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1969-12-08 RGMAGENDA - TOWN BOARD DECEMBER 8, 1969 1. Supervisor call meeting to order 2. Roll Call 3. Accept Minutes V‘,0c4 CVIL --;po 4. REPORTS OF OFFICERS Historians Supervisor Bills: OKSD OKWD -7 ) 3,0 Report Town Jist Gen Fleetwood Fleetwood 4 61.1 Bldg. Insp. Highway s-,1 WD 1> SD 00 '72 5. PETITIONS & COMMUNICATIONS (3e -E -c -c1-- (TV a. Gerald Steinberg e: Storage of materials & machinery, Edgehill b. M. Leskow requests permission to join "international Asscn of Assessing Officers" c. Request permission for Mrs. Timbo to attend Annual Meeting of the N.Y. State Assessor's Association, Inc. d. Permission for Town Officials & Officers to attend Annual Association of Towns Meeting - Feb. 9th-llth. Designate Representative and Alternate to attend annual meeting.-Pdr,..,,,, ! e. Letter from Planning Board re: Maps accompanying rezoning Petitions f. Summons and complaint Alice Horton Plaintive g. Notice of Claim Edith & Frank Mears Claimants h. Letters from Chelsea and Hughsonville area Residents - Riverdale i. 2 Letters from Quinn & Reilly re: renewals of Bond Anticipation notes - Oakwood Water and Sewer j. Letters from Planning Board - 1. re: petition of Stephen Shapiro! 2. re: Petition of Crimswal REalty Corp. 3. Petition of Herbert Stenger k. Recommendation from Dutchess County Dept. of Planning re: Stenger 1. Rezoning Petition - S. J. Reynolds m. Rezoning Petition - Joseph W. Emsley, Jr. n. Set date for Annual Audit Meeting (between Dec. 28th & 31st) o. Set date for Reorganizational Meeting p. F. Lafko re: Atlas Water Works q. J. 'Fulton, J. Incoronado, & C. Cortellina re: 1. Water Law 2. Hill Top water works 3. Sanitary landfill R as. 6. REPORTS OF COMMITTEES yin RFSD 'Do '.2 7.RES0LUTI0NS Transfers -- aruk coc Steps" - 8. UNFINISHED BUSINESS s ,\1) ijkac_u_su, - 9. NEW BUSINESS 1)q 10. ADJOURNMENT 0 coL 480 The Regular Meeting_of the Town Board of the Town of Wappinger was held December 8, 1969, at,the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:10 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald,Finnan, Councilman Leonce Heady, Councilman James Mills, Councilman Others Present: William Horton, Superintendent of Highways Rudolph Lapar, Engineer to the Town MR. FINNAN moved the acceptance of the Minutes of the Regular Meeting of Oct. 13, Special Meeting of Oct. 30, Regular Meeting of Nov. 10, Special, Nov. 20, as submitted by the Town Clerk be and they hereby are approved. Seconded by Mr. Clausen. Motion Unanimously Carried Bills for the month of November were presented for ciayment as follows: General Fund: Highway, Fund: MR. MILLS moved Mr. Finnan,. $31690.;54 5,898.46 the bills be paid, OKSD: $239.12 F1.Wt t OKWD: 177.30 F1.BD: RFSD: 370.60' subject to audit. Seconded by $119.15 170.96 Motion Unanimously Carried Mrs. Dorothy Alsdorf, Town Historian, gave the following report: ANNUAL REPORT TO TOWN BOARD, TOWN OF WAPPINGER. A .gratifying year in that much irifOrma'tion, regarding our past has been acquired, much has been placed in the Grinnell Library where it is available to the public and several projects are" underway in which your historian is involved.` Amoncg these are the '71 Committee to plan the Centennial Celebration of Wappingers Falls, the only incorporated village within the township; the Committee to restore and rehabilitate the upper roods in the Brewer- Mesier House. Your historian is Chairman of this Committee. In conjunction-w:ith i the' Landmark Society, I am working on an inventory of old houses, other buildings and sites of historic interest or of architectural value within the Town of Wappinger. All of.this goes on record in our historians' files' When completed, this, too, will be placed in Grinnell Library. To do research and - keep the findings hidden away in a file is worthless. The informa- tion needs to be made available to all. To encourage young people to become interested in and to work in the field of local history, your historian is still involved in the Yorkers. At this point, your historian is working with Mrs. Richard Schmalz to,formla Yorker Group to be sponsored by the local Historical Society. Assistance has been given to several people from a distance, in helping them to trace their ancestry. A local resident was able, through direction from your historian, to enter the organization of the DAR. At present, the families of Baher and Allen are being studied to assist an historian in the Town of Chester in Warren County. Attended meting of Landmark Society at Marist College in the spring and 4f the New York State Commission ,of Road Beautifica- tion held at Ho el Thayer, West Point. Colnducted 4 tour of sections of Wappingers Falls and Town of Wappinger for s me of the officers of the Landmark Society. Maintaining sc p book of news paper items pertinent to Town of Wappinger. Through th alertness of our Highway Superintendent, William Horton, the dis overy was made of an almost obsolete item -.a watering trough for horses. This is shaped from stone and is located on the reek Road. Procedures to save this item have been started. Regarding cO.ur Pre-Revolutionary Cemetery at Middlebush, Mr. porton xepprts to me that dead trees have been cut and removed as have brush and wee a along with all trash and rubbish which has found its way tcb. that site. The Highway Crew deserve much credit for the interest they have taken in this project. They have stored and labeled bits and pieces of broken headstones. As time is avall- able to them, these will be replaced in correct locations. From Dr. Louis L. Tucker, our Director and the Assistant Commissioner of Education in Albany has come a message announcing the Bicentennial of the American Revolution. Dr. Tucker urges all historians to cooperate with their county representative on the program for celebrating the Becentennial, of the American Revolution. This, I believe, will bring the Town Board members and the citizens of the Town of Wappinger up to date on what their Historian has been doing for the past year. Many thanks for the opportunity to have served you in this' office. Respectfully submitted, s/ Dorothy B. Alsdorf Town Historian, Town of Wappinger Mx. Diehl and Mx Mills,extended their congratulations to Mrs. Alsdorf and commended her on her most active and successful two years as Town Historian, and also Mr. William Horton for the assistance he has given Mrs. Alsdorf. 