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1971-06-01 SPM165 WAIVgk OF NOTICE OF SPECIAL MEETING OF THE TOWNBOARD OF THE TOWN OF WAPPINGER DUTCHESS COUNTYNEW YORK The undersigned, being all of the members of the Town Board of the Town of Wappinger, Dutchess County, New York, do hereby waive notice of the time and place of the 'hold of a Special Meeting of said Town Board, and do hereby agree and consent • that the same be held on the 1st day of June, 1971, at 8:00 o'clock in the afternoon of that day at the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York, for the transetion of all business which may properly come before the meeting or any adjournment thereof. noiltan eka 't1AAU Councilman Councilman Councilman Due and timely notice of the above mentionecUmaatingAs hereby admitted. Town of Wappinger AL1 the Board members being present and having signed the above waiver, each for hiriaelf.' •Supervisor Diehl called the meeting to order at 11:00 P.M. Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town RESOLUTIONHcRAN/RTNG EXEMPTION TO SCHOONMAKERYTBROE.; INC: FOR EXTENSION �F WATER MAINS TO DuTcNEgs The following Resolution was offered by COUNCILMAN MILLS, who moved its adoption: ,WHEREASSchoonmaker Bros., Inc. petitioned the Town Board, of the Town of Wappinger for exemption from the provisions of Local Law #2, of the year 1967 for the extension of water mains to Dutchess Heights, Inc. Section II, and WHEREAS, Maps and Plans for said extension have been filed with the Town Clek, and WHETREAS a ,Public Hearing on said June 1, 1971, - . NOW THEREFORE application was held on BE IT RESOLVED that Schoonmaker Bros., Inc. is hereby granted an exemptionfromtheloPeration of Local Law #2 for extension of water mains to Dutchess Heights, Section II upon the following conditions: 1. The approval of the Water Resources Commission of said application for the extension. Filing Nwithlthe'TOwn Clerk plans, certified by a Licensed - Engineer, showing the water system, as built. 3. The execution.ok aa option, approved by the the Town, granting to the Town the right to purchase lines, rights of way easements, including said water $1.00. Seconded by: Councilman Clausen Roll Call Vote: Supervisor Councilman Clausen Ave Councilman Finnan Ave, Councilman Holt Ave CouncilmanJ4ills: Attorney to all of said mains, for MR. FINNAN moved the meeting be adjourned, seconded by Mr. Clausen and unanimously carried. Meeting adjourned at 11:04 PvM4 Elaine H. Snowden Tq rClk Special Mtg. 6/1/71 A Public Hearing was held by the Town Board of the Town of Wappinger on June 1, 1971 at the Town Hall, Mill Street, Wapp- ingers Falls, New York, on a petition from Schoonmaker Bros. Inc. requesting exemption from the provisions of Local Law #2 of the Year 1967. Supervisor Diehl opened the Hearing at 7:30 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Harry Holt, Councilman Stephen Saland, Councilman Elaine H. Snowden, Town Clerk Others Present: Rudolph Lapar, Engineer to the Town The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized by Albert Osten of the W& SD News. (These Affidavits are attached hereto and made a part thereof of the minutes of this Hearing). Supervisor Diehl asked if anyone wanted to be heard either for or against this petition. George DiGiacomo, Presidnet of Dutchess Heights Civic Association asked to form a committee to be present at the Public Hearing and explain some of the problems they have with water. One of his committee members had asked for an explanation of this Local Law and what the exemption would mean. Mr. Worono, Attorney went into detail on the mechanic of Local Law No. 2 of 1967. Mr. DiGiacomo went back to the water problems, 1. water powers on top of the hill is very low, 2. they've had numerous breaks in the line, what can be done so they do not reoccur and 3. when would the water lines, as such, be accepted. Who will be responaible if more breaks occur? William McCarthy, Angel Brook Section 1, said he was concerned about them adding more lines - pressure not good now. What effect 686 will it have on him - what consideration was taken when they developed the system, as to size. Mr. Clausen thought the residents should