Loading...
1972-10-10 RGMAGENDA - TOWN BOARD. OCTOBER 10, 1972 1. Supervisor Call Meeting to Order 2. Roll Call 3. Accept Minutes -Aug. 14, Reg. Aug. 23, Sp.) Sept. 11, Reg. Sept. 26. Sp. 4. Reports of Officers- Building Inspector, Supervisor, Town Justices, Historia Bills: General Fund: Highway Fund: OKSD: F1tSD: OKWD: F1tWD: RFSD: 5. PETITIONS & COMMUNICATIONS a. Letter from Mr.&Mrs. Zipes re: water for DeGarmo Hills b. L. Kasprzak re: Wildwood II drainage c. Resignation of Dagney Morley, Election Insp. d. Replacement of Voting Machines e. Town Planning Bd re: Burgazzoli & Sect. 421.3 f. Cty. Dept. Ping re: Burgazzoli & Sect. 421.3 g. Agreement -Landfill h. Gutmann & Mihans request to attend workshop i. Proposal from Rudy Angelo Inc. Traffic Lights j. Gerzof & Kelley re: Insp. of sewer lines k. Cole Layer Trumble Co. re reappraisal 1. Vacancy B. of Assessment Review - Knud Clausen term expired 6. COMMITTEE REPORTS 7. RESOLUTIONS Schuele Stenger 8. Unfinished Business Lapar: Storm Drainage Reports PUD S. Pike: Report on Vorndran Deer R. e_rea 9. NEW BUSINESS 10. ADJOURNMENT To LZ.DIEHL Town of �'$ , County of "`""'"�`"p , New York. WARRANT , Supervisor wAPPTICSIR 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 10th dayof "" `'''''"'' , 1P , in the amounts hereinafter respectively specified, and a certificae thereof having been duly filed in my office as Town Clerk, yeti 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 1 AMOUNT FUND OR OTHER INFORMATION No. ALLOWED ACCOUNT 604 Louis Diehl 96.75 A1930.5 605 Nostra ©'Rourke 164.25 A1330.1 606 Prank Sherow, Jr. 17.50 *1620.4 607 tdna C. Winters 33.75 *7110.1 A1440.4 166.66 608 Rudolph E. Leper, P.M. 833.32 11440.4 666.66 609 Rudolph it. Laver, P. X. 30.00 *1620.4 610 award D. Weblitcy 6.25 A1110.4 611 Sward D. Webster 5.00 41110.4 611 Howard D. Webster 8.75 A1110,4 613 Susan J. Pike 9.60 98010.4 614 Custom Cleaning Contr. 125.00 A1620.4 Rlopor-Willen Community 615 Ambulance Service, Inc. 2,250.00 *4540.4 A1620.1 133.00 616 Francis Sherow 143.00 A1620.4 10.00 617 James T. Guarino 226.50 *3510,1 618 George Walls 186.85 *3510.1 A1420,4 375.00 619 Allan 1. 1appleyea 666.66 11420.4 291.66 620 Robert C. Barber 495.82 151324,4 621 R. J. Brooker Campan. Inc 26.50 A1110.4 622 Goldlief Reproductions 134.72 16410.4 623 Zerox Corporation 218,03 11620.4 624 Burroughs Corporation 10.00 A1330.4 625 Popper Hlectric company 626 Highland hospital 5.12 A1620,4 5.00 A1110.4 In Witness Whereof, I have hereunto sept my ha3nd and the Seal of the Town of WA IX1 R , 19 72 this_.11 .. -....-day of [SEAL] Town Clerk 1 229 The Regular Monthly Meeting of the Town Board of the Town of Wappinger was held on October 10, 1972, at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:08 P.M. Present: Louis Diehl, Supervisor Harry Holt, Councilman Leif Jensen, Councilman Stephen Saland, Councilman Absent: Louis Clausen, Councilman Others Present: William Horton, Superintendent of Highways Rudolph Lapar, Engineer to the Town Jon Adams (Associate of Allan Rappleyea, Attorney to the Town) The minutes of the August 14, 1972 and September 11, 1972 Regular Monthly Meetings; and the Special Meetings of August 23, 1972 and September 26, 1972, having been previously sent to the Town Board members, were now placed before them for their approval. MR. HOLT moved the minutes of the August. 14, 1972 and September 11, 1972 Regular Monthly Meetings, and the Special Meetings of August 23, 1972 and September 26, 1972, as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Jensen. Roll Call :Vote: 4 Ayes 0 Nays Reports for the month of September were received from the Supervisor, Building Inspector, Town Justices, and the quarterly report from the Town Historian. MR. JENSEN moved the September monthly reports be accepted and placed on file. Seconded by Mr. Holt. Roll Call Vote: 4 Ayes 0 Nays Mrs. Snowden noted that copies of the Tentative Budget had been submitted to each Town Board member on the 4th of October by her. The Tentative Budget, as prepared by the Supervisor, as Budget Officer of the Town of Wappinger and filed with the Town Clerk on October'2, 1972, is hereby submitted to the Town of Wappinger Town Board by the Town Clerk. Bills presented for payment are as follows: General Fund: $11,049.36 OKSD: $165.26 F1tSD: $304.55 Highway Fund: 19,322.54 OKWD: 122.25 F1tWD: 799.92 RFSD: 1,685.76 MR. JENSEN moved the bills be paid, subject to audit. Seconded by Mr. Holt. Roll Call Vote: 4 Ayes 0 Nays A letter was received from Mr. & Mrs. M. Zipes urging the Board to start the Public Water System along DeGarmo Hills Road at the earliest possible time, since they are concerned about their and their neighbors wells, as they appear to be running dry. They wished to be advised as to when they could expect to seethe start of construction. Mr. Lapar reported that the one problem involved is the Attorney's negotiations for the Improvement Area. Mr. Zipes' problem would easily be solved by tying in with the existing 10" line that feeds Cogar, however, you can't tie into a line the Town doesn't own at this point. He hesitated to say it could be in this year, but certainly next year. Mr. Diehl directed Mr. & Mrs. Zipes question on water to the Attorney for him to communicate with them. It was further requested that Mr. Rappleyea report at the -next meeting on the question of the water pipes going to the Cogar plant. Mr. L. A. Kasprzak having