1984-02-06 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
FEBRUARY 6, 1984
1. SUPERVISOR CALL. MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES ReOr.3anizational Jan. 2, '84 - Reg. Jan. 16, 1984
4. REPORTS OF OFFICERS:
Town Justices - Town Justices Annual Reports (Bulger, Francese, &
Wolfson) Receiver of Taxes Bldg. Insp. Zoning Adm.
Hydrant Report Supervisor/Compt. - Rec. Comm. 1983 programs Report
5. PETITIONS & COMMUNICATIONS
a. Resignation of Camilla Wygan from Cons. Adv. Council
b. R. Wm. Vrooman re: Drainage Problems
c. John Plamer re: Dogs running loose in Oakwood Knolls
d. Howard & Elizabeth Bennett re: Problem in relation to Carmel
Heights Dev.
e. Town of Poughkeepsie Notice of Public Hearing
f. Edward Hawksley re: Drainage Study by Cornell U. Students
g. Gary Tretsch re: Cranberry Hills Dev. sewer hookup
h. Consideration of Changing Date of February 20th meeting (Legal
Holiday)
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. U.S. Cablevision - providing rate increase request be referred
to N.Y.S. Comm., on Cablevision
b. Amend Salary for Justice Ct. Secretary
c. James Klein - Conservation Park District Petition for Kendell
Farms Subdivision (Set Public Hearing)
d. Local Law - Emergency Powers (Water)
8. UNFINISHED BUSINESS
a. Report from Engineer on Cashin Assc. request re: Cranberry Sewer`
b. Jos. Incoronato - member for Board of Ethics
c. B/D Contracting - rezoning request
d. Report from Attorney/Engineer on Agreement with County re:
Stream Cleaning in vicinity of Losee and Myers Corners Roads
e. Bid from Ben Ceccone for Sewer Imp. #1 Contract #1 Extension #5
f. Nelson Gonzalez re: Drainage District
g. Assessors report re: A. Totten zoning request
h. Attorneys opinion as to Rec. Comm. expending Town monies on Soho
properties
i. Bud Carlquist, Real Property Tax Service Director, re: Updating
Assessment Rolls for Town through County Computor
9. NEW BUSINESS
10. ADJOURMENT
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The Regular Bi -Monthly Meeting of the Town Board of the Town
of Wappinger was held onFebruary 6th, 1984 at the Town Hall,
Mill Street, Village of Wappingers Falls, Dutchess County,
New York.
Supervisor Versace opened the meeting at 8:00 P.M.
Present:
Frank Versace, Supervisor
Renata Ballard, Councilwoman
Joseph Incoronato, Councilman
Gerard McCluskey, Councilman
Irene Paino, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Bernard Kessler, Attorney to the Town
Michael Morris, Engineer .( Morris & Andros Engineering Firm)
The meeting started with the Pledge of Allegiance to the American
Flag.
The Minutes of the Reorganizational Meeting on January 2, 1984,
and the Regular Meeting on January 16, 1984, having previously
been sent to all Board Members, were placed before them for their
consideration.
MRS. PAINO moved that the Minutes, as stated, be and they are
hereby approved as submitted by the Town Clerk.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Reports were received from the Town Justices (Annual Reports from
Judge Bulger, Judge Francese and Judge Wolfson), Receiver of Taxes,
Building Inspector, Zoning Administrator, Hydrant Report for January,
Recreation Commission Annual Report for 1983.
Mrs. Paino noted that the Board had not received a report from the
previous Receiver of Taxes for December and requested that this
report be received by the next Town Board meeting.
Mr. Versace explained that the Supervisor/Comptroller Report had
not been received for January due to the fact that the accountant
firm had just closed the books for 1983 and the bookkeeper was
still posting these figures. The January and February report
will be submitted during the month of February.
MR. INCORONATO moved to accept the reports received and place them
on file.
Seconded by Mrs. Paino
Motion Unanimously Carried
A letter of resignation was received from Camilla Wygan, a member
of the Town of Wappinger Conservation Advisory Council, effective
January 30, 1984.
MR. INCORONATO moved to accept Mrs. Wygan's resignation with regret
and gratitude for her help in making the Council one of the best
in the state.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Mr. R. William Vrooman, 57 All Angels Hill Road, wrote to the
Board complaining of drainage problems reoccurring in his back
yard.
Mr. Morris submitted a memo from his office explaining that a
representative from Morris & Andros met with Mr. Vrooman to
discuss concern and they planned to investigate the situation
further and advise the Board of their findings.
MRS. PAINO moved to table this matter to the next Town Board
meeting for a report from the Engineer.
