1984-08-06 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
AUGUST 6, 1984
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. REPORTS OF OFFICERS:
--Receiver-of Taxes Town Justices Hydrant Bldg/Fire Inspr.
Sup/Compt. thru 6/30/84
4. PETITIONS & COMMUNICATIONS
a.
b.
c.
Rudy Angelo re: offer for remains
Corners/A11 Angels intersection
Approval from Audit & Control of
John Railing, P.E., re: Rezoning
R-40 to R-20
of
traffic controls from Myers
increased Bndg authority for CWWIA
request for "Angel Hill" from
Requests to attend various conferences
d. from: P. Farnsworth, Zng.
Adm.; Planning Bd. members; Thos. Logan, Assesser, and G. Morse,
Chief Court Clerk.
e. Letter of Credit from Fishkill National Bank for Tall Trees
Subd. Road completion.
f. Notices of Public Hearings from: Town of LaGrange and 2 from
Town of East Fishkill
Hon. Hamilton Fish, Jr., Member of Congress, re: update information
to Board on CATV legislation
Memo from Thos Logan, Assessor, suggesting change of date for
workshop to discuss re-evaluation
1. Correspondence from Hon. Stephen M. Saland re: inquiry as to
rent stablization
C,•41 4
(3•
h.
5. COMMITTEE REPORTS
6. RESOLUTIONS
a. Transfer request by Compt. for reimbursement to Gen. Fund of
costs of various districts.
b. Transfer of $150,000.00 to Wappinger Sewer Imp. Area #1 from
T & A account
c. Bids for Robinson Lane Handicap Facility
d. Adopt further procedures for "non-discrimination against the
handicapped" rule in addition to procedure already adopted
Bonding Resolutions (2) for add'l $202,000.00 for CWWIA
Award Contract for Aquifer Testing for CWWIA
Request return of hookup fee to Mr. Strazdins
e.
f.
g.
7. UNFINISHED BUSINESS
a. Rob't Dietz, Attny, re: T. Hamilton drainage problem, etc.
b. Deborah Howe re: Community Development Funds
c. Recreation Comm. re: recommendation for Barn on Montfort Rd.
d. Vacancy - Dog Control Officer
e. Cablevision Franchise Amendment
f. John Ricci re: Request to become tenant to Rocking ham Farm S.D.
g. Stoetzel & Jambes request for Special Permit for Trailer Park
h. Report from Highway Supt. re: Drainage at 6 Dogwood Hills Rd. &
Chelsea Boat Ramp
i. Financial report from Compt. as requested by Councilman McCluskey
Adm.
8. NEW BUSINESS
9. ADJOURNEMENT
, 1 '
The Regular Bi -Monthly Meeting of the Town Board of the Town of
Wappinger was held on August 6th, 1984 at the Town Hall, Mill
Street, Wappingers Falls, New York.
Supervisor Versace opened the meeting at 8:12 P.M.
Present:
Frank Versace, Supervisor
Renata Ballard, Councilwoman
Joseph Incoronato, Councilman
Gerard McMcluskey, Councilman
Irene Paino, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Bernard Kessler, Attorney
Ronald Evangelista, Engineer
Town Officials and others present joined in the Pledge of Allegiance
to the Flag.
Reports were received from the Town Justices, Hydrant Report for
July and the Supervisor/Comptroller thru June 30, 1984.
MRS. BALLARD moved to accept the reports and place them on file.
Seconded by Mrs. Paino
Motion Unanimously Carried
An offer was received from Rudy Angelo, Electrical Contractor who
has serviced our traffic lights for years for the remains of the
traffic controls from the Myers Corners Road/All Angels Hill Road
intersection in the amount of $150.00. The County has taken over
that intersection and the remains of the Town lights have to be
removed.
Mr. Incoronato preferred to store whatever parts were left at the
Highway Garage or another accessible place in case there was a
breakdown of another Town light and these parts could be used.
If the Town sold them for $150.00 and needed them at some future
date, they would pay far more than that sum to recoup them.
M. Incoronato moved to reject Mr. Angelo's offer of $150.00 for
the old light at Myers Corners Road and All Angels Hill Road and
store these parts for future use.
The motion was seeonded by Mrs. Ballard.
Before action vas taken, there was discussion on whether these
parts would be compatible with the existing lights and could they be
used.
Alberta Roe, being recognized by the Chair, suggested that the Board
check this out to determine if the parts could be used before they
voted for or against Mr. Angelo's offer.
Mrs. Paino concurred with this suggestion and felt they should check
with the Highway Superintendent for additional information.
Mr. Incoronato withdrew his motion to reject Mr. Aggelo's offer
and Mrs. Ballard withdrew her second to that motion.
MRS. PAINO moved to direct a letter to Mr. Croshier requesting that
he research this matter and report to the Board.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Approval was received from the New York State Department of Audit
and Control for increased bonding authority for Central Wappinger
Water Improvement Area, as follows:
In the Matter of the
Application of the Town Board of the Town of Wappinger, Dutchess
County, New York, for a Certificate of the State Comptroller
consenting to an increase of the amount to be expended on behalf
of Central Wappinger Water Improvement in said town, pursuant to
section 209-q (5) of the Town Law.
WHEREAS, upon application of the town board of the Town of
Wappinger, Dutchess County, New York, duly made, the Comptroller
of the State of New York, on the 29th day of August, 1972, did
make an order granting permission to provide Central Wappinger
Water Improvement; and
WHEREAS, said application and order provided that the maximum
amount to be expended to provide such improvement be $3,200,000; and
WHEREAS, the town board of the Town of Wappinger, aforesaid, did
determine to provide such improvement, authorizing the maximum amount
to be expended to be the sum of $3,200,000; and
WHEREAS, a petition of the town board of the Town of Wappinger,
aforesaid, dated March 22, 1984, has been duly made to the undersigned
for permission to increase the maximum amount authorized to be
expended for the construction of such improvement from $3,200,000
to the maximum amount of $3,402,000;
NOW, THEREFORE, upon the said petition, the additional
information and data thereto attached and/or therein referred to,
and due deliberation having been had thereon, I, EDWARD V. REGAN,
Comptroller of the State of New York, do hereby find and determine:
(1) That the public interest will be served by the
proposed increase of the maximum amount to be
expended for said improvement.
