1983-12-12 RGMThe Regular Meeting of the Town Board of the Town of Wappinger
was held on December 12th, 1983 at the Town Halli Mill Street,
Village of Wappingers Falls, Dutchess County, New York
Supervisor Diehl opened the meeting at 8:04 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Bernice Mills, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
The meeting started with the Pledge of Allegiance of the American
Flag.
The Minutes of the Regular Meeting of November 14th, 1983, having
previously been sent to all Board Members, this matter was now
placed before them for their consideration.
MR. JOHNSON moved that the Minutes of the Regular Meeting of
November 14th, 1983, be and they are hereby approved, as submitted
by the Town Clerk.
Seconded by Mrs. Mills
Motion Unanimously Carried
Reports were received from the Town Justices and Building Inspector/
Zoning Administrator for the month of November, Receiver of Taxes
for October, Hydrant Report for November and the Comptroller/
Supervisor Report through October 31, 1983.
MRS. MILLS moved that the above reports be accepted and placed
on file.
Seconded by Mr. Johnson
Motion Unanimously Carried
A letter of resignation was received from William Nepfel who held
the position of Dog Control Officer for the Town of Wappinger,
effective December 1, 1983.
MR. JOHNSON moved to accept Mr. Nepfel's resignation with regret
and appreciation for bis services to the Town.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A petition was received from B/D Contracting to rezone 5.22 acres
on All Angels Hill Road from residential to commercial.
MR. JOHNSON moved that this request be tabled until the next
regular Town Board meeting.
Seconded by Mrs. Mills
Motion Unanimously Carried
Residents of Smith Crossing Road forwarded a petition to the
Town Board for a speed limit reduction from 55 MPH to 30 MPH
on that road due to new construction in the area which resulted
in an increase of children and additional traffic. The road was
also being used being used as a thoroughfare connecting Maloney
and Diddell Roads.
The Highway Superintendent recommended that the Board consider
requesting a speed limit reduction for the entire North East
section of the Town.
MR. JOHNSON moved to request the Dutchess County Department of
Public Works and the New York State Department of Transportion
to lower the speed limit in the North East section of the Town
of Wappinger, inclusive of Maloney Road, Diddell Road and Robinson
Lane to 30 MPH.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A letter was received from Dr. Hannigan requesting an increase
in his present agreement for the care and feeding of dogs to
$7.00, injured or stray cats, $4.00 and the rent for the leasing
of the Animal Shelter from $300.00 to $350.00 monthly.
MRS. MILLS moved to table this matter to the January meeting.
Seconded by Mr. Johnson
Motion Unanimously Carried
At the last meeting the Attorney was requested to direct a
letter to Nelson Gonzalez, 87 Edgehill Drive, .Wappingers Falls,
New York, outlining the procedure to follow for the formation of
a drainage district.
The following letter was received from Mr. Gonzalez on November,
23, 1983:
3
Dear Board Members:
I understand that the town law makes provision, for the proposed
on a sewer district and a drainage district. I propose a resolu-
tion for a "Drainage District" at 87 Edgehill Drive, Wappinger,
N.Y. 12590. The Residents of Edgehill Manor have a serios water
drainage problem. I Nelson A. Gonzalez would appreciate, the
Board Members to appropriate such money for preparation on a
map and plan for a water Drainage District. Please feel free
to contact me at 914-297-5930, should you have any question
on this matter.
Sincerely yours,
s/ Nelson A. Gonzalez
Audrey E. Gonzalez
There was some confusion as to what Mr. Gonzalez was actually
asking for ---a drainage district or a preliminary study to
determine if such a district was needed and the Board agreed
that further discussion was needed.
MR. VERSACE moved that the Attorney direct a letter to Mr. Gonzalez
asking that he contact the Town Board in January and a work shop
session would be set for further discussion of this matter.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Lapar forwarded a copy of a letter addressed to him from
Peter Anagnos, Dutchess County Department of Public Works regarding
CR 93 -- Hunter's Creek Culvert Crossing which stated in part ---
"The subject agreement should be in the form of a legal
document stating that the Town of Wappinger will maintain the
stream channels and also assume responsibility for any claims
of flood damages on properties along the channel between CR 93
and US Route 9. The format of the agreement would best be
handled between the County and Town attorneys".
MR. JOHNSON moved that the Attorney be authorized to draw up
an agreement, with the aid of the Highway Superintendent and the
Engineer to the Town, to be presented to the Town Board for their
consideration.
Seconded by Mrs. Mills
Motion Unanimously Carried
A memo was received from Hans Gunderud advising the Board that
on January 1, 1984 the new referenced code will replace the
existing "State Bu$'lding Construction Code". In order to allow
for continued enforcement and administration of building and
fire codes, he recommended that all reference to the State
Building Construction Code be replaced by Uniform Fire Prevention
and Building Code in the Town of Wappinger Ordinance for Admin-
istering and Enforcing the State Building Construction Code.
The following Ordinance was introduced by COUNCILMAN VERSACE:
ORDINANCE AMENDING THE ORDINANCE
FOR ADMINISTRATION AND ENFORCEMENT
OF THE STATE BUILDING CONSTRUCTION
CODE
An Ordinance to amend the Ordinance for Administration
and Enforcement of the State Building Construction Code to
provide for the administration of the Uniform Fire Prevention
and Building Code instead of the State Building Construction
Code.