Seconded by Mrs. Ballard
Motion Unanimously Carried
A letter was received from John Palmer, 48 Robert Lane, complaining
of dogs running loose without supervision in the Oakwood Knolls
area.
Mrs. Paino reported that Kenneth Brown, Dog Control Officer, had
been notified and had visited the people in violation of the Dog
Law and explained the Law to them. If they did not comply within
a few days he would pursue the matter further with them.
MR. INCORONATO moved to receive the letter and place it on file.
Seconded by Mrs. Paino
Motion Unanimously Carried
The Town Clerk received a letter from Howard and Elizabeth Bennett,
10 Sherwood Heights regarding problems in relation to the Carmel
Heights Development. A previous letter from them to Mr. Gunderud
3
was enclosed with the request that it be made part of the record
of this meeting.
December 27, 1983
Mr. Hans R. Gunderud
Building Inspector &
Zoning Administrator
Town of Wappinger
Town Hall
Wappingers Falls, NY 12590
Dear Mr. Gunderud:
Once again I would like to call attention to the fact that Z & M
Company (developers of Carmel Heights) have not complied with the
conditions set forth when their various permits were granted:
1) They have not corrected the drainage from their
Property onto mine as was regmired.
2) They have not protected the property on which
their construction is taking place from erosion
as required in the E.I.S. statement.
3) They have not constructed any collection pools
for run-off water as required in the E. I. S.
statement.
4) They have not provided the storm sewer requirements
that were set forth; namely, a collection ditch
across the roadway near the foot of the hill. This
ditch was to have been constructed and covered with
a steel mesh cover before their final subdivision
permit was granted.
Z & M have not shown any intention of meeting the above-mentioned
conditions imposed upon them as prerequisites for plan approval.
I am enclosing a set of photographs taken during the most recent
rain storm (12/13/83) at about 10:00 A.M. If you will compare
these to the two other sets provided to the Planning Board over
the past two years, you will see that little or no corrective
action has been taken.
I have written to the Planning Board; I have written to Mr.
Diehl; I have talked with Mr. Croshier; and I have had Mr.
Versace here during one recent heavy storm to personally
witness the havoc being wrought because of the indifferent
attitude of the developers.
In addition to the water, mud, and destruction of my lawn, the
cellar wall on the south end of my house has started to leak
for the first time in the twenty-four years that we have lived
here. Continued water build-up in the soil on that side of my
house will permanently damage the foundation of my home.
The D.E.C. in New Paltz recommended that the town officials hold
up building and/or occupancy permits for the new houses until
the violations are corrected.
I certainly would appreciate some positive action in correcting
the problems mentioned --and as soon as possible --since the
buildings on the hill appear to be nearing completion.
Sincerely,
s/ Howard G. Bennett
Mr. Gunderud responded to this letter and indicated that the
developer has complied with his requirements and when unusual
problems have developed he fully cooperated with him, the Town
Engineer and other agencies to correct the problems in a very
timely manner.
Mr. McCluskey suggested that this correspondence be forwarded
to the Engineer to the Town; Mr. Incoronato pointed out that
Mr. Gunderud's letter had been copied to Ronald Evangelista.
MR. INCORONATO moved to receive this correspondence and place
it on file.
Seconded by Mrs. Paino
Motion Unanimously Carried
A Notice of Public Hearing was received from the Town of
Poughkeepsie on an Amendment to the Zoning Ordinance on the
15th day of February, 1984.
MR. INCORONATO moved to receive this notice and place it on file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Mr. Hawksley, Chairman of the Conservation Advisory Council had
requested to be placed on the Agenda to address the Town Board
on the Drainage Study completed by the Cornell University students.
Mr. Hawksley presented the report and map to the Town Board and
explained that this study had been approved by the previous
Town Board and was completed last November and reviewed by the
Council. He felt that the study was not completed to the stage
they had agreed upon; the text was extensive as was the field
work and it appeared to be 95% complete. The remaining 5/
included the calculations to determine the adequacy of the
culverts according to the material that was developed which was
based on 25 and 50 year flood frequency storms and he pointed out
examples on the map that showed significant changes. He suggested
that the report be forwarded to the Engineer for his comments.
MR. VERSACE moved to refer the Drainage Study to a future work
shop session with Mr. Hawksley, the Engineer and the Town Board
for further discussion.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Mr. Gary Tretsch of Cashin Associates, wrote to the Board as a
follow up to his December 19, 1983 letter regarding Cranberry
Hills Development sewer hookup. His previous letter had been
referred to the Engineer at the January 16th, 1984 meeting.
Mr. Morris submitted a memo from his office explaining that they
were looking into seven alternates to hooking Cranberry Hills into
the Town sewer line. It was Mr. Tretsch's opinion that the Town
was responsible for paying for a tie in between their property and
the sewer line. The Engineer differed with this opinion but they
were investigating the legalities of whose responsibility it was
and would have a further report for the Board.