4 The Supervisors, Town Justices and Building Inspector reports for the month of November were received. MR. CLAUSEN moved the reports be accepted and placed on file. Seconded by Mr. Mills. Motion Unanimously Carried The Clerk informed the Board that Mr. Eck had filed a petition with her requesting that such Resolution adopted by the Town Board of the Town of Wappinger on the 10th day of November, 1969, pertaining to the purchase and acquisition of park land situate on All Angels Hill Road, Town of Wappinger, Dutchess County, New York from Alexander & Klein, be submitted to the qualified electors of said Town at a special Town Election for their approval or disapproval. The petition had been signed by approximately 700 residents of the Town of Wappinger. The letter accompanying the petition is as follows: December 8, 1969 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen: I herewith submit a petition to the Town Board of Wappinger con- taining approximately seven hundred (7))) names of taxpayers of Wappingers Falls upon a proposition whether to approve or dis- approve purchase of a parcel of land for recreation situate on All Angel Hills Road, Town of Wappinger from Alexander & Klein, the reputed owner. The land contains 52+ acres of land. Please advise the writer, when you propose to have a referendum on the foregoing proposition. Very truly yours, s/ Louis Eck MR. FINNAN moved that the subject petition be referred to the Attorney to the Town to prepare a resolution for holding a referen- dum. Seconded by Mr. Clausen. Motion Unanimously Carried MR. HEADY moved the rules be suspended, seconded by Mr. Finnan and carried to permit Mr. Eck to speak in reference to the petition for a referendum. o5*- 1IR.•, MILLS moved the rules be resumed, seconded by Mr. Heady and carried. A letter was received from Mr. Gerald Steinberg, President Edge Hill Manor Civic Association, noting concern of this developments' residents regarding a vacant lot which appears to be becoming a storage spot for the Towns' heavy road equipment and gravel from the street sweep- ings; and, it has been reportedly used by a private developer. They wish this matter to be investigated. MR. DIEHL moved that Mr. Steinbergs' letter be referred to Mr. Ludewig and Mr. Horton for their investigation, and report to the Board. Seconded by Mr. Clausen. Motion Unanimously Carried A letter was received from Martin Leskow, Chairman of the Board of Assessors, requesting permission to join " The International Associa- tion of Assessing Officers", the dues would be $20. per year. MR. HEADY moved that Mr. Leskow be granted permission to join the Association and that the $20 dues becom a Town charge. Seconded by Mr. Mills. Motion Unanimously Carried Martin Leskow, Chairman of the Assessors requested permission for Mrs. Gladys Timbo, Clerkof the Board of the Assessors, to attend the annual meeting of the New York State Assessors Association, Inc. Jan. llth through Jan. 14, 1970 in Syracuse, N.Y. MR. CLAUSEN moved that Mrs. Timbo be granted permission to attend the annual meeting in Syracuse, and that her legitimate expenses be a Town charge. Seconded by Mr. Finnan. Motion Unanimously Carried Notification of the date for the annual meeting of the Association of Towns was received. MR. FINNAN moved that permission be granted to any Town Officer, Official or employee wishing to attend the annual Association of Towns' meeting, Feb. 9, 10, 11, and that their legitimate expenses be a Town charge. Seconded by Mr. Mills. Motion Unanimously Carried Mr. Diehl noted that there would be a Narcotics Council Seminar in Albany in the near future. MR. DIEHL moved that permission be granted any member of the Narcotics Council wishing to attend this seminar, and that their legitimate expenses be a town charge. Seconded by Mr. Clausen. Motion Unanimously Carried A letter was received from the Planning Board requesting that the Town Board require an accurate map, showing the property for which a change in zoning is sought, accompany all rezoning petitions submitted to the Town Board for consideration. MR. CLAUSEN moved that this letter from the Planning Board be received and placed on file. Seconded by Mr. Heady. Motion Unanimously Carried The Clerk notified the Board that she had been served on Nov. 12, 1969, with a Summons & Complaint of Alice Horton, Plaintiff vs. Reginald H. Edwards and Kenne L. Edwards, his wife. Sarah P. Taylor, Helen L. Lynch, Megtam Realty and Madison Forde and Sarah Forde, husband and wife, The People of the State of New York, the Government of the United States of America, the Town of Fishkill and the Town of Wappinger, defendants. MR. HEADY moved that the above mentioned summons and complaint be turned over to Allan E. Rappleyea, Attorney, to answer the complaint, on behalf of the Town of Wappinger. Seconded by Mr. Mills.. Motion Unanimously Carried The Clerk notified the Board that she had been served with a notice of Claim on Nov. 26, 1969 to Hughsonville Fire District, Hughsonville Fire Company and the Town of Wappinger, Louis Diehl, Supervisor and Elaine H. Snowden, Town Clerk, Claimants, Edith and Frank Mears. Claimant states Edith Mears was caused to fall on the dance floor of the Knights of Columbus Hall, East Main St. Wappingers Falls, New York, on August 30, 1969. 