1971-12-13 RGMAGENDA - TOWN BOARD
DECEMBER 13, 1971
1. Supervisor Call Meeting to Order
2. Roll Call
3. Accept minutes
4. REPORTS OF OFFICERS
Town Justices
Bills:
Gen. Fund:
Oakwood WD
Oakwood SD
RFSD
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Reg. Meetings: Aug. 9, Sept. 13, Oct. 12, Nov. 8
1971
Special Meetings: Aug. 16 & 30, Sept. 15 & 30
Oct. 5 & 25, Nov. 3 & 15, 1971
$.PETITIONS & COMMUNICATIONS
Building Insp. Supervisor
Town Clerk re: Audit & Control Wapp. Sewer Zip.
Highway:
Fltwd WD
Fltwd SD
a. R. E. Lapar: Map, Plan & report, Town Wide Water Improvement Area
b. Mrs. Robert West re: School Crossing sign, Kent Rd.
c. Resignation of R.• Jacobson from Zoning Board of Appeals
d. V. Kelley re: 1. RFDS Infiltration and, 2. Plant Repairs
e. Request from Recreation Comm. to pay bonus to Beautification
Program youths
f. Dutchess County Dept. Health re: Fleetwood Water Polution control
Facility
g. Mr. Bisoms recommendation for Board of Assessment Review
h. N.Y.S ) Office of Planning Coordination re: memorandum of
Understanding re Planning & Development of a Single Wappinger
Basin System.
i. F. J. Lafko re: Wappinger Sewer Improvement 01 & L & A Filtration
Corp.
j. M. Cornell re: Wappinger Sewer Improvement 81
k. L. Eck re Water and Sewer
L V. Dangler requests return ofRoad Bond (Rd. Opening Permit)
6. REPORTS OF COMMITTEES
Street lighting change order (Gen. Town)
7. RESOLUTIONS
1. Board of Assessment Review
2. Atlas Water Expansion
3. Town Wide Water Improvement Area
8. UNFINISHED BUSINESS •
a. S. Pike' re:'Klein & Alexander soil mining application •
b. Shapiro Salvage Yame License application
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9. NEW BUSINESS '
10. ADJOURNMENT
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The Regular Monthly Meeting of the Town Board of the Town of
Wappinger was held on December 13, 1971, at the Town Hall, Mill
Street, Wappingers Falls, N.Y.
Supervisor Diehl called the meetting.,to ,orde1 at 8:10:,P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
G. Donald Finnan,- Councilman
Harry Holt, Councilman
James Mills,iJr.. Councilman
Elaine H. Snowden, Town Clerk
Others Present:
William Horton, Superintendent of Highways
Allan Rappleyea, Attorney to the Town
Rudolph Lapar, Engineer to the Town
Minutes of the Regular Meetings of August 9, 1971, September 13,
1971, October 12, 1971, November 8, 1971 and Special Meetings of
August 16, 1971,. August, 304 ' 1971,., September 15, .1971, September 30,
1971, October 5, 1971, October 25, 1971, November 3; 1971 and
November:15, 19:71• having been previously:sent'to-the Town Board
members, were now -placed before. them for•their approva1.>
MR. HOLT moved the minutes of the Regular Meetingsof August -9, 1971,
September 13, 1971, October 12, 1971, November 8, 1971 and Special
Meetings of.August'l6.,1 1:,971; August 30, 1971, September 15, 1971,
and September 30, 1971, October 5, 19714):October 25, 1971, November
3, 197. and November 15, 1971,as submitted by the Town Clerk be
and they are hereby approved.
Seconded by Mr.„Milis.•
Motion Unanimously Carried
Reports for the'month of November were received from the Supervisor,
Building Inspector and Town Justices and the following report was
received from the Town Clerk.
December.1, 1971
Town Board, Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Gentlemen:
This is to advise you that I have received for filing,
December 1, 1971, a copy of the Order of the State Comptroller,
granting the application of the Town Board of the Town of
Wappinger for permission to provide a sewer improvement, to be
known as Wappinger Sewer Improvement No. 1, in said Town.
Pursuant to provisions of law, I have filed today a certified
copy of the Resolution of the Town Board establishing said improve-
ment area in the Dutchess County Clerk's Office.
Yours truly,
•s/ Elaine H. Snowden
Town Clerk
(Copy of said Order of the State Comptroller is attached hereto
and made part hereof of the minutes of this meeting.) ecisyaM
MR. FINNAN moved the reports be accepted and placed on file.
Seconded by Mr. Clausen;:
Motion Unanimously Carried
The Town Clerk notified the Boatd that she had been served with
an Article 78 proceeding on De6ember•13, 1971, Cornell & L&A
Filtration Corp. vs..Tbwn of Wappinger in the matter. of Wappinger
Sewer Improvement Area #1.
MR. FINNAN moved that this be turned over to Allan E. Rappleyea,
Attorney, to answer and defend on behalf of the Town of Wappinger.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Bills received for payment were as follows:
General Fund: $75,670.37 OKWD: $415.14 FLTWD: $410.73
Highway Fund: 13,004.71 OKSD: 751.96 FLTSD: 2,045.46
RFSD: 704.94
MR. MILLS moved the bills be paid, subject to. audit.,
Seconded'by Mr. Finnan.
Motion Unanimously Carried
Several communications had been received from Mrs. Robert L. West
regarding a request for a School Crossing sign to be erected on
Kent Road at the intersection of Fenmore Drive. Mr. Horton stated
that this legally can't, be signed because it is not a school cross-
ing, it's only 1 mile from the back entrance to -the school (Myers
Corners Elementary) and transportation is provided. Mr. Diehl
commented, right or wrong, the children are crossing the road and
W"_L'+AM P. HORTON
SUPER ITENDENT OP HIGHWAYS
T O V\• N
H I G h k D E P, I
WAPPIN..ER •ALLS, ,.
