1980-09-08 RGM•
r!
I;
I;
AGENDA
TOWN BOARD
TOWN OF WAPPINGER
SEPTEMBER 8, 1980
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO THE FLAG
3. Accept Minutes
4. REPORTS OF OFFICERS
Town Justices
Reg. Aug. 11, 1980
Bldg/Zoning Rec. Taxes Comtraer/ Supervisor
Town Justice Bulger corrective report for May & June
5. PETITIONS & COMMUNICATIONS
a.
b.
c.
d.
e.
f.
g.
h.
j.
k.
1.
m.
n.
H. Cuatt, Compt. re: Urban County Consortium
Requests from Sup. Diehl, T. Logan, H. Gunderud to attend
conferences
R. Tallman re: Van de Carr Trailer
Peter Geraci re: complaint of Harrassment by T/Zng. Dept.
Mr. & Mrs. Licari-DaNino Rest., middlebush Rd. St. Lighting request..
Mrs. Joanne Schuder re: Water bill adjustment
Mr. & Mrs. J. P. Orsley re: request reimbursement for Sewer
backup damages
Sue Banks request for speed limit in Chelsea
Assessment Review Proceedings: Leemilts Petroleum Inc.; White
Gate Associates; City of New York; A & J Parsons, Inc.;
John & Henrietta MacDonald
Correspondence from Wm Sanford, Ex. Secit, Asscn. of Towns to
Amelia Crosby
Report from Attny re: Schofield vs Gunderud
Shay Morey, Am. Heart Asscn, Bike-A-Thon
Wm. Horton re: Bel -Aire Drainage project
Application for Hawking & Peddling License - Joyce & Walter Goff
6. COMMITTEE REPORTS
Architect Contract for Town Hall
7. RESOLUTIONS
a,
b.
c.
d.
e.
f.
g.
Amended Bond Res. Bel -Aire Drainage Project
Bonding Res. Highway Sweeper
County - Snow Removal
Vacancy - Recreation Commission
Regis Fields, Board of Assessment Review- Term expires Sept. 30th
(five year term)
Request for Budget Transfers - H. Cuatt, Compt.
Installation of direct line for S & W Terminal
8. UNFINISHED BUSINESS
a. Response from DOT re: Bridge - Rte 9D
b. Wm. Horton response to McCann Complaint
c. H. Gunderud response to Wm. Horton suggestion re: driveway insp. fee
d. C.A.DiMarcos offer to purchase Toon Bldg. on Rte
9. NEW BUSINESS
10. ADJOURNMENT
The regular meeting of the Town Board of the Town of Wappinger
was held on September 8, 1980 at Town Hall, Mill Street, Dutchess
County, Village of Wappingers Falls, New York.
Supervisor Diehl opened the meeting at 8:09 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Jon Holden Adams, Attorney
Henry Cuatt, Comptroller
Cadet Troop #92 was present and Supervisor Diehl asked that they
come forward and lead the public in the Pledge to the Flag.
All stood and said the Pledge of Allegiance to the American Flag.
The Minutes of the meeting of August 11, 1980, having previously
been sent to the Town Board, were now placed before them for their
consideration.
Mrs. Mills questioned the vote recorded on a resolution on a "Vote
of Confidence" from the Town Board relating to an emergency expendi-
ture ordered by Supervisor Diehl at the Fleetwood Plant. This action
had been critized by Mr. Versace and Mr. Diehl explained that it
was a necessary action and asked the Board to support him. The
Vote had been recorded as Mr. Diehl ---Abstain, Mr. Johnson ---Aye,
Mrs. Mills ---Aye, Mrs. Reilly ---Absent, Mr. Versace ---Abstain. Mrs.
Mills did'nt recall that Mr. Diehl had abstained on this vote. How-
ever, his response when the vote was taken, was not audible on the
tape, and no written vote was taken, therefore, since it was a vote
of confidence for his support, it was assumed that he had abstained.
Mr. Adams then questioned Mr. Diehl on his intent when voting on
this resolution and he replied that he had voted "Aye".
MR. JOHNSON moved that the minutes of the August 11, 1980 meeting
be approved, with the correction noted, as submitted by the Town
Clerk.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Reports were received for the month of August from the Town
Justices, Building Inspector/Zoning Administrator and a corrective
report from Justice Bulger for May & June, also from the Supervisor
Comptroller for August.
