1977-02-28 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
FEBRUARY 28, 1977
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. RESOLUTIONS
1. Vacancy on Zoning Board of Appeals
2. Housing Assistance payment Program
4. PETITIONS & COMMUNICATIONS
a.
b.
c.
d.
e.
f.
g.
Michael Kelly, Prs. Angel Brook Civic Asscn. re:
Stop Signs
Michael Kelly, Prs. re:hazardous
Edward Armando 8 Dara
to prevent freez-up of
Rudy Angelo re: Signal
Middlebush Rd.
Notice of Public
R. E. Lapar re:
M. Ryan Reports:
a. Statement of Assurances
b. Authorized Fed. Rev. Sharing
Lane, re:
pipes
Control
Installation of
condition at 23 Alpert Drive
reimbursement on water bill
box for Traffic
light, old Rte 9 &
Hearing from Village of Wappingers Falls Zoning
Formation of Cranberry Hills Water Improvement Area
5. REPORTS OF COMMITTEES
6. UNFINISFED BUSINESS
A.
B.
C.
for Insurance short -fall
Imperial Plaza Property
Erroneous unpaid Water & Sewer Rents notification
Erroneous Water Improvement billing from T. Logan
7. NEW BUSINESS
8. ADJOURNMENT
from P. Egan
The Regular Bimonthly Meeting of the Town Board of the Town of
Wappinger was held on February 28, 1977 at 8:00 P.M. at the Town
Hall, Mill Street, Wappingers Falls, New York.
Supervisor Diehl called the meeting to order at 8:16 P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Others Present:
William Horton, Highway Superintendent
Allan Rappleyea, Attorney to the Town
Ernst Martin, Jr. (representing Rudolph Lapar, Engineer
to the Town)
As a public hearing had duly been held on February 14, 1977 on
the proposed Local Law entitled a Local Law repealing the exemption
on real property provided by Section 485-b of the Real Property
Tax Law, the matter was placed before the Board for their consid-
eration.
Mr. Rappleyea commented that this matter had been tabled at the
last meeting because he had requested an opinion of Audit and
Control on the application of it on the benefit assessments.
Friday and today he had been talking with Audit and Control and
they indicated that in their opinion, under a benefit formula, such
as we have in the various Improvement Areas, it would not be an
exemption. However, he has asked for a written opinion and hope-
fully he will have it by the March 14th meeting.
Mr. Johnson commented that whether the information from Audit and
Control comes back and says that yes the exemption would apply in
Special Districts, since we are only dealing with something that
would encourage additional development and additional building,
and the exemption is only i of what may come in, rather than ex-
cluding something that we already have, he takes the position that
the Board move on that tonight in such a way as taking no action
on the Local Law which in effect cancels the States' granting of
an exemption, and he would move a resolution that we support the
States' exemption as they have presented it.
Mr. Versace felt at this time, since there was a request made at
the last meeting for clarification on what effect this would have
on the Town's Water and Sewer Districts, and we're still awaiting
written confirmation, as stated by the Attorney, that possibly it
wouldn't effect these Districts, he would prefer to wait to take
action, either way.
Mr. Jensen's feelings were that were there someone desirous of
building now, inaction would act as another deterrent. He believed
it would be good for the Town Board, if they so desire, to vote
negatively on the Local Law, which effectively was voting in favor
of the State Statute, therefore we would be on record as what we
do or don't support.
Mr. Diehl commented that he had previously indicated his prefer-
ence for the State Statute, therefore, he asked the Town Clerk
to read the Local Law under consideration so that it can be acted
upon tonight.
The following was read:
A local law repealing the exemption on real
by section 485-b of the Real Property Tax Law.
Be it enacted by the Town Board of the Town
as follows:
property provided
of Wappinger
Section I. Pursuant to the authority of subdivision 7 of
section 485-b of the Real Property Tax Law, the partial exemption
from taxation, special ad valorem levies and service charges
provided by such section 485-b is hereby repealed insofar as
such exemption would have been applicable to eligible real
property for town purposes.