4 WhaL DRIVE PICKUP
Bid price
mCCAL ..„ RS W
$4415.00 $•693.70
The Highway Superintendent recommends the bid be awarded to Parsons
since McCallum does not meet all the specifications.
1/2 TON PICKUP
MCCA LLUM PARSONS
Bid price $2955.75 $3195.25
Trade-in 605.75 850.25
Total 2350.00 2345.00
The Highway Superintendent recommends the bid be awarded to Parsons
since he is the low ,bidder.
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and if something did happen it would be unfortunate, he would
rather put up some sort of a sign and have the State come in
and say take it down. Mr. Horton retorted that if he were to
put up an illegal sign, and something did happen, the Town can
be held liable.
MR. FINNAN moved that this matter be referred to Mr. Rappleyea
for a legal opinion.
Seconded by: Mr. Holt.
Motion Unanimously Carried
Mr. Diehl directed the Town Clerk to write Mrs...West telling her of
the avenues being explored by the Attorney to the Town.
Mrs. Snowden informed the Board that she had received the resig-
nation of Richard Jacobson as a member of the Zoning Board of
Appeals.
MR. CLAUSEN moved that Mr. Jacobson's resignation be accepted
with regret, and a letter be addressed expressing the Boards
thanks for his service to the Town.
Seconded by: Mr. Finnan.
Motion Unanimously Carried
Two letters were received from Vincent !C. Kelley, Engineer to
the Rockingham Farms Sewer District, one with regard to the
infiltration ,problem in the sewer lines, the second with regard
to plant repair and summary of improvements with estimated cost.
Mr. Diehl commented that the Board needs help from the Attorney
on these problems.
MR. DIEHL moved that an executive meeting with Mr. Quinn be
scheduled for December 20th at 7:30 P.M. Included also should be
Mr. Kelley and Mr. Gutmann.
Seconded by: Mr. Mills.
Motion Unanimously Carried
A letter was received from the Recreation Commission requesting a
bonus of $.60 an hour be given the youths who worked on the Summer
Beautification Program.,
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MR. HOLT moved to honor the request of the Recreation Commission
for a bonus for the youths who worked on the Beautification
Program, subject to confirmation that funds are available in the
budget.
Seconded by Mr. Clausen.
Motion Unanimously Carried
The following letter was received:
November 22, 1971
Town Board
Town of Wappinger
Wappingers Falls, N.Y.
Attn: Mr. Louis Diehl
Re: Fleetwood Manor
Water Pollution Control Facility
Gentlemen:
Inspection of the tertiary oxidation pond at the above referenced
facility by this Department has indicated that the condition of
that particular component of the treatment plant is very poor.
This, as well as other deficiencies at the plant, have already
been discussed in our recent meeting; however, we feel that the
condition of the pond warrants further investigation at the present
time. Specifically, a survey should be made as soon as possible to
determine the extent of sludge deposits and the effective remaining
volume of the pond.
In addition, some sort of temporary baffle arrangement should be
installed at the outlet of the pond, to prevent floating material
from entering the receiving waters. This is particularly impor-
tant, and should be done as soon as possible.
We would appreciate your prompt cooperation in this matter. If
there are any questions, please contact me at 485-9817.
Very truly yours,
s/ Jerry A. Nathanson,
Senior Public Health Engineer
MR. CLAUSEN moved that the Engineer and Attorney to the District
be directed to comply with the directive from the Dutchess County
Department of Health, subject to the monies available.
Seconded by Mr. Mills.
Motion Unanimously Carried
A letter was received from Arthur Bisom submitting the name of
Vincent G. Brancato for an appointment as a member of the Board
of Tax review. Included was a summary of Mr. Brancato's qualifica-
tions.
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MR. HOLT moved Mr. Bisom's letter of recommendation be received
and placed on file.
Seconded by.Mr. Mills.
Motion Unanimously Carried
A letter was received from Mr. Edwin Friedman, Assistant Director
of the Office of Planning Services, with an attached memorandum
on the results of a meeting on October 19, 1971 regarding the
development of sewerage facilities on an area -wide basis.
MR. DIEHL moved that Mr. Friedman's letter and memorandum be
received and placed on file.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Mr. Lafko had requested to speak before the Board on Wappinger
Sewer Improvement #1, and L&A Filtration Corp. He first stated
that the papers served today took care of part of what he had
wanted to speak to the Board on, he then asked if the Board had
finally resoluted that Mr. Lapar'and Mr. Rappleyea are the engineer
and attorney to the district known as Wappingers Improvement Area
#1. Is there a formal Resolution on file? Mr. Diehl answered
that the Board had instructed them to prepare the necessary plans
and reports. Mr. Lafko contended there were no resolutions on file
for the appointments of an attorney or engineer to the district
known as Wappinter Improvement Area #1. Mr. Diehl instructed the
Town Clerk, for the next meeting, to check the record concerning
this. ,
Malcolm Cornell had requested to speak before the Board regarding
the North. Wappingers Sewer Improvement #1. Mr. Cornell said he
was amazed at the_lack ofconcernof the method the contract eng-
ineer to the Town is forcing the Wappingers Sewer Improvement Area
#1 down the throats of the residents of the Town. He implied that
Mr. Lapar was using Paul Rosen, J.P. Rolison and Tom Logan to force
the Health Department to accept what he called two fraudulent
feasibility reports, that these two reports fraudulently used 352
X26 I.
customers of the Wildwood Forest Sewer District to'bring down the
cost of the Wappinger Sewer Improvement #1 along -,with other items
too numerous to mention. He urged the Board to stop -'Mr. Lapar's
plan and propose a resolution to the effect that the Wildwood
Forest Sewer District will not be brought into the Wappinger Sewer
Improvement Area #1.
Mr. Eck had asked to speak before the Board regarding water and
sewer. He_said Mr. Cornell is just making a grandstand play, he
doesn't see him down here with the taxpayers he keeps talking about.
