1978-03-13 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
MARCH 13, 1978
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. ACCEPT MINUTES ----Reg. Dec. 12, 1977, Spl. March 6,-1978
4. REPORTS OF OFFICERS
Bodg. & Zrig. - Rec. of Taxes Town Justices
Annual Financial Report of Supr. Filed 3/1/78 w/ Town Clk.
Report from M.Ryan--Telephones
5. RESOLUTIONS
1. Bldg. Code Ordinance Amendment
2. Local Law -Rules & �Re�g�. for Electrical Installation
t
4. Transfers re: Memo from I Ryan, 2/14/78, Ins.. Ptem.
5. Bid, Mid -Point, Hunters Creek, Rec. from R. Lapar
6. PETITIONS & CO_MMUNICATIONS -
a. Jeff FIaxman re: reimbursement for plumbing Fltwd.
b. Arthur Waddle re: recommendation for Hyrdrant Markers
c. Maks Etingin re: request deferrment of Engineering
Inspection Fees for Carmel Heights Subd.
d. Stanley Porco (Villa Borghese), request for refund
of money due to erroneous billing for Central Wapp.
Water Benefit Assessment
e. E.Hawksley re: decision of Bd. not to adopt SEQR
with reply from Attorney
f. R.E. Lapar Reports:
�;. 1.- Recommendations on NYS .DEC letter of 10/13/77
2. Jack Devine --Spook Hill Rd.
3. Water Loss Survey --all Town Improvements
-g. E. Hawksley re: John Pray Rezoning Request
h. Resignation from Melvin Zipes from WCAC. -
1 i. R.Ruit re: Taylor Rental Site C.O.
it
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. REPORTS OF COMMITTEES
8. UNFINISHED BUSINESS
a. Attorney Report --Frances Pierson, Beechwood Circle
b. Attorney opinion on Competitive Bidding
. NEW BUSINESS
10. ADJOURNMENT
654
The Regular Monthly Meeting of the Town Board of the Town of
Wappinger was held on March 13, 1978 at 8:00 P. M. at the Town
Hall,Mill Street, Wappingers Falls, New York..
Supervisor Diehl called the meeting to order at 8:12 P. M.
Present: -
Louis Diehl, Supervisor
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Gladys Ruit, Deputy Town Clerk
Others present:
William Horton, Highway Superintendent
Rudolph Lapar, Engineer to the Town
The Minutes of the Regular Monthly Meeting of December 12, 1977
and the Special Meeting of March 6, 1978 having been previously
sent to the Town Board members, were now placed before them
for their approval.
MR. JOHNSON moved the minutes of the December 12,1977 Regular
Meeting and the Special Meeting of March 6, 1978, as submitted
by the Town Clerk be and they are hereby approved.
Seconded by Mrs. Mills
Roll Call Vote: 5 Ayes 0 Nays
Reports for the month,of February were received from Building &
Zoning, Receiver of Taxes, Town Justices, Budgetary Receiver
Report and the Annual Financial Report of the Supervisor was
filed with The Town Clerk on March 1, 1978 and Annual Report
from the Director of Recreation, Joseph Ennesser.
MR. JOHNSON moved that reports from Building and Zoning, Receiver
of Taxes, Town Justices, Budgetary Receiver Report and the Annual
Financial Report of the Supervisor be accepted and placed on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
A Public Hearing having been duly held on March 6, 1978 on an
Ordinance for Administering & Enforcing the State Building
Construction Code, the matter was placed before the Board for
their consideration.
The following Resolution was introduced by MR. JENSEN who moved
its adoption:
WHEREAS on May 12, 1960 the Town Board of the Town of
Wappinger duly enacted the Town of Wappinger Ordinance for
Administering and Enforcing the State Building Construction
Code, and
WHEREAS the Town Board of the Town of Wappinger does
hereby enact and ordain as follows:
SECTION 1. Section 10 of the Town Building Code is
modified by adding thereto subparagraph (c) as follows:
No construction of any portion of a building
other than the construction of a foundation shall
commence until the owner has first submitted to
the building inspector an "as built" certified
Plot Plan showing the "as built" foundation
location on the plot of land for which the
building permit has been issued. Such plan
shall show that such foundation is situated
and located within the minimum sideyard setback
requirements and shall indicate that the location
of the foundation conforms to the "proposed
construction" plot plan previously submitted
or conforms to variations therefrom previously
approved by the building inspector as the result
of field inspection. The provisions of this
subparagraph shall only apply to those foundations
which are situated within three (3) feet of the
minimum sideyard setback requirements as pre-
scribed under the zoning ordinance or to any
permit issued pursuant to a variance granted
thereunder.