MR. VERSACE moved to table this matter to the next Town Board
meeting for a report from the Engineer.
Seconded by Mrs. Ballard
Motion Unanimously Carried
The Town Clerk asked the Board if they wished to consider changing
the date of the next Town Board meeting since the original date of
the meeting is February 20th (Washington's Birthday).
MR. VERSACE moved to change the date of the next Town Board meeting
from February 20th, 1984 to February 21st, 1984, due to the holiday
falling on the scheduled date of the meeting.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mr. McCluskey stated that he would not be present at the next
Town Board meeting since he intended to attend the Association of
Towns meeting in New York and he would pay his own expenses.
Under Committee Reports -- Health and Safety, Mrs. Ballard submitted
a resolution for the Board's consideration which would prohibit
smoking in the Town Hall.
The following resolution was offered by COUNCILWOMAN BALLARD who
moved its adoption:
WHEREAS, the Town of Wappinger meets at Town Hall on Mill
Street in rather crowded quarter, and
WHEREAS, many persons attending the various meetings and
public assemblies at Town Hall have been enjoying smoking therein,
and
WHEREAS, it has been determined by the Surgeon General of
the United States that smoking may be hazardous to persons health,
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town
of Wappinger that smoking be and the same is hereby prohibited
during public meetings and assemblies in the said Town Hall.
Seconded by: Councilwoman Paino
Roll Call Vote: 5 Ayes 0 Nays
Mrs. Ballard commented that if the Supervisor wished to call a
five minute recess during the meeting for those who wished to go
outside to smoke, she was sure no one would object.
Mrs. Paino added that ash trays were available behind the screened
partition in the room for those who wished to go outside dao smoke
so there would be no problem with littering outside the Town Hall.
On Housing and Building Committee, Mrs. Ballard reported that Mr.
Galderisi had started the cleaning services for the Town offices;
he has procured a $100,000.00 liability insurance for bodily injury
and property damage effective January 30, 1984 with Pennsylvania
Insurance Company. A letter to this effect is on file with the
Comptroller and the Certificate of Insurance will be forwarded
by the insurance company to the Comptroller.
The second item under Housing and Building Committee Mrs. Ballard
reported on referenced a request from Hayward and Pakan Associates
for authorization to perform test borinys and other subsurface
investigation related to the proposed Town Hall project at a cost
not to exceed $2,500.00.
MRS. BALLARD moved to approve the expenditure of no more than
$2,500.00 from the Capital Building Fund for the test borings
requested by Hayward and Pakan Associates.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mrs. Paino, Airport Committee, referred to a complaint received
from a resident at the last Town Board meeting regarding large noisy
aircraft in the vicinity at approximately 10:45 P.M. on January 15th,
1984. Upon checking with the Commissioner of Aviation Mrs. Paino
learned that there wase no aircraft landings at the airport between
10:30 and 11:00 P.M. that night and Mr. Whited offered the informa-
tion that the Dutchess County Airport is in the flight pattern
leaving Stewart Air Force Base and the aircraft in the area could
1)
1
have been one leaving Stewart.
Landfill Committee --Mrs. Paino reported that the Engineer will be
instructed to make application to the Dutchess County Department
of Health and the New York State Department of Environmental
Conservation for approval to open the Castle Point site for the
Spring and Fall Clean-up and also for the first Saturday of the
month program which will probably begin after the Spring Pick-up.
Mr. Croshier, Highway Superintendent, had indicated to Mrs. Paino
that he preferred the Spring Pick-up to be in April which would
leave the men free to work on the roads when the warmer weather
sets in.
Mr. Incoronato, Water and Sewer Committee, reported that the Town
was one step closer to a computerized water system. The Board met
with Jim Vesti from Central Installation Corporation at work shop
session and he reported that the first shipment of meters would be
around the lst of March, 1984 and they will be delivered at about
500 monthly until the total amount of 2,200 meters is received.
The cost of each meter in $40.00, total of $88,000.00, cost of
installation, $68,000.00, grand total of $156,000.00. The first
district to receive the meters will be Mid -Point Park since their
charge is a flat rate and it will help motivate these residents to
conserve their usage, also it will be a better means to reallocate
the operating expenses back to the actual consumers. He noted that
the Town of Poughkeepsie has been using these meters for six years
with no problems. Installation should be completed by October or
November.
Mr. McCluskey had concerns about cost overrun in the Town, also
questioned if all homes had shut off valves and what would they do
if residents refused to allow them on their property to install the
meters.
