1978-01-09 RGMAGENDA-:
TOWNBOARD
TOwi ? OF., WAPPINGER
`JANUARY
L. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. REPORTS OF OFFICERS4. ,1 e B-Nh
Bldg. Insp. Zng. itdmis Receiver of Taxes Town Justices
,Annual Report.from Chief of New Hackensack Fire Co. Pursuant to
TP4 Fire Prevention Law— (31 nc‘ ( - t,: -e_uL ea a
4. RESOLUTIONS
�,a "'�'""iI'i.�ac�kC� t..�ec-�rrac�
a. Ford.& Ra Return of cash Highway Performance Bond
Gcar& l4.0uwa 4 `t4as.p'k Tes bie!► kor Ma. s
Gar►vi,"-t 40 ptrr•:* 4.4cepa Innvn`i e 11 gasarKen'
5. PETITIONS & COMMUNICATIONS d 0-I(filowt Cartir -k_Jere 4.,1+444t:j - Sawer JAl'-1'
J 'S.4.f t. oe.i+:-.5
a. Leslie B. Merritt re: request for release of Bond for
Mocassin View Drive
b. Henry Mikaelian NUWS Specialists request opportunity to bid
for operation of Sewer & water plants
c. Appoint delegate and alternate to Annual Association of Towns Mtg.
d. R. E. Leper Reports:
1. Ardmore Hills WI Well site work
2.. Fence in' Fleetwood on Town Property
3. •CWWX - Contract #8 -- release of retainage
4. Report on Bldg. Insp. suggestion on policies for footing
drains & "as builts" '
5. Bids for Mid Point Park Storm Drainage Contract
e. E. Hawksley, Cons. Adv. Council, Correspondence:
1. Conservation of energy on Street Lighting
2. Commending consideration of Solar Heated Town Hall
3. Storm Sewer Contract #lO
4. Recomxnding appointment of Margaret McCormick as Secretary
to Cons. Adv. Council
f. Planning Board re: Administrative Guide for S.E.Q.R.
6. 'REPORTS OF COMMITTEES
7. UNFINISHED BUSINESS
a. Dutchess Co. Dept. of Health re: Arnie Schwartz Petition to
connect to Wildwood Sewer District.
b. Correspondence re: Stotz litigation against Zng. Bd. of Appeals
c. Stotz Lease
d. Puretz & Adams subdivision, Myers Corners Rd., Petition to
hook into Oakwood Water
e. U.S. Cablevision Franchise - set Public Hearing
4. adiver C. - ke ; Muter CI.A vpt
8. NEW BUSINESS
9. ADJOURNMENT
The Regular Monthly Meeting of the Town Board of the Town of
Wappinger was held on January 9, 1978 at 8:00 P.M. at the Town
Hall, Mill Street, Wappingers Falls, New York.
Supervisor Diehl called the meeting to order at 8:05 P.M.
Present:
Louis Diehl, Supervisor
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Elaine Snowden, Town Clerk
Others Present;
Jon H. Adams, Attorney
Rudolph Lapar, Engineer to the Town
The reports for the month of December were received from the
Building Inspector -Zoning Administrator, Receiver of Taxes and
Town Justices. The year end reports, for 1977, were received
from the Building Inspector for construction and sewer and water
hook-up permits and fees collected; and the Planning Board year
end reports. The annual report from the Chief of the New Hacken-
t ,
sack Fire Company, pursuant to the Town of Wappinger Fire Prevention
Law was also received.
Mr. Jensen commented on the report from the Chief of the New
Hackensack Fire Company which had indicated that copies of all
inspection reports, Planning Board recommendations, and fire
hydrant testing reports were on file with the Town Clerk. When
asked if these reports were on file with her, Mrs. Snowden stated
they were not. Mr. Jensen stated that upon accepting this report
he would request that a letter be sent to the Chief of the New
Hackensack Fire Company asking for copies of said reports so they
can be filed with the Town Clerk.
MR. JENSEN moved the reports for the month of December, the year
end reports, and the annual report from the New Hackensack Fire
Company with his recommendation for receipt of inspection reports,
be accepted and placed on file.
Seconded by Mr. Johnson
Roll Call Vote: 5 Ayes 0 Nays
G02
.003
A request having been received from Peter Tavolacci, Attorney,
representing Stanley P. Ford and Richard L. Rapp for the release
of the Highway Maintenance Bond for the Naro Subdivision in
November, the following recommendation was received from the
Highway Superintendent,
December 14, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
RE: Stanley P. Ford &
Richard L. Rapp -
$9,000 Highway Cash
Performance Retainer
Gentlemen:
Please be advised that the streets covered by the above
captioned matter, namely Paulette •I ne and Joan Lane, were
accepted by the Town Board on December 12th, 1976.
