1974-06-19 SPMA Special meeting of the Town BoaTd of the,Tonn of,Wappinger was
held; on June 19, 1974 at the Town Hall, Mill Street, Wappingers
Falle,JTew York.
•
. ,
Notice of said meeting was mailed to each Board member or June
14, 1974,, calling the meeting for, 8:00, P,M,..EDST,i June, 1,9, _1974,
for the purpose of considering the imposition, charge and rates
for ttier,CentralWappinge,r 1074,t9;' PITrOyement Aea, and any other
• t -
business that may properly come before the Board
Supervisor Diehl called the meeting to order at 8:00 P.M.
Present:
Louis Diehl, Supervisor
Stephen aland, Councilman
Krapk Versace, Ccuncilman„...0
Elaine H. Snowden, Towp Clerk
Absent:
•
Louis Clausen, Councilman, ;
Others Present:
Allan Rappleyea, Attorney to the Town
Rudolph Lapar, Engineer to the Town
A public, Hearing having -been duly held, on June 19,. l.974Lon a -Local
Law Relatlimg Ito the TmposAtion, Charge and Collection, of Water
Rates ,f,c4.. ,the ConsuFiption, and Use f wateF. for, .the_ Cenral.. Wappin-
ger water Improvement Area, as well as tlaec RenaltieS and Enforce-
ment Thereof, 41e. matter. was 1p9W placed. before the Board for, their
considration. •
The following Local, Law w,as,,offered by SpPEMqS0RDIEHL Who
moved its adoption, seconded by Councilman Jensen and upon roll
call vote adopted ,4 Ayes, .0 Nays.
A LOCAL LAW RELATING TO THE IMPOSITION,
,CHARGE ANpCOLLECTIONOFWATE#RATES,FOR.
THE CONSUMPTION AND USE OF WATER FOR THE
CENTRAL W'FLPPINGER, WAT IlipAOYEMEITTAREA.,
AS WELL AS THE PENALTIES AND ENFORCEMENT
THEROF.
Be it enacted by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
214,
A
SE T20N 1 IMPOSITIONAND, 60MPUTAtION` OF WATER HATES
A.`A17wter rates= are p able`°quarterly' and•}the mihifnum'
rate shall be payable even though no water is consumed, so long
as the service shall beltoritOWINKILas connected with the dietrict
main unless shut off by authority of the district at the curb
box oar otherwie. at the-i'r tlijes't of-'the'owier.' tthe minimum 'rate"
shall be payable eventhoiigh he water has been shut off when
such' discbntin Zanoe'''Yids-`been"Madelby sOmedne not authorized
by the district.
B. Each..c finer or tenant of real property using or
conn:e` ted' to "t ie sa d4iAtefr 's 3stefn ShAll pay'a'f*aer' chart e''at
the said rates as set forth below:
WATER RATE SCHEDULE
f. 1
.70
QUANTITY
Each 100 cubic fee
or part thereof.
The owner or tenant shall be obligated to'pay a minimum charge
of $23.00 per quarter regardless of° then coxi u}mption' br' zse of
water for said quarter provided only 'that said owner is connected
to the system for more than thirty -(30)'' daysvdii'rin said quarter.
No minimum charge shall be fixed for connection to the system
for less than thirty (30)days during any one quarter. The
quarter shall be deemed to be each three month period commencing
January lst, April lst, July lst and October 1st of `each year.
Such water rates shall be payable within fifteen' (15)''
days after receipt and for non-payment shall be subject to the
penalties hereinafter prb'vided':' } '
SECTION 2 PAYMENT AND ENFORCEMENT OF WATER RATES
A. All water bills shall' be` due and payable Within. fifteen
(15) days of the billing date. After"fifteen (15) days and prior
to the= expiration Of 'thirty (36Y44 rfrOrd"the billing 'date', 'a
penalty equal to five (5) percent :the amount remaining due
shall' be :added- to�lsad' bill.' A e-piatioriOf' thirty (30)
days, a penalty equal to ten (10) percent of the amount unpaid
shall be'added to that bill.
