hans Weber against the
Zoning Board of Appeals and the Town of Wappinger, Mr. Adams
presented a proposed stipulation of settlement to the Board for
their consideration. This involved an interpretation of the
Zoning Board of Appeals determining that a health club facility,
restaurant -lounge and retail sportswear sales are permitted uses
and a sports facility is a permitted accessory use to the health
club facility.
Mr. Jensen stated that the Article %8 action was academic at
this point since the principal had withdrawn his application.
MR. JENSEN moved that the Attorney to the Town be authorized to
settle said suit with the statement that the Zoning Board of
Appeal's ruling was one of advisory capacity, not in any way
binding, merely an interpretation.
Seconded by Mr. Johnson
Motion Unanimously Carried
Bids were advertized for Sludge Removal from Sewer Treatment
Plants and Chemical.Purchases for the Water and Sewer Plants
and opened on April 6, 1979. One bid was received on Sludge
Removal from Lafko Associates Cal $21.75/1000 gallons, Total Cost,
$6,525.00. One bid was received on Chemical Purchases from.
Jones Chemicals, Inc. Total Cost $13,725.16.
Mr. Johnson noted that even though only one bid was received
they were lower than last year.
MR. JOHNSON moved to award the bid for Chemical Purchases to
Jones Chemicals, Inc. at a total cost of $13,725.16.
Seconded by Mr. Jensen
Motion Unanimously Carried
,0 3
MR. JOHNSON moved to award the bid for Sludge Removal to
Lafko Associates @ $21.75 per 1,000 gallons, Total Cost $6,525.00.
Seconded by Mrs. Mills
Motion Unanimously Carried
The following Ordinance was introduced by COUNCILMAN JENSEN:
ORDINANCE LIMITING HOURS OF
OPERATION OF JUNKYARDS
BE IT ORDAINED by the Town Board of the Town of Wappinger
as follows:
Section
a "junkyard"
set forth in
2.
1. Definitions. Fore the purpose of this section,
shall have the same definition and meaning as that
the General Municipal Law Section 136, Subdivision
Section 2. The hours of operation of any junkyard within
the Town of Wappinger shall be limited to those hours commencing
at 7 am in the morning and ending at 7 pm in the evening.
Section 3. Penalties and Violations. Violators of any
portion of this ordinance shall be guilty of an offense punish-
able by a fine for the first offense not exceeding $50.00, for
the second offense, not exceeding $100.00 and for the third
offense, not exceeding $250.00. In addition thereto, the
Town Board, in its discretion, after due notice and opportunity
for a hearing, may terminate any license previously issued to
any junkyard found guilty of three offenses within eighteen
months.
Section 4. Effective Date. This ordinance shall become
effective upon filing potting and publication as prescribed
by Article 9 of the Town Law.
MR. JENSEN moved to set aPublic Hearing on the Ordinance Limiting
Hours of Operation of Junkyards, on April 23rd, 1979, at 7:00 P.M.
at Town Hall, Mill Street, Village of Wappingers Falls, at which
time all interested persons would be heard.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Adams had reviewed the bid on the combination Sewer and
Catch Basin Cleaner for the Highway Department with Mr. Horton
and it was his recommendation that the low bid submitted by
Clark Equipment be rejected for the following reasons: 1. the
legal advertisement required that all bids be submitted on forms
provided by the Town Clerk in conformity with bidding forms and
specifications, this was not. Also the low bid failed to meet
the following specifications: the body holding the debris
1 06 tt
was required to hold 8 cubic yards, the low bid only has
provision for 3.5 cubic yards, 2. under the specifications the
control for the piping for the cleaning were to be located in the
front of the truck, the low bid has controls for the piping in
the rear. There was provision in the specs for the successful
bidder to train one employee at the Town of Wappinger Highway
Department, there was no provision in the low bid for this
training. There, were other deviations, but these were the
major ones. The low bid must first be rejected and a motion
made to accept the new low bid.
MR. JENSEN moved to reject the low bidder of the combination
Sewer and Catch Basin Cleaner for the Highway Department based
on the previous statements. of the Attorney and verification of
the Highway Superintendent.
Seconded by Mrs. Reilly
Motion Unanimously Carried
MR. JOHNSON moved to award the now low bidder, Timberland
Machines, Inc. for the combination Sewer and Catch Basin Cleaner
for the Highway Department at a total cost of $69,996.00 which
would be used for both storm and sanitary sewers throughout the
Town.
Seconded by Mrs. Milts
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN JENSEN,
who moved its adoption:
A RESOLUTION AUTHORIZING THE ISSUANCE
OF $71,000 SERIAL BONDS OF THE TOWN OF
WAPPINGER, DUTCHESS COUNTY, NEW YORK,
TO PAY THE COST OF THE PURCHASE OF
EQUIPMENT FOR USE BY THE HIGHWAY
.DEPARTMENT OF SAID TOWN.
BE IT RESOLVED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. The specific object or purpose for which
the serial bonds of the Town of Wappinger, Dutchess County,
New York, are herein authorized to be issued is the purchase
of a sewer and catch basin cleaner truck to be used in
connection with the operations of the Highway Department of
said Town.