Mr. Versace commented that the contract was being reviewed by the
Attorney and he could take Mr. McCluskey's concern into considera-
tion on owner's refusal of entry on their property.
Mr. Incoronato pointed out that the Town of Poughkeepsie did have a
problem in a cost overage but they did run into problems with older
pipes. In regard to shut off valves, his development went back to
1961 and did have shut off valves so he would have to assume that
that this came under Planning BoaL:d requirements. He added that
all legalities will be addressed by Mr. Kessler and felt that Mr.
McCluskey's concerns had been answered.
Mr. Versace reported that he had attended a meeting of the
Supervisor's Association in Hyde Park on January 25, 1984.
Supervisor Bartles of Hyde Park would represent this Association
at the Association of Towns Meeting in New York this month.
Mr. Versace reiterated the nine resolutions that Mr. Bartles
would introduce at this meeting as a delegate of the Supervisor's
Association.
A resolution providing that a rate increase request from U. S.
Cablevision be referred to the New York State Commission on
Cablevision had been tabled from the last meeting for the
Attorney's review and recommendation. It was the opinion of the
Attorney that the resolution should be adopted unless the Board
chose to hold another public hearing and consider the increase
request of the cable company based upon comparable rates being
charged in other towns.
The following resolution was offered by COUNCILWOMAN BALLARD
who moved its adoption:
WHEREAS, an application has been made by the U. S. Cablevision
Corporation for a rate increase,
WHEREAS, on or about June
set forth in the minutes of the
rate increase was denied by the
and
13, 1983, for reasons more fully
Town Board, said application for a
Town Board, and
WHEREAS, under the provisions of Section 13 of the agreement
between the town and U. S. Cablevision Corporation, provision is
made for review of rate increases by the New York State Commission
on Cable Television where such rate increases are denied by the
Town Board,
NOW, BE IT RESOLVED that the issue of rate increases as to
the franchise between U. S. Cablevision Corporation and the Town
of Wappinger be referred to the New York State Commission on Cable
Television for Commission to hear and resolve.
Seconded by: Councilman Incoronato
Roll Call Vote: 5 Ayes 0 Nays
The following letter was received from Judge Carl Wolfson request-
ing the Town Board to amend the salary of the Justice Court Secre-
tary:
January 20, 1984
Frank Versace, Town Supervisor
Town Board/Town of Wappinger
Town Hall/324 Mill Street
Wappingers Falls, New York 12590
Dear Supervisor and Members of the Town Board:
As I think you are all aware, our clerk is presently
being paid the sum of $7,875.00, less than any other full
time employee in the same category of work. She has advised
us that unless some adjustment can be made in a short period
of time, she will seek employment elsewhere.
As I believe all are aware, Mrs. Brudnak was promised
a salary suitable by comparison with other employees of the
same calibre and type of work, and that salary was submitted
in the initial 1984 budget.
While I realize the salary is not a result of your
action, you must be made aware of the situation so that
perhaps you can remedy same.
The court cannot operate without a competent clerk
due to the volume of work and time involved. In the event
Mrs. Brudnak should leave, it would be difficult to find a
competent replacement for an amount less that $9,500.00.
It appears to me that in the interest of good Town
government, it seems that it would be in the best interest
of the Towns' management to adjust the salary in accordance
with the requirements of the job.
Accordingly, I would ask the Town Board to consider the
issue. If you wish, I would be more than pleased to attend a
meeting to explain in detail the work involved, skill required,
and the Courts' reasoning for requiring Mrs. Brudnak be paid
commensurate with the peeition.
Unfortunately time is of the essence. Unless notified
otherwise, Mrs. Brudnak will tender her resignation effective
February 1, 1984.
May I thank you in advance for your kind attention to
this problem.
Very truly yours,
s/ Carl S. Wolfson
Town Justice
MRS. PAINO moved to amend the salary of the Secretary to the
Town Justices from $7,875.00 to $9,500.00, as recommended by
Judge Wolfson.
Seconded by Mrs. Ballard
Motion Unanimously Carried
The next item for the Board's consideration was to set a public
hearing for a Conservation Park District in the Kendell Farms
Subdivision as requested by James Kleon.
MR. VERSACE moved to refer this matter to a work shop session on
February 16, 1984 at 8:00 P.M. for further discussion with Mr.
Klein.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A Public Hearing having been held on February 6th, 1984 on a
proposed Local Law Amending Local Law No. 7 of 1983 Relating to
the Regulation of all Activities on Water Lines, Water Meters and
Water Use, the matter was now placed before the Town Board for
their consideration.