MRS. MILLS moved that the reports as noted above, be accepted and
placed on file.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mx. Cuatt had forwarded a memo to the Board on Urban County
Consortium for their consideration and at this time wished to
discuss the matter with them. He had attended a meeting at the
County Executive's office on August 28, 1980 and the subject of
discussion was the formation of a consortium to participate in
the Community Development Block Grant program. This was developed
to assist communities that were not entitled to receive funds under
the conventional community development program. In order to parti-
cipate in Dutchess County, the combined population had to be a
minimum of 200,000; therefore they had to have just about 100%
participation from the municipalities in our county; the city of
Beacon would be included but not the city of Poughkeepsie. The first
grant would be for one year; thereafter grants would be for there
year periods. There was no guarantee that these grants would be
received and it was very doubtful that Wappinger would be considered,
at least not the first year. For now it would be a move on our part
to help the other municipalities. It was primarily based on the
income, but there were other requirements involved. Among the
eligible activities were acquisition of property for clearance,
acquisition cEproperty for rehabilitation or preservation, construc-
tion or improvement of water and sewer lines, relocation payments
to help people move because of development activity, removal of
architectural barriers to help elderly or handicapped persons,
flood and drainage facilities, housing rehabilitation, cost of
planning and administering the block grant program, certain neigh-
borhood revitalization and economic development activities, special
assessments resulting from block grant -funded public improvements
and design costs of public facilities and improvements. A list of
3
ineligible activities were also summarized and detailed descriptions
were available.
RESOLUTION AUTHORIZING THE TOWN OF
WAPPINGER TO ENTER INTO AN AGREEMENT
WITH THE COUNTY OF DUTCHESS FOR THE
PURPOSE OF UNDERTAKING A COMMUNITY
DEVELOPMENT PROGRAM PURSUANT TO THE
HOUSING AND COMMUNITY DEVELOPMENT
ACT OF 1977.
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
WHEREAS, The Secretary of Housing and Urban Development
of the United States is authorized, under Title I of the Housing
and Community Development Act of 1977, to make grants tostates
and other units of general local government to help finance
Community Development Programs, and
WHEREAS, Section 99-h of the General Municipal Law of the
State of New York grants to any municipal corporation the power,
either individually or jointly with one or more other municipal
corporations, to apply for, accept and expend funds made available
by the Federal government, either directly or through the state,
pursuant to the provisions of any Federal law which is not
inconsistent with the statutes or constitution of this State,
in order to administer, conduct or participate with the Federal
government in programs relating to the general welfare of the
inhabitants of such municipal corporation, and
WHEREAS, the Community Development Act of 1977 and any
"Eligible Activities" thereunder are not inconsistent with the
statutes or Constitution of the State, and
WHEREAS, a number of municipalities have requested Dutchess
County's participation, and the County of Dutchess has determined
that_it is desirable and in the public interest that it make
application for Community Development Block Grant funds as an
Urban County, and
WHEREAS, participation by the County of Dutchess as an
Urban County in the Community Development Program requires that
the Town of Wappinger and the County of Dutchess cooperate in
undertaking, essential community development and housing activities,
specifically those activitues authorized by statutes enacted
pursuant to Article 18 of the New York State Constitution, and
WHEREAS, this Board deems it to be in the public interest
for the Town of Wappinger to enter into a Cooperation Agreement
with the County of Dutchess for the aforesaid purposes, now
therefore, be it
RESOLVED, that Supervisor Diehl be and he hereby is authorized
to execute a Cooperation Agreement between the Town of Wappinger
and the County of Dutchess for the purposes of undertaking a
Community Development Program pursuant to the Housing and Community
11
Development Act of 1977.
Seconded by: Frank Versace
Roll Call Vote: 5 Ayes 0 Nays
30
Requests were received from Supervisor Diehl and Mr. Logan to
to attend the Assessors Conference from October 6th through
October 10th, 1980, from Mr. Hans Gunderud to attend the New
York Building Officials Conference on September 18 and 19, 1980.
MR. JOHNSON moved to grant permission to these Town Officials to
attend their respective conferences and also for the Town Board
to attend the Planning and Zoning Conference, all at Town expense.
Seconded by Mr. Versace
Motion Unanimously Carried
Mr. Richard Tallman was present and had previously requested to
speak on the subject of the VandeCarr trailer. At the request of
the Town Board, correspondence between the Building Inspector/
Zoning Administrator and the Attorney to the Town had been sent
to Mr. Tallman after his objection to the action taken by the
Zoning Board of Appeals. He felt that they had not addressed the
subject that he had originally brought up. He brought up the legal
notice which stated that the trailer was being put on a specific
lot and this was not done. Mr. Diehl had spoken to the Zoning
Administrator who felt that he had made the proper decision in
determining the position and location of the trailer, and Mr.
Diehl went on to explain that this was the realm of the Zoning
Administrator, not the Town Board. He then asked that the Town
Board take legal action against Mr. Gunderud, then changed it to
corrective action. Mr. Adams explained that the only action the
Town Board could take would be an Article 78 against the Town
employee. The Town Board was satisfied with Mr. Gunderud's report.