requested to speak before the Board re- garding his drainage problem at 6 Malstorm Road, was recognized by the Chair. He mentioned that he had been before the Board several L 23x times last year and reiterated his problem of storm drainage back- up in his back yard after heavy rains. He had been informed last year that the Town would look into this problem, and would, at this time, like an updated progress report. Mr. Lapar stated that he had spoken to Mr. Rappleyea about a week ago, and since the Town is still in litigation on the roads, he was not at liberty to discuss this problem. Mr. Kasprzak was honest enough to divulge that he was considering putting his house up for sale since_ he was contemplating building another home in the area, and had been instructed by his -attorney that he must tell pros- pective buyers of the existing conditions of his present property. This is why he would appreciate an indication of some resolution of this problem that he could pass along to prospective buyers. The Board was unable to give any encouragement since they were still in litigation. Mrs. Snowden informed the Board that she had received the resigna- tion of Dagney Morley (Republican) Election Inspector in District 11. MR. HOLT moved that Martha Hamilton be appointed as an Election Inspector (R) for District 11, to fill the vacancy created by the resignation of Dagney Morley. Seconded by Mr. Saland. Roll Call Vote: 4 Ayes 0 Nays A memorandum had been received from Thomas Huhn, agent for AVM Corp. indicating the Town had one voting machine over 32 years old, and that they would not be able to furnish factory replacement parts for this machine, and suggested the Board give_ consideration to removing this machine from service. MR. HOLT moved that the Town purchase one voting machine from AVM Corp. to replace and retire the 32 year-old one now in use; and further, authorize the Supervisor, as Chief Fiscal Officer, to sign the Agreement of Purchase. Seconded by Mr. Jensen. Roll Call Vote: 4 Ayes 0 Nays A request was also received from the 8 Election Inspectors of Districts 4 and 11, asking the Board to consider another location for these two Districts Polling Places. Recommendations were received from the Town of Wappinger Planning Board regarding the amendmentto the rezoning amendment for Livio and Louisa Burgazzoli and the amendment to Section 421.3 of the Town of Wappinger Zoning Ordinance. Both recommendations were favorable. The Planning Board, however, recommended the adoption of the amendment of Section 421.3 with the condition that the definitions of farm produce stand, zoological farm or park, game farm, nursery and greenhouse be included in the Ordinance. MR. HOLT moved the recommendations from the Town Planning Board on both Burgazzoli and amendment of Section 421.3 be received and placed on file. Seconded by Mr. Saland. Roll Call Vote: 4 Ayes 0 Nays Recommendations were received from the Dutchess County Department of Planning on both the amendment to the Burgazzoli rezoning and the amendment to Section 421.3 of the Town of Wappinger Zoning Ordinance. Both indicated the decision be based upon local study of the facts. MR. HOLT moved the recommendations of the Dutchess County Depart- ment of Planning on both Burgazzoli and Section 421.3 be received and placed on file. Seconded by Mr. Saland. Roll Call Vote: 4 Ayes 0 Nays d 233 MR. HOLT moved that the amendment to Section 421.3 be directed back to the Attorney to the Town to redraft as recommended by the Town Planning Board. Seconded by Mr. Saland. Roll Call Vote: 4 Ayes 0 Nays MR. HOLT moved that a Public Hearing: be set for November 13, 1972, at 7:30 P.M. EST at the Town Hall, Mill Street, Wappingers Falls, New York, on the Ordinance Amending the Town of Wappinger Zoning Map on the Premises of Livio and Louisa Burgazzoli. Seconded by Mr. Jensen. - - Roll Call Vote: 4 Ayes 0 Nays A letter had been received by Mr. Diehl from Supervisor Ed Schueler with a draft of an agreement concerning the County and the Governors of the Poughkeepsie-Wappinger Sanitary Landfill. Mr. Diehl directed this matter be tabled. A request was received from Mr. Gutmann, Superintendent of the Water & Sewer Plants and Mr. William Mihans, Assistant to the Water Plant Superintendent, to attend the : Water. Plant Operator's Workshop, to be held in Poughkeepsie on October 18th -& 19th, 1972. MR. HOLT moved that both Mr. Gutmann and Mr. Mihans be granted permission to attend the Workshop, and their legitimate expenses be_ a Town charge. Seconded by Mr. Jensen. Roll Call Vote: 4 Ayes 0 Nays A proposal for a Maintenance Contract was received from Rudy Angelo Inc. for maintenance on the traffic signals on Old Route 9 and Middlebush Roads, Myers Corners and All Angels, and All Angels and Hopewell Road, for the sum of $580.00 per year, payable quarterly in advance, (this is exclusive of accidentalvehicularor vandalism damage.) MR. JENSEN moved to accept the contract proposal from Rudy Angelo Inc. for $580.00 per year for maintenance of the Town of Wappinger Traffic Signals. Seconded by Mr. Holt. Roll Call Vote: 4 Ayes 0 Nays Letters were received from both Vincent C. Kelley, Engineer to the Rockingham Farms Sewer District and Julius Gerzof-of Ye Olde Apple Orchard, concerning the Town Board's direction of sewer inspection. Mr. Holt. indicated that from conversations with Mr. Gutmann, it appears there is no inspection