1969-11-10 RGMAGENDA - TOWN BOARD
NOVEMBER gym, 1969
1. Supervisor call meeting to order
2. Roll Call
3. Accept Minutes
4. REPORTS OF OFFICERS
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Bills:
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Town Justices
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Supervisor
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PETITIONS & COMMUNICATIONS
A. Recommendation on Sanitary Landfill from Lapar
B. Rezoning petition from Aldrich - re: Crimswal Realty
C. Election Inspectors - 3 Resignations
D. Proposal from Co. Rep. L'Archevesque re: Dutchess County
Junk Car Disposal Program
E. Edward F. Baumgras re: Petition for Speed Limit on Myers
Corners Rd.
F. Group from Chelsea
Development on River Rd.
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6. REPORTS OF COMMITTEES
7. RESOLUTIONS
1. Transfers
8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
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466
The Regular Meeting of the Town Board of the Town of Wappinger
was held on November 10, 1969, at the Town Hall, Mill Street,
Wappingers Falls, New York.
Supervisor Diehl called the meeting to order at 8:12 P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
G. Donald Finnan, Councilman
Leonce Heady, Councilman
James Mills, 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 Sept. 8, 1969, Regular Meeting,Sept. 29, Oct. 2, Oct. 9,
Special Meetings were offered for acceptance.
MR. MILLS moved the acceptance of the Minutes as submitted by the
Town Clerk be and they hereby are approved. Seconded by Mr. Clausen.
Motion Unanimously Carried
Reports from the Supervisor, Building Inspector and Town Justices
for the- month of October, were received.
MR. CLAUSEN moved the reports be accepted and placgd on file.
Seconded by Mr. Heady.
Motion Unanimously Carried
'Bills in the following amounts were presented:
General Fund $56,132.32 OKWD $241.45 F1t.W.$627.94
Highway Fund 21,620.24 OKSD 519.80 F1t.S. 88.28
RF$D 237.28
MR. FINNAN moved the bills be paid, subject to audit. Seconded by
Mr. Mills.
Motion Unanimously Carried
The following recommendation was received from Rudolph Lapar:
October 10, 1969
Town Board
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, New York
RE: Sanitary Landfill
Gentlemen:
After discussion with Mr. Bill Horton, Superintendent of
Highways, Custodian of the Sanitary Landfill, the following
recommendations are made to the Town for the operation of
the Landfill through the coming winter months:
• It is the opinion of the Highway Superintendent that
sufficient and solid base has been provided for the
entrance road and that no further construction is
required at this time.
2. A volume of between 8,000 cubic yatds and 10,000 .
cubic yards be immediately stock piled for the
coming winter season to make sure we have'cover
materials for the landfill.
Very truly yours,
s/ Rudolph E. Papar, P.E.
Engineer to the Town
MR. MILLS moved that the Superintendent of Highways be authorized
to bid for cover material for the Sanitary Landfill, to be stock
piled for winter use at the landfill site. Seconded by Mr. Clausen.
Motion Unanimously Carried
A rezoning petition was received from Crimswal Realty Corp. request-
ing a rezoning of a parcel of land off Smithtown Road from partial
HB -2 and partial RD -20, to HB -2 in its entirety.
MR. CLAUSEN moved this petition be referred to the Town Planning
Board and Dutchess County Department of Planning for their review
and recommendations. Seconded by Mr. Finnan.
Motion Unanimously Carried
Resignations from three Democratic Election,Inspectors were
received: Helen Tompkins (D) District #13;,Rose Fitzpatrick (D)
District #2; Marion Sardo (D) District #5.
The Democratic Committee recommended Grace Pecheux, Mary Temple
and Melva Laffin as replacements.
MR. MILLS moved to accept the resignation of the three Democratic
Election Inspectors and accept the recommendations of the Democratic
Committee Chairman to appoint Grace Pecheux as (D) Election Inspector
for District 13; Mary Temple as (D) Election Inspector for District
#2 and, Melva Laffin as (D) Election Inspector for District #5.
