1979-03-12 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
MARCH 12, 1979
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. ACCEPT MINUTES
4. REPORTS OF OFFICERS
Town Justices Receiver of Taxes Bldg. & Zoning
Highway Supt. Hydrant Report with memo re: repairs CATV -copy of
request to State for Commission approval filed w/ T. Clerk
5. RESOLUTIONS
a. White Gate Parking Local Law
b. Cranberry Hills drainage fees, etc..
c. Mid Hudson Salvage Yard License
e. Transfer of funds for Castle Point Recreation Area
f. Local Law Amending SEQRA
g. Bids for Recreation equipment
6. PETITIONS & COMMUNICATIONS
a. N.Y.S.D.O.T. Notices of Orders re: Speed limits for Beechwood
Circle, New Hackensack Heights, and Spook Hill Rd.
b. Resignations from Conservation Advisory Council members K.
Wilkinson and G. Wolstenholme
c. R. E. Lapar Reports:
1. Twnwide Water Leak Survey
2. Repairs to Rockingham STP Settling Tank Collector
d. E. Hawksley, Ch. Cons. Adv. Council, short presentation of
activities and presentation of Mosaic Map
7. COMMITTEE REPORTS
8. UNFINISHED BUSINESS
a. T. Logan re: Roberta Fitzgibbons request for 1/3 Benefit
Assessment on CWW
9. NEW BUSINESS
10. ADJOURNMENT
*02 0
The Regular Meeting of the Town Board of the Town of wappinger
was held on March 12, 1979 at Town Hall, Mill Street, Village of
Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:03 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
Minutes of the Regular Meeting of February 14, 1979 and the
Special Meeting of February 23, 1979, having previously been
sent to Town Board members, were now placed before them for
their consideration.
MRS. REILLY moved that the Minutes of the Regular Meeting of
February 14, 1979 and the Special Meeting of February 23, 1979,
be and they are hereby approved as submitted by the Town Clerk.
Seconded by Mrs. Mills.
Motion Unanimously Carried
Reports were received for the month of February from the Town
Justices, Receiver of Taxes, Building Inspector and Zoning
Administrator, Hydrant Report from the Highway Superintendent
with memo regarding repairs, also January report from Building
and Zoning, CATV copy of request to State for Commission approval
filed with the Town Clerk and the Financial Report from D'Arcangelo
on the Joint Landfill also filed with the Town Clerk.
COUNCILMAN JOHNSON moved to accept and place on file all of the
above mentioned reports.
Seconded by Mr. Jensen
Motion Unanimously Carried
The Town Clerk noted that she had been served with two Article
784 one against the Zoning Board of Appeals, one from Mid -Hudson
Auto Wreckers Inc.
MR. JENSEN moved to refer the two Article 78 Actions served
on the Town Clerk to the Attorney to the Town to defend on
behalf of the Town.
Seconded by•Mr. Johnson
Motion Unanimously Carried
Mr. Diehl then noted that there were residents from Tall Trees
present at the meeting to speak on problems of the water district
and he wished to divert from the Agenda and entertain these
residents at this time. First he brought them up to date on
the happenings that dealt with the well at Tall Trees. Last
month Mr. Lapar had submitted a report on the new well at Tall
Trees which was drilled and tested but had not been approved;
however, Mr. Lapar stated that the well could be used as an
auxiliary to the system if the Town legally owned the well,
there was a question if the developer had pre-prioritary rights
to the drilled well. The Attorney was directed to contact the
developer for this information; the.Engineer was directed to
determine the cost of putting the well into operation assuming
the Town had the rights to the well; this would not only increase
the capacity of water but would also be a standby well. He
explained that all these costs would be a district cost and then
asked those residents present if they had any questions.
Mrs. Seaboldt had several questions ---did they have any idea of
what these costs were going to be? Will there by any public
hearings when these costs are known and when decisions are to
be made? What is the cost of trucking in water --how does that
compare with installing a new well ---how many breakdowns have
there been over a five year period, total number of dollars
spent in repairing, length of time the pump is out.
Mr. Diehl hoped to have answers by Wednesday night at which
time they would hold a meeting and have answers for these
people. Mr. Adams, when questioned, said he did not anticipate
any legal problems with the well.