Therefore, since the period covered by the Cash Performance
Retainer has expired I would recommend the Town release the
$9,000.00 cash retainer.
Very truly yours,
s/ William P. Horton
MR. JOHNSON moved to accept Mr.Horton's recommendation, and
approve the release the Highway Maintenance Bond #916398 issued
by the Republic Insurance Company for Richard L. Rapp and Stanley
L. Ford, in the amount of $9,000.00 for the Naro Subdivision roads
known as Paulette Lane and Joan Lane.
Seconded by Mrs. Mills.
Roll Call Vote: 5 Ayes 0 Nays
Mr. Horton, Highway Superintendent requested permission to bid
for Highway Materials for the year 1978.
MR. JOHNSON moved that Mr. Horton be granted permission to seek
bids for Highway Materials for the year 1978.
Seconded by Mrs. Reilly
Roll Call Vote: 5 Ayes 0 Nays
The following letter was received:
January 5, 1978
Town Board
Town Hall
Mill Street
Wappingers Falls, N.Y.
L
Dear Council Persons:
I enclose herewith a map showing property on Bowdoin Lane
of the Town of Wappinger. Please note that the structure on
the property encroaches upon the Town easement approximately
one foot.
The title company representing the prospective purchaser
of this house raised an objection anti wishes the consent of
the Town to the continuance of the dwelling on the easement.
It seems to me it would serve no useful purpose in requesting
the resident to remove the house, and, therefore, I recommend
that the Town consent to the continuance of the dwelling on
that parcel in that location.
I enclose herewith a resolution for your consideration.
Very truly yours,
Corbally, Gartland & Rappleyea
s/ Allan E. Rappleyea
Mr. Jensen questioned that being the corner of the building
seems to be in the drainage easement would it behoove the Board
to include in the resolution that the Town would be held harmless
if any damage or anything should be done to said property.
The matter was temporarily tabled in order to allow Mr. Adams
time to review the request.
The following memo was received:
January 6, 1978
Elaine Snowden
Town Clerk
Town of Wappinger
Dear Mrs. Snowden:
The following is for the January agenda for approval and
passage by the Town Board:
Contract with Hans Gunderud to be the inspector of water
and sewer municipal system as a private contractor. Fee payable
by the Town to be:
1) $25.00 for each water inspection hookup.
2) $25.00 for each sewer inspection hookup.
a) Inspections to be as specified in Town rules,
regulations and specifications now in force.
b) Mr. Gunderud is to be under the direction of Mr.
Ruit and in conjunction with his office, including the inspection
standards of the Town Building Department.
c) Inspections to be scheduled on Tuesdays and Thursdays
as practiced in the past.
d) All present outstanding inspections initiated by Mr.
Lapar will be completed by Mr. Lapar.
e) Scheduling of inspections will be with Building
Inspector's office and confirmed and performed by Mr. Gunderud
as scheduled.
f) Location of water and sewer taps to laterals will
be established through Engineer to town's maps.
Very truly yours, s/ Louis D. Diehl
605
Mr. Diehl elaborated that previously this same work has been done
by Mr. Lapar's office. The amounts are the exact amounts that
were being paid to Mr. Lapar and the specifications, rules, and
regulations are exactly the same as has been enforced in the past.
Mr. Jensen concurred that Mr. Lapar's office was only hired on a
temporary basis until someone could be found to hold this job.
MR. DIEHL moved that Hans Gunderud be appointed as a private
contractor for the purpose of inspecting the Town of Wappinger
water and sewer hookups at $25 per hook-up, and under the
direction of and in conjunction with, the Town of Wappinger
Building Inspector, and in accordance with all Town of Wappinger
rules, regulations and specifications.
Seconded by Mr. Jensen
Roll Call Vote: 5 Ayes 0 Nays
Mr. Diehl asked that the Attorneys to the Town be forwarded a copy
of his letter regarding Mr. Gunderud to ascertain if there would
be any further legal enactment to it.
The following letter was received:
12/13/77
Dear Sir,
As you advised me an your letter dated Sept. 19, 1977
concerning request for bond return. I am now requesting again
because I am now eligable.
I would like to remove the bond on the Merritt Subdivision
and have the Town be dedicated to the road. Please let me know
what the answer will be at your next meeting.
Thank you,
s/ Leslie B. Merritt
4451 Don Meyers Dr.
l arasota Fla. 33583
There was, by reference in Mr. Merritt's letter, an earlier letter
received by the Supervisor in connection with the release of a
maintenance bond for Moccasin View Drive.
MR. JENSEN moved that the requests from Leslie Merritt for
release of the maintenance bond for Moccasin View Drive be
referred to the Highway Superintendent and Engineer to the Town
G O V
for their review and recommendation.
Seconded by Mr. Johnson
Roll Call Vote: 5 Ayes 0 Nays
A letter was received from New & Used Water Specialists Inc.
requesting they be given the opportunity to bid for the operation
of the Town's water and wastewater treatment plants.