SECTION 2. Section 15 of the Town Building Code is
modified by the addition thereto of subparagraph (d) which
provides as follows:
No certificate of occupancy shall be issued
for any residential building unless prior installation
of footing drains has been completed and said drains
have been previously approved in writing by the
building inspector. The building inspector is
authorized to waive the installation of footing
drains in those circumstance; where, in his sole
discretion, he determines the same not to be necessary.
SECTION 3. The Town Building Code shall mean the Town
of Wappinger Ordinance for Administering and Enforcing the
State Building Construction Code.
SECTION 4. This ordinance shall be effective ten days
following its adoption:
Seconded by Councilwoman Reilly
Motion Unanimously Carried
A Public Hearing having been duly held on March 6, 1978 on
Local Law #1, 1978 Establishing Rules & Regulations for the
Governing of Electrical Installations within the Town, the
matter was placed before the Board for their consideration:
MR. JENSEN moved to adopt Local Law #1, 1978 Establishing Rules
& Regulations for the Governing of Electrical Installations within
the Town.
BE IT ENACTED by the Town Board of the Town of Wappinger
as follows:
A LOCAL LAW ESTABLISHING RULES AND REGULATIONS
FOR THE GOVERNING OF ELECTRICAL INSTALLATIONS
WITHIN THE TOWN.
1. Title. This local law shall be known as the electrical
code of the Town of Wappinger.
2. Statement of purpose. Since there is danger to life and
property inherent in the use of electrical energy, this local
law is enacted to regulate the installation, alteration
of wiring for electric light, heat or power and signal
systems operating on fifty volts or more, in or on all real
property within the Town of Wappinger.
3. National code adopted. All electrical installations
heretofore mentioned shall be made in conformity with the
requirements of the National Electrical Code, except where
the provisions of this local law or any other local law,
ordinance or building code of the Town of Wappinger shall
differently prescribe, in which event compliance with the
provisions of such local law, ordinance or building code,
shall be recognized as proper compliance with this local
law. The requirements of the National Electrical Code
shall be those known as National Fire Protection Association
Pamphlet No. 70 and 70A-1972 (National Fire Code, Vol.5)
or any subsequent revisions thereof as approved and adopted
by the American Standards Association.
4. Electrical inspector. The chief inspector, and each of
the duly appointed inspectors of the New York Board of Fire
Underwriters are hereby authorized and deputized as agents
of the Town of Wappinger to make inspections and reinspections
of all electrical installations heretofore and hereafater
described, and to approve or disapprove the same. In no
event, however will the cost or expense of such inspections
and reinspections be a charge against the Town of Wappinger.
5. Duties of the electrical inspector. It shall be the duty
of the inspector to report in writing to the chief building
inspector, whose duty it shall be to enforce all the pro-
visions of this code, all violations of or deviations from
or omissions of the electrical provisions of the National
Electrical Code, and of all local laws, ordinances, and the
building code as referred to in this local law insofar as
any of the same apply to electrical wiring. The inspector
shall make inspections and reinspections of electrical
installations in and on properties in the Town of Wappinger
upon written request of an authorized official of the Town
of Wappinger, or as herein provided. The inspector is
authorized to make inspections and reinspections of electrical
wiring installations, devices, appliances and equipment, in
and on propertieswithin the Town of Wappinger where he deems
it necessary for the protection of life and property. In
the event of an emergency, it is the duty of the inspector
to make electrical inspections upon the oral request of an
official of office of theTown of Wappinger. It shall be the
duty of the inspector to furnish written reports to the
proper officials of the Town of Wappinger and owners and/or
lessees of property where defective electrical installations
and equipment are found upon inspection. He shall authorize
the issuing of a certificate of compliance when electrical
installations and equipment are in comformity with this local
law.. He shall direct that a copy of the certificate of
compliance be sent to the Town of Wappinger to the attention
of thebuilding inspector.
6. Violations of the local law. It shall be a violation of this
local law for any person, firm or corporation to install or
cause to be installed, or to alter electrical wiring for light,
heat or power in or on properties in the Town of Wappinger
651
until an application for inspection has been filed with
the New York Board of Fire Underwriters. It shall be a
violation of this local law for a person, firm or
corporation to connect or cause to be connected elec-
trical wiring, in or on properties for light, heat or
power, to any source of electrical energy supply, prior
to the issuance of a temporary certificate, or a
certificate of compliance, by the New York Board of Fire
Underwriters.
7. Penalty for violations. Any person, firm or corporation
who shall violate any of the provisions of this local law
or any rule or regulation made pursuant thereto, shall be
guilty of disorderly conduct and shall be a disorderly
person, and upon conviction thereof, may be punished by a fine
of not more than fifty dollars, and each day on which such
violation continues shall constitute a separate offense.
