1978-06-12 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
JUNE 12, 1978
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. ACCPET MINUTES Feb. 14, '78 - March 13, '78 Regular
May 15, '78 & May 22, '78 Special
4. REPORTS OF OFFICERS
Bldg. & Zoning
5. RESOLUTIONS
Town Justices Receiver of Taxes
1. Local Law - Parking in Fire Lanes - Village Crest
2. Local Law - Handicap Parking Areas
3. Watch Hill Sewer Improvement
4. Introduce Ordinance amendment - Signs
5. Introduce Amendment of Hawking & Peddling License. Ordiinance
6. Introduce amendment of Rules & Regulations with relation to
Public Inspection and copying of Town records
7. Award bid for Football equipment - Recreation Commission
8. Peddlers License - Dunagan
9. Award Bid for Tennis Courts
6. PETITIONS & COMMUNICATIONS
a. Mrs. Devon Foley re: conditions of Chelsea Boat Ramp/with
petition
b. Mrs. Robert Bugbee request for Street Lighting at Larrissa Lane
c. New Hackensack Fire District Board of Fire Commissioners re:
Installment plan payment of Taxes
d. Dutchess County Office for the Aging re: extension of Fiscal
year to 12/31 for Care -A -Van
e. Rudolph E. Lapar Reports:
1. Report for formation of Mid Point Sewer Improvement #4
2. Dana Place Storm Drain estimate
3. Change Order for CWW Contract #10 - Fire Hydrant Additions
4. Top O'Hill Water Pumping Station - esthetics
f. Leo Lowney, Village Clerk re: arrange meeting to discuss dog
complaints
g. Phil LoPinto re: expelling reporters from Board meetings
h. Lafko Associates request return of retainage on Wildwood Flow
meter contract (1976)
i. Attorney to Twn letter re: Truett Release
7. COMMITTEE REPORTS
8. UNFINISHED BUSINESS
a. Camo Report on Sanat Patel, and final decision on Patel repair bill
b. Joseph Ruscitti re: release of part or all of Bond White Gates
Meter Pit Project
c. Permission to phase Inspection fees for Cranberry Hills;
d. Attorney to Town re: Pitometer Associates proposals
9. NEW BUSINESS
10. ADJOURNMENT
744
The Regular Meeting of the Town Board of the Town of Wappinger
was held on June 12, 1978 at Town Hall, Mill Street, Village
of Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:05 P. M.
Present:
Louis Diehl, Supervisor
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Others Present:
Elaine H. Snowden, Town Clerk
Rudolph LaPar, Engineer to the Town
The Minutes of the Regular Meetings of February 14, March 13,
April 10 and May 8th and Special Meetings of May 15 & May 22,
1978, having been previously sent to the Town Board umbers by
the Town Clerk be and they are hereby approved.
MR. JENSEN moved the Minutes of the Regular Meetings of February
14, March 13, April 10 and May 8th, 1978 and the Special Meetings
of May 15 & May 22, 1978, as submitted by the Town Clerk be &
they are hereby approved.
Seconded by Mr. Johnson.
Motion Unanimously Carried
The reports for the month of May were received from the Building
Inspector, Zoning Administrator, Receiver of Taxes& Town Justices.
MR. JOHNSON moved to accept the reports from the Building
Inspector, Zoning Administrator, Receiver of Taxes and Town
Justices and place them on file.
Seconded by Mrs. Reilly.
Motion Unanimously Carried
kir The following resolution was introduced by Supervisor Louis
D. Diehl, who moved its adoption:
WHEREAS the taxpayers of this state, county, town and village
have been sorely pressed with the burden of taxation, and
WHEREAS, despite this fact, the taxpayer has been paying
increased school, county and state taxes, and
WHEREAS several assessments within the Village and Town of
Wappinger have recently increased, and
WHEREAS the Town of Wappinger assessors have made appli-
cation to the State Board of Equalization and Assessment for an
increased equalization rate for the Town of Wappinger,
NOW, THEREFORE, BE IT RESOLVED that the New York State Board
of Equalization and Assessment is hereby urged to review the
application for a special equalization rate and to grant the same
to the Town of Wappinger so as to prevent any increase in the tax
45
burden upon the residents of the Town of Wappinger and the Village
of Wappingers Falls, who are already bearing a substantial burden
of the taxes of the school district and of the County of Dutchess.