(2) That the additional cost or amount to be expended
for such purposes will not be an undue burden upon
the property of the area benefited by said improvement.
3
AND FURTHER, I DO HEREBY ORDER that the petition of the
town board of the Town of Wappinger, aforesaid, for permission
to increase the maximum amount to be expended on behalf of the
said Central Wappinger Water Improvement, in said town, be and
the same hereby is granted, and that said permission is to
increase the maximum amount to be expended from $3,200,000 to
$3,402,000.
Executed in duplicate under my hand and the seal of the
Comptroller of the State of New York, at the City of Albany,
New York this 5th day of July, 1984.
EDWARD V. REGAN
StateComptroller
By s/ Cornelius F. Healy
Deputy Comptroller
MR. VERSACE moved to accept the Approval from Audit & Control for
additional bonding authority for Central Wappinger Water Improvement
Area and place it on file.
Seconded by Mrs. Paino
Motion Unanimously Carried
A request was received from John Railing to rezone the Angel Hill
Development on Old Hopewell and Old Angels Hill Road from R-40 and
and PI --1A to an adjusted R-20 and PI -LA.
Mr. Versace noted that he had set aside a workshop meeting on
August 30th, 1984 at 8:30 P.M. to discuss this request with Mr.
Railing. This will be for review of the material presented by
the applicant and an opportunity for the Town Board to ask for
any further information they may need. It will not represent any
intention on the part of the Board to rezone the property although
they might consider such action.
MR. VERSACE moved to set a work shop session to discuss Mr. Railing's
rezoning request on August 30th, 1984 at 8:30 P.M.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Requests were received from Pamela Farnsworth, Zoning Administrator,
Planning Board Members, Thomas Logan, Assessor and Gloria Morse,
Chief Court Clerk to attend various conferences.
MR. INCORONATO moved to allow these employees to attend their
conferences at their own expense and the Town would pay their
salaries for the time they are taking off to attend said conferences.
Seconded by Mrs. Paino
Roll Call Vote: 4 Ayes Mr. McCluskey ---Nay
A Letter of Credit was submitted by the Fishkill National Bank
for Tall Trees Subdivision Road completion.
The Attorney to the Town reviewed the document and approved the
form and content subject to the Engineer's approval with respect
to the certification contained therein.
MR. VERSACE moved to table this matter to the August 20th, 1984
for the Engineer's approval and Mr. Croshier's approval in relation
to non -completion of some roads in this subdivision.
Seconded by Mr. Incoronato
Two Notices of Public Hearings
Fishkill and one from the Town
MR. MCCLUSKEY moved to receive
and place them on file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
were received from the Town of East
of LaGrange.
these Notices of Public Hearings
Motion Unanimously Carried
A letter was received from Congressman Hamilton Fish, Jr. regarding
state legislation on cablevision.
MRS. PAINO moved to receive this communication and place it on file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
A request was received from Thomas Logan, Assessor to change the
scheduled work shop for discussion of Town re-evaluation to August 16th,
1984 instead of August 9th, 1984 since the Dutchess County Legislature
would be voting on this matter on the 13th of August, 1984.
Mr. Versace noted that he has honored Mr. Logan's request and has
changed the work shop session to August 23rd, 1984 at 8:00 P.M.
MR. VERSACE moved to receive Mr. Logan's letter and place it on file.
Seconded by Mrs. Paino
Motion Unanimously Carried
(There would be no work shop on the 16th of August)
Mr. Versace had written to Assemblyman Stephen Saland regarding
rent stabilization in the Town of Wappinger. Mr. Saland responded
and indicated in his letter that he would support any County or
local legislation but he had reservations concerning statewide
application of rent stabilization administered by a statewide
bureaucracy.
MR. VERSACE moved to receive Assemblyman'Saland's letter and place
it on file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
A resignation was received from Dr. Robert W. Ballard as a member
of the Town CATV Committee due to increasing demands of his practice.
MR. VERSACE moved toaccept Dr. Batllard's resignation with regret
and thank him for his services to the Town.
Seconded by Mrs. Paino
Motion Unanimously Carried
Committee Reports ---Mrs. Ballard, Recreation, reported that she
had sent a letter to the Recreation Commission and copied the Board
Members, requesting a meeting some time the end of August re report
from the Citizens Advisory Committee on Recreation and further
requested that they have available for that meeting a list of
changes and improvements they plan to do in 1984 and 1985, and
general and specific longterm plans thru five years re future
development of recreation facilities and programs for the Town of
Wappinger.
Mrs. Ballard's next report on recreation was in regard to research
work she had asked Mrs. Farnsworth to do on the Reese Park Entry
Area, Lupparelli/Lund Site. The following report was submitted to
Mrs. Ballard:
The entrance road to Reese Park is not shown on the tax maps as a
right-of-way or a town road. A road or drive is situated between
the northerly lot line and some structures on the lands of
Lupparelli, now leased to Lund. The assessor's file does not have
a copy of a deed which might have described the road.
The acre site, adjacent to the Village, has one dwelling and two
out -buildings. The buildings were constructed in 1927, 1934, and
1949.
One of the buildings is being reconstructed. A building permit is
pending submittal of fees.
Since the area is zoned R-20, and the lot consists of one acre,
subdivision might be considered for town acquisition of a parcel
that would contain the park entrance road.
As to the current use of the site, there is a dwelling and two large
garages which would allow the user to store vehicles and equipment.
