1978-05-22 SPM719
A Special Meeting of the Town Board of the Town of Wappinger
was held on May 22, 1978, at the Town Hall, Mill Street
Wappingers Falls, New York.
Notice of said meeting was mailed to each Board member on
May 10, 1978, calling the meeting for 6:45 P.M. May 22, 1978,
for the purpose of Awarding a Bid for Voting Machines. Notices
were also given of asid meeting to the Poughkeepsie Journal,
Southern-Dutchess News (W&SD News), and the Beacon Evening
News,. Radio Stations, WBNR, WHPN, WEOK, AND WKIP, and a notice
was posted on theTown Clerk's Bulletin Board on May 10, 1978.
Supervisor Diehl called the meeting to order at 7:02 P.M.
Present:
Supervisor Diehl, Supervisor
Bernice Mills, Councilwomen
Janet Reilly, Councilwomen
Gladys Ruit, Deputy Town Clerk
Jon Holden Adams, Attorney representing Allan Rappleyea
Absent:
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Mr. Diehl stated that the purpose of the meeting was to con-
sider awarding the bid for two (2) voting machines.
One bid was received from AVM Corporation for two (2) auto-
matic voting machines in the amount of $2,365.00 per
machine.
MR. DIED moved to award the bid to AVM Corporation for two (2)
automatic voting machines in the amount of $2,365.00 each on
the basis that this was legally advertised and has been before
the Town Board since the 8th of May.
Seconded by Bernice Mills
Roll Call. Vote: 3 ayes 0 nays Absent:Mr. Jensen & Mr. Johnson
The following resolution was introduced by Supervisor DIEHL:
WHEREAS, a plan, report and. map have been duly prepared in
such manner and in such detail as has heretofore been determined
by the Town Board of the Town of Wappinger, Dutchess County, New
York, relating to the providing of a proposed sanitary sewer
improvement in said Town to be known as Town of Wappiner Sewer
Improvement No. IV; and
WHEREAS, said plan, report and map have been prepared by
Rudolf LaPar, competent engineers duly licensed by the State
of New York and have been filed in the office of the Town Clerk;
and
WHEREAS, the boundaries of the proposed benefited area
determined to be benefited from said improvement are as follows:
720
Description of Proposed
Mid Point Park Sewer Improvement Area
Beginning at a point on the southerly line of State Route 376,
said point also being the north easterly corner of the lands
now or formerly of Gasser, said point also being the north
west corner of lot 5 Block "G" as laid down on a mao entitled
"Mid -Point Park" on file in the Dutchess County Clerk's Office
as Map #3332, thence in an easterly direction along the south-
erly line of State Route 376 South60°54'00" East 31.98 feet to
a point, said point being the northeast corner of lot 5, Block
"G", thence along the easterly line of lot 5 Block "G",
northerly lines of lots 3 and 4 Block "G" and the westerly
line of lot 1, Block "G" of filed Map #3332, the following
bearings and distances:
South 17°07'10" West 158.25 feet
South 72°30'30" East 112.29 feet
South 73°50'50" East 109.35 feet
North 90 51'30" East 114.07 feet
to a point on the southerly line of State Route 376, said point
being the north west corner of lot 1 Block "G", thence in an
easterly direction along the southerly line of State Route 376,
the following bearings and distances:
South 70°29'10" East 23.20 feet
North 80°38'30" East 84.54 feet
North 75°22'40" East 53.66 feet
to a point, said point being the northwest corner of the lands
now or formerly of Steele thence along the westerly, southerly,
and easterly lines of the lands now or formerly of Steele, the
following bearings and distances:
A curve concave to the left radius of 25 feet length
of 42.49 feet,
South 22°00'00" East 159.59 feet
A curve concave to the right, radius of 200 feet
length of 114.33 feet,
North 55°10'00" East 424.18 feet
North 30°50'40" West 199.82 feet
to a point on the southerly side of State Route 376, said
point also being the northwest corner of lot 1, Block "E",
thence easterly along the southerly line of State Roube 37,6=1
North 59°13'20" East 210.00 feet, thence along the westerly,
southerly and easterly lines of the lands of Wing the follow-
ing bearings and distances:
South 30°50'40" East 184.94 feet
North 59°07'10" East 115.03 feet
North 30°53'00" West 184.91 feet
to a point on the southerly line of State Route 376, said point
also being the northeast corner of the lands now or formerly
of Wing; thence easterly along the southerly line of the State
Route 376, North 59°08'00" East 50.00 feet to a point, said
point being the northwest corner of the lands now or former-