Mr. Diehl remarked that Mr. Lapar is preparing the bids for such
contracts at this time and New and Used Water Specialists, Inc.
would certainly be advised of the bidding, and the Town Clerk
may so advise them.
The notification of the Associations of Towns Annual Meeting
was received along with the certificate of designation of a Town
Delegate and Alternate to attend said meeting.
MR. JOHNSON moved that Bernice Mills be designated as the Delegate
and Louis Diehl as Alternate, to the 1978 Annual Meeting of the
Association of Towns.
Seconded by Mr. Jensen
Roll Call Vote: 5 Ayes 0 Nays
The folio ng report was received:
December 12, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Ardmore Hills Water Imp.
Well Site Work
EDA Project'
Dear Board Members:
Test wells at the Site indicate that the total depth of our
well will be approximately 18 feet. Although we had hoped for
a well hole of approximately 40 feet, we will have to settle
for 18 feet.
It isdoubtfulthat a well at this depth will yield the hoped
for, 400 to 500 gpm, but based on the yield from the Rockingham
Wells, we can expect that the 200 to 250 gpm will certainly help.
Very truly yours,
s/ Rudolph E. Lapar
Engineer for the
Ardmore Hills Water Distr.
Mr. Diehl had responded with the following letter:
607
December 16, 1977
Rudolph Lapar, P.E.
90 East Main Street
Wappingers Falls, New York
Re: December 12th letter- Ardmore
Hills Well site.
Dear Rudy:
1) Is it possible to move well site where the yield will
be better than approximately 200 G.P.M.?
2) What impact does this have on grant? Was application
made stating location of site and was a G.P.M. estimate in
application?
3) Well depth of 18 feet will reduce contract price with
Church Company - I assume? Also, I could assume r.D.A. would
check this carefully and possibly could reject project, refuse
payment?
Please advise.
Very truly yours,
s/ Louis D. Diehl, Supr.
Mr. Jensen commented he believed Mr. Diehl's questions were well
taken and possibly Mr. Lapar is prepared to answer these questions
tonight, if not the Board would certainly be getting a letter
from him.
The following report was received:
December 14, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Fence on Town of Wappinger
Properties
Fleetwood Subdivision
Dear Board Members:
As per, your request at the December 12, 1977 meeting, my office
investigated the alleged encroachment of a 12' high enclosure
on Lands of the Town of Wappinger.
It is our opinion, that at least a portion, if not the whole
of the enclosure, subject to a more positive survey, is in fact
located on Town of Wappinger property.
We recommend the Town take the appropriate actions to rectify
this situation.
Very truly yours,
s/ Rduolph E. Lapar
608
MR. DIEHL moved that the Engineer to the Town engage a surveyor
to officially study the location and maps, and report back to
the Town Board at the earliest possible time of the fact whether
the fencing is on Town property or not, and further advise the
Zoning Administrator of this matter as there may be a question
as to whether or not the fence itself is a zoning violation.
Seconded by Mr. Johnson
Roll Call Vote: 5 Ayes 0 Nays
Returning to item 4c under Resolutions, Mr. Diehl announced that
Mr. Adams had concluded revision of the resolution concerning
an easement problem in 'fall Trees which Mr. Rappleyea's letter
had advised the Board of previously in this meeting.
The following Resolution was introduced by COUNCILMAN JOHNSON,
who moved its adoption:
WHEREFORE, the Town of Wappinger hereby consents to permit
the encroachment of the single-family residential dwelling
located on the parcel on the drainage easement held by the Town
of Wappinger.
Said encroachment to be subject to all rights of the Town
to use the said easement for drainage purposes in that area not
occupied by the dwwlling.
Said consent is conditioned upon the delivery to the Attorney
for the Town a release in form acceptable to him holding the
Town harmless, releasing, and otherwise waiving for the present
owner, its successor and assigns in interest any claims which
presently exist or which may hereafter exist as a result of
damage caused to the structure as a result of its location in
said easement. Said release shall be in form permitting record-
ing as a conveyance.
If that portion of the structure located in the easement is
destroyed or its use is otherwise permanently discontinued, no
new structure or portion thereof shall be placed in said ease-
,, ment .
Seconded by: _Councilmn Jensen
Roll Call Vote:
Councilman Jensen Aye
Councilman Johnson Ave
Councilwoman Mills Aye
Councilwoman Reilly Abstain
Supervisor Diehl Aye
Resolution Duly Adopted
Mrs. Reilly qualified her abstention by stating that her husband
was representing the purchaser.
The following report was received:
603
December 15, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Central Wappinger Water Imp.
Contract #8
Dear Board Members:
Please be advised that the one year guarantee period for the
above project has elapsed and we see no reason why the enclosed
voucher should not be honored.