3.00 5 5
Section 2. The maximum estimated cost of such specific
object or purpose, including incidental expenses to be incurred
in connection therewith, is $71,000, and the plan for the
financing thereof is by the issuance of $71,000 serial bonds of
said Town, hereby authorized to be issued pursuant to the Local
Finance Law.
Section 3. Such bonds may be sold, at the discretion of
theSupervisor, in the form of a statutory installment bond and
all other matters except as provided herein relating to said
statutory installment bond including the date, maturities
and interest payments within the limitations prescribed herein,
and the manner of execution of the same shall be determined
by the Supervisor, the chief fiscal officer of such Town.
Such bonds shall contain substantially the recital of validity
clause provided for in Section 52.00 of the Local Finance Law
and shall otherwise be in such form and contain such recitals
in addition to those required by Section 51.00 of the Local
Finance Law, as the Supervisor shall determine consistent with
the provisions of the Local Finance Law.
Section 4. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is fifteen years pursuant to subdivision 28 of paragraph 2 of
Section 11.00 of the Local Finance Law. It is hereby further
determined that the maximum maturity of the serial bonds herein
authorized will not exceed five years.
Section 5. The faith and credit of said Town of Wappinger,
Dutchess County, New York, are hereby irrevocably pledged to
the payment of the principal of and interest on such bonds
as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such bonds becoming due and payable
in such year. There shall annually be levied on all the taxable
real property in said Town a tax sufficient to pay the principal
of and interest on such bonds as the same become due and payable.
Section 6. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale
of the serial bonds herein authorized, including renewals of
such notes, is hereby delegated to the Supervisor, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed
by said Supervisor, consistent with the provisions of the Local
Finance Law.
Section 7. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or
purpose for which said Town is not authorized to
expend money, or
2) The provisions of law which should be complied with
at the date of publication of this resolution are
not substantially complied with,
and an action, suit or proceeding contesting such validity
is commenced within twenty days after the date of publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 8. This resolution, which takes effect immediately,
shall be published in full in the W&SD News, the official
newspaper, together with a notice of the Town Clerk in sub-
stantially the form provided in Section 81.00 of the Local
Finance Law.
Seconded by: Councilwoman Reilly
Roll Call Vote: 5 Ayes 0 Nays
0 5 6
MR. DIEHL moved that the Attorney to the Town be directed to
prepare a Flood Damage Prevention Ordinance to comply with the
Federal regulations as presented to the Town.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mx. & Mrs. John MacDonald had requested to be on the Agenda
regarding the expenditure of downstream drainage funds to clean,
kwe widen and deepen streams running through their property.
The following letter was read:
April 1, 1979
Dear Town Board Members:
Our property is situated one thousand feet north of Myers Corners
Road, East of Ketcham High School. About four acres are located
between two streams. About six acres are being washed away with
flood waters.
Stream A runs in front of Ketcham,High School. In 1958 this
stream was small. It formed a small pond east of the Ketcham -
MacDonald line, It was about 40 feet in diameter and about one
foot deep. The neighborhood children ice skated on it. You
could not see an inlet or outlet. Bush roots and trees were
growing. You see there had not been enough water flow during
the fall and winter to create an iced inlet or outlet. All
children ice skate down a stream if it is possible. There was
not any water in the stream bed. WHY? because land south of
MacDonald, Ketcham land was holding water from rainfall in cracks,
crevices and swampy areas. We know this because we rode horseback
all through stream bed areas.
As the developments at Lake Oniad, Spook Hill Road, Primrose Hill
and Kent Ridge were developed this pond has a width of 200 feet.
The force of the water is so strong that it is taking soil from
my acreage and uprooting 80 ft trees. After Spook Hill Dev.
water was nearing the foundation of my garage and the foundation
of my barn.
During the developing of Primrose Hill I went to the Town Planning
Board and asked for assistance in cleaning, dredging, and widening
the stream to carry the water. Mr. LaParr agreed with me at this
time that the Town should assist in this.
the With the drainage from Kent Ridge Spook Hill, Primrose Hill, and
Ketcham, an unbelievable flood was created during this past winter.
This flooding was inspected by Mr. Louis Diehl, Mr. Rudy LaParr,
Mr. Nicholas Johnson and Mr. Victor Fanuele. This flooding occurred
four times, each time washing soil away, uprooting trees, nearing
my garage and barn foundations. The water rises a foot above the
bridge. The bridge was built by a civil engineer in 1959. It is
going to be washed away. If this happens the fire truck will not
have a way to get through to the land north of the stream.
Stream runs down from Lake Oniad under Myers Corners Road and it
drains all of the houses from that area. The water has become so
high it reaches the foundation of our goat house. It floods most
of the land east and north of the goat house and barn. There is
so much water now that it floods and runs continuously for a week.
The Sailor land is drained in to the Lake Oniad which is more water
on to our land. The Town storm drainage is piped on to our land.
1057
These streams could be dredged, cleaned, and widened and the
water moved on to the Wappingers Creek. We would like to ask
you to assist us in this using the do .nstream drainage monies
which you collected from each building lot. I believe it was
$300 per lot.
