1966-05-05 RGMThe Regular meeting of the Town Board, Town of Wappinger, was held on
Thursday evening, May 5, 1966, at the Town Hall, Mill Street, Wappingers Falls,
New York. The meeting was opened by Supervisor Fulton, and Girl Scout
Troop 236, Wappingers Falls, 8:26 P.M.
Open Discussion from the floor held.
Meeting called to order by Supervisor Fulton 9:32 P.M.
Present:
Joseph H. Fulton - Supervisor
William J. Bulger - Justice of the Peace
Vincent S. Francese - Justice of the Peace
Absent: None
Others Present:
Louis C. Clausen - Councilman
Louis D. Diehl - Councilman
Elaine H. Snowden - Town Clerk
Joseph D. Quinn - Attorney Joseph Ludewig - Building Inspector
Vincent C. Kelley - Engineer A. W. Vandewinckel
Knud Clausen - Highway Superintebdent
Mr. Fulton then read a letter from the President of Quiet Acres Civic
Association pertaining to the extension of the Airport runway, and requesting
the Airport Manager to e1prcise whatever restrictive measures were available
to him to reduce or restrict hazards. (On file with agenda)
Mr. Clausen moved the Board go on record as asking the Airport Manager this
question. Seconded by Mr. Diehl.
Motion Carded Unanimously
Mr. Fulton asked that the Clerk be directed to send a letter to the Air-
port Manager.
Mr. Bulger: I think that the problems of the people there should be called
to the attention of the Board of Supervisors, not in rel4tion to any ex-
tension, but in relation to the problem as it now exists; After the crash
there was discussion in the local papers concerning Air Traffic Control.
And, there was talk about instituting Traffic Control. Nothing has
happened. Perhaps we should call this to the attention 4f the Board of
Supervisors.
:sir. Bulger made a motion, seconded by Mr. Diehl, to send a copy of Mr. Sardos
letter to the Airport Manager.
Motion Carried Unanimously
Mr. Bulger made the motion that a letter be sent to the Board of Super-
visors stating that we are in favor of the institution of Air Traffic
Control al the Dutchess County Airport as soon as practical. Seconded by
Mr. Clausen.
Motion Unanimously Carried
Motion was made by Mr. Diehl, seconded by Mr. Clausen that a copy of
Mr. Sardos letter be included with the letter to the Board of Supervisors,
and copy of letter to Board of Supervisors be sent to the Airport Manager.
Motion Carried Unanimously
Mr. Fulton: The Auxiliary Police Civil Defense has been reactivated
in the Town of Wappinger. ;t is being headed by the Sheriff. In the
Town of Wappinger, the inspector is Donald W. Nickerson. It has been
requested that he be added to the list of constables.
Mr. Bulger made a motion, seconded by Mr. Diehl, to appoint Mr.
Nickerson as Constable, for the Town of Wappinger.
Motion Carried Unanimously
Mr. Francese made a motion, seconded by Mr. Diehl, to approve a bond
as to form and sufficiency of surety, for Mr. Nickerson as Constable.
Motion Carried Unanimously
Mr. Quinn: Pursuant to direction by your Supervisor and authorization
from your Town Board Members, on Monday, my office undertook an in-
vestigation of all phases of this proposed expansion at the Dutchess
County Airport and in particular, the program for extension of the
existing runway. To date, we have obtained the reports and drawings
prepared by consulting engineers to the County which are the basis
for action by the County. We are looking at all facts that we can
get from three points of view. First, feasibility of plan from a
safety and econdmic point of view and resulting benefit to the county
taxpayers. Ultimate achievement is to provide reliable air service
for the area. It is our hope that, with assistance of expert tech-
nical personnel, we may be able to present a plan which you might
urge on leaders of the County government and industry. On the face
of these papers, it appears somewhat questionable why the County has
followed the program that they have indicated. It seems they are
ignoring the report of their engineers. Second, we are preparing so
that this Town may intervene and be represented and heard in all pro-
ceedings which may be conducted by the Federal Aviation Agency. Third,
this will involve seeking relief in the courts if necessary and I
think it only proper to point out that it is with some reluctance
that we look at this third phase. If it is impossible to accomplish
something, worthwhile, when the study is completed, we will go into
1 2-4
the courts without hesitation to protect the Town. I am certain as a
result of the study that we have made, that we must have the assistance
of expert technical personnel and I would ask fora motion authorizing
counsel to retain personnel in the form of engineers, airport and air-
craft consultants. We need their services to analyze and evaluate the
program presented by the consulting engineers to the County, to sit at
the side of the Town's representatives in the Federal Aviation Agency
hearings, and if_possible, come up with a feasible alternate plan to
assist counsel as required in the preparation of papers for litigation
in the presentation of this matter to the courts. We have no personnel
available in the Town who can furnish this kind ofassistance. With-
out this technical help, we will be completely lost.