MRS. PAINO moved to adopt Local Law #1 of 1984 as follows:
WHEREAS, it is necessary that the Town Board, for proper
water conservation and for the health and safety of residents
within water districts and areas of the Town of Wappinger, possess
certain powers which might be utilized by it in times of emergency
to take those steps appropriate to safeguard and preserve the
supply of water to residents,
BE IT ENACTED by the Town Board of the Town of Wappinger
as follows:
Section 1. Local Law No. 7 of 1983 shall be amended by
adding thereto a new section entitled Section 14-a "Emergency
Powers".
Section 2. The provisions of Section 14-a are as follows:
In addition to the standards of conduct set forth in this
local law, the Town Board may, upon a declaration of emergency,
adopt such temporary rules and regulations as are necessary
under the emergency circumstances then existing to protect
the health and safety of the residents within the improvement
districts and areas. Such emergency rules shall include but
not be limited to the following:
(1) The imposition of water conservation measures,
limiting the use of water in the manner then prescribed by the
Town Board, including but not limited to banning the use of
water other than for necessary domestic consumption, banning
the use of water for watering lawns and exterior areas, banning
the use of water for car washing and other non-essential
activities as prescribed by the Town Board.
(2) The suspension of water service for such periods
as necessary.
(3) The suspension of water service to individuals found
violating water emergency rules after notice and hearing.
In addition to suspension of water service, violation of
such temporary rules and regulations shall be deemed to be a
violation of this local law and shall be subject to punishment
as provided by it.
Section 3. This local law shall take effect immediately
upon filing with the Secretary of State.
Seconded by: Councilwoman Ballard
Roll Call Vote: 5 Ayes 0 Nays
A contract for janitorial services for the Town Buildings was
received from Ernest Galderisi who was designated at the last
meeting to perform these services. The contract required
approval from the Town Board and authorization for the Supervisor
to sign the contract.
MRS. BALLARD moved to approve the contract submitted by Ernest
Galderisi for janitorial services for the Town Buildings.
Seconded by Mrs. Paino
Motion Unanimously Carried
MRS. PAINO moved to authorize the Supervisor to sign the contract
with Ernest Galderisi for janitorial services for the Town Buildings.
Seconded by Mr. Ballard
Motion Unanimously Carried
Mr. McCluskey recommended that the Building Committee look into
hiring a "handyman" on an hourly basis for various maintenance
jobs in the Town buildings.
Mrs. Snowden informed the Board that Mrs. Crosby, Comptroller had
requested that the O.C.I.S. contract relating to the computerized
water meter system be placed before the Board for their considera-
tion.
MR. INCORONATO moved that the O.C.I.S. Contract be accepted and
the Supervisor be authorized to sign this contract
Seconded by Mrs. Paino
Motion Unanimously Carried
Under Unfinished Business, Item 8a had been discussed under Item
5g (Cashin Associates letter regarding Cranberry Hills Development
sewer hookup).
At the last meeting all Board Members with the exception of Mr.
Incoronato had offered a name for the Board of Ethics.
Mr. Incoronato offered the name of Maureen Evanoski.
A rezoning request from B/D Contracting had been tabled at the
last meeting for further information.
MR. VERSACE moved to refer this request to a work shop session
on February 23, 1984 at 8:00 P.M. and invite a representative
from B/D Contracting to make a presentation to the Town Board
at this time.
Seconded by Mrs. Ballard
Motion Unanimously Carried
The Agreement with the County regarding stream cleaning in the
vicinity of Losee and Myers Corners Roads had been referred to
the Attorney and the Engineer at the last meeting.
Mr. Morris reported that a meeting had been set up for Friday
with Mr. Evangelista and Mr. Anagnos from the County Engineering
Department to discuss this project and the realignment of Myers
Corners Road. Mr. Evangelista will forward a report of this
meeting to the Board.
MR. VERSACE moved to table this matter to the next Board meeting
for a report from the Engineer.
Seconded by Mrs. Paino
Motion Unanimously Carried
Bids for the Wappinger Sewer Improvement Contract #1 - Extension
#5 had been tabled at the last meeting for further information
from the Attorney. A letter had been directed to Ben Ciccone,
low bidder on this contract inquiring if the bid price quoted
by him would still hold if the bid was awarded during 1984.
As of this date Mr. Ciccone had not responded.
Mr. Versace tabled this matter until the next meeting for a
response from Mr. Ciccone.
The Town Board met with Mr. Gonzalez at their last work shop
session on his request for a drainage district inhisarea
(Edgehill Drive). At that time the Board agreed to refer this
request to the Engineer to contact Mr. Gonzalez to;review the,
problem with him and report to the Board with an -approximate
cost of`a drainage district in that area.