You have approved the plans which permitted developers to take
water from its natural storage areas and moved it onto our land
in violation of your own laws which were designed to protect
taxpayers living downstream from the developments which you
approve. The Land Subdivision Regulations approved by the Town
Board on June 8, 1961, state:
The Town's engineer shall also study the effect of each
subdivision on existing downstream drainage facilities
outside the area of the subdivision. When it is anticipated
that the additional runoff incident to the development of
the subdivision will overload an existing downstream drainage
facility during a 20 year storm, the Planning Board shall
notify the Town Board of such potential condition. In such
case, the Planning Board shall not approve the subdivision
until provision has been made for the improvement of said
potential condition.
The recent heavy rains have not even approached a 20 year storm,
yet. The abundant visual proof that the facilities which you
approved cannot haAdle even these ordinary storms makes it obvious
that the Town Engineer, the Planning Board, and the Town Board
are all in violation of the law.
The mistake has been made. The developers' plans were illegally
approved. This is not the time and place to assign individual
legal liability. But this is the place to take corrective action.
The high school has been able to cope with your irresponsibility
because the school authorities have unlimited taxpayers' funds
at their disposal. They have widened, deepened, and straightened
Stream A. Now it does not run out of its banks as it passes
through the school property.
You made the mistake, but you can fix it. You collected so-called
downstream drainage fees from each of these developers. All you
have to do is take the money and spend some of it for the purpose
for which it was collected. Is there anything hard about that?
Yours truly,
s/ Mr. & Mrs. John MacDonald, Jr.
April 1, 1979
Mx. Jon Holden Adams
Corbally, Gartland, and Rappleyea
Dear Mr. Adams:
We have your letter of January 10 , 1979, to the Wappinger Town
Board, and stand in amazement. Is it really possible that the
Tpwn Attorney is unaware of the Land Subdivision Regulations
adopted by the Town Board on June 8, 1961? This law states:
The Town's engineer shall also study the effect of each
subdivision on the existing downstream drainage facilities
outside the area of the subdivision. When it is anticipated
that the additional runoff incident to the development of
the subdivision will overlaod an existing downstream drainage
facility during a 20 year storm, the Planning Board shall
notify the Town Board of such potential condition. In such
case, the Planning Board shall not approve the subdivision
until provision has been made for the improvement of said
potential condition.
1058
There has been _nothing approaching a 20 year storm since the
developments wereput in upstream from out property. Since the
stream in its present condition cannot even begin to handle
the newly created runoff during ordinary storms, neither you
nor I need additional proof that the facilities are in violation
of town law.
I consider your claim that the "drainage difficulties are not
attributable to any collection and channeling of waters by the
Town of Wappinger" to be irresponsible in the extreme.
We have a set of photos which you may view at our mutual- convenience.
Photo No. 1 shows the twin 4 foot pipes installed recently under
the town road known as Spook Hill Road. These pipes replaced a
single 2 foot pipe which was adequate to the task for many, many
years. The twin 4 foot pipes were put in to empty the swamp
now known as Spook Hill Estates.
Photo No. 2 shows one of several 2 foot pipes installed under
Spook Hill Road in order to drain the storm sewers on Reggie Lane
into the stream which is flooding us.
Would you have the public believe that drains can be installed
under town roads by anyone who wishes to do so?
Photo No. 3 shows the beginning of a long underground drainage
system which has rechanneled the offending stream. Photo No. 3
was taken in a natural drainage bowl at House No. 22 at Primrose
Hills. The stream disappears at this point into twin 4 foot pipes.
The photoshows clearly the tremendous amount of fill which was
brought into the natural swampy. basin. This underground tunnel
accepts storm basin water from major portions of the roads of
Primrose Hill. These storm basins must be town property since
Town Road crews have been observed learing debris away from them
during stormy periods.
As if all this were not enough, Photo No. 4 shows the electric
pump Lift Station installed along Roberts Road some 200-300 feet
from House No. 22. Mr. Adams, when one lifts, be it water, sewage,
or whatever, one is fighting gravity, is he not? One is re -
channeling, is he not?
Photo No. 5 shows the emergence of the stream from its underground
course. Town Road personnel found it necessary to pour cement
around the pipes in order to reduce erosion caused by the tremendous
force of water emerging from the natural basin at House No. 22. If
this is not Town channeling of water, why were Town employees doing
the repair?
In summary, Mr. Adams, you have ignored the Towns laws, and you
have ignored simple physical facts such as lift stations, storm
sewers maintained by the town, and the installation of drainage
pipes under town roads. You and your firm must be held responsible
160 for your recklessness.
Yours truly,
s/ Mr.&Mrs. John MacDonald, Jr.
April 8, 1979
Mr. Louis Diehl, Supervisor
Town of Wappinger
Dear Mr. Diehl:
We have your letter of February 15, 1979. Two points demand a
response.
First, you assert that "approval by the town of developments does
not create any liability on the part of the town for difficulties
resulting from drainage problems which you attribute to those
105a
developments".
Mr. Diehl, is this the answer you gave to the residents of
Wappinger Park when they were flooded out? No, sir, it is not.