whatsoever being made of the lines being installed in the new section of Ye Olde Apple Orchard. Mr. Holt suggested that a letter be addressed to Mr. Kelley, asking him to redouble his efforts to assign an inspector to this work. Mr. Jensen added that if, in fact, the developer or whomever is responsible for these inspections not taking place, the Board should stop them right in their tracks until the correctiveaction is taken. Mr. Holt stated that, in conversation with Mr. Kelley, , Mr. - Kelley stated that he had been unable to acquire satisfactory inspectors. Mr. Holt directed that a letter be addressed to Mr. Kelley stating that if they are unable to acquire an inspector that they stop work on the project until such time as they are able to comply. Mr. Jensen asked to add that, after receipt of -the Town's letter, within a weeks time, the Board receive notice of what action he has taken. Mr. Holt noted that Mr. Kelley has asked the Board to meet with him and Mr. Jack Hill on the 17th of October (5 P.M. Town Hall) for a progress report on Rockingham. An answer was received from Cole-Layer-Trumble Company regarding the County appraisal. 1 L L Mr. Holt asked that a letter be directed back to Cole-Layer- Trumble Company, -thanking them for their letter, and at the same time ask them to let the Board know when their meeting is to take place with regard to Wappinger, and hopefully, at an early date. Indicate also that the Board is very anxious to learn more of their formula and some of the base from which they are operating with regard to Wappinger. A vacancy has occurred on the Board of Assessment Review by reason of the expiration of the term of office of the one year position held by Knud Clausen. An appointment to this vacancy would be for a five year term. MR. HOLT moved to table the matter of this vacancy until the next meeting. Seconded by Mr. Saland. Roll Call Vote: 4 Ayes 0 Nays Under Committee Reports, Mr. Jensen reported -that there hadbeen some new participants at the Zoning Advisory Committee meeting held September 4th. The Committee seems- to be regrouping, some of the original committee have become disenchanted, or taken on other commitments, but interest has been shown with the attendance of new people. He believes that in the near future some clear cut proposals will be forthcoming. Mr. Saland,referring to last months' discussion regarding the Narcotics Guidance Council, and any openings on that committee, stated that Mr. Holt had informed him of Father Alexander Choate's transfer to Indiana. MR. SALAND moved, that, based on the knowledge of the vacancy created by the transfer of the Reverend A. Choate, Albert Roberts be appointed as a member of the Narcotics Guidance Council to fill this vacancy. Seconded by Mr. Holt. Roll Call Vote: 4 Ayes 0 Nays MR. HOLT moved that Albert Roberts be appointed Chairman of the 2 3 :5 8 236 Narcotics Council, to fill this position that is vacated in conjunction with the transfer of the Reverend A. Choate. Seconded by Mr. Saland. Roll Call Vote: 4 Ayes 0 Nays Mr. Holt reported that he and Mr. Clausen had interviewed a pros- pect to fill the position of Comptroller, but this individual has since accepted employment elsewhere. There is no prospect at present. Mr. Saland, referring to minutes of the Board of Governors of the Landfill, and more specifically to the minutes of September 27th, also some of the latest reports from the Dutchess County Health Department said some of the violations will possibly be alleviated by the "Great Wall", some won't - such as blowing papers, refuse protruding through surface and unsatisfactory cover. He referenced to the motion Mr. Diehl had made regarding the removal of Mr. Joseph Mihans. He suggested going one step beyond this and say that if this situation is not cleared up immediately, that this Bcard'direct Mr. Diehl to have Mr. Mihans removed from, his job at the Landfill site. There is no excuse for these problems (unsatisfactory daily cover, refuse protruding through completed areas, and blowing papers). If there are other problems which are attributable to the problems of the drainage, hopefully they will be corrected and dealt with in the not too distant future. Ordin- ary administration, however, should be able to take care of those other problems and apparently they are not. Mr. Diehl agreed 100% with Mr. Saland and commented that that was the intent of his motion, that it .did call for dismissal on the third report of such negli- gence at the landfill, and further, he would welcome the Board's direction for him to take any action like that. Mr. Saland could not comprehend how the Board of Governors couldn't consider it as such a serious problem, when he had seen the. same reports six, seven, eight months ago. If the man is incapable of doing the job for which he was hired, there should be some kind of action to reverse .2.3,7' the situation and if that means replacing, then replace him. He has been admonished, and warned, and now threatened with suspension, the situation should have improved. MR. SALAND moved that the Town Board direct Mr. Diehl to go back to the Landfill Committee Meeting, and press on his motion again, if, in fact, these reports persist, and not just ask but ask for Mr. Mihan's removal; one Dutchess County Department of Health should suffice. Seconded by Mr. Holt. Roll Call Vote: for a suspension more bad report from the Supervisor