He can't understand where Cornell comes in with an Article 78, he
can see L&A but not Cornell, what's his ulteria motive? Is he
trying to slow the Town down? He made the statement that when the
case goes to court Malcolm Cornell only represents himself, not the
taxpayers, the taxpayers voted, at various public hearings, in favor
of the Wappinger Sewer Improvement Area #1, not in favor of the so-
called engineer that he (Cornell) says that he hired. Why is L&A
serving an Article 78ron a sewer district -that has nothing to do
with L&A. These -two -characters are just trying to throw monkey
wrenches in the works to slow the Town down. In his conclusion -
he said that when the Town Attorney goes to court on these papers,
he wants to be a witness for the Town. Tn reference to -water, Mr.
Eck thinks that the Board should publicize Mr. Lapar's report, get
strong action behind it, and -get this thing rolling.
Mr. Cortellino said, since there are three separate organizations
taking care of Wildwood, (water) he suggested that Mr. Rappleyea
write the Attorney General asking him to coordinate and effort to
examine the books and find out what is a legitimate price, what
has transpired-, and find out what is a fair share. Consumer'
protection so to speak.
Supervisor Diehl called for a recess at 9:08 P.M.
Supervisor Diehl called the meeting back to order at 9:13 P.M., -
All Board members- present.
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A letter was received_from Mr. Vincent Dangler requesting. the
return of a $100.00 cash road opening bond.
The Superintendent of Highways recommended the_$100.00 cash
security bond be returned in full to Mr. Dangler.
MR. FINNAN, based upon the recommendation of the Highway Superin-
tendent, moved that the $100.00 cash security bond be returned in
full to Mr. Dangler.
Seconded by Mr. Holt.
Motion Unanimously. Carried
The following late correspondence was received:
June 11, 1971
Re: William'Lisofsky
Town Board
Town of Wappinger _
Dutchess County, N.Y.
Gentlemen:
In accordance with_my discussion with Allan Rappleyea, your
Town Attorney, I am enclosing herewith.a-:map showing proposed
development of property owned by William Lisofsky and the
location in the Town. I am also enclosing a proposed list of
standards for Town Houses. These standards have been adopted
by manytowns in the .area.
Mr. Lisofsky . is going to present his ..plans to the:Town ,Planning
Board but we feel that the Town should adopt some standards
for this type of development. We would appreciate your consid-
ering this at the next meeting of the Town Board.
Very truly yours,
Rider, Weiner & Loeb
December 13, 1971
Re: Lisofsky Property
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Gentlemen:,
I am enclosing herewith Petition for re -zoning of a parcel -of
prop erty owned by William Lisofksy, a client of mine, together
with a map showing a proposed use of the, prdperty.for multiple
residences.
I would appreciate it very much if you would process our request
for re -zoning of this parcel. If _you require -any _additional
information, please advise me.
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Thank you very much for your cooperation.
Very truly yours,
s/ Elliott M. Weimer
827
MR. FINNAN moved the petition on behalf of Mr. Lisofsky be for-
warded to the Planning Board.
Seconded by Mr. -Holt.
Motion Unanimously Carried
The following letter was received:
To: Wappingers Town Board
East Main Street
Wappingers Falls, New York
From: Charles J. Wilson
29 Kretch Circle
Wappingers Falls, New York
Gentlemen:
Request that the Town Board give permission to the Dutchess
County Highway Department to connect the drain pipe off Osborne
Hill Road, draining the property of the Nick Bennies Apartments,
the green fly swamp and all the property that side of Osborne
Hill to include Osborne Hill. This is an open pipe draining L
onto the property of Jerrys Restaurant, down the -hill onto my
property. Whenever there is rain this floods my cellar.
In September 1971 during the storm Doria I suffered a heart
attack trying.to keeprthe:water out of my cellar. There was four
foot of water in my back yard and it put out -my furnace, clothes
drier and ruined -my freezer. My cellar was under two foot=ofJwater
and the damage to my family room was bad.
I have been trying to get the county -to do something about
it through Mr. Linge and finally they stated that if they can get
permission to hook into the town lines they will do it.
I welcome any or all members of the town board to my house
to see this problem. -
The town engineer was there and saw this problem.
s/ Charles J. Wilson
Mr. Lapar commented that the Town storm sewers in that area, put
in by Gallo, could not possibly handle the water coming off Osborne
Hill Road. There are two choices, one to connect into the systems,
but it would come right up the catch basin again, the other -i ' to
increase the size of the culverts in that area, and bring it down
to the more recently installed storm sewer system, but that is
quite costly. The problem was created by the county, not the town,
at this point it is impossible to cooperate with the county, because
it will only create more problems. -
MR. DIEHL moved Mr. Wilson's request be turned over to Mr. Rappleyea
and Mr. Lapar for their recommendations and cost estimate.
Seconded by Mr. Clausen. Motion Unanimously Carried
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A letter was received from Thomas -A. Batira regarding the request
for Town Board action in the Mendell's establishment of a dog
kennel on Daisy Lane, and more specifically the "illegal structure"
on the Mendell property. Mr. Batira indicated that the residents
of Daisy Lane would like 1. what date we can expect it removed
(illegal structure) 2. what punitive action the Town will take
against the Mendell's for each day it continues to remain beyond
the date specified for its removal.
Mr. Diehl stated that he had spoken to Miss Pike this day, and
that she has advised him that there is no change, and there is no
violation under Town Laws,
Diehl recommended the Town
and there is nothing she
Clerk receive the letter
can do. Mr.
and write back
that Miss Pike's report states there is no Town Laws being violated.
Mr. Holt made note of the 2nd paragraph in Mr. Batira's letter
"we also advised'that a huge shack currently belonging to
Mr. Mendell was illegally constructed on=his property line
it would appear that they had reference to a tree house type of
structure, neatly -constructed, painted, and it was there when
Mendell bought the property.
A letter was received from George M. DeGiacomo regarding the
turning over of the water lines of Angelbrook to Schoonmaker.
Nothing has been done to date.