B. Said water charges shall 'constitute'a=. lien' upon the'
real properties served by the water system of the district and
such lien shall be prior and superior to every other'lien or
claim except the lien of an existing tax, assessment, water rate,
sewer rent or ` other' lawful` charge' 'imposed by the town.
SECTION °3'
i1
This Local Law shall take ef'fe`ct‘July 1, 1974 and as
provided by the Municipal Home Rule Law.
A memo was received 'from Supervisor Diehl regarding standardizing
all water rates' in` 'the' `Town; indicating it is his belief the rates
should be in the neighborhood of $90 to $100. 'A't present bills
are being received for the Central Water Improvement Area with
no rate set as yet, and in Oakwood Water District the rate has
not been increased since its formation, and expenses now far exceed
revenues. If there is a Town wide rate it would be more equitable
for all residents living within the District.
Mr. Diehl stated it was his feeling that something has to be done
with the rates in the Oakwood Knolls water district. The Board
has to be realistic and his office is recommending in the area of
$90 to $100 and probably the figure using $92 would be a standard
figure. He feels the Board should be set so the members of the
Board can get with Bill Egan. It was agreed to set a meeting for
Friday'. June 28th at 4:00 P.M.
The following.letter was received from Sylvia Anderson, Zoning
Administrator:
MEMO TO: Town of Wappinger Town Board.
FROM: Sylvia J. Anderson, Zoning Administrator
SUBJECT:' Jack Davis = Soil -Mining Permit
DATE: June 17, 1974
Gentlemen:
The Court has advised Mr. Davis to come to you for a waiver
on the requirement of abutting owner permission for a soil mining
permit on his property located at Middlebush Road and Route 9.
The reason for this is that apparently this particular owner, Lee
Milt Petroleum, and Mr. Davis do not get along and consequently
are not predisposed to granting that permission. He has pxesented
all other requirements.
I am sending along a folder with his papers in it. Elaine
H. Snowden has the bond, I believe.
(Mr. Jack Davis had applied May 4, 1973
s/ Sylvia J. Anderson
Zoning Administrator
for a soil mining permit
for his property located on Route 9 and Middlebush Rd.). Mr. Lapar
indicated that, having examined the map submitted by Mr. Davis, as
far as he can see on that property there should be no .danger, he's
actually improving -it.
MR. DIEHL:moved-that a permit be -granted to Mr. -Jack Davis for
soil mining on his property on Route 9 and Middlebush Road,:subject
to and in accordance with the map filed with the Town dated Oct.
19, 1972 from the office of Milton Chazen Associates on grading
plan for lands of Jack Davis.
Seconded by Mr. Jensen.
Roll Call Vote: 4 Ayes 0 Nays
Mr. Jensen briefly explained the reason for separate resolutions
for Phase I and Phase II of the 1001 program - Southern Dutchess
1990 program.
The following resolution was offered by COUNCILMAN JENSEN who
moved its adoption:
WHEREAS, the Town of Wappinger, in order to provide for a
planning study contributing to an overall program for its future
community development, desires to participate in the Federal -
State Comprehensive Planning and Management Assistance Program
as authorized by Section 701 of the Housing Act of 1954, as
amended, and Article 26 of the New York State Executive Law,
and
WHEREAS, the New York State Office of Planning Services,
under authority of Article 26 of the New York State Executive
Law, is the official State planning agency designated to admin-
ister Federal and State funds under the provisions of Section 701
of the Housing Act 'of 1954, as amended, now therefore,, be it
RESOLVED, that the Town Board of the Town of Wappinger hereby
requests the New York State Office of Planning Services to provide
planning assistance under authority of Article 26 of the New York
State Executive Law, with such financial assistance as may be
provided by the United States Department of Housing and Urban
Development, under authority of Section 701 .of the Housing Act of
1954, as amended. Such planning assistance is more particularly
described in the project application.
RESOLVED, that if the aforesaid application is approved and
accepted by both the Director of the New York State Office of
Planning Services and the Department of Housing and Urban Develop-
ment, the Town_of Wappinger shall enter into a formal agreement
with.the -New York!S.tate Office of Planning Services to undertake
the project described in the approved application and to pay to
the State of New York its share of the estimated total cost of
the said project, together with such other terms and conditions
as may be deemed necessary and appropriate to carry out the said
project.
