1976-12-13 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
DECEMBER 13, 1976
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. ACCEPT MINUTES Reg. Monthly Meetings Sept. 27, 1976 - Oct. 12, 1976
Nov. 8, 1976 - Nov. 22, 1976
Special meetings Oct. 4, 1976 - Nov. 23, 1976
4. REPORTS OF OFFICERS
Supervisor Town Justices Rec. of Taxes Bldg. Insp. Zng..Adm.
5. RESOLUTIONS
Local Law #4 (Wappinger S. Imp. #1)
Local Law #5 (Fleetwood Sewer Dist.)
Deed & Maintenance Bond, Merritt - Moccasin View Rd.
Deed & Maintenance Bond, Scofield - Brook Place
6. PETITIONS & COMMUNICATIONS
a. Applications for Peddlers Licenses - Palmer & Lawrence
b. Sheldon Kantor, Ardmore Dr. - need of a Sewer ejector pump
c. Letter from Zoning Bd of Appeals re: request T/Bd. grant them
power to review & issue Special Use Permits
d. Letter from Planning Bd. re: request T/Bd grant them power of
site plan approval & Special Use Permits
e. Robert Cahill, Beacon Mayor, re: update of Engineering studies
of the Fishkill Creek Drainage Basin
f. M. Ryan re: expenditures of Anti -recession fund
g. T. Logan attendance at Conference on Assessment Adm. Jan. 9-12-77
h. Gerald Kreisberg re: Inspection Fees for Primrose Hill Dev.
i. Barbara Collins Dellava re: Voluntary Action Center Funds
j. T/Justice Francese re: New Quarters of Justice Ct.
k. E. Hawksley re: offer to provide assistance w/ implementation of
Wetlands Act.
1. M. Ryan re: connection of Remote Readers (Water Meters)
m. Memo from Planning Bd. re: Myers Corners & Rte9 improvements
n. Michael Hlinka re: request for return of $80.00 cash bond for
Road opening Permit
o. Ralph J. Rosmilso requests Soil Mining Permit
p. Elwood E. Wiggen re: Sewer Hook-up as Tenant of RFSD
q. R. E. Lapar Reports:
1. Oakwood Knolls STP Size reduction of Primary Clarifiers
2. CWW Imp. Contract #4 - K & A final payment
3. CWW Imp. Contract #6 - Lombardi final payment
4. WS Imp.#1 Contract #2 re: Rebena seeding J. Schneider
easement
5. Oakwood Knolls STP - Informal bids on Solonoid Valves &
Timers
6. Wappinger Water (Sewer) Improvement #1 Contract #3 - K & A
final retainage payment
7. COMMITTEE REPORTS
Supervisor Diehl Report on Fleetwood W. Dist. - Answers to question
of water problems
8. UNFINISHED BUSINESS
a. Mr. Diehls letter to T/Fishkill re:Dutchess Pk. w/ R. Lapar Report
b. James Spratt re: Maintenance of Traffic Lights
c. Vacancy on Conservation Adv. Council
• d. N.Y.S. Dept of Health letter of intent re: A-95 Project #14191
e. Zoning Board of Appeals recommendation for sign size
9. NEW BUSINESS
10. ADJOURNMENT
411
The Regular Bimonthly Meeting of the Town Board of the Town of
Wappinger was held on December 13, 1976 at 8:00 P.M. at the Town
Hall, Mill Street, Wappingers Falls, New York.
Supervisor Diehl called the meeting to order at 8:19 P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Others Present:
William Horton, Highway Superintendent
Rudolph Lapar, Engineer to the Town
The Minutes of the Regular Monthly Meetings of September 27, 1976,
October 12, 1976, November 8, 1976 and November 22, 1976, and the
Special Meetings of October 2, 1976 and November 23, 1976, having
been previously sent to the Board members, were now placed before
them for their approval.
MR. CLAUSEN moved the September 27, October 12, November 8 and
November 22, 1976 Regular Monthly Meetings and the Special Meetings
of October 4 and November 23, 1976, as submitted by the Town Clerk
be and they are hereby approved.
Seconded by Mr. Johnson.
Motion Unanimously Carried
Reports for the month of November were received from the Supervisor,
Town Justices, Receiver of Taxesfor November and December, Building
Inspector Inspector and Zoning Administrator.
MR. CLAUSEN moved to accept the reports from Supervisor, Town Justices,
Receiver of Taxes, Building Inspector and Zoning Administrator and
place them on file.
Seconded by Mr. Jensen.
Motion Unanimously Carried
4 2
At this point, Supervisor Diehl interrupted the Agenda to entertain
questions from the residents from Wildwood in attendance. Mr. Diehl,
referring to a letter he had addressed to Mr. Landolfi, explained
some of the figures presented in it. He then opened the meeting
to questions from the floor.
Mr. Landolfi asked what the $35,000 O&M costs consisted of and
asked if there had been some new tests imposed on the Town since
the system was purchased from Lafko, since these projected costs
seemed excessively high. Brief explanations were given by Mr.
Diehl.
Mr. Mills stated he had no argument with the Benefit Assessment
Charge, it was the O&M that had them hung up here. Mr. Diehl
commented the costs of Camo Contract was one of the factors plus
allowances for breakdowns - inflation of chemicals is another
contributing factor.
Mr. Landolfi questioned amounts listed for breakdowns, as he felt
the plant had, in past years, operated very efficiently. Mr. Mills
asked for a more complete breakdown of the Wildwood Sewer District
expenses. There was further discussion of the expenses and charges,
comparisons between what Lafko might have been able to charge had
he continued to own and operate this plant, and evolved into
theoretical discussion on what happens when Tri -Municipal becomes
a reality, and other hypothetical situations. Discussion ended
with a suggestion from Mr. Rifkin that some of the Town's retirees
be contacted to build a Town operation. Mr. Diehl indicated any
recommendations would be considered.
SuperYisor Diehl recognized John Armstrong, County Legislator,
who was seated in the audience and asked him if he had anything
he wished to address to the Board. Mr. Armstrong indicated he had
nothing, but would answer questions from the floor if there were any.
There were none.