8. Local Law not applicable in certain cases. The provisions
of this locallaw shall not apply to the electrical install-
ations railway cars, automotive equipment, or the install-
ations or equipment employed by a railway, electrical or
communication utility in the exercise of its function as a
utility, and located outdoors or in the buildings used ex -
c lrsively for that purpose. This local law shall not apply
to any work involved in the manufacture, assembly, test or
repair of electrical machinery, apparatus, materials and
equipment by a person, firm or corporation engaged in elec-
trical manufacturing as their principal business. It shall
not apply to any building which is owned or leased in its
entirety by the government of the United States, the State
of New York, or the County of Dutchess.
9. No waiver or assumption of liability. This local law
shall not be construed to relieve from or lessen the respon-
sibility of any person owning, operating,,, controlling or
installing any electrical wiring, devices, appliances, or
equipment for loss of life or damage to person or property
caused by any defect therein, nor shall the Town of Wappinger
or the New York Board of Fire Underwriters be deemed to have
assumed any such liability by reason of any inspection made
pursuant to this local law.
10. Separability clause. If any part or provisions of this Local
Law or the application thereof to any person or circumstance
be adjudged invalid by any court of competent jurisdiction,
such judgment shall be confined in its operation to the part
or provision or application directly involved in the contro-
versy in which such judgment shall have been rendered and
shall not affect or impair the validity of the remainder of
this local law or the application thereof to other persons
or circumstances and the Town Board of the Town of Wappinger
hereby declares that it would have passed this local law
or the remainder thereof had such invalid application or
invalid provision been apparent.
11. Repealing provisions. All ordinances and local laws and
parts thereof inconsistent with this local law are hereby
repealed.
12. Effective date. This local law shall take effect five days
after adoption by the Town Board.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. JENSEN explained that the Public Hearing on CATV franchise
there were specific questions brought up not only from the
public but also from Mr. Erichsen, General Manager of U. S.
Cablevision Inc. One of the items brought up was what pro-
vision, if any, would be made for homes being constructed in
our Town where utilities would be underground. Mr. Erichsen
indicated that usually Central Hudson and New York Telephone
Company contact them or any cable television company and ask
them if they want to join them. He also indicated if they do
become involved it costs them 1/3 of the total cost. Mr.
kbe Jensen felt this was a prohibitive cost and Central Hudson
1
and New York Telephone Co. have to dig the ditch anyway for
their cable. Many new homes will not get cable service un-
less something can be worked out.
MR. JENSEN moved that the Board take no action on the matter
of the cablevision franchise with U. S. Cablevision, Inc.,
until further information is received.
Seconded by Mrs. Milts
Motion Unanimously Carried
MR. JENSEN moved that a letter be sent to Central Hudson -
requesting a meeting with them for a better understanding of
the costs for trenching of underground utilites and how they
determine these fees that are shared between Central Hudson,
New York Telephone Co. and the cablevision firms.
Seconded by Mrs. Mills
Motion Unanimously Carried
The following report was received from Mr. Lapar on bids for
Mid Point Park Storm Drainage:
March 10, 1978
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.12590
Re: Mid -Point Park Storm Drainage Project and Hunter's Creek
Realignment
Dear Board Members:
On March 9, 1978, bids were received and opened for the above
projects. The only bid submitted was from Dave Alexander, Inc.
Bids were received in December, but were rejected by the Board.
Previous Bid Alexander's Bid
$ 92,006.25
$199,636.53
Alternate #1
Alternate #2
$ 83,370.00
$157,596.00
658
659
Previous Bid Alexander's Bid
Alternate #3
Alternate #4
Alternate #5
HUNTER'S CREEK
$ 64,310.00
$ 98,900.00
$146,135.00
$ 13,500.00
The price received for Hunter's Creek Realignment is an excel-
lent price and we recommend that the bid be accepted.
The Mid -Point Park Alternates are as follows:
ALTERNATE #1 - Intercept existing stream and pipe it thru
easement to lower area - pipes designed on
a 25 year storm recurrence interval.
ALTERNATE #2 - Intercept existing stream and pipe it thru
Martin Drive to lower stream - 25 year
recurrence interval.
ALTERNATE #3 -
ALTERNATE #4
Same as #1 - Pipes designed on a 5 year
recurrence interval.
- Same. as #1 - except construction of a
ditch in lieu of pipes - 25 year recurrence
interval.
ALTERNATE #5 - Intercept existing stream and pipe it thru
easement to lower lot then thru another ease-
ment to Martin Drive to lower stream - 25
year recurrence interval
We have enclosed a set of plans for the Mid -Point Park Job to
point out what the alternatives are.