For those people, you even initiated a bond issue for flood
relief. As you recall, in those days there was no downstream
drainage kitty built up.
Mr. Diehl, is this the answer you gave to residents south of
Middlebush Road opposite the junior high school? No, sir, it
is not. You helped those people. You stood up to your respon-
sibility.
Why would you treat the MacDonalds differently? Why would you
discriminate against us? I am asking you a direct question and
I expect a direct response.
Secondly, your letter tells us that the Town Attorney notes
"that the functions performed by the town are of a governmental
nature which affords the town immunity from liability for such
activities".
Would you and the Town Attorney then please explain the suit brought
against the Town of Wappinger by Imperial Towers to force an
extension of Dorothy Heights? Would you and the Town Attorney
then please explain the suit brought against the Town of Wappinger
by the school district to force reduction of the exorbitant sewer
taxes?
No, Mr. Diehl, No, Mr. Rappleyea, the town does not have immunity
for its actions and its inactions. It is true that government is
immune in China Russia and Cuba, but, thank God, not yet in the
United States.
Yours truly,
s/ John E. MacDonald, Jr.
Mr. Jensen commented that he recalled this particular piece of
property being discussed by Mr. MacDonald at a public hearing on
Wappinger Sewer Improvement #1. At that time he objected to paying
the benefit assessment on this Improvement Area due to the fact that
a good portion of the property was swampy and not buildable.
Mr. MacDonald admitted that there was swampy area to the east of
the stream referred to in his correspondence. The problems he
was having were all new, he claimed, they never happened before:
He claimed this could be alleviated by the expenditure of $1,500.00
to widen the stream, as Ketcham High School had done, and felt this
to be a nominal amount for the Town to spend out of downstream
drainage.
Mr. Adams wished to note for the record that a law suit was
brought against the Town on a similar nature, it went to trial by
jury and the jury dismissed the suit.
Mr. MacDonald kept insisting that the Town took care of the
drainage at Wappingers Park by a bonding resolution, also, they
took care of those on Middlebush Road, why not him, he's not a
1060
second class citizen. There's only two votes involved, but they
pay their taxes, lived here for twenty five years, and they did
not create the problem. He felt very strongly that the.Town
should take care of it.
Mrs. MacDonald then addressed her remarks to Mr. Lapar and asked
for his comments. Mr. Lapar remarked that this Board and previous
Boards had studied downstream drainage, came up with policies and
they were endeavoring to alleviate the problems that always arose
when subdivisions were put in. Mrs. MacDonald then claimed that
the developers of the Primrose subdivision told her that the Town
Engineer instructed them to channel the water out of the swamp;
empty the swamp, bring it down to the MacDonald's land. She then
accused Mr. Lapar of being responsible for this whole matter.
Mr. Lapar reiterated that this was untrue, it was utter nonsense
and ridiculous.
Mr. Diehl, at this point, interrupted Mrs. MacDonald's accusations,
and informed her that the Board was now informed of the situation,
had listened to their story, and would look into the matter. They
will all review it, but no action will be considered at this
meeting.
A letter was received from Mr. J. Wesley Nolan, New Hackensack
Road expressing his concern over the proposed removal of trees
along the shoulders of this road. Mr. Spratt, Commissioner of
Dutchess County Public Works wrote to Mr. Diehl on this subject
explaining that the project is a maintenance -type project consisting
of widening the shoulders along the highway where ever it is feasible,
kme not to be consistent but they intended to establish an average
six foot shoulder width along each side of the existing pavement.
kbe He defended the County's position in refusing the requested
reduction of the speed limit on this road explaining that they go
by the minimum requirements set in the New York State Manual for
Uniform Traffic Control Devices. Mr. Jensen requested that a
copy of this letter be sent to Mr. Nolan.
MR. DIEHL moved that they again request the New York State
Department of Transportation to reduce the speed limit on New
Hackensack Road to 40 MPH, in conjunction with the Dutchess County
0 6 1
Department of Public Works.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Johnson requested that Mx. Diehl set up a meeting with Mr.
Spratt, Wappinger County Legislators and the Town Doard on
April 30, 1979 at 4:30 P.M. to further discuss this matter
with him.
Mr. Stephen Iovino and residents of the Thorn Acre Development
were present to speak to the Board on water problems. The flow
of water coming from higher grounds and flowing through effected
properties and resulting damage was their complaint. Mr. Iovino
was the spokesman and claimed the streets were improperly graded.
There were four residences effected by ice conditions in the
winter to the extent that school busses were notable to enter
the development. He requested that the Board visit the site and
see for themselves. It is also a health hazard as the septics
were backing up.
Mr. Horton had been contacted and had spoken to Mrs. Iovino
and he intended to look into this matter.
MR. DIEHL moved that Mr. Horton and Mr. Lapar investigate this
situation and report back to the Town Board with their findings.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Notice of Public Hearing was received from the Town of
Poughkeepsie on an amendment to the Zoning Ordinance.