Seconded by Mr. Clausen.
Motion Unanimously Carried
3
•
466
A proposal regarding a Dutchess County Junk Car Disposal Program
was received from County Rep. Robert L'Archevesque outlining specific
recommendations for a junk car program in Dutchess County.
MR. MILLS moved that a letter be sent to Mr. L'Archevesque to
inform him that the Town of Wappinger is basically in agreement
with the proposal, as there is a real need today to dispose of
junked cars, and would appreciate the forwarding of any further
information on it to the Board. Seconded by Mr. Clausen.
Motion Unanimously Carried
Ed Baumgras, Myers Corners Road was present to request a reduction
of speed on Myers Corners between All Angels Hill Road and Rt. 9.
He presented a petition with approximately 600 signatures request-
ing "that a speed limit on Myers Corners Road, between All Angels
Hill Road and Rt. 9, be reduced, especially during the critical
periods of the day, when children are going to and from school,
and that signs be posted to that effect." Mr. Baumgras asked that
the Board evaluate and act accordingly on this petition.
Mr. Bisom spoke in favor of the petition pointing out the increase
in traffic, due to increased development added schools, and business.
Marilyn Baumgras & David Zern also spoke for the reduction of speed
on Myers Corners Road.
MR. MILLS moved that the petition be received, placed on file, and
referred to the Highway Committee and Superintendent of Highways to
contact the County Dept. of Transportation and the New York State
Dept. of Transportation to see what else can be done to urge the
acceptance of the Towns' request for a lower speed limit. Seconded
by Mr. Clausen.
Motion Unanimously Carried
Mr. Noel deCordova, representing a group of Chelsea and Hughsonville
residents, introduced their problem, that of the proposed apartment
project on River Road North. He brought to the attention of the
Board again the problem of water in this area. He felt the problem
arises from inadequate, continuous, planning - planning in 1963 in
this area might have been adequate, but is now dramatically outdated.
In essence, the group he represents is requesting the Town Board
to rezone these RD -40 areas in the Chelsea-Hughsonville area to
the restrictive R-40, or other more restrictive zone. This area
already has had extensive experience with large apartment projects,
and problems arising because of their location in that area. The
basic problem of these residents is the danger that they have
experienced with their water supply -since the apartments have been
built extreme discoloration of the water has been one of the visible
problems, aside from lowered water in wells. Copies of letters
written by these residents to both the Dutchess County Dept. of
Health and New York State Water Resources Commission, concerning
their complaints, were offered for the records. A member of the
group had contacted the Dutchess County Health Dept. the Sanitation
and Health Engineering Dept. and Mr. deCordova quoted "we (the
Dutchess County Health Dept.) know that to get water in any quantity
in this particular area, more specifically more water than is
required for a single family residence within one mile of the
Hudson, is very difficult. This is true from north of the city of
Poughkeepsie to as far south as Dutchess County goes. Large volumes
of water are very unlikely in the type of rock formations which makes
up the underground area of this region." (This was Henry Scoralik).
Dr. Robbins, acting Commissioner of Health is well aware of the
problem. Well Diggers who dug the wells for the Chelsea Ridge Apts.
were contacted. He told these residents that sooner or later all
the residents of this locality would all have to dig their wells
at least 100 feet deeper. Mr. deCordova further felt that the Town
Board had a responsibility to really demand that the Town Planning
Board investigate these statements. Other, less vital areas of
concern were brought forth, that of stream pollution, and inade-
quate roads for a larger volume of traffic. In summation, Mr.
deCordova stated that these residents were present to ask the Board
to rezone, they believe time is of the essence. The Board has the
authority on its own motion to do it. The existing zoning is poorly
designed abutting on the highest quality,
47o
lowest density zone in
the Town,'is not near a shopping center, nor is it on good roads.
