1981-08-10 RGMAGENDA
TOWN BOARD
TOWN Ote . WAPPINGER
AUGUST 10, 1981
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES NALA.t,1 V3,1AV \3,1AiZalf
4. REPORTS OF OFFICERS
Town Justices Bldg/Zoning Sup/Compt. thru June Receiver
of Taxes 44yeirenapert
5. PETITIONS & COMMUNICATIONS
a. Jerard Hankin, Attny repres. Blooming Grove Assoc. re: Road Bond
b. Mrs. Mary Stein re: residential water rates - CWW - min. charge
/c. Joel Hanig,.Attny repres. Fairview Enterprises re: Pondview
Subdivision - 2 Additional lots
d. Dolores Gill re: payment of interest on late 0 & M Bill
Sup. Diehl memo. re: Fleetwood water property - placement of
posts to prevent entry to property.
f. Report from L. Whitten Camo re: Flushing Collection Systems in
5 Sewer Di^.tricts
g. Bob Caccio, Camo, report on T/W wastewater treatment facilities
h. Resignation of George Liebermann as Deputy Bldg. Insp.
i. R.E. Lapar report re: 21/2" test wells, Hilltop well fields area
R.E. Lapar report on bids for extension of fire hydrant 11 Pye Lane
k. Correspondence from Insurance Agent re: reduction of Comprehensive
and Collision insurance on Highway vehicles.
1. Receipt of IBM Facility Engineers report and Environmental Assessment
form Parts I, II, III. t
67: atA s, eeC�u�G.teaS �ureaa.a� nce �reae..'hen
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Proposed Amendment to Zoning Map - Montfort - Rte 9
b. Proposed Amendment to Zoning Map - Cooper Rd. Area
c. Bids for Widmer Road Culvert replacement
d. Participation in Credit Union
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4. R.6 +-e( r- 841 ♦r.4.02126.‘ ea0%c_ —es sFa3t —re 444 Cvut*
8. UNFINISHED BUSINESS
9. NEW BUSINESS
0-. Pcew`tnct Sav acts 64k - re: (UPeon. ;or Lot °^10 Alar cyalaen fir.
10. ADJO(JRNMENT b ud,th cc - :-c` re. iatoici)4Aci .00 Arees
G . y k r a Ct3 ' M4t7,iL� k-�eQ� itoc a,�t
The Regular Meeting of the Town Board of the Town of Wappinger
was held on August 10, 1981, at Town Hall, Mill Street, Village
of Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:07 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
-"Frank Versace, COunbilman
1,..noklaine H. Snowden, Town Clerk
Others Present:
Jon Holden Adams, Attorney
Rudolph Lapar, Engineer to the Town
At Mr. Diehl's request all stood and said the Pledge of Allegiance
to the Flag.
The Minutes of the Regular Meeting of July 13, 1981, having
previously been sent to all Board Members, were now placed before
them for their consideration.
MR. JOHNSON moved that the Minutes of the Regular Meeting of July
13, 1981, be and they are hereby approved, as submitted by the
Town Clerk.
Seconded by Mrs. Reilly
Motion unanimously Carried
Reports for the month of July were received from the Town Justices,
Building Inspector/Zoning Administer, Receiver of Taxes, and from
the Supervisor/Comptroller through June 30, 1981.
MRS. MILLS moved to accept the Reports and place them on file.
Seconded by Mr. Diehl
Motion Unanimously Carried
Mr. Jerard Hankin, Attorney representing Blooming Grove Associates,
Inc. was present to speak on behalf of his client in reference to
accepting the roads in the Primrose Subdivision. The only problem
seemed to be non-performance by the developer in planting three
trees for each lot which had been promised to the potential buyers
by the developer. Mr. Hankin pointed out that the road bond was
in order and he felt that the planting of the trees had nothing
to do with the acceptance of the roads. Mr. Versace agreed that
planting of trees had nothing to do with acceptance of the roads,
but on the other hand, when Mr. Hankin's client applied for approval
of his subdivision, certain requirements had to be met and the tree
planting was one of them, and he took the position that if that
was the only impediment why not fulfill his obligation and meet
the requirement. In the past when the Board has worked with the
developer and granted acceptance conditionable upon a certain
item, they usually had to chase the developer to comply with the
condition, and he did not want a repeat performance.