Section II. This local law shall take affect immediately
upon filing with the Secretary of State in accordance with section
27 of the Municipal Home Rule Law.
MR. JOHNSON moved the adoption of the Local Law Repealing the
Exemption on Real Property, Provided by Section 485-b of the Real
Property Tax Law.
kr,
Seconded by: Mr. Jensen
Roll Call Vote:
Councilman Clausen Abstain
Councilman Jensen Nay
Councilman Johnson Nay
Councilman Versace Abstain
Supervisor Diehl Nay
Adoption of the Local Law was defeated
Prior to the vote on the above question, Mr. Clausen and Mr.
Versace both voiced concerns about imposing added burdens to
160
taxpayers were the opinion of Audit and Control to reflect the
L
fact that this 50% exemption would apply to the Water and Sewer
Districts. They both expressed the desire to withhold the vote
until such time as written confirmation that the districts would
not be affected was received, and further indicated their position,
if brought to a vote, would be abstention, based on the belief that
since a written opinion had been requested and, not as yet received.
The matter of the still pending vacancy on the Zoning Board of
Appeals was placed before the Board for their consideration.
MR. VERSACE moved that Michael Hirkala be appointed as a member
of the Zoning Board of Appeals.
Seconded by Mr. Clausen
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Nay
Councilman Johnson Nev
Councilman Versace Aye
Supervisor Diehl Nay
Motion Defeated
The following Resolution was offered by COUNCILMAN JENSEN who
moved its adoption:
RESOLVED, that Donald McMillen be and he hereby is appointed
to fill the vacancy on the Zoning Board of Appeals of the Town of
Wappinger which has occurred by reason of the expiration of the
term of Victor Fanuele, and it is further
RESOLVED, that the said Donald McMillen is hereby appointed
to the said Town Zoning Board of Appeals for a term which shall
expire on the 1st day of February, 1982.
Seconded by: Councilman Johnson
Roll Call Vote:
Councilman Clausen
Councilman Jensen
Councilman Johnson
Councilman Versace
Supervisor Diehl
Resolution Duly Adopted
Aye
Aye
Aye
Nay
Aye
The following letter was received:
Memo To:
From:
Date:
Subject:
Town Board Members
Supervisor's Office
February 9, 1977
Housing Assistance Payment Program
The Supervisor's Office has been contacted by Town residents
who are handicapped or elderly and would like to have the Town
participate in the Assistant Housing Program. The cost for
this program would come from the Department of Housing and Urban
Development.
The Town would be involved only in the administration of
the program. In order for the Supervisor's Office to make an
application the enclosed Resolution should be passed that would
allow the Town to apply to be included to this program. It is
proposed that it would not exceed 15 units.
The program provides that a resident must pay 25% of his
monthly income for rent before any assistance can be given. If __
the Town participates in this program we hope it will relieve
some of the problems for our elderly and handicapped residents.
Sincerely,
s/ Louis Diehl, Supr.
Mr. Jensen questioned whether or not the reference to administra-
tive work would mean needing addition manpower. Mr. Diehl commented
that to his knowledge it did not mean that additional manpower
would need to be hired or additional expense involved as far as
the Town was concerned.
The following Resolution was offered by COUNCILMAN JENSEN who
moved its adoption:
RESOLVED, that the Supervisor is hereby authorized to make
application to the Department of Housing and Urban Development
to participate in the Section 8, Housing Assistance Program for
existing housing. and,
BE IT FURTHER RESOLVED, that this would not exceed more than
15 units.
Seconded by: Councilman Clausen
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
MR. JOHNSON moved that the Attorney to the Town be directed to
draw up a Resolution banning the importation of Garbage in the
Town of Wappinger and have it ready for the March 14th, 1977
thile Board meeting.