ly Bitting; thence in a southerly direction along the easterly
line of formerly Emil Lane (now Top -O -Hill Road) the following
bearings and distances:
South 30°53'30" East 199.76 feet
South 30°54'10" East 127.21 feet
South 14°09'10" East 208.00 feet
to a point, said point being the northwest corner of lot 1,
Block "A", of said filed Map #33321 thence along the northerly
line of lot 1, Block "A" and the easterly lines of lots, 1,2,3,
4,5,6 and 7 Block "A" crossing a future road and continuing
along the easterly boundaries of lot 8,9,10,11,12,13,14,15 and
16 Block "A" the following bearings and distances:
North
South
South
South
South
72°07'30"
12°33'20"
12°06'50"
12°19'50"
13°38'40"
East
East
East
East
East
2
208.95 feet
239.34 feet
228.44 feet
360.59 feet
230.90 feet
'122
•
South 13°34'10"
South 14°49'50"
South 12°15'10"
East 198.60 feet
East 200.00 feet
East 270.39 feet
to a point, said point being the southeast corner of lot 16
Block "A" od filed Map #3332; thence; along the southerly line
of lot 16 Block "A", crossing formerly, Emil Lane now Top -O -Hill
Road, continuing along the southern line of lots 1,32,33,34,
35,36,37,38,39,40,41,42,43 and 44 Block "B" the following bear-
ings and distances:
South 74°45'20"
South 76°20'40"
South 76°10'00"
South 76°24'30"
South 76°29'00"
West 247.24 feet
West 496.20 feet
West 380.33 feet
West 308.29 feet
West 733.02 feet
to a point, said point being the southwest corner of lot 44, Block
"B", thence in a northerly direction along the westerly
lines . lot 45, across a future road, lot 46, lot 47, lot 48 and
lot 49, Block "B", continuing along the westerly lines of"the
Sewage Disposal and Water Works Area and lot 11, Block "C" the
following bearings and distances:
North
North
North
North
North
North
13°31'10"
12°41'50"
16°07'30"
13°07'40"
13°37'50"
11°49'30"
West
West
West
West
West
West
234.22
474.99
271.33
690.59
193.08
129.41
feet
feet
feet
feet
feet and
feet
to a point', thence along the northwesterly lines of lots 11,10
and 9 '131ack G," and the northerly lines of lots 9,8,7 and 6
Block "G" the following bearings and distances:
North 44°56'00" East 370.84 feet and
South 79°06'40" East 415.27 feet
to a point, said point being the southeast corner of the lands,
now or formerly of Gasser, thence in a northerly direction along
the easterly line of the lands of Gasser, North 19°24'40" East
300.51 feet to the point or place of beginning.
3
and
WHEREAS, the improvements proposed consist of improvements
to the Mid -Point Park sewer treatment plant consisting of
improvements to the final clarifier by the replacement of the
collector gear drive, drive chain and drive sprocket, and the
refurbishing of sand filters, including machinery, apparatus
and equipment necessary therefor, all as more fully described
in the aforesaid plan, report and map; and
WHEREAS, the maximum amount proposed to be expended for
such improvement is $22,000 and the proposed method of fin-
ancing to be employed consists of the issuance of serial bonds
of said Town of Wappinger to mature in annual installments
over a period not exceeding forty years, such bonds to be pay-
able from assessments upon and collected from the several lots
and parcels of land deemed benefited from said improvement and
located in the aforesaid benefited area, so much upon and from
each as shall be in just proportion to the amount of the
benefit which the improvement shall confer upon the same; and
WHEREAS, it is now desired to call a public hearing for
the purpose of considering said plan, report and map and to
hear all persons interested in the subject thereof and con-
cerning the same, all in accordance with the provisions of
Section 209-q of the Town Law;
NOW, THEREFORE, IT IS HEREBY
ORDERED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. A public hearing will be held at Town Hall,
Mill Street, in said Town, on the 5th day of June, 1978
at 7:00 o'clock P.M., Eastern Daylight Saving Time, to con-
sider the aforesaid plan, report and map and to hear all
persons interested in the subject thereof and concerning the
same to take such action thereon as is required by law.
Section 2. The Town Clerk of the Town of Wappinger, is
hereby authorized and directed to cause a copy of this order
to be published once in Wappinger & Southern Dutchess News,
and also to post a copy thereof on the Town signboard main-
tained by the Clerk, not less than ten nor more than twenty
days before the day designated for the hearing as aforesaid,
all in accordance with the provisions of Section 209-q of the
Town Law.