Mr. Bulger made a motion that Counsel be authorized and encouraged to
make the necessary commitment to get technical help and assistance in
order to carry out this plan. Seconded by Mr. Francese.
_Motion Carried Unanimously
Mr. Fulton brought to the attention of the board the fact that the rec-
reation area on Pye Lane, to be designated as Martz Field, will be ded-
icated on Memorial Day. He said that he was hoping that all Town officials
and people in the Town will support this., Memorial services will be
a Town affair from now on. Mr. Francese volunteered to get the music
for this affair.
A motion was made by Mr. Clausen, seconded by Mr. Bulger, to allow
Mr. Francese to be responsible for the music, and empower the Super-
visor to sign a contract if necessary.
Motion Carried Unanimously
Mr. Clausen mentioned the possibility of getting the school band and
Mr. Fulton asked him to get in touch with Tom Armstrong.
Mr. Bulger made the motion, seconded by Mr. Francese, that the minutes
of the Public Hearing on Rockingham Farms Sewer District held on the
4th of April, 1966, and the minutes of the Regular Meeting of this
Board held on the 7th of April, 1966, as submitted by the Town Clerk
be and they hereby are approved.
Motion Carried Unanimously
Clerk read the following reports:
Town Board
Town of Wappinger
Wappingers Falls, N. Y.
Gentlemen:
During the month of April/ 1966, I disposed of the following cases in
Justice Court:
Type Number Fines & fees collected
Motor Vehicle 54 $553°03
Civil 37 47°50
Criminal 3
A total of $600°53 has been forwarded to the State Department of Audit
and Control.
In addition, 36 dog penalty actions were handled, with $18^00 claimed
for Justice's fees earned. These will be collected by the Dept. of
Audit and Control and credited to the General Fund of our Town.
Respectfully submitted,
a/Wil1iam J. Bulger
Justice of the Peace
A motion was made by Mr. Clausen, seconded by Mr. Diehl* to accept
Mr. Bulger's Monthly Report. Upon roll call, the vote was as follows:
Joseph H. Fulton - Voting: aye
William J. Bulger - Voting: abstain
Louis C. Clausen - Voting: aye
Louis D. Diehl - Voting: aye
Vincent S. Francese - Voting: aye
Town Board
Town of Wappinger
Wappingers Falls, N. Y.
During the month of Aoril, 1966, the activities listed below were
handled in Justice Court:
(1)
16 motor vehicle cases handled showing $185.00 collected in
fines.
(2) 6 civil cases handled showing $13°50 collected in fees and
filing costs.
(3)
3 criminal cases handled showing no monies collected. $100.00
bail is being held in my official bank account on a pending
criminal case,
(4) A total of $198°50 has been forwarded to the State Department
of Audit and Control.
Respectfully submitted,
s/Vincent S. Francese
Justice of the Peace
A motion was made by Mr. Clausen, seconded by Mr. Diehl, to accept
Mr. Francese's Monthly Report. Upon roll call, the vote was as follows:
Joseph H. Fulton - Voting: aye
William J. Bulger - Voting: aye
Louis C. Clausen - Voting: aye
Louis D. Diehl - Voting: aye
Vincent S. Francese - Voting: abstain
BUILDING INSPECTOR'S REPURT_FOR THE MONTH
OF APRIL 1966
Building Permits Issued for:
21
5
5
3
3
2
l
1
42
Single Family Dwellings
Residence Additions
Residence Garages
Demolition of Buildings
Commercial Buildings
8 -Unit Apartment Buildings
Moving of a Residence
Swimming Pool
Other
Total Permits Issued for April
Total Value of Construction
Total Fees Collected & Turned Over to the Town Clerk
Miles Traveled on Zoning & Building Inspection
_ . -
32
Miles Traveled on 8uflditlg Inspection by
lU| _,_
During the month of April, Certificates of Occupancy were issued for 12
Single Family Dwellings.