Mr. Tallman, however, was not, and pursued the matter of the legal
notice, which in his opinion, was not proper.
MR. JOHNSON moved that the Attorney be directed to research the
legal notice In the matter of the variance for a -trailer on the
VandeCarr property to determine whether a flaw existed and if so,
would it negate the action taken by the Zoning Board of Appeals.
Seconded by Mr. Versace
Roll Call Vote: 5 Ayes 0 Nays
Mr. Versace felt that part of this problem came from the fact that
the person seeking the variance owned additional parcels and they
in fact became the abutting owners who, by law, were notified of
the pending action. He recommended that the law be changed to include
the first parcel of land beyond the parcel or parcels owned by the
applicant and requested the Attorney to proceed with this change in
the regulations of the Zoning Board of Appeals. The other members of
the Town Board concurred with this action.
Mrs. VandeCarr then asked to speak on the matter and explained the
procedures that she followed. It had not occurred to her that each
lot was a different number, she therefore used the one on which her
house was situated. The trailer was for her aging father since her
own home did not have the room. She was anxious to have the matter
settled so her father could live his remaining years in harmony with
their neighbors; this had upset him and she felt for him since his
health required that he be near his family. She had letters from
seven families stating they had no objection to the position of the
trailer. She asked that the Board come to a decision so they may
have peace of mind.
Mr. Tallman then rebutted that he had a letter from a realtor stating
that his property had decreased in value by 10% since the trailer was
placed where it now stood. Mr. Diehl remarked that this was an opinion
of one man and asked that the discussion close.
A complaint was received from Mr. Peter Geraci regarding alleged
harassment by the Zoning Department. He explained that he had been
in business selling TV sets from his home until complaints were
received by the Town. He then applied for a special use permit which
was denied and he was forced to go out of business; he was given until
December of 1979 to cease this business. The Building Inspector then
checked him out in February of 1980 to make sure the business had
stopped; then in March of 1980 he had a 2 day garage sale and was
again visited by the Building Inspector who had received an anonymous
complaint that he was back in business. Just recently he had another
visit from this department who had received another complaint that he
was selling portable toilets. This, it seemed was the straw that
broke the camel's back and he objected strongly to this constant
harassment and if it continued, would have to take legal action.
Aside from his aggravation, these anonymous calls which were answered
by the Building Inspector were a waste of his time when he could be
taking care of more pressing matters. He felt that the Town
agencies should not take anonymous calls; they could keep it
private if they so desired, but the officials should know who is
registering these complaints. When asked by Mrs. Mills if he was
still repairing TV's, he said he was not doing it commercially,
just as a hobby.
MR. JOHNSON moved that this matter be referred to Mr. Gunderud
for his report to the Town Board.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Versace concurred with Mr. Geraci in the matter of refusing
complaints without the person providing a name, address and
telephone number.
MR. VERSACE moved to instruct all Town Officials, agencies, and
employees to refuse any complaints unless the name, address and
telephone number was given in order that it can be verified that
it is a legitimate complaint.
Seconded by Mr. Johnson
Motion Unanimously Carried
A request was received from Mr. & Mrs. Licari who are opening
DaNino Restaurant on Middlebush Road and were seeking a "Night
Light" on the existing street pole in front of their property.
This request was also signed by several residents of the area.
Both Mr. Versace and Mrs. Reilly had visited the site and had
determined that due to the fact that Middlebush Road was a county
road and no town street intersects at that point, it would not be
legal to install a street light. However, Mr. Diehl reported that
a street light was located about 1,000 feet from that site and a
new sodium light could be installed there. The present one was
covered with treeb_ranches and was a low voltage; the new one would
improve the lighting and would increase the contract by $37.00
per year.
MR. VERSACE moved to accept Mr. Diehl's recommendation and authorize
him to sign a contract with Central Hudson for the installation of
a new sodium light on the pole at Cameli Drive and Middlebush Road,
3
and notify Central Hudson to proceed with the necessary mechanics
to install this light.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mrs. Joanne Schuder wrote to the Board concerning an adjustment
on a water bill she felt she was entitled to after receiving a
water bill in the amount of $167.78. Her past bills averaged
$80.00 per billing for the last two years. The meter was tested
and found to be defective and a new meter installed. The Board
felt that the claim was justified and the resident should be
reimbursed for the difference in the water bill.
MRS. MILLS moved that under these circumstances, the Schuder's
should be reimbursed the sum of $87.78 which was the difference
between the present water bill and the average bill, and the
Comptroller be notified to make such reimbursement.
Seconded by Mr. Johnson
Motion Unanimously Carried
Another claim for reimbursement was received from Mr. and Mrs.