1111 11 GA)MP �w MR. CLAUSEN moved the Notice of Claim of Edith Mears be referred to the Insurance Carrier for the Town, and the Attorney to the Town. Seconded by Mr. Finnan. Motion Unanimously Carried Letters received by resident taxpayers from the Hughsonville, Chelsea area regarding the Riverdale Apartment project (all copies of news releases they had distributed to local papers.) MR. HEADY moved these letters be received and placed on file. Seconded by Mr. Clausen. Motion Unanimously Carried The following letter was received : November 30, 1969 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York Re: $38,500.00 Bond Anticipation Renewal Note No. 3 - 1969 to Finance the acquisition, reconstruction etc. of water supply system for Oakwood Knolls Water District (Bond Resolution of October 9, 1967 Gentlemen: Kindly be advised that we have examined into the validity of the $38,500.00 Bond Anticipation Renewal Note No. 3-1969, made by the Town of Wappinger, Dutchess County, New York, dated November 30, 1969, which note bears interest at the rate of 5.85% per annum, and matures November 30, 1970 and is payable at maturity with interest, with prepayment privilege reserved. In this connection, we have made an examination of the Constitution and the related statutes of the State of .New York and all papers and proceedings of your board and other instruments authorizing and relating to the issuance of said note. We have also examined the form of the note and the bond anticipation renewal note certificate. _ It is our opinion that the above captioned bond anticipation renewal note has been authorized and issued in accordance with the pertinent provisions of the Constitution and the related statutes of the State of New York, and that the note constitutes a valid and legally binding general obligation of your Town, and that all of the taxable real property within the Town of Wappinger is subject to the levy of ad valorem taxes to pay the principal of and the interest on said note without limitation as to rate or amount. Very truly yours, s/ Joseph D. Quinn, Jr. r� November 30, 1969 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, N.Y. Re: $54,000.00 Bond Anticipation Renewal Note No. 3 - 1969, to Finance the acquisition, recon- struction, etc. of sewer facilities for the Oakwood Knolls Sewer District, (Bond Resolution of October 9, 1967) Gentlemen: Kindly be advised that we have examined into the validity of the $54,000.00 Bond Anticipation Renewal Note No. 3 - 1969, made by the Town of Wappinger, Dutchess County, New York, dated November 30, 1969, which note bears interest at the rate of 6.35% per annum, and matures on November 30, 1970, and is payable at maturity with interest, with prepayment privilege reserved. In this connection, we have made an examination of the Constitution and the related statutes of the State of New York arld all papers and proceedings of your board and other instruments authorizing and relating to the issuance of said note. We have also examined the form of the note and the bond anticipation renewal note certificate. It is our opinion that the above captioned bond anticipation renewal note has been authorized and issued in accordance with the pertinent provisions of the Constitution and the related statutes of the State of New York, and that the note constitutes a valid and legally binding general obligation of your Town, and that all of the taxable real property within the Town of Wappinger is subject to the levy of ad valorem taxes to pay the principal and the interest on said note without limitation as to rate or amount. Very truly yours, s/ Joseph D. Quinn, Jr. MR. CLAUSEN moved these letters be received and placed on file. Seconded by Mr. Finnan. Motion Unanimously Carried The following letter was received from the Planning Board: November 28, 1969 Town Board Town of Wappinger Mill Street Wappingers Falls, New York Re: Petition of Stephen M. Shapiro for rezoning of his property located off Myers Corners Road adjacent to Oakwood Knolls, Sec. 1, development & containing approx. 60.42 acres from R-20 to Rd -20. Gentlemen: In reference to the above rezoning petition, the ,Planning Board has received a letter from Mr. Shapiro requesting this his petition be withdrawn. The Planning Board feels that this letter should have been addressed to the Town Board, since the applica- tion was made to the Town Board; therefore, we are herewith forwarding said letter to you. In view of the above, the Planning Board has no recommendation to make regarding the rezoning petition of Stephen M. Shapiro. Yours very truly, s/ Robert Y. Heisler, Chairman Town of Wappinger Planning Board MR. CLAUSEN moved this letter be received and placed on file. Seconded by Mr. Mills. Motion Unanimously Carried The Town of Wappinger Planning Board recommendation on the rezoning petition of Crimswal Realty was received. MR. MILLS moved that the Planning Board recommendation be received and placed on .file. Seconded by Mr. Clausen. Motion Unanimously Carried The Town Planning Board and the Dutchess County Department of Planning recommendations on the rezoning petition of Herbert Stenger was received. MR. CLAUSEN moved that the Planning Board and the County Department of Planning recommendations be received and placed on file.. Seconded by Mr. Finnan. Motion Unanimously Carried Rezoning petitions were received from S. J. Reynolds and Joseph W. Emsley, Jr. Mr. Reynolds requests the whole of his property, known as the Hub Farm; zoned from RD -20, R-40, R-20, GI, & AI to GI. Mr. Emsley requests his 7 acres zoned presently R-40 rezoned to GI. His property is entirely within that of the S. J. Reynolds Farm. MR. CLAUSEN moved that both the S. J. Reynolds and Emsley petitions be referred to the Dutchess County Department of Planning and the Town of Wappinger Planning Board for their reveiw and recommendation. Seconded by Mr. Mills. Motion Unanimously Carried 48 MR. MILLS moved that the date of December 29, 1969, at 7:00 P.M. be set for the annual Audit meeting, and any other business that may properly come before the Board. Seconded by Mr. Clausen. Motion Unanimously Carried MR. FINNAN moved that the date of the Reorganizational Meeting be set for Jan. 5, 1970, at 7:00 P.M. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Fred Lafko had requested to be placed on the agenda to speak. He directed his first question to Mr. Rappleyea; he asked Mr. Rappleyea, since he attended the Water Resources Hearing on Hilltop Water Works, what is the position of the Town Board as to continuing on with the next hearing and what would his legal advice be. Mr. Rappleyea answered that that was a question only the Town Board could ask him. Continuing, Mr. Lafko asked Mr. Diehl what advice the Attorney had given the Board in view of the position the Board has taken, i. e. awaiting the Water Resources Commissions' decision. Mr. Diehl stated that Mr. Rappleyea hasn't given any advice because the Board hadn't asked for any. The Board will act after the Water Resources Commission acts. Continuing, Mr. Lafko said if the Town is moving illegally.; the Board cannot sit and neglect the law - the inaction of the Board is an action, therefore, illegal. By the Board taking the position it is, is placing the Town in the position of not paying attention to its own statutes. Mr. Fulton had also requested to speak before the Board. He stated that in view of the previous answers given to Mr. Lafko, he didn't have any questions, adding, however, that the Board should be aware of the fact that there is a violation of the law. He felt that the decision of Water Resources had no bearing whatsoever on the decision of the Town Board. Mr. Incoronato had requested to speak before the Board. He brought up the statement made by Richard Barger, consulting engineer to Hilltop Water, at the Water Resources hearing, to the effect that the lines had been laid illegally, and they were pumping water to Cogar illegally. He contends that there was noting in the Local Water Law that says that a Water Resources Commission Hearing has to be concluded before the Board can act, there is a "de facto" violation of the law, why hasn't the Town acted on the application. Charles Cortellino had requested to speak before the Board. His question was similar to Mr. Incoronato's, why the delay? Presumably the Town water law isn't in conflict with any other Federal, State or County laws, therefore, you can work under your own law. What information can the Board possible be waiting for that would not allow them to act before a decision. Secondly, is there a franchised area from another water works that encompasses the east side of All Angels Hill Rd? If it does, why is another water works serving Cogars? Mr. Clausen, on Committee reports, stated that as a result of the last meeting with the Highway Committee, town residents and County Rep. Robert L'Archevesque, it was agreed that there should be a meeting held with officials from the New York State Depart of Trans- portation on the speed limits for Myers Corners Rd. specifically and the whole town generally. This meeting will take place in the near future. The following resolutions were offered by MR. MILLS, who moved their adoption: WHEREAS, the Acct. #606 (Compensation Insurance) has been overexpended and overdrawn by the sum of $236.47, BE IT RESOLVED, that the Supervisor be authorized to transfer $236.47 from Acct. #608 (Fire & Liability -Town Wide) to Acct. #606 in order to eliminate the overdraft and reimburse said account. WHEREAS, the Acct. #707 (Supervisor's Office -Office & Other Expenses) Has been overexpended and overdrawn by the sum of $11.15, BE IT RESOLVED, that the Supervisor be authorized to transfer $11.15 from Acct. #1208 (Expenses -Assoc. of Towns) to Acct. #707 in order to eliminate the overdraft and reimburse said account. I/ 490 J' WHEREAS; the Acct. #710 (Justice of the Peace -Office & Other Expenses) has been overexpended and overdrawn by the sum of $169.99, BE IT RESOLVED, that the Supervisor be authorized to transfer $169.99 from Acct. #1208 (Expenses -Association of Towns) to Acct. #710 in order to eliminate the overdraft and reimburse said account. WHEREAS, the Acct. #811 (Tax Collector -Office & Other Expenses) has been overexpended and overdrawn by the sum of $85.50, BE IT RESOLVED, that the Supervisor be authorized to transfer $85.50 from Acct. #812 (Tax Collector -Compensation of Employees) to Acct. #811, in order to eliminate the overdraft and reimburse said account. WHEREAS, the Acct. #1207 (Dues -Association of Towns) has been overexpended and overdrawn by the sum of $58.50, BE IT RESOLVED, that the Supervisor be authorized to transfer $58.50 from Acct. #1208 (Expenses -Association of Towns) to Acct. # 1207, in order to eliminate the overdraft and reimburse said account. WHEREAS, the Acct. #901 (Dog Warden) has been overexpended and overdrawn by the sum of $10.00, BE IT RESOLVED, that the Supervisor be authorized to transfer the sum of $600.00. from Acct. #1202 (Contingency -Town Wide) to Acct. #901, in order to eliminate the overdraft and reimburse said account in order to meet bills presented from now to end of