Mrs. Reilly asked the Town Attorney if the Board considered this
request, was there anytoy they could have the developer put money
into an escrow account for the purpose of planting these trees in
September or October. Mr. Adams replied that this could be done
only with voluntary consent; Mr. Hankin could not answer for his
client, he would have to confer with him. He added that it was
not his client who promised the trees, however, Mr. Johnson
pointed out that this requirement went with the subdivision and
the trees should be planted. Mr. Versace added that it was Mr.
Hankin's client who received the approval from the Planning Board
and although he might have sold off some of the lots to other
builders, it was his responsibility to fulfill the original
obligations. It was agreed that Mr. Hankin would confer with
his client and attend the work shop session of the 24th of August
to further discuss this matter.
Mary Stein, 3 Little Road, was present to speak to the Board
about rates in the Central Wappinger Water Improvement Area,
and read the following letter which had previously been sent
to Mr. Diehl:
July 17, 1981
Louis D. Diehl, Supervisor
Town Board of Wappinger
Mill Street
Wappingers Falls, New York 12590
Dear Mr. Diehl:
Local Law No. 5 of the Town of Wappinger establishing
water rates for the Central Wappinger Water Improvement Area
3
was enacted by the Town Board of the Town of Wappinger on
April 15, 1975, and duly filed with the Secretary of State,
and reads as follows:
"Residential - (1) Metered $.50 per hundred cubic
feet $9.00 minimum per quarter. (2) Non -metered,
$12.75 flat rate per quarter."
It has come to my attention that as of January 1, 1976,
the minimum amount charged for residential metered water was
and to date is $12.75 per quarter. I have been unable to
obtain information showing when this charge of $9.00 minimum
under Local Law No. 5 was changed to $12.75. My considered
opinion is that the residents in the Central Wappinger Water
Improvement Area have been overcharged in the sum of $3.75
per quarter since January 1, 1976.
In view of the above facts, I respectfully request that
this matter be put on the Agenda of the August 10, 1981,
Wappinger Town Board Meeting and that this disparity in the
water rates for private residences be discussed at this
meeting. I further request that said discussions pertaining
to water rates for private residences be read into the Minutes
of this Meeting and be duly recorded.
Sincerely,
s/ Mary W. Stein
The following response from Mr. Rappleyea was read:
July 23, 1981
Ms. Mary Stein
3 Little Road
Wappingers Falls, New York
Dear Ms. Stein:
In the absence of Jon Adams, I am responding to your
letter to the Town Board.
The Town of Wappinger held its hearings on its 1976
budget in 1975.
It is my understanding that it specifically set forth
the minimum charge of $12.75 per quarter. Thereafter, on
February 24, 1976, a resolution was adopted establishing the
minimum rate.
It is my opinion that this procedure is proper and taken
at a duly held Town Board meeting.
If you have any further questions, please let me know.
Very truly yours,
Corbally, Gartland & Rappleyea
s/ Allan E. Rappleyea
Mrs. Stein spoke again and read excerpts from the minutes of
the February 24, 1976 as follows: "The first order of business
placed before the Board were several recommendations received
from the Comptroller. Mr. Clausen asked Mr. Ryan to give to
the Board his recommendation on the increase in the minimum
water charge for Central Wappinger Water Improvement Area.
Mr. Ryan recommended that, effective immediately, all those
users in Central Wappinger Water Improvement who are in a
metered area whose meter is not functioning or does not
have a meter, their fee be raised to $12.75 per quarter.
Mr. Clausen moved that, effective immediately, the fee for
users in the Central Wappinger Water Improvement Area who
either have a non-functioning meter, or no meter at all, be
increased to $12.75 per quarter". Mrs. Stein contended that
this action did not refer to metered water---only non-metered
water and those non-functioning meters. Her argument was that
at no time has the $9.00 minimum rate for metered customers
been changed by law; she had written to the New York Depart-
ment of State asking if the law had been changed and had
received a response from Alan Adami, Head Clerk of the State
Records and Law Bureau that a search of their records indicated
no amendment had been filed since Local Law #5 of 1975 other
than Local Law #1 of 1980 which referred to commercial rates
only; he had also enclosed a copy of Local Law #5 of 1975.