Diehl Councilman Holt Councilman Jensen Councilman Saland Aye Aye Nay Aye Motion Carried Charles Cortellino, reporting on the Dutchess County Environmental Council, first indicated that last month's request for funds from the Town was no longer needed. He said that representatives from six communities bordering on the Fishkill Creek have had two meetings, discussing the pollution along the Creek, and before. any corrective action can be taken the.first thing that has to be done is find where the pollution is coming from, so each Town will do ten sites along their portions. He stated that the Towns can apply to Ford Foundation for assistance. They will give up to $750 without any matched grant. If Fishkill, Wappinger, East Fish - kill, LaGrange, Unionvale and Beekman, all apply at thesame time, to reinforce one another, to indicate its a community action. Samplings will be taken by the members and sent to a commercial lab for testing. This total cost should be $100. He also indi- cated that he would like the Board to appoint a few more members to the Town's Council. He had no recommendations. MR. DIEHL moved to appoint Mel. Zipes and Lou Kasprzak as members to the Wappinger Environmental Conservation Council. Seconded by Mr. Holt. Roll Call Vote: 4 Ayes 0 Nays Mr. Incoronato indicated his interest in becoming a member of this Council also. MR. DIEHL moved to appoint Joseph Incoronato as a member to the Town of Wappinger Environmental Conservation Council. Motion failed for lack of a second. The Board having held a Public hearing on August 23, 1972 adjourned from August 14, 1972, on the petition of Eugen Schuele for the rezoning of a -parcel of land on Myers Corners Road from R-40 to LB, the matter was placed before the Board for their consideration. Mr. Saland stated that on the Schuele petition, recommendations had been received from both the Town of Wappinger Planning Board and the Dutchess County Department of Planning. The County's recommendation raised some very interesting questions, one of which would be the effect of the facility being expanded in the area in.which .it was located, would it in fact, become a.major shopping center. In his opinion, the area is adequately serviced. It is his understanding that Mr. Schuele could double the size of this shopping area., and he doesn't believe it's warranted. MR. SALAND moved that Mr. Schuele's rezoning request be denied, based on the belief that the area is adequately; serviced. Seconded by Mr. Jensen. Roll Call Vote: Supervisor Diehl _Aye Councilman Clausen Absent Councilman Holt Nay Councilman Jensen Aye Councilman Saland Aye Motion Carried (The following is in regard to applying for the Ford Foundation assistance for determination of pollution along the Fishkill Creek). MR. SALAND moved that the Town Board authorize the creation of a commission to participate in the joint project of studying the pollution of Fishkill Creek, along with the other municipalities that are presently jointly involved; and further, instruct the L 11 2 39 Supervisor to sign the application form submitted by Charles Cortellino which will enable the Town to secure the necessary grant. Seconded by Mr. Holt. Roll Call Vote: 4 Ayes 0 Nays The following reports were received: September 27, 1972_,_ Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Proposed Storm Sewer Projects 1972 Gentlemen: As per your request at the September 11,_1972 meeting, my office has compiled a list of proposed Storm Sewer Projects with total estimated cost of each project.. They are as follows: Project No. Location 1 Fleetwood Manor. 2 Amherst Lane Ext. 3 Wappinger Park 4 Cameli Acres 5 Bell -Air Lane. & Losee Rd. 6. Widmer Road 7 Quiet- Acres 8 Gary Rd. & Dennis Place 9 Kent Road_ 10 Brothers Road 11 Martz Field Recr. Area Total Estimated Cost Amount $ 67,500 _13, 344 18,070 42,240 12,480 _73,200 13,130 15,300 20,150 50,640 19,200 $345,254 Total Recommended Bd. Issue 350,000 For your convenience we have included a copy of the maps showing thelocation of each project. Town Board Town of Wappinger Mill Street Wappingers Falls, Re: Gentlemen: Very truly -yours, s/ Rudolph E. Lapar, P.E. October 4, 1972 N.Y. Amendment to Proposed Bond Issue Storm Sewer Projects 1972 My letter dated•9/27/72 After discussion with Mr. William Horton, it has been recommended that a storm sewer project in the Marlorville Road area between Route 9D and the Wappingers Creek be included in the Proposed Bond Issue. The cost of the Marlorville Project is as follows: 4,200 if of pipe @$20/ft 14 IBs @$500/ea 4,200 if of gutter @ $4/ft Sub Total Contingencies @ 30% + $ 84,000 - 7,000 16,800 $ 107,800 32,200 $ 140,000 It is, therefore, my recommendation that the Bond Issue proposed be increased' to $500,000. Very truly :yours, • s/ Rudolph -E. Lapar; P.E. August 19, 1972 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re:- Kent Road Drainage Problem Gentlemen: As per your request my office has made a study of the Kent Road drainage problem and submit herewith an estimate of the proposed drainage relief line: 625 if of pipe @ $20/ft. 6 1.B's @ $500 ea. Construction Cost Contingencies @ 30% TOTAL COST - $ 12,500 3,000. $ 15,500 4,650 $ 20,150 I am enclosing three (3) copies of the proposed project. Please contact me for any questions or. clarifications. Very truly yours, s/ Rudolph E. Lapar, P.E. Mr. Jensen reported on the proposed Storm Drainage Projects