RESOLVED, that the Town of Wappinger hereby agrees to have
available, in the year the project is to be completed, the sum
of $235,00 or so much thereof as may be necessary to contribute
a sum not to exceed four and one half per centum (412%) of the
total cost of said project, to be paid to the State of New York,
on condition that the above-mentioned application is approved ,
by both the Department of Housing and Urban Development and the+
Director of the New York State Office of Planning Services.
RESOLVED, that the Town of Wappinger shall assume the costs
of operating and maintaining its own planning board or commission
including such services as clerical personnel, office space,
equipment, materials, communication and travel, as such costs
cannot be charged to the Comprehensive Planning and Management
Assistance Program.
RESOLVED, that it is understood that current planning services
may not be charged to the Comprehensive Planning and Management
Assistance Program.
RESOLVED, that it is understood that current planning services
may not'be charged to the_Comprehensive Planning and Management
Assistance Program.
RESOLVED, that the Supervisor of the Town of Wappinger be
and hereby -is authorized and empowered to execute in the name
of the Town of Wappinger all necessary applications, contracts
and agreements to implement and carry out the purposes specified
in this resolution.
Seconded by Mr. Saland
Roll Call Vote: 4 Ayes 0 Nays
The following resolution was offered by COUNCILMAN JENSEN who
moved its adoption:
WHEREAS, the Town of Wappinger, in order to provide for a
planning study contributing to an overall program -for its future
community development, desires to participate in the Federal -
State Comprehensive Planning and Management Assistance Program
as authorized by Section 701 of the Housing Act of -1954, as
amended, and Article 26 of the New York State Executive Law,
and,
WHEREAS, the New York State Office of Planning Services,
under authority of Article 26 of the New York State Executive Law,
is the official State planning agency designated to administer
Federal and State funds under the provisions of.Section 7ol:of
the Housing Act of 1954, as amended, now therefore, be it
RESOLVED, that the Town Board of the Town of Wappinger hereby
requests .the. New, York State_:Office _of Planning Services . to provide
planning assistance under -authority of Article 26 of the New York
State Executive Law, with such financial assistance:as may be
provided by the United States Department of Housing and Urban
Development, under authority of Section 701 of the Housing Act
of 1954, as amended. Such planning assistance is more particu-
larly described in the project application.
RESOLVED, that if the aforesaid application is approved and
accepted by both the Director of the New York State Office of
Planning Services and the Department of Housing and Urban Develop-
ment, the Town.of Wappinger shall enter into a formal agreement
with the New York State Office of Planning Services to undertake
the ' prsdeer described in the approved application and to , pay. to
the State of New York its share of the estimated total cost of
the said : project, • together with suchv:other: terms -and _conditions
as may be deemed necessary and appropriate to carry out the said
project. - r_:.
RESOLVED, that the Town of Wappinger hereby agrees to have
available,_in the year the project is to be completed, thesum
of $1,222.00 or so much thereof as may be necessary to contribute
a sum_not_to exceed .four •and -one half per centum (4'%) of the
total cost of said project, to be paid to the State of New York,
on condition that the above-mentioned application is approved -
by both the Department of Housing and Urban Development and the
Director of the New York State Office of Planning_ Services..
RESOLVED, that the Town of Wappinger shall assume the costs
of operating and maintaining its own planning board or commission
including such services .as clerical personnel, office space,..
equipment,'materials,.communication and travel, as such costs
cannot be charged to the Comprehensive Planning and Management
Assistance Program.
RESOLVED, that it is understood that current planning ser-
vices may not be charged to the Comprehensive Planning and Manage-
ment Assistance Program.
RESOLVED, that the Supervisor of the Town of Wappinger be
and hereby is authorized and empowered to execute in the name of
the Town of Wappinger all necessary applications, contracts and
agreements to implement and carry out the purposes specified in
this resolution,
Seconded by Mr. Saland.
Roll Call Vote: 4 Ayes 0 Nays
The following letter was received:
MEMO TO: Town of Wappinger Town Board
FROM: Sylvia J. Anderson, -Zoning Administrator
SUBJECT: Part -Time Employee for Zoning Office
DATE: June 18, 1974
Gentlemen:
I would like to propose Mrs. EvalyniDonnelly for the position
of part-time clerk.