MRS. BALLARD moved to request the Town Clerk to forward the Zoning
Administrator's report to the Recreation Commission for their
review and determine what they intend to do regarding the right-
of-way to the recreation area.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mrs. Paino reported on a meeting held prior to Town Board meeting
with Board Members and a consultant who volunteered his time to
provide information to the Board regarding the purchase of computor
hardware and software to initiate a computor system in the Town.
Following the information part of the meeting, there was a question
and answer time and when this concluded the Board Members agreed to
go ahead with a computor system.
MRS. PAINO moved to request the Town Clerk to advertise in the
Poughkeepsie Journal and the W & S. D. News on Wednesday, August
8th, 1984 for bids on computor hardware and software, bids to be
opened on August 17th, 1984, at 2:00 P.M. (submitted by 11 A.M.)
Seconded by Mr. Incoronato
Roll Call Vote: 4 Ayes Mr. McCluskey ---Nay
Mrs. Paino noted that the information would be available at the
Town Clerk's Office and requested that this matter be put on the
agenda for August 20th, 1984 for Town Board consideration.
Before the vote was taken, Mr. McCluskey commented that he agreed
that the Town needed a computor system and he thanked Mr. Paino,
(the consultant) and Mrs. Paino for their information, but he felt
the job was being rushed through, there was only 11 days before the
bid opening; we could lose a good competitive bid with this rush.
His other objection was that he didn't know what the computors
would do, what could they handle ---he wasn't that knowledgeable
about their function; will they be fully utilized by the Town
departments.
Mrs. Paino responded that she had explained this at the earlier,
meeting; everything should be in place by January 1st, 1985 and this
will take time to compile accounting reports etc., they will have to
be broken down, coded, put in system and train the operators. All
information on Town finances will be available immediately once it
is computorized; now we are dealing with stale information.
She had also indicated at their earlier meeting what uses the
computor could be used for aside from the Comptroller and the
Bookkeeper reports and records; she had discussed this with the
Zoning Administrator, Building Inspector, the Planning Board
Chairman and briefly reviewed the items they could computorize
and also asked the Town Clerk to consider what she could also
put on computor. This was in answer to Mr. McCluskey's concern
on whether a computor would be utilized and she felt there would
be no doubt about it. She had also discussed with the consultant
the ways that the Highway Department would be able to use it, so
in her opinion all Town departments could utilize a computor.
There was a brief discussion from the audience ----George Urcioli,
Mary Schmalz and Dave Reis being recognized by the Chair had
different comments and recommendations. Mr. Urcioli did not
agree that the system would be in place by the 1st of January,
1985; Mrs. Schmalz suggested that the Board contact other munici-
palities who were computorized to find out what systems they were
using, and Mr. Reis asked if the Board had consulted with any other
companies other than Mr. Paino. The vote on Mrs. Paino's motion
was taken at the conclusion of these discussions.
Mr. Incoronato, Water and Sewer Committee, reported that the
Town sewer systems had received a state grant amounting to
$48,774.00 for direct cost of wastewater treatment expenses which
was 11.5% of the operation and maintenance costs last year. The
breakdown is as follows: Royal Ridge Sewer ----$4,705.00,
Rockingham Sewer
$15,416.00, Wildwood Sewer $7,410.00 and
Fleetwood Sewer $5,601.00. A public informational meeting will
be held with residents of the Fleetwood Sewer District on August
15th, 1984 at 8:00 P.M. at the Town Hall at which time the Engineer
to the Town and Camo Pollution Control will address problems in
that district. This is the first step to comply with state re-
quirements as the Town has been under pressure from the state
to upgrade the sewer treatment plants since we are no longer
involved in Tri -Municipal. The first problem will be the quality
of the water which has had a high degreee of sulphur since the
establishment of the district; the professionals will seek
different avenues to correct this problem, the second discussion
will be the present condition of the plant and the procedures
necessary to upgrade the system.
Resolutions
The following resolution was offered by COUNCILMAN INCORONATO
who moved its adoption:
RESOLVED, the sum
to General Fund A for
various districts and
Account SW 8310.4
CWW
Fleetwood Water
T all Trees Water
Watchhill Water
Ardmore Water
Oakwood Water
Account SS 8110.4
Fleetwood Sewer
WSI #1
RFSD
Midpoint Park
of $14,112.63 be and is hereby transferred
reimbursement of administrative costs for
such sum shall and is hereby transferred from:
$7,973.00
503.64
266.32
571.05
147.40
198.76
$ 332.04
1,635.62
2,092.48
392.32
Seconded by: Councilwoman Paino
Roll Call Vote: 5 Ayes 0 Nays
The following resolution was offered by SUPERVISOR VERSACE
who moved its adoption:
WHEREAS, the Town of Wappinger is in receipt of the sum of
$150,000.00 from the Pizzagalli Development Company in accordance
with a resolution duly adopted March 7, 1983, and
WHEREAS, said $150,000.00 upon receipt was deposited to the
T. & A. Account pending a Town Board decision as to its use, and
WHEREAS, the Town Board has determined, under Item #4 of the
duly adopted resolution of March 7, 1983, the project would be
and is a burden upon the facilities of the Sewer Improvement
Area #1 Area,
NOW, BE IT RESOLVED, that the sum of $150,000.00 plus any
and all interest borne to date of transfer be and is hereby
transferred from T. & A. #9200.1 to Sewer Improvement #1,
Account SS5-2705.0 and,
BE IT FURTHER RESOLVED, such sum shall be used for the
purpose upgrading and improving the facility of the district
by way of equipment and/or construction.
Seconded by: Councilwoman Paino
Roll Call Vote: 4 Ayes Mr. McCluskey ---Nay
Mr. Versace explained, prior to the vote on the resolution,
that there had been a question in the past where this money
should be placed, however, all evidence indicates that it should
be placed in WSIA#1 since this is the only Town facility utilized
by the Pizzagalli building. The money will be used for improve-
ment to the district and will not be applied to its operation
and maintenance.