At this point Mr. deCordova said he had noted in reading the Towns'
Ordinance, several provisions which are contradictory, and would
like an opportunity to discuss with the Board informally after the
meeting in relation to these specific provisions.
Mr. Diehl called for a 15 minute recess to speak with Mr. deCordova,
Mr. Scheel and Mrs. Engelman.
The Board recessed at 8:50 P.M.
Supervisor Diehl called the meeting back to order at 9:17 P.M.
A letter had been received from Thomas P. Taft, Chairman of the
Public Relations Committee, Wappingers Central School District
Board of Education, asking the Town Board to send two representa-
tives to a meeting on the upcoming building program to be presented
to the taxpayers of the School District.
Mr. Diehl stated that Mr. Mills and Mr. Finnan would be there
representing the Board.
The following Resolutions were offered by MR. CLAUSEN who
moved their adoption:
WHEREAS, the Acct. #1001 (Parks & Playgrounds -Comp. of Employees)
has been overexpended and overdrawn by the sum of $27.77,
BE IT RESOLVED, that the Supervisor be authorized to transfer
$27.77 from Acct. #1202 (Contingency -Town Wide) to Acct. #1001,
in order to eliminate the overdraft and reimburse said account.
WHEREAS, the Acct. #1002 (Parks & Playgrounds -Other Expenses)
has been overexpended and overdrawn by the sum of $5,062.46,
BE IT RESOLVED, that the Supervisor be authorized to transfer
$5,062.46 from Acct. #1202 (Contingency -Town Wide) to Acct. 1002,
in order to eliminate the overdraft and reimburse said account.
WHEREAS, the Acct.#1007 (Youth Agency -Comp. of Employees)
has been overexpended and overdrawn by the sum- of $142.56,
BE IT RESOLVED, that the Supervisor be authorized to transfer
$142.56 from Acct. #1202 (Contingency -Town Wide) to Acct. #1008,
in order to eliminate the overdraft and reimburse said account.
WHEREAS, the Acct. #1009 (Youth Agency -Other Expenses) has
been overexpended and overdrawn by the sum of $203.23,
BE IT RESOLVED, that the Supervisor be authorized to transfer
$$203.23 from Acct. #1202 (Contingency -Town Wide) to Acct. #1009,
in order to eliminate the overdraft and reimburse said account.
WHEREAS, the Acct. #1001 (Parks & Playgrounds -Comp. of Employees)
has been overexpended and overdrawn by the sum of $40.25,
BE IT RESOLVED, that the Supervisor be authorized to transfer
$40.25 from Acct. #1202 (Contingency -Town Wide) to Acct. #1001,
in order to eliminate the overdraft and reimburse said account.
WHEREAS, the Acct. #1002 (Parks & Playgrounds -Other Expenses)
has been overexpended and overdrawn by the sum of $122.69,
BE IT RESOLVED, that the Supervisor be authorized to transfer
$122.69 from Acct. #1202 (Contingency -Town Wide) to Acct. #1002,
in order to eliminate the overdraft and reimburse said account.
Seconded by: Mr. Milts Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN CLAUSEN
who moved its adoption:
WHEREAS, the Town of Wappinger has made application to the
State of New York for the purchase and development of additional
Park lands involving 52 acres more or less off All Angels Road,
in the Town of Wappinger and
WHEREAS, said application has been approved by the State of
New York and
WHEREAS, it is in order to commence the program of acquisition
and development of said Park, it is necessary to purchase said
property
WHEREAS, it is necessary for the Town Board to signify to the
State of New York its intention to undertake the proposal to purchase
and develop said Park lands now
THEREFORE, be it resolved that the Supervisor is hereby author-
ized and directed to execute the attached copy of the contract
between JAMES KLEIN AND DAVE ALEXANDER and the TOWN OF WAPPINGER
for the purchase of 52.19 acres of land in the Town of Wappinger
for the sum of $75,000.00.