At the last meeting a rezoning request from Arthur Totten, Sr,
Route 9, was referred back to Mr. Totten for further clarifica-
tion of his problem; it was also referred to the Assessor for
13
information on the background of the property and Mr. Totten's
problem.
Mr. Totten stopped at the Town Clerk's office and gave the
following information verbally ---present zoning: GB, previous
zoning: R-40, he wants it rezoned to either R-20 or R-40,
whichever is easier, dimensions of parcel: 102' W x 786' D.
He also left copies of two deeds to the property.
The following letter was received from Mr. Logan:
19 January 1984
Town Board
Town of Wappinger
I am in receipt of a copy of a letter from Mr. Arthur Totten
to the Town Board requesting a zoning change from HB -2 (Highway
Business) to residential and a letter from the Town Clerk asking
that I supply any background information on the property and
perhaps clarify the problem stated by the owner.
The property is located on the easterly side of Route 9 between
MacFarland Rd. and Smithtown Rd. and consists of approximately
1.8 Ac. with an improvement on the property of a modest one -
family house.
Mr. Totten purchased the property in October 1963. The assess-
ment at that time was $2560. The assessment was increased in
1969 to $3580. The assessment was increased in 1978 to $4500
in line with general revaluation throughout the Town. Follow-
ing the 1980 rezoning which provided for commercial use of this
property the assessment was increased to $10000.
Mr. Totten requested an application for Veteran's Exemption in
Jan. 1971 which application was promptly mailed to him. He did
not return the form nor make further inquiry until April 1980
at which time he completed the form and was granted exemption
based on his application. My questioning the owner as to
where he lived had nothing to do with any lack of knowledge
on my part as to the location of the property. The location
and condition of the property were well known to me. The
problem was that until 1976 the owner had used an address of
26 Franklindale Ave. and in 1977 changed his address to Hobart,
N.Y. and in 1980 requested that his address be changed to Route 9.
The owner stated that he believed his property was worth $31000
and I asked if he were willing to sell it for that price. He
said NO. I did not offer to buy the property but told him that
I believed a fair market value to be $50000. I have repeatedly
supplied the owner with grievance forms and informed him of the
availability of the Board of Assessment Review. He has chosen
not to question the equity of his assessment through established
procedures. I also told him that my estimate was subject to
question and that I would entertain any evidence submitted by
him indicating a value lower than $50000.
The best evidence of value where a property has not sold is the
sale of similar and nearby properties and in this case I believe
that our valuation is fair and if in error is probably on the
low side.
If the owner will provide me with any information indicating
that his property is overvalued, I will be pleased to consider
such data. I am sympathetic with his situation but cannot
understand why he has not made an effort within the provisions
IL/
of the law to seek relief. Since I am unaware of his exact
age, I must assume that he is under 65 or Senior Citizen
benefits of 50% exemption could possibly be granted by this
office.
Very truly yours,
s/ Thomas E. Logan
Assessor
MR. MCCLUSKEY moved to receive this letter and place it on file.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mr. Versace requested that a letter be forwarded to Mr. Totten
informing him that no action will be taken by the Town Board
on his request.
The following letter was received from the Attorney regarding
the Recreation Commission expending Town monies on School
properties:
January 26, 1984
Ms. Elaine H. Snowden, Town Clerk
Town of Wappinger
Town Clerk's Office
Mill Street, P.O. Box 324
Wappingers Falls, New York 12590
Dear Ms. Snowden:
On January 11, 1984 you requested a legal opinion on the
validity of expending Town monies for material to be delivered
to school property.
In the event an agreement was entered into by the Town with the
school district indicating the work to be performed and the use
to be made, the Town could expend monies for such material
showing the purposes and the uses thereof.
Very truly yours,
s/ Bernard Kessler
MRS. BALLARD moved that the Attorney's letter be forwarded to
the Recreation Commission and the Highway Department for their
information.
Seconded by Mrs. Paino
Motion Unanimously Carried
A letter was received from Bud Carlquist, Real Property Tax
Service Director regarding updating the Assessment Rolls for
the Town through the County Computor. The Assessor wrote to
the Board on this subject in response to their request from the
last Town Board meeting.
30 January 1984
Town Board
Town of Wappinger
Pursuant to your request I hereby supply you with all pertinent
data relating to the proposed computer assisted revaluation
presently underway in Dutchess County. The program to this
point has been funded with payments made by the State to the
County based on a formula determined by the State providing
payments as certain stages of the revaluation were completed.