She will report to me only and take the burden of my work
off of Mrs. Hirsch. Hopefully this will make it easier for Mrs.
Hirsch.to cope with the ever mounting number of building permits.
This, in turn, will render the operations of this office that
much more efficient.
The -salary proposed for Mrs. Donnelly would be $2.50 an hour.
I would appreciate an answer as soon as possible.
s/ Sylvia J. Anderson
Mr. Diehl stated that Mrs. Anderson had discussed the possibility
of hiring a part-time clerk that she had interviewed several
people for this position and Mrs. Donnelly had appeared best qual-
ified since she could take shorthand and would be able to fill in
in emergencies if the Secretary to the Zoning and Planning Boards
were sick. He further -indicated that this would be a part --"time
clerk under only the Zoning Administrator. He wasn't sure if the
matter warranted Bdard approval -or not, hence he suggested the
matter -before the Board. Mr. Rappleyea took the position that the
Town Board should appoint employees where they would be employed
by Department heads just as they appoint the"Department'heads them-
selves.
MR. JENSEN moved that Mrs. Evelyn Donnelly be appointed as a part-
time Clerk for the Zoning Administrator on the recommendation of
Mrs. Anderson, and further, that she be paid $2.50 per hour.
Seconded by Mr. Diehl.
Roll Call Vote: 4 Ayes 0 Nays
Mr. Diehl reported that he was still pursuing the Civil Service
exams, and has asked"the Town of Poughkeepsie for copies of
their fob descriptions' so he' would have something to go by.
Mr. Rappleyea stated that he had been advised by Mr. Hankin that
the development known as Spook Hill Estates has been sold to
Schoonmaker Homes, Inc. and that they would like to replace the
bond that is filed with the Town with a bond of Schoonmaker Homes
Inc. in the sum of $100,000.00. He recommended the Board to grant
their request to replace the existing bond (of Hankins) on Spook
Hill Estates with the one performing.
MR. JENSEN moved to grant the request of Mr. Hankin to release
Bond #912354 issued by Republic Ins. Co. filed for Spook Hill
Estates in exchange for a like bond, in the sum of $100,000.00
from Schoonmaker-Homes the -, = suzbjeet to the same- conditions stip-
ulated by the original Town of Wappinger Town Board and Planning
Board approvals and Town of Wappinger Highway Specifications; and
further' authorize the Towr3 Clerk to- deliver -the original Bond
(#912354 issued for Pre -fab City Inc•. -and Sam and Robert Hankin
Co:" Principals) for Spook Hill Estates to the owner, and replace
it with the bond that.Schoonmaker Homes Inc. has offered, being
Bond #62-45-42, to guarantee completion of the development -known
as Spook Hill Estates. in accordance with the Town Board and
Planning Board requirements, and the Town Highway Specifications.
Seconded.by,Mr. Saland.,
Roll Call Vote: 4:Ayes 0 Nays
Mr. Diehl read the following letter:
June 12, 1974
Town Board
Town Hall
Mill Street
Wappingers Falls, New York
Re: Rockingham Farms Drainage Problem
Gentlemen:
I have reviewed again with Mr. Lapar the drainage situation
of Rockingham Farms. There are a few areas that would appear
not to be in' -accord with the original plan. It would appear,
however, that correcting these minor problems would not have a
serious impact upon the over-all problem that would be caused
in a heavy storm.
I do, however, recommend that we request the developer to
do the _following:
1. .Correct -;the minor drainage problems,.that would .appea '
to be in conflict with the original plan.
2. Complete the recreation area as promptly as possible.
3. Complete and dedicate to the Town the roads.
I await your instruction with regard to giving this direction
to the developer.