MR. DIEHL moved that Mr. DeGiacomo's letter be referred to Mr.
Rappleyea for his study -and to advise the Board what action it
could take, also a letter to Mr. DeGiacomo of the action taken.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Mr. Rappleyea reported that with respect to the roads
in Dutchess
Heights, he is attempting to work out a plan to have the roads
completed. A meeting was held a few weeks ago with Mr. Horton,
Mr. Lapar, and a representative of Spoor -Lashes and• their -council,
to discuss a possible solution to the problem. It's improbable
that anything can be done now, however, until Spring: -
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The following letter was received:
Michel Drive '
Wappingers Falls
New York -12590
December 6, 1971
Mr. Louis D. Diehl
Supervisor Town of.Wapptnger
Wappingers Falls, N.Y.
Dear Mr. Diehl
Subject: Drainage catch basin changes
I would like to express our appreciation to you and your staff
for the response in correcting the drainage situation on Michael
Drive adjacent to and across our driveway. In correcting this
a dangerous situation has been eliminated, and the entrance to
our driveway has been materially improved.
Again many thanks for your attention and assistance in this
matter.
Sincerely yours,
s/ Thomas J. Leach
The Town -;Clerk informed the Board that R.E..Lapar had filed a
map, planand report on a Town Wide Water Improvement Area with
her on November 15, 1971, and copies had also been placed before the
Board.
MR. DIEHL moved that Mr. Lapar's report be received and placed
on file. -
Seconded by Mr. Clausen.
Motion Unanimously Carried
Mr. Clausen, reporting on a, meeting with Mr. Crans,-of Central
Hudson, regarding a street .lighting request for lighting along
Route 9D (outside both Hughsonvills and Chelsea light_ districts)
down toward Chelsea Road from the area of the entrance in Chelsea
Ridge Apartments.
MR. CLAUSEN- moved that the- Supervisor be, authorized to- sign the
Street Lighting Authority Order #9527, authorizing CentralHudson
Gas & Electric Corp. to make the specified changes to the street
lighting service for the General Town Charge Lighting.
Seconded by Mr. Finnan.
Motion Unanimously Carried
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Mr. Clausen, recalling the letter received from Dr. Scardaparini
regarding the installation of a traffic light at the intersection
of All Angels Hill Road and Old Hopewell Road, reported that he
had spoken to Mr. Petrovits, who had confirmed their discussion
in writing, that since the county does not erect traffic lights,
permission will be given to the Town should they wish to erect
one. It was also suggested that the_Board pass the required
resolution and submit to him and the State for approval.
MR. CLAUSEN moved that the Town of Wappinger erect, at the Town's
expense, a traffic light at the intersection of All Angels Hill
Road and Old Hopewell Road; that the Commissioner of the Dutchess
County Department of Public Works be requested to erect a "Traffic
Signal Ahead" sign, at the top of the hill on the south side of
Old Hopewell Road west of the intersection, when the light is
installed and permission be granted to solicit -for bids when
permission is granted from the Commissioner of Public Works.
Seconded by Mr.. Finnan.
Motion Unanimously Carried
Mr. Horton also stressed the necessity for contracting for the
maintenance of these traffic lights.
Mr. Holt reported that on the 19th and 20th of November he attended
meetings of the Council of Environmental Advisors in Tarrytown.
This bringing together business leaders, representatives of environ-
mental groups, and governmental officials throughout the State to
explore new methods of cooperation on environmental problems.
MR. DIEHL moved that a meeting be called for the final audit of
accounts on December 29t h at 5:00 P.M. in the Town Hall, Mill
Street, Wappingers Falls, New York.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Mr. Rappleyea reported that a decision had been handed down on
Investors Collateral vs. Town of Wappinger (rezoning). The Court
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upheld the Town,_at least in the preliminary stage, to say that -
the zoning there was not unconstitutional.
A Resolution for appointment of a Board of Assessment Review was
placed before the Board.
Supervisor Diehl called a recess at 10:00 P.M.
Supervisor Diehl called the meeting back to order at 10:08 P.M.,
all Board members were present.
RESOLUTION APPOINTING MEMBERS TO
THE BOARD OF ASSESSMENT REVIEW
The following resolution was introduced by COUNCILMAN MILLS
who moved its adoption:
WHEREAS the Town of Wappinger has elected to adopt the single
assessor procedure,
NOW THEREFORE,'BE IT RESOLVED
That the following members are hereby appointed to the
Board of Assessment Review with terms ending on the dates set
following their name:
1. Knud Clausen
2. Vincent Brancato
3. Louis Eck
4. Regis Fields
5. Joseph Ludewig
Seconded by: Mr. Holt
Roll Call 'r Vo to :
Supervisor Diehl
,Councilman Clausen
Councilman Finnan
Councilman Holt
Councilman Mills
Carried December 13, 1971
Aye
Aye
Aye
Aye
Aye
Term ending -September 30th, 1972
Term ending September 30th, 1973
Term ending September 30th, 1974
Term ending September 30th, 1975
Term ending September 30th, 1976
Mr. Diehl brought up the vacancy on the Planning Board created by
the resignation of Mr. Schuele. Mr. Mills reminded Mr. Diehl that
this term expires January 7, 1972.
MR. DIEHL moved that Howard Verb, whom the Planning Board had
recommended, be appointed to the Planning Board to fill the unex-
pired term of Mr. Schuele.
Seconded by Mr. Clausen.
Roll Call Vote:
Supervisor Diehl Aye
Councilman Clausen Ave
Councilman Finnan
Councilman Holt
Councilman Mills
Motion Failed
Abstain
Nay
Nay
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The Town Clerk informed the Board that a decision had been received
from the Department of Environmental Conservation upon the water
supply application of #6017, of Atlas Waterworks Company dated
November 30, 1971. The decision, Mr. Rappleyea added, was the
basis for the following resolution, conditioned to the decision
itself, and the public hearing that was held by both the Town Board,
and the Department of Environmental Conservation. There was a
statement in the findings of fact by the Referee which should be
of some concern to the Town. The finding is that of Paragraph 10
of the decision, and in view of this finding he thought itmight
be in order that the Town Board urge the County Department of Health
and the Department of Environmental Conservation to make a further
investigation to require adequate storage facilities, and putting
into service of additional wells, that's as far as the existing ,
situation, any increase of service area would only add to an already
poor situation.