If you have any further questions, please call the office.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
MR. JENSEN moved that the retainage be released for Central
Wappinger Water Contract #8 to Lombardi & Son Inc. the contractor.
Seconded by Mrs. Reilly
Roll Call Vote: 5 Ayes 0 Nays
The following report was received:
December 16, 1977
Town Board.
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Dear Board Members:
We have read the Building Inspector's letter of November 30,
1977 in reference to the mandatory installation of footing
drains and certified plot plan showing the As Built foundation
location, etc. We have been in the past and are still in
complete agreement with these proceedures.
Please inform us when the Public Hearing will be held so that
we may attend.
Very truly yours,
s/ Rudolph E. Lapar
Engineer to the Town
MR. JOHNSON moved to refer Mr. Ruit's recommendations for
mandatory installation of footing drains and certified plot
plans showing "as builts" to the Attorney to the Town for prepara-
tion of an appropriate local law or ordinance in order to set a
public hearing on these subjects.
Seconded by Mrs. Reilly
Roll Call Vote: 5 Ayes 0 Nays
610
The following report was received:
December 22, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Mid -Point Park Storm
Drainage Contract
Dear Board Members:
On December 22, 1977, at 11:00 A.M., bids for the above project
were received and opened by Town Clerk, Mrs. Snowden.
The bid of K&A Excavating Contractors, Inc. was the only bid
received. Their bids were as follows:
Alternate #1 $ 92,006.25
Alternate #2 199,636.53
Although we feel these bids are a little
await the discussion of the Town Board.
Thank you,
(through easement)
(through street)
on the high side, we
Very truly yours,
s/ Rudolph E. Lapar, P.E.
Mr. Johnson commented that these bids are at least four to eight
times higher than what was estimated and would move that Rudolph
Lapar be instructed to go to immediate rebid using scaled down
piping for the project and also using the alternate of combination
of pipes and open ditching in the existing stream bed which exist
on that property and it seems that these bids are way above what
the Board's thoughts were.
Mr. Jensen seconded the motion - the motion and second were both
withdrawn in order to discuss, at the request of the attorney,
the matter in executive session.
The following recommendation was received:
December.14, 1977
Town of Wappinger Town Board
c/o Town Clerk
Mill Street, Wappingers Falls
Att: Street Lighting Committee
Gentlemen:
It has come to the attention of this Council that signifi-
cant energy savings can be realized in the lighting districts
within the town of Wappinger.
Two districts, Chelsea and Hughsonville, presently use
mercury vapor lamps for street lighting. If these fixtures
and lamps are replaced with low pressure sodium lamps, electrical
energy consumption can be reduced by 80 percent, after one-year
changeover cost. This saving could be passed along to the
district tax payers.
If we can be of furthur assistance, do not hesitate to call
upon us.
Sincerely,
s/ Edward S. Hawksley
Chairman
Mr. Diehl suggested the letter be held over to the next agenda,
as he had written a letter to Central Hudson asking them to
confirm or furnish the Town Board with some firm facts as to
what this would save and would it give the same type and amount
of light etc. etc.
MR. DIEHL moved Mr. Hawksley's recommendation regarding changing
of street lighting fixtures until the next meeting subject to
his receipt of an answer from CentralHudson.
Seconded by Mr. Johnson
Roll Call Vote: 5 Ayes 0 Nays
The following letter was received:
December 20, 1977
Town Board
c/o Town Clerk
Mill Street
Wappingers Falls, N.Y.
Gentlemen:
A recent news article regarding the possibility of the
town constructing a new "Solar Heated" Town Hall is very
encouraging.
There is no doubt that with proper construction methods
significant amounts of energy can be saved for both heating and
cooling such a building. With the prospect of continuing
increases in energy cost, such a project becomes increasingly
attractive.
An important aspect of this project is that movement toward
solar technology in the public sector will result in encourage-
ment in the private sector to also move in that direction. You
are to be commended for taking this initiative.
Sincerely,
s/ Edward S. Hawksley
Chairman
MR. DIEHL moved Mr. Hawxsley's letter regarding a solar heated
Town Hall be placed on file.
Seconded by Mr. Johnson
Roll Call Vote: 5 Ayes 0 Nays
tow
The following letters were received:
December 20, 1977
Town Board
c/o Town Clerk
Mill Street
Wappingers Falls, N.Y.
Gentlemen:
The action of the Town Board 12, December 1977, awarding
Storm Sewer Contract #10, seems to be in violation of the
State of New York Environmental Conservation Law. Specifi-
cally we wish to bring to your attention the following:
1) That a determination of significance was not made
as required by the State Environmental Quality
Revue Act "S.E.Q.R."
2) That a list of approved projects was not completed
as required by .;hapter 252 of Environmental Conser-
vation Laws of 1977.
The Advisory Council recommends that these concerns be
resolved before work is started on a referenced contract.
