1966-12-08 RGMA Regular Meeting of the Town Board of the Town of Wappinger was
held on Thursday, December 8, 1966, at the Town Hall, Mill Street,
Wappingers Falls, New York.
Present:
Joseph H. Fulton, Supervisor Louis Clausen, Councilman
William,Bulger, Justice of the Peace Louis Diehl, Councilman
Vincent Francese, Justice of the Peace Elaine H. Snowden, Town Clerk
Others Present:
Knud Clausen, Highway Supt.
Joseph Ludewig, Building Inspector
A.W. Vapdewinckel, Chairman of Assessors
The meeting was called to order at 8:25 P.M.
Harold Reilly, Attorney
Vincent Kelley, Engineer
The minutes of the following meetings were presented by the Town
Clerk: Sept. 15, Special Meeting, Sept. 20, Special Meeting, Sept. 29,
Special Meeting, Oct. 4, Special Meeting, Oct. 6, Regular Meeting,
Oct. 10, Special Meeting, Oct. 18, Public Hearing, Oct. 20, Special
Meeting. The minutes, as submitted by the Town Clerk be and they
are hereby accepted on Motion of Justice of the Peace Francese,
seconded by Justice of the Peace Bulger.
Motion Unanimously Carried.
Bills presented in the following total amounts:
General Fund
Highway
$7,584.71
6,610.28
Justice of the Peace Bulger made a motion, seconded by Justice of the
Francese, that the bills be paid, subject to audit. ,Motion Unani-
mously Carried.
Reports were given by Justices of the Peace Franaesetand Bulger, the
Building Inspector, and the Supervisor. Let the recprd show the reports
were received and ordered placed on file.
The report of examination from Audit and Control was presented to the
Board. The State Audit report was received and placid on file, and
is open for inspection by any interested person, at the Town Clerk's
office.
A motion was made by Mr. Francese, seconded by Mr. Clausen: to set
the Annual Meeting to audit the accounts of the Town, for Dec. 29,
at 9:00 A.M. Motion Unanimously Carried.
Mr. Fulton recommended that the Board appoint Mr. Rudolph Lapar as
Engineer to the Town. The contracturalagreement at the rate of
$9,000 per year, and 30 -hour week, will follow the same pattern as
Mr. Kelley has had.
Mr. Francese said this also includes setting up an office in the
Town of Wappinger.
Mr. Diehl wished discussion on the appointment before a motion was
introduced. He was under the impression, from discussion with Mr.
Lapar, that he Wasn't interested in the position on a full time
basis, therefore assuming the engineer would be doing outside work
as well. This, he questioned and requested a delay in this appoint-
ment for further consideration.
Mr. Fulton felt it had been held up long enough, and added that
it was his opinion, a full time engineer wasn't needed this year.
Mr. Diehl asked,who Mr. tapar was working for at present.
Mr. Fulton said he was listed in the telephone book as a consulting
1
engineer, and not involved in anything else in the Town. He assured
Mr. Diehl he would see that there would be a clause in the contract
stating that in any case where there is a conflict of interest the
Board would rule.
Mr. Diehl still felt he could not vote on this tonight.
Mr. Bulger asked if this appointment could wait a while -so that
Mr. Diehl' s questions could be answered.
Mr. Fulton pointed out the 30 day termination clause in the contract.
Mr. Clausen asked what Mr. Lapar's connection was with Adler and
Brenner. He believed it was eommon.tiknowledge that they were in
general agreement.
Mr. Fulton said the only relationship he knew of was on a contract
they are doing for the Village.
Mr. Fulton made the motion that the Supervisor be authorized and
empowered to negotiate a contract with Mr. Lapar, seconded by Mr.
Francese.
Roll Call Vote: 4 Ayes Mr. Diehl Nay Motion Carried
Of)
A Motion was made by Mr. Clausen, and seconded by Mr. Francese,
that permission be granted to all authorized persons in the Town
Government to attend the Association of Towns Meeting in New York
City, February 6, 7, and 8, 1967, and expenses by paid by the Town.
Roll Call Vote: 5 Ayes Unanimously Carried.
At the July 7, 1966 meeting, Mr. Carl Swenson requested permission
to mine gravel. At that time several conditions were requested to
be met, before permission be granted. Mr. Kelley has approved the
maps requested and a $1,000 bond was filed.
Mr. Francese proposed the following resolution granting a permit
to Carl Swenson, to extract gravel from certain premises located
in the Town of Wappinger.