Mr. Lafko suggested that before the Board take the advice of Mr.
Rappleyea, there may be some changes, since the Engineer for Atlas
was in attendance with Environmental Conservation today. What Mr.
Rappleyea is saying is admittedly an error today, but he wants to
expedite an error, pointing;out it is his (Lafkos) responsibility
and that some of the errors were corrected today.
MR. DIEHL moved that the decision of the Department Environmental
Conservation regarding Atlas Water Company be forwarded to the
Dutchess County Department of Health for their study and recommend-
ation.
Seconded by Mr. Holt.
Motion Unanimously Carried
RESOLUTION CONCERNING THE APPLICATION -
OF ATLAS WATERWORKS COMPANY PURSUANT
TO LOCAL LAW #2 OF 1967
The following Resolution was introduced by COUNCILMAN MILLS
who moved its adoption.
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WHEREAS Atlas Waterworks Company by petition to the Town
Board requested the consent of the Town Board of the Town of
Wappinger to grant -its consent to the extension of theL facilities
of the Atlas Waterworks Company, and
WHEREAS said petition was referred to the Engineer to the
Town, Rudolph E. LaPar, and he.thereafter,filed a_written report
concerning said petition, and
WHEREAS the Town Board conducted a public hearing upon said
petition, and
WHEREAS the applicant, Atlas Waterworks Company, simul-
taneously made application to the Department of Environmental
Conservation for its consent to expand the supply of water and
territory, and
WHEREAS by written decision dated November 30th, 1971, a
copy of which is hereto annexed, the application of Atlas Mater -
works Company was denied, and
WHEREAS the decision of the Department of Environmental
Conservation concluded that the Atlas Waterworks Company's pre-
sently approved well and storage facilities posed a constant
threat of loss.of water service to its present customers,
NOW THEREFORE, BE IT RESOLVED:
1. The Town Board of the Town of Wappinger hereby
adopts as part of its findings the decision of the Deparment.. of
Environmental Conservation upon the Water Supply Application
No. 6017, dated November 30th, 1971.
2. That the petition and the evidence presented at
the public hearing upon the petition by Atlas Waterworks Company
for the Town Board's consent to extend its service area indicate
that the applicant is asking permission to serve an area of over
2,000 acres of which area is far in excess of the applicant's
ability to serve.
3. That the plans as presented+to ,the Town Board are
insufficient in that they fail to show what type of service is
to be provided for_customers other than along the main trunk line.
4. That per all the proceedings heretofore held, the
petition of the Atlas Waterworks Company is hereby denied.
Seconded by: Councilman Holt
Roll Call Vote:
Supervisor Diehl Aye
Councilman Clausen Aye
Councilman Finnan Aye
Councilman Holt Aye
Councilman Mills Aye
Carried: Dec. 13, 1971
Mr. Lafko took exception to the resolution, saying that he had
requested when the application was submitted, that the Town Engineer
was in conflict both with private enterprise and what -not in render-
ing the report. He contends Mr. Lapar has rendered this report
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erroneously, that the Town, rejecting through the Transportation
Corp. is going on an error that he pointed out.
RESOLUTION AUTHORIZING PREPARATION OF
DETAILED PLANS AND SPECIFICATIONS FOR
WAPPINGER SEWER IMPROVEMENT #1
The following Resolution was introduced by COUNCILMAN MILLS
who moved its adoption. -
WHEREAS the Town of Wappinger has previously authbrized
the formation of Wappinger Sewer Improvement #1, and
WHEREAS application was made for the approval of said
improvement area to the New York State Comptroller, and
WHEREAS the New York State Comptroller -approved of said
application on November 30th, 1971.
NOW THEREFORE, BE IT RESOLVED:
1. That the Engineer to the Improvement Area,
Rudolph E. LaPar, is hereby authorized and directed to prepare
detailed plans and specifications for the improvement in accord-
ance with the map, plan, and report originally prepared by him
for said Improvement Area. -
2. That Allan E. Rappleyea, Attorney ta ' said Improvement
Area is authorized and directed to prepare appropriate applica-
tions for any State and Federal Aid which may be available and
to prepare the necessary contracts, easements, rights -of way,
and other appropriate material for -the bidding and construction
of said sewer improvements.
3. That the Supervisor is hereby authorized and directed
to execute applications for any State and Federal Aid as the
same may be available for said iretptovement.
Seconded by: Councilman Holt
Roll Call Vote:
Supervisor Diehl Aye
Councilman Clausen Aye'
Councilman Finnan- Aye
Councilman Holt '7iye
Councilman Mills Aye
Carried: Dec. "'13:,' 1971
The following Order was moved by COUNCILMAN MILLS, seconded by
Councilman Holt, and unanimously adopted:.