Seconded by Mr. Clausen
L
Motion Unanimously Carried
Mr. Versace mentioned that at the last meeting he had requested
some information concerning Tri -Municipal figures from the en-
gineering firm and was informed this evening that the figures
aren't available, or, the figures that were presented are not
satisfactory or fully what was expected of that firm, and since
Mr. Lapar isn't present tonight, asked Mr. Martin if he could
give a reason why the firm couldn't come up with the figures from
Tri -Municipal. Basically, what the cost of the Town of Wappinger
is - their contribution to the preliminary study.
Mr. Rappleyea answered that in line with the last meeting we had
discussion, he had asked Mr. Lapar to give the Board a letter
expressing his opinion as to the estimated cost. He did send a
proposed letter to him asking if it was satisfactory, to which he
responded that he gave basically the cost - two figures represent-
ing the cost to the Town, however, he felt that the figure should
also be given as to the expected reimbursement for any funds that
we've expended to date so that we would have a net cost. Mr.
Martin had informed him he had seen the letter, but since Mr. Lapar
was out of town, hadn't gotten the fugures yet.
Mr. Versace stated that the reason he was bringing it up was that
without this resolution the Commission can in no way apply for
revised Step I grant, and cannot, without this resolution, enter
into any negotiations with the existing engineering firms that we
have right now, and also, without this resolution we cannot expend
any more money. The enactment of it is delaying whatever applica-
tions may be going to the EPA and also delay acceptance of any
attorney agreements that are being drawn up presently. He would
appreciate it if these figures could be available for the March
14th meeting.
Mr. Johnson added that this resolution or one similar to it has
been in front of the Board since summertime, and request for
information and figures seems kind of late to be asking for new
date or reaffirming data. Mr. Jensen's comment was rather than
belabor the issue, if Mr. Versace feels he needs the numbers and so
forth, whether they really require them to get the program moving
or not, but if he's still uncomfortable without the figures and
the information he desires isn't here, there's no point
in putting the resolution up, as it would be nice to have a 5-0 vote
on that particular matter. Mr. Diehl asked Mr. Martin if he would
relay to Mr. Lapar that the Board would like the figures for the
March 14th meeting.
The following Resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
WHEREAS the following people have been assessed on their
tax bills Operation and Maintenance charges that they have
already paid;
THEREFORE BE IT RESOLVED that the Comptroller be authorized
to draw checks to the following order:
NAME
Harry Greatbatch
A.J. Robinson
Joseph Vincennie
S. Bahret & S. Davis
Seconded by Mr. Clausen
AMOUNT
$ 14.03
40.70
40.70
40.70
DISTRICT
Central Wappinger Water
Wildwood Sewer
Wildwood Sewer
Wildwood Sewer
Motion Unanimously Carried
100
The Town Clerk informed the Board that she had received the
Map, Plan and Report for Cranberry Hills Water Improvement Area,
prepared by R.E. Lapar, P.E., and it has been placed on file.
MR. JOHNSON moved the adoption of the following Order, seconded
by Mr. Jensen, and upon roll call, voting Mr. Versace ---Aye,
Mr. Clausen ---Abstain, Mr. Jensen ---Aye, Mr. Johson---Aye,
Mr. Diehl ----Aye.
Order Duly Adopted.
IN THE MATTER OF THE ESTABLISHMENT OF THE
CRANBERRY HILLS WATER IMPROVEMENT AREA IN
THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW
YORK, PURSUANT TO ARTICLE 12c OF THE TOWN LAW.
WHEREAS, a map, plan, and report have been prepared in such
manner and in such detail as has heretofore been determined by
the Town Board of the Town of Wappinger relating to the establish-
ment of a proposed Water Improvement Area to be known as the
Cranberry Hills Water Improvement Area in the Tbwn of Wappinger,
Dutchess County, New York, pursuant to Article 12c of the Town
Law, and
WHEREAS, said map, plan and report have been duly filed in
the Clerk's Office of the Town of Wappinger for public inspection,
WHEREAS, said map, plan and report were prepared by Rudolph
E. Lapar, a competent engineer, duly licensed by the State of
New York, showing the boundaries of the proposed Improvement
Area and a general plan for the water system, and
WHEREAS, the improvements proposed as set forth in said
plan and report consist of water supply, water storage facilities,
water mains, pumping stations and associated facilities located
in the Town of Wappinger, and
WHEREAS, the improvement will provide for the Cranberry
Hills area of the Town of Wappinger, and said lands in the Town
of Wappinger are bounded and described generally as follows:
See Schedule "A" attached hereto and made part hereof.