present a list of their problems and the Town could forward it to the Water Resources Board to be considered at the Hearings. Mr. Scaropino, Tor Rd --Who owns the water lines? Who is supposed to take care of them? It takes very long for anyone to get there when a call is put in. Mr. Fields from Schoonmaker explained that they now have a tele- phone alarm system that relays trouble immediately, so there should be no problems as far as waiting for repairs. As far as ownership, is concerned, they are waiting for deeds to be turned over by the original contractor. Charles Alpert, President of Angel Brook and owner of lines at present said they would be turning over the water lines within the next ten days. Mr. McCarthey asked Mr. Fields if they planned to accept the lines before the roads were accepted. Would the water lines going into Section II be new lines or would they be connected to the present one. It was explained that the extension would take care of Section II but not the industrial center. Mr. Clausen wated to confirm the fact that the lines of the exten- sion in Section II would be dedicated to the Town upon completion and dedication of roads. This was so stated in the petition before the Board. No one else spoke either for or against the petition. MR. MILLS moved to close the Hearing, seconded by Mr. Holt and unanimously carried. The Hearing closed at 8:15 P.M. acetocke, Elaine H. Snowden Town Clerk W. and 5. D. NEWS DISPLAY ADVERTISING AX 7 — 3724 CLASSIFIED ADVERTISING 20 EAST MAIN STREET - WAPPINGERS FALLS LNOTICE OF PUBLIC HEARING . PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger will onduct a public hearing at the Town Hall; Mill Street, Wappingers Falls, in the Town of Wappinger, County of Dutchess, New York on June 1, 1971 at 7:30 P.M. EDT to hear all persons concerning a petition and application made by Schoen. maker Bros., Inc., for exemption under Section 14 of the Local Law No. 2 in respect to extension of water mains to and through the subdivision, Dutchess Heights, Section I I, by the Town Board of the Town of Wappinger, pursuant to Local Law No. 2, of the year 1967. Elaine H. Snowden Town,Clerk AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess. Town of Wappinger. Beatrice Osten of the Town of Wappinger, Dutchess County, New Yak. being duly sworn, says that he is, and A the several times hereinafter was, the Co-Editor-Pgplisl}gjf 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....4 U. g . in each week. commencing on the..? PSA ...day of.... M a y 19 71 and on the following dates thereafter. namely on and ending on the....2P.th.day of....Ma.y 19.71 both days inclusive. Subscribed and sworn to before me this....2QQtb day of May 19..71 Notary Public My commission expires AL E'E;; ('-` ,,:TEN rTAB'! (U!il!: ;'i.; n: ,ir,,l ?!. QUALIF1 D „L;: ,',r.vfi 30, '1.17- AGENDA - TOWN BOARD JUNE 14, 1971 1. Supervisor Call Meeting Order 2. Roll Call 3. Accept Minutes hoc 3, �. lO ureLl 4. Reports of Officers - Correction i`-- ' , sier 31 ly).'Go 87 5. Petitions and Comm nications 3d C;ro rom V. Francese oKSD�1� 3 {.1iw5C). 3j5 ;-‘1..4)wW.137 n� .ti. `hc. n n. n`1 CIL.Sel s,rp �z�5►� s_o'.. /a. Amelia Crosby -re: Sewer & Water Rents & Increase in salary. ib. Planning Bd. & Ctg. Ping Board re: suggested additional wording to ordinance. c. Appointment of Election Inspectors (Rep. -Dem.) d. Worst a re: firm resolution for reduction of bond .e". Dutchess Co. Dept. of Planning re: Hesse & Rossetti -f. Central Hudson Street Lighting Contracts ig. Jeffery Richards re: Extention of RFSD by Schuele and Thomann ,h. Julius Gerzof re: Ye Olde Apple Orchard /i. Kelley re: subcontractors for RFS & Change Order rj. John Reed re: Mid -Point Park David Goldman '1. W. Bulger re: request to attend training session 1m. Karol Sekely re: Noise Ordinange Jn. Donald Feeney re: Brouthers Memorial Park o. F. Lafko re: Atlas Water Co. V i a - 3 eLx1�C hers .v'sc 6. Reports of Committees '��'�"��"'�``'^ � l.cit�u: Cxrlr+�.m � �i.C�.P.(i) re•Zoh.0.