IN THE MATTER OF THE ESTA$LISHMENT OF
THE WAPPINGER WATER IMPROVEMENT #1 "IN'
THE TOWN OF -WAPPINGER, -DUTCHESS COUNTY,
NEWYORK, ,PURSUANT - TO ARTICLE- 12C OF THE
TOWN LAW TO INCLUDE ALL LANDS WITHIN THE
TOWN OF WAPPINGER, EXCLUSIVE OF LANDS
WITHIN THE CORPORATE LIMITS OF THE VILLAGE
OF WAPPINGERS FALLS
335
WHEREAS a map, plan, and report have been prepared in such
manner and in such detail as has heretofore been determined by
the Town Board of the Town of Wappinger relating tQ, the establish-
ment of a proposed Water Improvement Area known as the Wappinger
Water Improvement #1 in the Town of Wappinger, Dutchess County,
New York, pursuant to Article 12c of the Town Law, and
WHEREAS said map, plan, and report have been duly filed in
the Clerk's office of the Town of Wappinger for public inspection
and
WHEREAS said map, plan and report were prepared by Rudolph
E. LaPar, a competent engineer, duly licensed by the State of
New York, showing the boundaries of the proposed Improvement
Area and a general plan of, the water system, :and
WHEREAS the improvements proposed gas, set forth in said plan
and %report consist of water supply, water storage facilities,
water mains, pumping stations and associated facilities located
in the Town of Wappinger, and
WHEREAS the improvement will provide primarily for the
entire Town of Wappinger, exclusive of the lands which lie within
the corporate limits of the Village of Wappingers Falls and which
siad lands are bounded and described generally as follows:
Beginning at a point in the center of the Hudson
River, said point being the intersection of the Town
of Wappinger, Town of Fishkill Town Line and the Orange
County-Dutchess County -County line.
Thence northerly along the center line of the Hud-_
son River 17,400+ FEET to a point, which point is in the
center of Wappinger Creek where it meets the Hudson
River, said point also in the intersection of the Town
of Poughkeepsie, Town of Wappinger Town line, thence
northeasterly along the center line_of-Wappinger Creek
8,300+ feet to a point, said point being on the south-
west boundary.of the Village of Wappingers Falls, thence
southeasterly, easterly and northerly around the boundary
line of the Village_of Wappingers Falls and the Town of
Wappinger 19,600+ feet to a point, said point being on
the northerly boundary line of the Village of Wappingers
Falls, said point also being the center line of Wappingers
Creek, thence along the center line of Wappinger Creek
21,100+ feet to a point, said point being at the westerly
most intersection of the Town of LaGrange, Town of
Wappinger Town line, thence easterly along the LaGrange-
Wappinger Town line 17,000+ feet to a point in the _center
of Sprout Creek, said point also being the point where
the Towns of LaGrange, Wappinger and East Fishkill meet,
thence southerly along the center line of Sprout Creek,
which line is also the boundary between the Town of East
Fishkill and the Town of Wappinger 38,700+ to a point,
said point being the point where the Towns of East Fishkill,
Wappinger and Fishkill meet, thence westerly alongrthe
Town of Wappinger, Town of Fishkill-Town line 39,100+
feet to the point or place of beginning.
WHEREAS, the maximum amount proposed to be expended for said
improvement is $12,000,000.00 and the proposed method of financing
to be employed consists of the issuance of serial bonds of said
Town pursuant to the Local Finance Law, to mature in annual install-
Ii
ments over a period not exceeding forty years payable in the first
instance by assessments levied upon the several lots or parcels of
land within the benefited area hereinbefore described in just
proportion to the:amount of benefit which the improvements shall
confer upon such lots or parcels; and
WHEREAS, it is now desired tocall a public hearing pursuant
to Section 209Q, Subdivision 3, of the Town Law;
NOW, THEREFORE, IT IS HEREBY
ORDERED by the Town.Board of the Town of Wappinger, Dutchess
County, New York, as follows:
Section 1.. A meeting of the Town Board of the Town of
Wappinger, Dutchess County, New York, shall be held in the
Ketcham High School, Myers Corners Road, in said Town on the
27th day of December, 1971, at 7:30 o'clock P.M., Eastern
Standard Time., to hold a public hearing on the aforesaid pro-
posed improvements and the plan, report, and map prepared and
filed in connection therewith at.,which all persons interested in
the subject thereof may be heard concerning the same, and to take
such action thereon as is required or authorized by law.
Section 2. The Town Clerk is hereby authorized and directed
to give notice of such public hearing by publishing a copy of this
order once in the Wappingers and Southern Dutchess News, the
official newspaper, and by posting a copy hereof upon the bulletin
board of her office, such publication and posting to be made not
less than ten (10) nor more than twenty (20) days before the date
set hereinfor. said .public hearing.
Section 3.. This .Order shall take effect immediately.
The following letter was received under unfinished business.
November 16, 1971
Town Board
Town of Wappingev
Mill Street
Wappingers Falls, New York
Re: Application of Klein & Alexander
Extraction of Natural Resources
Gentlemen:
Mr. Rudolph E. Lapar, Engineer to the Town, and I have
reviewed the above application which you referred to us for
recommendation.
It is our finding that the proposed excavation elevations
shown on the "Site Improvement Plan" which was submitted with the
application, do not conform to Section 439.013 of the Town of
Wappinger Zoning Ordinance .in that excavations will be below
the grades of the streets and property lines, closer than 200
feet thereto.
Based on the above-mentioned Plan, dated August 18, 1971, it
is our recommendation that the permit sought by Klein and Alexander
be denied for failure to meet,the zoning regulations.
8 3-7
Regarding this matter, I recently received a telephone call
from Mr. Peter N. Anagnos, Senior Engineer with the Dutchess
County Department of Public Works.. Mr4 Anagnos has an application
before him for a permit for entrance and exit on Hopewell Road, in
connectionwith the use for which this application is before your
Board. Mr. Anagnos would appreciate being notified of whatever
action your Board may take regarding the application of Klein
and Alexander, as he is withholding the issuance of any permit
until he has received evidence that the Town Board has approved
the site for the use.
Yours very truly,
s/ Susan J. Pike
Zoning: Administrator
Since the receipt of this letter, the Town Clerk informed the
Board that Kelin & Alexander have resubmitted, with an amended map.
MR. FINNAN moved that the amended map submitted by Klein & Alexander
for their soil mining application be referred back to the Zoning
Administrator and Engineer to the Town for their further review
and recommendation.
Seconded by Mr. Clausen.
Motion Unanimously Carried
The salvage yard application of Mid -Hudson Auto Wreckers, Inc.
was still before the Board. Supervisor Diehl directed this matter
remain tabled until a recommendation is received from the Zoning
Administrator.