It is our opinion that Alternate #2 should be accepted. We
feel that the benefit cost ratio for this alternate is the
highest.
We feel that Alternate #1, 3 and 4 should not be implemented
because of a possibility of increased flooding at the lower
end of the project which we were not aware of before. The
cost difference of #2 and #5 is slight enough to warrant the
extra expenditure for Alternate #2. The major reason we feel
Alternate #2 should be chosen is the fact that the road could
be reconstructed at the same time.
If you have any questions, please call. Thank you.
Very truly yours,
s/Joseph E. Paggi,Jr.,
Engineer for Rudolph E.Lapar
MR. JOHNSON moved that the Board accept recommendation of Rudolph
Lapar on Alternate #2 for Mid Point Park Storm Drainage Project
in the amount of $157,596.00 from Dave Alexander Inc. and also
on Hunter's Creek realignment for $13,500.00, Dave Alexander Inc.
subject to any easements being received that are necessary for the
project and the comptroller be directed to make necessary
arrangements for the bonding of these projects.
Seconded by Mrs. Reilly
Motion Unanimously Carried
1
1
The following resolution was introduced by SUPERVISOR DIEHL
who moved its adoption:
WHEREAS by quitclaim deed dated September 1, 1972 from the
United States of America Certain real property was conveyed
to the Town of Wappinger for recreational use, and
WHEREAS certain portions of said real property cannot
presently be utilized for recreational purposes because of
uneven terrain, ravines, depressions and other geological
features, and
WHEREAS fill material is necessary to render said areas
useful for recreational purposes, and
WHEREAS during annual spring clean-ups conducted by the
Town,1 large quantities of materials are collected which would
be suitable for fill and which would not contaminate or other-
wise be deleterious and harmful to the environment, and
WHEREAS said items collected by the spring clean-up could
be deposited as fill in said lands subject to a permit being
obtained from responsible county or state agencies, which
permit would only be obtainable if said agency determines the
use as herein described is not harmful to the environment
constituted by said lands,
NOW THEREFORE, BE IT RESOLVED as follows:
1. That the Town Engineer and Town Highway Superintendent
be empowered to further investigate the feasibility of said
lands for the purpose heretofore described and that said Town
Engineer report to the Town Board, as soon as possible, the
approximate costs involved in the necessary engineering and
site work and the probable useful life of the site.
Seconded by Mr. Johnson
Motion Unanimously Carried
The following letter was received:
25 Kretch Circle
Wappingers Falls, N.Y.12590
February 8, 1978
Town Board
Town of Wappingers
Mill Street
Wappingers Falls, N.Y.12590
Gentlemen:
On January 26, 1978, the Fleetwood water District experienced
a power outage;first, causing very low water pressure and then
second, a tremendous surge in pressure. This surge caused most
of the valves and faucets in my home to leak, as well as disrupting
heating unit.
On that day I contacted Camo Pollution and the Town Engineer re-
garding this experience. I was informed that a pressure valve
malfunctioned.
I would not expect the town to be responsible for acts of God,
ie: loss of power or water. However# as a responsible taxpayer,
I do expect the town to be liable for failure to have proper
safety precautions on its equipment. We pay enough money for
these safeguards.
I, therefore, request to be placed on the next agenda of the town
board so that I may be reimbursed for plumbing services. A bill
is enclosed.
I thank the board for their prompt action.
Yours truly
s/Jeff Flaxman
661
Mr. Incoronato who resides in Fleetwood verified this happening
in their district. He felt in all fairness, the bill should
be paid.
Mr. Diehl had contacted Camo when this was reported to him,
they checked it out and hopefully remedied the situation.
MR. JENSEN moved to reimburse Mr. Flaxman the amount of $25.00
for the bill to check pressure and valves on his heating
system and replace seals and 0 ring on Delta faucet, this
to be charged to the Fleetwood Water District.
A letter was received from Arthur Waddle, chief, Hughsonville
Fire District recommending that the Town purchase hydrant
markers and distribute them to the Fire Companies for use on
hydrants in their respective districts. The firemen are un-
able to locate them due to the heavy snow piling up.
Mr. Jensen had talked with Mr. Waddle and he indicated that
they would be happy to put up these hydrant markers and thought
the Town could use anti -recession funds to purchase them. Un-
fortunately, Mr. Jensen added, the Fire District is labled
"Special District" and anti -recession funds cannot legally
he used for this use.
MR.JENSEN moved that a letter be sent to Mr. Waddle advising him
that the Town cannot use anti -recession funds for this use and
thank him for his suggestion. A copy should be sent to the other
two fire companies, New Hackensack and Chelsea.
