1972-12-11 RGMAGENDA --TOWN BOARD
DECEMBER 11, 1972
1. Supervisor Call Meeting to Order
2. Roll Call
3. Accept Minutes--Nov.13,Reg. Nov. 17 Sp., Nov. 27, Sp.
4: Reports of Officers: Supervisor, Town Justices Building
Inspector
Bills:
General Fund: OKSD: FLTSD:
Highway Fund: OKWD: FLTWD:
RFSD:
Petitions & Communications
a. 'Wm. Bulger re: Legislation Affecting Local Court
b. Peddler's application -Donald Bell --Charles Cortellino
c. J. Thomann request to accept Deer Run & Vorndran'Dr.
Sect. III Edge Hill Manor
d. Mihans re: Fleetwood repairs ,
e. Mihans re: request to purchase station wagon or light
utility truck.
f. John M. Reed re: acceptance of roads in Mid -Point
Park "(Royal Ridge)
Recommendation from Zng. Regulations, Advisory Comm.
g.
6. Reports of Committees
7. Resolutions
Sect. 421.3 Zng. Ord. Amendment ---Transfers
Unfinished Business
a. Order from Public Service Comm re: Tall Trees
Rate Schedule
b. Charles Cortellino request to apply for Membership
NYS Asscn.'of Cons. Commission
9. New Business
10. Adjournment
The Regular Monthly Meeting of the Town of Wappinger Town Board
was held on December 11, 1972, at the Town Hall, Mill Street,
Wappingers Falls, New York.
Supervisor Diehl called the meeting to order at 8:26 P.M.
Present:,
Louis Diehl, Supervisor
Louis Clausen, Councilman
Hairy Holt,(;Coupcilman
Leif Jensen, Councilman
Stephen Saland, golanci1man
Elaine H. Snowden; 'Pawn Clerk
Others Present:
William Horton, Superintendent of Highways
,...p Algin. E. Rappleyeat.Attorneyt9tWTown
Rudolph E. Lapar, Engineer to the Town
The minutes of the November 13, 1972 Monthly Mee.t.ingand the Special
.Aeet.ings of November 17, 1972 and Novemper 27, 1972 laving,:
been:
prev 4 y.aent to the Town Board members, were now placed before
them, goR, their approval.
MR. CLAUSEN moved the minutes of the November 13, 1972 Regular
Monthly Meeting and the Special Meetings of November 17, 1972 and
November 27, 1972, as submitted by the Town Clerk be and they are
hereby approved.
Seconded by Mr. Holt.
Motion Unanimously Carried
Reports for the month of November were received, from the Supervisor,
Town 4. st , es, anc Building Inspector.
MR. CLAUSEN moved the Reports from the Supervisor, Building Inspector
and Town Justices, for the month of Noviember, be accepted and placed
on file.
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Seconded by Mr. Jensen.
Motion Unanimously Carried
Bills presented for payment for the month were as follows:
Qene,l.,Zrl; $871,3?4.62 OKSD: $247.49 F1tSD: $454.16
Highway Fund: 12,708.23 OKWD: 122.57 F1tWD: 131.84
RFSD: 13,039,78
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MR. CLAUSEN moved the bills be paid, subject to audit.
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Seconded by Mr. Holt.
Motion Unanimously Carried
Judge William Bulger had written to the Board regarding efforts
that are being made to do away with the local court system �f the
State of New York. He requested to speak before the Board concern-
ing this matter. The Judge ;felt that abolishing the -local courts
would be a disservice to the; citizens and local government. It
would be expected that the taxpayer would pay a lot more in taxes
for a lot less in local services. For this reason he asked the
Board, if it so sees fit,' torjadopt a resolution to be directed to
our legislators requesting they oppose any attempt to do away with
the local court system. He !further stated that he would be"glad
to supply to the Board a resolutionto this effect if they so desire.
The Board concurred with Judge Bulger, and indicated they would
fadorably consider a resolution forwarded by him on this subject.
An application was received from 'Donald Bell for a Hawking and
Peddling License. The application had been referred to the Dutchess
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County Sheriff's Department, and returned indicating no criminal
record in file.
MR. HOLT moved to approve the application and grant Donald Bell a
license for Hawking & Peddling in the Town of Wappinger.
Seconded by Mr. Clausen.
Motion Unanimously Carried
An Application was received from Charles A. Cortellino for a
Hawking and Peddling License. The application had been referred
to the Dutchess County Sheriff's Office, and returned indicating
no criminal record in file.
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MR. HOLT moved to table. Mr. CortallihG�s application.
Seconded by Mr. Clausen.
'Motion Unanimously Carried
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A request was received from James Thomann to accept Deer Run and
Vorndran Drive, (Sect. 111 of Edge Hill Manor) as Town roads, also
asking for a letter to release a cash bond held by the Empire
National Bank, and release $500 cash bond held by the Town for snow
plowing. -
Mr. Horton stated that Deer Run and Vorndran Drive have exceeded
the specifications they were under and are complete. The only thing
the Board might want to take under consideration is the trouble with
the water coming down from the back of the houses. There would,
however, be no solution as a road problem on these two roads, it's
private property to private property and would have no bearing on
accepting the roads. Mr. Rappleyea advised the Board that the
Town still requires the presentation of deeds and certification of
title and certification of monuments. He would presume that the
Board would not accept these roads tonight in absence of these items.
MR. CLAUSEN moved to table Mr. Thomann's request for acceptance of
Deer Run and Vorndran Drive until all the deeds, certificates of
title and monuments are received.
Seconded by Mr. Holt.
Motion Unanimously Carried
A memo was received from William Mihans regarding the repair of the
sludge return pump at Fleetwood.
Mr. Jensen stated that he believed corrective action was taken on
that as it could have been an emergency.
A request was received from William Mihans for the purchase of
either a station wagon or light utility truck for the water and
sewer departments.
MR. HOLT moved to table Mr. Mihans request for a vehicle for the
water and sewer departments.
Seconded by Mr. Saland.