Sincerely,
s/ Edward S. Hawksley
Chairman
December 22, 1977
Hon Louis D. Diehl, Supervisor
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, New York
Re: Letter dated 12/20/77 from Conservation
Advisory Council
Dear Mr. Supervisor:
I have reviewed the contents of the above referenced letter
as well as the provisions of the Environmental Conservation
Law and in particular, the provisions of Section 8-0117 and
8-0109 and find from such review that the contract referred to
in the letter involved an activity which is not a Type I action.
Under such circumstances, the legislature by Chapter 252 of the
laws of the State of New York of 1977 defer any requirement that
the Town observe any environmental review procedures until
September 1st, 1978. is my further opinion that as a result
of such deferment, it is not necessary for the Town at this time
to make a threshold determination with respect to non -Type 1
activities in terms of whether or not such activities would have
a significant impact on the environment.
For your convenience, I attach a timetable prepared by the
New York State Department of Environmental Conservation indicating
the stages of implementation of the State Environmental Quality
Review Act.
I do not believe the Town, to date, has adopted any procedures
with respect to Type I actions, and the attention of the Board
should be directed to this after the beginning of the new year.
Very truly yours,
Corbally, Gartland & Rappleyea
s/ Jon Holden Adams
612
£1.3
MR. JOHNSON moved that both letters be received and placed on
file and a copy or the opinion letter from the Attorney be
forwarded to Mr. Hawksley.
Seconded by Mrs. Mills
Roll Call Vote: 5 Ayes 0 Nays
The following letter was received:
30 December 1977
Town Board, Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
c/o Town Clerk
Gentlemen,
At the regular meeting of the Council on 17 November 1977,
the resignation of Mrs. Lois English was accepted as the
secretary to the council, and Mrs. Margaret McCormick was
hired as her replacement.
Mrs. McCormicks starting salary is $2.30 per hour. I trust
that this will meet with your approval.
Sincerely,
s/ Edward S. Hawksley
Chairman
Mr. Diehl questioned and reprimanded Mr. Hawksley, to his know-
ledge this is twice within a year that Mr. Hawksley has made
an appointment which should have been made officially by the
Town Board. His recommendations to the Town Board are fine,
but he makes the appointment and then so advises the Town Board
that it is made and the wage that was set. His Board had been
instructed in the past year that this should not be done, it
should be a duty of the Town Board. Mr. Diehl indicated he did
not know the lady, and it has no reflection on her that Mr.
Hawkley's appointment is being questioned. Mr. Diehl recom-
mended Mr. Hawksley form another letter of request to the Town
Board for that appointment with the same name, giving some back-
ground and experience of this person. He surely, for one, would
entertain and look at that recommendation. Mr. Jensen felt the
problem was somewhat compounded that the individual is already
on the payroll, or supposedly on the payroll, witnout approval
of the Town Board and this shouldn't be done, only the Town Board
614
can hire people, especially for an advisory council, there are
other provisions for certain other department heads and boards to
hire their own employees, but this is a violation of Town Law.
He thinks a strong reprimand is necessary, and he concurs with
all of Mr. Diehl's other remarks.
MR. DIEHL moved that Mr. Hawksley be advised that is the Town
Board's function to appoint a secretary for the Conservation
Advisory Council and the Town Board will consider such appoint-
ment upon receipt of a written recommendation, and qualifications,
of such person being recommended by the Conservation Advisory
Council for the position of Secretary to said Council.
Seconded by Mr. Johnson
Roll Call Vote: 5 Ayes 0 Nays
The following letter was received:
December 29th, 1977
Town Board
Town Hall - Mill Street
Wappingers Falls, New York
Re: "Administrative Guide for Implementation of S.E.Q.R."
Dear Board Members:
The Planning Board of the Town of Wappinger has been
requested to hold a public hearing so that the above-mentioned
guidelines may be adopted.
It would be appreciated if you would advise the Planning
Board as to whether or not you would endorse their action if they
were to adopt the guideline for administration of W.E.Q.R. as it
would appear to be necessary that both Boards abide by one set
of regulations.
The Planning Board would be available to discuss this matter
with your Board if you should so desire.
Thank you for your consideration.
Respectfully yours,
s/ Betty -Ann Russ, Secr.
T/W Planning Board
Mr. Diehl referenced the material recently received on proposed
position statements for the 1978 legislative program from the
Association of Towns of the State of New York to wit:
Environmental Impact Review: New York State has admittedly
been progressive in recognizing the need to protect, preserve
and conserve its natural environment through enactment of
statutes such as SEQRA, Freshwater Wetlands Act and Mined
Land Reclamation Law. However, this was done without any
in-depth study of fiscal impact thereof on the economy
either of the state or the local governments of the state.
i1
The Association of Towns recommends that no further
environmental mandates be enacted without a study of
the balance of interests, including the effects of
present programs upon the economy and the taxpayers
of this state.