MR. VERSACE moved to set a Public Hearing on December 29th,
1983 at 7:30 P.M. EST, at the Town Hall, Mill Street, Wappingers
Falls, New York, on an Ordinance to Amend the Ordinance for
Administration and Enforcement of the State Building Construction
Code, to hear all interested persons.
Seconded by Mr. Johnson
Motion Unanimously Carried
MR. DIEHL moved to set the Year End Meeting for December 29th,
1983 at 7:35 P.M.
Seconded by Mr. Johnson
Motion Unanimously Carried
A memo was received from Mr. Diehl recommending a complete
private audit of the town's financial records, including the
Supervisor's account for the benefit of the outgoing Supervisor
and the incoming Supervisor and officials. He further recommended
that the firm of Sedore & O'Sullivan be authorized to conduct
this audit at a total cost of $7,800.00 to be encumbered from
the 1983 Budget.
MR. DIEHL moved to authorize the firm of Sedore & O'Sullivan to
conduct a private audit of the Town's financial records for the
total sum of $7,800.00.
Seconded by Mr. Johnson
Motion Unanimously Carried
A request was received from the Comptroller to transfer the
sum of $7,800.00 from A1990.4, Contingency to A1320.4, Independent
Audit.
MRS. MILLS moved to approve the transfer as requested by the
Comptroller and encumber the funds from the 1983 Budget.
Seconded by Mr. Diehl
Motion Unanimously Carried
The following letter was received from Supervisor Diehl:
December 6, 1983
Supervisor -Elect Frank Versace
9 Pattie Place
Wappingers Falls, New York 12590
Dear Frank:
As the Supervisor -Elect of the Town of Wappinger due to assume
the office on January 1, 1984, you are most welcome to meet
with myself or any other town employee or Department Head at
any time. I freely offer the availability of town financial
records and employee information to you or any newly elected
board member. This has always been my position.
I believe that we all must cooperate to effect an orderly
transition for the benefit of town residents to insure continu-
ance of town services.
Please let me know your pleasure in the immediate future.
Very truly yours,
s/ Lou
Mr. Versace asked that a meeting be set for Wednesday, December
14th, 1983 at 4:00 P.M. in Mr. Diehl's office.
MR. JOHNSON moved that the letter be received and placed on file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A letter was received from James Klein enclosing a petition for
the establishment of the Kendell Farms Conservation Park District.
Mr, Klein requested that a public hearing be held on this matter
during the month of February.
MR. JOHNSON moved that this item be tabled until the next regular
Town Board meeting.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Bids on Wappinger Sewer Improvement Area #1, Contract #1 -
Extension #5 were opened on November 17, 1983. Mr. Lapar reported
that three bids were received and after examination of the bids,
he found the bid of the low bidder, Ben Ciccone, Inc. to be in
order and acceptable to his office.
Mrs. Mills moved to award the bid to Ben Ciccone, Inc. Alternate
#1 in the amount of $169,695.00.
Mr. Versace had questions on the bonding money that was available
for this project. If the original bond has been expended, they
would have to follow a different procedure for additional monies.
MR. VERSACE moved to table action on the bid for further informa-
tion from the Comptroller on bonding money available in Wappinger
Sewer Improvement Area #1.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Johnson requested that a letter be directed to the Comptroller
for information on the bonding limit of WSI and the procedure they
would have to follow to obtain monies for this project if additional
monies were needed.
Mrs. Mills withdrew her motion prior to Mr. Versace's motion to
table action on the bid.
Four bids were received on Phase III and Phase IV, Stream Cleaning
and Drainage Program, on December 6, 1983. Mr. Lapar recommended
that the bid be awarded to Dave Alexander, Inc., low bidder in
the amount of $194,925.00.
MR. JOHNSON moved that the bid on Phase III and Phase IV, Stream
Cleaning and Drainage Program be awarded to Dave Alexander, Inc.,
in the amount of $194,925.00.
Seconded by Mr. Diehl
Motion Unanimously Carried
A petition was received from Town residents on December 13th,
1983 by the Town Clerk regarding re-establishing funds for certain
1984 Budget Accounts.
MR. DIEHL moved that the petition be received and placed on
file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
�1
MR. VERSACE moved to set the date of January 2, 1984 at 8:00 P.M.
for the Reorganizational Meeting.
Seconded by Mr. Johnson
Motion Unanimously Carried
A request was received from Mr. Logan for permission to attend
the New York State Division of Equalization and Assessment Course
to be held in Albany January 23rd through the 27th, 1984. Mr.
Logan explained in his letter that application must be made by
him prior to December 20th, 1983 and the course was sponsored by
the State at no cost to the Town.
MR. JOHNSON moved that Mr. Logan be given permission to attend
the Equalization and Assessment Course in Albany from January
23rd through the 27th, 1984.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mr. McCluskey, Building Committee, reported that they were now
ready to proceed to the second phase of the Town Hall project
which would cost $5,000.00.
Mr. McCluskey moved that the architects for the Town Hall project
be authorized to proceed to the second phase of this project at a
cost of $5,000.00.
Mr. Versace commented that he had been in touch with John Kane
from Hayward and Pakan Associates and made arrangements with him
to meet with the incoming Board on January 5th, 1984, to familiarize
them with the Town Hall project. He preferred to table action on
proceeding with the second phase of the project and leave that
decision to the new Board Members.
Mr. McCluskey then withdrew his motion to proceed with the second
phase of the Town Hall project.