Motion Unanimously Carried
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A letter of resignation was received by the Town Board from William
Mihans, Superintendent of the Water and Sewer -Plants.
Mr. Jensen recommended this matter be tabled until the next regular
Board meeting, and it was so directed by the Supervisor.
Mr. Clausen suggested at this point that, there being various ways
in which the Town may proceed on sewer and water operators, it might
be the time now that the Town should get all the facts and figures
and evaluate exactly what we're doing. He said, further, that
since Mr. Lapar is studying, and putting together, a water and
sewer program for the Town, that if we do have a sewer and water
operator hired by the Town, and it's agreeable with Mr. Lapar, that
the operator go through him in engineering matters, that there be
some type of control by the Engineer to the Town rather than two
or three different people giving suggestions and looking at it
from different aspects. It was his suggestion that the operator
would be under the guidance of the Engineer to the Town in relation
to engineering specifications of water and sewer plants in the
future. Mr. Jensen commented that the operators in the past have
been in close contact with the Engineer along these avenues when it
gets beyond the operating maintenance. Mr. Clausen said the Town
had been fortunate in the past, but looking into the future, when
the Town is in the process of going to other individuals, he would
like it to become a matter of record that future operators realize
that this close cooperation does benefit the Town, and they should,
in fact, by authorization of the Town Board, go through the Engineer
as they have been in the past.
MR. JENSEN moved that the liaison be kept between the Sewer and
Water Departments and the Engineer to the Town.
Seconded by Mr. Clausen.
Motion Unanimously Carried
5
A letter was received from John M. Reed, representing Mid -Point
Park Subdivision, requesting the Town to accept the roads in this
subdivision.
Mr. Horton stated that none of these roads areiready for acceptance.
MR. CLAUSEN moved, upon the recommendation of ther.Highway :Superin-
tendent, that the request to accept the roads in Mid -Point Park
(Royal Ridge) be denied.
Seconded by Mr. Jensen.
Motion Unanimously Carried
A memorandum was received from the Zoning Regulations Advisory
Committee with the recommendation that Section 412.02 of the Town
of Wappinger Zoning Ordinance, adopted January 29, 1963, be repealed
- in its entirety.
MR. JENSEN moved to direct the Attorney to prepare a resolbtion
and whatever else is required in connection with the elimination
of Section 412.02 from the Town of Wappinger Zoning Ordinance;
and further, that this recommendation be forwarded to the Dutchess
County Department of Planning and Town of Wappinger Planning Board
for their review and recommendation.
Seconded by Mr. Saland.
Motion Unanimously Carried
Mr. Jensen further commented that it appears to him, after many
readings of the Town Ordinance, that the original intent was to
bring in central water and sewerage by the developer wherever it
seemed feasible. It seems the Town has gone beyond that now, with
municipal water and sewer becoming a -)reality. Possibly this section
has lost its original intent.:
A request was received from Mr. Diehl and Mr. William Egan to attend
an informational workshop in Albany on Federal Revenue Sharing on
December 20, 1972.
MR. CLAUSEN moved that permission be granted Mr. Diehl and Mr. Egan
to attend the workshop in Albany, and that their legitimate expenses
be a Town Charge.
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Seconded by Mr. Saland.
Motion Unanimously Carried
A letter was received from Rudolph Lapar requesting an executive:
session early in 1973 with the Town Board, the New York State -_Depart-
ment:of-_Environmental Conservation, and the Dutchess County Health:
Department.. in order: to determine the ultimate development._ of the.,
Wappinger Sewer Improvement Area #1.
Mr. Diehl directed Mr. Lapar's request be carried over to the
January meeting.
Mr. Jensen, ,under Committee reports, stated that the Southern_.
Dutchess 1990 meeting last week had, been well -attended. Dave -
Portman, for Frederick_. Clark Associates discussedgrowth patterns,
among other things. There will be another public meeting in January.
Mr. Clausen, with respect to the new Town Hall site and Building
Committee, reported that he and Mr. Jensen, are looking at various
parcels within the Town to get a comprehensive report to the citizens,
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and Mr. Jensen has asked Mr. Lapar to come up with facts and figures
to see what it would cost to renovate the existing Town building to
get the maximum utilization out of it.
MR. CLAUSEN moved that the Town Board authorize Mr. Lapar to come
up with this study on the existing Town Hall Building.
Seconded by Mr. Jensen.
Motion Unanimously Carried
Mr. Saland, regarding the Landfill, commented that he had occasion
to attend a joint meeting in November, at which Mr. Diehl made the
motion for the second time to see what he could do about removing
Mr. Joseph Mihans. Mr. Diehl's motion, at that time, had failed
for the lack of a second. He believes that he and Mr. Diehl are
of a similar mind at this point. It is apparent, through the Health
Department reports that the situation has not improved despite the
numerous' threats. Mr. Saland again requests that this Town Board
go on record seeking the removal of the gentleman who is administer-
7 i087"
ing the landfill site,,with the idea being perhaps that we can
improve -the administration of the site. Mr. Diehl stated that he
had indeed made the motion again at the following meeting - he makes
it every month - with the same results. He does believe now, how-
ever, that other members of the Landfill Board of Governors are
concerned and are thinking in the same direction as himself.
MR. SALAND moved that Mr. Diehl continue to express this Town Board's
desire to call for the suspension of the Superintendent of the Land-
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fill due to improper operations and administration.
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Seconded by Mr. Diehl.
Motion Unanimously Carried
Mr.'.: Clausen brought up the problem of the leaking roof. He mentioned
that the Town Clerk.had been asked to contact some roofing firms to
come up with a bid. Six firms were contacted (three of whom: -physic-
ally inspected the roof) and one evaluation recommendation was
received from Vanguard Organization Inc. They quoted $1,915..00 to
accomplish the repair work, and indicated temporary repairs could
also be made to eliminate immediate leaks until early spring when
the work could be accomplished in full.
MR. CLAUSEN moved to accept the quotation from Vanguard Organiation
Inc., and further to direct Mr. Rappleyea to draw up a contract
that would enable the firm to proceed immediately with temporary
repairs and complete the work in the Spring for the price quoted.