WHEREAS, the Town Board of the Town of Wappinger, pursuant to
Section 439.01 of the Zoning Ordinance of the Town of Wappinger,
did heretofore approve an application made to this Board by Carl
Swenson, for the extraction of gravel from certain premises
located on the northerly side of New Hackensack Road, in the
Town of Wappinger, and
WHEREAS, the permit granted to the applicant was made
subject to the posting of a bond insuring conformation to approved
plans and applicable regulations; and further subject to the
submission of map indicating the nature and extent of the opera-
tion, to be conducted upon the premises, and
WHEREAS, the applicant has submitted a proposed bond to
Counsel to the Town of Wappinger and the same has been approved
as to form and sufficiency, and
WHEREAS, a map indicating the nature and extent of the
operation to be conducted upon the premises has been submitted
to and approved by the Engineer to the Town of Wappinger,
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the
Town of Wappinger as follows:
1. That Carl Swenson is hereby granted a permit to
extract gravel from the site delineated on the map
heretofore submitted by the applicant.
2. That the said permit shall expire two years from
the date hereof unless the same be renewed or extended.
3. That the applicant shall comply with the plans hereto-
fore submitted and approvedand with all applicable regula-
tion.
Seconded by Councilman Diehl.
Roll Call Vote: 5:Ayes .Motion Unanimously.Carried
Mr. Swenson asked that the Town Boardtake a longerlook into
these emergency water conditions, and resolve a way to handle
them in the future.
Mr. Fulton, while on the subject of water, directed letters of
appreciation be sent to Knud Clausen, the Highway Crew, Carl
Swenson, Mrs. Mills, Fitchett Brothers, and the Town of Poughkeepsie
for their efforts in the water emergency.
Mr. Bulger charged Mr. Fulton with forming this letter with the
Town Clerk.
Mr. Clausen requested that a letter should be sent to the New
York State Department of Public Works about the condition on
new Route 9 - every intersection.
Mr. Diehl remembered the passing of Mr. Howard Winne, and asked
that a letter of sympathy be sent to Mrs. Winne. He also extended
the Board's congratulations to Knud and the new Mrs. Clausen on
their marriage.
Mr.. Francese proposed the following resolution authorizing the
assignment of option to purchase certain lands situate, in the
towns of Wappinger and East Fishkill for adoption.
WHEREAS, during the year 1966, the Town of Wappinger and
certain other Municipal Corporations entered into a joint
garbage and refuse disposal system by Means of sanitary land
fill, and
WHEREAS, the various municipalities have formed the
Southern Dutchess Joint Garbage, Metal and Refuse Disposal
System, Inc., to facilitate the formation of the necessary
districts for joint refuse and garbage collection and disposal,
and
WHEREAS, the cooperating municipalities have tenatively
selected certain parcels of land to be used for the sanitary
land fill operation, and
WHEREAS, extensive engineering studies have been made at
the site selected by the municipalities and the findings indi-
cate that the operation of a sanitary land fill on such site is
feasible, and
WHEREAS, in an effort to cooperate with the member•munici-
palities, the Town of Wappinger, on the 7th day of April, did
secure an option of 90 days for the purchase of approximately
125 acres of land situated partly in the Town of Wappinger and
partly in the Town of East Fishkill from Merle Travis and
Edith L. Travis, for the purpose of such land fill operation,
and
WHEREAS, on the 28th day of October, 1966, the said option
was received for an additional period of 90 days, and
WHEREAS, the cooperating municipalities have progressed with
plans for the establishment of the necessary districts and have
requested that the town -of Wappinger assign its' rightsunder
the Travis option to the Southern Dutchess Joint Garbage, Metal
and Refuse Disposal System, Inc., and
WHEREAS, the Town of W ppinger has incurred no financial
obligations nor has expended any funds in obtaining the said
Travis option or the extension thereof,
NOW, THEREFORE, IT IS HEREBY RESOLVED, that counsel to the
Town of Wappinger is authorized and directed to prepare the
necessary instruments assigning the rights of the Town of
Wappinger under the said Travis option to the Southern Dutchess
Joint Garbage, Metal and Refuse Disposal System, Inc., and it
is further
RESOLVED, that the Supervisor of the Town of Wappinger is
hereby authorized to execute the said instruments of assignment.
Seconded by Councilman Diehl.
Roll Call Vote: 5 Ayes Motion Unanimously Carried
Mr. Bulger proposed the following Resolution authorizing the
improvement of certain lands situate in the Town of Wappinger
by means of Land Fill Operation for adoption.