413
Mr. Diehl then declared a return to the normal items on the
Agenda.
Public Hearings having been held on 2 Local Laws amending Local
Laws of 1975, on December 9, 1976, the matter was placed before
the Board for their consideration.
Mr. Diehl directed the Local Law on the O&M Rates for Wappinger
Sewer Improvement #1 be tabled.
MR. DIEHL moved to adopt Local Law #4 of the Year 1976 Amending
Local Law #8 of the Year 1975, Establishing the Rates for the
Fleetwood Sewer District.
Seconded by Mr. Jensen.
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Aye
Councilman Johnson Aye
Councilman Versace Aye
Supervisor Diehl Aye
A Local Law Amending Local Law NO. 8 of 1975.
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. Section 1 of Local Law #8 of 1975 is hereby
repealed.
Section 2. The following rates shall be charged for the
Fleetwood Sewer District, effective January 1, 1977:
$1.99 per 1,000 Gallons
Section 3. This Local Law shall take effect upon adoption
and as provided in the Municipal Home Rule Law.
Two letters were received from Bernard Kessler, representing
Leslie B. and Marilyn J. Merritt, Moccasin View Road, who have
subdivided a portion of their property and have offered to dedicate
portions of land to the Town for highway purposes. Forwarded were
both Heed and Maintenance Bond for Town Board acceptance.
William Horton, Highway Superintendent recommended accetpance of
both Deed and Maintenance Bond (in the amount of $2,767.00).
MR. CLAUSEN moved to accept the recommendation of the Highway
Superintendent and accept the Deed and the Maintenance Bond for
that portion of Moccasin View Road dedicated and offered by
Leslie B. and Marilyn J. Merritt, subject to the approval of
the Attorney to the Town.
Seconded by Mr. Jensen.
Motion Unanimously Carried
A Maintenance Bond, in the amount of $6,083.60, and a Deed were
received from Norman Scofield for Brook Place.
Mr. Horton, Highway Superintendent indicated that Mr. Scofield had
completed this road (Brook Place) and recommended acceptance.
MR. CLAUSEN moved to accept the recommendation of the Highway
Superintendent and accept the Deed and Maintenance Bond for Brook
Place offered by Mr. Norman Scofield, subject to the review of
the Attorney to the Town.
Seconded by Mr. Versace
Motion Unanimously Carried
A letter was received from Peter P. Tavolacci, Attorney for
Stanley P. Ford and Richard L. Rapp developers of Naro Subdivision,
who offered a Deed for Joan Lane and Paulette Lane, two roads in
this subdivision, and further requested a reduction of the Road
Bond from $45,000 to the Maintenance Bond of $9,090.
Mr. Horton recommended the Road Bond be reduced to a $9,000
Maintenance Bond, and further to acdept the Deed for the roads
known as Joan Lane and Paulette Lane.
MR. CLAUSEN moved to accept the recommendation of the Highway
Superintendent and accept the Deed for Joan Lane and Paulette
Lane, in the Naro Subdivision, and further approve the reduction
of the Road Bond to a $9,000 Maintenance Bond, subject to the
review by the Attorney to the Town.
Seconded by Mr. Jensen.
Motion Unanimously Carried
41 5
Mr. Diehl had recommended that the proceedure and policies for
obtaining Building Permits be reaffirmed by the Board and the
matter was placed before them for consideration. After brief
discussion, it was directed to hold the subject matter temporarily.
The following memo requesting transfers was received from the
Comptroller:
-. December 13, 1976
MEMO TO: Town Board Members
FROM:
RE:
500.00
850.00
171.00
2,000.00
785.00
175.00
248.08
45.78
25.00
Comptroller's Office
Transfers
Please make the following transfers to cover overexpended accounts.
MID POINT PARK
100.00
300.00
1,000.00
1,000.00
FLEETWOOD
95.50
1,050.00
FROM
Comptroller's Equipment. A1315.2
Tax Collection Equipment A1330.2
Elections Equipment A1450.2
Surety Bonds
Contingency
Contingency
Contingency
Publicity
Contingency
Administration Equip.
Administration Contractual
Sewage Collecting System
Sewage.Treatment & Disposal
SEWER
A1910.431
A1990.4
A1990.4.
A1990.4
A6410.4
B1990.4
SS8110.2
SS8110.4
SS8120.2
SS8130.2
Administration Contractual • SS8110.4
Debt Service Budget Notes Prin.SS9750.6
ROCKINGHAM SEWER
300.00
2,300.00
4,000.00
Administration Equip.
Sewage Collecting System
Sewage Collecting System
WILDWOOD SEWER
200.00
340.00
2,000.00
FLEETWOOD
350.00
33.34
Administration Equip.
Administration Contractual
Debt Service BAN Principal •
SS8110.2
SS8120.2
SS8120.4
SS8110.2
SS8110.4
SS9730.6
WATER
Debt Service Prin. Bud. Notes SW9750.6
Administration Pe:rson.Per.Ser. SW8310.1
TO
Comptroller's Contractual
Tax Collection Contractual
Elections Contractual
Buildings Contractual
Central Communications
Central Data Processing
Tax Collection Contractual
Tax Collection Contractual
Debt Service Int. Ser. Bds.
Sewage Treatment & Disposal
Sewage Treatment & Disposal
Sewage Treatment & Disposal
Sewage Treatment & Disposal
Sewage
- Sewage
Treatment &
Treatment &
A1315.4
A1330.4
A1450.4
A1620.4
A1650.4
A1680.4
A1330.4.
A1330.4
A9995.5
SS8130.4
SS8130.4
SS8130.4
SS8130.4
Disposal SS8130.4
Disposal SS8130.4
Administration Personal Ser.SS8110.1
Sewage Treatment & Disposal SS8130.4
Sewage Treatment & Disposal SS8130.4
Sewage Treatment & Disposal SS8130.4
Sewage Treatment & Disposal SS8130.4
Sewage Treatment & Disposal SS8130.4
Power & Pumping SW8320.4
Administration Contractual SW8310.4
TALL TREES WATER
32.51 Administration Equip. SW8310.2
500.00 Transmission & Distribution SW8340.2
416
Administration Personal Ser.SW8310.1
Power & Pumping SW8320.4
•
In addition, due to increased•revenues over budget, please authorize the
following line item increases.