Mr. McCluskey asked the Attorney if it was legal to apply this
money to one district and Mr. Kessler referred to a Town Board
resolution adopted March 7, 1983 which stated in part
"Said monies shall be utilized for those projects, as determined
by the town board, which will alleviate or diminish the burden
placed on public services or facilities by the construction of
the proposed facility". Mr. McCluskey then questioned if Audit
and Control would approve of this transfer ----response from the
Attorney ---a previous opinion of Audit and Control states that
any donation of monies to the Town must be used for the purposes
it was intended for and the Town Board has determined that the
building would cause a burden to WSI#1; since the money was ,
intended to diminish the burden placed on public facilities,
and using this money would diminish the burden, the answer was
yes, it would be approved by Audit and Control.
Mr. McCluskey added that he could not support the transfer
since he felt that the construction of this building will have
an impact on the whole Town and the money should go to a fund
which would benefit all Town residents. A roll call vote was
then taken on the resolution transferring monies from Pizzagalli
to WSI#1.
The following resolution was offered by SUPERVISOR VERSACE
who moved its adoption:
WHEREAS, the Town of Wappinger has consortium monies hereto-
fore allotted for 1983 and,
WHEREAS, the cost of the project to provide facilities for
the handicapped at the Robinson Lane Recreation Site are in
excess of the monies allotted for such project under the
Emergency Job Program, and
WHEREAS, such excess of the cost of the project is approxi-
mately $8,600.00,
NOW, BE IT RESOLVED, the sum of $8,600.00 be and is hereby
allotted from 1983 consortium monies to the Robinson Lane Project
for the handicapped.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes Mr. McCluskay---Nay
Before this resolution was considered by the Board, Mr. Versace
noted that two bids for Robinson Lane Recreation Facility,
Addition to the Recreation Building and Handicap Restroom
Facility had been received and opened on the 30th day of July,
1984. The firm of B/D Contracting bid $79,300.00 and the firm
of Matthew Idema General Contractors, Inc. bid $75,625.00.
MR. VERSACE moved to reject both bids on this project on the
basis that the amounts were too high for the project.
Seconded by Mr. Incoronato
Roll Call Vote: 4 Ayes Mr. McCluskey ---Abstained
Mr. Versace then referred to a communication from B/D Contracting
dated August 3, 1984, indicating that they would honor a previous
bid in April for the Robinson Lane Handicap Facilities (bid price,
$23,000.00) and they offered to further construction for a
total amount of $30,000.00. Their bid for the Handicap Facilities
in the amount of $23,000.00 was rejected by the Board at their
Special Meeting of April 12th, 1984 based on the fact that one
bid was received in excess of the funds allocated by the County
for this project.
MR. VERSACE moved to rescind the resolution of April 12th, 1984
rejecting the bid from B/D Contracting for the Robinson Lane
Handicap Facilities and award the bid to B/D Contracting in the
amount of $23,000.00 for the Handicap Facilities.
Seconded by Mr. Incoronato
Roll Call Vote: 4 Ayes Mr. McCluskey --Nay
During the discussion that followed, Mr. Versace explained that
the Town had been allotted $14,400.00 from the County Consortium
Funds under the Emergency Job Program and the remaining $8,600.00
would be provided from 1983 Consortium monies as per first
resolution.
1)
The following memo re Federal Revenue Sharing, Handicapped
ORS, Section 504 was received from Amelia Crosby, Comptroller:
At the Town Board Meeting of June 4, 1984, we adopted a Grievance
Procedure for "non-discrimination against the handicapped" rule.
I request the passage of the following items 5, 6, and 7 to be
added to and become part of this procedure.
Procedure for Violation of Discrimination Against the Handicapped
1. Written notice of discriminatory action to Supervisor.
2. Supervisor action within (20) twenty day investigative
period with relative department, i.e., Highway, Recreation,
General Office, etc., and report from such department.
3. Meeting within (10) ten days following investigative period
with plaintiff, Supervisor, a Town Board Member and relative
department representative.
4. Written report of findings to plaintiff no later than (40)
forty days after receipt of initial written notice to
Supervisor.
(above were adopted 6/4/84)
MRS. PAINO moved to adopt the following additional items for
the Procedure for Violation of Discrimination Against the
Handicapped:
5. If plaintiff disagrees with the report of the findings,
he/she may appeal to the Town Board for a hearing with
the Board and two representatives to be known as the Appeal
Board for the Handicapped, such meeting to take place within
(10) ten days of written request for such hearing at which
time plaintiff may present any and all arguments, affidavits,
and witnesses to further his appeal.
6. Findings of the Appeal Board for the Handicapped are final
and notification of such findings shall be sent to the
plaintiff in writing not later than (10) ten days after
such hearing.