Section 3. This order shall take effect immediately.
The question of the adoption of the foregoing order was
duly put to a vote on roll call, which resulted as follows:
Councilman Jensen Voting Absent
Councilman Johnson Voting Absent
Councilwoman Mills Voting Aye
Councilwoman Reilly_ Voting Aye
Supervisor Diehl Voting Ave
The order was thereupon declared duly adopted.
Mr. Ryan explained the bonding procedure to the public and
Town Board.
Mrs. MILLS moved to hold a Special Meeting on June 5, 1978
at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls,
New York for the purpose of adopting the aforesaid resolution.
Mrs. Mills moved to adjourn the meeting.
Seconded by Mrs. Reilly Roll Call Vote 3 ayes 0 nays
Spl.meeting 5/22/78
a_
Gladys it
Deputy own Clerk
723
724
A Public Hearing was held by the Town Board of the Town of
Wappinger on May 22, 1978, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York on
Proposed Local Law Prohibiting Parking -or Standing by.
any Motor Vehicle in Marked Fire Lanes Maintained by Village
Crest Apartments.
Supervisor Diehl opened the Hearing at 7:26 P. M.
Present:
Louis Diehl, Supervisor
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Others Present
Gladys Ruit, Deputy Town Clerk
Jon Holden Adams, Representing Allan Rappleyea
Absent:
Leif Jensen, Councilman
Nicholas Johnson, Councilman
The Deputy Town Clerk offered for the record the Affidavits of
Posting and Publication duly signed and notarized. This notice
was published in both the W&SD News and the Poughkeepsie
Journal. (These Affidavits are attached hereto and made a part
thereof of the minutes of this Hearing). This notice was posted
on the Town Clerk's Bulletin Board.
Mr. Steve Porter, Fire Inspector of the New Hackensack Fire Co.
asked why this law was necessary since this was already covered
by a Local Law adopted in 1974 which gave the power pf enfore-
ment to a Bureau of Fire Prevention composed of the chief
Inspector (Building Inspector of the Town of Wappinger) and the
Chiefs of the Fire Districts and inspectors.
Mr. Adams quoted from Section 1660-A of the Motor Vehicle Law
which stated that the Town Board may, at the written request of
the owner or manager of an apartment complex or other private
areas, adopt a local law or ordinance enforcing parking for
fire lanes.
Mr. Diehl asked Mr. Adams to research and give the Board an
opinion as to whether or not a Local Law would be needed to cover
each request if and when they are received. When a reply is
received send a copy to Mr. Porter.
Mr. Frappier, Chief of The NOW Hackensack Fire Company,felt
it would be ridiculous to have each private owner or apartment
complex request a Local Law for enforcement of fire lanes.
725
No one,else spoke.
MRS. REILLY moved to close the Public Hearing.
Seconded by Mrs. Mills
The Hearing closed at 7:37 P.M.
PH -5/2/78
Motion Unanimously Carried
Glady Ruit
Deputy Town Clerk
DISPLAY ADVERTISING
726
and S. D.
NEWS
CLASSIFIED ADVERTISING
914-297-3723
84 EAST MAIN STREET - WAPPINGERS FALLS
NOTICE IS HEREBY GIVEN that
there has been duly presented t0 and
introduced before the Town Board of the
Town of Wappinger, Dutchess County,
New York, on May 8, 1978, a proposed
Local Law . Prohibiting Parking or
Standing by any Motor Vehicle in
Marked Fire Lanes Maintained by
Village Crest Apartments.
NOTICE 15 FURTHER GIVEN that
the Town Board of the Town of Wap-
pinger will conduct a public hearing on
the aforesaid proposed Local Law at
Town Hall,. Mill Street, Village of •
Wappingers Falls, Dutchess County,
New York, on the 22nd day. of May 1978,
at 7:00 p.m. EDST, on such day, at May.
time all parties interested will be heard.
Glalvs Ruit
•
Dated: mer r,. 1978 Deputy Town Clerk
AFFIDAVIT OP PUBLICATION
State of New York.
County of Dutchess.
Town of Wappinger.
")c of the
Town of Wappinger. Dutchess County, New York.
being duly sworn, says that he is. and 8t the several
times hereinafter was, the. Co7Pciitoa+P&bits.io(
W. & S.D. NEWS. a newspaper printed and published
every Thursday in the year in the Town of Wappinger.