Mr. Johnson asked the Attorney and the Engineer if this delay
would infringe on the receipt of the Consortium money in the amount
of $50,000.00. Mr. Lapar responded that he had been in contact
with Mr. O'Connor, County Grants Coordinator and he was satisfied
with the progress of the project at this point.
Mrs. Mills reported that the Town would receive possibly $36,000
from federal and state grant monies for the Rockingham Farms
Sewer District. This was for a project back in 1973 or 1974
and the Department of Environment Conservation had made a final
inspection and approved payment of the state grant monies.
Mr. Diehl reported on an estimate received from Parsons for work
needed on the 1975 Hornet used by the Deputy Building Inspector.
Mechanical and Body repairs amounted to a cost beyond the book
value of the car ($350.00). If the work was approved, the value
of the car would remain at $350.00. Mr. Diehl asked the Board's
consideration of this matter.
MR. VERSACE moved that monies should not be expended to repair
the 1975 Hornet used by the Deputy Building Inspector.
Seconded by Mr. McCluskey
Motion Unanimously Carried
MR. DIEHL moved that due to the fact that the Supervisor -Elect
has stated he has no intention of using the Town Car, the Super-
visor's car be transferred to the Assessor for 1984, and further
moved that the Town go to bid on the auction of the 1975 Hornet
at a starting price of $350.00.
Mr. Versace agreed that he had stated he would not be using the
Supervisor's car, however he felt that the assignment of the
Town cars should be determined by the new Board. He asked Mr.
Diehl to withdraw his motion since it could be rescinded at the
Reorganizational Meeting.
Mr. Johnson concurred with Mr. Versace's statement that the new
Town Board should assign the Town cars.
Mr. Diehl's motion failed for lack of a second.
Mr. Adams forwarded a resolution referring the issue of a rate
increase for U. S. Cablevision to the New York State Commission
et Cablevision. Mrs. Mills had questions on the resolution
which had to be researched by Mr. Adams and he recommended that
the Board table action on this matter.
MR. DIEHL moved to table the U. S. Cablevision Resolution for
the Attorneys review.
Seconded by Mr. McCluskey Motion Unanimously Carried
A request was received from James Klein for release of the Road
Maintenance Bond (Letter of Credit) for Briar Lane. Mr. Lapar
and Mr. Croshier informed the Board that the work had been done
to their satisfaction and they recommended the release of the
Road Maintenance Bond.
MRS. MILLS moved that the Road Maintenance Bond (Letter of Credit)
on Briar Lane be released to Mr. Klein, as recommended by the
Engineer to the Town and the Highway Superintendent.
Seconded by Mr. Johnson
Motion Unanimously Carried
A proposed local law providing for emergency powers relative to
water shortages was presented to the Board for their consideration.
It was Mr. Johnson's opinion that this local law should be
reviewed by the new Town Board.
MR. JOHNSON moved that this local law be tabled to the next
regular Town Board meeting.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A Public Hearing having been held by the Town Board on December
12th, 1983 on a proposed Local Law Amending Local Law #1 of 1983
on Wildwood Sewer District Assets of Operating Budget, the matter
was now placed before the Board for their consideration.
At the Public Hearing a question arose on amending the phrase in
Section One "single family residential homes" to read "residential
units" which would include the apartments in the district. It was
the Board's opinion that this local law be adopted as presented
and another public hearing would be set to amend the phrase in
Section One as previously stated.
MRS. MILLS moved to adopt Local Law #9 of 1983 as follows:
A Local Law Amending Local Law No. 1 of 1983
WHEREAS, there continues to exist within the Wildwood
Sewer District sufficient assets to meet the operating budget
of said district for 1984, and
WHEREAS, for purposes of administration, the billing period
should conform to a calendar year,
0
BE IT ENACTED by the Town Board of the Town of Wappinger
as follows:
ONE: The credits to be applied to owners of single-family
residential homes within the Wildwood Sewer District as set forth
in Local Law No. 1 of 1983 shall be continued for each month of
1984.
TWO: The quarterly billing cycle of said district shall,
upon adoption of this local law, be a calendar year cycle, with
the last day of March, June, September and December being the
last day of each billing cycle.
THREE: This local law shall take effect upon filing of
the same with the Secretary of State.
Seconded by: Councilman Johnson
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law Amending Local Law #1 of 1983
and Local Law #9 of 1983 on Wildwood Sewer District Assets
was introduced by COUNCILWOMAN MILLS:
A Local Law Amending Local Law #1 of 1983 and Local Law #9 of
1983
BE IT ENACTED by the Town Board as follows:
SECTION ONE: The phrase "single-family residential homes"
as it appears in Local Law #9 of 1983 is deleted and substituted
in place thereof the phrase "residential units".
SECTION TWO: This Local Law shall be retroactive to the
effective date of Local Law #9 of 1983.
SECTION THREE: This local law shall take effect upon
filing of the same with the Secretary of State.
The following resolution was offered by COUNCILWOMAN MILLS who
moved its adoption:
WHEREAS, there has been duly presented and introduced at
a meeting of this Town Board on the 12th day of December, 1983,
a proposed Local Law Amending Local Law #1 of 1983 and Local Law
#9 of 1983 on Wildwood Sewer District Assets of Operating Budget,
and
WHEREAS, the provisions of the Municipal Home Rule Law
required that no local law shall be passed by the Legislative
Body of the Town until a Public Hearing thereon has been held
before such body,
NOW, THEREFORE BE IT RESOLVED,
1. That a Public Hearing shall be held on the said
proposed Local Law by the Town Board of the Town of Wappinger
on the 29th day of December, 1983 at 7:25 P.M. EST, on such
day at the Town Hall, Mill Street, Village of Wappingers Falls,
Dutchess County, New York.