Seconded by Mr. Johnson
Motion Unanimously Carried
The next item was a letter from Maks Etingin, re:deferrment
of inspection fees on Carmel Heights subdivision.
MR. JENSEN Moved that the inspection fees for Carmel Heights
subdivision be deferred at this time at the request of Maks
Etingin and refer the letter to the attorney for his opinion.
Seconded by Mrs. Reilly
Motion Unanimously Carried
062
A letter was received from Stanley Porco, President of Villa
Borghese Restaurant on Widmer Road requesting a refund of
overpaid taxes. He was erroneously included in the Wappinger
Sewer Improvement Area and had paid $334.85 in 1976 and $386.69
in 1977. He checked with Mr. Logan, Assessor and Mr. Lapar,
Engineer and they had concurred with this finding. Mrs. Crosby,
Receiver of Taxes furnished him with these figures from the
Tax Roll.
MRS. MILLS moved that the refund be made to Mr. Porco in the
amount furnished by the Receiver of Taxes, total of $721.54 &
the Comptroller be notified to issue a check after verification
of this matter with the Assessor.
Seconded by Mr. Jensen
Motion Unanimously Carried
The following letters were received:
16 February 1978
Town Board, Town of Wappinger
c/o Town Clerk
Mill Street
Wappingers Falls, N. Y.
Board Members,
Regarding a recent decision by the Board not to adopt
guidelines which would implement Local Law #2 of 1977 (S.E.Q.R.),
the Advisory Council wishes to bring the following to your
attention.
Chapter 252 of Environmental Conservation Law, Section
8-0117, sub -sections 3 and 5 (c), clearly state that the
effective date of coverage for actions which require the
issuance of a permit or an entitlement, was September 1, 1977.
Further, Local Law #2 states that "No decision to carry out
or approve an action shall be made until there has
been full compliance with all requirements of this Local Law
and Part 617 of Title 6 New York Conservation Rules and
Regulations."
It should also be noted that Chapter 252, Section 8-0117,
sub -section 5 states, "Any agency which has not adopted and
published the additional necessary procedures shall
utilize those procedures found in Part 617 for the
purposes of implementing this article until such time as
such agency has adopted and published its own procedures."
It would seem, based upon this information, that any town
agencies issuing permits or entitlements should be enforcing
the provisions of Local Law #2 of 1977.
A copy of Part 617 is attached for your information.
Sincerely,
s/Edward S. Hawksley
Chairman
s 3
February 22, 1978
Town Board
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, New York 12590
Re: Letter of Edward S. Hawksley
February 16, 1978
Gentlemen:
While I'm not sure what is the primary thrust of Mr.
Hawklsey's letter dated February 16, 1978, I would observe
that under the provisions of Chapter 252 of the Laws of
1977, it is not necessary for a local agency such as the
Town to adopt rules and regulations with respect to permits
or entitlements until July 1st, 1978. One exception exists
to this rule,namely, those actions which are "Type I" actions
as definded by the regulations of the Department of
Environmental Conservation. If an applicant were to seek a
permit from the Town for such activity, it would be incumbent
upon him to observe the procedures set forth in Part 617 of the
regualtions of the Department of Environmental Conservation.
I'm not aware of any current applications for Type I activities
in the Town.
Very truly yours,
s/Jon Holden Adams
Corbally, Gartland & Rappleyea
March 9, 1978
Town Board
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, New York 12590
Re: SEQR
Dear Members of the Town Board:
This letter is to further clarify my position with
respect to a question raised by Ed Hawksley, those questions
raising the issue of whether or not the Town is observing the
provisions of its local law passed pursuant to the State
Environmental and Quality Review Act.
Under the provisions of our local law, implementation of
it is only possible in accordPnce with guidelines and regulations
adopted by the town. To date, the town has not adopted such
rules and guidelines. As I have previously indicated, I construe
the provisions of Section 8-0117 of the Environmental Conser-
vation Law to permit the town to defer any action on adopting
procedures for the implementation of our local law until July 1st,
1978. Under such circumstances, I do not believe that the town is
acting outside the provisions of our local law.
Very truly yours
s/Jon Holden Adams
Corbally,Gartland &
Rappleyea
MR. JOHNSON moved to receive both letters and place them on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
664
The following report was received:
Town Board
Town of Wappinger
Mill Street
Wappingers Falls,
Re:
New York 12590
Dear Board Members:
February 15, 1978
New York State
Dept.of Environmental Conservation
Letter dated October 13, 1977
As per the request of the Town Board at its February 14, 1978
meeting, it is our professional opinion that Items 1 through
4 are capital expenses and should be so billed.