Mr. Diehl recommended that the matter be referred to the
Attorney for research and action by the Town Board at a future
date. Mrs. Stein then stated that she would like this to be
resolved by the fourth quarter billing period and would expect
that the bill would be $9.00 minimum and $.50 per 100 cubic feet
over the minimum usage. Mr. Adams said he would have a report
for the next regular Town Board meeting. Mr. Versace then asked
to speak and said he had done research on this matter and agreed
with Mrs. Stein---no change had been made since Local Law #5 of
1975. He felt that notification had been given to the Town
Board in ample time for them to have an answer for her tonight.
Either the Comptroller's Office or the Water and Sewer Committee
should have investigated this matter and had a recommendation
ready for Board action tonight. He went on to say the residents
of Central Wappinger Water Improvement Area who were metered and
were being charged $12.75 per quarter were entitled to a credit
or a refund from the Town and agreed that the next billing should
be $9.00 per quarter, as previously stated by Mrs. Stein. If the
Board intends to change the $9.00 minumum users, then they will
have to consider changing the minimum for users that have a
t‘,
non-functioning meter or no meter at all. Mrs. Mills felt they
should turn it over to the Attorney since they are the experts.
As far as she was concerned they said the Town was not liable,
and she would go by their opinion. Further discussion ensued
between Mrs. Mills and Mr. Versace on the matter. Mrs. Stein
wished to add one more comment which was that her first corres-
pondence on this discrepancy went back to March of 1980 when
she wrote to Mrs. Buckley who did the billing at that time; it
was not something that just came up, she had been pursuing it
since then.
MR. DIEHL moved that Mrs. Stein's complaint be referred to the
Attorney to the Town for a report at the next regular Town Board
meeting.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mrs. Mary Schmalz was then recognized by the Chair and reminded
the Board that one of the requirements set by the judge at the
water hearings was that every home in the water area was supposed
to be metered and asked what the Town had done about that require-
ment. Mr. Versace agreed and said that was part of the public
hearing on that area back in 1972 and the engineer and attorney
had stated that all homes would be metered and those non-functioning
meters would be replaced by the Town ---this, he continued, was part
of the bonding costs.
Mr. Diehl interrupted the Agenda to recognize the arrival of
Lois Gray, Wappinger County Legislator, who reported on the County
160
meeting. A resolution was adopted for a contract adding a new
building to the present administration building at the airport,
alongside of the hangar which would cost $300,000.00, bringing
tax money to this town; she felt the Board and residents would
be happy to hear this news.
A letter had been received from Joel Hanig, Attorney representing
Fairview Enterprises, requesting two additional building permits
for the Pondview Subdivision. A previous agreement had set certain
conditions for each building permit, one of which was the amount of
$4,000.00 was to be put in escrow for each lot until certain
work was completed. Mr. Adams remarked that there were other
requirements which would have to be checked on before they
could take action. Mr. Jerard Hankin was present on behalf
of Mr. Hanig, who could not attend the meeting and said he was
not familiar with the agreement and was confident that his client
would agree to the previous conditions.
MR. DIEHL moved that Mr. Horton and Mr. Lapar advise the Board
if the conditions of the agreement had been fulfilled and upon
receipt of this information, the Board would then consider action
on Mr. Hanig's request.
Seconded by Mr. Johnson
Motion Unanimously Carried
A letter was received from Dolores Gill, 45 Hilltop Drive
who claimed that she paid her water and sewer bill on time,
but it was received late in the tax office. Her check was
dated July 4, 1981, but received in the office after the due
date of July 22, 1981. Mr. Johnson felt that we could not be
responsible for mail delivery and Mrs. Gill could not produce
any clear proof that her check was mailed on the date it was
written, therefore the penalty could not be waived. Mrs. Crosby
spoke to her and by her own admission, she said she gave a "mess"
to her husband for mailing.
MR. JOHNSON moved that the request to waive this penalty be
denied due to lack of any direct evidence that the payment was
received on time, and so notify Mrs. Gill.