WHEREAS, during the year 1966, the Town of Wappinger and
certain other Municipal Corporations entered into a joint project
for the purpose of studying the feasibility of a joint garbage
and refuse disposal system by means of a sanitary land fill
operation, and
WHEREAS, the cooperating municipalities have tenatively
selected certain parcels of land to be used for the sanitary
land fill operations, and
WHEREAS, the Town of Wappinger is the owner of a certain
parcel of land containing approximately 51.74 acreas on Robinson
Lane, in the Town of Wappinger, Dutchess County, New York, having
acquired the same on September 28, 1961 from Hetty M. Becker,
and
WHEREAS, this property is presently undeveloped and requires
improvement in order to meet the needs and requirements of the
Town of Wappinger, and
migws, the municipalities participating in the sanitary
land fill studies have tentatively proposed the improvement of
this parcel bf land by means of a sanitary land fill operation
on portions of the property, and
WHEREAS, extensive engineering studies have been made on this
site and the results of such studies indicate that the land could
be suitable improved by a land fill operation
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Supervisor
of the Town of LWappinger with the assistanceof Counsel tothe
Town and the Engineer to the Town, is authorized to negotiate
with the various municipalities participating in the proposed
sanitary and fill operation for the purpose of entering into a
contract setting forth the terms and conditions under which the
said property may be used for a sanitary land fill, which in
the process will improve the same and increase the value thereof.
Seconded by Councilman Clausen
Roll Call Vote: 5 Ayes Motion Unanimously Carried
Mr. Fulton - on cable T.V. thought the Board had acted wisely in
regard tospecifications - all applicants had been sent copies.
Mr. L'Archevesque reported that the only company to answer was
High Tower.
A letter from Mr. Joseph Schwartz, Schwartz Enterprises, received
today, was read, and Mr. L'Archevesque commented that this was
the only positive response that had come in. The specifications
answered by the New York Telephone Company Representative, rather
than High Tower, indicated they felt they were too severe. They
recommended limited specifications.
Mr. L'Archevesque's recommendations with regard to the over-all
Cable T.V. problem are:
1. I feel that we ought to have a contract calling for
repair to damage of property, also interference by public, or
obstruction by traffic. Renewal and cancellation provisions.
2. Schools in the area free of charge.
3. As far as finances, should have payment to the Town of
Wappinger - something like 4 or 5% of profit -Town charge rates.
4. Require'a permit from the Town.
5. Require performance bond for some kind of public
liability insurance to allow for claims of interference with non -
CATV owners.
6. As far as service is concerned, I feel we should indicate
the number of channels and FM stations available to customers
during intermission hours.
7. I would like to ask the Town Clerk to send letters to all
those who have applied, recommending that I meet with them and
discuss these criteria.
Mr. Diehl commended Mr. L'Archevesque on his report ana felt he
should meeiwith Mr. Schwartz, and any other company, and 4o forward
with it.
Mr. Bulger had read in the New York papers discussion of some
powers of Municipal Government to Tax if it did not franchise
this service. He suggested this be an area to be explored.
Cable L.V. Tabled.
Two reports were received from Vincent Kelley, of Milton Chazen
Associates, on Oakwood Knolls Temporary Water and Sewer Rates,
and Sewer'Plant Repair,
Mr. Fulton asked Mr Kelley to discuss his report, and asked if
there had been any modifications since the written report had been
received by the Board.
Mr. Clausen at this point requested that Counsel properly contact
Mr. Ritter. He felt some hesitancy regarding the whole situation,
because as far as he knew, the last time Mr. Ritter contacted the
Board, he withdrew the present contract. If the Town is operating
under contract, and Mr. Ritter is operating willingly, he should so
notify the Board.
Mr. Reilly'had talked with Mr. 'Ritter and stated he was anxious
toget this contract into operation, he is not disaffirming it.
Mr. Clausen pointed out that at some later time he could possibly
file suitforillegal entry.
Mr. Clausen moved that the Attorney to the Town request written
conformation from Mr. Ritter that he is agreeing to the contract.
Seconded by Mr. Diehl.'
Roll Call Vote: 5 Ayes Motion Unanimously Carried.
Mr. Fulton said as far as he is' concerned, we are operating under
advice of Counsel.
Mr. Kelley said we are operating the sewe and water plant, but in
order to operate it with efficiency, certain'expenditures must be
made. In the interum period, revenues must be made to pay for the
expenses, and these must come frOmfOakwood Knolls residents.
In
this report were estimated expenses for water and sewer for the
year, and a break -down to a per house, per month cost. Revision
of the report (dated November 9, 1966) showed increased totals of
$3,318.00' for water plant and system; and $9,954.00 for.sewer plant
and system, for a total of $14.00 per house; per month.
He pointed out that there was no vehicle or, pedestrian access to
the plant, but after conversation with the Highway Superintendent,
ANWWWWWWWW11 11111
*Mr. Knud Clausen agreed to do the work, in order to keep the cost
to a minimum.
Mr. Clausen asked Mx. Kelley what the procedure would be -to get
the easement to the plant.
Mr. Kelley said he dad already mailed the description- to Counsel,
ari4 -the only thing needed to proceed is authorization..