Mr. Mills addressing the problem of Alexander having left a mess
opposite the Wildwood Manor Apartments, requestedof the engineer
and attorney to the storm drainage_ project that before Mr. Alexander
is paid any more money that he be made to clean it up.
MR. MILLS moved that the engineer to the storm drainage project
be instructed not to approve any further payments to Alexander for
drainage work until the rubbish left in Wildwood Forest, opposite
the apartments, beccleaned.up, this matter also be referred to Miss
Pike, Zoning Administrator, in case there is a zoning violation.
And further, that Mr. Rappleyea take whatever steps necessary to
call the bond for Mr.. Alexander's mining permit at the corner of
St. Nicholas and New Hackensack roads.
Seconded by Mr. Holt.
Motion Unanimously Carried
L
L
L
Malcolm Cornell indicated he had presented Mr. Lapar with the
signed report that he requested from his engineer, Mr. Singer,
so now the Town Board may take the necessary action to that storm
drainage that his letter called for.
Mr. Eck thanked the Board for what they had accomplished in the
last six to eight months regarding water and sewer. It was some-
thing he has been battling for for the last ten years.
Charles Cortellino informed the Board that one of the Refuse
Removal Companies, that serves Wildwood, has recently boosted
up their rates. It brings up the topic of forming a department
of Public Works. If such was formed, refuse pick-up, sewer and
water could be incorporated. The Board should consider it soon.
Mr. Mills offered the suggestion of name plates for the Board
members. It would be particularly appropriate with new Board
members taking office.
MR. MILLS moved that name plates be purchased for the Board members,
the five present Board members, and the two new incoming members.
Seconded by Mr. Finnan.
Motion Unanimously Carried
MR. MILLS moved the meeting be adjourned, seconded by Mr. Holt
and unanimously carried.
Meeting adjourned at 11:05 P.M.
Reg. Mtg. 12/13/71
Elaine H. Snowden
Town Clerk
3:=3
STATE OF NEW YORK .. DEPARTMENT OF AUDIT AND CONTROL
34'0;
In the Matter
of the
Application of the Town Board of the Town of Wappinger, Dutchess
County, New York, for the permission of the State Comptroller to
provide a sewer improvement in said town, to be known as Wappinger
Sewer Improvement No. 1.
WHEREAS, application has been duly made to the undersigned by
the town board of the Town of Wappinger, Dutchess County, New York,
by its Supervisor, pursuant to Section 209•q of the Town Law for
the permission of the State Comptroller to provide Wappinger Sewer
Improvement No. 1 in said town, in accordance with such application
and a resolution of said board adopted May 25, 1971, and
WHEREAS, the undersigned has duly examined such application,
` NOW, THEREFORE. pursuant to such examination and upon such
application of the town board of the Town of Wappinger, the under•
signed does hereby find and determine after due deliberation:
(1) That the public interest will be served by the
proposed improvement.
(2) That the cost of the proposed improvement will
not be an -undue burden upon the property in the
benefited area.
1. ARTHUR LEVITT, Comptroller of the State of New York, do
hereby order that such application of the town board of the Town -
of Wappinger for permission to provide Wappinger Sewer Improvement
No. 1 be, and the same hereby is, granted, with the maximum amount
to be expended for such improvement to be $3.963.320.00.
Executed in duplicate under my hand and the seal of the
Comptroller of the State of New York. at the City of Albany,
New York, this 3 o day of November. 1971.
By
ARTHUR LEVITT
State Comptroller
Jo J. Feene
De uty Comptroller
WARRANT
To Louis D. Diehl , Supervisor
Town of
, County of lisrellese
, New York.
The following claims, having been presented to the Town Board of the Town of
Waninfler , and duly audited and allowed at a meeting thereof held on the
13th day of , 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
No.
847 Dorothy Alsdorf,
848 Edna Winters
848 Edna Winters
830
851 Pauline Egon
852 Blidolph E Levert P.R. •
853
AMOUNT
ALLOWED
50. A-7510.1
76. A.4110.1
52. A-7110.1
egu4a.m.-10.44.5a
A9040.8 178.68
118.7 A-1220.4
FUND OR
ACCOUNT
The State insurance Feed 1,323.
854 Custom Climatal' Cont.
855 Francis Shemin
856 Gorge Wells
8.57 Sloper-Willen A.
858 Amelia Crosby
859 Allan B. Bagpleyea
860 Boat -All Plaza Iac.
861 Glean T. Beady
862 James T. Gamin°
863 Jobe Holler
864 Susan J. Mfr
865 Barry Molt
866 Artber Waddle
867 Dina Bros. In c.
868 George Schlatheas
869 Lee Cormell
30.00 114010.4
A-.11,440.4
833.32 ..1-440.4
123.00, A-1620.4
133.00 1•1620.4
199.89 A-3510.4
083.66 1-4560.4
7.40 A-1330.4
A•1420.4
• 666.66 $.1420.4
14.
A-1620.4
14.01 A-1220.4
116.95 Ai03510.1
46.60
10.00.1.40;0.4
23.40 A-1920.5
5.
49.
31.
33.
1.3120.4
714310.4
A.1110.4
B-7310.4
OTHER INFORMATION
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of
this 13th day of DerilabOr , 19 71
[SEAL]
app
Town Clerk
A
WARRANT
To Louis D. Diehl , Supervisor
Town of WAppinain , County of Dotchess , New York.
The following claims, having been presented to the Town Board of the Town of
t�aipiantr , and duly audited and allowed at a meeting thereof held on the
13th dayof December , 19...71, in the amounts hereinafter respectively specified, and
a certificae thereof having been duly filed in my office as Town Clerk, you are hereby authorized
and directed to pay to each of the following claimants the amount allowed upon his claim as
hereinafter stated:
CLAIM
No.