Seconded by Mr. Johnson Dated June 12, 1978
Motion Unanimously Carried
Mr. Incoronato, being recognized by the chair asked why the rate
for the school district went up in the Town's of Wappinger and
Fishill. Did it have anything to do with our rejection of the
assessment figures presented by Cole, Layer & Trumble? Another
factor to be considered is that in the recent assessment, some
4,000 parcels were reevaluated in the town and this will affect
the school rate also.
Mr. Diehl explained that was why he had presented this reso-
lution because of the fact assessments had gone up in the Town,
he wanted the school board to consider this and equalize the
tax rate so in essence it would be comparable.
Mr. Versace, being recognized by the chair expressed the hope
that since we are asking the State, County & School to hold
down their tax rate, the Town would do the same.
A Public Hearing having been held on Local Law #2, 1978, Pro-
hibiting Parking or Standing by any Motor Vehicle in marked Fire
Lanes maintained by Village Crest Apts. on May 22, 1978, the
matter was placed before the Board for their consideration.
MR. JOHNSON moved to adopt Local Law #2, 1978, Prohibiting
Parking or Standing by any Motor Vehicle in Marked Fire Lanes
Maintained by Village Crest Apts. as follows:
A LocalLaw adopted pursuant to Vehicle and Traffic Law
Section 1660-a.
Be it enacted by the Town Board of the Town of Wappinger
as follows:
SECTION 1. There shall be no parking or standing by any
motor vehicle in lanes marked fire lanes within those parking
areas and driveways maintained by Village Crest Apartments,
its successors or assigns. 4
SECTION 2. It shall be the responsibility of the owner
of Village Crest Apartments, its successors or assigns to con-
struct and maintain signs and other markings appropriate to
identify fire lanes and to provide notice of tow -away restric—
tions and fines. Said signs shall conform to the uniform
standards perscribed by the New York State Department of trans-
portation to the extent provision is made for such signs.
SECTION 3. Any motor vehicle found staniiing or parked
within an area designated as a fire lane may be removed or towed
away and any owner or operator of suchotor vehicle shall be
subject to payment of reasonable fees for such removal and
storage.
SECTION 4. Violation of this local law shall be subject
to a fine not greater than $25.00.
kio
Seconded by Mrs. Mills.
Motion Unanimously Carried
A Public Hearing having been held on Local Law #3, 1978 Prohibiting
Parking in
the matter
MR. JENSEN
646
Areas Designated for Handicapped Drivers on May 22, 1978,
was placed before the Board for their consideration.
moved to adopt Local Law #3, 1978 Prohibiting Parking
in Areas Designated for Handicapped Drivers as follows:
A Local Law providing compliance with Section 1203-a of the
Vehicle & Traffic Law.
BE IT ENACTED by the Town Board of the Town of Wappinger
as follows:
SECTION 1. It shall be unlawful for any motor vehicle to
park in an area within the Town of Wappinger designated for hand-
icapped drivers unless such vehicle has and displays a parking
permit for a handicapped person duly authorized in the manner
prescribed by Vehicle and Traffic Law, Section 1203-a.
SECTION II. Violation of this local law shall be subject
to a fine no greater than $25.00.
Seconded by Mrs. Reilly.
Motion Unanimously Carried
MR. DIEHL noted that the applications for Handicapped Parking were
in his office & upon filling out these applications & having them
certified by a physician, the permits would be given out.
The following Resolution was introduced by Councilman JOHNSON who
moved its adoption:
WHEREAS, the Town of Fishkill billed the Watch Hill Improvement
Area customers directly in 1977, and
WHEREAS, bills have been submitted this year to the Town of
Wappinger.
NOW, THEREFORE, BE
authorized and directed
amount set forth on the
to`the Town of Fishkill
Improvement Area.
Seconded by Mr. Jensen.
IT RESOLVED that the Comptroller is hereby
to collect from each of the residents the
attached list, and to forward said proceeds
for the operation of said Watch Hill Sewer
Motion Unanimously Carried
The following Ordinance was introduced by Mr. Johnson who moved its
adoption:
Be it Ordained by the Town Board of the Town of Wappinger as
follows:
SECTION 424 of the Zoning Ordinance of the Town of Wappinger
duly adopted on January 29, 1963 is amended as follows:
SECTION 1. Section 424 is amended by the addition of the
following paragraph following subparagraph d:
Free standing or temporary signs located within any business
or industry district shall be located and set back no less than 25 feet
from any front, side or rear line of a lot.