submitted by Rudolph Lapar. He indicated that the total amount of these projects would be $500,000.00 MR. JENSEN moved to instruct Allan E. Rappleyea, Attorney, to prepare the necessary Bonding Resolution and documents to proceed on the Storm Drainage Projects, not to exceed the sum of $5017,000. Seconded by Mr. Holt Roll Call Vote: 4 Ayes 0 Nays 3 241 : MR. DIEHL moved that Rudolph E. Lagar, Engineer, be instructed to prepare the plans and specifications for the proposed Town Drainage Project. Seconded by Mr. Jensen. Roll Call Vote: 4 Ayes 0: Nays. The matter of Mr. Stenger's application for exemption to Local Law #2, 1967, was tabled for further discussion with the Attorney to the Town. The following Local Law amending,. Local Law #1 of 1967 was intro- duced by COUNCILMAN HOLT. A Local Law amending Local Law No. 1 of 1967. Be. it.Enagted by the Town Board of the Town of Wappinger, Dutchess 'County, New York, as follows: Section 1. Section 2 of Local Law #1 of 1967 is hereby amended to read as follows: Section 2. Real property owned by one or more persons, each of whom is sixty-five (65) years of age or over, or real property owned by husband and wife, one of whom is sixty-five (65) years of age or over, shall be exempt from town taxes to the extent of Fifty (50%) Percentixm of the assessed valuation thereof, subject to'the following conditions; (a) The owner or all of the owners of;such.real property must file an application annuallly in the assessors' office at least ninety (90) days before: the date for,filing the final assessment roll or such other time or date as_maytibe here- after fixed by law. (b) The income of the owner or the combined income of the owners of the property shall not and may not exceed the sum of Six Thousand ($6,000.00) Dollars for the income tax year im- mediately preceding the date of making theapplication for exemp- tion. The income tax year shall mean the twelve months period for which the owner or owners file a federal personal income tax return, or if no such return .is filed, the calendar year. Where title is vested in either the husband or the wife, their, combined income may not exceed, such, income. .Such income shall include social security and retirement benefits, interest, dividends, net rental income,salary or earnings,..andnet income .from self- employment, but shall not include gifts or inheritances. {c) The title to such.rea1_property shall have been vested in the owner or all of such real property for at least sixty (60) consecutive months prior to the date of making application,. for exemption. (d) The real property shall be used exclusively for residential: purposes. (e) The real property shall be the legal residence of and shall be occupied in whole or in part by the owner or by all of the owners of the same. (f) Applications for such exemption shall be made by the owner, or all of the owners, of the property, upon forms prescribed by the state board to be furnished by the assessing' authority, and applicants shall furnish such information and shall execute the application in the manner prescribed in such forms. Section 2. This Local Law shall take effect immediately upon adoption. Seconded by Councilman Saland. Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Absent Councilman Holt Aye Councilman Jensen Aye Councilman Saland Aye The following Resolution was introduced by COJNCILMAN HOLT who moved its adoption: WHEREAS a local law has been introduced amending Local Law #1 of 1967, and WHEREAS; -the Town Board wishes to schedule a public hearing on said amendment, now therefore, 'BE IT RESOLVED that a public hearing is hereby scheduled for Nove Mer"13, 1972 at 7:15 o'clock P.M., EasternStandard Time at the Town Hall, Mill Street, Wappingers Falls, New York, at which time the Town Board of the Town of Wappinger will hear all persons concerning the adoption' of an amendment to Local Law #1 of 1967 which amended increases to $6,000.00 the amount of money which a person may earn and still be eligible for a real property tax exemption. Seconded by : Councilman Saland Roil -Call Vote: 4 Ayes 0 Nays Resolution was declared duly -adopted RESOLUTION AUTHORIZING THE CONSTRUCTION OF A WATER SYSTEM TO SERVE THE CENTRAL WAPPINGER WATER IMPROVEMENT AREA IN 'TAE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $3,200,000.00 AND AUTHORIZING Il1E ISSUANCE OF $3,200,000.00 SERIAL BONbS OF SAID TOWN TO PAY THE COST THEREOF." The following resolution was offered by COUNCILMAN HOLT, who moved its adoption: WHEREAS, after all proceedings required by law were duly had and taken pursuant to Article 12-C of the Town Law, the Town Board of the Townrof Wappinger, Dutchess County, New York has established the Central Wappinger Water Improvement Area -in said Town and has approved the construction of a water system to serve said water improvement area at a maximum estimated cost of $3,200,000; and 1� L I. WHEREAS', itis now desired to provide for the financing thereof; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: Section'1.' The'Construction of'a water system, consisting of water supply, water storage facilities, water mains, pumping stations, and associated facilities, to serve the Central Wappinger Water Improvement Area in the Town of Wappinger, Dutchess County, New York, and including original furnishings, equipment, machinery and apparatus, and land and rightsin -land which may be necessary in connection therewith, all in .accordance with a map, plan and report prepared in connection .with the establishment of said water improvement area, is hereby authorized in and for said Town at a maximum estimated cost of $3,200,000. Section 2. The plan for the financing of the aforesaid specific object or purpose is"by`the issuance'of $3,200,000 serial bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law. Section 3. " 'It- is ' hereby determined that the period . of - probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is` hereby -further determined that the maximum maturity of the serial bonds herein authorized will exceed five years." Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. ThereShallbe annually apportioned and"assessed.upon the several lots and parcels of land within said Central Wappinger Water Improvement Area which the Town Board shall determine and specify to'be"especially benefited by the improvement, an amount sufficient to pay the principal and interest on said bonds as the 'same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes -without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, thechief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds may be contested only if: 1) Such bonds axe authorized for an object or purpose for which said Town is -not Authorized to expend money, or 2) The provisions of law which should- be' complied. with at the date of publication of this resolution are not substantially •complied- with, - = and an action, suit or proceeding Contesting such validity is commenced within twenty days after the date of publication, or 3) Such bonds are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effectimmediately, shall be published in full in the W&SD News, the official news- paper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of theadoption of the foregoing_ resolution was duly put to.a..vote-on roll call, which resulted as follows: Supervisor Diehl Aye, Councilman Clausen Absent Councilman Holt Aye Councilman Jensen Aye Councilman Saland Aye The Resolution was thereupon declared duly adopted. RESOLUTION AUTHORIZING -SUPERVISOR -TO EXECUTE APPLICATION TO,DEPARTMENT OF ENVIRONMENTAL CONSERVATION The following Resolution was offered by COUNCILMAN,HOLTwho mored. its : adoption. WHEREAS it is necessary to make application to the Depart- ment of Environmental,Conservation to proceed with -the plans for the Central Wappinger Water Improvement Area, and WHEREAS said application has been prepared by_ALLAN E. RAPPLEYEA, Attorney for said improvement, nowtherefore BE IT RESOLVED that. the Supervisor is hereby authorized and directed to execute said application and ALLAN E. RAPPLEYEA is hereby -'authorized -and directed to file said application and process the same to completion. Seconded by: Councilman Jensen Roll Call Vote: 4 Ayes 0 Nays The following letter was received: October 5, 1972 Town.Board Town of Wappinger Mill Street Wappingers Falls, New York Re: Planned Unit Development Proposal Gentlemen: At the October 2, 1972 meeting, the Planning Board of the Town of Wappinger discussed the above-mentioned proposal which was submitted to your Board in June,. 1972. The Planning Board would appreciate knowing if there has been any action taken on this proposal and the Planning Board's recommendation on the Planned Unit Development proposal. The Planning -Boa rd weld appreciate a reply at your earliest L 245 possible convenience. -Respectfully-:yours, .s/ Betty -Ann Geoghegan L Mr. Saland stated that his recommendation,on the proposed. PUD Ordinance would be to give it a public airing, perhaps plan a public informational hearing first. MR. SALAND moved that an informational hearing be_.held with regard to the proposed Planned Unit Development Ordinance on Tuesday, November 21, 1972, at 8:00 P.M., also that Dr. Heisler, Chairman of the Town Planning Board, be notified, and request the Planning Board to be in attendance; and further -that the meeting be held at one of the schools. Seconded by Mr. Holt. Roll Call Vote: 4 Ayes 0 Nays Mr. Incoronato, commented that since the Town is involved in Southern Dutchess 1990, it might be considered to extend an, invitation to Dave Portman of Frederick P. Clarks_Associates. The following repar.t,.. was submitted by Miss Pike at the request of the Board. October 5, 1972 Town Board Town Hall, Mill Street Wappingers Falls, New York Gentlemen: Regarding storm water runoff in the vicinity of Vorndran Drive, Deer Run and,Pye Lane, I:.made an.inspection of the area yesterday with Mr. Lapar, Engineer to the Town. We found no evidence of any current excavation in that area southwest of Vorndran Drive. I, was• aware., of excavating that took place in that area last fall and again in the spring. This was done in conjunction with development,of the lots in Edgehill Manor, Section 3. Edgehill Manor, Inc., were owners of the property in question at that :time, and with thesale of lots in:Bdgehill 3, they had an agreement with the builders allowing them to take fill for the lots from this radjoini;ng property. In July -1972, -ownership of this property changed from Edgehill Manor, Inc., to Agressive Industries Corp., but there are no indications that soil has been removed from said property since this transaction. Section 439.011 of the Town of Wappinger Zoning Ordinance states "The Town Board may permit the use of -a site for the excavation of natural resources for commercial purposes". In this particular instance the soil was being moved from one portion of property of Edgehill Manor, Inc., to other portions where residentiai.development was taking place. There was no indica- tion that soil was being sold and/or taken off the Edgehill Manor property.