year. WHEREAS, the Acct. #908 (Constables -Mileage & Other Expenses) has been overexpended and overdrawn by the sum of $95.30, BE IT RESOLVED, that the Supervisor be authorized to transfer the sum of $145.30 from Acct. #909 (Civil Defense) to Acct. #908, in order to eliminate the overdraft and reimburse said account in order to meet bills presented from now to end of year. WHEREAS, the Acct. #1312 (Refuse & Garbage -Part Town) has been overexpended and overdrawn by the sum of $3,672.53, BE IT RESOLVED, that the Supervisor be authorized to transfer the sum of $10,000.00 from Surplus money from County Mortgage Tax to Acct. #1312, in order to eliminate the overdraft and reimburse said account in order to meet bills presented from now to end of year. WHEREAS, the Acct. #1001 ( Parks & Playgrounds -Compensation of Employees) has been overexpended and overdrawn by the sum of $19.25, BE IT RESOLVED, that the Supervisor be authorized to transfer the sum of $19.25 from Acct. #1202 (Contingency -Town Wide) to Acct. #1001, in order to eliminate the overdraft and reimburse said account, 1) - WHEREAS , the Acct. #1002 (Parks & Playgrounds - Other Expenses) has been overexpended and overdrawn by the sum of $113.18, BE IT RESOLVED, that the Supervisor be authorized to transfer the sum of $113.18 from Acct. #1202 (Contingency -Town Wide) to Acct. #1002, in order to eliminate the overdraft and reimburse said account. Seconded by: Mr. Clausen Roll Call Vote: Supervisor Diehl Ave Councilman Clausen Ave Councilman Finnan Ave Councilman Heady Aye Councilman Mills Ave MR. MILLS moved that the Clerk address a letter to all Town Department Heads requesting them to have all outstanding bills in before Dec. 29, 1969, so they may be presented to the Board for audit. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Finnan commended the Supervisors' office for the fine statement report on the financial standings of the accounts. RESOLUTION AUTHORIZING THE ISSUANCE OF $750 CAPITAL NOTES AND $14,250 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE AND INSTALLATION OF TRAFFIC SIGNS AND TRAFFIC SIGN SUPPORTS TO BE INSTALLED IN SAID TOWN. The following resolution was offered by COUNCILMAN MILLS, who moved its adoption: BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The specific object or purpose of the Town of Wappinger, Dutchess County, New York, for which the bonds herein authorized to be issued is the purchase and installation of traffic signs and traffic sign supports, including incidental expenses, to be installed in various places of said Town. Section 2. The maximum estimated cost of the aforesaid specific object or purpose is $15,000 and the plan for the financing thereof is as follows: A) By the issuance of $750 capital notes of said Town, hereby authorized to be issued pursuant to the Local Finance Law. All further powers in connection with the details and sale of said capital notes are hereby delegated to the Supervisor of said Town, the chief fiscal officer; and b) By the issuance of $14,250 serial bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law. 4 9 2 Section 3. It is hereby determined that the period of prob- able usefulness of the aforesaid specific object or purpose is ten years pursuant to subdivision 72 (b) paragraph a of Section 11.00 of the Local Finance Law, and that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The aforesaid capital notes will be used prior to the issuance of such bonds or any bond anticipation notes, and shall constitute the down payment required by Section 107.00 of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the samebecome due and payable. An annual appropriation shall be made in, each year sufficient to pay the principal of and interest on such obligations as the same become due and payable. There shall be annually levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payakile. Section 6. 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 of said Town, the chief 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, con- sistent with the provisions of the Local Finance Law. Section 7. The validity of such obligations may be contested only if: 1) Such obligations are 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 such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. Upon this resolution taking effect, it shall be published in full in W&SD News, the official newspaper, together with the notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 9. The resolution contained herein is adopted subject to a permissive referendum. Seconded by: Mr. Clausen Roll Call Vote: ( Supervisor Diehl Ave Councilman Clausen Aye Councilman Finnan Aye Councilman Heady Ave Councilman Mills Ave RESOLUTION AUTHORIZING THE PURCHASE OF A HIGHWAY TRUCK WITH RELATED ,,,EQUIPMENT FOR USE BY THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK AT A MAXI_ MUM COST OF $26,000 AND AUTHORIZING THE ISSUANCE OF $26,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. The following ordinance was introduced byCOUNCILMAN CLAUSEN who moved its adoption: BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The purchase of a highway truck for use by the Town of Wappinger, Dutchess County, New York, including plow and sander, and other related equipment is hereby authorized at a maximum estimated cost of $26,000. Section 2. The plan for the financing of the aforesaid speci- fic object or purpose is the issuance of $26,000 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. theaforesaid specific object or purpose is five years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maxi- mum maturity of the bonds herein authorized will not exceed five years. Section 4. The faith and credit of said Town of Wappinger, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds as the same become due and payable. There shallbe annually levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on said bonds as the same become due and payable. 