$683,140°00
603.50
by Building Inspector
Deputy Building Inspector
Respectfully submitted,
s/Joseph E. Ludewig
Building & Zoning Inspector
Mr. Clausen made the motion, seconded by Mr. Diehl, to accept the
Building Inspector Monthly Report.
Motion Carried Unanimously
MONTHLY STATEMENT OF SUPERVISOR
TO THE TOWN BOARD OF THE TOWN OF WAPPINGER
RECEIPTS
APRIL 1966
SOURCE Amount Received,
Town Clerk - Fees for March General Fund
Town Clerk - Int. on taxes » it
Sheriff's Office '/ //
Justice Court Fund ii ii
County - Snow Removal Highway Fund.
� 774~OU
464°83
25.00
1,356.00
513"34_
],l33"l7
Al
DISBURSEMENTS
Fund or Account Amount Expended
General Fund
Highway Fund
$ 15^220°18
6,923.68
Total $ 22,143~84
Signed: Joseph H. Fulton, Supervisor
A motion was made by Mr. Clausen, seconded by Mr. Diehl, to accept
the Supervisor's Monthly Report. Upon roll call, the vote was as
Joseph H. Fulton
William J. Bulger
Louis C. Clausen
Louis D. Diehl
Vincent S. Francese
Voting: abstain
Voting: aye
Voting: aye
Voting: aye
Voting: aye
Mr. Bulger made a motion for the Town to send a letter to Julian Cowan
thanking him for his co-operation with the Town by demolishing his
building on Route 9 (which had been noted in the Building Inspector's
report). Seconded by Mr. Clausen"
Bills presented in following total amounts:
General Funds
Highway
Motion Carried Unanimously
$6^995°l3
6,375.53
Mr. Bulger made a motion that the bills be paid, subject to audit.
Mr. Francese seconded the motion.
Motion Carried Unanimously
Clerk read a letter from Peter F. Murphy. Mr. Quinn: This is in
effect an application for rezoning. I think we will have to notify
the applicant that there aren't sufficient description attached to
the application. Board can't act on this in its present form°
Referred to counsel.
Clerk read letter from Quinn & Reilly which accompanied a copy of the
New York State Water Resources Commissions Decision on Schoonmaker Bros.
Ordered received and placed on file.
Clerk read letter from Emery Hey regarding rezoning of Arthur Masch
property. Referred to counsel because of insufficient description
attached.
Agreement on Mid -Point Park. Quinn: We are waiting for this to come
back from counsel with additional modifications. The Board will receive
copies before the next meeting. No agreement executed.
The Board set the date of Thursday, May 12 at 8:00 o'clock P.M. for auditing
the dockets of the Justices of the Peace.
Clerk read a letter from Russ Winters - Kent Road - concerning a safety
hazard because of heavy traffic and their hidden driveway. Letter was
referred to highway superintendent and town engineer for an opinion
and report. Clerk was instructed to write to Winters telling him that
the letter had been referred to highway and engineer. (On file with
agenda.)
It was noted that the litter on Kent Road has been cleared up. Clerk
stated that she had written to the State Police and they called
acknowledging her letter and saying that something would be done.
Clerk read letter from Planning Board regarding petition for rezoning
by OCR Realty. Petition was referred to Dutchmsa County Planning
Board for approval as property is on the line of the Town of Fiohkill°
Clerk read letter from planning Board inviting Board to attend an
interview with McCrosky-Reuter, prospective planning consultants to
the Town.
Letter was read from Mrs. Arkell, Vice -Chairman of the Recreation
Commission, recommending the reappointment of Kenneth Jennings for
a five-year term on the Recreation Commission.
Mr" Clausen made a motion, seconded by Mr. Bulger, that the recom-
mendation for reappointment of Mr. Jennings be accepted.