We are now at the point where the State has required that an
outside contractor be retained to design models which will be
capable of producing accurate estimates of value for each
property. As part of the contractor's responsibilities the
State has suggested that they pursue the field review of 75%
of the properties and that they hold the public hearings
required prior to implementation of the revaluation. Each
Town can go it alone but the cost will be much greater. It
is my suggestion that the most acceptable and financially
feasible method of financing the project is for the County to
engage the services of the contractor and make the necessary
payments meanwhile allowing the Town to pay them back over
a five year period on a charge back basis. The payments cannot
be a full County obligation since not all Towns will be prepared
to go ahead in the foreseeable future.
This office has been collecting required data on properties for
many years and I believe that we are prepared to move ahead. As
required by the State we are preparing data mailers which will be
sent to each property owner describing the facts stored on the
County Computer. We will ask that the owner bring to our attention
any errors or other pertinent information relating to the property.
In any case that an owner gives us such information we will visit
the property and make any and all corrections indicated. I enclose
a proposed letter to be sent with the mailer. Obviously this job
cannot be done with our existing staff and considerable part time
help will be needed in 1985. It is my plan to send the data mailers
in the Fall of 1984 with a view toward using the new values for the
1986 Assessment Roll.
As a ballpark fugure the cost will be about $15.00 per parcel
which indicates a $3.00 per year tax on each home.
Very truly yours,
s/ Thomas E. Logan
Assessor
Mr. Versace reported that this matter was discussed at the
Supervisor's Association meeting he attended on January 25, 1984
by Mr. McHoul, Chairman of the Dutchess County Legislature and he
spoke of three methods of payment for this program. The first --
each Town would pay for their own at approximately $100,000.00;
the second -- the County could foot the bill and the third was
the procedure mentioned by Mr. Logan in his letter to the Board.
Mr. McHoul suggested contacting our County Legislators and indicate
that the Town would prefer the County footing the bill and they
could possibl, include this item in their 1985 budget. There
would be further discussion on this at the next Supervisors
meeting and Mr. Versace noted that he would check with the
other Supervisors and report further on this at the March
meeting.
MR. MCCLUSKEY moved to set up a work shop session with Mr. Logan
for further discussion of the revaluation of assessments.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Under New Business, Mr. Incoronato reported that they have been
informed by the Zoning Administrator of violation of the Zoning
Ordinance on Shapiro property on the west side of Route 9D. He
noted that seven unregistered vehicles have been on the property
for some time and he has been given directions to remove them by
this coming Thursday.
Mr. Versace referred to correspondence received from the former
Engineer to the Town, Mr. Lapar, stating that he would commence
work on the consortium work at Robinson Lane (handicapped facilities)
in June of this year and probably complete this work in the latter
part of the year.
It was Mr. Versace's opinion that this project had been delayed
long enough and there was a possibility that the Town could lose
the consortium funds and he therefore recommended that the present
Engineer to the Town complete the project.
MR. VERSACE moved that Morris & Andros Engineering Firm prepare
specs for bidding the handicapped facilities project at Robinson
Lane.
Seconded by Mrs. Ballard
Roll Call Vote: 4 Ayes Mr. McCluskey ---Abstained
Mr. Versace referred to the application which must be submitted
on behalf of Central Wappinger Water Improvement Area to the
New York State Department of Environmental Conservation relating
to the contract with Atlas Water Company and recommended that the
Engineer be directed to proeeed with this application.
)9
MR. VERSACE moved to authorize the Engineer to prepare the
application to the New York State Department of Environmental
Conservation pertaining to the Agreement with Central Wappinger
Water Improvement Area and Atlas Water Company.
Seconded by Mrs. Paino
Motion Unanimously Carried
There was no other business to come before the Board.
MR. INCORONATO moved to adjourn the meeting, seconded by Mr.
McCluskey and unanimously carried.
The Meeting adjourned at 9:40 P.M.
Reg. Mtg. 2/6/84
CLiuuj\
Elaine H. Snowden
Town Clerk
A Public Hearing was held by the Town Board of the Town of
Wappinger on February 6th, 1984 at the Town Hall, Mill Street,
Wappingers Falls, Dutchess County, New York on a proposed Local
Law Amending Local Law #7 of 1983 Regulating all Activities on
Water Use in the Town of Wappinger.
Supervisor Versace opened the Hearing at 7:57 P.M.
Present:
Frank Versace, Supervisor
Renata Ballard, Councilwoman
Joseph Incoronato, Councilman
Gerard McCluskey, Councilman
Irene Paino, Councilwoman
Elaine H. Snowden, Town Clerk
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized. (These Affidavits
are attached hereto and made part thereof of the Minutes of this
Hearing).
Mr. Versace asked if there were any comments from the public
either for or against the proposed Local Law.
No comments were made by those present for or against the proposed
Local Law.
Mr. Incoronato moved to close the Public Hearing seconded by Mrs.
Ballard and unanimously carried.