74'7
SECTION 2. This ordinance shall take effect upon adoption,
posting and publication.
Seconded by Mr. Jensen.
Motion Unanimously Carried
MR. JOHNSON moved to seta Public Hearing on June 28, 1978, at
7 P.M. EDST at Town Hall, Mill Street, Village of Wappingers Falls,
New York on an Ordinance to amend the Zoning Ordinance of the Town
of Wappinger (Section 424 -Signs) at which time all interested persons
will be heard.
Seconded by Mrs. Reilly.
Motion Unanimously Carried
The following Ordinance was introduced by Councilwoman REILLY who
moved its adoption:
Be it Ordained by the Town Board of the Town of Wappinger as
follows:
The Ordinance requiring license for sale of merchandise by
hawking and peddling duly adopted by the Town Board on August 26,
1970 is amended as follows:
SECTION 1. Section three is amended by increasing each license
fee established therein to thirty five ($35.00) Dollars.
SECTION 2. Section 8 is deleted and the following is substituted
in its place.
d
No hawker or peddler shall maintain his vehicle in one place for11
more than 30 minutes, and upon the expiration of said time, he shall
move his vehicle or vending stand or cart to another location at
least one thousand yards from the prior location used by him. Violation
of this section shall be an infringment of this ordinance, and upon
conviction, the license issued to the offender shall be subject to
revocation in the manner prescrived by Town Law Section 137.
The provision of this Section 8 shall not apply to those persons
who make sales at the home residence of their purchasers.
SECTION 3. This ordinance shall take effect upon adoption,
posting and publication.
Seconded by Mrs. Reilly
Councilwoman Reilly moved to set a Public Hearing on June 28, 1978,
at 7730 P.M. EDST at Town Hall, Mill Street, Village of Wappingers
Falls, Dutchess County, New York on an Ordinance to Amend the Hawking
& Peddling Ordinance of The Town of Wappinger at which time all in-
terested persons will be heard.
Seconded by Mr. Johnson.
Motion Unanimously Carried
d
x`48
The following resolution was introduced by Councilman
Jensen, who moved its adoption:
A Resolution Amending the Rules and Regulations with
Relation to Public Inspection and Copying of Town Records
As Adopted On April 10, 1978.
Be it Resolved that the rules and regulations governing
public inspection and copying of town records as adopted on
April 10, 1978 shall be amended as follows:
Section 1. Paragraph A is amended by adding the following
paragraph thereto:
Records of any town official or agency may be requested
at the office of the Town Clerk if the request is made in
writing and if the request is sufficiently descriptive of the
records sought so as to permit the town official to identify
the records sought to be inspected or copied. Upon receiving
such request, the Town Clerk shall, within two business days,
forward the same to the appropriate town official, who shall
then respond to such request in the manner otherwise pre-
scribed by these rules and regulations. There shall be
allowed an additional seven business days to any period pro-
vided herein for a response to a request for records to per-
mit transmittal of the request and records to and from the
Town Clerk's office.
Seconded by Mr. Johnson
Motion Unanimously Carried
Bids on Footbal Protective Equipment for 1978 were received -
Raleigh Athletic Equipment Corp. in the amount of $1,112.00 &
Schumann Army & Navy Store in the amount of $1,200.00. The
Recreation Commission recommended the bid be awarded to the low
bidder - Raleight Athletic Equipment Corporation in the amount
of $1,112.00.
Mr. JOHNSON moved that the bid on Football Protective" -Equipment
for 1978 be awarded to the low bidder, Raleigh Athletic Equipment
Corporation in the amount of $1,112.00 as per recommendation
of the Recreation Commission.
Seconded by Mrs. Reilly.
Motion Unanimously Carried
An application for a Peddler's License to sell ice cream was
received from Michael and Barbara Dunagan.
MRS. MILLS moved to approve a Peddler's License for Michael &
Barbara Dunagan.
Seconded by Mrs. Reilly.
Motion Unaimously Carried
,74;9
Bids for two (2) tennis courts, Serenity Mission, Pye Lane were
received and openedby the Town Clerk on June 2, 1978. The
Bid Specs Specified 2 alternates - alternate A for 2 courts
and alternate B for 4 courts. The 2 bids received were as
follows:
Alternate A Alternate B
Daniel MacNamee $30,$28'.60 $51,672.00
Argenio Bros. 37,838.60 63,442.00
Mr. LaPar recommended that Alternate B, for 4 courts be
awarded to low bidder Daniel MacNamee in the amount of $51,672.00.