Mr.,Francese dade a motion - as this Town Board is actually, in
essence, the Board of Commissioners for the Oakwood Knolls sewer
and water districts, and the Supervisor, The Treasurer, - the
necessary vehicles by put in motion for revenues tobe collected
and disbursed, as needed, for the operation of such districts, on
an interim basis, until the districts are formally established and
proper taxation can be applied.
Seconded by Mr. Clausen. Motion Unanimously Carried.
Mr. Fulton noted that after much,discussion on-the-;subject,the
most suitable billing plan would be on a quarterly basis, - adding
that billingwould go from the 1st of Nov. 1966 to Jan. 30,,1967 -
allowing a collection period to about Feb. 10 = no penalty clause
as -yet - strictly on an interim basis.
Mr. Reilly said there should be a formal resolltion setting forth
the rates, etc. - resolution authorizing all of,these billings.
Motion made by Mr. Bulger, seconded by Mr,. Diehl and carried, to
suspend the Rules to allow discussion with Mr. Arndt, president
of the Oakwood civic asspciation, about the possibility that these
bills can be considered or :tax deduction,•and when bond was -'issued,
would rates be affected.
Mr. Reilly answered that charges were not tax deductable,,even
when it -becomes a 'formal district, they will -be collected -on the
tax bill, but listed separately, and Mr. Fulton said the whole
financial -structure would change -upon bond issuances.
Nr. -Arndt also questioned if the Town could collect backcharges
and Mx. 'Reilly assured him the Town has no legal right to do this.
The thought occurred .to Mr. Bulger, what if there were no payments
received, Axndt.responded that through a polling of resi-
dents,there was no indication that anyone would refuse to pay.
Mr. Francese commented that amounts not paid could be added on
to the Taxes.
Motion to resume the rules was made by Mr. Bulger, seconded by
Mr. Clausen and Carried.
Mr. Francese returned to the question of an access to the Oakwood
Plant. Recalling a comment by Mr. Kelley that Mr. K. Clausen
would be willing to do the work, once an easement was deeded to
the Town, felt the Board should have him do the necessary work.
Mr. Francese made a motion to draw up a resolution empowering
the Superintendent of Highways to go in Oakwood Knolls, and
provide the necessary labor to do the work, and charge it back
to the district.
Seconded by Mr. Diehl. Motion Unanimously Carried
Mr. Kelley: On the 2nd item - requested the Board's authority
to seek informal proposals from contractors to have work done on
the tanks, sandfilters, feed line, and building drain.
Motion made by Mr. Clausen, seconded by Mr. Bulger to empower
Mr. Kelley to seek informal bids to have work done. Motion
Unanimously Carried.
Mr. Kelley on the 3rd Item, explained that there exists in the
plant a pump rented by the Dutchess County Health Department
(at $225.00 per month) and also another in the pump station
which is suspect. He stated that the Health Department had
ordered a new pump from Chicago which is some place in transit.
He would like to purchase the new pump (they will credit money
spent on rental) to replace rented one. When the new pump
arrives he would like to replace the one that is suspect. Costs
would run in the neighborhood of $925.00 to $1,000. He requested
some sort of a determination from the Board on this action.
Mr. Fulton advised the Board not to act on this until the
financial structure is set up. Action could be taken possible
on the 29th of December.
Requests from Edgehill Section II, Tall iTrees Section I, and
Hickory Hill Section of Rleetwood to have roads accepted by the
3 t "
Town were tabled - Letters from Highway Superintendent, recommend-
ing their acceptance were needed.
Proposed Building Permit Fees
Mr. Ludewig presented to the Board a proposed schedule for
,
increasing the Building permit fees. He noted that a year ago
the Building Building Department had recommended a raise in these fees,
in order to be a little more realistic, and what he presented
tonight was basically the same in the year 1965. This Department
just about paid its' own way in 1965, but 1966 didn't, hence, his
recommendation that the Board put this into effect as soon as
possible.
Mr. Clausen remarked that the proposed rates seemed reasonable,
and that it was a good report. He made a motion, seconded by
•
Mr. Francese, that the following increase in Building Permit
fees be put into effect immediately. ( See attached pages)
Roll Call Vote: 5 Ayes Motion Unanimously Carried.
Communication was received from Messrs. Quinn and Reilly regard-
ing Brack Construction Corp. vs. Board of Assessors asking per-
mission to oppose an appeal now being made to the Appellate
Division, Second Judicial Department.
Mr. Francese made a motion that the law firm of Quinn & Reilly
continue litigation in the appeal of the case of Brack Construction
• -
Corp. vs. the Town of Wappinger Board of Assessors.
Seconded by Mr. Clausen.
Roll Call Vote: 5 Ayes Motion Unanimously Carried
Communication from the Planning Board was received, respectfully
requesting the Town Board consider a street light at the inter-
section of All Angels Road and Edgehill Drive.