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 of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner as may be pre- scribed by said. Supervisor, consistent with the provisions of the Local Finance Law. if: Section 6. The validity of such bonds may be contested only 1). Such bonds are 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 such publication, or ,' 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, will be published in full in the W&SD News, 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 the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Roll Call Vote: Supervisor Diehl Ave Councilman Clausen Ave Councilman Finnan Ave Councilman Heady Ave Councilman Mills Ave AN ORDINANCE AMENDING THE TOWN OF WAPPINGER ORDENANCE FOR ADMINISTERING AND ENFORCING THE STATE BUILDING CONSTRUCTION CODE The following ordinance was introduced. by COUNCILMAN CLAUSEN who moved its adoption: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I Section II of the Town of Wappinger Ordinance for Administering and Enforcing the State Building Construction Code is hereby amended to read as follows: Section II. Building Permit Fees Upon the filing of an application for a demolition permit or a building permit, the following fees shall be payable: Demolition Costing up to $1,000 Costing over $1,000 $2.00 5.00 Alterations & Repairs Costing up to $200 0 Costing over $200 up to $500 2.00 Costing over $500 up to $1,000 3.00 For each $1,000 thereafter 2.00 For Building Permits Estimated Value of Construction: Up to $1,000 - minimum fee For each additional $1,000 �r fraction thereof, up to $15,000 For each additional $1,000 or fraction thereof, up to $50,000 For each adiitional $1,000 or fraction thereof, exceeding $50,000 5.00 2.00 1.00 1.00 All applications which include the installation of plumbing fix- tures shall include a charge for each of the following fixtures at the rate of $3.00 per fixture. Said charges shall be made whether or not the fixture is included in new construction or in 494A4 i I I -- "a renovation: Shower Lavatory Toilet Urinal Kitchen Sink Utility or Mop Sink Laundry Tray Automatic Washer Bath Tub Water Heater Drinking Fountain Pump Grease Trap Floor Drain Sewer In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded.. Section 2 This Ordinance shall take effect immediately upon adoption, posting and publication as provided by town law. Seconded by: Councilman Mills MR. CLAUSEN moved that a Public Hearing on the Plumbing Code be set for December 29, 1969 at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Seconded by Mr. Finnan. Motion Unanimously Carried MR. MILLS moved the rules be suspended, seconded by Mr. Clausen, and carried. Mr. Cortellino asked, in relation to Building Permit fee refunds, about penalties if construction is started prior to obtaining a Building Permit. MR. heady moved the rules be resumed, seconded by Mr. Mills and carried. Mr. Diehl had a letter before him from the State of New York Conservation Dept., Division of Water Resources (which was addressed to Robert Heisler, Charman of the Planning Board). One paragraph states that the United States Geological Survey has the authority to undertake studies to assess ground water availability in any given area. Any city, county, town, or village can request such a study 50% of the costare borne by the locality and the Federal Government will pay the remaining 50%. MR. DIEHL moved that the Town Clerk immediately contact the authorities here (the U.S. Geological Survey) in regard to the cost to undertake such a study, the time needed, and to request an immediate reply. Also, inform Robert Heisler, Chairman of the Town Planning Board of this action. Seconded by Mr. Finnan. Motion Unanimously Carried RESOLUTION REQUESTING PLANNING BOARD - TO AWAIT REPORT OF. UNITED STATES GEOLOGICAL SERVICES REGARDING WATER SUPPLIES. The following resolution was introduced by SUPERVISOR DIEHL, who moved its adoption: WHEREAS, the United States Geological Department will conduct surveys of available water supplies, and WHEREAS, the Town of Wappinger has requested the said United States Geological Department to conduct a survey of available water supplies in the Hughsonville-Chelses area, and WHEREAS, there are presently pending site plan and special permit applications before the Town Planning Board which indicate that large amounts of water may be required to sustain the said contemplated structures, now therefore BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby requests, the Town of Wappinger Planning Board to withhold any action upon such applications until the receipt of the report of the United States Geological Department by the Town of Wappinger regarding the availability of water in underground storage areas in the Hughsonville-Chelsea area of the Town of Wappinger. Seconded by: Councilman Finnan Roll Call Vote: Supervisor Diehl Ave Councilman Clausen Ave Councilman -Finnan Ave Councilman Heady Ave Councilman Mills Ave Mr. Diehl commendted that if everything is acceptable here, it may even be possible to go further into the Town in the same category (ground water surveys) but at present the Chelsea-Hugh- sonville area is the area the Board is interested in. MR. CLAUSEN moved the rules be suspended, seconded by Mr. Heady, and carried. Mr. Eck stated that with the water from Schueles' and his water works, ; there would be enough water to supply the whole town, then the. Town wouldn't have to spend the taxpayers':money.to have a survey done to find out if there was any water in the area. Y1 ,: Mr. Cornell commented that the Board doesn't give the public the right to speak about the spending of monies before resolutions are passed.