%A,,....oi6w-..St Furnace forwinter season - Building Committee Lia €‘ our ;of 7. Resolutions Assistant Dog Warden Compensation -- b. Contracting for Animal Shelter neetwtrael-W_,, ,-d. Royal Ridge increased water storage Wildwood Sewer District f. Terms of Office Supt. Highway & Town Clerk to set referendum 8. Unfinished Business 9. New Business 10. Adjournment , A Public Hearing was held by the Town Board of the Town of Wappinger on June 1, 1971 at Roy C. Ketcham High School, Myers Corners Road, Wappingers Falls, New York., On the estab-lishment of the Wildwood Sewer District. Supervisor Diehl opened the Hearing at 8:40 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman Harry Holt, Councilman James Mills, Councilman Elaine Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town Mr. Lapar, Engineer tothe Town, was sworn in and was questioned by Mr. Rappleyea, Attorney to the Town, concerning a report prepared by him of Wildwood Sewer District, April 29, 1971. He explained boundaries of the district, who would be served, the type of treatment, benefit units etc. These are all in his r eport filed in the Town Clerk's Office, Mr. Lafko, President of L&A Filtration presented the following letter to the Town Clerk which he wanted read into the minutes: June 1, 1971 Town Board Town of Wappinger Wappingers Falls, N.Y. Att: Louis Diehl, Supervisor Gentlemen: I forward this' letter of record to be included in the minutes of the Public Hearing on Wildwood Sewer District as proposed under Article 12-A. The sewerage disposal plant, land, lines, etc., in fact the entire sewerage disposal facilities as outlined on a map draww by Rudolph Lapar for the purposes of this ppecific Public Hearing, are not for sale to the Town of Wappinger as proposed in the District papers which are the subject of the Public Hearing being conducted this date. Respectfully yours, L&A Filtration Corp. s/ Fred J. Lafko, Pres, -Sec. zoos He then asked about the sum of the contract - for the plant without additional facilities. The sum of $350,000 was quoted as the total maximum estimated cost. Mr. Lafko questioned if this included all lands abutting on streets othar than so called buffer zones. Mr. Lapar said the area included Wildwood 1, 2, 2a, Wildwood Manor Apartments and Green Tree Apartments and the' lands of L&A. The buffer zone was a condition when Wildwood Apartments approval was granted. Mr. Lafko asked Mr. Lapar if it was his intention to leave out property not in buffer zones, but contingent to the same street that the sewer line is in if the Town has contracts with said people that when the district is formed, they will be incorporated into the district. Mr. Rappleyea was not aware of any contracts, but Mr. Lafko said there was a 6 party contract involving the Karas property. Mr. Lafko stated that they had not included all those that should be in the district and he felt there were flaws. Mr. Cortellino, Russ Place, -- at another public hearing for L&A Filtration when the Town contemplated purchase, Mr. Cornell was going to give the lines (portion in Wildwood 2) to the Town for $1.00. Have the lines been turned over, does Mr. Cornell own them or does Mr. Lafko own them, and is this in consideration of the amount of $350,000. Question 2 - the original plot plan for Wildwood 2 was signed off by Mr. Lafko as the original owner of the property. Whose lines and streets are they? Mr. Lafko signed the original plat, did Mr. Cornell purchase it piecemeal? Who owns what, this will dis- play where the costs are. Mr. Rappleyea advised him that orally the lines had been turned over to L&A for $1.00, but that was the extent of his knowledge. The position of the Town is that regardless of what took place, the key here is the cost of the facilities to L&A. The Town has 2 00 a statAory option to purchase the facilities of L&A at its cost less depreciation, a letter from Audit & Control confirms this, and their opinion was that it was the cost at the time of con- struction. He went on to explain that there was an option granted back in April of 1964 and a figure was set at that time of $304,665. and that it was what Mr. Lapar has based his report on. At that time the option also included the sum of $50,000 for estimated losses, but Mr. Rappleyea thought this was now extinct. Donald Brenner, Pearl River, New York, representing Mr. Cornell, challenged the formation of this area and