John P. Orsley for cleaning costs and damage to their floor due
to back-up of a sewer maintained by the Town. The insurance
carrier had refused the claim as they felt there was no negli-
gence on the part of the Town. Mr. Johnson felt that the district
should pay for the cleaning of the rug, but before they entertained
the cost of replacing the tiles, they should check with the insurance
carrier to determine why they reached their decision.
MR. JOHNSON moved to reimburse the Orsley's for cleaning the rug
in the amount of $30.00 and this amount should be charged to the
district.
Seconded by Mr. Versace
Motion Unanimously Carried
A letter from Sue Banks in Chelsea and a petition signed by the
area residents for a 30MPH speed limit in the hamlet of Chelsea
was received and discussed by the Town Board.
MR. DIEHL moved that the County of Dutchess and the New York
State Department of Transportation be requested to set a 30 MPH
speed limit in the Chelsea area, to include Lea Lane, Booth
2 34
Boulevard, the Thornacres Development, the hamlet of Chelsea,
including Front Street, and River Road North and South (exclusive
of the Chelsea Ridge Apartment Complex).
Seconded by Mr. Johnson
Motion Unanimously Carried
Mrs. Snowden informed the Board that she had been served with
five Tax Certioraris namely---Lemilts Petroleum Inc., White Gate
Associates, City of New York, A&J Parsons, Inc., and John and
Henrietta MacDonald. All were repeats except Parsons, and Mrs.
Snowden had forwarded these to the duly appointed attorneys to
handle the proceedings, but they now needed formal referral.
MR. JOHNSON moved to refer these Certioraris to Rosen, Crane &
Wolfson who were the duly appointed attorneys to defend on behalf
of the Town of Wappinger.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mr. William Sanford, Executive Secretary of the Association of
Towns, wrote to Mrs. Crosby, our Receiver of Taxes, congratulating
her on the class she conducted at their conference in August. He
praised her professional and thoughtful cooperation in involvement
in the strengthening of local government at the town level.
MR. DIEHL moved to congratulate Mrs. Crosby on behalf of the Town
Board and that this letter be received and placed on file.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Adams wrote to the Board in regard to litigation Schofield vs.
Hans Gunderud, et al, reporting that this matter had been resolved
to the satisfaction of the Town.
MR. JOHNSON moved to receive this communication and place it on
file.
Seconded by Mrs. Mills
Motion Unanimously Carried
The Dutchess County Chapter of the American Heart Association
requested permission to use town streets to conduct their annual
Bike-A-Thon on September 28, 1980, rain date October 5th.
a
MR. JOHNSON moved to grant permission to the American Heart
Association, Dutchess County to conduct their Bike -A -Thou
throughout the Town of Wappinger and recommended that they inform
the law enforcement agencies and the ambulance company.
Seconded by Mrs. Mills
Motion Unanimously Carried
The following letter was read:
September 3, 1980
Town Board, - Town of Wappinger
Town Hall - Mill Street
Wappingers Falls, N.Y. 12590
Re: Bellaire Drainage Project
Ladies and Gentlemen:
I am very interested in knowing the projected starting date
for the above project, as the construction season is rapidly
growing to a close. I believe bids were called in March, since
at the March 10th meeting the comptroller was directed to arrange
for the financing.
Unless construction begins immediately it will probably be
necessary to postpone construction until 1981.
Very truly yours,
s/ William P. Horton
Mr. Diehl replied, after conferring with the Attorney, that the
contract would be signed, as authorized by the Board, within the
next week, and it was expected that construction would start in
the very near future and be completed by the fall.
An application for a Peddler's License was received from Joyce and
Walter Goff to operate a Hot Dog truck in the Town.
MR. JOHNSON moved that a Peddler's License be issued to Mr. & Mrs.
Goff to operate a Hot Dog truck in the Town of Wappinger.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mrs. Snowden then reminded the Board that due to the Holiday on
October 13th, 1980, the regular scheduled Town Board would have to
be changed, if they so desired.
MRS. MILLS moved to change the Town Board meeting from October 13th,
to October 15th, 1980, due to the Columbus Day Holiday which was
being celebrated on October 13, 1980.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Under Committee Reports, Mrs. Mills renewed her complaint on the
debris that was collecting on the lot on Wildwood Drive and New
36
• Hackensack Road. It had previously been reported to Mr. Gunderud,
and it was clean for awhile, but now the fill and gravel was being
piled up on the lot.
MRS. MILLS moved that Mr. Gunderud be directed to again investigate
the dumping at the lot on Wildwood Drive and New Hackensack Road and
report to the Board.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mr. Versace recommended that the Town Patrol be notified to be on
the alert during the hours that they patrol that area for vehicles
that may be dumping and also request the Sheriff's Office to check
the area in the daylight hours, and report any activity to theBoard.
Mrs. Reilly asked that no action be taken on the Architect Contract
for the Town Hall and that it be placed on the Agenda for next month.