2. That at least five (5)
shall be given by the Town Clerk
the due posting thereof upon the
said Town Clerk in the Town Hall
days notice of such hearing
of the Town of Wappinger, by
bulletin board maintained by
and by publishing such notice
at least once in the official newspaper of the Town of Wappinger.
Seconded by: Councilman Johnson
Roll Call Vote: 5 Ayes 0 Nays
An Agreement between Central Wappinger Water Improvement Area,
the Cranberry Water Improvement Area, Atlas Water Company and
the Town Board was placed before the Board for their consideration.
Mr. Versace questioned the language in Item #10 and after a lengthy
discussion it was agreed to amend this Item.
MR. DIEHL moved to approve the contract and authorize the Supervisor
to sign the amended contract.
Seconded by Mr. Johnson
Roll Call Vote:
Supervisor Diehl Ave
Councilman Johnson Aye
Councilman McCluskey Ave
Councilwoman Mills Nay
Councilman Versace Nay
Motion Carried
This Agreement is attached hereto and made part thereof of the
Minutes of this Meeting.
An Agreement between the Central Wappinger Water Improvenent
Area, the Pizzagalli Development Company and the Town Board of
Wappinger was placed before the Board for their consideration.
Mr. Douglas Sheer, representative from Pizzagalli asked the Board
to amend the last phrase in 1 (e) "and such other utility services
as the town may wish to install therein". He explained that all
their legal documents mention a water line easement but do not
include other utility services and it would be a problem to change
the documents to include other easements the Town may want to put
through. The Board agreed to this amendment since it was not their
intent to install any other services.
MR. DIEHL moved to approve the contract and authorize the Supervisor
to sign the amended contract.
Seconded by Mr. Johnson
Roll Call Vote:
Supervisor Diehl
Councilman Johnson
Councilman McCluskey
Councilwoman Mills
Councilman Versace
Aye
Aye
Aye
Nay
Nay
Motion Carried
2 -
This Agreement is attached hereto and made part thereof of the
Minutes of this Meeting.
A Proposed Stipulation providing for payment to the City of
New York was tabled at the last meeting for further review by
the Attorney to determine if Federal Revenue Funds could be
applied for this repayment.
The following report was received from the Attorney
December 8, 1983
Re: Revenue Sharing
Dear Members of the Town Board:
At the last meeting you raised the question of whether or
not funds obtained through revenue sharing could be utilized to
alleviate the local burden of repayment of the New York City
refund.
Ed O'Connor of the Dutchess County Department of Planning
has provided us with an outline of the revenue sharing program
which is generally contained in 31 U.S.C. Chapter 7. That
program, as presently constituted, provides that the local
government may use those funds eeceived under revenue sharing
for any purpose which is a legal use of the town zone revenues.
Such use, however, must be preceded by public hearings which
permits the public to suggest proposed use of funds and to discuss
the government's proposed use of the funds relative to the town's
budget. The funds may not be used to influence legislation.
Given such standards, and assuming that the procedural require-
ments are observed, it would appear that use of the funds to
defray or to alleviate the burden of refund is permissible as
revenues of the town could also be utilized for such purpose.
Very truly yours,
Corbally, Gartland & Rappleyea
s/ Jon Holden Adams
MR. JOHNSON moved that the Supervisor be authorized to sign the
proposed stipulation providing for payment to the City of New
York.
Seconded by Mr. Diehl
Roll Call Vote: 5 Ayes 0 Nays
The bonding resolution for the Central Wappinger Water Improvement
Area Extension Contract was tabled from the last meeting pending
receipt of the resolution from the bonding counsel which was
required for application to Audit and Control.
Mr. Adams noted that he had not received the resolution although
he had contacted the bonding company's office several times .
Mr. Johnson requested Mr. Adams to direct a letter to that office
and inquire if there was a particular reason for the delay in
forwarding the required resolution to him. This matter was
tabled to the next meeting.
At the last meeting, the Town Board denied a request to waive
the downstream drainage fees for the Shelburne Hills Subdivision.
Mr. Bill Malloy from Granite Homes Inc., developer of Shelburne
Hilts Subdivision wrote to the Board asking for further discussion
of this matter. Mr. Malloy was present and explained that he
had received recommendations from both the Planning Board and
the Engineer that the waiver be granted based on the fact that
they had to install a 54" culvert under Myers Corners Road to
correct a drainage situation that has existed for some time.
He also pointed out that the installation of this culvert would
be beneficial to the Town and these fees have been waived in the
past when offsight work was required by the developer.
Mr. Lapar stated in his letter of December 8, 1982 that the cost
of this installation would amount to at least $5,000 and the
downstream drainage fee would be approximately $2,600.
MR. JOHNSON moved to rescind the Board's previous motion of denial
of the request of Shelburne Hills Subdivision for waiver of
downstream drainage fees and further moved that these fees be
waived, as recommended by Mr. Lapar.