the prior area due to the fact that 2 independent areas do not best represent citizens of this Town. He had prepared a report for the original area which represented a saving to the people. Mr. Cornell, 7 Anvil Court, directed a question to Mr. Rappleyea, had he been apointed as the Attorney for a proposed sewer improve- ment area in this Town? He also asked if Mr. Lapar had been appointed as Engineer to the District. Mr. Cornell claimed it was a conflict of interest as they are employed by the Town. Mr. Rappleyea reiterated this was not so, Mr. Cornell was confusing his titles, Town Attorney with Attorney to the Town, the same with the Engineer. Aside from this, they were not appointed as Attorney or Engineer to the district. Mr. Lapar was delegated to prepare a map and report and Mr. Rappleyea had been designated to do certain work and these improvement areas do not yet exist. Mr. Geis, 17 Quarry Drive --if this should go to court, are they bound by the courts decision as to the amount to be paid for the plant? Mr. McMann, Wildwood Forest --what is the advantage to the residents If this sewer district is formed? Mr. Rappleyea explained it was subject to a permissive referendum, so the people in the area could vote if the Town should own the district or it should remain a private plant. There is presently a restraining order from the courts restraining imposing of rates EtS v 200V above the present $69.30 for billing of same and threatening of cutting off any service for failure to pay bills above the rate. Walter Cronin, 90 Widmer Road, proposed rate of L&A is intolerable and from what he heard presented tonight, it was the most feasible, as far as being a resident and what is fair to residents. It is not fair to throw them into another district without a plant, they have paid for the plant and the lines in the purchase price of the house and he is in favor of this district. Vic Fanuele - is the $120 flat rate, not based on usage? Asked the capacity of the plant and the life span of the plant. Mr. McMann - does this plan include tertiary treatment, what does it cost, what will it cost the taxpayer. Mr. Lapar explained if it was expanded it would not need tertiary treatment, it would cost $50 to $75,000. Fred DiMaria, 5 Split Tree Drive questioned separation of the O&M and amortization on bonding, will amortization be included in present taxes, is it included in $120 per year? Mr. Brenner again spoke and claimed Mr. Lapar's statement that no tertiary treatment was required was nonsense. If the Wildwood Sewer District was formed, it would be a small district and they would have to pay when there was a breakdown, the rate would sky- rocket, further he said the treatment plant would never be per- mitted to discharge into a dry ditch. Gus Tullo - what is the population of the proposed district, what is the estimated gallonage per capita? Isn't expansion right around the corner? Do the figures rely on the apartments being fully rented? If they're not fully rented, will the figure go up? Does this district rule out any possibility of any adjacent area petitioning the Town to join this district? Quiet Acres, he stated would like to join this district so don't rule out expansion - it might be just around the corner. Joe Landolfi, Wildwood Drive, questioned the Engineer's figure,_ of $133.45. Mr. Lafko's original figure was $135, if he wasn't mistaken. Sea 200e Mr. Rappleyea explained that the rate problem was not settled with Mr. Lafko. If the district is approved and acquisition by the Town takes place, you will have a firm rate. He does not know how long it will take to reach an agreement with Mr. Lafko, that is why they went ahead with the public hearing. Mr. Kasparzak - if you agree with Mr. Lafko on the hearing on the rates, would that impact the estimate of the Town in their plan? Mr. Rappleyea explained the one had nothing to do with the other. Being in a district run by a municipality should be more eco- nomical than run by a private owner, first on interest rates, since the Town gets a better rate of interest and secondly on property and school taxes which the Town does not pay. Mr. Whl thought the Town Board should hold a public hearing on a