Mr. Johnson reported that the Ordinance Committee had started their
review of the new Zoning Ordinance and had met this past week with
the Building Inspector and the Planning Board and Zoning Board. The
review would continue for several months.
The Tri -Municipal meeting scheduled for last week was postponed
until Thursday of hext week. A Public Informational Meeting has
been planned for September 15th at Vassar Road School at 7:30 P.M.,
and the environmental consultants are expected to present the final
plan with cost estimates. He hoped to see a good turnout from people
in districts and with septic problems and expected comments from all.
A RESOLUTION AUTHORIZING THE RECONSTRUCTION OF CERTAIN TOWN HIGHWAYS
IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, AT A MAXIMUM
ESTIMATED COST OF $168,000, AND AUTHORIZING THE ISSUANCE OF $8,400
CAPITAL NOTES AND $159,600 SERIAL BONDS TO PAY THE COST THEREOF AND
REPEALING A SIMILAR BOND RESOLUTION HERETOFORE ADOPTED IN CONNECTION
THEREWITH.
The following resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
BE IT RESOLVED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. The reconstruction and resurftheimg of Bel -Aire
Lane and Orange Court, town highways in the Town of Wappinger,
Dutchess County, New York, including construction of necessary
curbs, gutters and drainage facilities, is hereby authorized.
Section 2. The maximum estimated cost of such specific object
or purpose is $168,000, and the plan for the financing thereof is
as follows:
a) By the issuance of $159,600 serial bonds of said Town,
hereby authorized to be issued pursuant to the Local Finance Law; and
61mliii 1110,1
11
06,
lh
b) By the issuance of $8,400 capital notes of said Town,
hereby authorized to be issued pursuant to the Local Finance Law.
Such capital notes shall be sold at private sale and all further
powers in connection with the details and the sale thereof are
hereby delegated to the Supervisor in accordance with the Local
Finance Law. Pursuant to Section 107.00 of the Local Finance Law,
the proceeds from the sale of such capital notes will be provided
prior to the issuance of the bonds herein authorized or bond
anticipation notes.
Section 3. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is fifteen
years, pursuant to subdivision 20 (c) of paragraph a of Section
11.00 of theLocal Finance Law. It is hereby further determined
that the maximum maturity of the serial bonds herein authorized
will exceed five years.
Section 4. The faith and credit of said Town of Wappinger,
Dutchess County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such obligations as the
same respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such year.
There shall annually be levied on all the taxable real property in
said Town a tax sufficient to pay the principal of and interest on
such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law,
the power to authorize the issuance of and to sell bond anticipation
notes in anticipation of the issuance and sale of the serial bonds
herein authorized, including renewals of such notes, is hereby
delegated to the Supervisor, the chief fiscal officer. Such notes
shall be of such terms, form and contents, and shall be sold in
such manner, as may be prescribed by said Supervisor, consistent
with the provisions of the Local Finance Law.
Section 6. This resolution supercedes a bond resolution
heretofore adopted on July 14, 1980 in connection with the subject
matter hereof and such earlier resolution is hereby repealed,
provided however that such repeal shall not affect the validity of
any bond anticipation notes heretofore issued pursuant to the
authorization set forth in said resolution and any such notes shall
be deemed to have been issued in anticipation of the sale of the
bonds authorized herein.
Section 7. The validity of such bonds, capital notes and bond
anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at the
date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 8. Upon this resolution taking effect, the same shall
be published in full in The W & SD News, the official newspaper,
together with a notice of the Town Clerk in substantially the form
provided in Section 81.00 of the Local Finance Law.
Section 9. This resolution is adopted subject to permissive
referendum.
Seconded by: Councilman Versace
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
^~-°=~-^"-~=
A RESOLUTION AUTHORIZING THE ISSUANCE OF $52,905 SERIAL BONDS OF
THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE
COST OF THE PURCHASE OF CERTAIN HIGHWAY EQUIPMENT.
The following resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
BE IT RESOLVED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. The specific object or purpose of the Town of
Wappinger, Dutchess County, New York, for which the serial bonds
herein authorized are to be issued is the purchase of a four
wheel hydraulic street sweeper for use by the Town Highway
Department of said Town.
Section 2. The maximum estimated cost of such specific
object or purpose if $52,905, and the plan for the financing
thereof is by the issuance of $52,905 serial bonds of said Town
hereb authorized to be issued therefor pursuant to the Local
Finance Law.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is fifteen years, pursuant to subdivision 28 of paragraph a of
Section 11.00 of the Local Finance Law. It is hereby further
determined that the maximum maturity of the serial bonds herein
authorized will not exceed five years.
Section 4. The faith and credit of said Town of Wappinger,
Dutchess County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such bonds as the
same respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and
interest on such bonds becoming due and payable in such year.