Dutchess County. New York. and that the annexed
NOTICE was duly published in the said newspaper for
....
P... week successively -0=4..1n each week.
commencing on the.... W. h .day of N.tay
19.7Pand on the following dates thereafter. namely on
and ending on the i VL1:day of ik^.S'
19.78 both days inclusive.
.IJ
Subscribed and sworn to before me
this 1Q.Lli day of
19.78
Notary Public
My commission expires
1
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
A PROPOSED LOCAL LAW PROHIBITING
PARKING OR STANDING BY ANY MOTOR
VEHICLE IN MARKED FIRE LANES
MAINTAINED BY VILLAGE CREST APTS.
STATE OF NEW YORK
ss:
COUNTY OF DUTCHESS
727
GLADYS RUIT, being duly sworn, deposes and says:
That she is the duly appointed Deputy Town Clerk of the Town
of Wappinger, County of Dutchess and State of New York.
That on May 10, 1978, your deponent posted a copy of the
attached notice of Public Hearing on a Proposed Local Law Prohibiting
Parking or Standing by any Motor Vehicle in Marked Fire Lanes
Maintained by Village Crest Apartments, on the signboard maintained
by the Town Clerk in her office in the Town Hall of the Town of
Wappinger, Mill Street, in the Village of Wappingers Falls, Town
of Wappinger, Dutchess County, New York.
Sworn to before me this 7, ✓( day
of May, 1978.
I/a-WC'tP
NOTARY PUBLIC
k ;tate
nP: �nq t utc,,,,ss Ccu:„y r
Cnr+�'ss'en eop Y
es March 30, 19�
t f
/42J
Gladys Ruxk
Deputy Town Clerk
Town of Wappinger
A Public Hearing was held by the Town Board of the Town of
Wappinger on May 22, 1978, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York on
A Proposed Local Law Prohibiting Parking in Areas Designated
for Handicapped Drivers.
Supervisor Diehl opened the Hearing at 7:38 P.M.
Present:
Louis Diehl, Supervisor
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Gladys Ruit, Deputy Town Clerk
Others Present:
Jon Holden Adams, Representing Allan Rappleyea
Absent:
Leif Jensen, Councilman
Nicholas Johnson, Councilman
The Deputy Town Clerk offered for the record the Affidavits of
Posting and Publication duly signed and notarized. This notice
was•published in both the W&SD News and the Poughkeepsie
Journal. (These Affidavits are attached hereto and made a part
thereof of the minutes of this Hearing). This notice was posted
on the Town Clerk's Bulletin Board.
No one spoke.
The Hearing closed at 7:39 P.M.
PH -5/22/78
Gladl6Ruit
Deputy Town Clerk
';i28
729
W. and 5. D.
NEWS
DISPLAY ADVERTISING
ti~
CLASSIFIED ADVERTISING
914-297-3723
84 EAST MAIN STREET - WAPPINGERS FALLS
NOTICE IS HEREBY GIVEN that
there has been duly presented and in-
troduced before the Town Board of the
Town of Wappinger, Dutchess County, -
New York. on May Bth, 1978, a proposed
Local Law Prohibiting Parking in Areas
Designated for Handicapped Drivers.
NOTICE IS FURTHER GIVEN that
the Town Board of the Town of Wap-
pinger will conduct a public hearing on
the aforesaid proposed Local Law at
Town Hall, Mill Street, Village of
Wappingers Falls, Dutchess County, 1
daof May 1978,
at 7:15ork p.m ENew onDSTT, onedsuch day. at which
t;me all parties interested will be heard.
Gladys Ruit 4
Deputy Town Clerk 1
Dated: May 9, 1978
AFFIDAVIT OF PUBLICATION
State of New York.
County of Dutchess.
Town of Wappinger.
Bea tricg O .ti of the
Town of Wappinger. Dutchess County, New Ycck.
being duly sworn. says that he is. t.nd St the several
times hereinafter was. thfCr9 J 4jJ Rz:.111?J-.1.gt1 of
W. & S.D. NEWS. a newspaper printed and published
every Thursday in the year in the Town of Wappinger.
-Dutchess County, New York. and that the annexed
NOTICE was duly published in the said newspaper for
one week successively....c1r19P .in each week.
commencing on the 10th day of May
lii'.$ , and on the following dates thereafter. namely on
and ending on the
19.7.§ both days inclusive.