The Town Board objected to the title of "Serenity Mission".
MR. JENSEN moved that this name "Serenity Mission" be eliminated
from the bid title.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Diehl then explained that $25)000 was budgeted for 2
Tennis Courts & approved, which, according to these bids does
not cover the cost of 2 courts & although it would be a saving
to install 4 courts, he would recommend they accept the low
bid on Alternate A at this time & not expend the additional
monies.
MR. DIEHL moved that the bid for 2 Tennis Courts at Pye Lane be
awarded to Daniel MacNamee in theamount of $30,828.60 and further
that the additional figure over the $25,000 budgeted $5,828.60
be transferred from Federal Revenue Sharing Fund CF -1910.4
contingency to CF -7110.4 Recreation.
Seconded by Mr. Johnson
Motion Unanimously Carried
MR. JOHNSON moved to authorize the Supervisor to sign the contract
with Daniel MacNamee for 2 Tennis Courts, total amount of
$30,828.60.
Seconded by Mrs. Reilly
Motion Unanimously Carried
The following letter was received:
May 11, 1978
Town Board Member
c/o Elaine Snowden
Town Clerk
Mill Street
Wappingers Falls, N. Y. 12590
Dear Board Members;
Attached please find petition signed by Town of Wappinger
tho
residents regarding the conditions of the boat ramp at
Chelsea, N.Y.
We Would like these placed on the next Town Board
Agenda.
The enclosed pictures taken the week of April 25,
1978, show the existing conditions of the boat ramp at
the Chelsea Recreation Site.
As you will note, repairs and improvements are badly
needed in order that this ramp can be used in the upcoming
boating season.
The conditions that now exist prohibit the launching
of our pleasure crafts.
We would greatly appreciate it if you would reccommend
to the Town Recreation Commission our request for the
improvements to be made at this Site as soon as possable.
Thank you for cooperation in this matter.
CC:
Town Recreation Commision
Mill Street,Wappingers Falls
New York 12590
Sincerely,
S/Mrs.Devon I.Foley
Mr. Diehl had discussed this matter with Mr. Maurer, Chairman
of Recreation and Mr. Horton Highway Superintendent & after
an inspection of this site, it was decided to reconcrete the
ramp and make the necessary repairs.
Mr. Incoronato, being recognized by the chair, noted that he
had visited this site & noticed a lot of cars that he felt
were not Town residents. As long as money was being expended
and the taxpayers would be footing the bill, it should be for
the use of Town residents only and I D's could perhaps be
issued to them.
MR. DIEHL moved to instruct Mr. Maurer, Chairman of the Re-
creation Commission and Mr. Horton, Highway Superintendent to
concrete the boat ramp at Chelsea, make all necessary repairs
& post a new sign that this ramp is for Town residents only.
Seconded by Mrs. Mills.
Motion Unanimously Carried
A request for installation of streets lights on Larissa Lane
received from Mrs. Robert Bugbee, 9 Larissa Lane, with a
petition signed by the residents of that road.
MR. JOHNSON moved that this
Hudson requesting that they
determine costs involved to
Seconded by Mrs. Mills.
communication be sent to Central
conduct a study of the area and
create a street lighting district.
Motion Unanimously Carried
no
751
A letter was received from the Board of Fire Commissioners
of the New Hackensack Fire District regarding the install-
ment payment plan for town taxes and how it has affected them.
They have found it increasingly difficult to meet their ex-
penses due to the extended collection period, nor can they
invest any monies with tri -payment tax collection. They
requested the Town Board to return to the previous method of
collection of taxes or a share of the penalties on late pay-
ments.
The following memo was received:
June 9, 1978
To: Town Board Members
From: Matthew Ryan, Comptroller
Re: New Hackensack Fire Department 's Letter of 5/19/78
The New Hackensack Fire District, in their letter, has
requested either relief from the "Tri -Payment" method of tax
collection or a share of the penalties fro the late payments.
I cannot find any legislation authorizing the "splitting"
of fees and I would recommend that this request be turned over
to Mr. Rappleyea for further investigation.