Seconded by Mrs. Mills
Motion Unanimously Carried
The following report was received from the Attorney regarding
litigation with Serenity Mission:
December 2, 1983
Dear Members of the Town Board:
I enclose a copy of the decision of the Appellate Division,
Second Department reported in the December 2, 1983 edition of the
New York Law Journal which indicates that that court has affirmed
the favorable decision previously obtained in that matter granting
the town judgment against Republic for $32,000.00. The court
modified the decision to the extent that any amount of the money
for which we have obtained judgment which was not necessary to
complete the work must be refunded.
I recommend that the Highway Department prepare a detailed
statement of the cost incurred by it in completing the road work
and forward the same to us for review.
Very truly yours,
s/ Jon Holden Adams
Mr. Croshier said he was working on these figures and would
forward them to the Attorney.
A response was received from Mr. James Larocca, Commissioner
of the New York State Department of Transportation regarding
the Board's confusion on the CHIPS program inclusion in the
Bond Issue. Mr. Larocca pointed out in his letter that the
CHIPS funding was separated from the Bond Issue in final nego-
tiations between the Governor and the Legislature, and the program
would be fully funded for five years by normal state appropriations.
A letter was received from Adele Taube, Real Estate Broker
requesting documentation of Brescia Place (connecting road on
filed map from Robert Lane to Neubauer's property located on
the northside of Myers Corners Road). She was seeking documented
evidence from the Town of Wappinger that "the access from Robert
Lane to the subject property may in the future be developed in
accordance with road specifications of the Town of Wappinger by
any owner of record, and be deeded to the Town of Wappinger as
access as intended on the original subdivision approval to the
rear lands of the subject property".
Mr. Adams commented that the Town Board should not make any
expression other than to address the present circumstances,
not attempt to address a hypothetical situation in the future.
MR. JOHNSON moved to receive this communication and place it on
file.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Versace questioned Mr. Lapar on the status of the bid for
the handicap facilities at Robinson Lane. Mr. Lapar replied
that there were additional items on the proposed bid such as
extensions and improvements to the present building which were
not acceptable to the government since these items would not be
funded by the federal grant and recommended that the Town go to
bid on the handicap facilities and the other items be bid separately
if the Board decided to proceed with these items.
MR. JOHNSON moved to authorize the Engineer to go to bid on the
handicap facilities at Robinson Lane.
Seconded by Mr. Versace
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN VERSACE who
moved its adoption:
WHEREAS, the Power Authority of the State of New York has
applied to the United States Army Corps of Engineers for a
permit to extend the proposed Marcy -South Power Lines across
the Hudson River, and
WHEREAS, the presence of said lines in the Hudson River
may have a significant environmental impact, and
WHEREAS, prior to issuance or consideration of the
application, a comprehensive environmental review should be
undertaken and a full environmental impact statement should
be prepared by the Corps of Engineers,
NOW, BE IT RESOLVED that it is the sense of the Town Board
that consideration of any permit for a Hudson River crossing by
PASNY for the Marcy -South project be preceded by the preparation
of an environmental impact statement by the Army Corps of Engineers,
and
BE IT FURTHER RESOLVED that the Corps of Engineers, in
preparation of said environmental impact statement, conduct
public hearings in the Town of Wappinger to permit local resi-
dents to comment upon and address the environmental impact of
such application, and
BE IT FURTHER RESOLVED, that the Town Clerk of the Town of
Wappinger forward to the United States Army Corps of Engineers
a certified copy of this resolution with a request that it be
favorably considered.
Seconded by: Councilman Johnson
Roll Call Vote: 5 Ayes 0 Nays
Mrs. Goldberg, Wappinger County Legislator, requested that this
resolution also be forwarded to the County Attorneys Office.
MR. JOHNSON moved to adjourn the meeting, seconded by Mrs. Mills
and unanimously carried.
The meeting adjourned at 10:22 P.M.
i �\
Elaine B. Snowden
Town Clerk
Reg. Mtg. 12/12/83
CORBALLY. GARTLAND
AND RAPPLEYEA
ATTORNEYS AND
COUNSELORS AT LAW
15 MARKET STREET
POUGHKEEPSIE. NEW YORK 12601
AGREEMENT between CENTRAL WAPPINGER WATER IMPROVEMENT AREA
(hereinafter referred to as "CWWIA"), the CRANBERRY WATER
IMPROVEMENT AREA (hereinfter referred to as "Cranberry"), ATLAS
WATER CO. (hereinafter referred to as "Atlas"), and the TOWN
BOARD OF THE TOWN OF WAPPINGER (hereinafter referred to as the
"Town Board") , as the governing body of said water improvement
areas.
WHEREAS, a request has been received by the town board from
the developer of the proposed Cranberry Subdivision for the
service of water to it, and the improvements necessary to supply
said water can be jointly utilized by Cranberry and CWWIA,
NOW THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS:
ONE: Atlas shall deliver and sell to Cranberry and/or
CWWIA, through a master meter to be installed at a point hereto-
fore determined by the engineers to the Cranberry District and
Atlas, potable water at the maximum rate not to exceed 400 gpm at
30 psi, said water to be purchased by Cranberry on a usage basis
only at a rate to be equal to eighty (80%) percent of the
residential rate within the service area presently served by
Atlas, whatever that rate may be from time to time.
TWO: Upon completion and dedication of the necessary
improvements by the developer, CWWIA shall provide to Cranberry
and the Atlas Water Company water to be used for fire protec-
tion.
(a) Transmission of water for fire protection
shall be activated by an altitude valve.