There shall annually be levied on all the taxable real property
in said Town a tax sufficient to pay the principal of and interest
on such bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, form and contents,
and shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with the provisions of the Local Finance
Law.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money,or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity if
commenced within twenty days after the date of such publication, or
3) Such obligations,are authorized in violation of the
provisions of the Constitution.
Section 7. This resolution, which takes effect immediately,
shall be published in full in The W & SD News, the official news-
paper, together with a notice of the Town Clerk in substantially
the form provided in Section 81.00 of the Local Finance Law.
Seconded by: Councilman Versace
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
)3
L
L
RESOLUTION FOR SNOW REMOVAL DURING THE 1980-81 WINTER SEASON.
The following resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
WHEREAS, the Town Superintendent of Highways has been
requested to remove snow from County roads, and to sand or
otherwise treat them for the purpose of removing the danger
of ice and snow, by the Commissioner of Public Works of Dutchess
County, in accordance with Article 6, Section 135-a of the
Highway Law, now therefore be it
RESOLVED, that the Town Superintendent be and he is herein
authorized to perform such work as is found necessary, at the
hourly rate as fixed by the State Commissioner of Transportation
for the renting and hiring of such equipment for the Winter
1980-1981.
Seconded by: Councilwoman Mills
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
A vacancy still existed on the Recreation Commission; Mrs. Mills
asked that the Chairman of the Commission contact Mrs. Reis and
request that she send in a resume for the second time. Although
Mrs. Reis said she sent in a resume to a box number of the Town,
it was not received either by the Town Clerk or the Recreation
Commission.
Mrs. Snowden informed the Board that the term of Regis Fields,
member of the Board of Assessment Review, would expire on September
30th, and asked the Board if they wished to act on this matter.
MR. JOHNSON moved to table action on the expiration of the term
of Regis Fields until the next Board meeting.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Cuatt requested that the following transfers be made:
Contingency A1990.4, $22.00 to Historian A7510.4, and Contingency
CF1990.4, $2,500.00 to Vandalism Patrol CF3120.4.
MR. JOHNSON moved that the transfers recommended by the Comptroller
be approved as follows: Contingency A1990.4, $22.00 to Historian
A7510.4 and Contingency CF1990.4, $2,500.00 to Vandalism Patrol,
CF3120.4.
Seconded by Mrs. Reilly
Motion Unanimously Carried
40
The sum of $6,500.00 was needed to upgrade the fields at
Robinson Lane; Mr. Johnson explained that $3,500.00 of this
money was available in the current Recreation Commission budget
and the remaining $3,000.00 would have to be transferred from
the contingency account.
MR. JOHNSON moved to transfer $3,000.00 from Contingency A1990.4
to Recreation Commission, Contractual Expenses, A7110.4 for the
purpose of upgrading the fields at Robinson Lane, and that the
Comptroller be authorized to supervise the expenditure of these
funds.
Seconded by Mr. Versace
Motion Unanimously Carried
Mr. Cuatt wrote to the Board requesting authorization to pay an
additional $50.00 per month for a direct line hook-up for the
sewer and water terminal. He had previously requested approval
from the Board for this installation and before he received
official approval, the line was installed by the County, due to
a communication gap. There were adequate funds in the account,
therefore he did not need a transfer, just authorization.
Mr. Versace then stated that he objected to the procedure that
had been taken in this matter; he did not object to the expendi-
ture, only in the method of handling it.
MR. JOHNSON moved to authorize the Comptroller to expend the
amount of $50.00 per month which represented the additional monthly
charge on the direct line for the sewer and water terminal.
Seconded by Mrs. Mills
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
WHEREAS Steven I. Petvai and Carol F. Petvai (hereinafter
"owners") are owners of premises known as Lot #1, Map 3326 as
filed in the Dutchess County Clerk's Office, said lot situate
in the Town of Wappinger, Dutchess County, New York, and
WHEREAS, in order to undertake drainage improvements, the
Town of Wappinger (hereinafter "town") and the owners wish to
exchange drainage easements on lands of the owners to permit
drainage work on Bel -Aire Lane, now
BE IT. RESOLVED. that upon tender to the town of
the easement annexed hereto as Exhibit A. duly signed and
acknowledged in the
form annexed, the town shall tender to
4'
said owners a release of easement as more particularly
described in Exhibit B annexed hereto, and
BE IT FURTHER RESOLVED that the town supervisor shall be
and is empowered to execute said release from the town to the
owners, and
BE IT FURTHER RESOLVED that if the drainage easement and
drainage improvements :..undertaken on Bel -Aire Lane do not
substantially resolve excessive drainage flow from Aladdin
Court and Bel -Aire Lane, the Town shall install an additional
catch basin on Aladdin Court.