• ,
Mr. Francese made a motion that this request be turned over to
the Lighting Committee, Mr. Bulger and Mr. Diehl, for their
inspection.
Seconded by Mr. Clausen.
Roll Call Vote: 5 Ayes
Motion Unanimously Carried.
PROPOSED BUILDING PERMIT FEE SCHEDULE
TOWN OF WAPPi NW YORK
DECEMBER 8, 1966
:cerpt from Executive Law, Article 18, Section 383:
each municipality is expressly authorized and empowered: to make, amend and
repeal rules for the administration and enforcement and for the collection of
reasonable fees in connection therewith "
NEN YORK STATE TOWN OF WAPPINGER
BLDG. CODES BUREAU PRESENT PROPOSED
SUO**.aag..r FEES FEES* FEES
Demolition
Costing up to $1,000 $ 5.00
Costing over $1,000 10.00
hairs & 1aermtiar
Costing up to $2i0
Costing over $200 up to $500
Costing over $SOO up to $1,000
For each 0,000 thereafter
For isildiaq Permits
Estimated value of sometrustioms
up to $1,000 - minima fee
$ 2.00 $ 2.00
2.00 5.00
Nb Charge 2.00 0
2.00 2.00 2.00
3.00 2.00 3.00
3.00 1.00 2.00
5.00
For each additional $1,000 or fraction
thereof, up to and including $15,000 3.00
2.00 5.00
1.00 2.00
For each additional $1,000 or fraction
thereof, up to $50,000 2.00 .50 1.00
For each additional $1,000 or fraction
thereof, exceeding $50,000 1.00 .50 1.00
Plumbing, heating, standpipe, sprinkler, elevator, or electrical work, etc., are included in the
terms "construction or alteration work", When filed with complete construction plans, all such
work is included under one fee based on the total cost of building or structure, inclusive of such
mechanical installations. *As adopted Mai► 12, 1960
D.M. # 66-12-2
STIMATED VALUE
OR
FEE # LE
DECEMBER 2, 1965
RESUBMITTED SER 8, 1966
T01 OF TOWN OF VILLAGE OF TOWN OF TOWN OF
POUGHKEEPSIE EAST FISHIQLL WAPPINGERS FALLS WAPPI EGER WAPPINGER
(PRESENT) (PROPOSED)
SINGLE FAMILY
$17,000 BLDG. PERMIT FEE $29.00
PLUMBING FEE 16.00
rgrati
0 -FAMILY
$70,000 BLDG. PERMIT FEE $98.50
PLUMING FEE 128.00
$126. 5U
18.F MILY
$150,000 BLDG. PERMIT FEE $166.00
PWIIING FEE 288.00
$36.00 $35.00
$17.00 $35.00
$88.00 $280.00 $43.50 $88000
$168.00 $630.00
D.M. # 66-12-3
$75.00 $163050
368,
A letter, and Map, were received from Mr. Arthur Bisom referring
to a letter he had written to the Planning Board September 7, 1966,
requesting that consideration of a proposed amendment to Section
416.032 of the Zoning Ordinance be made.
Mr. Fulton noted that Mr. Bisom has a peculiar problem and had
recommended that it be referred to the Zoning Board of Appeals
or Building Inspector. He brought out the fact that the Dutchess
County Board of Health had advised Mr. Bisom that he had to have
larger rest room facilities - this would cause a hardship because
it would mean the loss of floor space and, as Mr. Bisom is a non-
conforming business, he is unable to enlarge for any purpose. He
pointed out to Mr. Bisom if he felt it was a hardship it could be
presented to the Zoning Board of Appeals, but, the Planning Con-
sultant is working on these things if he wanted to wait a little
longer.
Mr. Bisom mentioned that the Board recommended each matter be
considered under its' own merits.
Mr. Bulger asked why he had submitted a map of his property as
what he was asking for was an amendment to a :particular section
of the Zoning Ordinance.
Mr. Ludewig said the Planning Board had drawn up reconunendations
(on Business Non -conformity) and presented it to the Town of
Wappingers Board and Zoning Board of Appeals.
Mr. Fulton cited that plans for the Planning Consultants were for
them to break non -conforming uses into groups. He recommended
Mr. Bisom take his problem to the Planning Consultants.
Mr. Bulger recommended the Town Board write to the Planning Consul-
tants with a copy to the Planning Board.
Mr. Francese said he and Mr. Clausen were on the Standing Committee
to meet with the Zoning Administration to go over several of these
problems. They hope to plan a meeting very soon.
Referred to Standing Committee on the Zoning Ordinances.
A. letter from Brent & Phillips, attorneys re: Dorothy Heights Road
requesting the Board to rescind the resolution to keep this road a
dead. end. Tabled.