7. Plaintiff may seek further remedy if necessary by filing
a Section 504 Complaint with the Office of Revenue Sharing,
2401 E. Street N.W., Washington, D.C. 20226.
Seconded by: Mrs. Ballard
Roll Call Vote: 5 Ayes 0 Nays
MR. VERSACE moved to adopt the following Order:
In the Matter
of
the Construction of Improvements
in the Central Wappinger Water
Improvement Area in the Town of
Wappinger, Dutchess County,
New York, and the Maximum Amount
Proposed to be Expended Therefor
WHEREAS, pursuant to proceedings heretofore had and taken in
accordance with the provisions of Article 12-C of the Town Law,
the Town Board of the Town of Wappinger, Dutchess County, New
York, has established the Central Wappinger Water Improvement
Area in said Town and has authorized the construction of a
water system, consisting of water supply, water storage facilities,
water mains, pumping stations, and associated facilities and
appurtenant facilities and incidental improvements, in accordance
with a map, plan and report relating thereto, at a maximum
estimated cost of $3,200,000; and
WHEREAS, it now appears that the aforesaid improvement must
be modified and that the maximum estimated cost of $3,200,000
must be increased by $202,000, to a new maximum estimated cost
of $3,402,000, pursuant to Section 209-q(5) of the Town Law; and
WHEREAS, a new map, plan and report relating to the improve-
ments to be constructed in Central Wappinger Water Improvement
Area, as modified, has been filed in the Town Clerk's office and
is available for public inspection ; and
WHEREAS, the Town Board of the Town of Wappinger duly adopted
an order on September 26, 1983, calling a public hearing on the
question of modifying the improvements to be constructed in the
Central Wappinger Water Improvement Area and to increase the
maximum estimated cost to be expended for such improvements from
the sum of $3,200,000 to $3,402,000, such public hearing being
called for the 26th day of September, 1983, at the Town Hall,
Wappingers Falls, in Dutchess County, New York, in said Town
at 6:45 o'clock P.M., Prevailing Time;and
WHEREAS, the notice of said public hearing was duly posted
and published as required by law and proof of such publication
and posting has been presented to this Town Board; and
WHEREAS, said public hearing was duly held at the place and
time aforesaid at which all persons desiring to be heard were
duly heard; and
WHEREAS, subsequent to such public hearing said Town Board
duly made an application to the Comptroller of the State of New
York for an order consenting to such increase; and
WHEREAS, an order consenting to such increase was granted
by the Comptroller of the State of New York on July 5, 1984,
in which the State Comptroller, after due deliberation, found
and determined:
1) That the public interest will be served by the proposed
increase in the maximum amount to be expended for said
Central Wappinger Water Improvement Area;
2) That the additional amount to be expended for such
purpose will not be an undue burden upon the property
of Central Wappinger Water Improvement Area; and
WHEREAS, said Town Board has duly considered such matter
and the evidence given at said public hearing; NOW, THEREFORE
BE IT
ORDERED, by the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
Section 1. It is hereby found and determined, upon the
evidence given at said public hearing, that it is in the public
interest and necessary to modify the improvements to be constructed
in Central Wappinger Water Improvement Area and to increase the
maximum estimated cost to be expended for such improvements from
the sum of $3,200,000 to $3,402,000, pursuant to Section 209-q (5)
of the Town Law.
Section 2. This order is effective immediately.
Seconded by: Councilwoman Paino
Roll Call Vote: 5 Ayes 0 Nays
/3
The following resolution was offered by COUNCILMAN INCORONATO
who moved its adoption:
BOND RESOLUTION DATED AUGUST 6, 1984.
A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL
$202,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS
COUNTY, NEW YORK, TO PAY CERTAIN ADDITIONAL COSTS OF THE
CONSTRUCTION OF A WATER SYSTEM TO SERVE THE CENTRAL
WAPPINGER WATER IMPROVEMENT AREA OF SAID TOWN.
WHEREAS, by proceedings heretofore duly had and taken
pursuant to the provisions of Article 12-C of the Town Law,
the Town Board of the Town of Wappinger, Dutchess County,
New York, has established the Central Wappinger Water Improve-
ment Area in said Town, has approved construction of a water
system therefore at a maximum estimated cost of $3,200,000
and has authorized the issuance of $3,200,000 serial bonds
of said Town to pay the cost thereof; and
WHEREAS, by proceedings subsequently duly had and taken
pursuant to the provisions of Article 12-C of the Town Law,
said Town Board has determined it to be in the public interest
and necessary to modify the improvements to be constructed in
the Central Wappinger Water Improvement Area and to increase
the maximum estimated cost to be expended for such improvements
from the sum of $3,200,000 to $3,402,000, an increase of $202,000
over that previously authorized; and
WHEREAS, it is now desired to authorize the issuance of an
additional $202,000 serial bonds of said Town to pay such additional
costs, NOW THEREFORE,
BE IT RESOLVED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. For the specific object or purpose of paying
additional costs of the construction of a water system for the
Central Wappinger Water Improvement Area in the Town of Wappinger,
Dutchess County, New York, there are hereby authorized to be
issued an additional $202,000 serial bonds of the Town of
Wappinger, Dutchess County, New York, pursuant to the provisions
of the Local Finance Law.
Section 2. The plan for the financing of the aforesaid
specific object or purpose is as follows:
a) By the issuance of the $3,200,000 serial bonds authorized
to be issued therefore pursuant to bond resolution dated October
10, 1972; and
b) By the issuance of the additional $202,000 serial bonds
of said Town authorized to be issued pursuant to this bond
resolution.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is forty years, pursuant to subdivision 1 of paragraph a of
Section 11.00 of the Local Finance Law, computed from July 5,
1973, the date of issuance of the first bond anticipation note
issued in anticipation of the sale of bonds authorized to be
issued pursuant to the aforesaid bond resolution dated October
10, 1972. It is hereby further determined that the maximum
maturity of the serial bonds herein authorized will exceed
five years.
Section 4. 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, 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, consistent with the provisions of the Local Finance
Law.
Section 5. The faith and credit of said Town of Wappinger,
Dutchess County, New York, are hereby irrevocably pledged to
the payment of the principal of and interest on such obligations
as the same respectively become due and payable. There shall be
annually apportioned and assessed upon the several lots and
parcels of land within said Central Wappinger Water Improvement
Area which the Town Board shall determine and specify to be
especially benefited by the improvements, an amount sufficient
to pay the principal and interest on said obligations as the
same become due, but if not paid from such source, all the
taxable real property in said Town shall be subject to the
levy of ad valorem taxes without limitation as to rate or
amount sufficient topay the principal of and interest on said
obligations as the same shall become due.
Section 6. The validity of such bonds and bond anticipation
notes 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
provisioans of the Constitution.
Section 7. This resolution, which takes effect immediately,
shall be published in full in the W & S. D. News, the official
newspaper, together with a notice of the Town Clerk in sub-
stantially the form provided in Section 81.00 of the Local
Finance Law.
