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1977-01-10 RGMt TOWN OF WAPPINGER JANUARY 10, 1977 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. REPORTS OF OFFICERS Supervisor Town Justices Building Insp. t A*vew.4 76 Zoning Administrator Semi -Annual Historians Report Planning Board. Year End Report 4. RESOLUTIONS Re ce.p'f 8-5-77 ,K Qa. 2cdeinz{,o,..% A 1. Local Law repealing the exemption on Real Property provided by Sect. 485-b of Real Property Law 2. Authorize Attorney to execute Satisfaction of Judgement - Nattin Realty, Inc. 3. Recreat'on Bids - Resurface Tennis Courts wece*.ucc o-Toc�eS. 5. PETITIONS .& COMMUNICATIONS a. E. Hawksley re: acceptance of Annual Conservation Adv. Report b. R. E. Lapar re: Inspection of Water Storage Tanks c. R. E. Lapar re: Oakwood S.T.P. Biodiscs - Spare Parts d. Association of Towns: Designate Representative & Alternate to Annual Association Meeting e. Grant permission for Town Officials, Officers & employees to attend Association of Towns Meeting - Feb. 21-23, 1977 • 4 . kAoFivn - �'� * ie 1ci.d 6. COMMITTEE REPORTS `� lopc'r lona Rol L._ 0 leAt A 4wta,. reso\vesem C -41 -ter 7. UNFINISHED BUSINESS a. Zoning Board of Appeals - Signs b. Zoning Board of Appeals - Special Use Permits c. Planning Board - Site Plan approval & Special Use Permits d. M. Ryan - Remote Water Meter Readout Connections, e. Planning Board re: Myers Corners Rd. &ARte 9-- improvements f. Peddlers License Applications-'Lawrence'i& Palmer - Antiques . Atexand.er _£0en5t4 9., 4k cor Arantorc_ 8. NEW BUSINESS 9. ADJOURNMENT 2 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on January 10, 1977, at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Pursuant to the "Open Meetings" Law all news media were notified directly after the Town of Wappinger Reorganizational Meeting of the time and dates established for the Regular Bimontly meetings of the Town Board for the year 1977; and in addition, legal notices containing the same information were placed in the Beacon Evening News, W & S D News (Southern Dutchess News) and the Poughkeepsie Journal along with a notice containing this information placed on the Town Clerks Bulletin Board. Deputy Supervisor Clausen opened the meeting at 8:09 P.M. Present: Louis Clausen, Deputy Supervisor Leif Jensen, Councilman Nicholas, Johnson, Councilman Frank Versace, Councilman Elaine Snowden,. Town Clerk - Absent: Louis Diehl, Supervisor Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town Reports for the month of December were received from the Supervisor, Town Justices, Building Inspector and Zoning Administrator. The Annual Year End Report of the Building Inspector and Planning Board and Biannual Report from the Town Historian were also received. MR. JOHNSON moved that all reports received, both for the month of December and the Year End and Biannual, be accepted and placed on file. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays The Town Clerk informed the Board that she had received the 23 resignation of Victor Fanuele from the Zoning Board of Appeals. MR. CLAUSEN moved Mr. Fanuele's resignation be received with thanks and placed on file. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays A Local Law providing for the repeal of the 50% exemption on Real Property, as provided by Section 405-b of the Real Property Tax Law was placed before the Board for their consideration. The following letter was received: January 10, 1977 Elaine Snowden, Town Clerk Town Board Members Re: 50% Tax Exemption new construction, Resolution available Jan. 10, 1977 meeting. Dear Elaine and Town Board Members: I, for one, and no doubt others, have full intention of denying (voting no) for this exemption and in.fact had a Resolution prepared by our Attorney as such for the January 10, 1977 meeting. As of this date I have reservations and would not vote for or introduce said resolution. As I understand we do have until March 1977 to pass resolution if it is the Town's intent. My reason for a turnabout is: Example, if the Towns of Fishkill, Poughkeepsie, East Fishkill and Village of Fishkill do not also deny this we would be in the middle of all munici- palities who allow the tax deduction and they would profit by expansion, tax relief and development. In this case if this be true any and all