Seconded by: Councilwoman Reilly
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
An agreement between Leon J. Evanietz and the Town of Wappinger
Recreation Commission enabling the Commission to use a small
triangular piece of property next to the Schlathaus land and
bordering All Angels HillRoad and Myers Corners Road,
for recreational purposes was submitted to the Town Board for
their approval. This property would primarily be used for
parking when the Commission conducted events at the Schlathaus
Park; it was for the consideration of $1.00 per year, and in
turn, the Commission would maintain this parcel.
MRS. REILLY moved that the Supervisor be authorized to sign the
agreement between Leon J. Evanietz and the Town of Wappinger
for recreational purposes.
Seconded by Mr. Johnson
Motion Unanimously Carried
RESOLUTION AUTHORIZING SALE OF REAL PROPERTY
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
WHEREAS the Town of Wappinger has received an offer for
the purchase of certain real property more fully described in
Schedule A annexed hereto from one C. A. DiMarco, and
WHEREAS the Town Board of the Town ofWappinger has deter-
mined that theoffer to purchase by said C. A. DiMarco, said
offer being to purchase said premises for the sum of THIRTY-FIVE
THOUSAND ($35,000.00) DOLLARS is a fair and reasonable price and
represents the fair market value of said property, and
WHEREAS the Town Board of the Town of Wappinger is desirous
of conveying said premises to C. A. DiMarco for the sum of
THIRTY-FIVE THOUSAND ($35,000.00) DOLLARS, subject to a permissive
referendum as prescribed by law,
NOW BE IT RESOLVED that the Town Supervisor of the Town of
Wappinger is authorized toenter into a contract of sale for
42
the premises described in Schedule A annexed hereto for the sum
of THIRTY-FIVE THOUSAND ($35,000.00) DOLLARS, said premises to be
conveyed for the purchase price of THIRTY-FIVE THOUSAND ($35,000.00)
DOLLARS, and said contract to be in form and content acceptable
to the attorney to the town, and
BE IT FURTHER RESOLVED that the Town Supervisor of the Town
of Wappinger is empowered upon tender of the purchase price afore
said to execute on behalf of the Town of Wappinger a bargain and
sale deed conveying title of the premises to C. A. DiMarco, and
to take those steps necessary to undertake such conveyance, and
BE IT FURTHER RESOLVED that the conveyance of said real
property shall be subject to a permissive referendum, and
BE IT FURTHER RESOLVED that pursuant to Town Law Section
64, subdivision 2, Section 82 and 90, that within ten (10) days
of the date of this resolution, the Town Clerk shall post and
publish a notice which shall set forth the date of the adoption
of the resolution, shall contain an abstract of such resolution
concisely setting forth the purpose and effect thereof, shall
specify that this resolution was adopted subject to a permissive
referendum; and shall publish said notice in the official news-
paper of the town, and in addition thereto, the Town Clerk shall
post or cause the same to be posted on the signboard of the Town
of Wappinger a copy of said notice within ten (10) days after
the date of the adoption of this resolution.
Seconded by: Councilman Versace
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
UNFINISHED BUSINESS
A letter had been received from the Regional Design Engineer
of the New York State Department of Transportation regarding
the culvert project at Route 9D which stated that the structure
at 9D is not the controlling factor responsible for the backwater
which occurs and causes upstream inundation. However, they would
be widening the bridge and were anticipating that all downstream
obstables would be removed. Mr. Lapar was not satisfied with the
response and called it a "yes" and "no" letter; he intended to
follow up on this letter and talk to Mr. Newhart for cost estimates
and alternates and would keep the Board informed.
Mr. Lafko, on this subject, said he had been doing some research-
ing himself and walked the Marshall property which he just bought,
and noticed some sludge dumping. He asked for a member of the
Board to visit the site with him, and Mrs. Mills volunteered,
since she was on the Drainage Committee; Mr. Johnson said he
would check it out next week and Mr. Versace also wished to
investigate this area; Mr. Lapar would also make his own inspection.
Mr. Horton had responded to the McCann Complaint on the entrance
to the trailer park on Ketchamtown Road after a second review of
the site, and still held with the same opinions. Since assuming
his position as Highway Superintendent, this was the first complaint
he had in this matter and wondered why when Mr. McCann stated that
"50 cars go in and out every day".
Mr. Diehl said he had written to Mr. Spratt, Commissioner of
Dutchess County Public Works on this subject, and felt that before
the Board made any determination, they should wait for Mr. Spratt's
response.
MR. JOHNSON moved to receive Mr. Horton's letter, place it on
file and table action until a response was received from Mr. Spratt.
Seconded by Mr. Versace
Motion Unanimously Carried
Mr. Horton had submitted a proposal on driveway inspections fees
which had been referred to Mr. Gunderud for his comments. He did
not agree with Mr. Horton and felt this would penalize the majority
of builders and developera for the problems caused by a few.