Seconded by Mr. Jensen.
Motion Unanimously Carried
Mr. Diehl, referring to a meeting held with Cole, Layer,.Trumble
-Company, the Town Assessor, Town Board and Board of Assessment
Review, regarding the County reappraisal. The appraisal manual
had been brought in by Mr. Logan, and Mr. Diehl turned this over
to the Town Clerk at this time.
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Mr. Holt, with reference to the Narcotics Guidance Council, commented
that a meeting had been called by the new Chairman, Al Roberts for
familiarization for potential members on December 13th in the Town
Hall. This is to apprise candidates for the Council as to the re-
quirements and
e-quirements'and qualifications, and, following that, they will have
some requests to make of the Town Board as to membership on the
Council. -.
A Public Hearing was duly held on November 27, 1972 on the proposed
amendment to Section 421.3 of the Town of Wappinger Zoning Ordin-
ance, at which time affidavits of Posting and Publication were
offered for the record, and all interested persons were heard.
The_matter was:now placed before the Board for their._ consideration.
The following Ordinance was introduced by COUNCILMAN CLAUSEN who
moved its adoption:
BE IT RESOLVED by the Town Boar$f the Town of Wappinger,
Dutchess County, New York, pursuant to the authority conferred by
the laws of the State of New York as follows:
Section 1: Section 421, Subdivision 3, is hereby amended
to read as follows:
"Section 421
3. Farm use, farm produce stand*, zoological farm*
or park*, zoo;* game farm*, nursery* and green house*,_
provided that no unenclosed storage or manure, or odor or
dust producing substance shall be permitted within one
hundred (100) feet of any street or residential property
line".
Section 2: This ordinance shall take effect immediately
upon adoption, posting and publication as prescribed by Town Law.
Seconded by: Mr. Jensen
Roll Call Vote:
Supervisor Diehl:_ Aye
Councilman Clausen Aye
Councilman Holt =. Aye
Councilman Jensen Aye
Councilman Saland Nay
Mr. Saland qualified his Nay vote with the statement that he
thought it was inopportune at this time to pass this resolution
until we had further opportunity to speak with the principals that
are interested in the development of that particular section (on
Robinson Lane).
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Although he is not opposed to the change, he would have preferred
to confer and speak with them at greater length before going ahead
and passing this resolution.
A request for transfers of accounts was received from the Super-
visor's Office.
The following resolution was offered by COUNCILMAN HOLT who moved
its adoption:
WHEREAS, the sum of $3,600.00 has been appropriated to
Account #A1355.4. This account has been overexpended-and over-
drawn by the sum of $193.81. In order to meet bills presented
for payment, the additional monies were obtained from Account
#A8030.4. We, therefore, recommend that the Town Board authorize
the transfer -of the sum of $500.00 from Account #A8030..4 to
Account.#A1355.4An order to eliminate the overdraft and reimburse
said account and in order to meet future bills presented for
payment against said account, and confirm the previously unauthor-
ized'appropriation.-.
RESOLVED, that the sum .of $500.00 be and the same hereby is
appropriated to account #A1355.4 and that the said sum is hereby
transferred thereto from account #A8030.4.
Seconded by: Mr. Clausen
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN HOLT who moved
its adoption:
WHEREAS, the sum of $13,900 has been appropriated to
Account #A1110.1. This account will be overexpended and over-
drawn:by-.the sum of $400.00. In order to meet the bills presented
for.payment the additional monies will-be'obtained from Account
#8030.4.: We, therefore recommend that the.Town Board authorize
the transfer of the'sum of $400.00 from Account #A8030.4 to
Account #A1110.1 in order to eliminate an overdraft and reimburse
said account
RESOLVED, that the sum of $400.Q0 be and the same hereby is
appropriated to Account #A1110.1 and that the said sum is hereby
transferred thereto from Account #A8030.4.
Seconded by: Mr. Clausen
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN HOLT who moved
its adoption:
WHEREAS, the sum of $2,000.00 has been appropriated to
Account #A8510.4. This account has been overexpanded and over-
drawn by the sum of $178.57. In order to meet bills presented
for payment, the additional monies were obtained from Account
#A8030.4. We, therefore, recommend that the Town Board authorize
the transfer of the sum of $178.57 from Account #A8030.4 to
Account #A8510.4 in order to eliminate the overdraft and reimburse
said account, and in order to ratify and confirm the previously
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unauthorized appropriation.
RESOLVED,: that the sum of .$178.57 be andthe same hereby -is
apprgriated to Account #A8510.4 and that the said sum is hereby
transferred thereto from Account #A8030..4
Seconded by: Mr. Clausen
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN HOLT who moved
its adoption:
WHEREAS, the sum of $4,200.00 has been appropriated to
Account #A1450.2.. This account has.been overexpended and.•over-
drawn by the sum of $703.45. In order to meet bills"presented
for payment, the additional monies were_obtained from Account
#A1450.-1. We, therefore, recommend that the Town Board authorize
the:transfer..of.the--sumi-of $7Q3.45 from.Account4A1450.1 to.
Account #A1450.2:in order.to eliminate the:overdraft and reimburse
said aecoutn;• and in order:to ratify and confirm the previously.:
unauthorized appropriation.
RESOLVED, that the sum of $703.45 be and the same hereby is
appropriated to Account #A1450.2 and that the said sum is hereby
transferred thereto from Account #A1450.1.
Seconded by: Mr. Clausen
MotionUnanimously Carried
Thefollowingresolution was offered by COUNCILMAN HOLT who moved
its adoption:
WHEREAS, the sum of $300.00 has been appropriated to
Account #A3310.4. This account has been overexpended and over-
drawn by the sum of $610.19. In order to meet bills presented
for payment, the additional monies were obtained from Account
#8030.4. We, therefore, recommend that the Town Board authorize
the transfer of the sum of $610.19 from Account #A8030.4 to Account
#A3310.4 in order to eliminate the overdraft and reimburse said
account, and in order to ratify and confirm the previously un-
authorized appropriation. -.---
RESOLVED, that the sum of $610.19 be and the same hereby is
appropriated to Account #A3310.4 and that the said sum is hereby
transferred thereto ' from .Account #A8030.4 .