=.On'thisrbasis, I determined that the developers were not excavating the natural resources for commercial purposes, and therefore, they did not need a permit. It is my finding that no violation of the Zoning'Crdinance exists. Yours very truly, s/ Susan J. Pike Zoning, Administrator Mr. Lapar enlarged somewhat on Miss Pike's report. He said the whole problem evolved by the fact that the lots on the bottom of the property were sold and developed first and there is some runoff there from the property above. Had the higher property been developed first and proper drainage installed, the lower portion would have no problem. As for the soil being moved, the developer: only'moved -soil •from -one portion of the property to another. portion. Since- the sale of the 'upper portion no soil has been removed. Mr. William Liu mentioned that the water was rer;uted, he questioned if this was allowable. This rerouting has created problems in other areas. Mr. Lapar's belief is that the problem will just have to wait until the land above is sub- divided; legally the Town can't do anything, Mr. Diehl directed the Attorney to the Town be advised that the problem that is there now has not been corrected, in fact a new one has been created. Mr. Russ Wellard, Vorndran Drive, made the comment that he had purchased top soil for his lot, also he mentioned that the storm drains on Vorndran Drive were still- plugged up. Mr. Rappleyea is to be'advised •of this also. -These are still the responsibility of the developer. Russell=Reinhart, President of the Pine Ridge -Cedar Hill Civic t Association asked if any action had been taken on -their speed limit request. He was informed that it was in the hands of the New York State Department of Transportation, and the Town was awaiting their L permission for a reduced speed limit. MR. SALAND moved the meeting be adjourned, seconded by Mr. Holt and unanimously carried. The meeting adjourned at 10:08 P.M. Reg. Mtg. 10/10/72 Elaine H. Snowden Town Clerk 2 47 To LOUIS DIMIL WARRANT Town of M*PPI"la , Supervisor , County of DO'1 , New York. The following claims, having been presented to the Town Board of the Town of WAPPD R , and duly audited and allowed at a meeting thereof held on the 10th day of a , 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 NAME OF CLAIMANT AMOUNT FUND OR OTHER INFORMATION No. ALLOWED ACCOUNT 627 Great sear Syriac Co. 30.00 41620.4 628 John Buckley 27.00 48510.4 Director of *sal 629 Property Tax 15.00 A1355.4 630 Marine Midland Bank 225.00 *1620.4 631 Central Hudson bias $Stec 199.35 *1620:4 632 Central Judson Gas a*lec 16.20 *3310.4 633 M. ie S.D. Nm,. 56.64 A6410.4 634 M. 8 S.D. News 4.80 16410.4 635 M. 4 8.D. New 4.80 86410.4 636 The Pendell Press 33.50 41620.4 637 The Pendell Press 46.00 *1330.4 638 thha Pendell Prea 13.85 *14.0,4 639 R. J. Brookes Company 91.98 *1620.2 640 R. J. 'Brooker Company 7.04 41620.4 National lire Protection 641 Association 5.14 13620.4 642 Chester Sats Co. -,Inc. 465.94 *1620,4 643 lggleston Office Equip. 69.30 A1620.4 644 Alfred Brennan 5.00 *1110.4 645 Power Test Petroleum 29.03 41620..4 A7110.1 219.00 646 Ralph vinall 476.00 47110..4 259.00 647 John T. Mowry 211.25 *7110.1 648 John Pray 544.17 *7110.4 649 Rodney Plew I 32.00 *7110.4 e.-/ 3aii36 In Witness Whereof, 1 have hereunto set my hand n he Seal of the Town of this 11th day of MOM 19 72 [SEAL] NAPPINGBR Town Clerk To LOUIS WZW' WARRANT , Supervisor Town of WAPPINSSR DUTCHNSS , County of , 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 W*PPINGNR 10th day of �R , 19 72 , 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 NAME OF CLAIMANT t AMOUNT FUND OR No. ALLOWED ACCOUNT 650 Royal Carting Service 90.00 *7110.4 631 Merle Travis 135.10 *7140,4 Med Oaks Nill Bobby 652 canter 3385..41 87310,.4 613 they Bardwars Company 7.06 A7110.4 654 Wappingers Sand6Graysl 234.00 A7110.4 855 NUgh J. Maurer 53.90 A7110.4 MMudson Valley Building 656 Materials Inc. 268.56 A7110.4 657 John Lupparelli 10.00 A7110.1 Sylvan Lairs TSYepnCne 658 Company 2:173 x1620.4 659 $ssv York Telephone Co. 469.86 A1620.4 660 Vest 3. Frumess 124,30 `1020,3 661 Virginia Parris 30.00 17310,1 662 Vara is Perris 14,36 A7310.4 (.011.34 T,a OTHER INFORMATION In Witness Whereof, I have hereunto set my hand and the Seal of the Town of WAPPING" this 1lthslay of A , 1972 [SEAL] SPACIAL DISTRICTS WARRANT To Lair* DIBHL , Supervisor Town of MAPPIN R , County of DUTClan , New York. The following claims, having been presented to the Town Board of the Town of WAPPINGBR , and duly audited and allowed at a meeting thereof held on the i;. day of C>CTOM , 19 72 , in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, ycu 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 CLAIMANTI AMOUNT FUND OR !ALLOWED ACCOUNT Highway Account #DiS110.1 150 a DA 5110.4 352.00 151 Central Hudson Gas 8 floc 147.92 L.T. Linda Septic Tank 152 Cleanina $ervAge 300,00 153 Central Hudson Gas 8 ales 102.59 154 ilxton-Cross Company 182.06 155 Killian F. Mims, 1Jr. 25.88 156 3rey Hardware *many 20.90 157 Central Hudson Gas a Bloc 122.25 158 Central Hudson Gas & alga 145.36 159 Axton -Cross Company 53.49 160 N & S Supply Corp. L.T. Linda Septic Tank 161 Cleaning Service SNI -8330.4 SM2-8320.4 SN2-8320.4 $52.4130.4 582-8130.4 SS1-8130.4 SS2-8130.4 SS1-8130.4 Sit -8130.4 SN1-8320.4 SS1-8130.4 883-8130.4 8.36 883-8130.4 3,200.00 162 Central Hudson Gas & floc 416.90 3 a77.71 S83-8130.4 SS3-8130.4 OTHER INFORMATION 12.94 12.94 6.96 883-8130.4 6.98 6.96 In Witness Whereof, I have hereunto set my hand and the Seal of the Town of NAPFING*R thisllth - day of OCTOUIA , 19 72 [SEAL] - Town Clerk WARRANT To_..l,�aala►..Q...14taJt1 , Supervisor Town of SPP$ ngsr , County of Omt+S!»p , New York. The following claims, having been presented to the Town Board of the Town of ____.1ppi_lfg , and duly audited and allowed at a meeting thereof held on the .lOth__day of___.Sictabst , 19.x2.