WHEREAS, there is to be no capital expenditure for said
improvement by the said Improvement Area in that all capital
costs are to be contributed to the Improvement Area by the
developer, and
WHEREAS, it is now desired to call a public hearing pursuant
to Section 209Q, Subdivision 3 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 meeting of the Town Board of the Town of
Wappinger, Dutchess County, New York, shall be held in the
Town Hall, Mill Street, Village of Wappingers Falls, New York,
in said Town on the 23rd day of March 1977 at 7:00 P.M.
Eastern Standard Time, to hold a public hearing on the aforesaid
proposed improvements and the plan, report and map preapred and
filed in connection therewith at which all persons interested
in the subject therof may be heard concerning -the same, and to
take such action thereon as is reauired or authorized by law.
Section 2. The Town Clerk is hereby authorized and directed
to give notice of such public hearing by publishing a copy of
this order once in the Wappingers and Southern Dutchess News,
the official newspaper, and by posting a copy hereof upon the
bulletin board of her office, such publication and posting to
be made not less than ten (10) nor more than twenty (20) days
before the date set herein for said public hearing.
Section 3. This Order shall take effect immediately.
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MR. CLAUSEN moved to introduce a Local Law for 1977 entitled
"Environmental Quality Review Act".
Seconded by Mr. Jensen
Motion Unanimously Carried
The following Resolution was introduced by COUNCILMAN JENSEN,
who moved its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board held on February 28, 1977, a proposed
Local Law entitled "Environmental Quality Review Act' pursuant
to Article 8 of the New York Environmental Conservation Law
providing for environmental quality review of actions which may
have a significant effect on the environment, and
WHEREAS, the provisions of the Municipal Home Rule Law
require that no local law shall be passed by the Legislative
Body of the Town until a public hearing thereon has been held
before such body,
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That a Public Hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 23rd
day of March 1977 at 7:30 o'clock P.M. on such day at the Town
Hall, Mill Street in the Village of Wappingers Falls, Town of
Wappinger, Dutchess County, New York.
2. That at least five (5) days notice of such hearing
shall be given by the Town Clerk of the Town of Wappinger by
due posting thereof upon the bulletin board maintained by said
Town Clerk in the Town Hall and by publishing such notice at
least once in the official newspaper of said Town of Wappinger.
Seconded by Mr. Johnson
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
MR. DIEHL moved that this Town Board retain the Law Offices of
Russell E. Aldrich to represent the Town of Wappinger in any
legal matters pertaining to landfills in the Town of Wappinger,
and further, request that said attorney be present before the
Town Board on March 15th, 1977 if the County moves on March 14th
to decide it's going to Wappinger, to have legal representation
ready for action on March 15th, if necessary.
Seconded by Mr. Jensen
Motion Unanimously Carried
The following letter was received:
February 7, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
8107
Gentlemen:
The necessary signatures have been obtained to satisfy your
request that over fifty percent of the home owners of Angel
Brook agree to the installation of stop signs. These signa-
tures will be presented to you at the next town board meeting.
Will you please take the necessary action to install stop signs
on Tor Road, at the intersection of Tor and Sylvia Drive, on
Alpert Road, at the intersection of Alpert and Sylvia Drive,
on Granger Place at the intersection of Granger Place and Alpert
Road. The signs on Tor andAlpert should require that the driver
stop in both directions.
Sincerely,
s/ Michael Kelly
Pres.
Angel Brook Civic
Assoc.