Seconded by Mrs. Mills
Motion Unanimously Carried
A memo was received from Mr. Diehl regarding vandalism at the
Fleetwood water property, well and building off Fleetwood Drive
front and rear entrance which also included beer parties and
harassment to residents of Fleetwood. At this time he wished
to expend approximately $350.00 for placing posts at the front
entrance of the well site to prevent entry and also block the
rear entrance to disperse gatherings and protect well site,
in an effort to give peace of mind to the residents. This had
been discussed with the Recreation Commission who approved of
this action and they intended to chain off the entrance to the
recreation field .
MR. JOHNSON moved to approve the expenditure of $350.00 for the
posts in the Fleetwood area.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Larry Whitten of Camo Pollution Control wrote to the
Board regarding flushing the collection systems in the five
sewer districts. This had been done previously with the
assistance and cooperation from the Highway Department and
they were asking if they could again count on this help.
MR. JOHNSON moved to instruct the Highway Department to cooperate
with Mr. Whitten and set up dates for flushing the collection
systems which would be mutually convenient.
Seconded by Mrs. Mills
Motion Unanimously Carried
The following report was received from Camo Pollution Control:
July 29, 1981
Town Board, Town of Wappinger
Town Hall
14 Mill Street
Wappingers Falls, New York 12590
Re: Town of Wappinger Wastewater
Treatment Facilities
Dear Board Members:
Recently, due to complaints of odors at the Oakwood Sewer
Treatment Plant in the Wappinger Sewer Improvement Area ##1, a
meeting was held in the Supervisor's office to discuss the odor
problems. Supervisor Diehl, Councilman Mills, Councilman Johnson,
Mr. Cuatt and Camo Pollution Control, Inc personnel attended and
discussed not only the "odor problem" but also some maintenance
problems.
Camo suggested that the recent odor problems might be
attributed to the fact that due to the substantial increase of
the cost of sludge removal and disposal ($26.50 per 1,000 gallons
to $47.00 per 1,000 gallons) which resulted in increased costs
over all districts in excess of $16,000 from the 1981 projected
costs (see attached schedule) which were reflected in the approved
budgets, Camo's personnel were attempting to dewater to the
greatest concentration of solids which would minimize the volume
of sludge being removed and disposed of and therefore bring us
closer on an annual basis to the approved budget.
As discussed at the meeting, the inherent difficulties in
dewatering sludge especially at the Oakwood Wastewater Treatment
Facilities could cause odors. A decision was made to increase
the frequency of sludge removal where required, especially during
the summer months, and that the Board would address the projected
budget overruns. We have included herewith forms which we feel
might be helpful to all concerned if updated on a monthly basis.
Also discussed was the condition of the Oakwood rotating
biological discd. Among others, our letter dated November 25,
1980 (attached), addressed these problems. Presently the Number
2 disc is operating with two complete new sections. The other
two sections should be replaced and the other disc is in need
of complete repair. A means of regulating flows to each disc,
especially in light of the #2 primary clarifier being out of
service, should also be addressed, as should a determination
of what will be done with the #2 primary clarifier.
Other immediate problems are the emergency overflow bypasses
at the Rockingham Sewer Treatment Plant and Wildwood Sewer
Treatment Plant. After review of Mr. LaPar's plans for these
systems it is our opinion, after discussions with the Town
Comptroller, that monies are not available presently for the
Rockingham Sewer Treatment Plant overflow system as designed
(estimated to be in excess of $60,000.00). An option might
be to provide an alternate plan if it can be negotiated with
the New York State Department of Environmental Conservation.
The problem is two fold: (1) the peak flows during dry weather
flow and, (2) the I & I flows during wet weather.
If authorized Camo could construct the proposed emergency
overflow for the Wildwood Facility at time and material at a
cost not to exceed $3,400.00
As you are aware, completion of both these items are
requirements for participation in the 1981 State Operation and
Maintenance Aid Program.
Please do not hesitate to contact us in regard to any
further questions in this matter.
Very truly yours,
Camo Pollution Control, Inc.
s/ George B. Cacchio
Pres.