__, 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 I AMOUNT FUND OR ALLOWED ACCOUNT OTHER INFORMATION 198 (Non City Distributers 151, OR 5110.4 199 ki elite, Steel Comm 209. 200 Urs► Mar dware Company 201 Spoor -LaMar Company 0700. 00 5110.4- 300.00; 09995.0 - 8400.00 202 Clove Excavators,Inc. 3250. DR 5110.4. 1130.08;09995.0 • 1420.00 203 R.H. Lingo, Ins. 55.1 09995.0 204 Edgerton Sates, Corp. 31/6.5 09995.0 205 Edgerton Eales Corp. 470. 09995.0 206 Orighton Steel Company 56.00 09995.0 207 Nathan Noes. i Son 24.35 OM 5130.4 200 11110 Auto Supply 233.10 209 Madsen River Solos Corp. 37.21 210 Wheeler's $aka Service 29.10! 211 Midway Gas i Service 1250,00 " 212 Motion Equipment 3.30 213 Jammer Associates 124.30 " 214 Edward arbor, Inc. 406.15 u 215 Welter Smith Welding 4.50 216 Thalman Equipment 1 2.70 217 Mack Trucks, Inc. 196.06 218 Awe Tank $ Truck 33.75 219 Thalami Equipment 106.63 220 O.,. Goodrich 1 218.92k " I Sc R36•5fh1,2.-e-4•• rr .. In Witness Whereof, I have hereunto set my hand and the Seal of the Town of__.�.,�Valiair.)..zac., this llr" day of 3 l ...... 19�� Town Clerk [SEAL] WARRANT To i.oui s p! Diehl , Supervisor Town of*minor , County of MOM , New York. The following claims, having been presented to the Town Board of the Town of Mappings,* , and duly audited and allowed at a meeting thereof held on the 10th day of 0Ctobar , 197$___, 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 NAME OF CLAIMANT AMOUNT FUND OR No. ALLOWED ACCOUNT 221 N! t ton A1ley 4S«70 0115$0.4 222 New York Comainications = 4$.00. 0$$140.4 91 Jaz g OTHER INFORMATION In Witness Whereof, I have reunto set my hand and the Seal of the Town of.. this V _day of °��' , 1977 -- [SEAL] Town Clerk 228 A' A Public Hearing was held on October 10, 1972, at the Town Hall, Mill Street, Wappingers Falls, New York, on an application by Herbert Stenger for exemption under Section' 14 of Local -,Law #$2, 1967. Supervisor Diehl opened the Hearing at 7:47 P.M. The Town Clerk offered for the record the Affidavits of Posting and Publication duly sworn to and to and notarized by Albert Osten, of the W&SD News. (These Affidavits are attached ereto-,and made a part hereof of the Minutes of this Hearing). Joseph Incoronato asked if the Town proposed water district would take in this property, and if so, would Mr. Stenger's water system be incorporated into the Town system. Mr. Saland asked Mr. Stenger if he intended to become a customer of the district. Mr. Stenger said he did not want to run a water district of his own. Discussion followed on the feasibility of this exemption. Could Mr. Stenger be made to join the district; could this become part of the resolution. Mr. Stenger asked when the water district would be ready. The Town Board could not give him a definite date when the district would go through the necessary channels of approval. No one else spoke for or against this exemption. MR. HOLT moved to close the hearing, seconded by Mr. Saland and carried. The Hearing closed at 7:54 P.M. a -CA -81_A-) Elaine H. Snowden Town Clerk W. an S. D. NEWS DISPLAY ADVERTISING -:- CLASSIFIED ADVERTISING AX7-3724 20 EAST MAIN STREET - WAPPINGERS FALLS NOTICE OE PUBLIC HEARING t PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger will s conduct a public hearing at the Town Hall, MITI Street, Wappingers Falls, In the j Town of WappInger, Countyof Dutchess, New York on October 10, 1972, at 7:30 P.M. ESOT to hear all persons concerning a petition and application made by Herbert Stenger for exemption under Section 14 of the Local Law No. 2, by the Town Board , of the Town of Wappinger, pursuant to Local Law No. 20f the Year 1967. t Dated: September 2S, 1972. Elgin. H. Snowden 0 - Waoolnyer6 Falls, New York Town Clerk inti . ,d`. may':,..: ALA, ...,. .., ...r.,.. AFFIDAVIT OP PUBLICATION State of New York. County of Dutchess. Town of Wappinger. Herman I. Osten 2286 of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and it the several times hereinafter was, the idit4F. s . 3$1.1..ib L of W. & S.D. NEWS. a newspaper printed and published every Thursday in the year in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for One week successively...9119 . in each week. commencing on the... 28th .day of..Septembet.. 19.7,2and on the following dates thereafter. namely on and ending on the....?r$.tll.day of.. dept u' bez 19.72 both days inclusty Subscriband sworn to before me this 48th day of, .�e.?t9Itil?er 19..72 Notary Public , My commiulon expires ALBERT M. OSTEN NOTARY PUBLIC, STATE OF NEW YORK QUAUFIEC I i1 ;liiTGfIIESS COUNTY #14-"240700 COMMISSION EX+' ITIS MARCH 30, 141:1.