MR. JOHNSON moved that both Mr. Horton and Mr. Gunderud be invited
to the next work shop session on September 22, 1980, to discuss this
matter pro and con.
Seconded by Mr. Versace
Motion Unanimously Carried
Mr. Versace wished to discuss the problem of low water pressure
experienced by residents of Oakwood Knoll about a week ago. The
reason could not be determined, but according to Mr. Versace who
had discussed the matter with Mr. Tremper of Camo Pollution Control,
it was recommended by Mr. Tremper that the two water meters in the
system be replaced by two smaller ones at a price of $280.00 total,
plus a $200.00 installation charge. The money was available in the
district fund, and the two meters they were replacing could possibly
be used elsewhere.
MR. VERSACE moved that the sum of $480.00 be expended from the
Oakwood Knolls Water District representing the cost of two new
meters and installation of same and that Mr. Tremper of Cairo
Pollution Control, Inc. be notified of this action.
Seconded by Mr. Johnson
Motion Unanimously Carried
44
MR. VERSACE moved that Camo Pollution Control, Inc. be directed
to check the two water meters that are being removed from the
Oakwood Knolls Water District to determine if they are functional
and can be used in another district.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Ernest Galderisi, being recognized by the Chair, asked if
the Board could request better lighting on Kent Road at Fenmore
Drive and Cady Lane. There had been a serious accident there
several months ago, killing three teenagers, and he felt the
lighting was very poor.
Mr. Diehl referred this to the Lighting Committee for their review
and recommendation (Mr. Versace and Mrs. Reilly).
Mr. Fulton, being recognized by the Chair, had several questions
for the Board: Did_Mr. Versace receive any information from the
Attorney in the matter of the maintenance bond posted by Serenity
Mission for water and sewer service? Mr. Adams was present and
said he had written to the Albany office of the bonding company
and was waiting for a reply. He then asked if the bills for the
Central Wappinger Water Area had been sent out and Mr. Diehl assured
him that they did and Fairchild should have theirs by now. They
were billed the amount set by Mr. Lapar after extensive research
was done; they would have a year to determine if this was a correct
and acceptable amount. Mr. Diehl then informed Mr. Fulton, when
he continued to question him, that all the facts were compiled in
his office and he was welcome to them. Mr. Fulton continued on
and asked if an opinion was received from the Attorney regarding
the documents pertaining to alleged conflict of interest on the
part of the Engineer to the Town. Mr. Adams had been out of town
and had not seen these documents, but would give an opinion after
his review of them. Mr. Fulton then questioned the matter of the
Town selling the property on Route 9 and the procedure they were
following. Shouldn't they go to bid on this; he presumed that would
be the proper way and he certainly would be interested in bidding on
this property.
In reference to the "emergency" expenditure of $14,000. 00 in the
Fleetwood district, the following letter was received from Mr.
Adams, which had been requested by Mr. Versace at the August
meeting.
August 27, 1980
Town Board
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, New York 12590
6
Dear Members of the Board:
At the last regularly scheduled Town Board meeting, you
asked for our opinion as to what procedure was necessary for the
declaration of an emergency in the context of the otherwise
applicable provisions relative to competitive bidding.
In our opinion, the declaration of emergency should be the
individual or body within the town responsible for the approval
of contracts. Under the provisions of Town Law, the Town Board
has general authority with respect to the letting of contracts,
and under such circumstances, the Board should be the agency
within the town making such determination.
The foregoing would not preclude the board from designating
an individual or agency within the town to substitute its judgment
or to make the determination on behalf of the board. However,
in such instance, I would suggest that specific guidelines be
defined insofar as the ability of any individual to act on behalf
of the town in contracting for services that might be required on
an emergency basis as such is ceiling as to the amount of funds
that could be expended by such officer or agency in the event
of emergency.
Very truly yours,
s/ Jon Holden Adams
Mr. Versace felt that this should be a subject of discussion at
their next work shop session and they should determine the amount
of money the Supervisor or any member that they designate could be
authorized to expend in an emergency situation.
Mr. Lafko was recognized by the Chair and asked the Board what
they now intended doing about the aquifer tests that were being
conducted at the Hilltop Plant since the Massachusetts firm that
had started them, could not proceed due to inadequate electrieal
facilities. He further informed them it would be a 20 week delay.
Mr. Diehl replied that they would be done as soon as possible and
that was the information supplied to both county and state.
There was no other business to come before the Board.
MR. JOHNSON moved to adjourn the meeting, seconded by Mrs. Mills
and unanimously carried.
The Meeting adjourned at 10:45 P.M.
Ppg. Mtg. 9/8/80
OJAAJ2._
Elaine H. Snowden
Town Clerk