(b) Water shall be transmitted through a meter
CORBALLY. GARTLAND
AND RAPPLEYEA
ATTORNEYS ANO
COUNSELORS AT LAW
35 MARKET STREET
POUGHKEEPSIE. NEW YORK 1260
,110
installed by the developer within the Cranberry District which
meter shall contain two-way metering devices to measure the flow
of water in each direction; the developer shall also provide such
improvements as necessary to permit transmission of water from
the Atlas system into the elevated storage tank of CWWIA.
(c) CWWIA shall be paid for said water at the
same rate as set forth in paragraph "FOUR."
(d) CWWIA shall provide water only to the extent
that the consumption and fire safety requirements of said dis-
trict are not jeopardized.
THREE:
Atlas disclaims any right or interest in any
improvements described in the preceding paragraphs herein except
the continuing right to use the same to supply Cranberry and to
have the same available at all times in the future as to use a
conduit to service other areas adjacent to or outside of Cran-
berry's district boundaries to serve possible future customers of
Atlas within its "franchise" area if Atlas so chooses. If said
lines are utilized by Atlas, the district shall be reimbursed for
said use to fairly compensate the district for any costs of
transmission of water including amortization of pumping equip-
ment.
FOUR:
Upon completion of the permanent connection to
Atlas by the developer, Atlas shall make available to CWWIA on an
"as need" basis water for consumption within CWWIA at a rate of
400 gpm. Atlas shall be compensated for said water at a rate
equal to eighty ($0q) percent of that rate charged to its resi-
dential consumers, whatever that rate may be from time to time.
DORBALLY.GARTLAND
AND RAPPLEYEA
ATTORNEYS ANO
COUNSELORS AT LAW
3$ MARKET STREET
POUGHKEEPSIE. NEW YORK 12601
11 10
4
FIVE: The implementation of this agreement shall be
subject to the obtaining of such permits as are necessary. Atlas
shall apply for the necessary permit within 15 days of the
signing of this agreement.
SIX: This agreement shall be contingent upon the
developer of the Cranberry Subdivision obtaining the subdivision
approval and upon the installation by the developer, at its
expense, all those improvements necessary for the distribution of
water within the Cranberry District for the proper connection of
said system to the existing Atlas system and CWWIA, including
meters, altitude valves and pumps or other equipment for the
necessary transmission of water between the existing Atlas
service area within the Cranberry district and for the connection
to the distribution lines of CWWIA at Quaker Lane and Meyers
Corners Road as shown on its subdivision plans, the latter
improvements to be sufficient to transmit water to the elevated
storage tanks of CWWIA. Failure of the developer to commence
significant construction of said improvements within one year
after obtaining final subdivision approval (excepting periods of
judicial review) shall result in a termination of this agreement.
All improvements shall be reviewed and approved by the engineer
to the Cranberry District before construction or acceptance.
SEVEN: Atlas shall be obligated to provide water to the
municipal districts for a minimum of five (5) years. Thereafter,
Atlas or any municipal party hereto, upon one (1) year's notice,
may elect to terminate its obligation to either supply water or
purchase water subject to the obtaining of such approvals, if
DORSALLY. GARTLAND
ANO RAPPLEYEA
ATTORNEYS AND
COUNSELORS AT LAW
38 MARKET STREET
POUGHKEEPSIE. NEW YORK t2601
SA- 1110
any, for the discontinuance of use of the Atlas water source.
EIGHT: This agreement is at all times contingent on the
availability of adequate potable water to Atlas from its present
existing water supply wells. Such determination shall be made by
the appropriate regulatory agency.
NINE:
Because the integration of the several water
distribution systems may affect the manner of operation of each,
all parties shall mutually consult each other in the manner of
operation of each system on a continuous basis to permit each
system to operate free of interference by the others.
TEN:
The obligation of Atlas to provide water
premised upon the absence of any condition imposed by a
regulatory agency as a precondition to the issuance of the permit
as provided in paragraph FIVE of any requirement imposed by any
regulatory agency on Atlas to undertake any further improvements
in its existing water distribution facilities. Should such
improvements be mandated as a part of the granting of the permit
described in paragraph FIVE, Atlas at its option may elect to
rescind its obligation to provide water.
ELEVEN: This agreement shall be binding on the parties,
their successors and assigns.
IN WITNESS WHEREOF, the parties have set their hands and
seals to this agreement this /C-1) day of December, 1983.
BY:
CENTRAL WAPPINGER WATER
IMPROVEMENT AREA
d/
R
CRANBERRY WATER IMPROVEMENT AREA
r'
BY:
ATLAS WATER CO.
/I'
CORBALLY. GARTLA NO
AND RAPPLEYEA
ATTORNEYS AND
COUNSELORS AT LAW
35 MARKET STREET
POUGHKEEPSIE. NEW YORK 12601
Ft
/154-1110
AGREEMENT made this day of December, 1983 between the
CENTRAL WAPPINGER WATER IMPROVEMENT AREA ("CWWIA"), the PIZZAGALLI
DEVELOPMENT CO. ("Pizzagalli") and the TOWN BOARD OF THE TOWN OF
WAPPINGER ("Town Board") as the governing body of the water improvement
area.