Seconded by: Councilwoman Ballard
Roll Call Vote: SAyes 0 Nays
In the matter of Aquifer Testing for the Central Wappinger
Water Improvement Area, Mrs. Ballard reported that the Board
had interviewed five professional firms in April and May and
viewed presentations by these firms. The Board also consulted
with the Engineer to the Town on these presentations.
MRS. BALLARD moved to award the contract for Aquifer Testing in
CWWIA to Dun Geoscience Corp., Latham, New York, in the amount
not to exceed $30,000.00 and authorized the Supervisor to sign
said contract after review and approval by the Attorney to the
Town.
Seconded by Mrs. Paino
Motion Unanimously Carried
The following resolution was offered by COUNCILWOMAN PAINO
who moved its adoption:
WHEREAS, the Town of Wappinger has applied for and received
approval for consortium monies, CBDG, to be used for Aquifer
Tests, and
WHEREAS, the Town Board has awarded a contract for such
tests,
NOW, BE IT RESOLVED, the sum of $30,000.00 of such consortium
monies heretofore allotted the Town of Wappinger for 1983 be applied
to the costs of such project to cover the cost of the contract
and any additional costs involved.
Seconded by: Councilwoman Ballard
Roll Call Vote: 5 Ayes 0 Nays
The Town Board had previously approved a request from Mr.
Strazdins to become a tenant to CWWIA due to extreme urgency
to supply acceptable water to his three tenants at 143 Myers
Corners Road although his property lies within the franchise
area of Atlas Water Company. Since then Mr. Strazdins learned
that there were no water lines accessible to him and has requested
a refund of the fees paid to hook into the system, plus the meter
and permit.
The following resolution wasoffered by SUPERVISOR VERSACE who
moved its adoption:
WHEREAS, Mr. I. Strazdins has paid and the Town of Wappinger
is in receipt of the sum of $625.00 for fees involved with his
property on 143 Myers Corners Road becoming a tenant to CWWIA,
and
WHEREAS, it has been determined there are no water lines
accessible for thehook-up at this location,
NOW, BE IT RESOLVED, the sum of $625.00 be and is hereby
to be refunded to Mr. Strazdins from CWWIA Account #2148.0-$525.00
and from Account #2665.0-$100.00.
Seconded by: Councilwoman Paino
Roll Call Vote: 5 Ayes 0 Nays
A memo was received from Mrs. Crosby informing the Board that
the Building Inspector, Hans Gunderud will be on vacation for
the period August 6th thru August 31st. It has been arranged
for the Zoning Administrator to cover and perform the duties
of his office in his absenee at additional compensation of
$50.00 per week.
/4.
The following resolution was offered by SUPERVISOR VERSACE
who moved its adoption:
RESOLVED, the Zoning Administrator, Pamela Farnsworth, be
compensated in theadditional sum of $200.00 for the period
August 6th to August 31st, 1984, such compensation to cover
additional duties involved for coverage of the Building Inspector
while on vacation. Such sum to be charged to Building Adminis-
tration Account #3620.1.
Seconded by: Councilwoman Paino
Roll Call Vote: 5 Ayes 0 Nays
The following resolution was offered by COUNCILWOMAN PAINO
who moved its adoption:
WHEREAS, the Town Board of the Town of Wappinger has
established a Capital Reserve Fund by resolution duly adopted
November 4, 1974 for land and buildings for a Town Hall site, and
WHEREAS, the Town of Wappinger anticipates additional monies
are required for the commencement and completion of the Town Hall
project, and
WHEREAS, it is anticipated the amount needed in addition to
the monies in the Capital Reserve Fund is approximately and not
to exceed $700,000,
NOW, '1kiiREFORE BE IT RESOLVED, in accordance with General
Municipal Law, Section 6C and 6G, and Local Finance Law, Section
35, the Town Board of the Town of Wappinger shall publish a
Notice of Permissive Referendum, and
BE IT FURTHER RESOLVED, the Town Clerk is hereby ordered to
have such Notice of Permissive Referendum published in the August
8th, 1984 issue of the Wappinger and Southern Dutchess News.
Seconded by: Councilwoman Ballard
Roll Call Vote: 5 Ayes 0 Nays
Unfinished Business ----
A letter was received from Robert Dietz, Attorney. representing
Theresa Hamilton concerning the water run off on her property;
he had written previously on June 18, 1984 concerning this
problem and asked if the Town had resolved anything.
Mr. Evangelista reported that he was still working on this matter.
Mr. Versace tabled this to the August 20th, 1984 meeting.
The following letter was received from Deborah A. Howe, Dutchess
County Grants Coordinator:
/9
July 25, 1984
Frank Versace, Supervisor
Town of Wappinger
P.O. Box 324
Wappingers Falls, NY 12590
Dear Supervisor Versace:
This is in response to two letters from Ms. Elaine Snowden
sent June 19, 1984, and June 29, 1984, regarding the 1983
Town of Wappinger Community Development funds.
I apologize for the misperception on the part of the Planning
Department regarding the Town's commitment to building the
town hall and senior citizen center. Not having been involved
in the Urban County program until March of this year, I cannot
say how this perception evolved.
A senior citizen center is an eligible activity for CD funding.
The acceptance by the U. S. Department of Housing and Urban
Development of the 1983-84 Program Activity Statement is only
the first step in project approval. All activities must be
subjected to a rather specific environmental review process
which at times can be lengthy due to the jurisdiction of other
agencies and publication requirements. After the project is
granted environmental clearance, it is necessary to submit a
request for release of funds to HUD. This is also a time
consuming procedure because a certain amount of time has to
elapse between the publication of a public notice and HUD's
processing of the paperwork.
Although the senior citizen center is an eligible activity,
it was not accepted and approved to the point where funds
were available.
You should note that we did submit this project to the State
Historic Preservation Office in early May. On June 26, 1984,
we received clearances from them with respect to historic
structures. They did, however, mandate an archeological study.