- Maybe someone might present facts that the Board wasn't aware of. Mr. Diehl countered that, first Mr. Cornell was being given the opportunity to speak,_ and further, no monies were being spent by the passage of the last resolution. Mr. Brancato asked whether or not, assuming the report comes back that the volume of water is questionable, and since the developer has expended monies for the property, engineers plans etc., and is operating under the law, under the density and under the Towns' zoning lawsi does the Board have the legal right to stop him from construction without the Town having to defend a law suit? MR. MILLS moved the rules be resumed, seconded by Mr. Finnan and carried. Two bids had been received and opened on December 5, 1969 for clean fill for the sanitary landfill. The first bid was from Camelot Sand, Stone & Gravel Co. Inc. - ,10,000 cubic yards of clean fill for $16,500.00; the second bid was from P&O Sand and Gravel - 10,000 cubic yards of clean fill for $12,500.00 Mr. Horton, Highway Superintendent, recommended that, since only two bids were received, the Town rebid for the fill. MR. CLAUSEN moved the rules be suspended, seconded by Mr. Heady. Mr. Lafko asked if the Board was aware that there were thousands of yards, of gravel available within a thousand feet of the landfill site. Mr. Cortellino_asked about fill that would be excavated in the process of -digging pits. Mr. Diehl stated that there was no excavation due to ground water levels. Mr. Lafko asked what the Town was doing with the topsoil being stripped. Mr. Horton replied there was no stripping being done. MR. CLAUSEN moved the rules be resumed, seconded by Mr. Mills and carried. MR. CLAUSEN moved the recommendation of the Highway Superintendent to rebid for clean fill for the sanitary landfill, be accepted. Seconded.by Mr. Mills. The following letter was received: Motion Unanimously Carried December 4, 1969 Dear Supervisor Diehl and 1Town Board Members: ' We would like to bring the Town Boards' attention to a matter we feel needs prompt attention. As residents of Diddell Road, faced with the possibility of a dog kennel in our resi- dential neighborhood, we feel that the zoning amendment concern- ing dog kennels should be clarified. Your amendment states that a dog kennel may be located in an RD -40 residential neighborhood if 10 acres of land are owned. There is no reference to how close to the neighbor's property. There is no reference to just where on this ten acres i -t can be located. We would like this clarified. A dog kennel in a residential neighborhood creates a public nuieance by the dog's barking, the odor and the traffic coming in and out. The Town of LaGrange directly bordering on the upper part of Diddell Road does not permit dog kennels in a residential area. Your prompt attention is needed because the Planning Board has set a hearing on this kennel on Dec. 15th. We feel that this zoning amendment should be revised so that the residents and taxpayers have some protection. Thank you. Sincerely yours: s/ Mrs. John Helmeyer Angela T. Banno Lawrence G. Banno Mars. Donald Corbin Mrs. William Egan Mr. Diehl asked the Clerk to forward copies of this letter to the Planning Board and Mr. Ludewig, Zoning Administrator. An application for permit to excavate fill was received from Howard Prager, Jr. and Stephen Ossenkop of P&O Sand and Gravel, MR. CLAUSEN moved that the petition to excavate fill be referred to the Attorney to the Town, Engineer to the Town, and Mr. Ludewig, Building Inspector. Seconded by Mr. Mills. Motion Unanimously Carried. .��_ ..__ Diehl; at this point_ noting that Mr. Heady would not be present at the last Board meeting on the 29th, and from, thence on, not be a member of the Board, stated that his advice, knowledge and presence will certainly be missed, and congratulated him on a job well done. The remaining Board members echoed Mr. Diehls' sentiments. Mr. Mills, noting the presence of Mr. Vincent Brancato, stated that perhaps the Board should clarify the point of Jekoce Acres. It is his opinion, and probably that of the Board, that the figure of $400,000.00 is too expensive, at this time, and the Board isn't interested in purchasing the property , and Thursday night, the Recreation Commission stated that they weren't interested either. Mr. Brancato asked whether the deciding factor was the cost, adding that he had suggested a reappraisal to the Board of Trustees of Jekoce. Mr. Clausen questioned the ownership of the lake, adjacent to the swimming area. Mr. Brancato said that according to the deed read to him, all the rights and interests of the seller passed over to the purchaser (Jekoce), - the seller relinquishes his rights to the lake. Mr. Lapar clarified a comment of Mr. Mills regarding ownership of the lake - the statement made by the gentleman showing the property to the Town Board was that Jekoce did not own the lake. Mr. Eck asked if Mr. Rappleyea could, at this time, validate the petitions submitted for a Referendum, so the Board could set the date for the vote. Mr. Rappleyea stated that at instant perusal they appeared on the facevalid, but the Town Clerk will have to prepare a proposition to submit to the Board, upon which is based a resolution for submission of the question to the voters. William Vrooman asked the Board if there were any immediate plans for the Town recreation land on Robinson Lane. Why is the Board looking for additional land when this property is already available, can't the money be spent at this site ratkr than onother