Motion Carried Unanimously
FIVE-MINUTE RECESS - 10:15 P.M.
MEETING RECONVENED AT 10:25 P.M.
Letter was read from Pelbar Realty, requesting the issuance of building
permits for some lots which were approved before the present Zoning
Ordinance. After plans presented by Mr. Schwarzbart were examined
by the Board and the Building Inspector gave some of the background on
the situation, Mr. Francese made a motion, seconded by Mr. Bulger,
to deny the application on the grounds that it is not in the juris-
diction of the Town Board, but rather that of the Zoning Board.
Motion Carried Unanimously
Mr. Clausen then made a motion, seconded by Mr. Bulger, that Mr°
Schwarzbarts request be referred to Counsel and the Building Inspector.
Motion Carried Unanimously
Clerk then read a letter from Van DeWater and Van DeWater concerning
a franchise for cable T.V. to be provided by Northeast TV Cablevision
Corp. Motion made by Mr. Bulger to Counsel for an opinion. Seconded by
Mr. Diehl.
Motion Carried Unanimously
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129
Mr. Francese proposed the following resolution, seconded by Mr. Diehl:
WHEREAS- it has come to the attention of this Town Board of the
Town of Wappinger that there are now or may be in the future funds and
monies belonging to the Town which are or which may be in excess of
the amounts required to pay current expenses and obligations, and
WHEREAS, it is or it may be to the advantage of the Town to
invest all or part of such funds on a short term basis in bank cer-
tificates of deposit ^ short term obligations of the United States of
America and other interest bearing obligations which are by statute
appropriate investments for municipalities in the State of New York,
and
WHEREAS, it appears that the investment of such excess and
surplus funds would be beneficial and profitable to the Town of
Wappinger,
NOW, THEREFORE, it is hereby
RESOLVED, that the duly elected, qualified and acting Supervisor
of the Town of Wappinger be and he hereby is authorized, empowered
and directed to invest the surplus and excess funds of this Town in
the aforesaid type of interest bearing investments permitted by the
Laws of the State of New York for Town Governments, and it is further
RESOLVED, that the aforesaid Supervisor of this Town be and he
hereby is authorized, empowered and directed to take all steps nec-
essary from time to time to carry out and implement this resolution.
Upon roll call, the vote was as follows:
Joseph H. Fulton - Voting: abstain
William J. Bulger - Voting: aye
Louis C. Clausen - Voting: aye
Louis D. Diehl - Voting: aye
Vincent S. Francese - Voting: aye
Clerk stated that a copy of a letter from State of New York Department
of Health concerning the approval of Final Plans, Collection System,
and Treatment Facilities for Chelsea Ridge Apartments had been re-
ceived. Ordered received and placed on file.
A resolution for a modification in the street lighting in Hughannvi1la,
Chelsea and Camwli lighting districts was tabled, with Mr. Quinn
to look into it further. Mr. Christensen then gave a report on the
Assessor's Office. We are about 80% complete on our grievance roll.
130
Our total increase is $5,000,000 over last year in assessed valuation.
There was some discussion then about an inadequate division of the
workload and Mr. Clausen recommended a meeting with the other two
assessors. This meeting was set for May 12 at 8:00 P.M. - Executive
Session.
Mr. Kelley then presented the following policy as minimum requirements
for the acceptance of private roads:
1. R.O.W. of 50' available for unencumbered dedication with
sufficient monumentation to establish location.
2. Deed to said R.O.W.
3. Any drainage culverts and easements required.
4. A prepared and graded R.O.B. gravel base 20' wide, 12" deep.
5. 100' radius turnaround where required.
6. The road serves at least three separately owned houses occupied
year around.
7. The recommendation of the Superintendent of Highways.
8. Provided, however, that the road shall not extend past the
last occupied house, and further, provided that each request
for acceptance shall be considered individually by the Board,
particular attention being paid to the amount of unoccupied,
subdividable land fronting on the proposed public road.
Upon motion of Mr. Clausen, seconded by Mr. Fulton, and carried the
rules were suspended to allow discussion by Mr. Lafko, Mr. Wolinski,
the Board and Mr. Kelly, with the intent of clarifying what these spec-
ifications will apply to, and to whom the responsibility belongs prior
to theTownacceptance of Roads in -this category.