Aldo Montana asked if the water would be coming ,from the same
area.
There was lengthy discussion on this matter which was finalized
by Mr. Diehl stating that if information was available by
Wednesday, there would be a Special Meeting at which time the
Comptroller, Mr. Ryan would be present with cost figures of monies
that had, up to now, been spent from the district.
A Public Hearing having been held by the Town Board of the Town
of Wappinger on March 12, 1979 on a Local Law Prohibiting Parking
or Standing by any Motor Vehicle in Marked Fire Lanes Maintained
by the White Gate Apartments, the matter was now placed before
the Board for their consideration.
Mr. Richard Bartholemew had been present at the Public Hearing
and represented Chief Arthur Waddle from the Hughsonville Fire
District; he requested that action on this local law be tabled
until Mr. Waddle had received further information on the fire
lanes and whatever information we had concerning this local law.
MR. JOHNSON moved that action be tabled on this Local Law at the
request of Chief Arthur Waddle from the Hughsonville Fire Company.
Seconded by Mrs. Mills
Motion Unanimously Carried
The next item on the Agenda referred to drainage fees on Cranberry
Hills Subdivision.
MR. JENSEN moved to table action on this matter until the Attorney
had prepared the necessary resolution.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A request had been received from the Recreation Commission for
the expenditure of $5,012.00 from the Parkland Deposits Trust
Fund for equipment to be placed at the recreation site at Castle
Point.
MR. JENSEN moved to authorize the expenditure of $5,012.00 from
the Parkland Deposits Trust Fund, by the Recreation Commission
for equipment to be placed at the recreation site at Castle Point.
Seconded by Mrs. Reilly
Motion Unanimously Carried
The Recreation Commission had listed the equipment they planned
to order, namely: 8 picnic tables and benches ® $195.00,
8 portable steel benches with backs @ $119.00 and 1 backstop at
a cost of $2,500.00. Mr. Jensen explained that the purpose of
this expenditure was to satisfy the requirements of the Federal
Government when the site was deeded to the Town of Wappinger.
The following Local Law was introduced by COUNCILMAN JOHNSON:
A Local Law amending the prior local law implementing
the State Environmental Quality Review Act.
BE IT ENACTED by the Town Board of the Town of Wappinger:
1. Local Law No. 2 of 1977 shall be amended as follows:
a. Article 2, Section 20 shall be deleted in its entirety.
b. The following provisions shall be substituted in
place of the foregoing provisions which have been deleted.
1. Type 1 actions shall be all those actions set
forth in Title 6 NYCRR Part 617.12 including those other actions
which may be added to Part 617 from time to time.
2. This Lodal Law shall take effect immediately upon
adoption, and as provided by the Municipal Home Rule Law.
The following resolution was introduced by COUNCILMAN JOHNSON
who moved its adoption:
WHEREAS, there has been duly presented and introduced at
a regular meeting of this Town Board on the 12th day of March,
1979, a proposed Local Law amending the prior local law imple-
menting the State Environmental Quality Review Act, 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 the Town Board of the Town of Wappinger on the 29th
day of March 1979 at 7:00 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 TownClerk of the Town of Wappinger, by 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.
Seconded by Mrs. Reilly
Roll Call Vote: 5 Ayes 0 Nays
Mr. Hawksley, being recognized by the Chair, wished to reiterate
a statement made by him at a previous meeting that there are
many items in the law that require changing that could possibly
call for other public hearings, he thought they would delay action
on this. Mr. Diehl informed him that a tentative date had been
set on Wednesday, March 14, 1979 at 8:00 P.M. with the Planning
Board, Zoning Board and two members from the Town Board and Mr.
Hawksley if this was agreed to by all concerned. There would
be representatives from all the Boards, therefore, it would not
constitute an open meeting, merely a work session. After this
session, depending on what transpires, the public hearing that
had been set could be called off for a future date.
MR. DIEHL moved to set a Special Meeting for Wednesday, March 14,
1979 at 7:30 P.M. for the purpose of acting on the application of
Sheraton Enterprises on RUD, and any other business that may come
before the Board.