CENTRAL WAPPINGER WATER
SW8320.4 - Power & Pumping $19,900.00
from 28,483.66 to 48,333.66
TALL TREES WATER
SW8320.4 - Power & Pumping $2,500.00
from 4,400.00 to $6,900.00
FLEETWOOD WATER
SW8320.4 - Power & Pumping $400.00
from 4,560.00 to $4,960.00
• Thank you,
4
MATTHEW W. RYAN
COMPTROLLER
MR. JOHNSON moved to authorize the Transfer of Funds for the
overexpended accounts as listed and requested by the Comptroller,
with the exception of the last 3 items (line item increases for
Central Wappinger Water, Tall Trees Water and Fleetwood Water).
Seconded by Mr. Clausen.
Roll Call Vote: 5 Ayes 0 Nays
Three applications for Peddlers & Hawkers Licenses were received.
Mr. Thomas Palmer and Mr. Richard Lawrence requested licenses to
go door to door for the purpose of buying antiques and miscellaneous
used items. The third was from Kevin Kelly who wanted to sell
Christmas Trees. (The first 2 applications had been cleared
by the DutchesswCounty Sheriffs Office; Mr. Kelly's had not
been returned from said office).
Mr. Jensen questioned the applications. He didn't quite under-
stand what they were getting into in this area. Mr. Diehl also
had further questions and agreed with Mr. Jensen's hesitancy,
some of these vendors pay no taxes but take away business from
those established businesses that help support the community, it
doesn't seem right.
417
Mr. Versace offered a motion to deny these peddlers licenses,
since these applicants were not Town residents, but withdrew the
motion after brief discussion on the subject.
MR. JOHNSON moved to table the applications pending further
clarification at a work shop session and obtaining further
information from the applicants and clarification from the
Attorney to the Town.
Seconded by Mr. Clausen.
Motion Unanimously Carried
The following letter was received (which included a drawing of
the house in question with relation to the main sewer line).
20, November, 1976
Mr. Diehl -Town Supervisor
Members of the Town Board
Dear Sirs:
I would like to tie into the sewer system at 88 Ardmore
Drive, Wappingers Falls. The problem I have, is that a sewer
ejector (pump) is needed tomake this possible.
Enclosed is a diagram of the existing sewer lines in the
road. The 2" pipe under the road is pitched the wrong way and
a pump is needed to push my sewage up the road to the main
sewer line. Since my house is above the sewer line in the road
I feel that the pump should be installed at the roadside, where
it is needed, and the town should be responsible for its
operation.
In the event this is impossible, I will allow the pump to
be installed in my house if the Town of Wappingers will pay all
costs for the sewer ejector (pump), installation, electrical
hookup, maintenance, and use of electricity.
With the pump installed in my house, there is a possibility
of a stoppage at the lowest point under the town road, with no
way to clean it out, without tearing up the road.
Yours truly,
s/ Sheldon M. Kantor
88 Ardmore Dr.
Wappingers Falls, N.Y.
418
Mr. Lapar elaborated, stating that Mr. Kantor's residence is
on a side street which goes down to the area of the wet lands
behind Mr. Ludewig's property. It's Mr. Kantor's contention
that he and his neighbor should have a Town operated pump down
at the bottom of that road to pump back up to Ardmore Drive.
It is our contention that for those two houses, he could put
in his own pump and pump up to the street rather than the Town
maintain a pump. Mr. Jensen commented that in the approval of
this district where a pump was required, the Town would provide
it so the home owner wouldn't bear the cost of the pump, and
Mr. Lapar interjected that Mr. Kantor didn't want that. He
further commented that it was Mr. Kantor's fear that if you
don't get down low enough and there isn't a positive heading,
you could get air pockets at a low point and you could get a
blockage. The pump, however, doesn't have to be located in his
basement, it could be placed in a pump pit anywhere on his
property and pump from there up, anywhere he would have a
positive push upward. Mr. Jensen recommended the Board adhere
to their policy of supplying a pump and the installation costs
be that of the resident.
MR. DIEHL moved that the Town Clerk notify Mr. Kantor that the
present specification and policy of the Town will be adhered to,
and Mr. Lapar will advise them on the installation.
Seconded by Mr. Clausen
Motion Unanimously Carried
The following"letters were received:
Memo TO:
From:
Date:
Subject:
Town of Wappinger Town Board
Town of Wappinger Zoning Board of Appeals
November 22nd, 1976
Special Use Permits
The members of the Zoning Board of Appeals would like to
take this opportunity to recommend that your Board consider
granting us the power to review and issue Special Use Permits.
Therefore, in lieu of the amended Zoning Ordinance being
passed which would have granted this power, the Zoning Board of
Appeals volunteers in the interim to handle Special Use Permits
419
in an effort to better balance the work loads of both our
Board and the Planning Board.
Further, it is the opinion of the Zoning Board of Appeals
that we have the ability and the experience to review Special
Use Permit applications as they are more related to the Zoning
Ordinance.
Thank you for your consideration of this request.
Memo To: Town of Wappinger Town Board
From: Town of Wappinger Planning Board
Date: November 22nd, 1976
Subject: Enabling Legislation July 1976 - Section 274A
of the Town Law.
Per the opinion of the Bureau of Legal Services of the
State Department, State of New York Planning Boards did not
have the authority to approve site plans or issue Special
Use Permits. Legal Services and several organizations
requested the Legislature to enact Section 274 A which the
Legislature did in July 1976.
The present Town of Wappinger Zoning Ordinance grants
site plan review to the Planning Board. Special Use Permits
are recommended by the Planning Board and are issued by the
Zoning Administrator. In the proposed amendment to the
Zoning Ordinance, Special Use Permits power is granted to the
Zoning Board of Appeals.
It is the opinion of the Planning Board that the Town
Board grant to the Planning Board the power of site plan
approval and issuance of Special Use Permits to be consistent
with Section 274 A, as the Planning Board should be more familiar
with conditions, future impact, local consideration, etc.