Seconded by: Mr. Clausen.
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN HOLT who moved
its adoption:
WHEREAS, the sum of $1,000.00 has been appropriated to
Account #DB5120.1. This account has been overexpended and over-
drawn by the sum of -$480.16. " In order to meet bills -presented
for payment, the additional monies were obtained from Account
#DB5120.4.- We; 'therefore, recommend that the Town Board author-
ize the transfer of the sum of $480.16 from Account #DB5120.4 to'
Account #DB5120.1 in order to eliminate the overdraft and reim-
burse said account, and in order to ratify and confirm the pre
viously unauthorized appropriation.
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RESOLVED, that the sum of $480.16 be and the same hereby is
appropriated to Account #DB5120.1 and that the said sum is hereby
transferred thereto from Account #DB5120.4.
Seconded by: Mr. Clausen
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN HOLT who moved
its adoption:
WHEREAS, the sum of $2,850.00 has been appropriated to
Account #A3310.2. This account has been overexpended and over-
drawn by the sum of $162.30. In order to meet bills presented
for payment, the additional monies were obtained from Account
#A8030;4. We, therefore, recommend that the Town Board authorize
the transfer of the sum of $162.30 from Account #A8030.4 to Account
#A3310.2 -in order to eliminate the overdraft and reimburse said
account, and in order to ratify and Confirm the previously un-
authorized appropriation.
RESOLVED, that the sum of $162.30 be and the same hereby
is appropriated to Account #A3310.2 and that the said sum is
hereby transferred thereto from Account #A8030.4.
Seconded by: Mr. Clausen
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN HOLT who moved
its adoption:
WHEREAS, the sum of $19,000.00 has been appropriated to
Account #DR5112.4. This account has been overexpended and over-
drawn by the sum of $1,937.76. In order to meet bills presented
for payment, the additional monies were obtained from Account
#DR5112.1. We, therefore, recommend that the Town Board authorize
the sum of $1,937.76 from ,account #DR5112.1 to Account #DR5112.4
in order to eliminate the overdraft and reimburse said account,
and in:order to ratify and confirm the previously unauthorized
appropriation.
RESOLVED, that the sum of $1,937.76 be and the same hereby
is appropriated to Account #DR5112.4 and that the said sum is
hereby transferred thereto from Account #DR5112.1.
Seconded by: Mr. Clausen:
Motion Unanimously Carried
MR. CLAUSEN moved that a_letter be sent to all Town Department
Heads, asking that they submit all bills for payment of outstanding
services etc. for 1972 in by December 22, 1972, arid, further, that
a Special Meeting be called for the purpose of transferring any
overdrawn accounts and auditing the final bills for the Year 1972,
on December 28, 1972 at 7:00 P.M. at the Town Hall.
Seconded by: Mr—Holt Motion Unanimously Carried
•
The following letter was received from the Supervisor's Office:
December"5, 1972
To: Town Board Members
From: Supervisor's Office
Re: Transfer of Monies
The Supervisor's Office is requesting the Town Board to
transfer the sum of $4,212.19 from the Highway Improvement
Program to the Highway Fund, Item 1.
This money is in an unused fund and was included in this
year's budget as part of Highway Item I, Unexpended Balance.
In order for the Supervisor's Office to transfer these
monies -it needs a resolution from -the Town Board. In the 1972
Budget the unexpended•balance in Highway Item I was estimated
to be $49,000.°°. The actual unexpended balance was $46,879,00
and in order to meet this year's budget this resolution should
be granted.
Respectfully submitted,
Supervisor's Office
MR. CLAUSEN moved to concur with the recommendation from the Super-
visor's Office and authorize the Supervisor to transfer the sum of
$4,212.19 into Highway Item I from the Highway Improvement Program.
Seconded by Mr.Holt.
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN CLAUSEN who
moved its adoption:
WHEREAS, the Town of Wappinger is presently occupying premises
owned by the County of Dutchess known as the Dutchess County Airport
Landfill Site and is operating the same in conjunction for other
municipalities, and
WHEREAS the County -6f Dutchess proposes to make improvements
upon said premises to provide that the said premises comply with
the New York State and the United States Statutes and Ordinances,
NOW" THEREFORE,
BE IT RESOLVED that the Supervisor of the Town of Wappinger
is hereby authorized and directed to execute a supplemental agree-
ment concerning said landfill site, a copy of which is attached
hereto.'
Seconded by: Mr. Jensen
Roll Call Vote: 5 Ayes
The. following Ordinance was introduced by COUNCILMAN HOLT who moved
its adoption:
The Zoning Ordinance of the Town of Wappingeradoptedon
January 29, 1963 and amended from time to time is hereby further
amended as follows:
SECTION 1: Article 220 entitled "DEFINITIONS" is amended
by providing that the sub -section thereof titled "Mobile Home"
is amended to read as follows
Mobile Home:Any vehicle or similar portable
structure with or without a foundation or wheels,
jacks, skirtings, wood or masonry block supports, de-
signed or constructed to be towed, driven or otherwise
transported to its resting site and which is further
designed to permit occupancy for dwelling or sleeping
purposes. The term "mobile home" shall .also include
the term "house trailer". A factory constructed home
approved by the New York State Building Council in
accordance with the provisions of the New York State
Building Code and as provided for in the New York
State Executive Law shall not be deemed to be a mobile
home.
SECTION 2. This Ordinance shall take effect immediately
upon adoption, posting and publication as provided by Town Law.
Seconded by: Mr. Clausen
MR. HOLT moved that the proposed Ordinance Amendment be forwarded
to the Dutchess County Department of Planning, Town of Wappinger
Planning Board for their review and recommendation, along with
the Building Inspector and Zoning Administrator, and a copy sent
to the Town Zoning Board. of Appeals.