IJ
10th day of
May
Subscribed and sworn to before me
day of l Y 19..7E
Notary Public
My commission expires
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
A PROPOSED LOCAL LAW PROHIBITING
PARKING IN AREAS DESIGNATED FOR
FOR HANDICAPPED DRIVERS
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
GLADYS RUIT, being duly sworn, deposes and says:
That she is the duly appointed Deputy Town Clerk of the Town
of Wappinger, County of Dutchess and State of New York.
That on May 10, 1978, your deponent posted a copy of the
attached notice of Public Hearing on a Proposed Local Law
Prohibiting Parking in Areas Deisgnated for Handicapped Drivers,
on the signboard maintained by the Town Clerk in her office in
the Town Hall of the Town of Wappinger, Mill Street, in the
Village of Wappingers Falls, Town of Wappinger, Dutchess County,
New York.
Afi s J,< i) `(;_� ,7
Glady //Ruit
Deput Town Clerk
Town of Wappinger
/didday
to before me this
NOTARY -PUBLIC
DONALD 0. BUCK
Notary 1.1.:dic of t:a:r Yo,k State
Residing Outchess County
oommtssion expires March 30, li
A Public Hearing was held by the Town Board of the Town of
Wappinger on May 22, 1978, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York on
Mid -Hudson Auto Wreckers, Inc. Appeal for License to operate
a Salvage Yard.
Supervisor Diehl opened the Hearing at 7:40 P.M.
Present:
Louis Diehl, Supervisor
Leif Jensen, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Gladys Ruit, Deputy Town Clerk
Others present:
Jon Holden Adams, Attorney representing Allan Rappleyea
Absent:
Nicholas Johnson, Councilman
Supervisor Diehl asked the attorney Jon Adams to speak.
Mr. Adams requested adjournment of this Public Hearing until
June 19, 1978. The basis of this request was the unavailability
of what he considered to be acritical witness without whom, he
felt they could not maintain their case. He had sent a.letter
immediately after the Board set a date for this Public Hearing
and just heard from the witness this morning and indicated to
Mr. Adams she would not be available until after June 4th. He
conveyed this information to Mr. Dietz, Attorney for Mid -Hudson
Auto Wreckers Inc., he protested but Mr. Adams indicated to him
he would have to insist upon this if this matter was going to
be giving a fair hearing, since without this witness he cannot
establish certain elements of the case.
Mr. Dietz stated he had been advised by the Town Clerk of this
Public Hearing. There was a hearing about a year ago and it
still isn't resolved -- he felt after tonight's hearing, they
would have a decision one way or another and he wished to go
on record as being apposed to an adjournment.
Mr. Diehl said he understood his position and the Board too
would like a completion of this matter but he must honor the
request of their attorney. They had not been aware of the
circumstances until this mornitg.g and it was impossible to cancel
the Public Hearing at such a late time.
731
r
132
Mr. Adams asked that in an effort to cooperate with the
residents concerned, the Board convene to executive
session and discuss this informally with those concerned.
Mr. Dietz agreed with this request.
Mr. DIEHL moved to adjourn the Public Hearing of Mid -Hudson
Auto Wreckers, Inc., to June 20, 1978 at 8 P. M. at the
Town Hall.
Mr. DIEHL moved to reconvene the Special Meeting of May
22, 1978.
Seconded by Mrs. Mills
Motion Carred i.F
Supervisor DIEHL reopened the Special Meeting at 7:49 P. M.
Mr. DIEHL moved to go into executive session with the prin-
cipal of Mid -Hudson Auto Wreckers, Incl Because of a possible
legal problem between the Town and the principals of Mid -
Hudson Auto Wreckers, Inc., and Mr. Chain was invited to attend
the meeting if he so desired.
Seconded by Mr. Jensen
Motion Carried;:a.
Supervisor DIEHL moved to adjourn to executive session.
Seconded by Mrs. Mills
Motion Carried
Supervisor DIEHL Moved to adjourn to executive session.
Seconded by Mrs. Mills
Motion Carried
Supervisor DIEHL called the meeting back to order at 8:20 P.M.
Present:
Supervisor Diehl
Councilman Jensen
Councilwoman Mills
Counciltaoman Reilly
Deputy Town Clerk Gladys Ru .t
Jon Holden Adams, Attorney representing Allan Rappleyea
Absent:
Nicholas Johnson, Councilman
Mrs. REILLY moved to adjburn the meeting.
Seconded by Mrs. Mills
Motion Carried
Deputy Town Clerk