businessess, I.B.M., Texaco, Fairchild etc. would certainly build their new a&pansions in one of the above municipalities. Why not, any of them are within a matter of a couple of miles and/or minutes from Wappinger. No matter what business it be, this matter of a few miles or minutes would take away the business from any existing already in the Town of Wappinger. I do not believe we can protect any businessess now in Wappinger with such small distance involved. I have asked the Presidnet of the Wappinger Chamber of Commerce to advise me of the Chamber's feelings and also have asked Norman Nussbickel, President to investigate Beacon, Fishkill and Town of Poughkeepsie chambers on this situation in their municipality. He advised me this he would do and in turn would forward information to me. Please feel free to make your own and check. Very truly yours, s/ Louis D. Diehl, Supervisor itr MR. JENSEN moved to receive Supervisor Diehl's letter and place it on file. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays MR. JENSEN moved to table action on the Local Law Repealing the Exemption on Real Property. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays The following resolution was introduced by COUNCILMAN VERSACE who moved its adoption: WHEREAS, Nattin Realty, Inc. previously commenced two actions against the Town of Wappinger, its employees, and Town Board members, and and WHEREAS, one of such actions was to annul a zoning change, WHEREAS, the second such action was for damages caused by such zoning change, and WHEREAS, the first action was determined in the Town's favor in the Court of Appeals, and WHEREAS, the second action is still pending, NOW, THEREFORE, BE IT RESOLVED that the attorney to the Town is authorized to execute a satisfaction of judgment for costs in the first above action upon the presentation of stipulations of discontinuance with prejudice in the second action. Seconded by: Councilman Jensen Roll Call Vote: Deputy Supervisor Clausen Ave Councilman Jensen Ave Councilman Johnson Ave Councilman Versace Ave Supervisor Diehl Absent Bids were solicited for the resurfacing of the Martz Field Tennis Courts. These bids were received and opened on December 9, 1976. The following recommendation was received: 's 25 December 21, 1976 Town Board Mill Street Wappingers Falls, N.Y. Gentlemen: The Town of Wappinger Recreation Commission has received two bids for the resurfacing of the Martz Field Tennis. One in the amount of $7,090.00 from the Vestull Company and one in the amount of $4,338.00 from Blacktop Maintenance Corporation. The Commission recommends that the bid be awarded to Blacktop Maintenance Corporation. Sincerely, s/ Hugh J. Maurer, Chairman MR. JENSEN moved to award the contract to Blacktop Maintenance Corp., as low bidder, at $4,338.00 for the resurfacing of the Tennis Courts at Martz Field per the specifications, and further that the Recreation Commission notify Mr. Lapar when they were ready to start work on resurfacing. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays Mrs. Crosby, Receiver of Taxes had requested a Deputy Receiver of Taxes be appointed. MR. JOHNSON moved to establish the office of Deputy Receiver of Taxes, pursuant to Section 20 Paragraph 3C of the Town Law. Seconded by Mr. Jensen. Roll Call Vote: 4 Ayes 0 Nays The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: Be it resolved that Norma O'Rourke is hereby appointed Deputy Receiver of Taxes of the Town of Wappinger to serve at the pleasure of the Town Board. Seconded by: Councilman Jensen Roll Call Vote: Deputy 8apervisor Clausen Ave Councilman Jensen Ave Councilman Johnson Ave Councilman Versace Aye Supervisor Diehl Absent 26 The following letter was received: 20 December 1976 Town Board, Town of Wappinger c/o Town Clerk Mill Street Wappingers Falls, N.Y. Gentlemen, It is my pleasure, on behalf of the Conservation Advisory Council, to forward for your acceptance our 1976 annual report. This year, first as co-chairman and later as chairman, has been an interesting and challenging experience. I am sure that in 1977 this council can continue to be of assistance to you. Sincerely, s/ Edward S. Hawksley, Chrmn. T/W Conservation Advisory Council MR. JENSEN moved to receive and place on file the 1976 Annual Report submitted by the Conservation