I have, however, had some luck with the County Office of
Computer Services. They are able to prepare two tax bills -
one for State, County and Town taxes and one for all Special
District taxes (fire, lighting, water and sewer). The
Special District taxes could be removed from the Tri -Payment
schedule while the State, County and Town Taxes could still
be paid over the seven (7) months.
s/Matthew Ryan, Comptroller
MRS. MILLS moved that this matter be referred to the attorney
for review & recommendation.
Seconded by Mr. Jensen.
Motion Unanimously Carried
Mr. Johnson requested that the comptroller be directed to con-
tact the County for information on additional costs involved
for the preparation.of two tax bills as this could have a
bearing on any action they might take on reverting to the
old method of collection.
A letter was received from the Dutchess County Office for the
Aging requesting a change in the contract calendar year. At
present the contract year runs from August 1 to July 31st;
they feel that changing this to coincide with the municipal-
ities fiscal year (January 1st - December 31st) would be more
convenient. At this time, they suggest extending the present
contract until December 31, 1978 then start a new contract on
January 1, 1979.
MR. JENSEN moved that the present Care -A -Van contract with
Dutchess County Office for the Aging be extended to December
31, 1978 at the same rate as now exists - $625.00 per month.
Seconded by Mrs. Mills.
Motion Unanimously Carried
The following report was received:
May 11, 1978
Town Board
Town of Wappinger
Mill Street
Wappingers Falls,N.Y.12590
Re: Report for the Formation
of the Mid -Point Park
Sewer Improvement Area #1V
Dear Board Members:
The following report contains the necessary information for
the formation of the Mid -Point Park Sewer Improvement Area
#II as per your request.
The report states the immediate requirements of the Improve-
ment, presents design data, estimates of construction, opera-
tion and maintenance costs, and suggests a method of obtain-
ing the necessary revenues.
Very truly yours,
s/Rudolph E. Lapar,P.E.
MR. JENSEN moved to receive this report and place it on file.
Seconded by Mr. Johnson.
Motion Unanimously Carried
The second report from Mr. LaPar was on Dana Place Storm Drain:
May 16, 1978
Town Board
Town of Wappinger
Mill St.
Wappingers Falls, N.Y.12590
Re: Dana Place
Storm Drain
Dear Board Members:
At your meeting on May 8th, you requested that my office pro-
vide an estimate for this project and any viable alternates.
Research into alternates other than directly down Dana Place
to Wildwood Drive, have proven fruitless since we must get
easements and they are at least the same distance, if not
further to the natural stream discharge point. We have,
therefore, submitted, in our opinion, the only viable solution.
Our estimate, is based on bids received by the Town in March
1978, which is attached.
Very truly yours,
s/Rudolph E. Lapar, P.E.
753
MR. JENSEN moved that this report be received & placed on
file & further that a letter be directed to Mr. Horton,
Highway Superintendent requesting that he make a field in-
spection of the area to ascertain if there are any illegal
drains emptying out on Dana Place.
Seconded by Mrs. Mills.
Motion Unanimously Carried
The following letter was received from Rudolph LaPar on
Change Order *1 Central Wappinger Water *10 Pire Hydrant
Contract.
May 17, 1978
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.12590
Re: Central Wappinger Water Imp.#10
Fire Hydrant Contract
EDA Protect *NY -01-51-26277
Dear Board Members:
Enclosed please find proposed Change Order *1 for the above
project for your approval. This is as anticipated in the
letter sent to you dated May 4, 1978 (copy enclosed).
The full amount of this change order may never be reached
due to the anticipated amount (7) of hydrants yet to be
raised. However, the work will be paid for as accomplished
by the contractor.
If you have any questions, please call.
Very truly yours,
s/Joseph E. Paggi, Jr.,P.E.
Mr. Diehl explained there would be no additional monies ex-
pended as this was under a Federal grant.
MR. JENSEN moved to approve the change order submitted by Mr.
LaPar on Central Wappinger Water *10 Fire Hydrant Contract.
Seconded by Mr. Johnson.
Motion Unanimously Carried
A letter was received from Mr. LaPar on regarding the beau-
tification of the pumping station at Top 0 Hill Road which
had been requested by Mr. Johnson at the May meeting. The
contractor was, at present, filling in and seeding the area
as was required by the contract. However, Mr. Lapar felt
this would not satisfy the residents of that area. It was a
question of beautifying the pumping station without destroying
the functionary features mandated by the State.