report submitted by Adler & Brenner. Mrs. Charles Cooke - hold a public hearing not only for Wildwood Area but also for people included in other area. Al Rifkin, Wildwood Drive felt the residents should have con- fidence in the Town Board who represents them. He said that although he had been at odds with Mr. Diehl and other members of the Board on several occations, he thought they would do well by the residents. Louis Eck questioned the price of the footage on Mr. Lapar's report and Mr. Brenner's report; Mr. Brenner's report was con- siderably less, but face the facts, he said on paper maybe you can buy a Cadillac car for $4,000, but when you go to buy it, its $8,000. Mr. Cortellino, if we had to go to tertiary treatment, could we afford a larger capacity, could we have more hook-ups. Mr. Lapar said no, not in the basic plant. Mr. Cornell answered Mr. Cortellino's question brought up a while back if he had offered the lines in Wildwood Forest to the Town for the consideration of $1.00, his answer was no. He still owns SOO the line, they have not been promised to anyone for $1.00. Mr. Lafko went into prices of pipe in Mr. Lapar's report. Mr. Lapar's retort was that he included the paving of streets since the Town did not intend to leave the streets unpaved after putting in lines. After heated discussion from Mr. Lafko on prices quoted in Mr. Lapar's report, Mr. Diehl declared the public hearing closed. The Hearing closed at 10:30 P.M. f".:? f (..jisajj2A-A Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF THE ESTABLISHMENT OF THE WILDWOOD SEWER DISTRICT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12-A OF THE TOWN LAW.' STATE OF NEW YORK ) ).ss: COUNTY OF DUTCHESS .) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 20, 1971, your deponent posted a copy of the attached notice of Public Hearing on 'The Estab- lishment of the Wildwood Sewer District, in the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. AFFIDAVIT OF POS TING Elaine H. Snowden Town Clerk Sworn to before me this / day /re/ (_ 1` . / Notary Public 1971. W. and S. D. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING AX7-3724 20 EAST MAIN STREET - WAPPINGERS FALLS At a rneeting of the -Town Board of the Townc4 Wappinger held at the Town Hall ill' the Village of, Wappingers Falls, Dutchess County, New_York, on. the 17th day of May. W71:_ Present: . _t:. Supervisor L.ouls. --: ' DDiehl. • 2. Councilman Louis Clausen • 3__Councitman G. Donald Finnan-''' 4.7 Councilman MarryF: Holt'' S.'counctlma .Jan;tes.MillsJr. Absent .y ,.,: ,,''None••;.44. '' In the Matter of; a Establishment ,, -'`•• of the Wildwood 'Sewer District in the'. • : Town of Wappinger, Dutchess County; 'New Yerk„pursuant-to Article 12-A.,c, . of the Town;Levr d'_ ` > ay::•:; ... „WHEREASaeia ,. ,,, p; plan: and report treve been prepared in such manner'and in . 'such detail as has heretofore been determined'by the Town Board of the Town of Wappinger relating tothe.:Establishment of a proposed Sewer Improvement Area known as the Wildwood $ewer District in the Town of Wappinger, Dutchess County, New York, pursuant to Article 12•A of the Town Law, and WHEREAS said map, plan, and report havebeen duly filed in the Clerk's office of the Town of Wappinger;- and WHEREAS said map, plan, and report were prepared by Rudolph E. La Par, a- - comoPtant anninanr w.d., I:. _. --••-..._v.•-�• �- -- - .•• • AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Beatrice Osten of the n of Wappinger, Dutchess County, New York. g duly sworn, says that he is, and at the sea:: al s hereinafter was, the E'Itor-PuPlis11 =cof & S.D. NEWS, a newspaper printed and published y Thursday in the year in the Town of Wappin 4er. :hest County. New York, and that the assn .; d 'ICE was duly published in the said newspapercane ar week successively 011 1n each wee'A, imencing on the...0ti?t..day of .1`fLt Ii and on the following dates there-ii:er, namely on ending on the 71 both days inclusive. 2othday of May scribed and sworn to before me 2oth day of MOy 19.2,1 commission expires Notary Public ALBERT M. OS T EN NOTARY PUBLIC, STATE OF NEW YOR'i QUALIFIED i"! CIITUBIjSIt:: COL:PIT' #14-S240760 71 COMMISSION EXPINI:6 MA IU I si , ifl .F--