Advisory Council. Seconded by Mr. Clausen. Roll Call Vote: 4 Ayes 0 Nays Mr. Hawksley, being recignized by the Chair, voiced concern over the technicality of receiving and, accepting this report. He urged it be accepted. Mr. Clausen indicated it had been received, but if an acceptance was necessary it would be again considered at the next Board meeting. The following report was received: December 17, 1976 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Inspection of Water Storage Tanks Town of Wappinger Gentlemen: Recently you received the inspection report from Caldwell Tank, Inc. Some time in the near future we should discuss these recom- mendations and how the Town will go about having repairs 22 or improvements done to these tanks. Fortunately, our most important 1,000,000 gallon tank in the Central Wappinger Water Improvement Area is in good conditions. Since some of the minor problems therein, can easily be taken care of by Camo Pollution, Inc., I am taking the liberty of sending a copy Qif this report to them. Thank you. Very truly yours, s/ Rudolph E. Lapar, P.E. Mr. Lapar elaborated that there was some repair and painting needed on the Rockingham and Tall Trees tanks. The Tall Trees tanks that happen to be a problem. These tanks would most probably have to be shut down for several days, and the resi- dents informed beforehand whenever this work were to be done. It would probably be in May. MR. JENSEN moved to receive Mr. Lapar's report on the Water Storage Tanks and place it on file for future action. Seconded by Mr. Johnson. Roll Call Vote: 4 Ayes 0 Nays The following report was received: December 21, 1976 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Oakwood S.T.P. Biological Discs - Spare Parts Dear Board Members: As per your request this office has attached the manufacturer's recommended spare parts list for the above referenced project. If there are any questions please contact. me. Very truly yours, s/ Rudolph E. Lapar The Board concurred it was in the best interest of the residents to have these parts on hand. MR. JENSEN moved that the recommended spare parts be purchased from Envirodisc Corp. and that $1,019.00 be allocated from Wappinger Sewer Improvement #1 for the spare parts for the biodisc for future emergencies and/or breakdowns. Seconded by Mr. Clausen Roll Call Vote: 4 Ayes 0 Nays In answer to Mr. Clausen's question, Mr. Lapar indicated these parts could be stored on the site (Oakwood STP) and upon receipt of a letter from the Town Clerk would then be responsible for allocating the spare parts, and also would check when they were delivered, received and are correct. Communications were received from the Association of Towns and a request for the Representative and Alternate to the Annual Business Meeting of the Association be designated. MR. VERSACE moved that Mr. Clausen be designated as the Town of Wappinger representative to the Annual Business Meeting of the Association of Towns and Mr. Johnson be designated as the Alternate. Seconded by Mr. Jensen. Roll Call Vote: 4 Ayes 0 Nays The matter of granting permission to those officials, officers, employees etc. wishing to attend the Association of Towns meeting Feb. 21 - 23, 1977 was discussed. MR. JOHNSON moved that permission be granted to all officials, officers, employees, members of all Boards, Commissions and Councils wishing to attend the Association of Towns Meeting in February, and that their legitimate expenses be a Town charge; and further, due to bedgetary constraints, that the various Boards and officials and officers , with the exception of elected officials, be advised that there are sufficient funds available for attendance at only one such meeting this year for these members, and if they choose the Association of Towns meeting, they will not be granted permission to attend subsequent meetings, (such as the Planning Federation Meeting), local 1 day Seminars that do not require overnight accommodations excepted. Seconded by Mr. Versace Roll Call Vote: 4 Ayes 0 Nays The following memo was received: Memo To: From: Dated: Subject: Town of Wappinger Town Board William P. Horton January 6, 1977 1977 Bids With the contract year rapidly drawing to a close in so far as highway materials are concerned, I respectfully request permission to bid for various highway materials to be used this year. I also request permission to bed for the one -ton roller with trailer, as monies wereprovided in my budget for this item. MR. JENSEN moved that permission be granted to Mr. Horton, Highway Superintendent to bid for various highway materials and a one -ton roller with trailer. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays The following letter was received: Jan. 5, 1977 Supervisor Louis D. Diehl Town of Wappinger Mill Street Wappingers Falls, N.Y. Dear Supervisor Diehl: Enclosed please find copies of my correspondence with Mrs. Charles D. White, presently of Cold Spring, whose husband originally named this road in honor of John MacFarlane --a newer owner of the Old Pulling Farm. We would like to see the name correctly listed --on street signs and maps --with the correct spelling of "MacFarlane". I might emphasize that we do not seek a name change -- only a correction. This should not (I should think) require a public hearing. If you deem it necessary, I will be willing to go out and obtain signatures on a petition, from long-term residents, for this correction. 3o If necessary, I stand ready and willing to pay your costs for new street signs out of my own pocket. The enclosures are self-explanatory. Please advise the undersigned how best to proceed with this project. Thank you for your attention to all this. Very cordially yours, s/ John to. Sloper MR. JOHNSON moved to refex Mrs. Sloper' s request to the Highway Committee for their review and recommendation. Seconded by Mr. Versace Roll Call Vote: 4 Ayes 0 Nays The following report was received: January 6, 1977 Memo To: Town Board Members From: Louis D. Diehl, Supervisor Re: Problems with Fleetwood Water A letter was sent to the Residents of the Fleetwood Water District asking them to choose three (3) avenues of pursuit to correct the present problems with the Water. The following is an update of the poll: We have received 50 responses altogether. Twenty -Nine (29) were for number three (to establish a cost of a filter system at the well site and pumping station to eliminate sulphor odor and/or foreign materials from system and what guarantee this filter system will provide). The other twenty-one(21) wrote that they would prefer the water to be left alone. Very truly yours, s/ Louis D. Diehl Supervisor MR. JOHNSON moved to receive Mr. Diehl's report and place it on file. Seconded by Mr. Clausen Roll Call Vote: 4 Ayes 0 Nays Mr. Clausen requested the Town Clerk to send a letter to the President of the Fleetwood Civic Association and/or Mr. Incoronato with the direction that the Town Board would like him to disseminate this information among the Fleetwood resi- dents. Under Committee Reports, Mr. Versace touched on the subject of the proposals submitted by Engineers for Wappinger Sewer Improvement #3 and he now would like to set up a workshop. meeting with the Board on these proposals. MR. VERSACE moved that a workshop session for the Town Board members be scheduled for January 17 at 7:00 P.M. at the Town Hall to go over the engineering proposals for Sewer #3. Seconded by Mr. Clausen. Roll Call Vote: 4 Ayes 0 Nays Mr. Jensen reported on a water main break in the Hilltop section several weeks ago and the wells got somewhat pumped out because of this. It indicates once again that these wells should be reworked, or regenerated. MR. JENSEN moved that Mr. Lapar be directed and authorized to rebid for the refurbishing of those wells at Hilltop. Seconded by Mr. Johnson. Roll Call Vote: 4 Ayes 0 Nays MR. JOHNSON moved to table to the next meeting items 7a, b, c under unfinished business, as there were no reports on them. Seconded by Mr. Clausen Roll Call Vote: 4 Ayes 0 Nays MR. CLAUSEN moved that the memo from Mr. Ryan regarding connection of remote meter readers be referred to the Water and Sewer Committee. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays The following memo was received in answer to a Planning Board memo concerning the subject of extending the west bound lane of Myers Corners Road (as it leads off Route 9) moving a telephone pole and the grade of the road. Memo To: Town of Wappinger Town Board From: William P. Horton, Superintendent or Highways Dated: January 5, 1977 Subject: Referral of Planning Board memo dated Dec. 6, 1976 I concur completely with the recommendations of the Planning Board contained in their memo of 12/6/76. However, it is very likely that neither department has monies available for this project. MR. JOHNSON moved to receive Mr. Horton's memo and forward a copy of same to the Planning Board. Seconded by Mr. Clausen Roll Call Vote: 4 Ayes 0 Nays Applicatians had been received from Mr. Lawrence and Mr. Palmer, and upon request of the Town Board for further clarifi- cation, the following letter was received: Mr. Thomas A. Palmer 76 Main Street Schaghticoke, N.Y. Town Clerk's Office Mill Street Wappingers Falls, N.Y. G-ntlemen: Mr. Richard M. Lawrence 2717 -5th Ave. Trvy, N.Y. On Dec. 13, 1976, Richard M. Lawrence and I requested thtt the Town Board of the Town of Wappinger approve and give us a Peddler's License for buying antiques and used items. We would like to clarify our request. First of all, we do not sell door to door. We buy door to door. It is important to remember that we bring revenue into the community. Secondly, we want the Town Board to know that we will only be buying in the Town of Wappinger between the hours of 9 AM and 4 PM approximately one day a month. Of course, we are sure the Town Board would like to know how we intend to sell the items we purchase. We will sell many of the items we purchase at flea markets but the majority of the items purchased will be sold in our own area. What do we buy? Well, we buy old furniture, old clocks, lighting fixtures, old advertising items, etc. We have stated the items we are interested in buying on our business cards. The Town Board may also be interested in knowing that on Dec. 7, 1976, Richard M. Lawrence and I were approved and and issued Vendor's Licenses in the City of Poughkeepsie. We look forward to hearing from you. Yours truly, s/ Thomas A. Palmer Richard M. Lawrence MR. CLAUSEN moved to approve the applications and grant Mr. Thomas A. Palmer and Mr. Richard M. Lawrence licenses for Hawking & Peddling in the Town of Wappinger. Seconded by Mr. Versace Roll Call Vote: 4 Ayes 0 Nays The following letter was received: January 4, 1977 Mrs. Elaine Snowden, Town Clerk Town of Wappinger, Town Hall Mill Street Wappingers Falls, N.Y. Dear Mrs. Snowden: It is our wish to inform you that we are pleased to extend for another six months our low bid of $233,116.00 for the "Ardmore Hills Water Improvement contract". At any time during this period we shall be happy to sign a contract for the above amount and start work at once weather permitting. Your assistance in bringing this matter to the attention of Supervisor Diehl and the Town Board will be appreciated. Yours truly, s/ David Alexander, Pres. MR. JENSEN moved to accept Dave Alexanders' offer to extend, for another six months, his bid of $233,116.00 for the Ardmore Hills Water Improvement Contract, and place it on file. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays Mr. Hawksley, being recognized by the Chair, under New Business, stated that the.. Conservation Advisory Council has cooperated with Fishkill's Conservation Advisory Council in testing of Sprout Creek. It's done semiannually, in the Spring and Fall, and 34 unfortunately had received the bill too late for submission at last months meeting, (date of receipt 12/16/76). The way it works is we pay the bill in full and get reimbursed 50% from the County. This testing amounts to $100, and since it could not be introduced last year under the budget, he asked that it be paid out of Contingency. Mr. Jensen asked if he had anything in the budget for it this year, and Mr. Hawksley answered by saying that his budget had been cut down pretty drastically. MR. CLAUSEN moved that the correspondence and bill for the Conservation Advisory Council be sent to the Comptroller for his recommendations and/or payment andnotify the Town Board as to what the conclusion is in this matter. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays Mr. Mills, being recognized by the Chair, stated that last month some Wildwood residents appeared before the Town Board requesting information on the Wildwood Sewer District. They were promised they would get the information requested, and to date it has not been received. This was information on the O&M costs. Mr. Johnson was of the opinion, from information from the Supervisor that it had been prepared by the Comptroller and sent out the end of last week. MR. CLAUSEN moved that the Town Clerk send a letter to the Comptroller, Mr. Ryan, indicating that Mr. Mills, this evening, and Mr. Landolfi at the last meeting, have again requested all information regarding the sewer rates as they are being charged this year has not received, and he be directed to send to the residents of Wildwood all necessary information immediately, in care of Joseph Landolfi. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays Mr. Mills also asked if any decision had been made regarding the Special Use Permits, and he further urged the Board to appoint a Chairman to the Planning Board as soon as possible. Bernice Mills, being recognized by the Chair, questioned if there were provisions for spare parts for the Wildwood Sewer Plant and if not, why not. If other districts have them, why not include the Wildwood Plant for precautionary measures. Mr. Clausen questioned whether the Board had directed Mr. Lapar to look into spare parts for all of the various plants or not, but it should be considered. He also asked if there was an inventory list, where the parts are and who has them. Mr. Lapar believed probably Camo, as it was their responsibility. MR. CLAUSEN moved that the Engineer to the Town and the operators, Camo Pollution Control, Inc. be asked for a list of spare parts that are on hand, and a list of recommended spare parts to be purchased for each of the plants in the event of a breakdown or emergency. Seconded by Mr. Johnson. Roll Call Vote: 4 Ayes 0 Nuys d d Mr. Clausen touched on a problem that had been discussed by the Board prior to the meeting, and that was filters for in- house water systems, namely Mr. Ofek on Deer Run Road. Mr. Ofek had said that in the past Mr. Schuele had purchased and installed these sand filters. This is the first instance where the Town has been asked either to purchase and/or install them. 410 The existing policy only relates to purchase of pumps. There is no knowledge of how many of these sand filters are in exist- ence and it would be a new policy if the Town purchased and installed any unit such as this. Mr. Clausen would have nothing against purchasing these filters, but the installation is a little tricky, and keeping the policy ofpurchasing and not installing would be his position. Mr. Versace questioned what the cost of these filters wpuld be and what would be the cost of installing them, if the residents can install them themselves or if it would take professional installation. This should be checked out. Was there any way of knowing how many homes had these filters prior to the purchase of the system by the Town? MR. CLAUSEN moved that the Comptroller be authorized to pur- chase, on behalf of the Town, a filter for Mr. Ofek, 21 Deer Run and have Mr. Ofek install the filter himself at his own expense and further that Camo Pollution Control Inc. verify the fact that the filter was there when the Town purchased the water system. Seconded by Mr. Jensen. Roll Call Vote: 4 Ayes 0 Nays Mr. Diehl had received a letter from Herman Osten which Mr. Clausen read. In it Mr. Osten commented on newly installed signs along Route 9 saying "Wrong Way", it had appeared to Mr. Osten these signs were very easily read when going the right way and sees confusion if read improperly. MR. CLAUSEN moved that the Town Clerk send a copy of Mr. Osten's letter to the New York State Department of Transportation and recommend they investigate the placement of these signs, to see that any serious accidents can be prevented. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays Mr. Jensen indicated a letter had been received from the Allison Corp. regarding the water needs they might have. MR. JENSEN moved that this letter addressed to Mr. Diohl dated Jen. 5, 1977, be forwarded to the Attorney to the Town to follow it up with Mr. Hecht to set up whatever meetings are necessary to effectuate this project. Seconded by Mr. Johnson Roll Ball Vote: 4 Ayes 0 Nays 37 There being no other business to come before the Board, the Chair entertained a motion to adjourn. MR. JOHNSON moved that the meeting be adjourned, seconded by Mr. Clausen and carried. The meeting adjourned at 9:23 P.M. Reg. Mtg. 1/10/77 Elaine H. Snowden Town Clerk