MR. JOHNSON moved to receive this notice and place it on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
A request was received from S. Wallace, Robert Lane, in Oakwood
Knolls for reimbursement of a bill for a roto -rooter in the
amount of $66.15. According to Mr. Wallace, there was a blockage
in the Town sewer in the street and it backed up into his sewer
line.
106,2
Mr. Diehl explained that Camo Pollution Control was present
at the time of this incident and felt a report was due from
them to clarify the validity of this claim.
MR. JENSEN moved to request Camo Pollution Control to give a
recommendation on this matter to determine if it is the Town's
responsibility and a copy of the letter and bill from Mx. S.
Wallace be forwarded to them.
Seconded by Mr. Johnson
Motion Unanimously Carried
A letter was received from Mrs. C. J. Miller III requesting a
Stop Sign coming onto Smith Crossing Road from Diddell Road at
the tunnel.
Mr. Horton reported that he had visited the area, the Stop
Sign is on Smith Crossing Road and has been for quite a while;
he explained that this sign 4tuld be on that road rather than
the main road. He ordered and has installed an intersection
sign on Diddell Road before the tunnel; this way motorists on
both sides of the tunnel are warned; one by the Stop Sign, the
other side by the intersection sign.
MR. DIEHL moved that Mrs. Miller be advised of the report given
by Mr. Horton in regard to the Stop Sign on Smith Crossing Road.
Seconded by Mrs. Mills
Motion Unanimously Carried
A letter was received from John and Barbara Marmillo requesting
a refund on water billing; a hookup permit had been issued to
the previous owners, but these residents did not wish to hook up
to Town water. The bill had been sent in compliance with a
kire resolution adopted to bill those residents within thirty days
after a permit had been issued. However, these were new residents.
MR. JENSEN moved to request the Building Inspector check on this
hookup and determine if they were hooked into the Town water system,
also if a water meter was installed, this was to be returned and
upon these conditions being met, a refund of $25-50 be made to
1O6 3
Mr. & Mrs. Marmillo.
Seconded by Mrs. Mills
Motion Unanimously Carried
A letter was received from Pesner & Pesner, Attorneys at Law,
in regard to their clients, Eugene Adams and Aaron Puretz who
sought repayment of tax money paid for sewer improvement for
the years 1976 through 1979. This action came about due to
County Health Department rejection of their subdivision approval.
MR. JENSEN moved to refer this matter to the Attorney for his
review and comment to be discussed at the next meeting.
Seconded by Mr. Johnson
Motion Unanimously Carried
The following letter was read:
March 5, 1979
Mr. Joseph Wells, Resident Engineer
New York State Department of Transportation
Violet Avenue
Poughkeepsie, New York
RE: Parking of cars in front ofPresbyterian Church on
Route 9D, Hughsonville, across from Marlorville Road
Dear Sir:
From time to time during the week, cars continually park here
(actually off the highway) as a daily practice, even to the
extent where I have seen FOR SALE signs on vehicles.
This area, just off the highway, was and is still a walkway
(originally blacktopped) for residents to walk to stores,
church, etc. to and from their homes. Also, vehicles park on
church lawn and in general present a discouraging visual view
of one of the oldest (if not the oldest) House of Worships in
the Town.
The church members are proud of their church and rightfully so,
as the structure is one that today could not be replaced.
The apparent disregard and possible violations at this site
continue each day and I request of your department assistance
or advise me of how to correct a unsightly and dangerous
situation.
I appeal to you as Route 9D is a New York State Highway, thus
voiding any action by the Town of Wappinger.
Very truly yours,
s/ Louis D. Diehl, Supervisor
MRS. REILLY moved that a letter be sent from the Town Board
in full support of Mr. Diehl's letter.
Seconded by Mrs. Mills
Motion Unanimously Carried
L
1 Ob
A notice was received from the Dutchess County Department of
Public Works addressed to Mr. Horton advising him that certain
improvements were now required by the New York State Manual of
Uniform Traffic Control Devices on traffic signals at CR 93/C11.94
and CR 28/CR94.
Mr. Diehl interpreted this directive that dual traffic lights were
required at all sites where we maintained these signals and he
felt this would be a tremendous expense. His feeling and those
of the Board's had been and still was that the Town should not be
expending funds for traffic signals on County Highways. Mr. Diehl
had written a memo to the County Executive, the Commissioner of
Public Works and the Wappinger County Legislators strongly object-
ing to mandates from the State to local government without an
allocation of funds to follow through. At the conclusion of this
memo he asked the Board to decide --do they remove the traffic lights,
advise the County and then place the responsibility on the County
to maintain their own highways with safety signals or do we follow
through and expend more of the resident's money.
MR. JENSEN moved to refer this matter to the Attorney to review the
mandated law that governs these traffic signals and indicate to the
Town Board whether it is mandatory for existing lights or if it just
applies to newly installed signals.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mr. Johnson noted that communications had been sent to -Senator
Rolison and Assemblyman Warren on this matter and a response was
received saying that the problem was receiving close attention aihd
a resolution has been introduced providing an amendment to state
that the legislature shall not pass any bill -imposing programs
on local governments without provision for reimbursement by the
state. He urged the public to write to the Senator Rolison and
Assemblyman Warren supporting this amendment.