754
Mr. Johnson did not have the time to check this out with the
residents of the area as to what might be esthetically pleasing
to them & he requested this item be tabled until next month.
A letter was received from Leo Lowney, Village Clerk of
Wappingers Falls, requesting a meeting with Village of
Wappingers Falls Board of Trustees and The Town Board to discuss
dog complaints.
MR. DIEHL moved that this request be forwarded to our attorney,
Mr. Allan Rappleyea, who is very familiar with this subject
410 and request that he discuss this with the Village Board of
41.
Trustees.
Seconded by Mr. Jensen.
Motion Unanimously Carried
The following letter was received:
May 16, 1978
Wappinger Town Board
Mill Street
Wappinger Falls, New York 12590
Gentlemen:
It has come to our attention that on two recent ocassions this
year a newspaper reporter has been expelled from Wappinger Town
Board meetings.
At one of these meetings, in February, the journalist was asked
to leave a Board discussion concerning the drainage fees for the
Cranberry Hills development. This expulsion was later termed
illegal by Robert Freeman, coordiantor of the New York State
Sunshine Law.
The second epsiode which violated the public's right to infor-
mation occurred at the April 24 Wappinger Zoning Board meeting.
Here again, a local news reporter was banned from a meeting which
should, by law as well as reason, have been accessible to anyone.
It is difficult to understand the Board's motivation on these two
occassions. We bring these incidents to your attention in hope
that these abridgements of the the public right to know do not
become Board policy.
41110 Sincerely yours,
s/Phil LoPinto
For the Wappinger Democratic Club
Mr. Cortellino interjected, at this point, to report that he
was present at the meeting Mr. LoPinto referred to & it was not
a meeting, merely a discussion with the attorney to refresh their
memory of an old case.
755
Mr. Diehl further explained that the first instance Mr. LoPinto
referred to was not, in the opinion of the Attorney to the Town,
an open meeting since possible legal action was anticipated.
Mr. Johnson felt there was a question on Mr. Freemans ruling
since he was not present and heard only one version.
Mr. Cortellino further noted that when the Zoning Board of
Appeals is considering a matter, the Sunshine Law does not
apply since it is a quasi Judicial proceeding, which would be
comparable to a session in the Judges' chambers, which is not
open to the public.
A request was received from Lafko Associates for a return of
the retainage fee ($198.75) on Wildwood Flow Meter Contract.
MRS. MILLS moved to return the retainage fee of $198.75 for
Wildwood Flow Meter Contract to Lafko Associates.
Seconded by Mr. Johnson.
Motion Unanimously Carried
A letter was received from Mr. Lapar that the Flow Meter
at the L & A Sewage Treatment Plant is in need of calibration
and he recommended that this work be done.
MR. DIEHL moved that the Engineer be instructed to make
necessary immediate repairs on the Flow Meter at L & A Sewage
Treatment Plant.
Seconded by Mrs. Mills.
Motion Unanimously Carried
The following letter was received:
June 1, 1978
Town Board
Town of Wappinger
Town Hall
Mill Street
Wappingers FE.11s, New York 12590
Re: Truett
Gentlemen:
I attach hereto a letter dated May 24, 1978 from Gregory
McAdam, the attorney for the Truetts. Mr. McAdam has asked
that we reconsider the language of the lease prepared by this
office for the reasons indicated therein.
Under the language of the release prepared by us in re-
sponse to the instructions as understood, we prepared a release
that absolved the Town of Wappinger from any past, present or
future liability with respect to drainage waters flowing over,
through, or under the lands of the Truetts. Their attorny has
no objection to the release as to claims arising from waters
past and present but does object to the language which would
absolve the town of any future responsiblity.
1
75.6
We would appreciate your direction with respect to this
matter in view of the sentiments expressed by Mr. McAdam.
Very truly yours,
s/John Holden Adams
MR. JOHNSON moved to instruct our attorney that the language
of the Truett release as it presently reads, shall remain the
same.
Seconded by Mrs. Mills.
Motion Unanimously Carried
The following letters were received regarding a dead maple
tree on Dr. Hannigan's property:
June 7, 1978
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, New York 12590
Re: Dead Maple Tree on Dr. Dan Hannigan's
Property - where water line was placed
Dear Board Members:
Enclosed is copy of my memo dated May 24, 1978 to Jon Adams,
Esq. and a copy of his reply of May 31, 1978 in reference to
the above mentioned property.