Last year was a learning experience for all of us. I feel,
however, that we have made great progress in addressing many
of the stumbling blocks.
Sincerely,
s/ Deborah Howe
Grants Coordinator
MRS. PAINO moved to receive this letter and place it on file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
A recommendation was received from the Recreation Commission
regarding the Recreation Barn on Montfort Road.
Mr. Versace noted that a work shop session would be held at the
end of August, 1984 at which time the Board would discuss this
with the Recreation Commission.
The Town still has a vacancy for the position of Dog Control
Officer.
Mr. Versace reported that the Board would interview two or three
I
applicants next Thursday.
MR. VERSACE moved to table this matter to the August 20th, 1984
meeting.
Seconded by Mrs. Paino
Motion Unanimously Carried
The matter of the request for a Cablevision Franchise Amendment
from U. S. Cablevision still remained to be considered by the
Town Board.
A meeting would be held tomorrow night with the Cable Committee
of the Town and representatives from the Cable Company at which
time they will discuss recommendations from the Committee.
MR. VERSACE moved to table this matter to the August 20th, 1984
meeting.
Seconded by Mrs. Paino
Motion Unanimously Carried
At the last meeting a request was received from John Ricci to
become a tenant to the Rockingham Farms Sewer District and the
Central Wappinger Water Improvement Area. There was a question
on whether Mr. Ricci's property was in the Rockingham District
and the matter was referred to the Engineer to determine if he
was in either of these districts or he would have to become a
tenant to one or both districts.
Mr. Evangelista recommended that the Board grant Mr. Ricci's
request for connection to the Rockingham Farms Sewer District
as a tenant subject to the following stipulations: 1. that the
applicant receive approval from the Dutchess County Department
of Health for this connection and 2. That the applicant be
responsible for any damage caused to the Rockingham Farms Sewer
lines while he and/or his contractor is constructing the driveway
and grading property.
MR. VERSACE moved to grant permission to John Ricci to connect
to the Rockingham Farms Sewer District, subject to all conditions
of the Town Tenant Policy and further subject to the following
two stipulations recommended by the Engineer to the Town:
1. That the applicant receive approval from the Dutchess County
/7
Department of Health and 2. That the applicant be responsible
for any damage caused to the Rockingham Farms Sewer lines while
he and/or his contractor is constructing driveway and grading
property.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Mrs. Snowden had no further information on the next item on the
Agenda---Stoetzel & Jambes request for Special Permit for a
trailer park, however, Tom Halley, Attorney representing the
applicants was present to speak to the Board. He reviewed the
history of the application and requested a preliminary "scoping"
session with the Town Board so they could be sure of the Town's
concerns regarding the Environmental Impact Statement.
Mr. Versace said he would check the schedule and notify Mr. Halley
when the Board would entertain him and the applicants at a work
shop session which he thought could not be until the beginning of
September.
A report was received from the Highway Superintendent advising
the Board that the boat ramp in Chelsea was blacktopped as of
August 1st, 1984 and the easement on Karl Housenecht's property
at 6 Dogwood Hills Road has been repaired.
MRS. PAINO moved to accept this report and place it on file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
The Comptroller forwarded a financial report of the Town to
Mr. McCluskey as requested by him in letter dated June 28th,
1984 addressed to the Comptroller.
Mr. McCluskey reiterated the items he had requested in his
letter and stated that he did not know what she had responded
to him ----it was not the items he had requested and it was not
complete.
Mrs. Crosby responded that most of the information he requested
could be derived from the 1984 budget in conjunction with the
Supervisors Annual Report of 1983. She provided him with the
actual unexpended balance as of 12/31/83, the actual balance as
P-6
of 7/18/84 and notes of explanation on this report. The
computerized report from June, which was copied to the Town
Board gives the full bedget report and the balance in all
accounts. The Federal Revenue Sharing account was reflected
in her report. She added that everything he requested was
given to him.
Mr. McCluskey thanked Mrs. Crosby and replied that he would
take her report to an accountant and come back with questions
at the next meeting.
Mrs. Ballard had a question on the mortgage tax receipts and
asked for further clarification and Mrs. Crosby responded that
in the anticipated unexpended balance, the A fund amount is
$324,859, however, the mortgage tax money is received in June
and December which is credited to the A fund and should be
deposited to that fund. For a number of years it was deposited
to the B fund; in October of 1983, the money for the June allott-
ment and the previous year's mortgage tax was transferred from
the B account to the A account where they belong ---as a result
the unexpended balance was increased to $571,684. Since the
budget for 1984 was prepared in October of 1983, the increase
did not appear until 12/31/83 when the unexpended balance was
actually a reality.
MR. VERSACE moved to receive this report and place it on file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Mrs. Snowden reported that she had received a Tax Review from
Channel HOme Centers, Inc. which was served on the Assessor
this day.
MR. VERSACE moved to refer the Tax Review to the Attorney to the
Town to defend on behalf of the Town of Wappinger.
Seconded by Mrs. Paino
Motion Unanimously Carried
MR. MCCLUSKEY moved to authorize the Comptroller to advertise
for Sludge Removal and Chemical Purchases for the Town.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mrs. Garrison, Bookkeeper wrote to the Town Board requesting
the following transfer:
The following resolution was offered by SUPERVISOR VERSACE
who moved its adoption:
RESOLVED, that the sum of $2,809.00 be and is hereby
transferred from Water Enterprise Fund CWWI 2701.0 to Townwide
A 2701.0.
Such monies being a refund of prior years expenditures
erroneously transferred to CWWI as per Town Board Resolution
on July 17, 1984.
Seconded by: Councilwoman Paino
Roll Call Vote: 5 Ayes 0 Nays
The Board had previously requested a cost estimate from Morris
and Andros for studies on infiltration for WSI#1 and the possibil-
ity of the Oakwood plant handling future flow and alternatives
for the expansion of that system.