A letter was received from the Wappingers Falis Chamber of Commerce
requesting financial assistance toward the Christmas Street lighting
in the Village.
Mr. Diehl made a motion that this be referred to the Recreation
Commission, for action on their part.. Seconded by Mr. Francese.
Roll Call Vote: Motion Unanimously Carried
A letter was received from Roosa & Roosa attorneys re: Karas
with Lafko and Alexander, et al, on an agreement entered into on
September 8, 1965. (Drainage problem in Wildwood Forest).
Mr. Bulger commented that they had all had an engineer, and it
seemed to him there was some bonding. He asked the record show
the Board had received this communication, and ask Mr. Lafko what
he plans to do about it.
Motion made by Mr. Bulger, seconded by Mr. Clausen to refer it to
counsel.
Roll Call Vote: Unanimously Carried
The following letter was received by the Board, and Mr. Bulger
requested it be read in full for public information.
November 4, 1966
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Hill Top Water -Works Corp.
Gentlemen:
At your meeting of November 3, 1966, a discussion arose
regarding the fact that the Messrs. Eugene Schuele and James
Thomann were engaged in operating a water company and supply-
ing water to residents of the Town of Wappinger.
Certain persons attending the meeting indicated that the
company operated by Messrs. Schuele and Thomann was not acting
as a public utility. You directed that we check the status
of this company and report dur findings to you.
Please be advised that we have this day made an examina-
tion of the records of the Dutchess County Clerk's office with
respect to the subject matter. Our examination discloses that
File no. 164 for the year 1964 contains an executed copy of the
charter of the above ceptioned corporation.
Information in the file shows that the corporation was char-
tered under the Transportation Corporation Law of the State of
New York and that the Certificate of Incorporation was filed
with the Department of the State of the State of New York on
July 8, 1964. The subscribers to the certificate are Eugene
3 7 0
Schuele, James Thomann and Gertrude Schuele.
A certificate of consent to the formation of the subject
corporation is attached to the charter. This consent bears the
date of June 30, 1964 and is signed and acknowledged by the
Superintendent of Highways of the Town by all of the then
members of the Town Board.
The charter contains a description of the service areas of
the corporation. These areas are three in number. They are
briefly described as follows:
1. Edge Hill Manor, Sections 1, 2 and 3 and other
adjoining properties owned by the principals, as
well as Section I. of Ye Olde Apple Orchard develop
ment.
2. Parcel situate on Myers Corners Road improved with
building occupied by I.B.M. Corp.'
3. Commercial parcel situate at the corner of DeGarmo
Hills Road and Myers Corners Road presently improved
with a gas station, liquor store and an unoccupied
building.
The foregoing information serves as proof of the fact that
the subject firm is a public water -works corporation. The
Town of Wappinger may call upon the firm to extend its mains
and provide water service to additional consumers in the
municipality.
Very truly yours,
s/ Joseph D. Quinn, Jr.
Mr. Diehl referring to the eleven year road program Mr. Kelley
had presented to the Board 2 years ago, said he, and all the
members of the Board had believed it to be a good program, but
for the last 4 months when it has been brought before the Board
the question of the method of finance still hasn't been settled.
Mr. Diehl is beginning to feel that it should go through as a
five year program now.
Mr. Bulger mentioned that it had been referred to counsel some
months ago.
Mr. Diehl asked if a definite report could be had on how to finance
this program at the next meeting, could counsel have a report by
the Dec. 29th meeting?
Mr. Diehl asked Mr. Christensen to come before the Board. His
first question to Mr. Christensen was, if he sold his house would
a record of this transaction go someplace. The answer was affirma-
tive. He then made reference to Fleetwood, specifically, that the
Water Resources Commission in Albany has a value of $64,000 on
water plant, the Town of Wappinger assesses this at $2,900, at the
-going equalization rate of _36% this should be assessed at about
$23,000 - on Atlas 'Water Works. This plant has been valued at
$81,000 in '65 (and probably worth more now because of additions)
is assessed -at $3,-300= - at :the 36% rate should be about :$29,000 -
on Edgehill -:value placed on it is $258,000, assessed at $5,280.
He said all of these figures could be verified through the
Water Resources Commission and Mr. Christensen. He asked Mr.
Christensen to comment.'
Mr. Christensen said that in '64 all these plants were .on the rolls
in full value, but had received notice from Public Service that
these plants could only be assessed for land and pump house, so
they were taken off. More recently he checked with Albany again,
to find the man who had given the information was no longer with
Public Service. The value the owner sets down for rates indicates
his investment so he can ask for additional rates.
Mr. Diehl asked why should the owner be questioned if that's what
he feels the Plant is worth.