The Public Hearing closed at 7:59 P
Elaine H. Snowden
Town Clerk
t,t . and s c •
NEWS
DISPLAY ADVERTISING
CLASSIFIED ADI'ERI'ISI.\G
914 297-3723
84 EAST MAIN STREET—W APPINGI:RS FALLS f reTe
NOTICE IS HEREBY GIVEN that ,
there has been duly presented and
introduced before the Town Board of
the Town of Wappinger, Dutchess
County, New York on January 18th,
1984, a proposed Local Law as follows:
A Local Law Amending Local Law No. '
of 1983
WHEREAS, it Is necessary that the
Town Board, for proper water con-
servatioh and for the health and safety
of residents within water districts and
areas of the Town of Wappinger,
possess certain powers which might be
iifitized by it in times of emergency to
take those steps appropriate to
safeguard and preserve the supply of
water to residents,
BE IT ENACTED by the Town Board
of the Town of Wappinger as follows:
Section 1,
Local Law No. of 1983 shall be
amended by add g thereto a new
section entitled Section 14-a
"Emergency Powers."
Section 2.
The provisions of Section 14-a are as
follows:
In addition to the standards of
conduct set forth In this local law, the
Town Board may, upon a declaration of
emergency, adopt such temporary rules
and regulations as are necessary under
the emergency circumstances then
existing to protect the health and
safety of the residents within the im-
proveent districts and areas. Such
emergency rules shall include but not
be limited to the following:
(1) The Imposition of water con-
servation measures, limiting the use of
water In the manner then prescribed by
the Town Board, including but not
limited to banning the use of water
other than for necessary domestic
consumption, banning the use of water
for watering lawns and exterior areas,
banning the use of water for car
washing and other nonassenttal ac-
tivities as prescribed by the Town
Board.
(2) The suspension of water service
" for such periods as necessary.
13) The suspension of water service
to Individuals found violating water
11 emergency rules after notice of
hearing.
In addition to suspension of water
service, violation of such temporary
rules and regulations shall be deemed
to be • violation of this local km and
shall be subject to punishment as
provided byn.
R
1-Thislocal law shell take effect im-
mediately upon filing with the
Secretary of State.
NOTICE IS FURTHER GIVEN that the
Town Board will conduct a Public
Hearing on the aforesaid proposed
r Local Law at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess
Count New York on February 8th, 1984
at 7.36 P -M. EST, on such date at which
p time all parties Interested will be heard.
1 NOTICE IS FURTHER GIVEN that
copies of the aforesaid proposed local
law will be available for examination
and inspection at the office of the Town
Clerk of the Town of Wappinger In the
`Town Hall between the date of this
notice and the date of the public
i hearing.
Elaine H. Snowden
Town Clerk
• Town of Wappinger
ted: January 19, 1904
12590
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Beatrice Osten of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the .Co—Editor—Publisher •
of the W. & S.D. NEWS, a newspaper printed and
published every Wednesday in the year in the Town of
Wappinger, Dutchess County, New York, and that the
annexed NOTICE was duly published in the said
newspaper for ... one.... weeks successively , . •once
. in each week, commencing on the . 25th day of ..3ane
. 19.84 . and on the following dates thereafter, namely
on
and ending on the .. 25th
19.84. both days inclusive.
day of... ,Tamp
Subscribed and sworn to before me
this ... 25th ... day of... ,ians .. 19 _, ►
— -
1
Notary Public
My comtllission expires
ALBERT M. C'3TEtt
NOTE."Y ti; i.f';, ,l;aii: CF NEW YORtt
commis:,:: 'I EXi4;'t, r,taG.'!I 1Q 1'414
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW AMENDING
LOCAL LAW #7 OF 1983, RELATING
TO THE REGULATION OF ALL ACTIVITIES
ON WATER LINES, WATER METERS AND
WATER USE WITHIN THE TOWN OF
WAPPINGER
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on January 19th, 1984, your deponent posted a
copy of the attached notice of Public Hearing on a
proposed Local Law Amending Local Law #7 of 1983, relating
to the regulation of all activities on water lines, water
meters and water use within the Town of Wappinger, on the
signboard maintained by your deponent in her office in
the Town Hall of the Town of Wappinger, Mill Street, in
the Village of Wappingers Falls, Town of Wappinger,
Dutchess County, New York.
Sworn to before me this
day of ZeJo 1984.
ASLAO Adki,‘
Notary ublic
IMMO Ntfl ! !DEZ. JR.
$e,zj Pub!!o r NG:: Yo k S!i,
Wldlnp In Ulever 6ouny 1n —
11.1.1141311111 mhos klatch 30, L N1
J C'�
Elaine H. Snowden
Town Clerk
Town of Wappinger