WHEREAS, Pizzagalli is the owner of 30.82 acres of land which it
seeks to develop as an office research center, and
WHEREAS, Pizzagalli has requested that sources of water be made
available to it for fire protection, and
WHEREAS, the Dutchess County Department of Health by letter dated
November 29, 1983 has approved a proposed connection between Pizzagalli
and CWWIA for fire protection subject to the conditions set forth
therein, and
WHEREAS, Pizzagalli is willing to satisfy said conditions and to
undertake certain improvements for the benefit of the CWWIA Water
District in exchange for fire protection,
NOW, THEREFORE, it is agreed between the parties as follows:
1. CWWIA will permit Pizzagalli to obtain fire protection from
the water resources of CWWIA, the same to be contingent upon the
undertaking by Pizzagalli of the following improvements and the
satisfaction by Pizzagalli of the following conditions:
(a) Pizzagalli shall construct an 8 inch water main to
connect to the water service line of similar size to be constructed by
Pizzagalli from Hearthstone Drive to its property, said line to be
constructed along the route indicated by Exhibit A.
(b) There shall be installed by Pizzagalli at a point of
connection on Meyers Corners Road or mutually agreed location with the
CORBALLY. GARTLAND AND RAPPLEYEA • ATTORNEYS AND COUNSELORS AT LAW
35 MARKET STREET • POUGHKEEPSIE, NEW YORK 12601 • (9141454-1110
CWWIA system a booster station necessary to transmit water from the
Atlas Water System to the elevated storage tank of the CWWIA system at
the Hill Top site.
(c) There shall be installed at the booster station site both
two-way master meters and an altitude valve.
(d) All improvements to be installed by Pizzagalli shall be
inspected by and subject to specification by the engineer to CWWIA.
(e) All improvements shall be maintained by Pizzagalli until
such time as they are dedicated and accepted by the Town of Wappinger
or one of its improvement areas. There shall also be offered to the
town the necessary easements for said lines, future maintenance
thereof,
1
1. G
•
(f) Pizzagalli shall pay CWWIA $500.00 per year for the
availability of water for fire protection, said rate to be increased
annually at the same percentage of increases for commercial water rates
within CWWIA. CWWIA may, at its option, terminate said rate structure
at the end of five years and substitute another rate structure.
(g) Pizzagalli shall be responsible for all professional fees
incurred in a review of water services for its facility incurred by the
town since March 7, 1983.
(h) All improvements shall be constructed in accordance with
specifications of the town.
2. By providing fire protection, Pizzagalli acknowledges that
CWWIA is making accomodation to it solely for said purpose and that
CWWIA has no obligation nor shall any obligation be created by this
agreement which would require CWWIA or the town to provide water to
CORBALLY, GARTLAND AND RAPPLEYEA • ATTORNEYS AND COUNSELORS AT LAW
35 MARKET STREET • POUGHKEEPSIE, NEW YORK 12601 • (9141454-1110
Pizzagalli for any purpose other than fire protection.
3. Any water for fire protection provided by CWWIA shall be paid
for by Pizzagalli at the then prevailing rates for commercial customers
within the CWWIA district.
4. Pizzagalli represents to CWWIA and the town that it has
thoroughly investigated all the engineering and other requirements
necessary for the providing of fire protection to it through the water
resources of CWWIA, and that such can be undertaken with no additional
expense or cost to CWWIA or the town, and that it will indemnify and
hold harmless the town and CWWIA from any costs or claims which might
be incurred or which might be made against them by reason of the
providing of fire services to Pizzagalli by CWWIA.
IN WITNESS WHEREOF, the parties have set their hands and seals to
this agreement this day of December, 1983.
CENTRA, WAPPINGER WATER_
IMPROVEMENT AREA
BY:
PIZZAGALLI DEVELOPMENT CO.
TOWN BQ'RD OF THE TOWN OF
WAYtPIM? ER
BY � I C�tuv
CORBALLY, GARTLAND AND RAPPLEYEA • ATTORNEYS AND COUNSELORS AT LAW
35 MARKET STREET • POUGHKEEPSIE, NEW YORK 12601 • (9141454-1110
A Public Hearing was held by the Town Board of the Town of
Wappinger on December 12th, 1983, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess Coumty, New York on a
proposed Local Law Amending Local Law #1 of 1983 on Wildwood
Sewer District Assets of Operating Budget.
Supervisor Diehl opened the Hearing at 7:04 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Berniee Mills, Councilwoman
Frank Versace, Councilman
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 the Attorney why Section One referred to
"single-family residential homes" since there were apartments
in the district who paid operation and maintenance charges and
were entitled to this credit as well as the single family homes.
Mr. Adams responded that a simple solution to include the apart-
ments in this local law would be to change "single-familyresidential
homes" to "residential units". He recommended that this law be
adopted and at the next meeting or some future meeting the Board
could introduce an amendment to this local law and hold a public
hearing.
Mr. Diehl asked for comments from the public either for or
against this proposed local law.
There were no comments from the public either for or against
this law.
'Mrs. Mills moved to close the Public Hearing, seconded by Mr.
McCluskey and unanimously carried.
The Hearing closed at 8:03 P.M.
OflAktk_
Elaine H. Snowden
Town Clerk
.amid EL D.