Seconded by Mrs. Mills
Motion Unanimously Carried
Two bids were received and opened on February 15, 1979 on Boys,
Girls and Mens Baseball Program Equipment for 1979 as follows:
Letterii Sporting Goods ---$2,960.60 and Schumans Army and Navy
Store ---$3,680.00. The Recreation Commission recommended that
the bid be awarded to Letterii Sporting Goods as low bidder.
COUNCILWOMAN REILLY moved to accept the low bid from Letterii
Sporting Goods in the amount of $2,960.60 for Boys, Girls and
Mens Baseball Program Equipment for 1979, as recommended by the
Recreation Commission.
Seconded by Mr. Johnson
Motion Unanimously Carried
Three notices were received from the New York State Department
of Transportation regarding approved speed limits --30 MPH area
speed in the Beechwood Circle area, 30 MPH Area speed limit in
the Hackensack Heights area, and 40MPH speed limit on Spook Hill
Road.
MR. JENSEN moved to receive this communication on the area speed
limits, place it on file, notify the Highway Superintendent and
other residents that they concerned.
Seconded by Mr. Johnson
Motion Unanimously Carried
Two resignations were received from members of the Wappinger
Conservation Advisory Council; Kenneth Wilkinson and George
Wolstenholme.
102 6'.
MR. JENSEN moved that the resignations be accepted with regret
from Kenneth Wilkinson and George Wolstenholme and letters of
thanks for their service to the Town be sent to these gentlemen.
Seconded by Mrs. Reilly
Motion Unanimously Carried
There were now two vacancies on the Conservation Advisory Council
and Mr. Diehl asked the Board Members if they wished to make
any appointments at this time.
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
RESOLVED, that Jacqueline O'Malley be and she is hereby
appointed to fill the vacancy on the Conservation Advisory
Council of the Town of Wappinger which has occurred by reason
of the resignation of Kenneth Wilkinson, and it is further
RESOLVED, that the said Jacqueline O'Malley is hereby
appointed to the said Conservation Advisory Council for a term
which shall expire on the 1st day of July 1979.
Seconded by Mrs. Mills
Roll Call Vote: 5 Ayes 0 Ayes
Mr. Diehl directed that the second appointment to the Wappinger
Conservation Advisory Council be tabled until the next meeting.
A report was received from Mr. Lapar on Townwide Water Leak
Survey enclosing an estimate from Heath Consultants Inc.. and
a recommendation that this type of survey be performed, since
these leaks are a constant problem.
MR. JENSEN moved that the estimate from Heath Consultants Inc.
on Townwide Water Leak Survey, be forwarded to the Attorney for
his review and also to the Comptroller for preparation of necessary
forms for funding this project.
Seconded by Mr. Johnson
Motion Unanimously Carried
A report was received from Mr. Lapar on Repairs to Rockingham
Sewer Treatment Plant Settling Tank Collector; he enclosed a
voucher from Lafko Associates for repair work on the collector
system and recommended payment of this; also included was a
report from Lakfo Associates regarding the replacement of the
entire mechanism. This information has been referred to Camo
kiwo
z Qu
Pollution Control, for verification of the facts presented.
MR. JENSEN moved that this communication be received and placed
on file.
Seconded by Mr. Johnson
Motion Unanimously Carried
A request had been received from the Village of Wappingers Falls
for the use of three voting machines on March 20, 1979, Village
Election Day.
kiro MR. JOHNSON moved to grant permission to the Village of Wappingers
Falls to use three voting machines and to make the necessary
arrangements for pickup and return of the machines.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Under Committee Reports, Mr. Jensen reported on their monthly
meeting with Tri -Municipal. The form letter and questionaire_
will be sent out within two weeks to 16,000 residents. When
they are returned, they will be correlated by Ecol Sciences
with other studies and when all information is compiled it will
be part of the Ecol Sciences Environmental Impact Study.
Mrs. Reilly, reporting on Building Committee, would be meeting
with the architect, Mr. Battaglia, who had been authorized to
conduct a space needs survey for a proposed Town Hall. The
Building Committee and all department heads would meet to
discuss their individual needs, on Thursday at designated times.