Mr. Christensen said they weren't questioning the owner. The
value is what the owner thinks it is worth. At first the mains
were assessed, then assessors were told the mains couldn't be
assessed only the land and pump house. Next year the mains will
be assessed.
Mr. Diehl and Mr. Christensen pursued further the drop in assess-
•
ment of Atlas.
Mr. Fulton recommended that the Board of Assessors not become
subject to any pressures or actions from the Town Board. He felt
Mr. Diehl was speaking without completely understanding market
values and how they are assessed. He objected to the Board
questioning any individual assessments in the Town.
Mr. Diehl said he certainly didn't intend to put pressure on Mr.
Christensen, his intent was merely to protect the rest of the
taxpayers in the Town, if these plants are being under assessed,
other taxpayers must be making up the difference.
372f
Mr. Francese said he had talked to Mr. Christensen and was led to
believe there is an investigation going on by the Assessors Office
and with the help of the Attorneys. He was sure that with the
Assessors interest, and interest of the Town Board, a report would
be made to the Town Board.
Mr. Clausen commended Mr. Francese and Mr. Diehl for looking into
these matters, and at the same time commenting that it appeared
to him the Supervisor seemed neither concerned or interested in
appointing committees to find out if there were problems of this
nature in the Town.
Mr. Francese felt that there was simply a lack of communications
here. The matter has been resolved as far as it can be, and when
Mr. Christensen has any information he will let the Board know.
Mr. Diehl asked Mr. Christensen if he would make a report at the
next Regular meeting, and Mr. Christensen agreed he would.
Mr. Diehl: In reference to the shortage of Doctors in the Town
of Wappinger, said that through Louis Alpert's connection with
the Phillipine Consul in New York City, he has learned that there
are hundreds of pre-med students ready to graduate but can't take
final exams unless they have citizenship or show intent to. To
bring these Doctors to Wappinger, they must show intent to become
citizens or show extended visas.. He would like the Board to make
a committment to these Doctors that there is a place in the
community for them, subject to the approval of the Doctors
Committee, and if these Doctors have received their Degrees, have
it sent to Congressman Resnick, who will make an exerted effort
to have these visas extended. He feels there is only one way we
can get this is to have these men come to Wappinger and have
them interviewed by the local Medical Group, and if all approvals
are met, continue tp pursue assistance.
Mr. Bulger indicated a letter should be addressed to the committee
which is attempting to encourage and procure M.D.'s for this
locality, which indicates that this Board will do all within
its power to aid them in their purpose. If anything further is
necessary, we will be requested for that specific item.
Mr. Alpert mentioned he had spoken with the President of A.M.A.
and they would be happy to have any Town Board member attend their
meeting. There was a possibility of sending one or more applicants
up. Mr. Alpert asked should any be found suitable, what would the
Town do to keep them here.
Mr. Bulger asked if this particular group had been discussed with
the Committee, and in particular with the Medical members of it.
Mr. Diehl said he had spoken to the Doctors Committee about a
month ago, he would like approval of the Board, subject to the
approval of the Doctors Committee.
Referred to Mr. Diehl, with authorization for him to make necessary
communications. (Mr. Diehl will come in to assist Clerk in writing
letter to Doctors Committee.)
Mr. Diehl presented the telephone sticker received from Central
Hudson- commenting it was what could be sent to residents with
with police numbers on it.
Mr. Clausen moved the adoption of Local Law #1 Year 1966,
Providing for a Partial Tax Exemption of Real Property owned
by Certain Persons with Limited Income who are 65 Years of Age
or Over.., Seconded by Mr. Bulger.
Roll Call Vote: 5 Ayes Motion Unanimously Carried.
Mr. Clausen said Senator -Elect Rolison has, in one of his Bills,
amendments to liberalize to this Law, as he believes that those
qualified now are put under a hardship when their $3,000 income
includes such things as Social Security income and so forth.
Mr. Clausen moved that a letter be directed to Senator Rolison
telling him we agree with his position, and possibly, we can show
our intent to help him in his cause. Seconded by Mr. Bulger.
Unanimously Carried.
Mr. Clausen added that in the future if any other elected officials
take the same concurring action that we also write to them.
Mr. Francese - having held an Adjourned Public Hearing on the
application by D.C.R. Realty Corp. request for rezoning a tract
of land off Route 9 and Cooper Road in the Town of Wappinger, made
a.74
a motion to adopt an amendment to the Town of Wappinger Zoning
Ordinance --- by changing the lands herein described from "RD -20
Optional Dwelling Residential District and R-4O.0ne Family Reseden-
tail District" to"PI Planned Industry.
Seconded by Mr. Clausen.
Roll Call Vote: 4 Ayes Mr. Diehl: Nay
Mr. Bulger directed a letter be addressed to. the Town of Fishkill
Town Clerk, for distribution to the persons appearing at the Hearing
on behalf of the Town of Fishkill, thanking them for appearing, and
indicate to them that this Board considered their statements, and
took this action because the Board felt it was in the best interests
of the and also felt it will not be to their detriment.