The Zoning Board of Appeals should remain a quasi board as
intended by enabling legislation.
By copy of this memorandum to the Attorney to the Town,
the Planning Board requests Mr. Rappleyea to review the Statute
as it might apply to the present Zoning Ordinance and make
recommendations to the Town Board to clarify any possible legal
implications which might be involved.
The Planning Board would appreciate your comments prior
to any definitive action.
December 9, 1976
Town Board, Town Hall
Mill Street
Wappingers Falls, New York
Re: Memo of Planning Board Dated November 22, 1976
Gentlemen:
It would appear that the purpose of Section 274 A is to
remove the uncertainty upon the question of the final authority
to grant site plan approval.
Under the present circumstances, the Planning Board's
decision is advisory only to the Building Inspector and
Zoning Enforcement Officer.
It would appear that Section 274 A is intended to make
the Planning Board decision absolute.
This matter could be resolved in any new ordinance
proposed or by separate legislation.
Very truly yours,
s/ Allan E. Rappleyea
Mr. Jensen felt these requests should be discussed in a work-
shop session. Mr. Johnson commented that in the (now defunct)
proposed new ordinance, this power was to have been given to
the Zoning Board of Appeals, and he believes the Board should
understand where it's going and how it's going to work.
MR. JOHNSON moved to table both communications to the next
Town Board meeting.
Seconded by Mr. Clausen
Motion Unanimously Carried
The following letter was received:
November 18, 1976
Town of Wappinger
Main Street
Wappingers Falls, New York
Gentlemen:
The Officials and Citizens of Beacon, and, I believe,
the people of Town of Wappingers are deeptly concerned about
the continued and potential problem of contamination of our
creeks, streams and rivers which comprise one of the most
important natural resources of southwestern Dutchess County.
In order to alleviate the undesirable consequences of
pollution on our environment and economy, we are requesting
the cooperation of all affected communities to arrange for
complete competent updated engineering studies of the Fishkill
Creek Drainage Basin. The bulk of the costs of the studies
and consequent anti -pollution measures can be funded through
current Federal and State programs. This can be accomplished
rapidly by taking the necessary steps to qualify for a funding
priority under the Federal Water Pollution Control Act of 1972
(PL. 92-500). The first step towards imp1ametting this positive
and constructive program is the preparation of a complete Plan
of Study. We ask your positive response towards retaining a
C
421
qualified engineering firm to prepare this plan.
Considering the urgency of the situation, it is imperative
that action be initiated within 30 days. Consequently, we must
receive your reply within this period.
Very truly yours,
s/ Robert L. Cahill, Mayor
Mr. Jensen thought it should be received and placed on file since
kie Wappinger went through a drainage study of its own last year which
L
was discontinued because it was felt even then we couldn't expend
the dollars. Mr. Lapar believed the answer was obvious, with
Tir-Municipal ; Mr. Versace and Mr. Jensen haven't had time to
go over all the information in the study but that portion of the
Fishkill Drainage Basin that is in Tri -Municipal will be studied by
Tri -Municipal and therefore, that portion of the Town that is in
the Fishkill Drainage Basin will be studied, and we wouldn't have
to restudy it.
MR. JENSEN moved to answer Mayor Cahill indicating that the por-
tion of the Fishkill Creek Drainage Basin that is in the Town of
Wappinger will be studied and evaluated by the Tri -Municipal Com-
mission.
Seconded by Mr. Johnson.
Motion Unanimously Carried
A memo was received from Mr. Ryan indicating that the Town is in
receipt of a Federal Grant of $5,501.00 (anti -recession funds) and
must spend it in a limited way. Attached was a copy of restrictions
distributed by the Revenue Sharing Advisory Service.
Mr. Johnson suggested that one place it might be used was in the
Public Health and Safety - for watchman services - that might be
an appropriate place. Mr. Diehl stated he would ask Mr. Ryan to
report back to the Board at the next meeting, on the possibility
of its use for night watchmen and other areas where it could be
used.
A request was received from Mr. Logan to attend the joint New
York State Board of Equalization and Assessment and New York
State Assessors Association Institute Conference on assessment
administration at the Grossingers Hotel Jan. 9 to 12th, 1977.
MR. VERSACE moved to grant Mr. Logan permission to attend the
Conference Jan. 9 to 12th, 1977 and his legitimate expenses be
a Town charge.
Seconded by Mr. Jensen.
Motion Unanimously Carried
The following letter was received:
November 24, 1976
Town of Wappinger Town Board
Mill Street
Wappingers Falls, NY
Re: Inspection Fees, Primrose Hill
Gentlemen:
I am the owner of a subdivision known as Primrose Hill, located
on Myers Corners Road and Ervin Drive. The subdivision has
received approval from the Planning Board subject to the payment
of the following fees:
1. Town of Wappinger Recreation - $4,900.00
2. Town of Wappinger Downstream Drng. Fee 9,800.00
3. Inspection fee for installtion of util. 8,777.25
I have no objection to paying these fees but due to the onset of
winter, it is doubtful if we will be able to install any utili-
ties until March. Therefore, I would like to be able to defer
payment of the inspection fees until March 1st, 1977 and would
also like the Board to consider payments of $1,000.00 per month
commencing March 1st, 1977 until inspection fees are paid. This
would mean that the inspection fees would be paid on a monthly
basis while the project is being completed.
Very truly yours,
s/ Gerald Kreisberg
Blooming Grove Associates
A memo from Mr. Lapar indicating his office has no objection to
this request, since similar arrangements have been rade in the
past.
MR. VERSACE moved that Blooming Grove Associates be allowed to
defer payment of the inspection fees until March 1, 1977, and grant
kbo
permission to them to make installment payments of $1,000.00
per month, commencing March 1, 1977 until the inspection fees
are paid.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Supervisor Diehl recognized Mr. Wiggen (who was on the Agenda -
6p) so that he may be heard due to the lengthy agenda.
Mr. Wiggin's letter to the Board follows:
9 Edgehill Dr.
Wappingers Falls, NY
December 7, 1976
Town Board,
Town of Wappingers Falls
Mill Street
Wappingers Falls, N.Y.