Mr. Diehl reported on the meeting they had held on this matter
and upon checking the budget, found there were funds available
to help solve the odor problem in Oakwood and would like action
from the Board to proceed with this project, as stated in Camo's
letter. There was also work to be done at Wildwood Sewer District,
and the money is available for that. He then asked for discussion
from the Board. Mr. Versace asked exactly what work would be
done and Mr. Cacchio recalled the amount of $30 to $35,000.00
mentioned at the meeting they had and this would cover the cost
of repairing the #1 and #2 disc, but additional funds would be
needed for the other items. He added that they hoped to alleviate
the odor problem since it could be due to the overflow, but the
primary clarifier would be an additional amount. Mr. Lapar was
then questioned about this problem and replied that his office
41.
had offered several alternates to fix the primary clarifier,
but at this time it was not the most important item to be
fixed. Discussion followed on the various methods that could
be used for this item. The odor problem was then discussed at
length and aside from the sludge removal which they felt was
the primary cause, there was little else they could to remove
the odor.
MR. DIEHL moved that the Engineer be instructed to go to bid
to correct the problems with the discs, as stated in the letter
from Camo Pollution Control, Inc. dated July 29, 1981.
Seconded by Mrs. Mills
l Motion Unanimously Carried'
MRS. MILLS moved that Camo Pollution Control, Inc. be authorized
to fix the emergency overflow at Wildwood Sewer Facilities.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Johnson, directing a statement to Mr. Lapar asked him to
check with the vendor on replacing some of the hardware used
on the discs in the Oakwood Sewer Plant since this had been
done previously when repairs had to be done and represented a
substantial saving to the district.
A resignation was received from George Liebermann from his
position as Deputy Building Inspector, effective July 24, 1981.
MR. JOHNSON moved that this resignation be accepted with regret
and a letter should be sent to Mr. Liebermann thanking him for
his services to the Town.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mr. Lapar had been instructed to give the Board a cost estimate
on testing wells on property south of Hilltop Well owned by
John Vorndran with the intent of an additional well for the
system. He reported that the cost would be approximately
$1,200 to $1,500 per each test well. Mr. Adams had been in
contact with Mr. Vorndran and said he would not object to this
testing. Mr. Versace then questioned Mr. Lapar on the purpose
0
of this testing ---what would it accomplish. Mr. Lapar replied
that this would mainly be for testing the capacity of a well;
they could not determine by this test if this would draw from
the other well in the same area, the only way they could do
that would be to drill the new well and then test it. In his
letter he stated that the information obtained by these test
wells would give data on the type of material encountered and
the potential yield of a permanent well, if it is to be con-
structed.
MRS. MILLS moved that the Engineer to the Town be authorized
to go to informal bid for testing the wells on the Vorndran
property.
Seconded by Mr. Johnson
Roll Call Vote: 4 Ayes Mr. Versace ---Nay
Informal Bids were put out by Mr. Lapar on the addition of
a Hydrant Extension Section at 11 Pye Lane and he reported
that one bid had been received from John Alexander, Inc. in
the amount of $800.00.
MR. JOHNSON moved that the bid for raising the Hydrant at 11
Pye Lane be awarded to John Alexander, Inc. in the amount of
$800.00.
Seconded by Mrs. Mills
Motion Unanimously Carried
A letter was received from Harry Reis, Vice President of
the Town's Insurance Carrier, Marshall and Sterling, Inc.
regarding their recommendation for reducing comprehensive and
collision coverages on town vehicles, after various meetings
with Mr. Horton and the Town Board Committee. The collision
coverage was deleted on six of the highway vehicles, and the
deductible was changed from $500.00 to $250.00, the passenger
vehicles deduction was reduced to $50.00 from $250.00; this
represented a savings of $600.00 which the Committee recommended
keeping in an escrow account for future purchases of vehicles.
MR. JOHNSON moved that the letter be received and placed on
file.
Seconded by Mrs. Reilly
Motion Unanimously Carried
The IBM Facility Engineers Report and Environmental Assessment
was received as required by the Planning Board.
MR. JOHNSON moved that the report be received and placed on
file.
Seconded by Mrs. Mills
Motion Unanimously Carried
Purusant to Article 3 A of Local Law 44 of 1981, the Bureau
of Fire Prevention submitted their Rules and Regulations for
approval by the Town Board.