Mr. Diehl added that at a meeting with the Chamber of Commerce
of Dutchess County about a week ago, at Dutchess Community College,
at which Governor Carey was also present and addressed this topic
by stating that he was possibly, in the near future, coming up
with some revisions on the environmental impact SEQRA.
MR. DIEHL moved that on the basis of Governor Carey's statements,
and the Association of Towns stand, he recommended the Town Board
take no positive stand at this time until it's resolved, with
further'information from the State and the Association of Towns,
and so notify the Planning Board along with a copy of the excerpt
from the Association of Towns' material.
Seconded by Mrs. Reilly
Roll Call Vote: 5 Ayes 0 Nays
Mr. Diehl, on behalf of the Town Board of the Town of Wappinger,
moved that Mr. Jensen be appointed as the Town of Wappinger
representative of the Tri -Municipal Committee and Chairman of
the Town's Tri -Municipal Committee, and that Nicholas Johnson be
appointed as the second Town of Wappinger representative to the
Tri -Municipal Committee.
Seconded by Mrs. Reilly
Roll Call Vote: 5 Ayes 0 Nays
Mr. Diehl commented that under unfinished business, there was
an item on correspondence regarding litigation by Mr. Stotz
and therefore on that basis, at this time, he would call a
fifteen minute recess in order to discuss the litigation problem
with the Attorney to the Town.
Mr. Diehl called a recess at 8:45 P.M. for discussion and
deliberation on the matter of litigation with the Attorney to
the Town.
Supervisor Diehl called the meeting back to order at 9:07 P.M.
All Board members again present.
616
Supervisor Diehl, at this time, went back to the item of the
agenda pertaining to the report submitted by Rudolph Lapar on
the bid for the Mid -Point Park Storm Drainage Contract.
MR. JOHNSON moved that rudolph Lapar be authorized to go to
immediate bid to rebid the Mid -Point Park Storm Drainage problem
usingpipe and open ditch through the existing streams, and a
second alternative of down sizing the pipe to some smaller size
that may be appropriate for the job.
Seconded by Mr. Jensen
Roll Call Vote: 5 Ayes 0 Nays
Mr. Diehl brought up the Hunters Creek drainage contract. Bids
were to be opened on January 6, 1978, but no bids were picked up,
and no one in any way bid for that contract.
MR. DIEHL moved that Mr. Lapar be authorized and directed to
immediately readvertize and rebid the Hunters Creek drainage
contract and to have the bid opening at the earliest possible
time.
Seconded by Mr. Johnson
Roll Call Vote: 5 Ayes 0 Nays
Mr. Diehl asked the Attorney if it was proper to have the
Attorney and the Comptroller prepare the necessary legal papers
to provide for bonding of these projects at this time, subject
to the estimates of the Engineer so as not to delay these projects.
Mr. Adams indicated that they could probably expedite the financial
bonding of the said projects, subject to the information obtained
from the Engineer to the Town.
Seconded by Mr. Johnson
Roll Call Vote: 5 Ayes 0 Nays
There were no Committee Reports.
Under unfinished business, the Chair recognized Stephen Miller,
24 Balfour Drive. Mr. Miller stated that on December 9th, he
submitted a letter to the Town Board regarding a sewer blockage
which resulted in a backup into his house. On December 29th, it
617
was discussed for a second time, and at that time recommenda-
tions were to be made to Camo pollution
to investigate it further.
and Marshall and Sterling
How is that coming along?
The following letter was read in connection with Mr. Miller's
claim:
January 4, 1978
Town of Wappinger
3-7 Mill St.
Wappingers Falls,
Re:
Insured:
Claimant:
D/L:
File No.:
Dear Sirs:
N.Y.
Tn. of Wappinger
Stephen Miller
12/4/77.
110 5C 9884
On December 21, 1977 I tried to call the claimant on this
matter twice but there was no answer.
The same day our Mr. Sullivan went to the premises. Outside
photos were taken. He has denied legal liability on behalf
of the Town. There was no prior problems with the main sewer
line at this location. Camo Pollution who responded to the
call reported a blockage downstream from the Miller residence
which was subsequently cleared.
If the claimant starts suit your interests will be properly
defended.
Very truly yours,
s/ E.A. Bachand
Manager
Mr. Miller asked for a copy of the letter and was granted the
request.
The following letter was received;
December 8, 1977
Ms. Elaine H. Snowden, Town Clerk
Town of Wappinger
Mill Street
Wappingers Falls, New York
Re: Arnie Schwartz Petition
T. Wappinger
Dear Ms. Snowden:
This is in response to your correspondence dated November
16, 1977 for the above referenced request. Please be advised
that the sewage treatment facility, which serves the Wildwood
Sewer District, is now operating at maximum design capacity.