Gentlemen:
On October 26, 1976, we were given permission by the Town Board
to connect our household sewage to the Edgehill Drive sewer main
which connects to the Rockingham Farms Sewer District. Our
request for immediate connection was necessitated by emergency
hetth sanitation conditions which were facing our entire household,
and we certainly appreciated the quick response given by the
Town Board.
As we were soon to find out, however, the Town Board had placed
a series of contingencies on this action, brought to the surface
when our designated contractor attempted to obtain the Road
Opening Permit. The most shocking of these contingencies were:
1. Immediate payment of a $500.00 "Tap Fee"; and
2. Agreement to pay DOUBLE the normal annual sewer service
charge (i.e., 2x$88, or $176 per year) as "Tenants" of
this sewer district.
42.3
kipso The only other contingency of importance was an agreement to
"become part of any ... Sewer District ...-formed in the future",
without objections to same.
While I believe the $500.00 "Tap Fee" to be an exorbitant penalty
for not having had the specific requirement to connect to this
Town Sewer District until this year, the DOUBLE sewer service
charge appears to be the coup -de -grace by this town's elected
officials. Both of these "special fees" have apparently been
instituted and/or enforced only this year (1976), as indicated
by several of the Town residents with whom I have discussed this
policy. As an example, my investigations have indicated that only
Wu and Wiggin have been subjected to these contingencies in the
Rockingham Sewer District. This is not justifiable by any standards!!
Very relevant to these "special fees" is the classification of
tenant to the Rockingham Sewer District. This section of Edgehill
Drive, from All Angels Hill Road to Magura, is surrounded by more
recently -developed housing which is included in this Sewer District.
424
Having only been a resident of this community for eight (8)
years, I can only surmise that some conflict between housing
developers may have created this gap. At this point, however,
there appears to be no recourse except to request that steps
be taken by the Town Board to correct this situation. For, in
reality, if the Tri -Municipal Sewer District is approved, Edge-
hill Drive residents could well retain the. "tenant" classifica-
tion forever, unless action is taken now.
Finally, we request that the Town Board reconsider this newly -
enforced policy of doubling the fees for any new sewer district
"tenant" -- that is, 2 x $250.00 "Tap Fee" paid by a housing
developer, and 2 x Annual Sewer Service Charge paid by all other
Town residents using this service.
In essence, we are requesting a refund of all or part of the
$500.00 "Tap Fee", as well as a return to normalcy re the annual
sewer service charge (i.e., single annual rate for "tenants",
also) .
Sincerely,
s/ Elwood E. Wiggin
Mr. Diehl commented that the $500.00 fee had been adopted by
the Board, and a number of these fees were collected, probably
in the neighborhood of 20, and double rates for tenants have
been imposed in this and other districts.
Mr. Wiggin, speaking in defense of his argement, stated he had
been led to believe there was one contractor who had built some
17,18 homes that had only been required to pay the $250 tap fee,
is this true, and have the rates changed since he put up his
homes. Mr. Diehl answered yes, that it was a year or two ago
that the tap fees were raised. Mr. Wiggin asked why he wasn't
advised of the costs at the time he received his approval, and Mr.
Diehl reminded him the resolution indicated that he would be sub-
ject to all charges that are in effect. Mr. Jensen asked if Mr.
Wiggin was now hooked into the sewer system, and had an affirma-
tive answer; he asked when did Mr. Wiggin find out about these
charges. Mr. Wiggin indicated it was the following day when his
contractor came to the Town offices to obtain the applicable per-
mits. Mr. Jensen then asked why he hadn't objected then, before
hooking up, he also pointed out that the Board had recognized
Mr. Wiggin's problem was of an emergency nature, and therefore,
acted with dispatch to alleviate it, and if Mr. Wiggin felt the
425
costs were exhorbitant, he shouldn't have hooked up. Mr. Wiggin
pointed out he had been issued a violation by the Dutchess County
Department of Health, and no longer in a position to continue in
the same stance he had no alternative. Mr. Wiggin continued
briefly discussing various aspects of his problem in relation to
neighbors who were also tenants to the district. Mr. Jensen
concluded that these were the regulations now in effect, and
doesn't believe the Board is in a position to waiver from them.
Mr. Diehl concurred with Mr. Jensen, stating again these were
now the regulations and wouldn't know how to justify taking them
off the book, as the people in the districts are paying capital
costs plus O&M, and it was felt those who became tenants should
bear some of the districts' burdens, and this was the vehicle
by which this could be accomplished. Mr. Wiggin asked for a
resolution to relieve him of the imposed regulations. Mr.
Diehl stated he was personally not in a position to change it,
and asked if any of the Councilmen wished to offer a resolution
rescinding the tap fee and double rates for tenants to any dis-
tricts. There was none offered.
The following letter was received:
November 22, 1976
Mrs. Snowden, Town Clerk
Town of Wappinger
Mill Street
Wappingers Falls, New York
Dear Mrs. Snowden:
I have been informed by Supervisor Diehl that the Wappinger
Town.Board voted not to fund the Youthful Offender Community
Service Project of the Voluntary Action Center. Therefore, I
take this opportunity to request a hearing with the Board to
appeal their decision.
As I wrote in a letter to Mr. Diehl on July 14, 1976,
approximately 20% of the Project participants are referred by
Wappinger justices Franchese and Bulger. We feel that such
usage warrants reciprocity in the form of funding. We would
be willing to accept less than the $3,500 we requested if a
figure can be agreed upon.
At present, we face 1977 with no expected increases from
any funding source and a proposed cut in Dutchess County funds
of $3,000 (from $8,000 in 1976 to $5,000 in 1977). It appears
that, unless Wappinger agrees to contribute funds, our program
will suffer a budget decrease in 1977, with a reduction of
service. We hope this can yet be prevented.
I look forward to hearing from you as soon as possible
regarding a meeting between the Voluntary Action Center and the
Wappinger Town Board. Thank you for your consideration in this
matter.