Very truly yours,
s/ Allan Rappleyea
It has been Mr. Diehl `s feeling and intent- that it is long past
the time that we sho�Zld finish off Rockingham., Mr. Rappleyea be-
lieves the question was raised, whether or not the developer is
awaiting some further word from the Town as to what to do about the
drainage. Mr. Jensen raised some questions on the Recreation Area,
there apparent neglect on moving forward or fulfilling the obliga-
tions in this quarter,. Mr. -Diehl believed that when the Attorney
222.,
gets_this kind of instruction from the Board, he can say to them,
the Town is ready to accept when you are ready to deliver, for
example, -if they feel that when they get that recreation area
ready it's going to be approved by the Engineer and the Commission,
up to now, we don't believe them or they don't believe us, it's
sort of a stalemate. He thinks the thing to say is, we expect so
much and when that is done they have performed to the Town Specifi-
cations. Mr. Rappleyea indicated that, if the Board so directed
him, he would simply write them a letter saying that the Town
Board has directed him to advise them to complete the Recreation
Area as they said they would as promptly as possible; to complete
the drainage work that they said they would do; to correct the
differences that exist in the original filed plan and drainage
plan, and any additional work they intend to do; and, if they are
prepared to, if the roads are up to Town standards offer them for
dedication.
MR. JENSEN moved to take the recommendation of the Attorney to the
Town to draft a letter to the developer in question (Schoonmaker)
and to stress the three points in his letter, of June 12, 1974, the
Town Boardreserving the right for additional action.
Seconded by Mr. Diehl.
Roll Call Vote: 4_Ayes 0 Nays
Mr. Jensen reported that he was actively seeking some quotes for
professional cleaning services for the Town Offices and Town Hall
Building. Hopefully some quotes will be received for the next
regular Board meeting.
The following letter was received:
June 17, 1974
Town of Wappinger
Town Clerk's Office
Mill St.
Wappingers Falls, N.Y.
I request a hearing on the subdivision of the property Mr. N.
Scofield owns on All Angels Hill Road, Town of Wappingers.
There is some confusion between Mr. Lapar, Mr. Horton, and Mr.
Scofield :as to what map #3926 depicts. The minutes of the Town
Board, meeting held April 8, 1974 testify to that fact.
1. takea. firm stand on the two following exceptions;
1. The directing affluents from the road and property
acrossmy property..
2. The directing affluents from the property and road
into the pond abutting my property. The owner of
that property, Mr. Perkins, and I have.a flooding
problem to resolve. The additional water directed
into the pond will compound the problem as will the,
addition of the Town of Wappinger as a correspondent
if litigation is necessary.
Please advise meof the.. dateyou will -add this request:
to your calendar.
Yours truly,
s/ R. William Vrooman
MR. SALAND moved that this matter be referred to the Attorney to
the Town who, in conjunction with the Engineer to the Town and
Highway Superintendant, investigate and report back to the Board.
Seconded by Mr. Jensen.
Roll Call Vote: 4 Ayes 0 Nays
Mr. Rappleyea reported on the progress of the closing for Mid- •
Point Park Sewer and Revere Ridge and Water systems. Mr. Jensen
voiced some concern over the operation of sewer plant, had there
been any further evidence that Mr. Trautmanis would abandon the
plant since there has been a hold-up in negotiations. Mr. Rapple-
yea indicated there was no problems in this respect, as he and
Mr. Trautmanis were working together on the transaction and Mr.
Trautmanis would continue to operate it. Mr. Jensen commented
that it would be within reason, while the Town was waiting for the
negotiations to be completed, possible contact Camo Pollution or
some other company, and ask them some cost estimates on the opera-
tion and maintenance of the plants, with them doing all the work
on those plants, as they are doing presently. Hopefully by next
meeting he can have available some cost figures from CIC or Camo
doing the whole job - not using any Town personnel. Mr. Rappleyea
also commented that he did not See too much of a risk, . if the
1
Board was in agreement, to direct the Engineer to prepare and
perhaps advertise for making the improvements to the Mid -Point
Sewer Plant.
MR. JENSEN moved that the Engineer to the Town be instructed to
advertise for the capital improvements to be done to the Mid-
Point Sewer District, less the TV'ing of the lines, but includ-
ing all other recommendations of the Engineers for this contract,
it is further understood that if the District is not approved by
P.S.C., et al, that the bids would be rejected without prejudice.
Seconded by Mr. Saland.
Motion Unanimously Carried
MR. SALAND moved the meeting be adjourned, seconded by Mr. Jensen
and unanimously carried.
The meeting adjourned at 9:02 P.M.