properties. Mr. Clausen commented that the Town would need more recreational 0 Q' • 3 property for future development. According to the Dutchess County 1 990 plan, the Town was way below the estimated needs as far as recreational facilities were concerned. Mr. Cornell asked the Board to rescind the resolution calling for the purchase of the All Angels property with State and Federal funds. He contends the Town should proceed to purchase recreation land with Town money so it would be available only for Town residents. Mr. Incoronato mentioned the fact that most municipalities require 10% of developments for recreational purposes, Wappinger only re- quires 5%. Again, no land is required from apartment complexes. He has written to both the Planning Board and the Recreation Commis- sion suggesting requirements be changed. It appears to him to be compounding the recreation problem, not to acquire more land in this fashion. He mentioned also that it is recommended that zoning be revised every 5 years, it's been 7 years since the inception of zoning in Wappinger, thereby obviously past due for updating. Mr. Lafko again brought up the subject of gravel at the landfill site. He repeatedly said that gravel was on the property that the County leased to the Town, why didn't the Town use it, he contends the Town has the right to use it. Mr. Diehl stated that the Town was operating under the Dutchess County Health Laws and the recom- mendation of Mr. Horton who is in charge of the operation and the agreement between the Town and County. Mr. Cronin asked about apartment owners being allowed to install sewer plants and turning them over to the Town if and when the Town establishes a sewer area. Mr. Incoronato suggested that a committee be established for the Board to negotiate for the use or purchase of landfill, that is, 1,000 feet away for the landfill operation. Mr. Diehl asked Mr. Heady and Mr. Clausen, Landfill Committee to investigate Mr. Incoronato's suggestion. 2, MR. HEADY moved the meeting be adjourned, seconded by Mr. Clausen and carried. Meeting adjourned at 10:30 P.M. Reg. Mtg 12/8/69 S-1-€1,JALt., Elaine H. Snowden Town Clerk WARRANT To , Supervisor Town of Wr , County of , New York. The following claims, having been presented to the Town Board of the Town of 11Dlett.1l�i , and duly audited and allowed at a meeting thereof held on the .atk-..day of blicellbet , 1969 , 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 1117 Allen E. *apple's* 1118 Rudolph E. Leper AMOUNT FUND OR ALLOWED ACCOUNT 611•271•67 1308.208.33 604.30.00 1303.700.00 500.00 750.00 OTHER INFORMATION 1119 Treacle Blew,' 120.00 506 1209.1191,6' 1120 Slops -Willes 1375.00 1210-183.33 1121 Jamb t;Metme s 36.6© 1409 1122 Cssta Cleaning Cestr. 123.00 509 1123 Dorothy 1, Aledeerf 50.00 1010 1124 Dales J. Scalso 4.85 908 1125 Artieer w. Waddle 3.50 908 1126 Jams T. llssris. 323.60 901 1127 " a 81..23 508 1128 Debert lfydalany 3000.00 vk. 1312 1129 I *am 1 imilly 223. 1309 1130 I " 223. 1310 1131 I Cant sal Hadao 100.6 508 1132 I YLrc-sress.r i 6s.e>I. 1380.00 1201 1133 I indelpli It. Leper 1000.00 1201 1134 I Mortis Lamer 9.31 803 1139 I Central Nods= 460. 910 1136 I 8.10 912 1137 I Z.s+oer Corp. 92.00 509 5 523.00 1138 227.60 509-202.60 1139 1. N. Liagm, Inc. 419.20 508 In Witness Whereof, I have hereunto set my hand and the Seal of the Town of Waffling" e4r ------- ------ - 1969 .......... Town Clerk this Blit day of Dem [SEAL] WARRANT To 10/914.114411 , Supervisor Town of Wagging" County of ss New York. The following claims, having been presented to the Town Board of the Town of WIMPIPMPT , and duly audited and allowed at a meeting thereof held on the eth day of DINFINbirt , 1949...., 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 1140 ILL Limo, 1141 Vim Nordworo 1142 W 11 AMOUNT FUND OR ALLOWED ACCOUNT 17.77 506 1.05 506 2.16 1002 1143 11111-Iludion 011 Co., Inc. 143.92 506 1144 Won toblishing Co. 509 1143 1146 Capitol 1147 Great Door $pring Co. 1148 11.49 1150 to loDue Doildora Credit DIZONIS of 1151 WA 1. D. Nous 1132 ladelph Z Leper 1153 V.& 8. D. Moro 1134 Dlue Cross 2540 1.00 5.40 509 OTHER INFORMATION Prospect St., Ppm*. Maola, L.1., N.Y. ate. 6, laIdols Place 912 totem (busty. M.T. 19 Computor Dr., Z. 25.00 505 Albany, M.T. 5.00. 1540.00 54.00 505 1509 608 Cedar 1111 IC, FlaIddll P.O. Dor 567, tough. 6.40 610 66141 Sun Sower Project 61 33.60 610 172.18 =UN 1155 Bobezto-Delco Paper Co. 11.50 1156 Weft Talley Dboopirt.Ce. 7.75 1157 Dem Alexatior 14361.86 1153 CY. Tolegion Co. 269.26 Morino 111$11auld NM Donk 300.00 1139 1160 1161 1162 liallos Jr 111.00 24.00 .1 30.00 $09 509 Steno Scwor Project 61 506 505 1002 1002 1002 In Witness Whereof, I have hereunto set my hand and the Seal o this lth day of [SEAL] he Town , 19 6 Town Clerk WARRANT To , Supervisor Town of We!~ , 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 L.day of DIANdligh , 19..19..., 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. 1163 1164 1165 1166 1167 1160 1169 1170 •1171 1172 NAME OF CLAIMANT liesbont W. lial1er Osonge Solas. liastrice W. Salyer David alloy Astoom.Cross Co. Of fa Csatrsl Unison 011 Azton-Cross 1173 Central dson 0 &I 1174 11. 6-1. Supply Corp. 1175 Coral Unison 0. & 1. 1176 Melva Laf fin 1177 Central Hodson G. lo 11. 1178 " 1179 Umbra Laffin Of AMOUNT FUND OR ALLOWED ACCOUNT 12,00 11.00 1945 16.00 28.05 28.05 28.03 8641 7.65 7.63 103.0 1002 1002 1001 1002 1520 1320 1520 1520 1319 1519 1519 30.07 1510 1510 -7024Qt gtru 126.53 125.00 114.00 245.60 123.00 1509 1511 1311 OTHER INFORMATION R.F.D., Wapp1»rs All Angola Hill Rd" WV Ilepeuell Si., WF Fyn lane, Wappingers Falls In Witness Whereof, I have hereunto set my hand and the Seal of the Town of this day of , 19 Town Clerk [SEAL]