Mrs. Mills, a few months ago, had brought up problems on Wildwood
Drive with speeding vehicles resulting in damaged lawns and
complaints from the residents. One particular residence mentioned
was at 21 Wildwood Drive; Mrs. Mills now had a complaint from
Mr. Raymond Guillet, 27 Wildwood Drive with the same problem --
a car on his front lawn. He blamed the condition on the drop
between the road and shoulders which occurred after the resurfac-
ing of this road. She requested that a letter be directed to the
Highway Superintendent to investigate this matter and report back
to the Board on his findings. Mrs. Mills further stated that the
center mall on Wildwood Drive was being used as a roadway.
1027 -
MRS. MILLS moved that a letter be directed to the Highway
Superintendent advising him of the complaint from Mr. Guillet
at 27 Wildwood Drive and also alert the State Police and
Dutchess County Sheriff to patrol the area for violators of
the speed limit and also use of the center mall by moving
vehicles.
Seconded by Mr. Jensen
Motion Unanimously Carried
Mr. Johnson, on the Ordinance Committee, reported that he would
be meeting with Mr. Portman from Frederick Clark Associates to
present a draft copy of a new proposed zoning ordinance.
He had attended the last meeting of the Recreation Commission
and spoke to the Chairman on the possibility of resurrecting an
old plan on capital improvements for recreation projects planned
for the Town.
MR. JOHNSON raoVea to direct the Recreation Commission to refurbish
their capital improvement plan for recreation and submit this to
the Town Board for their review.
Seconded by Mrs. Reilly
Motion Unanimously Carried
MR. DIEHL moved that the.Engineer to the Town be instructed to
prepare bids for Chemical Purchases for the Water and Sewer Plants
and also for Sludge Removal from the Sewer Plants and upon comple-
tion submit to the Town Clerk for advertising.
Seconded by Mr. Jensen
Motion Unanimously Carried
Under Unfinished Business, Mr. Logan's referral on Roberta
Fitzgibbons request for 1/3 Benefit Assessment on Central
Wappinger Water which was referred to the Attorney for review
was brought up for the consideration of the Board. However, no
further information had been received on this matter.
MR. DIEHL moved to table this request until the next meeting.
Seconded by Mr. Johnson
Motion Unanimously Carried
L
1 0 2
Mr. Frank Versace, being recognized by the Chair, spoke on a
press release in the W&SD News by Mr. Diehl stating that charges
on operation and maintenance in the water and sewer districts is
100% deductible on Federal Income Tax. After checking this out
with his accountant and also IRS, he disagreed with this state-
ment. He spoke to Miss King from Internal Revenue Service who
denied giving this information to Mr. Diehl. Mr. Versace asked
that the Attorney to the Town investigate this deduction and give
an opinion on this matter. Mr. Adams was asked to follow through
on this matter as soon as he possibly could, since time was of
the essence now.
Mr. Edward Hawksley, Chairman of the Wappinger Conservation
Advisory Council, was on the Agenda at his request to give a
short presentation of a Mosaic Map which was hung on the wall
of the Town Hall. He informed the Board that this project had
taken 18 months to present, not because of the work involved,
but because they had to seek help from the Dutchess County
Planning Department, and they have their priorities. The map
is of the Town of Wappinger, an aerial photograph taken at
different times and then enlarged and put together; this was
done back in 1970 so it would look somewhat different today.
He identified some of the main roads, the schools, he pointed
out Mrs. Mills' house, Mr. Jensen's and Mr. Johnson's. On a
road map you don't see all these landmarks. He wanted to fill
in a border and also cover the map with a plastic sheet in order
to preserve it. He then introduced Dennis Bryers, a new member
‘110'
of the Council for the second part of his presentation, how to
utilize maps. He presented various overlay maps, one on soil,
one on depth of bedrock; these could be put over the first map
which was just a base map of the Town; these maps were reproducable.
Mr. Bryers then distributed pamphlets to the Board on recycling
motor oil.
�29
Mr. Jensen commended the Council on their presentation and
activity but just hoped all this work was not a duplication of
effort, as other agencies were also involved in surveys.
There was no other business to come before the Board.
MRS. MILLS moved to adjourn the meeting, seconded by Mrs. Reilly
and unanimously carried.