MR. JOHNSON moved that the Rules and Regulations of the Bureau
of Fire Prevention be adopted.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Under Committee Reports, Mrs. Mills brought up a complaint
received from the merchants on Route 376 regarding a vendor
parked across from the entrance to George's Supermarket. This
food truck parks there in the morning and remains there for the
day, which, Mrs. Milts pointed out, was a violation of the Peddler's
Ordinance. The vendors are supposed to move their trucks at least
1,000 yards every thirty minutes.
MRS. MILLS moved that the Zoning Administrator be instructed to
investigate this matter and take the proper action.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mrs. Mary Schmalz was recognized by the Chair and said the ice
cream trucks should park on the same side of the street where the
children congregate, so they do not have to cross the street.
MRS. MILLS moved that a letter be sent to the State Police and the
Dutchess County Sheriff's Office asking them to please enforce the
Peddler's Ordinance, making sure they are licensed and they are
following the conditions of the Ordinance.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mr. Johnson reported that the Tri-Municipal Commission had
their regular meeting last Thursday night at which time resolu-
tions on the acceptance of a Wastewater Facility Plant and an
Environmental Plan were adopted. The adoption of these reso-
lutions did not bind the Town of Wappinger into these projects,
he reported, since he had had the attorneys research this for
him. Mr. Versace questioned why they could adopt these resolu-
tions accepting a facility plant without committing the Town of
Wappinger to participation in the project. Mr. Adams referred
to Mr. Quartararo's opinion which was given to Mr. Johnson that
approval of the conceptual plan is not an indication by the Town
that it is going to participate in the project. Mr. Johnson
further explained that each community involved in Tri-Commission
was asked to send a resolution approving these proposals and
the ones received were from the Village of Wappingers Falls and
the Town of Poughkeepsie. At this time the Commission is just
meeting its statutory obligations to complete the work that is
presented. If the Town of Wappinger decides by referendum that
they do not want to participate, that would be the end of it for
us. He repeated that these resolutions do not bind the Town of
Wappinger to participation in the project---it is now up to the
results of the referendum. Mr. Versace was not satisfied and
felt the Town Board should indicate to their representatives, by
resolution, that they are in agreement with the concept presented
on June 4th, 1981, and that has not been done; he did not feel
that our representatives should vote on these resolutions whether
binding or non-binding unless the Town Board gives its approval
that they intend, at some time, to participate in some phase of
Tri-Municipal. Mr. Diehl pointed out that they were attending
meetings as Commission members, not Town Board members and our
Town would not be held to any action they take at these meetings,
since the Board voted to abide by the Local Law calling for a
referendum for the public to decide.
Mr. Hirkala, being recognized by the Chair, asked if the approval
was for the plan presented or for the environmental study. Mr.
Johnson explained that it was for the environmental study and
wastewater facility report. His question was how could the
Commission even think of accepting the plan presented at the
hearing in view of the negative response it received. Further
discussion ensued on this plan and/or alternate ones or portions
that would be workable.
A Public Hearing having been held on the Rezoning of John
Montfort's property on Route 9, by the Town Board on July 28,
1981, the matter was now placed before them for their considera-
tion.
The following Ordinance was offered by MR. JOHNSON who moved
its adoption:
BE IT RESOLVED and ordained by the Town Board of the
Town of Wappinger, Dutchess County, New York, in pursuance
to the authority conferred by the laws of the State of New
York, as follows:
Section 1. The Town of Wappinger Zoning Ordinance and
Map adopted March 10, 1981, and as amended from time to time,
hereby further amends the Zoning Map by rezoning the following
described parcel of land from "R-80" (Residential Zone) to
"HB -2A" (Highway Business -2 Acres), said tract of land being
on the West side of Route 9, consisting of 10+, and more
particularly described as follows:
Tax Map #19-6156-02-710921 - John Montfort
Deed Recorded @ Liber 1353 Page 965
Bounded on the East by Route 9' South by
Greenfly Assoc.; West by Sage, Shaw, Nussbickel,
Utter, D'Agostino; North by Ship's Wheel, Inc.
Section 2. This amendment shall become effective upon
adoption, and as prescribed by Town Law.