Based upon this consideration, this Department is not granting
permission for additional connections to the sewage collection
system at this time. If there are any questions concerning
this matter, please contact the writer at 485-9821.
Very truly yours,
s/ James T. Napoli
Asst. Public Health Eng.
MR. JOHNSON moved the report from the Dutchess County Department
of Health be received and placed on file.
Seconded by Mrs. Mills
Roll Call Vote: 5 Ayes 0 Nays
The next item on the agenda concerned litigation relative to
Stotz vs. Zoning Board of Appeals, and Mr. Adams asked that the
matter be stricken from the Agenda since it does involve litiga-
tion.
Mr. Johnson believed the Town Board had made a resolution at
the last meeting giving the Board's position on the request of
the attorney and it was voted on then.
MR. JOHNSON moved that item 7b, correspondence re Stotz litiga-
tion against the Zoning Board of Appeals be removed from the
agenda, since it involves litigation and the Board, at a previous
meeting has given a decision.
Seconded by Mrs. Reilly
Roll Call Vote: 5 Ayes 0 Nays
The matter of a request by Mr. Ryan concerning the Stotz lease
(for Justice Court quar�:.ers) having been referred to the attorneys
previously for review was placed before the Board. Mr. Adams
indicated that it was his belief that Mr. Rappleyea had either
spoken to Mr. Ryan on the subject or had written him a letter,
but he was not familiar with Mr. Rappleyea's response. Mr. Diehl
recommended the matter be again referred to the next meeting and
request Mr. Ryan to forward any correspondence received from Mr.
Rappleyea relating to this matter on to the Town Board.
A second letter was received from Aaron Puretz regarding his
request to become part of the Oakwood Knolls subdivision with
both water and sewerage. A report had also been received from
Rudolph Lapar indicating that Mr. Puretz's parcel was in the
y
Wappinger Sewer Improvement #1, but inclusion in the Oakwood
Water District should be by the recommendation of the Dutchess
County Health Department and the water treatment plant operators.
No recommendation has been received from the Dutchess County
Health Department as yet.
Mr. Diehl asked the matter be again placed on the next months
agenda and forward a letter to Mr. Puretz indicating that the
Board is still awaiting recommendations from the Dutchess County
Health Department on the water.
The matter of the CATV Franchise having been tabled from time
to time was again placed before the Board for consideration.
As it was anticipated there would be a Public Hearing scheduled
for additions to certain requirements of the Building Code for
drainage footings and "as built" plans in the near future, it
was decided to wait and set two Public Hearings at the same time.
Mr. Jensen suggested that it might also be appropriate at this
time to receive a letter from Charles Cortellino to possibly
identify those areas of the franchise that might want to be
changed.
MR. JOHNSON moved that, since in the past there has been dis-
cussion of review of the employment benefits package for all
the Town employees, the personnel committee be directed to make
said review and report back to the Town Board with its findings
by no later than July 1st.
Seconded by Mrs. Reilly
Roll Call Vote: 5 Ayes 0 Nays
Mr. Diehl commented that in this year's budget, money was set
aside for a heavy duty car to beused by the vandalism patrol for
the Town of Wappinger.
MR. DIEHL moved that the Comptroller be authorized to prepare
the necessary specifications, combining the State of New York
specs, and advertize for the purchase of a heavy duty vehicle,
heavy duty tires, springs, transmissions, etc., according to
State specs, for the vandalism patrol.
620
Seconded by Mr. Jensen
Roll Call Vote: 5 Ayes 0 Nays
Mr. Diehl verified briefly with Mr. Lapar that he was preparing
the specifications for bid for the operation and maintenance
contract for the Town water and sewerage treatment plants.
Under new business, the Chair recognized R. William Vrooman,
57 All Angels Hill Road. Mr. Vrooman wished to address the
Board tonight to make them aware of the water problem on his
property and solicit their aid in some solution of the problem.
Back in 1973-74 Mr. Scofield began subdivision of property behind
him and at that time he contacted the Planning Board to make them
aware of the problem of drainage in that particular area. Sub-
sequently he spoke to Mr. Lapar and the Town Board in one or two
sessions to make his concerns known of possible problems of drain-
age. When Brook Place was being constructed drains were installed
and trees were removed that had acted as a water shed, it consti-
tuted a
onsti-tuteda problem allowing the rainfall to be collected by the storm
drain and be directed down to the lower part of the terrain where
his house is and collecting there, being restricted from flowing
underneath the Town highway to eventually getting over to the
Wappingers Creek by a man made pond whose owner, Mr. Perkins,
has raised the elevation, that's the cause. The effect is that
when there is an unusual rain, he has three or four inches of
water in his cellar, which he never has had in the eight.or nine
years he's lived in the house. Mr. Diehl commented that the report
from Mr. Horton received a month or so back stated that everything
was completed as agreed at the site, everything that was agreed
to be done, had been done.