Spl. Mtg. 6/19/74
bL L 7,&5_410cle� .
Elaine H. Snowden
Town Clerk
2.2 4 4.
A Public Hearing was held by the Town Board of the Town of
Wappinger on Wednesday, June 19, 1974, at Town Hall, Mill Street,
in the Village of Wappingers Falls, Dutchess County, New York
on a proposed Local Law Relating to the Imposition, Charge and
Collection of Water Rites for Central Wappinger Water Improvement
Area.
Supervisor Diehl opened the Hearing at 7:40 P.M.
Present:
Louis Diehl, Supervisor
Louie Clausen, Councilman
Leif Jensen, Councilman
Stephen Saland, Councilman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Others Present:
Allan Rappleyea, Attorney to the Town
Rudolph Lapar, Engineer to the Town
The Town Clerk offered for the record the Affidavit of Posting
and Publication duly signed and notarized by Albert Osten of the
W&SD News. (These Affidavits are attached hereto and made a
part thereof of the minutes of this Hearing).
The Local Law was read and it was noted the effective date would
be July 1, 1974.
No one spoke.
The Hearing closed at 7:50 P.M.
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
QF
A LOCAL LAW RELATING TO THE IMPOSITION,
'CICHARGE AND COLLECTION OF WATER RATES FOR
l' THF. CONSUMPTION AND USE OF WATER_ FOR CENTRAL
WAPPINGER WATER IMPROVEMENT AREA.
INSTATE OF NEW YORK )
) ss:
(I COUNTY OF DUTCHESS )
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEW, being duly -sworn, deposes ar4d says
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess and
State of New York.
That on June 5th,. 1974, your deponent posted a copy of
the attached notice of time, place and date of Public Hearing
on a proposed Local Law relating to the Imposition, Charge
it
, and Collection of Water Rates for the Consumption and use of
Water for the Central Wappinger Water Improvement Area in the
Town of Wappinger, on the signboard maintained by your depo-
nent in her office in the Town Hall of the Town of Wappinger,
Mill Street, in the Village of Wappingers Falls, Town of
Wappinger, Dutchess County, New York.
!l
Sworn to before me this //9
day of
Notary Public
ELEA'.;^Z J. CROSHIER
State of New Ye*
4519574 Dutchess County
Commission expires March 30, 19.1
1974.
Elaine H. Snowden
Town Clerk
W. and S. D.
NEWS
DISPLAY ADVERTISING •-
CLASSIFIED ADVERTISING
AX 7 — 3724
20 EAST MAIN STREET - WAPPINGERS FALLS
PLEASE TAKE NOTICE that the
Town Board of the Town of Wappinger
will conduct a public hearing at the
Town Hall, Mill Street, Wappingers
Falls, New York On Wednesday, June 19
1974 at 7:30 P.M. EDST,.to hear • all
persons concerning a ,Local Law
Relating to the Imposition,. Charge and
Collection of Water Rates for the Con-
sumption and use of Water for the
Central Wappinger Water Improvement
Area as well as the Penalties and En.
forcement Thereof. -
Elaine H. Snowde:
Own Cler _-
Dated: May 3L 1974
Wappingers Falls, NY
AFFIDAVIT OF PUBLICATION
State of New York.
County of Dutchess.
Town of Wappinger.
Beatrice Osten
of the
Town of Wappinger. Dutchess County, New Yak.
being duly sworn, says that he is. end . the several
times hereinafter was, the R' : ;r e ; ;s Ls.bcg
W. & S.D. NEWS. a newspaper printed and published
every Thursday in the year in the Town of Wappinger.
Dutchess County, New York, and that the annexed
NOTICE was duly published in the said newspaper for
... =Ct... week succeuively.... PACO. in each week.
commencing on the....641..day of June
1975. and on the following dates thereafter, namely on
and ending on the 6th . day of.... June.
1975. both days inclusive.
•
Subscribed and sworn to before me
this. day of June.
19..15
- MIy Public
My commission expires
ALBERT M...OSTEN
NOTARY PUBLIC, STATE OF NEW YORK
QUALIFIED IN DUTCHESS COUNTY
*14-8240760
COMMISSION EXPIRES MARCH 39, 19;16