February 23, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: "Stop" S ign Request -
Angelbrook Estates
Gentlemen:
I would like to go on record that I am strongly opposed
to the installation of "Stop" signs as per Angelbrook Civic
Association's request of September 3rd, 1976 and February 7th,
1977. According to the spokesman for the Association at the
September-. 13th meeting of the Board, the sole purpose of the
signs would be to protect the children who ride, but cannot
control, tirkes, Big Wheels, etc., down the hills apparently
crossing the two main roads, Tor and Alpert, without considera-
tion of traffic.
It is my belief that public roads in the town are not play-
grounds. The Town Board, I believe, by even considering this
request, would be placing itself in the position that public
roads are playgrounds first, and routes for vehicular traffic
second.
I enclose for your information copies of page 32 and 33
of the National Manual on Uniform Traffic Devices, and page 21
of the New York State Manual on Uniform Traffic Devices which
clearly define and regulate the erection of "Stop" signs.
I would be happy to discuss this matter further with you.
Very truly yours,
s/ William P. Horton
p8
(The petitions referred to in Mr. Kelly's letter were received
by the Town Board) .
Mr. Kelly, being recognized by the chair, stated first that
Angel Brook is becoming a through street for the adjacent devel-
opments, for people coming down All Angels Road into Tor, then they
take some of the crossroads, across Alpert and up onto the others,
actually connecting on to Old Hopewell Road. They go through there
at the rate of 40 or 50 MPH. You may say that the law doesn't
require putting stop signs in there because they are for traffic,
but you don't tell children that, and the children realize that
the roads are there for them to play on, rightly or wrongly, and
that's what they are doing. Also, the last time he made the re-
quest, the Board had told them they couldn't have stop signs unless
50% of the people in the development authorized those stop signs.
So, we got 50% of the people in the development to authorize them,
and now you're coming up with a different reason, after giving us
one reason you're telling us now the law sometimes seems to be
against that. Why hadn't the Board told him this the last time?
it was totally inconsiderate of the Board not to have informed
him at the last meeting especially since he spent hours of his
time getting the petition signed. Mr. Diehl commented to Mr.
Kelly that he thought the Board, in saying to him a petition for
the development could be accepted, or necessary, was to get a
feeling from the residents there of what they wanted and why.
And, of course Mr. Horton, as the Highway Superintendent, researched
the law, and gave the Board his recommendation. Again Mr. Kelly,
you have said that the children use the road for a playground and
if they feel the roads are for that as much as for cars, that is
exactly what Mr. Horton is contending. Mr. Kelly asked, are you
going to give us police protection to stop these cars that are
going 50 mph and by passing our main roads to go on these roads
that are really residential roads. Are you going to give us police
protection to stop that, and if you can't do that to protect our
children, put a stop sign there which forces the people to stop
so they won't run over the children. And don't bring up an argue-
ment about whether or not a car should go down at the right of
way instead of the child it makes no sense, it's illogical because
the car has the right of way you can't put a stop sign there, it
doesn't make any sense to him. Mr. Versace made the remark that
a similar situation occurred in the :Rockingham development, and
Mr. Horton had put up stop signs there. Mr. Horton indicated he
had put up a stop sign at Balfour where the visability was poor.
Here they want the stop signs on the through roads, not the side
roads. Tor is the main thoroughfare, and also Alpert. Mr. Jensen
thought they were asking for a four way stop sign at Tor and Alpert,
at Carrol and Balfour was a one way stop. And the way he reads the
memo from the Civic Association, they're asking that at Tor and
Alpert drivers top in all directions, four way stop signs. Mr.
Kelly reiterated two stop signs on Alpert, two stop signs on Tor,
one stop sign at the intersection of Granger and Alpert - at that
particular intersection it's impossible to see anybody coming up
or down Alpert Drive when you reach the intersection of Granger.
He was not saying a four way stop at any corner. Mr. Jensen com-
mented that Mr. Kelly indicated the speed law of the 30 mph couldn't
be enforced in that area because of lack of enforcement police
power, how then did he expect to enforce the stop signs. Mr.