Sincerely,
E/ Barbara Collins Dellava
Executive Director
Mr. Jensen commented that the Board had, last year, met with
representatives of this group, and at that time the Board had
told them the Town was not interested in participating in this
area. The Board's feelings have not changed. Mr. Clausen con-
curred with Mr. Jensen, and felt a letter should be directed to
the organization reiterating the intent of the Town Board as per
the last conversation has not changed, and the Town does not
forsee becoming participants in this program.
MR. JENSEN moved that a letter be directed to Barbara Collins
Dellava, Executive Director, indicating that the intent of the
Town of Wappinger has not changed, and do not forsee partici-
pating in any funding of the Youthful Offender Community Project
of the -Voluntary Action Center this following year.
Seconded by Mr. Clausen.
Motion Unanimously Carried
A letter was received from Judge Francese regarding a number of
small problems with the new Justice Court quarters.
MR. VERSACE moved to receive Judge Francese's letter of Dec. 2,
1976 and Supervisor Diehl's response of Dec. 7, 1976 and place
them on file.
Seconded by Mr. Clausen
Motion Unanimously Carried
4 7
A letter was received from Edward Hawksley, Chairman of the
Conversation Advisory Council, reminding the Town Board that the
implementation of the Freshwater Wetlands Act becomes effective
in 1977, and offering the Council's assistance in adopting these
provisions.
MR. CLAUSEN moved to receive the Council's letter and place it
on file, and further consider a work shop session with the Con-
servation Advisory Council to discuss what direction the Town
Board is going to take on this Wetlands Act, and communicate
this to the Council.
Seconded by Mr. Johnson
Motion Unanimously Carried
A memo was received from Mr. Ryan, Comptroller regarding con-
nection of remote water meter readers.
Mr. Johnson noted that the last paragraph of the memo indicated
that Mr. Rayn was prepared to discuss this matter with the Water
and Sewer Committee at their convenience and he believes it would
be better to get a recommendation from this Committee after their
discussion with Mr. Ryan.
MR. JOHNSON moved to refer Mr. Ryan's memo to the Water and Sewer
Committee for a meeting with Mr. Ryan.
Seconded by Mr. Clausen
Motion Unanimously Carried
The following letter was received:
memo To: Town of Wappinger Town Board
From: Town of Wappinger Planning Board
Date: December 6th, 1976
Subject: Myers Corners Road & Route 9 - Road Improvements
The Planning Board would like to take this opportunity to
suggest that your Board contact the Dutchess County Department
of Public Works and the New York State Department of Transporta-
tion concerning improvements to the above-mentioned area.
Specifically, the Planning Board would recommend that the
pole by the Paino property on Myers Corners Road be moved back
approximately 300 feet. Further as there is a problem with the
grade of the road particularly during times of school bus traffic,
it is suggested that the west bound land of Myers Corners Road
be extended.
In view of the fact that the Kent Sussex site is not being
developed and it appears that these improvements will not be
accomplished during the site work of this project, the Planning
Board would suggest that your Board approach the Dutchess County
Department of Public Works and the New York State Department of
Transportation about making these improvements.
Thank you for your consideration.
MR. VERSACE moved to refer this to Mr. Horton, for his review
and recommendation and table the matter to the next months
meeting.
Seconded by Mr. Clausen.
The following request was received:
December 6, 1976
Re: Lot #3 Kent Ridge
Gentlemen:
Motion Unanimously Carried
Town of Wappingers Town Board
Mill Street
Wappingers Falls, New York
This letter is written to you as a request for the return
of a $80.00 Cash Bond that was posted with the Town of Wappingers
Highway Dept., for the installation of a Water and Sewage Line
at the above stated address. The installation was completed on
December 2, 1976, which is over the required one year that the
bond was to be held or posted for.
Should there be any questions regarding this request,
please feel free to contact me.
Very truly yours,
s/ Michael J. Klinka
Mr. Horton, Highway Superintendent recommended the refund be
approved,,as the year was up and everything was completed
satisfactorily.
MR. CLAUSEN moved that the $80.00 Cash Bond posted by Michael
J. Klinka be returned upon the recommendation of Mr. Horton,
Highway Superintendent.
Seconded by Mr. Jensen Motion Unanimously Carried
The following letters were received:
Dec. 6, 1976
To the Town Board
Town of Wappinger
Dear Sirs:
429
I am requesting a soil mining permit. The area in question
is in my back yard. The soil will be taken away by Mr. Tarquimi
free of charge.
The area aill be graded to correspond with my neighbor's
property and will be seeded.
The reason I never asked for a permit before is Mr. Ninnie
of Central Construction of Beacon said everything was taken
care of. I inquired about it and they told me they had no
record of it.
Please contact me as for further instructions.
Yours truly,
s/ Ralph J. Rosmilso
Town Board
Gentlemen:
Re: Rosmilso Request for a Soil Mining Permit
I would like to take this opportunity to advise you
that this situation is in court presently. Please take
this into consideration in reviewing this request.
Yours truly
s/ Sylvia Anderson
Zoning Administrator
MR. JOHNSON moved to table Mr. Rosmilso's request for a Emil
mining permit until the results of the court action are known.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Mr. Hawksley, being recognized by the Chair, brought to the Town
Board's attention, that the State of New York Mined Land Reclam-
ation Act is in effect, and if certain amounts of sand and gravel
is removed from a certain location they have to also have a
mining permit by the State.
43O
The following report was received:
November 22, 1976
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Oakwood Knolls S.T.P.
Size Reduction of Primary Clarifiers
Dear Board Members:
As per your request, this office has investigated the cost
of reducing the size of the existing Primary Clarifiers and
subsequently reducing the detention time of the sewage within
said tanks. This would help reduce the odors generated by
the sewage in periods of low flow as is the case at present.
The estimated cost of converting one (1) rectangular primary
clarifier to two (2) primaries is estimated to be approximately
$22,000. This includes making two compartments, adding new
collectors, weirs, skimmers, sludge return piping, altering
the bottom of the tank for sludge collection.
If there are any further questions regarding the above, please
contact me.
Very truly ;yours,
s/ Rudolph E. Lapar
Mr. Lapar stated that•he couldn't, in all good conscience
recommend this.