The enclosed is for your perusal and action.
Very truly yours,
s/Rudolph E. Lapar, P.E.
MR. DIEHL recommended that this matter be referred to mis-
cellaneous committee (Bernice Mills and Janet Reilly) for
investigation and report back to the Board on their findings.
Seconded by Mrs. Mills.
Motion Unanimously Carried
A letter was received from the Planning Board regarding the
need for a new Zoning Ordinance. They have received various
requests, one of which was the need for an interpretation of
the number of uses permitted in commercial zones plus proposed
Zoning amendments that were pending, and these facts led them
to their opinion that the board should consider this matter.
Mr. Diehl directed this be referred to the Ordinance Committee
(Nicholas Johnson & Janet Reilly) for a report at the next
meeting.
757
A letter was received from Mr. Hawksley, Chairman of the
Conservation Advisory Committee requesting an increase of
$700.00 in 1978 budget for participation in a project con-
ducted by the Dutchess County Environmental Management Council
for the purpose of verifying the accuracy of preliminary
Department Environmental Conservation freshwater wetland maps.
The Council intended to hire a local biologist to complete
the job of checking the wetlands between 6 & 12 acres.
MR. DIEHL moved to place this matter on next months agenda
in order to obtain more information.
Seconded by Mrs. Reilly.
Motion Unanimously Carried
Under Committee Reports, Mr. Jensen reported that a memo was
received tonight from the CATV Committee. The cable company
have not, as yet, fulfilled any of their stated goals.
Mr. Cortellino briefly discussed the situation. The Cable
Company has been promising for 3 months that we would be getting
our signal for reception from Mt. Beacon but it is still coming
from Cider Mill Loop. He met with Mr. Erichson today who told
him that some of the lower channels (not mentioning which ones)
were coming from Mt. Beacon, but most of them are not. The
reason for the delay is the automatic switching equipment is not
on hand & they are waiting for delivery for 2 months. He has
not delivered service to those areas as promised, and the 2 way
check stations, as promised, have not been realized. We do not
have VHF channels & we are losing some of our other channels to
educational programs.
Mr. Jensen thought it might be appropiate for a letter to be
directed to the State Agency on cable & indicate that al-
though a rate increase had been granted this company, the
service has not improved nor promises fulfilled.
This matter was referred to the attorney for review and re-
commendation.
MR. DIEHL moved to direct the attorney to send a letter to
Congressman Hamilton Fish indicating our concern of the loss
of channels which are being used for educational programs, also
a letter be directed to the N. Y. State Commission on Cable TV
informing them of the non-performance of their cable company and
and since a rate increase has just been approved,perhaps it should
‘.4
758
be reconsidered.
Seconded by Mrs. Mills.
Motion Unanimously Carried
The following report was received from Camo Pollution Control on
sewer blockage at the home of Sanat Patel, 45 Cider Mill Loop.
May 31, 1978
On Monday, April 17, 1978, Bob Church came to Oakwood STP and
notified Bob Brusie of a possible main sewer blockage on Cidar
Hill loop drive. We investigated the main sewer line and found
it to be free and flowing fine. We informed the home -owner of
the responsibilities if there was a broken pipe and also ex-
plained that he was responsible for any blockages in the line.
Having obtained a signed release form, CAMO contacted Rotor -
Rooter Service to come and try to clear the sewer laterial.
The Rotor -Rooter representative's attempts to clear the line
were unsuccessful and it was his opinion that the line was broken.
The home -owner reported that he begun having problems the day
after a fire hydrant was installed in front of his home. While
Roter-Rooter had a snake in the sewer laterial, we were able to
pin -point the problem tothe trench that was dug in the street
to install the fire hydrant. This was possible due to the
grinding sound made by the power snake at the break.
Wilson Excavating was contacted and came in to repair the problem.
When they were digging, they inadvertently ripped up the sewer
laterial. We were unable to determine the previous state of the
pipe. When the repairs were made to the sewer laterial, the home-
owner's problems disappeared. Wilson's personnel stated that
they didn't see any laterial when they installed the hydrant.
s/Bob Brusie
MR. DIEHL movedto reimburse Mr. Patel for the monies expended
due to sewage problems caused by blockage of main sewer line
upon receipt of a signed Town voucher.