Kelly persevered that he wanted some traffic control.
MR. VERSACE moved on the petition of the residents of Angel Brook
Development that stop signs be erected at the intersections of
Tor Road and Sylvia Drive on Tor Road; Alpert Drive and Sylvia
Drive on Alpert Drive and at Granger Place and Alpert Drive on
Granger Place.
Seconded by Mr. Clausen.
110
involve municipalities monitarily. Mr. Rappleyea enlarged
somewhat on this, stating that the State will be sending out
to the municipalities the options that are going to be available
and basically which will be providing unemployment insurance,
effective 1978, with a payment due after the first quarter, of
about 2.7% of the first $6,000 or, you may have the right to
bypass the mandatory payment and, after six months, an actual
paymdnt-of the actual experience that you had - in other words,
it's a gamble. There will have to be an appropriation of some
type that will have to be made for the 1978 budget. After the
first two years of the program, it will be based upon experience.
In any event it's going to have quite an impact on the total
municipal payrolls.
A memo was received from Supervisor Diehl indicating a communica-
tion from the Dutchess County Finance Department regarding a
Town Board resolution to pick up a parcel of land in the vicin-
ity of the Imperial Plaza. The County requests the Town to
make a decision as to whether or not they wish to exercise
their option.
Mr. Rappleyea indicated this property is fraught with problems
and recommended the Board take no action on it at this time
until he can research the access road into said parcel a little
more.
Item b was accomplished under Resolutions..
Item 6c on the Agenda, the matter of Mr. Logan's report of an
erroneous assessment, tabled from last meeting, was no longer
applicable since that matter had been resolved by the Attorney
to the Town.
Mr. Johnson made note of the fact that, in regard to the problem
of Martin Drive, where a drainage problem exists, a letter had
been sent by Mr. Horton to both Mr. Rappleyea and Mr. Lapar so
that they may formulate an official answer of the Town to the
Tompkins, who were the people who requested some type of
action. Since that time he received a call Sunday afternoon
from one of the people on Martin Drive and Mr. Gilmartin, saying
that Martin Drive seemed to have collapsed, it was undermined
by the action of the water going through the drain pipe. He
advised Mr. Horton of the situation and Mr. Horton had put out
smudge pots that night, and this morning put in some patching.
Mr. Horton added that they had possibly 20 feet of frozen storm
sewer line and it was backing up and coming from the other pipe
which went under the road and eroded it down.
Mr. Gilmartin questioned Mr. Horton on the situation. He also
asked where those people stand that have had their property
ruined by this problem. Mr. Johnson answered that Mr. Rappleyea
has been alerted to this, as the Board is looking for an official
position of the Town, what our liability in this matter was.
This is why he wants it expedited, knowing that we may end up
with a problem. Mr. Diehl summed it up stating that the Board
will have to wait for an interpretation from the Attorney and
Engineer, for them to look at it and ascertain where the -problem
came from and whose responsibility it is.
Mr. Versace commented on an article in the Hyde Park Townsman
concerning our Comptroller Mr. Ryan and therewere some accusa-
tions made about him to the fact of being an officer in two
different communities. One of the opinions printed was that
a comptroller would have to be a resident of that community
and he happened to go through the Town Law to try to get an
idea of what position the Town is in, since Mr. Ryan is a
Hyde Park Councilman and a resident up there. He made refer-
ence to Section 23a and again to Section 34 of Town Law. He
didn't really know what position the Town is in, is Mr. Ryan
allowed to work for the Town of Wappinger not being a resident,
or does he have to move to Wappinger to hold the Comptrollers
I
The following Memo was received:
Memo To:
From:
Date:
Subject;
Town Board Members
Matthew W. Ryan, Comptroller
February 16, 1977
Insurance
When the Town Board approved our current "Insurance
Package", you were made aware of the current costs. The
basic bill came in this morning - $28,885.00.
Elaine told me this morning that the Board authorized the
short -fall in funds, if any, to be paid from Contingency.