Seconded by: Mrs. Reilly
Roll Call Vote: 4 Ayes Mr. Versace --Nay
The following Resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
WHEREAS an application was made to the Town Board of
the Town of Wappinger by John Lawrence for a rezoning of a
parcel of land, in the name of John Montfort - Tax Map
#19-6156-02-710921, in the Town of Wappinger located on
Route 9 at the northerly end of Greenfly Swamp, and
WHEREAS, said application was referred to the Dutchess
County Department of Planning and the Town of Wappinger Planning
Board, and
WHEREAS, the Town of Wappinger Planning Board reported to
the Town Board on July 27, 1981 that it favors said change, as
said change would be in conformity with other existing uses
in the area, and
WHEREAS, the County Department of Planning on July 27,
1981 reported to the Town Board of, the Town of Wappinger that
it opposed said Zoning change on the grounds that, in part,
as a wetland the area is ecologically sensitive to development
uses such as would be permitted in a highway business zone;
and, extension of highway business in this area would adversely
impact existing centers, add to traffic problems and set a
precedent for future requests of a similar nature, and
WHEREAS, the Town Board of the Town of Wappinger introduced
a public hearing for July 28, 1981, and such public hearing
was held on that date after due notice to the Town of Fishkill
NOW, THEREFORE, BE IT
RESOLVED, that the said zoning map amendment as set forth
in the attached Zoning Ordinance and Map amendment be adopted
for the following reasons:
1. The applicants for the Zoning amendment have submitted
preliminary plans of the subject property to DEC, and DEC has
considered the concept of the proposal, and has indicated it
appears reasonable. Further, they will review and evaluate
the freshwater wetlands application, and will work with the
applicant during design phases to ensure final design is
acceptable and meets with their approval.
2. The Town Board considers the proposed zoning change
to be the best use of the property and would result in the use
of the property in a manner compatible with the neighborhood
and considers the property ideally situated for said commercial
venture.
3. The applicants are knowledgeable concerning the problems
of the site and intend to develop it in a manner compatible to
the area and the Board is satisfied that their expertise will
mitigate the concerns expressed by the Dutchess County Department
of Planning.
4. Any use of the property will be subject to a permit
from the Department of Environmental Conservation for use of
Freshwater Wetlands, and site plan approval by the Town of
Wappinger Planning Board.
Seconded by: Councilwoman Reilly
Roll Call Vote: 4 Ayes Mr. Versace --Nay
A Public Hearing having been held on the Rezoning of certain
parcels of land in the Cooper Road area on July 28, 1981, by
the Town Board, the matter was now placed before them for their
consideration.
Mr. Johnson felt that at the public hearing it was indicated
by the residents that various conditions existed that the
Ordinance Committee had not anticipated.
MR. JOHNSON moved that this rezoning request be referred back
to the Ordinance Committee for further study and that the
regoning request be denied as presented at the public hearing.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Bids on the Widmer Road Culvert Replacement, Stream Cleaning
and Realignment were received and opened on the 30th of July
1981, and Mr. Lapar reported that four bids were received
as follows: Hyde Park Sand & Gravel ----$39,835.00, K & A
Excavating Cont., Inc. ----$48,010.00, LBJ Construction Co. ----
$62,212.50 and Ben Ciccone ----$72,615.00.
MR. JOHNSON moved that the bid be awarded to the low bidder,
Hyde Park Sand and Gravel and that the Supervisor be authorized
to sign the contract.
Seconded by Mr. Versace
Motion Unanimously Carried
At the last meeting the Comptroller was asked to draw up a
resolution to implement a Credit Union for the employees of
the Town, since it appeared that they were interested in it.
The following resolution was offered by COUNCILMAN VERSACE
who moved its adoption:
WHEREAS, the Town of Wappinger wishes to make
an employee's Credit Union for its employees and
WHEREAS, a number of employees have expressed
to join the T.E.G. Federal Credit Union and
available
a desire
WHEREAS, the Town Board must first make formal application
to the National Federal Employees Credit Union, before seeking
membership in the T.E.G. Federal Employees Credit Union, it
is hereby
RESOLVED, that the Supervisor be authorized to apply on
behalf of the Town for membership in the T.E.G. Federal
Employees Credit Union.