Items 1, 2 and 3 should be done as soon as possible and we
agree with Camo Pollution Control, Inc. that Item 4 would
not serve any purpose in that it would be next to impossible
to make it air tight. We, therefore, recommend that this work
should not be done.
Items 5 and 6 were explained to our satisfaction by Camo
Pollution Control, Inc.
Very truly yours
s/Rudolph E. Lapar, P.E.
Mr. Diehl was waiting for a reply from the Attorney. This work
was for the Oakwood Sewer Plant, and it was his opinion and Mr.
Lapar's opinion that this was a Capital Improvement and the
monies could be used from that fund.
MR. JENSEN moved that this letter be referred to the Attorney
to determine if this would be a Capital Improvement.
Seconded by Mr. Johnson
Motion Unanimously Carried
The next report from Mr. Lapar was read:
February 15, 1978
Town Board
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, N. Y.12590
Re: Jack Devine
47 Spook Hill Road
Drainage Questions
Dear Town Board Members:
As per your request at the February 14, 1978 meeting, our
professional opinion is as follows:
The adequacy of publically owned drainage facilities in this
area is delineated in the Townwide Drainage Study,
Phase I as prepared by our office.
Various legal opinions that I have heard during my years of
practice, indicate that a person developing any upstream
property has the right to discharge any waters emanating
therefrom to an existing stream.
665
If one will accept -the advantages of building next to a
a stream tfey must also accept the disadvantages of occasional
flooding.
The Town Board, of course, does have the ability, if dollars
are available, to undertake a comprehensive program to im-
prove entire drainage areas for the benefit of all the resi-
dents.
Very truly yours,
s/Rudolph E. Lapar, P.E.
Engineer to the Town
Mr. Diehl stated that he felt this was an individual problem
and although he recognized these problems the best time to
correct them is when we can help other individualproblems. It
is not a Town oriented problem.
MR. JENSEN moved to receive Mr. Lapar's letter and place it
on file and notify Mr. Devine of this decision.
Seconded by Mrs. Mills
Motion Unanimously Carried
The following report was received from Mr. Lapar:
February 15, 1978
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y. 12590
Re: Water Loss Survey
All Town Water Improvements
and/or Districts
Dear Board Members:
On July 11, 1977, my office forwarded copies of proposals
of the Pitometer Associates for a water waste survey and/or
a listening survey. We have again included same with this
letter.
Based on usage and pumping records compiled during the last
year, we again strongly recommend that this survey be made.
Pitometer called our office about two (2) weeks ago and to
our knowledge, the proposals are still valid.
We agree with Pitometer Associates that the water waste sur-
vey will be much more productive in finding and eliminating
leaks.
The Town should be cognizant that the estimated cost of said
survey does not include such items as a small truck and labor
to operate valves and the cost of constructing five or six
gauging points, etc. as delineated under cooperation by the
Town of Wappinger's section of proposed contracts.
Very truly yours
s/Rudolph E. Lapar
Engineer to the
Central Wappinger Water Imp.
Mr. Johnson commented that the cost would not exceed $7,000 &
since the Town facilities are pumping water at twice the rate
we seem to be using this cost for finding a tremendous amount
of water loss seems to be in order.
1
`666
MR.JOHNSON moved to empower the Supervisor to sign the contract
with Pitometer Associates and prior to signing this contract
refer to Attorney for review.
Seconded by Mrs. Mills
Motion Unanimously Carried
A letter was received from Mr. Hawksley, Chairman of Wappinger
Conservation Advisory Council, in regard to the request of John
Pray to rezone his property. Mr. Hawksley felt that
an envir-
-onmental impact statement would be required prior to approving
a zoning change. However, a letter was received from Mr. Pray
withdrawing his request. There was, therefore no action taken
on this matter.
The following resignation was read:
27 February 1978
Town Clerk
It is with regret that I must resign as a member of the Wapp-
ingers Conservation Advisory Committee. I find that I cannot
devote the proper amount of time to this essential committee.
Please consider this letter as my formal resignation.
s/Mel Zipes
MR. JOHNSON moved to accept Mr. Zipes resignation and direct
the Town Clerk express the thanks of the Town Board for his
services and further moved to recommend the name of Kenneth
Wilkinson to fill the unexpired term of Mr. Zipes and advise
Mr. Hawksley of this appointment.,
Seconded by Mrs. Mills
Motion Unanimously Carried
The following letter was received from Robert Ruit, Building
Inspector and Zoning Administrator:
March 10, 1978
Town Board Members
Mill Street
Wappingers Falls, New York 12590
Re: Taylor Rental Site - Frank Konrad
Dear Board Members:
In accordance with the Site Plan approval and the temporary
Certificate of Occupancy, Mr. Konrad has submitted a final plan
indicating the finished elevations at this site. This plan has
been reviewed and approved by Mr. Lapar, Engineer to the Town.