Seconded by -Mr. Clausen.
Motion Unanimously Carried
Mr. Rappleyea, upon being asked bytSupervisor Diehl to.briefly
explain the above -amendments purpose,'explained that in the past,
the Town Zoning Administrator has taken the position that the
definition "Mobile Home" included those structures that require
transportation to the site by way of vehicle - specifically trac-
tor -trailer-- which would obviously include factory structured
modular homes. Starting in 1970 and continuing thereafter, the
State Building Council which is authorized pursuant to the Executive
Law, to amend the State Building Code has adopted rules and regula-
tions governing the inspection on the construction site, that is,
in the factories of modular or factory constructed homes and in
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accordance with their standards they have provided for the approval
of these homes and actual seals being placed upon them by inspectors
in the factories. The Town of Wappinger when it adopted a Building
Code, of course, adopted the State Building Code, so that in effect
they agreed to abide by the Law of the State Building Code require-
ments. Therefore, the State Building Council, by its regulations
have mandated the approval of factory manufactured homes, provided
they bore the .seal of the State Building Council so that it would
appear that if we're going to continue to abide by that State Build-
ing Code we are obliged to accept those homes that have been approved
by the State Building Council. As an additional factor, and a rather
weighty one, the Courts have held, on a couple of occations, that
the sound definition of a Mobile Home could not include a.so:.called
Modular -Home. The same ordinance was challenged in the Town of
Wappinger and the Town lost the suit, and the matter is now on
appeal. It would be his recommendation that if the Town is going
to follow the State Building Code that the Board adopt the particu-
lar ordinance so as to conform to the State Building Code and the
decisions of the courts rendered thus far.
A notice was received from Public Service Commission stating that a
Public Hearing would be held on December 21, 1972, at the County
Office:Building,,on the'application of Harry Raker for a raise in
water rates for Tall Trees development.
MR. HOLT moved that the Attorney to the Town be present at this
Hearing to represent the Town of Wappinger on behalf of the residents
of Tall -Trees. - -
Seconded by Mr. Clausen.
Motion Unanimously Carried.
MR. CLAUSEN moved that the request of Charles Cortellino to sub-
scribe to the New York State Association of Conservation Commission
be again tabled.
Seconded by Mr. Holt.
Motion Unanimously Carried
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Under unfinished,business, Supervisor' Diehl: recognized Louis Eck.
Mr. Eck'referred.back .to Mr.. Clausen's report -on. the Town Hall, and
said he'd seen a report from the State Inspector dating back to 1967.
He said Mr. Lapar should see it so he could come to a decision as to
what needs to be doneto the present Town Building. He hoped the
Board should look into all different angles. He then approached
the subject of the County Appraisal, more particularly this time
about notice of change to county residents, and then onto how they
can grieve and how can the Town accept the County figures. Mr. Eck
asked if he could go over the Cole -Layer Trumble Company Appraisal
Manual (Mr. Logan's copy). Mr. Diehl, having mentioned that Mr.
Logan had left it with him, and he'd leave it with the Town Clerk,
stated that Mr. Eck could inspect it in the Town Hall.
MR.-DIEHL moved that the Town Clerk be empowered to purchase or
obtain a copy of the Appraisal Manual for the use of the Board of
Assessment Review.
Seconded by Mr. Holt.
Motion Unanimously Carried
MR. SALAND moved that the Attorney to the Town prepare a resolution
with the assistance of Mr. Lapar, Engineer to the Town, to be pre-
sented before this Town Board within the next two weeks, and
simultaneously, being referred to both Dutchess County Department
of Planning and Town Planning Board, whereby all property on Route 9,
in the Town of Wappinger, which is not presently used for commer-
cial purposes, and not presently residential, be rezoned residential.
Seconded by Mr. Jensen.
Roll Call Vote:
Louis Diehl Nay
Louis Clausen Nay
Harry Holt Aye
Leif Jensen Aye
Stephen Saland Aye
Motion !carried
Mr. Saland stated his purpose would be primarily to avoid the strip
zoning that's in the process of occurring, allow planned commercial
development perhaps, who knows what might be in store with -some -
kind dfiplanned concentrated development of the area. As it is
- now, he thinks they are wasting an area that perhaps could be:the
prime source of ratables in:the.Town.
Mr: Jensen commented the possibilities of strip development on Route
9 must be offset. By rezoning these lands to residential, the Town
Board_aan.govern-the development of. Route 9, opposed to what is
mandatory now. -
Mr. Holt observed that all have experienced -driving -Route 9_through
the -Town of -Poughkeepsie. Had there been -a master plan -for that
whole.complex, an.exit at either end.withnaccess roads on -the backs
of -both properties -might have been designed, with a more comprehen-
sive traffic pattern than they have now. If the Town_of Wappinger
can, in some way gain a better control of the development of Route 9
through: this. motion, -the. Board has to look into it very seriously.
Mr. Saland said what frightened him was the prospect of the Town of
Wappinger stretch of Route 9 being nothing but_hot dog stands,
hamburger huts and. gas stations. Hopefully he'd like to circumvent
that.
Mr. Diehl, upon voting on the Resolution, stated that he would have
to vote no on the basis that approximately three years ago I commit-
ted myself to the public on this Board that Route 9 basically is a
commercial zone, and, on that basis he would have to vote no.
Mr. Clausen said, voting no, he also supported what Mr. Diehl said.
He basically stated that he thought Route 9 was the place for com-
mercial property. He also said Mr. Saland voted no on a past resolu-
tion for the Parkers World on the basis that he would liked to have
had more time to study it. This resolution just appeared this
evening, it was not discussed by the Town Board, is rather sudden
and he thinks presents some problems and could be prejudicial: He
would liked to have had more time to discuss it with the Board and
Mr. Saland, on that basis he voted no.