A letter was received from the Planning Board regarding the
realignment of Widmer Road and requesting that the Engineer be
authorized to prepare a plan on this.
1 06 5
MR. DIEHL moved to advise the Planning Board that the Town Board
is aware of this and Mr. Lapar is working on this project at the
present time.
Seconded by Mr. Johnson
Motion Unanimously Carried
The following letter was received from the Planning Board:
March 27th, 1979
Town Board, Town of Wappinger
Mill Street
Wappingers Falls, NY
RE: Town Recreation Sites
Dear Board Members:
The Planning Board of the Town of Wappinger would appreciate
it if you would advise them if the Recreation Commission is exempt
from site plan approval with regard to development undertaken
by them on Town recreation sites.
If the Recreation Commission is exempt from site plan
approval, the Board would appreciate it if you would explain
to them why this is so.
Thank you for your consideration.
Respectfully yours,
s/ Betty -Ann Russ, Secr.
T/W Planning Board
MR. DIEHL moved that the Attorney contact the Planning Board and
advise them that the Recreation Commission is exempt from site
plan approval and explain the reason to them.
Seconded by Mrs. Reilly
Motion Unanimously Carried
The following]etter was received from the Planning Board:
;March 27th, 1979
Town Board, Town of Wappinger
Mill Street
Wappingers Falls, NY
Re: Recreational Use Zone
Dear Board Members:
Teb have before us an application, Court Center*, for a
sports club facility on Old Route 9, This area is zoned HB -1.
The Zoning Board of Appeals recently interpreted that this
application is a permitted use. We are not questioning their
interpretation.
However, the HB -1 zone does not address recreation as a
permitted use and the applicant does not mention recreation as
a requested use. This application and the Sheraton Enterprises'
application uses are the same, although the Sheraton Enterprises
46,
1 0 ,6 6
application required an approval by the Town Board under the
Recreational Use Development Zone and the Court Center did not.
It, therefore, appears to the Planning Board that the
recently adopted Recreational Use Development Zone requires
some reworking to adequately define what it covers and its intent.
Thank you for your consideration.
Very truly yours,
s/ Victor L. Fanuele, Chrmn.
* Application has been withdrawn
MR. JOHNSON moved that the Planning Board be advised that under
the proposed zoning ordinance now being developed, all recreation
will be under the newly adopted zoning on Recreation Use Develop-
ment.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A letter was received from the Planning Board acknowledging
receipt of Environmental Assessment Forms, Parts I & II on the
Recreation Use Development Zone from the Town Board.
MR. JOHNSON moved to receive this communication and place it on
file.
low--,
Seconded by Mrs. Reilly
I
Motion Unanimously Carried
A letter was received from the Planning Board re drainage plans
for the Robinson Gardens Subdivision.
MR. JENSEN moved that the Attorney to the Town advise the Planning
Board that the Town will not assume the responsibility of piping
said lots to Sprout Creek nor will they assume the responsibility
of maintaining subsurface drains that are proposed by the engineer
‘110 to this development.
Seconded by Mrs. Reilly
‘pe Motion Unanimously Carried
In answer to a request by the Planning Board for a meeting on
SEQRA, Mr. Johnson set a date for April 18, 1979 at 7:00 P.M.
and requested that Mr. Adams, Mr. Hawksley, the Chairman of the
Planning Board, Chairman of the Zoning Board and the Building
Inspector be invited to attend; also he and Mrs. Reilly would be
present.
1067
A request was received from the Planning Board for part time
help for the purpose of retyping the corrected draft of the
proposed Land Subdivision Regulations.
MR. JENSEN moved that the request by the Planning Board to hire
part time help be granted and the hourly rate should not exceed
43.30.
Seconded by Mr. Johnson
Motion Unanimously Carried
A report was received from Mr. Horton on the Guillet at 27
Wildwood Drive which had been requested at the March meeting.
It read as follows:
March 28, 1979
Town Board, Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Guillet - 27 Wildwood Drive
Dear Board Members:
Please be advised that the shoulder of the road in front
of the above location has been filled as of the week of the 19th.
I will have to make periodic inspections of this site as
there is a pipe protruding from the yard onto the shoulder, and
until we get heavy rains I won't know if it is in use, and if it
is causing erosion problems.
Very truly yoyrs,
s/ William P. Horton
MR. JOHNSON moved to receive this communication and place it on
file.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A letter was received from Mr. Hawksley, Chairman of the
Conservation Advisory Council regarding adoption of guidelines
for SEQRA. However, in view of the fact that a meeting had been
set on this matter, Mr. Johnson felt this should be tabldd for
discussion until after said meeting.
MR. JOHNSON moved to receive this letter and place it on file.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A report was received from Mr. Lapar on Infiltration -Inflow of
1 0 6 8
the Oakwood Knolls Sewer System. It was his recommendation that
the Penetryn System, which was the corporation that had tested
and found leaks, be contacted to give a cost proposal for the
completion of the job.
MR. JENSEN moved that thePenetryn System be contacted to give
a cost proposal to complete the job of disconnecting any illegal
connections and rehabilitating the system.