NAME OF CLAIMANT
AMOUNT FUND OR
ALLOWED ACCOUNT
870 Binn th Croahi,Sr 40. B-7310.4
871 Daniel J. 8amnipn 440. t 1.3310.4
872 R. J. Brodher, Inc. 73.4 1-1620.4
14620.2
ry
873 Ditches' Co. Clerk's Off cs 1. '+ A4355:4
874 Williamson Law 3osk CO. - 40.7 A4110.4
875 Mwr York Toles Co. 630.6 1.1620.4
876 Body Angelo Inc. 121. A-3310.4
A-9060.8
877 The 8artfosd Lift Ins.Co.1,107.9- 3-9064.8
878 West Pablishin$ Gs. 4. ► 1.3620.4
A4.110,4
871 - Is " " 93. 8..1410.4
880 $7hss, Galloway 1 '25. x # 1.1420.4
881 ifattc.al Firs P.Ass'nl 3.1' 1M3620.4
882 Sigma Pbila & Hsatiai 1.,072.9 A-1640.4
883 Credit Bureau of Pte. 60. + A•1355.4
884 $ cembe • 297. a A-1353.4
889 The Pendell Press fi 12.. 41180 4
886 II n R 12. A.1620.4
887 Vine's 0i* Service 73. 11620.4
888 " " 22. A4620.4
889 If n a 51 A-1620.4
890 Marine 3 L41aed Irak 223. A4620.4
891 Chester Satz Co, 59. *4110.4
892 If •f If 26.5 41620,4
in Witness Whereof, I have hereunto set my hand and the Sealofthe Town of971
this 13th -. day of Dir
OTHER INFORMATION
[SEAL]
ua.
Town Clerk
WARRANT
To Louis D. Diehl
Town of
wandnipr
Wappthu
, Supervisor
, County of Madre*.
, 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
13ta day of D.OUUIU , 19.71, 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.
893
894
895
896
897
898
899
900
901
002
903
904
NAME OF CLAIMANT
Coatral Dodson
11
Radio Stock
Cowry P. Wolf
J elt Pray
aazrt 11ai
Rodney Plow
Ralph Visa11
1. J. Karin &
11
AMOUNT FUND OR
ALLOWED ACCOUNT
206.76 A4620.4
8.10 3310.4
.854.20 A-5187
6.90 A4-110.4
125.00 1-7310.4
960.00 A.7110.4
800.00 10.7110.4
75.00 *.7110u14
42.00 A-7110.1
343.00 A-7110.1
InC. \ 26.79 A-7110.1
11 11 11 21.79 *4110.1
906 Great Dear Spris$ co.
907 Albert Dadatrich
908 RiNtr011tiee COussitants
909 Richard larger
910 Viaccat Egan
911 Podolpit 8.1.spar
912
913
914
915
16
807310.4
30. A.1620.4
1.00, A-3120.4
2,000.09 114140.4
490.001 Das Broadtora Dowd
OTHER INFORMATION
\ 2,400.
\ 4768.2
ft 14 44
Elaine R. Suoadon
otty Cash
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of
13dt71
this day of 19
[SEAL]
41
Town Clerk
WARRANT
Lewis D. Diehl
To , Supervisor
Town of , County of , New York.
The following claims, having been presented to the Town Board of the Town of
APPIDIOW , and duly audited and allowed at a meeting thereof held on the
1.3d1 day of DSS! 19 71, 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
AMOUNT FUND OR
ALLOWED ACCOUNT
OTHER INFORMATION
916 Hall 1 Camper \1,196.31 leeUndue rasa Bond
Tara. $ 7101..77
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of
lith Dscsr
this day of ... ....... 1971.
[SEAL]
Town Clerk
SPECIAL DISTRICTS
WARRANT
To Loomis D. Diehl , Supervisor
Town of Wsppiawer , County of Dattdtsss
, New York.
The following claims, having been presented to the Town Board of the Town of
Watrieter , and duly audited and allowed at a meeting thereof held on the
13th day of Dem'apsber , 19. 71, 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
182 Aldrich & MacDonald
183 Cent.Mmd.Gaai & Elec.
184 R. E. Lieu, Inc.
183 s. R. Lingo, Inc.
186 Nelms Laffin
187 Cent.Hnd.Gas 6 E1ec.
188 AZton-Cross SCo.
189 Axton -Cross Co.
190 Cent.9d.Gas & Elec.
191 Howard T. Adams
192 Aztton-Cross Co.
193 N i S Supply Co.
194 Ii i S Supply Co.
INS Mr1ra Laffin
196 Roweilutledse
AMOUNT FUND OR
ALLOWED ACCOUNT
• t,500.00
151.90 SW24310.4
120.32'12-8310.4
13.31 SW24310.4
SW2-8310.4
230.00 8824130.4
88.10 SI04130.4
103.68 534130.4
207.36 $124130.4
480.46 8834130.4
44.00 893-8130.4
24.99 883-8130.4
2.20 8834130.4
17.09 883-8130.4
123.00 S83-8110.1
11.20 S33 4130.4
•u7 170:00 fv11318 4
j 1°iijaoes fag
r:,
Aston-Cross
200 L.T.Linda Septic Tank
201 , Cent.R d. Gas & Elec.
103.66 831-8130.4
200.00 381-8130.4
344.60 8814130.4
TOTAL* ---4 i, 203.23
OTHER INFORMATION
Fleetwood Sewer Bond Acct.
Fleetwood Water District
Fleetwood Water District
Fleetwood Water
Fleetwood Water & Sewer Dist.
Fleetwood Sewer District
Fleetwood Sewer District
Fleetwood Sewer district
Rockingham Sewer District
Rockinghmm Sewer District
Rockingham Estates
Rockingham Sewer Plant
Rockingham Sower Plant
Rockingham. Sewer District.
Rnckinghan Sewer District
r
District
OakwoodEYee►1le Sewer
Oakwood Sewer District
Oakwood iko11s Sewer Dittict.
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of Wappinaer
this 13th clay of De<F1 r , 19 71
[SEAL]
Town Clerk