Seconded by: Councilwoman Mills
Roll Call Vote: 5 Ayes 0 Nays
At the last Town Board meeting two members from each Fire
District were appointed to the Bureau of Fire Prevention,
however, according to the Local Law #4 of 1981, it is also
required that the Board designate the Building Inspector as
a member of the Bureau.
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
RESOLVED that Hans R. Gunderud, Building Inspector of the
Town of Wappinger, be and he is hereby appointed by the Town
Board as a member of the Town of Wappinger Bureau of Fire
Prevention.
Seconded by Councilwoman Reilly
Roll Call Vote: 5 Ayes 0 Nays
Y''
A recommendation to award an informal bid on installing
concrete bases and posts on the Tennis Courts at Pye Lane
was received from Mr. Lapar. Although other items had also
leen put out to bid, it was his professional opinion that this
work should be done now and the rest of the resurfacing could
wait until a more opportune time.
MR. JOHNSON moved that the bid for installing concrete bases
and posts at the Tennis Courts be awarded to M. H. Wylde Cont.,
Co. in the amount of $2,920.00, as recommended by Mr. Lapar.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A request was received from the Pawling Savings Bank for a
building permit for Lot ##10 (actually Lot ##100) in the Pondview
Subdivision on Nancyaleen Drive. This lot had a previous building
permit which had expired since the builder had financial diffi-
culties and the Bank foreclosed on the property and was now the
present owner. Mr. Gunderud had directed them to the Town Board
for approval of a second building permit.
MR. DIEHL moved that this matter be referred to the Attorney
to investigate and report to the Board at the next meeting.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mrs. Judith Crawford wrote to the Board requesting permission
to block off a section of Cindy Lane in the Quiet Acres area
for a Block Party on September 12, 1981. This was their third
annual party and they never gave the Town any problems while
conducting this party; Mrs. Mills felt they should be granted
permission for this occasion and the proper authorities should
be notified.
MRS. MILLS moved that permission be granted to the residents
in Quiet Acres to block off Cindy Lane for their annual Block
Party and they be notified to contact the Sheriff's Office and
the Ambulance Company and also inform Mr. Horton of this intention.
Seconded by Mr. Johnson
Motion Unanimously Carried
A request was received from Judge Francese to attend the New
York State Association of Magistrates' Annual Conference and
Training Course at Grossingers from September 13 through the
16th, 1981, and another request from Judge Bulger for Gloria
Morse to attend the Association of Court Clerks at Grossingers
from September 13th through the 16th, 1981 and for Eleanor
Croshier to atend one day of this session.
MR. JOHNSON moved that permission be granted to Judge Francese
to attend his conference and permission also be granted to Gloria
Morse to attend the complete session and for Eleanor Croshier to
attend one day of the session.
kbe Seconded by Mrs. Reilly
Motion Unanimously Carried
Mr. Versace then questioned Mr. Adams on the status of the
Serenity Mission road bond and was told that they were still
waiting for a court date and he would again contact the court
asking for a preference date.
Mrs. Schmalz brought up the subject of the tennis lights which
seemed to be constantly on and this had been reported by some
of the residents previously. She claimed it was not vandalism
this time, but evidently the timer was not working properly,
and she recommended that the Town Patrol check this while on
their patrol and contact a designated person. Mr. Diehl pointed
out that the Patrol did not have a certain time to check out the
recreation areas each night and it might not be the time that the
lights should be out. They have been kept busy lately checking on
violators of the open container law and received many calls each
night. A solution to this problem would be to check the timer
kie
and replace it if necessary.
MRS. REILLY moved that the Town Patrol check the lights at the
tennis lights and if they are on after 11:00 P.M. they should
contact Mary Schmalz and inform her of this fact.
Seconded by Mrs. Mills
Motion Unanimously Carried
MR. VERSACE moved that the Recreation Commission be directed
to look into the matter of a new timer for the tennis lights.
Seconded by Mrs. Reilly
V Motion Unanimously Carried
MR. JOHNSON moved to adjourn the meeting, seconded by Mrs.
Mills and carried.
The meeting adjourned at 9:58 P.M.
Reg. Mtg. 8/10/81
Elaine H. Snowden
Town Clerk
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