The meeting adjourned at 9:28 P.M.
laine H. Snowden
town Clerk
Reg. Mtg. 3/12/79
A Public Hearing was held by the Town Board of the Town of
Wappinger on March 12, 1979 on a proposed Local Law Prohibiting
Parking or Standing by any Motor Vehicle in Marked Fire Lanes
Maintained by White Gate Apartments, at Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the Hearing at 7:52 P.M.
Present:
Louis Diehl, Supervisor
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Elaine Snowden, Town Clerk
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized (attached hereto and
made part thereof of the minutes of this Hearing).
Mr. Diehl explained that the owners of the White Gates Apartments
had requested this local law, and then asked if anyone wished to
speak for or against the law.
Mr. Richard Bartholemew was present, representing Chief Arthur
Waddle and was asking for a postponement of any action on this
matter due to the fact that he had not seen any maps on the
proposed fire zones. Mr. Waddle would like to review these
maps and then present his recommendations to the Board.
Mr. Diehl said they would go on with the Public Hearing but would
take no action. He then asked if anyone else wished to speak.
No one else spoke.
Mr. Diehl moved to close the Public Hearing, seconded by Mrs.
Reilly and carried.
The Hearing closed at 7:55 P.M.
aukt_U
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
A PROPOSED LOCAL LAW PROHIBITING
PARKING OR STANDING BY ANY MOTOR
VEHICLE IN MARKED FIRE LANES
MAINTAINED BY WHITE GATE
APARTMENTS
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
jUi
8
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes
and says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on February 26, 1979, your deponent posted
a copy of the attached notice of Public Hearing on a
proposed Local Law Prohibiting Parking or Standing by
any Motor Vehicle in Marked Fire Lanes Maintained by
White Gate Apartments, on the signboardmaintained by
your deponent in her office in the Town Hall of the
Town of Wappinger, Mill Street, in the Village of
Wappingers Falls, Town of Wappinger, Dutchess County,
New York.
Sworn to before me this
day of ii,141‘
Notary Public
DONALD G. BUCK
Not,lry F f 1`11•N YuA SMA
rcDurc:ina
CoMrrilnivn CAyiru3 Masco 30,
1979.
Elaine H. Snowden
Town Clerk
Town of Wappinger
1 • and a D.
NEWS
DISPLAY ADVERTISING
CLASSIFIED ADVERTISING
914-297-3723
84 EAST MAIN STREET - WAPPINGERS FALLS
NOTICE IS HEREBY GIVEN that
therintroduced bbe�duly Town Board of the
Town of Wapcinger, Dutchess County
New York, 6: February U,. 1979, a
proposed L<cal Law Prohibiting
Parking or tending by any Motor
Vehicle yyin M. rked Firee Lanes Main-
taNOTed bCENhi e Gate ISi FURTHER rGIVEN that
ptthe Town Board of the Town of Wap-
thegafroresaid pcondropt osed public
locahearing on
at
Town Hall, Mill Street, Village of
osnD1h97atu7tNeWappingers
YrkoMarch219, County,
P.M. EST, on such day, at which time all
parties interested will be heard.
Elaine H. Snowden
Town Clerk
Dated: Feb. 22, 1979TownotWappinger
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Beatrice Oaten
of the
Town of Wappinger, Dutchess County, New Yak.
being duly sworn, says that he is, and at the several
times. hereinafter was, ther4k4411tifl bY..$bR]bf
W. & S.D. NEWS, a newspaper printed and published
every Thursday in the year in the Town of Wappinger,
Dutchess County, New York. and that the annexed
NOTICE was duly published in the said newspaper for
... cr
"week successively ono* in each week.
commencing on the.. Z$th...day of..F.bruawy....
19.79and on the following dates thereafter, namely on
and ending on the... ?$1.. day of.. Tab.. .
19.?both days inclusive.
Subscribed and sworn to before me •s
this �,$tb.... day of.... Xeb2 *r'r 19..79
Notary Public
My commission expires
ALBERT FA. OSTEN
^dEW YORK
QJA_.,;E., (,iovrY
iiSStUh EXPIRES M4RCH 30.196.52