MR. VERSACE moved to receive Mr. Lapar's report on the Oakwood
Knolls STP - size reduction of Primary Clarifiers and place it
on file as the expenditure of this money would not solve the
problem.
Seconded by Mr. Clausen.
The following letter was received:
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Motion Unanimously Carried
November 22, 1976
Re: Central Wappinger Water Imp.
Contract #4
*to
131
Dear Board Members:
Enclosed please find a voucher from K&A Excavating Contrac-
tors, Inc. for final payment on the above contract.
We see no reason why this voucher should not be paid.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
MR. CLAUSEN moved to authorize the final payment to K&A Exca-
vating Contractors Inc. for Central Wappinger Water Improvement
Contract #4.
Seconded by Mr. Jensen
Motion Unanimously Carried
November 22, 1976
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Central Wappinger Water Improvement
Contract #6
Dear Board Members:
Enclosed please find a voucher from Lombardi & Son, Inc. for
final payment on the above contract.
We see no reason why this voucher should not be paid.
Very truly yours,
s/ Rudolph E. Lapar
MR. CLAUSEN moved to authorize the final payment to Lombardi
& Son, Inc. for Central Wappinger Water Improvement Contract #6.
411110 Seconded by Mr. Jensen
The following letters were received:
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Motion Unanimously Carried
November 30, 1976
Re: Wappinger Sewer Improvement
Contract #2
Mr. John Schneider
Gentlemen:
Enclosed please find a letter from Rebena Construction Company,
Inc.
We would appreciate your directing it to the Attorney to the
Town for comment.
November 17, 1976
Rudolph E. Lapar
90 East Main Street
Wappingers Falls, N.Y.
RE: Wappingers Sewer Improvements
Contract #2
Mr. John Schneider
Dear Mr. Lapar,
Upon careful review of the
project, we believe we are
to seed the sanitary sewer
Sincerely yours,
Very truly yours,
s/ Rudolph E. Lapar
specifications for the above stated
not required, under our contract,
easement.
Rebena Construction Co., Inc.
s/ Raymond J. Costantino, Pres.
Mr. Lapar explained that the reason for this was that during
the course of some of the easement acquisitions through either
the fault of the Attorney and/or his office, they sometimes
didn't seem to get together and some things were agreed to by
the attorney that his office didn't know about.
In this case
Mr. Schneider contends these things were agreed upon when the
easements were obtained.
MR. CLAUSEN moved, upon Mr. Lapar's recommendation, this matter
be referred to the Attorney to the Town.
Seconded by Mr. Jensen.
Motion Unanimously Carried
The following report was received:
December 2, 1976
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Oakwood Knolls STP
Informal Bids on
Solonoid Valves & Timers
Dear Board Members:
On November 10th, this office solicited informal bids to
seven (7) firms on the above referenced project.
As of this writing, the following bids have been received.
(attached)
Camo Pollution Control, Inc.
Mid -Hudson Electric, Inc.
$2,075.92
2,450.00
We find the bids in order and recommend Camo Pollution Control,
Inc. to perform the above work.
If there are any questions, please contact me.
Very truly yours,
s/ Rudolph E. Lapar
MR. JENSEN moved to award the bid to the low bidder, Camo Pollution
Control Inc., as per the recommendation of Mr. Lapar.
Seconded by Mr. Versace.
Motion Unanimously Carried
The following report was received:
December 7, 1976
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Wappinger Sewer Improvement #1
Contract #3
Dear Board Members:
433
Enclosed please find a voucher from K&A Excavating Contaactors, Inc.
far the final retainage on the above contract. The one year guaran-
tee period has been passed successfully and the voucher should be
honored.
Very truly yours,
s/ Rudolph E. Lapar
MR. CLAUSEN moved to authorize the payment of the final retainage
to K&A Excavating Contractors Inc., for Wappinger Sewer Improvement
Contract #3.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Clausen stated that the Town Board had placed in the 1977
Budget $4,000 for Codification of the Town Laws and Ordinances.
The company that the Board had contacted was General Code Pub-
lishers, Inc.
MR. CLAUSEN moved that the Supervisor and/or the Comptroller be
authorized to negotiate the contract between General Code Pub-
lishers Inc. and the Town for the sum of $4,000.00 in the 1977
Proposed Budget with the balance payable in the 1978 Budget, and
thet General Code Publishers Inc. be so notified that they could
begin whatever work is necessary when the contract is negotiated.
Seconded by Mr. Johnson
Motion Unanimously Carried
The following letter was received:
43 Pye Lane
Wappingers Falls, NY
Dec. 9, 1976
Town Board
Town of Wappingers Falls, NY
Mill Street
Wappingers Falls, New York
Dear Sirs:
We respectfully request to hook up to the sewage system
located in the Pye Lane, Wappingers Falls area. We are planning
to open a nursery school, and we feel that instead of expanding
our present septic system, it would be more beneficial to hook
up to the sewage system. Hoping to hear from you with good news.
Sincerely,
s/ Denise Efantes
MR. VERSACE moved that the Comptroller so notify Mrs. Efantes of
what the rules, regulations and fees are for hooking in the Rock-
4 3 -544
ingham Farms Sewer District as a tenant, so that she will be well
aware of what the charges are going to be, and if she still so
desires to become a tenant to the district, she readdress the
Town Board stating this fact and that she understands.
Seconded by Mr. Clausen.
Motion Unanimously Carried
The following memo was received:
December 7, 1976
Memo To: Town Board Members
From: Louis D. Diehl, Supervisor
Re: Problems with Fleetwood Water
A letter was sent to the Residents of the Fleetwood Water
District asking them to choose three (3) avenues of pursuit to
correct the present problems with the water.
We received fort$T-nine (49) replies. 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 (20) write that they
would prefer the water to be left alone.
Very truly yours,
s/ Louis D. Diehl
Supervisor
Mr. Diehl elaborated somewhat, and added he didn't see a reading
of at least 51% for a clear directive to go one way or the other,
perhaps waiting another month would bring in more responses.
Mr. Diehl directed that his memo be received and placed on file.