The following report was received from that firm and raad by
Mr. Evangelista:
August 3, 1984
Supervisor Frank Versace & Town Board
Town of Wappinger
Town Hall
14 Mill Street
Wappingers Falls, New York 12590
Re: Oakwood Sewer Treatment Plant
Gentlemen:
As we had discussed on Thursday night there appears to be
two (2) problems associated with the Oakwood Sewer Treatment
Plant. The first and most critical, as it effects anything
we do, is the infiltration problem which as we all know is
excessive. The second, of course, is the number of potential
customers etc. who may wish to connect to the Oakwood Sewage
Treatment Plant in the future taxing it beyond the design
capacity of the plant.
As the first step to resolving these problems we would
recommend that we be authorized to do the following:
1. If one does not presently exist, prepare a map of the
entire Oakwood District showing all lines and manholes along
with undeveloped land within the district; and
2. from this plan determine the key manholes to be
investigated in order to isolate areas of problem infiltration.
Once this has been accomplished, we will be prepared to take
readings both in dry weather and immediately upon the completion
of a heavy rainfall to locate and record high flow areas.
When this is done, we will provide to the Town a mapping of
the critical areas along with estimates of costs of corrective
action. The second step, although not included in this contract,
would be the actual implementation of the corrective action
which I truly believe in the case of Oakwood is the most
important item to be addressed.
In addition to our basic study of infiltration, we would
propose to study basic alternatives that the Town of Wappinger
might investigate in order to resolve the problem of excessive
future flow compared to existing plant capacity. Using the
above mentioned map we could determine the approximate future
flow based on present zoning. Using this figure we will then
investigate different alternatives that would be available to
the Town ie. stay in the existing location and expand to the
size necessary, move to a new location and develop a new
enlarged district and enlarged plant, or move to a new location
and build a plant just for the existing total Oakwood District.
This estimate will be accompanied by approximate cost estimates
in order that the Town Council can make a decision on which
concepts to investigate further,
The estimated probable total cost to the Town of Wappinger
for the project as described above is $10,000.00.
To allow for uncertainties which may arise and to facilitate
allocation of sufficient funds, a contingency amount of cost has
been calculated which represents the potential upper cost limit
(AUTHORIZED LIMIT) for work to be performed by Morris & Andros.
Only those costs incurred in the performance of the assign-
ment will be charged, but the sum total will not exceed the
AUTHORIZED LIMIT without prior approval of the Town of Wappinger.
To avoid misunderstanding, it is emphasized that the
AUTHORIZED LIMIT is an estimated maximum which is fully expected
to cover the services herein described, but no guarantee is
made or implied.
AUTHORIZED LIMIT OF THE TOTAL COST FOR THE SERVICES OF
MORRIS & ANDROS $12,000.00
If you should have any questions, please do not hesitate
to contact this office.
Very truly yours,
s/ Michael J. Morris, P.E.
Consulting Town Engineer
Mr. Nicholas Johnson, being recognized by the Chair, informed
Mr. Evangelista that some of the maps could be available from
the Tri -Municipal Project. Mr. Evangelista thanked him and said
he would check this out, it could be helpful to the firm.
MR. VERSACE moved that the firm of Morris & Andros be retained
to conduct a study of infiltration and possible alternatives for
expansion of the Oakwood Knolls Sewer Treatment Plant at a cost
of $10,000.00 and an additional $2,000.00 to allow for uncertainties
which may arise, authorized limit of $12,000.00, any further
expenditure to be approved by Town Board.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mr. Versace informed the Board that the Junior League Baseball
Team of the Town traveled to Latham, New York for state competition.
Regretfully, they lost the competition, however it has been
a Town Policy for the Town to assume the cost of the bus
transportation for the team players who travel over 50 miles
to their destination to participate in the League Competition.
The Baseball League has requested to Town to pay these expenses
and based on previous Town Policy, Mr. Versace agreed that the
Town of Wappinger would pay this voucher when they receive it.
Mr. Versace announced that he would be on vacation for two weeks
starting August 11, 1984 and Mr. Incoronato would be the Acting
Supervisor for that period of time.
Mr. Johnson, being recognized by the Chair, brought up the
fact that although the water meter program in Royal Ridge is
just about completed, he understands there is one individual
who is holding out and not allowing a meter to be placed on his
property. He felt that all customers should be paying their
metered rate at the same time and this is not happening. Some
are paying the new rate and some are still paying the unmetered
rate. He hoped the Town would not continue to allow this pro-
cedure.
Mr. Versace said they were aware of this individual in Royal
Ridge and there are others in different districts who are not
cooperating but the Attorney is investigating different avenues
they can take for these customers to cooperate or special charges
would be levied to equalize the rates the other residents are
paying.
Mr. Incoronato referred to the recently adopted Amendment to
the Junkyard Ordinance which affected three firms in the Town.
Since then one firm has ceased their operation, one firm has
applied for their license and the one remaining, Mid -Hudson
Auto Wreckers has not submitted their application to his
knowledge. He questioned the Town Clerk if one had been
received by her and Mrs. Snowden replied that it had not.
Mr. Incoronato requested the Attorney to consult with the
Zoning Administrator so he could determine what legal action
could be taken against this firm, and also enforcement of the
Zoning Ordinance.
ail
Mr. Incoronato's next question was to Mr. Hawksley, Chairman
of the Conservation Advisory Council in regard to the acquisition
of a parcel of land in the Green Fly Swamp which had been previously
been discussedby the Town Board and referred to Mr. Hawksley.
Mr. Hawksley responded that they were still putting the proposal
together and it was taking longer than they anticipated. They
were working on it.
There was no other business to come before the Town Board.
MR. VERSACE moved to adjourn the meeting, seconded by Mrs. Ballard
and unanimously carried.
The Meeting adjourned at 10:40 P.M.
Reg. Mtg. 8/6/84
Elaine H. Snowden
Town Clerk