Mr. Jensen commenting on the subject of zoning, and the questions as
to the possibilities of law suits from the audience, he thinks it's
7
297
the responsibility of the Town Board to take in the whole scope of
the development of this Town. It is to be hoped that it is develop-
ed in an orderly fashion, and to say that he has been committed to
something three or five years ago is not thinking forward. He
referred to a large tract of land the Board zoned for shopping center.
back five or six years ago, no action has been taken by that parti-
cular person who asked for that rezoning, and with the influx of
other more recent shopping centers in the area, possibly that
classification should be changed. The Town Board has a responsibil-
ity to all the Town residents in the future to govern our own destiny,
and the only way to do this is govern it in the proper fashion.
The original zoning has been amended from time to time since its
inception, no plan is 100%, therefore there should be amendments
to everything when they are deemed necessary.
Mr. Diehl stated that when he said he was committed to it some time
ago, he will say again tonight that he believes Route 9 is the basic
place for commercial growth in the Town of Wappinger. As Mr. Jensen
said, the zoning ordinance as we have it is not 100% correct, and
perhaps he is correct there, and perhaps some of the recommendations
and changes tonight are not also 100% correct. -He also thinks the
ratables, with the properties of planned commercial development on
Route 9 are very essential to the Town municipal water and sewer
system - to the completion of that, the ratables there are most
necessary. As to the lands zoned shopping center, that is still
alive.
Mr. Jensen added that this was not to preclude that no commercial
development will ever happen on Route 9, this is not the intent
of this resolution. The intent is to help govern what is going to
be developed on Route 9. Further discussion and comments followed
amongst the Board members reiterating the pros and cons of Mr.
Saland's motion.
Mr. Finnan past (R) Councilman took issue with the proposed Route 9
rezoning to residential, pointing out that it seemed far better to
298
rezonethe suspect offenses rather than take this proposed step
and asked if the impact on the ratables had been taken into consid-
eration.
Supervisor Diehl recognized Charles Nadell, 30 Split Tree Drive,
who asked what was happening with the Town and their suit against
Malcolm Cornell Inc. He has spoken to Mr. Rappleyea on numerous
occasions with regard to this subject, and receives the same answer
that it is still pending before the court due to continuous adjourn-
ments. He questioned why the case can't finally be settled.
Mr. Rappleyea briefly reiterated the various reasons that have
stalled the due processes of this litigation. This problem was
further discussed covering the same ground that has been covered
many times regarding the responsibilities, emergencies, and liabil-
ities of this road problem.
Mr. Murray asked about stop signs being erected in developments
and was informed that they couldn't be erected on roads not yet
accepted by the Town and in other instances permission had to be
obtained from the State to place them.
Mr. Finnan asked Mr. Horton what was causing a flooding problem on
Old Hopewell Road at Ridge Drive. Mr. Horton said a spring must have
popped up, and has spoken to Mr. Petrovits about the situation.
MR. HOLT moved the meeting be adjourned, seconded by Mr. Saland and
carried.
The meeting adjourned at 10:30 P.M.
Reg. Mtg. 12/11/72
ai5N/s64,
Elaine H. Snowden
Town Clerk
WARRANT
To LOUIS DIIiL , Supervisor
Town of WAPPINGER
, County of W 405 , New York.
The following claims, having been presented to the Town Board of the Town of
WAPPINGER , and duly audited and allowed at a meeting thereof held on the
11th day of w �?• , 19 ?2, in the amounts hereinafter respectively specified, and
a certificate thereof having been duly filed in my office as Town Clerk, you arehereby authorized
and directed to pay to each of the following claimants the amount allowed upon his claim as
hereinafter stated:
CLAIM
No.
NAME OF CLAIMANT
819 Hodges Badge Co.pany,Inc.
820 Susan J. Pike
821
822
823
824
825
826
827
828
829
830
831
832
833
834
Francis Sherow
Sloper-Willen Community
lance Service, Inc.
utoaatic Voting
Chine Division
IR. D. Webster
IR. D. Webster
Joseph De Nagy
James T. Guarino
J & 1 Parsons, Inc.
'George Wells
'Thomas Logan
'Custom Cleaning Contr.
'Allan 1. aappleyea
'Rudolph E. Lapar, P. E.
Rudolph 1. Lapar, P. E.
835 Lombardi & Son, Inc.
836 Lombardi & Son, Inc.
Nathan J. Noose & Son
837 Agway Representative
838 Arthur J. Robbins, M.D.
839 Marine Midland Bank
840 Thomas H. Huhn
AMOUNT FUND OR
ALLOWED ACCOUNT
21.00 A7140.4
OTHER INFORMATION
9.70 18010.4
A1620.1 133.00
139.00 - A1620.4 6.00
i,250.00
,803.00
5.00
A4540.4
A1450.2
A3120.4
5.00 A3120.4
42.00 A1450.1
201.001 A3510.1
I65.201 13620.4
177.26' A3510.1
,4 / ti'
223.54' -*1355.4 f}
125.001 A1620.4
*1420.4
666.66 I 11420.4
A1440.4
41440.4
Angel Brook
Estates
833.32
.600.00
11,000.18
,179.79
252.60
25.00
225.00
8.96
841 Edna C. Winters I_ 32.50
; if 1/0i7
Tn Witness Whereof, I have hereunto se my hand
this 12th day of DECEMBER
[SEAL]
Serial Bond
/356 '1
375.00
291.66
166.66
666.66
Reimbursement from Ra.
Ind i Developer
Issue
Serial Bond Issue
A7110.4
*1110.4
A1620.4
A1450.4
A7110.1
i� W3lPPI11GER
and the Seal of the Town of
, 19 72
Town Clerk
To
WARRANT
LaiIB DIAL
, Supervisor
Town of WAPPIIIGBR , County of DUT011128
WAPPINGZR
, New York.
The following claims, having been presented to the Town Board of the Town of
, and duly audited and allowed at a meeting thereof held on the
llth dayof D8C R , 19 72 , in the amounts hereinafter respectively specified, and
a certificae thereof having been duly filed in my office as Town Clerk, you are hereby authorized
and directed to pay to each of the following claimants the amount allowed upon his claim as
hereinafter stated:
CLAIM
No.