Mr. Bulger: -We brought the people from Forest View Road in here. If
I understand correctly, with some additional gravel and with the nec-
essary granting of easements for turn -around, Forest View would meet
the conditions as outlined here.
Mr. Wolinsky: We qualify on all points except for the approval of the
Superintendent of Highways. If the Board adopts that policy and tells
us what is to be done, I will assume responsibility for its being done.
Upon motion of Mr. Bulger, seconded by Mr. Clausen, and carried, the
rules were re-applied.
-Mr. Bulger made a motion, seconded by Mr. Clausen, that the report be
referred to Counsel for proper wording and to put it in the form of
a resolution.
Motion Carried Unanimously
Mr. Bulger made a motion, seconded by Mr. Clausen, of the intent of
the Town Board to adopt this policy. Instruct the Highway Super-
intendent that it is our intent to do this and he may advise the
people in Forest View as to what he feels are necessary steps for
them to take to meet the standards of the policy.
Motion Carried Unanimously
Mr. Bulger pointed out that, as the realignment of Route 9 progresses,
there will be abandonment of stretches of Route 9. We need to be
preparing ourselves for an undue and unnecessary burden.
Quinn: There will eventually be abandonment proceedings by the
State of New York. I think, in the future, this will probably come
back in the Town's lap to some extent. Abuting property owners
petitioning Board of Supervisors and Town Board for relief and
grants of sections of this road that fall within their boundaries
or immediately adjoining. I am thinking about areas of road or
shoulders'that you might not want to take over. We will have to
get abandonment maps from the State of New York.
Mr. Bulger: We ought to be aware that the problem of Route 9 is coming.
I suggest the Superintendent of Highways, the attorneys add engineer
for the Town should be -our advisors.
Mr. Diehl to Mr. Knud Classen: How are we coming on rights of way
on Spook Hill Road?
Mr.KClausen: We are getting there. We have a problem with Mr. Eck.
Mrs. Hunt has consented. The rest have promised to sign. Mr. Diehl:
Will you have something by the next meeting?
Mr.K,Clausen: Yes.
Mr. Bulger: How are the condemnation proceedings coming?
Mr. Quinn: We have to make an attempt to settle on a price. Mr.
Reilly is handling this.
Mr. Clausen: It is my thought that possibly a committee of two
members of the Board might work with the Building Inspector to come
up with recommendations that may be of assistance to the Planning
Board in considering the amending of the Zoning Ordinance. I think
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| think we can facilitate matters. Mr. Clausen then made a motion, seconded
by Mr. Bulger, that a committee from this Board be instituted to wnrk'wYfh the
Building Inspector to come up with zoning revisions and present them to the
Planning Board which they may possibly find useful as guide lines in the future.
The Committee will consist of Messrs. Clausen, Francese and Diehl.
Motion Carried Unanimously
Mr. Quinn explained that some of these could be done by a recommendation. Mr.
Ludewig said there is a need for n|or|f|caf|On of some of the Local Laws and
Ordinances.
The question of the roads in Oakwood knolls again was raised.
Mr. Bulger: Suppose we asked Mr. K. Clausen to make the necessary repairs, can
we bill the Bonding Company?
Mr. Quinn: | think that perhaps a better way of handling it would be — we are
in the process of redrafting certain agreements relating to the general Oakwood
situation and there is a court approved stipulation outstanding. However, | think
between these two things alone the Superintendent might make these repairs. The
problems arise, not so much from poor construction, but from a failure to make
day—to—day maintenance, and we can back charge if.
Mr. Diehl moved the adoption of Mr. Quinns suggestion, seconded by Mr. Bulger.
Motion Carried Unanimously
Mr. Clausen: | would like to amend my motion to have several members of the
Planning Board serve with us on this committee with the Building Inspector.
Mr. Bulger: Why not just consult with the Planning Board?
Mr. Bulger made a motion to adjourn, seconded by Mr. Clausen.
Motion Unanimously Carried
Meeting adjourned 12:O0 P.M.
Signed:
Town Clerk