Mr. Clausen suggested either the Supervisor or Comptroller write
to these who had responded thanking them and explain not enough
replies had been received to make a determination as yet. Mr.
Diehl said a billing was due to go out around the 1st of the year
and these letters could be enclosed then.
Mr. Johnson on Committee Reports, reported there had been some
conversation and work done on potential police protection. He
had gone to the State Police Barracks in Fishkill and inquired
436
about what their contract fees and what not would be to provide
extra State Police protection, and was informed by the Zone
Sargeant that they have a new program in which they have satelite
stations that are placed in various Towns. All that is required,
if a Town qualifies is that the Town would have to provide space.
MR. JOHNSON moved that the Town Clerk direct a letter to Major
Leary -Commander of Troop K - Poughkeepsie, and request a Satelite
Station in Wappinger.
Seconded by Mr. Clausen .
Motion Unanimously Carried
Mr. Versace reported that a Tri -Municipal meeting will be held
December 16, 1976, at which time the Commission will meet with
the Engineers concerning their proposal for the facility study
requested by EPA. The cost to the Town will be $30,000.00. The
EPA will pay 75%, the State will pay $62,500 and the communities
involved with Tri -Municipal will share the cost of $§2,500 of
which Wappinger pays 48%. If and when this study is undertaken,
the Town at that time can apply for 75% of the preliminary engin-
eering costs when this project goes into final design in engin-
eering, they can apply to the State for 121/2% return. He Eeviewed
what this study would entail.
MR. VERSACE said he would moved that prior to any more engineer-
ing studies being done, above the facility study, that our Town
Board sit down and review the cost to the hommowner, both benefit
unit and operation and maintenance charge. This is if the Town
is to go with the original preliminary study, if the facility
study is the way to go after the decision by EPA and the Committee
then he believes the Town Board would have to investigate how
the benefit charge and the O&M is to be charged, since there would
be more than one plant and there would not be a continuous line
to follow. We would have to check withnAudit & Control to deter-
mine the charges could be made. Once this information is gathered,
437
then he believes an informational meeting should be held with the
ptahlic. It would behoove the Town Board to have an informational
meeting, and bring the residents of the Town exactly what the cost
is going to -be, no matter which way this project is going to go,
and should be done prior to giving ourselves any commitment of
the final design of engineering on this project.
MR. VERSACE moved that prior to any further commitment, other
than the facilities study, that we as a Town Board, should sit
down and find out what the costs are, and have this informational
meeting.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Mr. Jensen observed that a date couldn't be set at this time, but
once we have gone through this evaluation work, which will be
several months hence, at that time we will have better data.
Under Unfinished Business, communications between the Supervisor
of Wappinger and Fishkill, concerning the Dutchess Park Sewer
District were reviewed. Mr. Diehl indicated a report was received
from Mr. Lapar, but no legal interpretations as yet.
MR. DIEHL moved all communications be referred to Mr. Rappleyea
for his opinions.
Seconded by Mr. Jensen.
Motion Unanimously Carried
The following letter was received in answer to the Town Board's
request that the County take over the maintenance of the Town's
traffic lights.
November 30, 1976
Mrs. Elaine Snowden, Town Clerk
Town of Wappinger, Mill Street
Wappingers Falls, New York
Dear Mrs. Snowden:
In regard to your letter of November 2, 1976, I must inform you
4.3
that the County Road Fund does not have money allotted for the
maintenance of traffic lights.
The two intersections with traffic light control were erected
under our permit procedure to the Town of Wappinger. The permit
issued included maintenance by the Town.
At this time, with the very limited funds budgeted to this depart-
ment, I cannot see any possibility of the County picking up this
expense as a budget item.
Very truly yours,
s/ James Spratt,
Commissioner
MR. VERSACE moved to receive and place on file the response
from Mr. Spratt, with a copy of both the request and reply to
John Armstrong, County Legislator.
Seconded by Mr. Clausen
Motion Unanimously Carried
A vacancy still remaining on the Town of Wappinger Conservation
Advisory Council, the matter was placed before the Board for
their consideration.
MR. JOHNSON moved that Mrs. Menger be appointed to fill the
unexpired term of Charles Cortellino expiring June 1977.
Seconded by Mr. Clausen
Motion Unanimously Carried
The following letter was received:
December 2, 1976
Town of Wappinger
Town Board, Mill Street
Wappingers Falls, N.Y.
Re: Letter of Intent A-95 Project
#14191, (T) Wappinger, Dutchess Co.
Gentlemen:
The New York State Planning & Development Clearinghouse has
recently notified us that you have requested federal aid for a
public water supply improvement. We are pleased to endorse
your proposal.
C
Final plans and specifications were approved on December
18, 1975.
Very truly yours,
s/ Ronald Tramontano, P.E.
Sr. Sanitary Engineer
MR. JOHNSON moved to receive and place it on file.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Therrecommendation of the Zoning Board of Appeals regarding
sign size was again placed before the Board for consideration.
Mr. Johnson recommended that this matter be taken up, along with
the Planning Board and Zoning Board other requests, at a work-
shop session, so the Board can get a good direction on how to
implement the change. Recommendation taken.
Mr. Johnson observed that the Board had previous discussion on
eliminating the second regularly scheduled meeting for December.
MR. CLAUSEN moved todirect a letter to Mr. Rappleyea asking
whether the Town, under lits present system of operation, needs
to conduct or warrants an end of the year, or annual meeting.
Seconded by Mr. Versace.
Motion Unanimously Carried
MR. CLAUSEN moved to cancel the regularly scheduled meeting of
December 27, 1976.
Seconded by Mr. Johnson
Motion Unanimously Carried
MR. CLAUSEN moved to set the Reorganizational Meeting for January
3, 1977, at 5:00 P.M. at the Town Hall.
Seconded by Mr. Versace
Motion Unanimously Carried
MR. JOHNSON moved the meeting be adjourned, seconded by Mr.
Clausen and unanimously carried.
The meeting adjourned at 10:46 P.M.
6uJAAJAaAnA-c,
Elaine H. Snowden
Town Clerk
Reg. Mtg. 12/13/76