NAME OF CLAIMANT
842 Clitilord Thorpe
843 Allan X. Rappleyea
844 Dr, Daniel J. Hannigan
North Cornty Pord
Tractor, Inc.
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
(AMOUNT
ALLOWED
78.7
10,740.0
311.
28..81
277..6!
17.55
8.35
399.25
16.20
8.00
13.00
51.06
28.83
5.29
14.50
22.50
37.45
171.86
32.16
108.00
12.781
11.61'
16.151
`/ /) 30 /..�G--
set m han and the Seal of the Town of WAPiTII1G>sA
Power Test Petroleum
The Lawyers Co-operative
Publishing Company
The Lawyers Coy -operative I
Publishing Company
Central Hudson Gas i Iles
Central Hudson Gas i Bloc
Marshall i Sterlinq,Inc.
Marshall & Sterling,Inc.
I.B.M.
Grey Hardware Company
Urey Hardware Company
The Pendell Press
The Pendell Press
'The Pendell Press
Xerox Corporation
Wand S.D. News
'W•and B.D. News
'Williamson Law Book Co.
Chester Sats Co.,Inc.
R. J. Brooker Company
FUND OR
ACCOUNT
OTHER INFORMATION
83620.4 25.75
88020..4 53.00
Serial Bondi Issue
A3510.4
A7110..4
A1621,4
A1110.4 7.85-
A1410.4 9.70
18010.4
A5182.4
A3310,4
A1910.4
A1910.4
A1220.4
A1450.4
A7110.4
A1110.4
A1620.4
A1620.4
A1620.4
86410.4
A6410.4
86410.4
A1110.4
A1620.4
63620.4
(Typewriter Repair)
37.44
70.56
in Witness Whereof, I have hereunto y
this 12th day of Mae= 19 72
Town Clerk
[SEAL]
WARRANT
To LOUIS DUHL , Supervisor
Town of MAPPINGER
, County of P156 , New York.
The following claims, having been presented to the Town Board of the Town of
NAPPINGER , and duly audited and allowed at a meeting thereof held on the
11th day of DEER , 19 72 , in the amounts hereinafter respectively specified, and
a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized
and directed to pay to each of the following claimants the amount allowed upon his claim as
hereinafter stated:
CLAIM
No.
NAME OF CLAIMANT
1AMOUNT FUND OR
ALLOWED ACCOUNT
865 R. J. Brooker Co.,Iac. 1.48- A1110.4
866 R. J, Brooker Co., Inc. 5..40 A1620.4
867 Sylvan Lake Telephone Co 9.25 A1620.4
868 Great Bear Spring Co. 30.00 A1620.4
Director of Beal
869 Property Tax 7.50 A1355.4
870 'Credit Bureau of Pough. 60.00 A1355.4
1 Capitol Highway
871 Materials, c.
OTHER INFORMATION
872 ventral Hudson Gas i Elea 259.85 1 A1620.4
873 A-1 Pence Co, Inc. 11,074.00- A7110.4
874 Badolph S. Laper, P. *.3,804.28 Wappinger Suer Imp. 01
875 Dave Alexander, Inc. 1960.00 17110.4
876 N a 8 Supply Corp. 1 9.74 A7110.4
(Hudson Val'ey Building
877 Materials, Inc. 167.65 A7110.4
878 1Clove Excaektors, Inc. 1983.36 A7110.4
879 Dennis Rainboth I 31.88 A7110.1
880 John Pray 192.00 A7110.4
881 ' George Schlathaus 28,50 A724,0,4
882 'Ralph Vinall 1347.50 87310.1
883 11i11ia J. Frederickson 1 98.00 A7140.4
884 'The B. P. Goodrich Co. 149.12 A7110.4
885 'Anthony Bose 20.00 A7110.4
886 1ltrlville Bleacher Corp. 936.00 17140.4
887 H. J. Meurer 31.70 17110.4
/ O O 4p- - w11PPDOGSR
In Witness Whereof, I have hereunto sett my hand and the Seal of the Town of
this 12th day of D , 19 72
Town Clerk
[SEAL]
To
WARRANT
LCUIS DUIHL
Town of WAPPDGIIR
, Supervisor
County of atnaniss , New York.
The following claims, having been presented to the Town Board of the Town of
and duly audited and allowed at a meeting thereof held on the
lith day of DI:MOM , 19.n., in the amounts hereinafter respectively specified, and
a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized
and directed to pay to each of the following claimants the amount allowed upon his claim as
hereinafter stated:
CLAIM NAME OF CLAIMANT AMOUNT FUND OR
No. ALLOWED ACCOUNT
A9060.8
.278.11 B9060.8
888 Hartford Life Ine. Co.
889 Mew York Telephone Co, 460,51 A1620.4
890 Pauline *gen , 15.00 A1220.1
K113Lf
OTHER INFORMATION
293.55
984.56
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of women
this 12th -
day of D1C1011111 , 1972
(SEAL)
Town Clerk
SPECIAL DISTRICTS
WARRANT
To LOUIS DIEHL , Supervisor
Town of
WAPPINGER
WAPPINGER
, County of DUB , New York.
The following claims, having been presented to the Town Board of the Town of
, and duly audited and allowed at a meeting thereof held on the
, 19 72 , in the amounts hereinafter respectively specified, and
having been duly filed in my office as Town Clerk, you are hereby authorized
to each of the following claimants the amount allowed upon his claim as
11th day of
a certificate thereof
and directed to pay
hereinafter stated:
CLAIM
No.
NAME OF CLAIMANT I AMOUNT FUND OR
ALLOWED ACCOUNT
193 Central Hudson Gas & Elec 131.84
194 R. H. Lingo, Inc. 3.98
Town of Poughkeepsie
195 rlington Sewage T.P. I 20.00
196!Central Hudson Gas & Ilse 183.58
197 'Central Hudson Gas & Bloc 122.51
198 IN & 8 Supply Corp.
Town of Poughkeepsie
199 Arlington Sewage T.P.
200 Central Hudson Gas & Elec
201 Axton Cross Company
202 'Axton Cross Company
203 J 8 8 Parsons, Inc.
Poughkeepsie-Wappinger
204 Landfill Project
205 (Anderson Bros. Elec.