Mr. Clausen brought up the subject of receiving minutes of past
meetings from the Clerk later than he felt necessary. If she needs
additional help, she should get it. He doesn't feel this is being
handled efficiently.
Mr. Francese.countered he felt there was more than a little extra
diligence in her efforts. Discussion followed on the best approach
to receiving minutes more promptly.
Mr. Bulger reported that he and Mr. Diehl have been working as the
Lighting Committee. They investigated Drakes Draw Bridge Road
from Hughsonville and Creek Road. Central Hudson had left 2
lights down there where they don't do much good. Included in
their proposal will be a light at All Angels and Edgehill inter-
section. A request from people living on the Old Post Road and
Route 9 - South of Myers Corners Road intersection will be investi.,
gated when they get together with Knud Clausen and find out in
whose custody that road is in.
Earlier mention of insufficient lighting on Route 9 construction
project gave rise to a proposal by Mr. Bulger that the Town go on
record to the New York State Dept. of Public Works that this con-
dition exists and sufficient lighting and signs be placed at inter-
secting roads.
Mr. Bulger moved that the Board direct a communication to the County
f T5 ;
Supt. of Highways, reenforcing the Supervisor, on the problem of
open ditches and steep embankments on Myers Corners Road..
Seconded by Mr. Diehl.
Unanimously Carried.
Mr. Fulton advised the Board that Mr. Eugene Schuele was willing
and
to lease land/skating pondto the. Recreation. Commission..
Motion made by Mr. Francese and seconded by Mr. Bulger to accept
the property, for the 1966-1967 season, from Mr. Schuele, for
Recreational purposes. Unanimously Carried.
The Clerk was directed to write Mr. Schuele indicating the Boards
acceptance of his offer.
Mr. Fulton said he understood Central Hudson is obligated to move
any light or any pole, any reasonable distance, by order. of_the
Board.
Referred to Counsel to check this out and draft a formal resolution
(to move Mr. Landolfi's pole - Wildwood Forest.)
Discussion on Deed to Quiet Acres Recreation Area. Formal
Resolution requested be drawn up by Counsel to accept this
property.
Motion was made by Mr. Clausen to buy microphones for the Town
Board meetings. Seconded by Mr. Bulger.
Roll Call Vote: 3 Ayes Mr. Francese: Nay
Mr. Francese mentioned the Masons were moving out of the 3rd floor
the first of Jan., and suggested that at this time the Board, if
it so desires, extend use to civic groups for their use.
Mr. Clausen felt we should stick to municiple use.
Motion made by Mr. Bulger, Seconded by Mr. Clausen to purchase
additional cart for the microphones at $150.
Roll Call Vote: 3 Ayes Mr. Francese: Nay
Recess called at 11:50 P.M.
Meeting reconvened at 12:05 A.M.
Motion made by Mr. Fulton, seconded by Mr. Bulger for a resolution
setting date for Public Hearing for Local Law #2,
3178
RESOLUTION, TOWN BOARD, TOWN OF
WAPPINGER, DUTCHESS COUNTY, NEW YORK,
FIXING THE TIME AND PLACE FOR PUBLIC
HEARING ON TOWN OF WAPPINGER LOCAL
LAW NO. 2, YEAR 1966 AND PRESCRIBING
THE METHOD OF GIVING NOTICE FOR SUCH
PUBLIC HEARING.
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board held on December 8, 1966, a proposed
local law, entitled, "A local Law regulating the establishment,
construction, installation, extension, enlargement, acquisition,
operation and use of water supply and distribution systems in
the Town of Wappinger," and
WHEREAS, the provisions of the Municipal Home Rule Law
require that no local law shall be passed by the legislative
body of the town until a public hearing thereon has been held
before such body,
NOW, THEREFORE, be it resolved as follows:
1. That a public hearing shall be held on the said
proposed local law by the Town Board of the Town of Wappinger
on the 22nd day of December, 1966, at 7:00 o'clock P.M. on such
day, at the Town Hall, Mill Street, in the Village of Wappingers
Falls, Town of Wappinger, Dutchess County, New York.
2. That at least five (5) days notice of such hearing shall
be given by the Town Clerk of the Town of Wappinger by the due
posting thereof upon the bulletin board maintained by said Town
Clerk in the Town Hall and by publishing such notice at least
once in the official newspaper of the Town of Wappinger.
Resolution Duly Adopted.
Motion was made by Mr. Francese, seconded by Mr. Bulger to adjourn
meeting.
Meeting adjourned at 12:14 A.M.
o
Elaine H. Snowden
Town Clerk