Seconded by Mr. Johnson
Motion Unanimously Carried
A report was received from Mr. Lapar on reduction pf pressure
in the Orchard Homes Section of Central Wappinger Water Improve-
ment. He recommended that an air relief valve be placed at the
highest point in the development so that when excess draw is
experienced, a minimum of inconvenience would be experienced by
the residents.
MR. DIEHL moved that Mr. Lapar be authorized to install the
air vent but prior to this to check with those residents that
have expressed concern over the location of the vent.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A report was received from Mr. Lapar on Informal Bids for the
Installation of Clem Out Manhole and Extension of Walkway at
Oakwood Knolls, Sewer Treatment Plant. Two bids were received -
Wilson Excavators Inc. ---$3,766.O0 and Lafko Associates, Inc. --
$4,380.00. This was the second time this had gone to bid and
Mr. Diehl had hoped they would receive lower bids. However, it
was felt that the work must be done.
MR. DIEHL moved to approve the low bid of Wilson Excavators, Inc.
for the Installation of Clean Out Manhole and Extension of Walk-
way at Oakwood Knolls, Sewer Treatment Plant at a total price of
$3,766.00.
Seconded by Mr. Johnson
Motion Unanimously Carried
'1.0 6
The following report was received from Mr. Lapar:
April 9, 1979
Town Board, Town of Wappinger
Mill Street
Wappingers Falls, NY
Re: Purchase of Berkley Pump for
Hilltop Well #5
Dear Town Board Members:
As requested, this office hasproceeded with expedience to
design the hookup of Well #5 to thettntral Wappinger Water
System.
We are enclosing a confirmed price quotation for the (Berkely)
Vertical Turbine Pump chosen for our design. Berkeley Pumps
were chosen as the manufacturer at the request of the Water
and Sewer Committee since two (2) other Berkeley Pumps are used
at the present time and one (1) of them should be able to fit
Well #1 and Well #5 or vice versa.
This office recommends that the Town Board take action to
purchase this pump directly and not go out to bid. The reason
for doing so, are as follows:
1. The time period for shipping is 4-7 weeks. To go out
to bid, would require about an additional 3-4 weeks.
2. The cost of the pump may be increased, if a bid is
taken.
3. Since Berkely Pumps is the suggested manufacturer
for this pump, all transactions regarding the purchase,
would be done through the one Berkeley Dealer in this
region, even if the pump went out to bid.
We await your decision before proceeding any further in this
matter.
Thank you,
Very truly yours,
s/ Rudolph E. Lapar, P.E.:
MR. JENSEN moved that the Engineer to the Town be authorized to
purchase the Berkeley Pump as stated in his letter of April 9,
1979 to the Town Board, at a quoted price of $4,675.00, and this
expenditure will be made through the office of the Comptroller.
Seconded by Mr. Johnson
Motion Unanimously Carried
A request for a zoning change was received from Francesco and
Filippo Ilardi who lease property from Arthur J. Totten Sr. on
Route 9 in the Town of Wappinger. They own and operate Frank
and Brothers Auto Body and request a -zoning change from the
present residential to HB1.
1 0 7 0
MR. JENSEN moved that this rezoning request be referred to
the Zoning Committee for their review.
Seconded by Mr. Johnson
Motion Unanimously Carried
A request was received Barry Kaufman, meter reader recently
employed by the Town for an increase in the allowance per meter
(which is currently $.50). Mr. Kaufman based his request on the
constant use of his car since at times two trips were required
and the inflationary cost of gasoline.
MR.JOHNSUlmoved that the allowance for the meter readers be
increased from $.50 to $.55 per meter.
Seconded BY Mrs. Reilly
Roll Call Vote:
Councilman Jensen Nay
Councilman Johnson Ave
Councilwoman Mills Nay
Councilwoman Reilly Aye
Supervisor Diehl Aye
Motion Carried
Mrs. Mills stated her reason for voting Nay was because this
employee was not with the Town that long, and further he did not
have to use his car that much, he could accomplish some of his
meter reading by walking from houseto house.
A request was received from Mrs. Elswick, Bowdoin Lane for a
refund of $83.50 due to a freeze-up which had occurred from the
curb cock to the street water lines. This had been confirmed and
was a legitimate charge to the Town.
M4,. JOHNSON moved to approve a refund of $83.50 to Mrs. Elswick
as requested by her.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A communication was received from the League of Women Voters
regarding the issue of property assessments
MR. JENSEN moved that this communication be received and placed
on file.
Seconded by Mrs. Reilly
Motion Unanimously Carried
1011
A petition had been sent to the Town Board from employees
of the town requesting a change in their working hours from
the present 9:00 A.M. to 4:30 P.M. which was instituted on
the first of the year to 8:30 A.M. to 4:00 P.M. Mr. Diehl
had written a memo on this subject stating that from reports
of all offices, the change in hours at the beginning of the
year had resulted in apparently no value to the general public.
He recommended that they try the requested hours since they
seem to be more convenient to the residents.
MR. JENSEN moved that the hours for the Town offices be
changed from 9:00 A.M. -4:30 P.M. to 8:30 A.M. - 4:00 P.M.
and this would be effective commencing May 1, 1979.