Seconded by Mr. Johnson
Motion Unanimously Carried
MR. DIEH1 moved that the attorney contact Wilson Excavating Co.
and ascertain their responsiblity in this matter.
Seconded by Mrs. Mills.
Motion Unanimously Carried
The following letter was received:
April 29, 1978
Town of Wappinger (Town Borad)
123 Mill Street
Wappingers Falls, New York
Subject: Release of surety bond for the White Gates Meter Pit.
Gentlemen:
I posted a certified check for the sum of $7500.00 as
security fot he White Gates Meter Pit. I have completed the
project. There is 5% maintenae retainage that will be held
for one year. It would greatly be app-icated if you could re-
lease the bond or part of it.
Thank you
s/Joseph Ruscitti, Pres.
Joseph Ruscitti Inc.
759
MR. DIEHL moved to retain 10% of this amount and release the
remainder to Mr. Ruscitti, as recommended by our Engineer.
Seconded by Mr. Johnson.
Motion Unanimously Carried
A letter had been received at last months meeting from Harold
Mangold, attorney, representing DWS Holding, Inc., Cranberry
Hills Development requesting that downstream drainage fees be
phased until such time as building permits are issued. The
Board had tabled it for more information.
MR. DIEHL moved that our attorney direct a letter to Mr.
Mangold, attorney for DWS Holding, Inc., for a clarification
of their request.
Seconded by.Mr. Johnson.
Motion Unanimously Carried
A letter was received from the Towns Attorney regarding his
review of proposals submitted by Pitometer Associates regarding
water leaks throughout the Town.
MR. DIEHL felt that a substantial amounof leaks have been
found & felt a study should be made to ascertain what leaks we
had previousley & what we'd have now. He directed that this
be further discussed at the next Town Board meeting.
Mr. Incornnato being recognized by the chair brought up the
matter of the Fleetwood Fence encroachment on Town recreation
property. Mr. Lapar had a communication from the survey working
on this and he expected the map would be finished within the next
two weeks.
Under new business Mr. Hawksley reported that he had attended
a meeting, at the request of the Board, at Texaco. The purpose
of this meeting was to determine if there was enough interest
between surrounding municipalities & other interested groups
to react to oil spills & other similiar disasters on the Hudson
River. At present time there is no organization that will re-
d
Id
spond & contain such oil spill. There was quite a bit of interest
expressed & they are relying, largely on volunteer Fire Depts.
to serve as an initial responding core & they are now looking
for locations where container apparatus can be stored. He re-
commended that a member of the Town Board attend further meetings
with him so they can be kept informed.
Mr. Diehl asked Mr. Hawksley where this apparatus would be
stored, could it be outside & if so there should be acreage in
the surrounding municipalities that could prove useful for this
purpose.
Mr. Hawksley then discussed the funding for the apparatus. As
of April a 1 tax was levied on every barrel of oil transported
on the Hudson River, this would go into a fund to be used for
this operation. They asked that the Towns request cooperation
from their Fire Departments, they would be properly trained.
Mr. Diehl recommended that Mr. Hawksley attend the next meet-
ing on this matter and we will request our Fire Chief & mem-
bers of the Fire Dept. to attend & see what involvement the
Town will have in this project. He requested that Mr. Hawksley
keep the Twon Clerk aware of meetings, so she in turn can in-
form our Fire Depts. & request their participation..
Mr. Diehl set a Special Meeting for June 15, 1978 at 9 P.M.
at Town Hall, Mill Street, Wappingers Falls, New York.
A Public'iHearing had been set for an Ordinance Amending the
Zoning Ordinance for Town of Wappinger & also an Ordinance
to amend the Zoning Map of the Town of Wappinger at 7 P. M.
the same evening. The meeting would be for the purpose of
considering adoption of these 2 ordinances plus any other
business that may properly come before the Board.
MRS. MILLS reported that she had received several complaints
regarding a parcel in Wildwood II owned by Robert Berberich.
It appeared that he was expanding his sand & gravel business
which was conducted on this property & she questioned if this
was classified as non -conforming.
MRS. MILLS moved that this matter be referred to the Zoning
460 Administrator for his investigation & report.
Seconded by Mr. Jensen
Motion Unanimously Carried
MR. DIEHL moved to adjourn the meeting seconded by MRS. MILLS
& unanimously carried.
The meeting adjourned at 10:01 P. M.
Regular Meeting June 12, 1978
Elaine H. Snowden
Town Clerk
760