206 (Central Hudson Gas & Elec
207 ICamo Pollution Control
208 IN & S Supply Corp.
209 IN & 8 Supply Corp.
210 IN & 8 Supply Corp.
211 Prof Poughkeepsie
ngton Sewage T.P.
lton Chazen -
212 onsulting Engineer
lton Chasen -
213 resulting Engineer
214 'Milton Chazen -
Consulting Engineer
215 IUrey Hardware Company
In Witness
this 12th
8W2-8320.4
881-8130.4
581-8130.4
881-8130.4
SW1-8320.4
200.15 882-8130.4
20.00 8824130.4
132.97
114.21
239.95
13.65
9.00
48.99
625.65
284.34
15.84
2.17
21.45
20.00
,991.60
,880.00
,693.70
I 87.04
882-84;0-4
883-8130.4
882-8130.4
883-8130.4
883-8130.4
883-8130.4
883-8130.4
883-8130.4
883-8130.4
883-8130.4
883-8130.4
883-8130.4
S83-8130.4
Rockingham
Bond Accoun
883-8130.4
881-8130.4
OTHER INFORMATION
38.07
76.14
72.01
15.03
WAPPINGER
Whereof, I have hereunto set my hand and the Seal of the Town of
day of DECEMBER , X32
Town Clerk
[SEAL]
SPECIAL DISTRICTS
To LOt1#S DIEHL
Town of WAPPINIGER
WARRANT
, Supervisor
, County of. __MAMA , New York.
The following claims, having been presented to the Town Board of the Town of
NAPPI1c1G13R , and duly audited and allowed at a meeting thereof held on the
11th day of D� , 1972 , in the amounts hereinafter respectively specified, and
a certificate thereof having been duly filed in my office as Town Clerk, ydu are hereby authorized
and directed to pay to each of the following claimants the amount allowed upon his claim as
hereinafter stated:
CLAIM
No.
NAME OF CLAIMANT
AMOUNT FUND OR
ALLOWED ACCOUNT
OTHER INFORMATION
216 W I S Supply Corps 32.1 SS3-8130.4
SS1-8130.4 24.90 083-8130.4 24.92
217 willies a. Nihans, Jr. 74.7 SAM -8130.4 24,90
Ton Gen,ilun l
Vou.• 890 Pauline Egan 26.25 SS3-8110.1
/ 4 9/. 7b' 7
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of WAPPUGZR
this 13th day of DSR
19_12
_ Town Clerk
[SE]
HIGHWAY DEPT.
WARRANT
To Louis D. Diehl , Supervisor
Town of Wspp1n sr , County of Dutchess , New York.
The following claims, having been presented to the Town Board of the Town of
Wappin9er , and duly audited and allowed at a meeting thereof held on the
l 1 thday of December , 19..1, in the amounts hereinafter respectively specified, and
a certificate thereof having been duly filed in my office as Town Clerk, yciu are hereby authorized
and directed to pay to each of the following claimants the amount allowed upon his claim as
hereinafter stated:
CLAIM
No.
NAME OF CLAIMANT
IAMOUNT FUND OR
ALLOWED ACCOUNT
259 lower Test Petroleum 342. 015110.4
260 Queen City Distributors 84.7 11
261 Clove Excevaters,Inc. 835.5 es
262 Wiortlskiil Rod & Dun 189. u
263 Spoor -Lieber Company 40. F " u
264 Thalman Equipment Co. 15.4 u
265 n u 11 IL R u
266 Vanes Auto i Air Express
9.4
u
OTHER INFORMATION
267 Capitol Highway Maters al a1 19. *5130.4
268 McDonald & McDonald,Inc. 24. ' 11
269 Acme Tank & Truck 233.1 u
270 Walter Smith Welding 4.5 t1
271 McCallum Chevrolet 8. u
272 Ellison Products 10.7 ti
273 .1 11 105. n
274 Roberts Diesel, Inc. 15.4 11
275 11 it /1 48.4 , Si
276 Fishtail Plains Swags 5.,t i'
277 Mal Eales & amply 16.9 1.
278 $ & K Auto Supply 622. u
279 Thalmen Equipment 4.0 /1
280 11 It 7. ' ' 1.
281 11 II 36.7 n
In Wit"fih Whereof, I ve h reunto set my harm and the Se19 f the Town of
r
this day of
[SEAL]
Inger
Town Clerk
To Louis 0. Diehl
WARRANT
, Supervisor
Town of Msppingor , County of 04114 , New York.
The following claims, having been presented to the Town Board of the Town of
WsP_PinDor , and duly audited and allowed at a meeting thereof held on the
11th day of_ , 1972..., in the amounts hereinafter respectively specified, and
a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized
and directed to pay to each of the following claimants the amount allowed upon his claim as
hereinafter stated:
CLAIM NAME OF CLAIMANT AMOUNT FUND OR
No. ALLOWED ACCOUNT
282 Hudson Aiwr $s1+os 3$9.85- ONS190.4
113_.Uy lW 4jr. Caumany 12AS 0
284Au oUoti w Broke 72.07 is
1 28 -Melton Al ley 139.90 "
286 Ki dom ass $ Service 1 a
287 Oolph' C. Hermon Company 433.°50 is
288 R.M. Lingo Inc. 51.03 u
289 1Itttsrntt.n1 Salt Co. 704.97 0$5142.4
290 1 " ii ii 666.12 n
291 ii a is.41691 o
292 Clove E*o.v.tors,Ins. 6149.50 i*6
293 1.11anos Misl.y 275:00 @$3140« 1
294 'low York Colmunlootions 438.00 0$5140.4
430 70.51,a3 ?o
OTHER INFORMATION
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of *POW
this 11th ,day ofCI" Nllber 1912..
[Sem]
Town Clerk