Seconded by Mrs. Reilly
Motion Unanimously Carried
An exchange of holidays which had been set by the Town Board
at the beginning of the year was now requested by the employees.
The request was to exchange Election Day and Veterans Day for
November 23rd, the day after Thanksgiving and December 24th,
the day before Christmas.
MR. JOHNSON moved to exchange the 1979 Holidays as follows:
Election Day be exchanged for November 23rd, the day after
Thanksgiving and Veterans Day be exchanged for December 24th,
the day before Christmas.
Seconded by Mrs. Mills
Motion Unanimously Carried
Under unfinished business, Mr. Lapar reported on the second
well at Tall Trees; this was a verbal report as it had just
come to his attention today, that the developer who was build-
ing at Tall Trees had gone ahead with the second well, unknown
to either the Health Department or the Town; the plans were in
accordance with that required by the Health Department; the
expense would be covered by the developer, or it appeared so
at this point.
MR. JENSEN moved that the Attorney to the Town follow through
on this matter to see that there are no legal problems involved
in this action.
Seconded by Mr. Johnson Motion Unanimously Carried
p7�
Mr. Jensen brought up the subject of a Deputy Building Inspector
which had previously been discussed by the Board but no action
taken. At this time he felt they certainly could use one since
the work load was reaching a high level in this department.
MR. JENSEN moved to appoint Hans Gunderod as Deputy Building
Inspector at an hourly rate of $6.00, not to exceed 17 hours
per week, effective April 16, 1979.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mr. Diehl reported on the status of a spring clean-up after Mrs.
Mills brought up the subject of when and if they would conduct
one. A tentative meeting had been set for early April with
representatives from the Federal Department of the Interior to
meet at Castle Point where we had previously had a landfill site.
Now there were more regulations whereby the Town would need Depart-
ment of Health approval and would also require a complete engineer-
ing study. These steps would be taken after approval was given
by the Federal government since they had deeded the land to the
Town with certain conditions. As of this date, there was no
confirmation of a meeting and Mr. Diehl had contacted Mr. Adams
to set up further communications with these representatives. He
did not anticipate fulfilling these requirements until late summer
or early ;fall.
Mr. Jensen did not feel that a spring clean-up was needed in the
Town this year since we did have a complete fall clean-up at which
time everything was picked up. Mrs. Mills did not agree with this;
her feeling was that we had always conducted two clean-ups each
year and the residents looked for this.
Mr. William Egan, being recognized by the Chair, agreed with Mrs.
Mills -- there should be two clean-ups a year, there must be money
in the budget for this. We don't necessarily have to dump at
Castle Point, get one of the sanitation companies to do it at a
specified amount per truck. He repeated -- it should be twice
a year and it should be everything. People get confused when
you specify no metals or mo tires or no furniture, it should be
everything. The citizens get very little else for their moneyy,
this is important to the Town, it will prevent dumping along the
O73
roads.
Mr. Diehl said he would contact the carters and get a price on
picking up either all items or certain items depending on the
prices.
Mr. Jensen asked Mx. Horton about an unfinished matter of
possible illegal drains on Dana Place which was brought about
because of ice conditions there several months ago. When Mr.
Horton first investigated this matter he could not tell if there 410
were sump pumps being emptied onto the road, he had to wait for
better weather. He reported that he had recently checked into
this and there was water running from the back of one of the
yards out to the road, but there were no visible pipes.
Mr. Jensen then discussed the proposals that had been submitted
to solve the drainage problems there. There had been an estimate
on storm drains which was very costly, also the use of ditches
could be another solution although Mr. Horton did not recommend
this method. Mr. Jensen's thought was to put the ditches in and
grate the ditches, thereby eliminating SOME of the problems Mr.
Horton felt they would have. He asked that Mr. Horton and Mr.
Lapar collaborate on this matter --the cost, the feasibility --
explore this avenue and ieport back to the Board with their
findings.
Mr. Jensen requested that Mx. Lapar supply them with areport on
alternate proposals with costs on Bell -Air Lane storm drainage
in conjunction with the proposed subdivision, (Hunt's Deveopment).
Mr. Incoronato, being recognized by the Chair, asked about the
status of the Supervisor's car which had been stolen several
days previous. Mr. Diehl reported that it had not as yet be
located, and according to the Police Department the first few
hours are the critical hours, if it has not been located during
the hours, the chances are that the car has been taken from the
state for a possible resale. Mr. Incoronato then questioned Mr.
Diehl if insurance would cover this loss since it was being used
for private purposes. Mr. Diehl took exception to this remark
as it was not being used for his own personal use, but rather
1 0 7 4
for a business meeting and he had stopped. off afterward at which
time the car was stolen. He went through his itinerary: for that
day. After the theft it was reported to the Poughkeepsie Police
Department and the next day to the insurance company and has been
informed that the loss will be covered by insurance.
MRS. MILLS moved to adjourn the meeting, seconded by Mrs. Reilly
and carried.
The meeting adjourned at 11:23 P.M.
OltioucLA SI,Orvoc6",
aine H. Snowden
Town Clerk
Reg. Mtg. 4/W79