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I, therefore, offer the recommendation that the Board approve
the issuance of the permanent Certificate of Occupancy.
The proposed and final plans for this for project are on file
at my office.
Yours truly,
s/Robert G. Ruit
Building Inspector &
Zoning Administrator
SUPERVISOR DIEHL moved that Mr. Ruit be authorized to issue
a permanent Certificate of Occupancy to Mr. Frank Konrad of
Taylor Rental.
Seconded by Mr. Johnson
Motion Unanimously Carried
Under Reports of Committees Mr. Jensen reported that the EPA
with the TriMunicipal Commission will be discussing this
week two presentations made by two (2) environmental firms &
sometime after that the EPA jointly with the Commission will
contact one of the firms. This is for the environmental impact
study that the EPA has requested to be done for the Tri -Municipal
Improvement Area.
Mrs. Reilly, on Building Committee reported she had requested
Rudolph Lapar to look into problem with the 35 acre parcel on
Middlebush Road in connection with the proposed Town Hall site
to determine what portion of the land is a wetland area. She
had received a letter from Mr. Lapar saying that it would not
be feasible to do this until sometime in April when the snow
has melted.
Mr. Johnson reported that a letter had been received by the
Highway Superintendent from the Dutchess County Health Depart-
ment concerning spraying. Mr. Horton had received this last
year requesting manpower for the spraying program and as yet
had not contacted the County.
Mr. Johnson also reported that a package of information had
been received by Mr. Jensen from the EPA. He felt that envir-
onmentally the EPA is prepared to make us go round and round.
One document is a memo in 1976 on treatment systems, and if
anyone would care to read how municipal cesspools are the
answers to our problems, they are welcome.
Under unfinished business, the following letter was received:
i6B8
March 3, 1978
Town Board
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, New York 12590
Re: Frances Pierson, Beechwood Circle
Dear Honorable Board Members:
At the last board meeting, you instructed us to review
title documents to ascertain whether or not they contained
any easements for drainage purposes. In reviewing the
County Clerk's records we have ascertained that her deed
(1428/431) contained no reference to any drainage easements.
We also examined the subdivision map (no. 3276) and found
no reservation thereon or provision thereon for drainage
purposes.
I trust the foregoing is responsive to your inquiry.
Very truly yours
s/Jon Holden Adams
Corbally, Gartland &
Rappleyea
MR. JOHNSON moved to receive this letter and place it on file
with a copy sent to Mrs. Pierson and the Highway Superintendent.
Seconded by Mr. Jensen
Motion Unanimously Carried
The following letterwas read:
March 3, 1978
Town Board
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, New York 12590
Re: Competitive Bidding, Sewer Plant Management
Dear Honorable Members:
At the last regular meeting of the Town Board, you requested
our opinion as to whether or not competitive bidding is required
to obtain the services of a qualified operator of the sewage
disposal plants operated by the various improvement districts
within the Town. Under the provisions of Section 103 of the
General Municipal Law, which generally govern competitive
bidding, contracts which entail the rendering of professional
services or special skills are exempt from this provision. There
are numerous opinions of the state comptroller relating to this
subject, including one that held that a county (which is subject
to tie same provisions) could contract with a laboratory for
examinantion of sanitation samples of water. Such examination
is one of the functions which would be performed by the operator
of the sewage disposal plants. Accordingly, it is our opinion
that a contract may be entered into with an individual or
company having specialized skills and professional skills in the
operation of sewage disposal plants without prior competitive
bidding.
Very truly yours,
s/Jon Holden Adams
Corbally, Gartland &
Rappleyea
669
Mr. Diehl reported that Sludge Removal & Chemical Purchases
for the Sewer Plants in the Town were put out bid & published
in last weeks W&SD News and informal bids were sent out from
the Comptroller's office to organizations recommended by Dutchess
County Department of Health.
MR. JOHNSON moved that the letter from Mr. Adams on Competitive
Bidding be received and placed on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Johnson had another item to discuss under unfinished
business, regarding a letter from Mr. Diehl to the Vice President
of Short Line Bus Company dated December 30, 1977 asking for
stops in the Town of Wappinger. Did he ever get a reply?
Mr. Diehl gave a little background on the subject. He had been
informed by some residents that Short Line Bus Company picks up
and discharges passengers in Poughkeepsie and Fishkill, but
goes right through our Town and they have requested him to contact
the Bus Company, as the Supervisor of the Town of Wappinger &
ask for the same service in Wappinger. He agrees now that we have
some businesses on Rte. 9 open all night, we do need more service.