If this were so, the "A" fund contingency would be reduced
to #377.75 and the "B" fund to $6,594.25. The almost total
elimination of the "A" fund contingency at this point in our
fiscal year could be a disaster of great proportions.
Perhaps, the Board would reconsider their prior resolution
and authorize these funds to be paid from Federal Revenue Sharing.
The money needed now is $7.178.00 and the appropriation account
would be CF1910.4.
Sincerely,
s/ Matthew W. Ryan
Comptroller
Town of Wappinger
Mr. Versace commented that the Board had authorized this shortage
in the insurance program from Contingency at the time it was
originally requested. Then the Board must have felt confident
that Contingency was the area to take it from, it was then that
the decision should have been made if this was going to give us
a short -fall within the Contingency funds, we shouldn't have
authorized it then. He would like a better explanation of why
all of a sudden we're going to be so short if we felt confident
at that time. It seems we're constantly taking money from the
Federal Revenue Sharing to supplement ourselves, and not really
accomplishing what those monies are geared for the Town for.
Mr. Diehl defended the recommendation of using the Revenue
Sharing rather than deplete the Contingency to less than one
thousand dollars. Mr. Johnson considered leaving the transfer
as was enacted, ao as to act as a deterrent in spending. Mr.
Clausen stated that would be a good idea if this were'June or
July but there was too much of the year left at this point.
113
MR. CLAUSEN moved to accept the Comptroller's recommendation
to use Federal Revenue Sharing for the short fall in funds to
cover the "Insurance Package" and thereby authorize the sum of
$7,178.00 be appropriated from account #CF1910.4.
Seconded by Mr. Jensen
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Aye
Councilman Johnson Nay
Councilman Versace Nay
Supervisor Diehl Aye
Motion Carried
Under reports of Committees, Mr. Clausen reported on the Asso-
ciation of Towns Meeting and expanded on the 100% true value in
assessments of property implying the time is fact approaching
simply because the average of an assessment roll can differ
between 33 and 50%, and have produced court cases and the
inequities are widening. Mr. Jensen asked Mr. Martin (repre-
senting Mr. Lapar) if Ths haNdlAils Wire evsr ihOtALlsd around
the bio -discs at the Oakwood Plant. Mr. Martin reported that
the rail was to be installed on the second disc tomorrow.
Mr. Versace asked Mr. Martin about tank #1 (Oakwood) that has
been repeatedly overflowing and mentioned that, according to
correspondence, indications were given that there is no guarantee
on the sprockets, chains and bearings due to the continuous
overflowing. Mr. Martin indicatdd that one of the problems
was that when they were working on the one machine the flow
was going through one chamber, which caused the overloading
of it. The other problems are still being investigated. Mr.
Versace asked if there could be an answer on this by the March
14th meeting.
Mr. Johnson also reported on i$formation he gleened from the
Association of Towns Meeting. He touched on landfills, and
the unemployment Act, which will take effect next year and will
MR. JENSEN moved that the Attorney to the Town be directed to
follow up on Supervisor Diehl's letter in connection with the
responsibility of the water lines in Dara Lane, and report back
to the Board at the next regular Town Board meeting.
Seconded by Mr. Versace
Motion Unanimously Carried
A proposal was received from Rudy Angelo Inc. in connection
with the traffic control device at the intersection of Old Route 9
tie and Middlebush Road. He indicated that he had had four service
calls at this location recently, and had come to the conclusion
that, due to the age and obsolescence of the controls, it might
be wise to consider complete replacement either new or recondi-
tioned. He quoted new controls @ $1,260.00 and reconditioned -
guaranteed as new for $685.00. No charge for labor to install
as that's under service contract.
MR. JOHNSON moved to authorize Rudy Angelo Incl. to install the
Reconditioned Marbellite #201 SVA Control, flasher back board
etc. at a cost of $685.00 complete.