NEWS
DISPLAY ADVERTISING
CLASSIFIED ADVERTISING
914 29 7-3 723
84 EAST MAIN STREET—WAPPINGERS FALLS,
NOTICE IS 4-IEREBY GIViN that
there has been duly presented and
introduced before the Town Board of
the Town of Wappinger, Dutchess
County, New York on November 14th,
1983, a proposed Local Law as follows:
A LOCAL LAW AMENDING LOCAL
LAW NO. 10F 1983
WHEREAS, there continues to exist
within the Wildwood Sewer District
sufficient assets to meet the operating
budget of said district for 1984, and
WHEREAS, for purposes of ad-
ministration, the billing period should
conform to a calendar year,
BE IT ENACTED by the Town Board
of the Town of Wappinger as follows:
ONE: The credits to be applied to
owners of single-family residential
homes within the Wildwood Sewer
District as set forth in Local Law No. 1
of 1983 shall be continued for each
month 011984.
TWO: The quarterly billing cycle of
said district shall, upon adoption of
this local law, be a calendar year cycle,
with the last day of March, June,
September and December being the
last day of each billing cycle.
THREE: This local law shall take
effect upon filing of the same with the
Secretary of State.
NOTICE IS FURTHER GIVEN that the
Town Board will conduct a Public
Hearing on the aforesaid proposed
local law at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess
County, New York on December 12th,
1983 at 7:55 P.M., EST, on such date at
which time all parties interested will be
heard.
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
hearing.
Elaine H. Snowden
Town Clerk
• Town of Wappinger
Dated: November 17, 1983
P.Y. 1259
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
It.ettrice Osten
of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, theQQ-rrditPX.—.P.Ublieher.. .
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 ... Me.... weeks successively ..o'.ce
. in each week, commencing on the . 30tb. day of ...tion.
. 19.83 . and on the following dates thereafter, namely
on
'and ending on the .. 3ath ..... day of.. Nov.
19.83. both days inclusive.
}
Subscribed and sworn to before me
this ... 3Qth ... day of....l*iov. • • • 19$3
Notary Public
Aly commission expires
A.87.111 El. C'S1L;�
NCfARY PUB! 1r,, ;i f"
QUALIFIED 1'1 f". •
C.)
COMMISSION EXr'P,,.S ;': 1; 'o, 19.6 4
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 #1 OF 1983 ON WILDWOOD
SEWER DISTRICT ASSETS OF OPERATING
BUDGET
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 November 28th, 1983, your deponent posted
a copy of the attached notice of Public Hearing on a
proposed Local Law Amending Local Law #1 of 1983 on
Wildwood Sewer District Assets of Operating Budget, 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
ri
1983.
ota y Public
CM Po .4-7/77/FS /1q/✓'fl! ( 9d'/
pe,t-ckCir Coe,ae '.
Elaine H.
Snowden
Town Clerk
Town of Wappinger
AGENDA
TOWN BOARD
TOWN OF WAPPINGER
DECEMBER 12, 1983
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. ACCEPT MINUTES
4. REPORTS OF OFFICERS:
Town Justices Blding/Zoning Receiver of Taxes Hydrant Report
Compt/Sup report thru Oct. 31,'83
5. PETITIONS & COMMUNICATIONS
a. Resignation of Wm. Nepfel as Dog Control Officer
b. Petitlion from B/D Contracting to rezone 5.22 Acres from Res. to
Commercialon All Angels Hill Rd.
c. Petition for Speed limit reduction on Smith Crossing Rd.
d. Dr. Hannigan request to increase the fees and lease agreement
for care and shelter of impounded dogs.
e. Nelson & Audrey Gonzalez re: Drainage District
f. R.E.Lapar correspondence in reference to Peter Anagnos'letter
(Nov. 23) re: CR -93 - Hunters Creek Culvert Crossing
g. Memo from H. Gunderud re: Uniform Fire Prevention and Bldg. Code
h. Memo from Sup. Diehl re: Closing Audit of Supervisors Accounts
i. Letter to Supervisor Elect Frank Versace from Supervisor Diehl re:
invitation to meet with any and/or all Town employees and Dept.
Heads for orderly transition of Town Government and services
j. Petition from James Klein for Conservation Park District for
Kendell Farms Subdivision (consider setting Public Hearing)
k. R. E. Lapar reports: (1) Recapitulation of bids for Wappinger
Sewer Imp. #1 - Contract #1 - Extension #5 (2) Recapitulation
of Bids for Drainae Project Phase III & IV.
1. Petition for re-establishing funds for certain 1984 Budget Accnts.
m. Set Date for Reorganizational eeting
, 1 yS i.
.1 (trrii,A f 8,4 i
I •
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Resolution referring the issue of a Rate Increase for U.S.
Cablevision to the N.Y.S. Commission on Cablevision
b. Request from Jas. Klein for Release of Rd. Maintenance Bond (Lette
of Credit) for Briar Lane
c. Introduce Local Law regarding Emergency Powers relative to water
shortages
d. Adopt Local Law amending Local Law on Wildwood Sewer Dist. Assets
of Operating Budget of
e. Agreements which would provide for the selling/water to Cranberry
Subdivision & CWWIA, and providing fire protection to Pizzagalli
f. Proposed Stipulation providing for payment to City of New York
g. Central Wappinger Water Bonding Res.
•
8. UNFINISHED BUSINESS
a. Granite Homes re: Denial of waiver of Downstream Drainage Fees for
Shelburne Subdivision
b. Attorney to Town report on Appellate Division decision on Serenity
Mission
of Response from Jas. Larocca regarding the CHIPS program
, ()41 F.t421, Slutrinl ,
9. NEW BUSINESS
I , ; r• , I-. t'"" k Pt 6
10. ADJOURNMENT