AND be it further resolved that the Town Board of the Town of
Wappinger acknowledges the receipt of the approval for a Grant -in -
State -Aid under the Park & Recreation Land Acquisition Bond Act
by the Taconic State Park Commission of the State of New York and
pursuant to its application for such State Aid the Town Board of
the Town of Wappinger hereby signifies its acceptance of such
approval and agrees:
A. All legal requirements on the part of the municipality
necessary to acquire the property will be taken.
B. The municipality will reimburse the State in the amount
of 25% of the cost of acquisition if the State advances
full cost.
C. That the municipality will otherwise comply with any and
all requirements of Chapter 523, Laws of 1960.
Seconded by: Councilman Mills
472
Roll Call Vote:
Supervisor Diehl Aye
Councilman Clausen Ave
Councilman Finnan Aye
Councilman Heady Ave
Councilman Mills Ave
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 acquisition by purchase by the Town of
Wappinger, Dutchess County, New York, of approximately 52.1 acres
of land located on All Angels Road in said Town, to be used for
park purposes, is hereby authorized at a maximum estimated cost
of $78,000.
Section 2. The plan for the financing of the aforesaid
specific object or purpose is as follows:
a) By the issuance of $1,560 capital notes of said Town,
which are hereby authorized to be ,issued therefor, and
all furtherpowers in connection with the details and
sale of such capital notes are hereby delegated to the
Supervisor, in conformity with law. Pursuant to Section
107.00 of the Local Finance Law, the proceeds from the
sale of such capital notes will be provided prior to the
issuance of the bonds herein authorized or bond anticipa-
tion notes. Said $1,560 capital notes shall constitute
the down payment required by Section 107.00 of the Local
Finance Law;
b) By the issuance of $29,560 serial bonds of said Town
hereby authorized to be issued therefore pursuant to
the Local Finance Law; and
c) By the use of $46,880 to be received in the form of a
grant from the State of New York for such object or
purpose.
Section 3. It is hereby determined that the period of
probable usefulness applicable to the aforesaid specific object
or purpose is thirty years pursuant to subdivision 21(a) of
paragraph a of Section 11.00 of the Local Finance Law. It is
hereby further determined that the maximum maturity of the serial
bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Wappinger,
New York, are hereby irrevocably pledged for the payment of the
principal of and interest on such obligations as the same respect-
ively become due_and payable. An annual appropriation shall be
made in each year sufficient to pay the principal of and interest
on such obligations becoming due and payable in such year. There
shall annually be 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 payable.
Section 5. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond anti-
cipation 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, 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 6. 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 7. Upon this resolution taking effect the same
shall be published in full in W&SD News, the official newspaper
of said Town, together with a notice of the Town Clerk in
substantially the form provided by Section 81.00 of the Local
Finance Law,
Section 8. This resolution is adopted subject to a permissive
referendum.
Seconded by: Mr. Mills
Roll Call Vote:
Supervisor Diehl Aye
Councilman Clausen Ave
Councilman Finnan Ave
Councilman Heady Ave
Councilman Mills Ave
Resolution Duly Adopted
Mr. Mills asked that the Supervisors' office make sure the Board
is supplied with a debit credit balance sheet each month, so there
won't be any more over -extending of accounts.
Mr. Diehl stated that he had appointed Mr. Clausen and Mr. Mills
as a committee to study correspondence and materials on codes of
Ethics (obtained from the Association of Towns) with an eye to the
adoption of a code, of Ethics for the Town of Wappinger.
Mr. Diehl commented on a letter received from the New York State
Dept. of Transportation regarding a motor vehicle count done at
the intersection of Rt.9D & New Hamburg Rd. (to determine the
necessity of a traffic light). The State advised Mr. Diehl that
any time the Town felt another traffic count was warranted, they
would gladly comply with another survey.