The last letter he received stated that Mountain View Line had
the franchise for this area and would not entertain Short Line
or any other company picking up or discharging passengers in the
Town of Wappinger. A letter from Short Line Company indicated they
would be most happy to perform this service if there would be no
legal entanglements. He will pursue this matter further.
Mr. Incoronato asked about the status of the license on Mid -Hudson
Auto Wreckers, Inc.? Are they still operating without a Salvage
Yard License? Did the Town hold a Public Hearing and if not,
why not?
Mr. Diehl explained there were tremendous legal problems involved.
Our attorney and their attorney are working on it, Mr. Chain is
involved, our Zoning Administrator , Mr. Ruit, is back and forth
to the junkyard checking on violations and the remedies that have
been made on some of them. The Board hopes to resolve it in the
next thirty days.
em
Mr. Incoronato then asked about the b id on the car in the
amount of $4,000. What was it for, who was awarded the bid,
where was the bid submitted to, it just seemed to "come out
of the blue".
Mr. Diehl informed him it was in the budget, explained at the
Budget Hearing, it was legally advertised, the bids are opened
by the Town Clerk in her office, one bid was received and
opened by the Town Clerk from Parsons in the amount of $4,662.00
and the anount budgeted was $5,000.00.. The car would be used
by the Vandalism Patrol.
Mr. Incoronato then questioned why so many cars for the Town.
We have one patrol car, the Supervisor has a car and the Assessor
has a car. He assumes they are not always being used at the
same time, why not use a pooling system.
Mr. Diehl interrupted him to inform hin of the actual facts of
the usage of the cars. The Supervisors' car is used by the patrol
in emergencies, the Assessor's car is also flexible in its use.
Secondly, the patrol car should be a heavy duty car, which the
one they are using certainly is not.
Mr.Jensen further explained that the patrol car now in use was
an abandoned vehicle which the Town had acquired at a minimum
cost. This car, a Toyota, certaijly did not fit the needs of
the patrol and at budget time this was discussed. The patrol
goes into rough areas and the car was not made for this abuse.
It did not make sense to keep pumping dollars into it. Communi-
cation is important to this patrol and to install this in the
other cars would be too expensive.
It is a possibility at this time, Mr. Diehl interjected, that
the Building Inspector's truck would be used by the Dog Warden
and the Building Inspector would take over the Toyota so they
will all be in use.
Mr. Incoronato went further into the subject and asked if this
patrol was paying for itself in cutting down vandalism. We were
expending $10,000 for this service, is it worth it?
The answer from the Supervisor was that the records come in every
day and are available for any one inspect. They do manage to get
into the recreation areas although sometimes they need assistance
to get out. They get close enough to the water & sewer plants to
671
spot trouble, which they have reported to the Sheriff's Office,
they travel many roads on their way back and forth to the areas
they patrol and have provided assistance on these road and have -been
alert for other problems that have occured. They have provided
assistance in medical problems on the road.
Mr. Johnson further reported they had found doors opened at
Ketcham High School and prevented great losses there. He brought i
up other instances, all on record.
Under new business Mr. Jensen referred to a communication from
Mayor Kennedy of the City of Poughkeepsie to the Financial and
Judiciary Committe of Dutchess County Legislature requesting
an increase of 2% in sales tax for municipalities outside the
City Of Poughkeepsie so it would be the same throughout the County.
MR. JENSEN moved that the Town Board go on record that they are
against this proposal and a letter be sent to Financial &
Judiciary Committee of the Dutchess County Legislature, carbon
copy to our Legislators and a recommendation for a reviewal of a
deduction of the present tax.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mr. Johnson,under new business had requested the new Wappinger
Legislators of Dutchess County Legislature to keep us updated
on resolutions and items of business relating to us at their
meetings. Jim Pagones would be sending us each month a list
of all -resolutions in front of them and in his cover letter
said he would be happy to furnish us with additonal information
if we so desire. In reviewing these resolutions from the Feb.
15th meeting, Resolution #42, entitled Entitlement of Land on
Myers Corners Road in Town of Wappinger and he requested the
Town Clerk to contact Mr. Pagones for additional information on
this resolution.
MR. JOHNSON moved to direct the Engineer to make an informal
study on a drainage project for Bel -Aire Lane to determine
costs to solve the drainage problems there.
Seconded by Supervisor Diehl
Motion Unanimously Carried
MR. JOHNSON moved to adjourn the meeting
Seconded by Mrs. Mills
Motion Unanimously Carried
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