Mr. Jensen, commenting he clearly recalled the case, and in fact,
had voted against granting Mr. Seafield special dispensations.
Addressing Mr. Vrooman, he also remarked that at that time Mr.
Vrooman had met with some of the councilmen who were on the Board
at that time and had made some special arrangements to facilitate
and to be sure that this problem that he is referring to wouldn't
surface. He asked if Mr. Perkins' pond was now higher than it was
when the subdivision was first approved, and he knew there was
some discussion of water being routed around Mr. Vrooman's
property somehow. Mr. Vrooman indicated he had, at the time,
been asked if he would allow drainage pipes to go across his
property if he gave an easement. He said he would have given
an easement if the pipes were properly put in, and properly
landscaped so he could mow it. The cost was apparently too
prohibitive as Mr. Scofield didn't do it. It seems that since he
had right of way on property which abutted Mr. Vrooman's property,
he was allowed to terminate the storm drains part way up Brook
Place, run it around his property and into Mr. Perkins pond.
The culvert at the bottom of Brook Place was still allowed to
remain there, which in turn collects water on the opposite side,
channels it down to thui: little area. The fact is that all the
water collected still is being directed into the lowest part of
that terrain into a pond that is obstructing the flow, it has
been raised, it's not a natural terrain. He could not answer
Mr. Jensen's question on whether or not or what period to time
Mr. Perkins changed the elevation. He has changed it two or
three different times. He has taken a piece of storm drainage
pipe and installed it but by doing so has raised the elevation
of that. A greater amount of water is being directed into an
area that was marginal to begin with, because even prior to this,
he had to admit that he had had problem with Mr. Perkins, with
water backing up on the back end of his property, but has never
had water in his cellar before. Mr. Jensen questioned whether
this might not be
as opposed to Mr.
the situation has
a problem between Mr. Vrooman
Vrooman
and Mr. Perkins
and the Town. Mr. Vrooman contended
been greatly aggravated by the fact that the
Town's not looking into continuing the drainage. They came as
far as dumping it in that lower part of the terrain and then
just forgot about what was done on the other end, where the water
was going to go, no provision was ever made. Mr. Jensen again
mentioned the easement once discussed that would have traversed
Mr. Vrooman's property and Mr. Vrooman reiterated that even had
�-I
22
he agreed to piping across his property the point was no pro-
vis&ons were made on the other end of that pond to be absolutely
sure that the additional water being directed into that pond
was allowed to run off. So, at the present time, the elevation
at the end of the pond is raised, he gets water in his cellar.
Mr. Lapar, at this point, added his recollections of the situa-
tion. As he remembered that there was an agreement, the Town
acting as an intermediary between Mr. Vrooman, Mr. Scofield and
Mr. Perkins, to lower that dam and Mr. Horton as the Tbwn super-
visory agent, to his knowledge, supervised the lowering of that
dam, and the dam was lowered some time in September or October
of 1975. If the dam has been subsequently raised or altered,
he has no knowledge of it. Mr. Vrooman denied that any agreement
had ever been made or that the dam had ever been lowered.
Mr. Jensen recommended that the Highway Superintendent review
his files for 1975 to see if they were the same, and perhaps
take a look at said dam, check its height and report his findings
to the Board, it's been several years since all these things
transpired, a lot of discussion was held then on this matter,
and obviously they don't have all the facts of what was and
wasn't said. Mr. Adams cautioned the Board that any acts on the
part of the Town aren't any concessions on the part of the Town
that there is any liability on the part of the Town.
MR. JENSEN moved that the Highway Superintendent review his
findings of 1975 to see if they are the same as they were in 1975,
and report.back to the Town Board.
thw Seconded by Mrs. Mills
Roll Call Vote: 5 Ayes 0 Nays
Victor Fanuele, Chairman of the Planning Board, being recognized
by the Chair, mentioned that a letter is going to be directed to
the Town Board indicating that in the Subdivision Regulations,
we do not include the word cablevision under underground facilities;
that means that any new subdivision will not be able to get cable -
vision, and since the Board is in negotiation for a franchise now
maybe this would be an item for consideration. Mr. Jensen agreed
623
that this was a good point, he doesn't know how it would be
effectuated, possibly putting it in the Subdivision Regulations.
Mr. Adams indicated a letter to this effect had been received by
the Attorney's office, and sees no reason why it can't be done
and they will respond to it.
There being no other business to come before the Board, Supervisor
Diehl entertained a motion to adjourn.
MR. DIEHL moved the meeting be adjourned, seconded by Mr.
Johnson and unanimously carried.
The meeting adjourend at 9:43 P.M.
Reg. Mtg. 1/9/78
,,,,,LA Ja ewc.kE�-
Elaine H. Snowden
Town Clerk
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