MR. DIEHL moved that the New York State Dept. of Transportation be
4 7 4 r
requested to make another traffic survey at the intersection of
Rt.9D and New Hamburg -Old Hopewell Rd. Seconded by. Mr. Clausen.
Motion Unanimously Carried
Mr. Mills asked what the State had in mind in their "Notice of
Action" regarding the repeal or order for signall 22 located on
old Rt. 9 at intersection with Middlebush Rd. Mr. Horton would
obtain a clarification. Mr. Mills also inquired about the "Notice
of Action" regarding the repeal of Stop sign control at the en-
trances of Rt.9 at Smithtown Rd., Old Rt.9 at stations 127+ and
130+. Mr. Horton said he would clarify this with Mr. Rappleyea
and pass the information onto the Town Clerk and she will notify
the Board.
Mr. Mills asked that the following letter be read:
October 22, 1969
To Whom It May Concern:
I would like to inform you that for many years I have been in the
general practice of medicine in southern Dutchess County, N.Y.
I have the largest, solo, general practice in the County. I
care for 1800 families.
During this time, whenever ambulance service was required by my
patients, or by people seen by me in accident situations, which
have been many, their ambulance care was rendered by the Sloper-
Willen Ambulance Service.
I would like to commend to you a consideration of the degree of
quality, service, and dedication that this ambulance unit has
consistently provided for the citizens of Dutchess County. This
has not only been a commercial activity. There have been many
many occasions, many many times when the service has been gratis.
There have been many times when the service has been for the
cause and the need involved, not for the fee. There have been
many times when the entire unit operated knowing full well that
there would be no financial recompense of any kind.
In addition, the quality of service has been exceptional. The men
performing the service have been men of incredible integrity, and
unbelievable devotion. Their efficiency, zeal, and skill in
rendering emergency care have been of inestimable value, and
indeed indispensible to the health care of our citizens.
I would urge you to consider whatever steps you can take to aid
this marvelous group in their continued efforts to perform their
unselfish service.
If there is further information with which I can provide you,
regarding their activities over the years, please do not hesitate
to contact me.
Sincerely,
s/ Wm. Abruzzi, M.D.
Mr. Rappleyea commented that Sloper-Willen was making a request'
of a donation from IBM for equipment and communications that can
be hooked up in the ambulance and be in direct contact with the
hospital, on heart patients.
Mr. Diehl asked Mr. Lapar about the drainage problem in Ardmore.
Mr. Lapar responded that there were still some minor problems for
completion that would be picked up in the Spring.
MR. CLAU$EN moved that the Attorney to the Town be directed to
study what would have to be done to make the positions of Town
Clerk and Highway Superintendent, civil service positions, and
submit, if possible, at the next Town Board meeting any information
as to how the Board should proceed. Seconded by Mr. Diehl.
Motion Unanimously Carried
MR. MILLS moved the rules be suspended, seconded by Mr. Finnan
and carried.
Mr. Eck asked if there was any further progress on the North
Wappinger Sewer Improvement.
Mr. Fulton asked the Board to clarify the position of the Hill Top
Water Works. He said there seemes to be a serious question as to
the legitimacy of the Hill Top Water Corp. in his opinion, and
whether they're in violation with Water Resources Commission Local
Water Law. He pointed out that if the Town in the future were
looking to municiple water and sewer, that the Town should keep
a close watch on what was being done. Citing that the lines going
up to Cogar would make a water district in that area very feasible -
he cautioned the Board to be very careful as to how they handled this
situation because once customers hook on to Hill Top water lines,
this would represent capitalized value, and eventually make it
economically unfeasible for the Town to purchase the Water Corp.
MR. MILLS -moved to resume the rules, seconded by Mr. Clausen and
unanimously carried.
MR. FINNAN moved the meeting be adjourned, seconded by Mr. Clausen,
and unanimously carried.
Meeting adjourned at 10:00 P.M.
Elaine H. Snowden
Reg. Mtg. 11/10/69 Town Clerk