Seconded by Mr. Clausen
Motion Unanimously Carried
Notice of a Public Hearing was received from the Village of
Wappingers Falls Zoning Board of Appeals to be held March 8,
1977 on the request of Newton and Helen Erickson seeking a
variance to permit the establishment of a glass shop at 105
East Main Street in the Village.
MR. JOHNSON moved the Notice of Public Hearing be received and
placed on file.
Seconded by Mr. Clausen
Motion Unanimously Carried
The correspondence from Mr. Lapar (item 4f) regarding the
Cranberry Hills Water Improvement Area was negated by action of
the Board by introducing an order to set a public hearing for
same.
The following report was received:
February 23, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Central Wappinger Water Improvement
Contract #7
Dear Board Members:
Please be advised that the 1 year maintenance period of the
above contract has been successfully completed. We, therefore,
see no reason why the remaining 5% retainage should not be
released.
Thank you,
Very truly yours,
s/ Joseph E. Paggi, Jr.
Engineer
MR. CLAUSEN moved torelease the remaining 5% retainage to Dave
Alexander Inc. held on the Central Wappinger Water Improvement
Contract #7 upon the recommendation of Mr. Lapar and Mr. Horton.
Seconded by Mr. Jensen
Motion Unanimously Carried
The following memo was received from Mr. Ryan, Comptroller:
February 15, 1977
Memo To: Town Board Members
From: Matthew W. Ryan, Comptroller
Re: Statement of Assurances
Enclosed please find a Statement of Assurances to be
filled out and submitted to the Federal Government. I believe
each Board Member should review the instructions and the form,
then authorize the Supervisor to sign it at your next Town
Board meeting.
Sincerely,
s/ Matthew W. Ryan
Comptroller
MR. CLAUSEN moved to authorize the Supervisor to sign the
General Revenue Sharing Statement of Assurance and submit same
to the Federal Government.
Seconded by Mr. Johnson
Motion Unanimously Carried
what, if any, corrections they would recommend the Town should
address. Mr. Jensen pointed out all this has been done, and
doesn't know what more could be brought out in discussion. If
there is another solution that hasn't come up yet, that could
be discussed, but he doesn't know of any. Mr. Clausen believed
another meeting was called for and try to extend both sides a
little bit further than has already been done, and come up with
some type of solution. Mr. Diehl, too, would like for Mr. Horton
to look at it again if we're going to have a meeting along with
Mr. Lapar, and have them come in and say what does $12,000 buy
us, what doesn't buy the area, and, if that isn't the answer,
how much are we talking if we have a responsibility there. It
seemed to him when they discussed this before they were saying
$12,000 just moved the problem from one area to another, and if
that's the case that's wasting the money. So, if the Board wants
another meeting, he'd like those figures to come in again, and
if we're going to look at it, it should be the total corrective
figure. It was finally agreed that the Board would meet with
Mr. Horton and Mr. Truett on March 23rd, providing all the infor-
mation was in.
The following letter was received:
Elaine H. Snowden
Wappingers Town Clerk
Mill Street
Wappingers Falls, N.Y.
Dear Mrs. Snowden,
As we discussed in our telephone conversation on Tuesday
February 8, 1977, regarding some reimbursement on my water bill,
I am submitting this letter.
I must keep a water faucet running continuously to prevent the
water pipe into my house from freezing as it did on February 3,
1977.
In consideration of this situation I would appreciate any
assistance in this matter you can give me.
Sincerely,
s/ Edward Armando
8 Dara Lane
117
Mr. Diehl reflected that these conditions prevailed at 8-14 and
16 Dara Lane, and, after the first freeze-up it was recommended
by the professionals that these residents leave their water
running to prevent further freeze -ups. Since that time the
trenches have been opened up, the water pipes have lowered
from 2' to 4', they have been insulated, double insulated and
there should be no problem from this point on. He believed it
would be no more than fair to these three residents that the
Board approve an average bill for this period of time when they
had to leave their water running. He suggested averaging the
last four quarters and bill these residents this quarter on that
average. Mr. Jensen questioned if all these residents were living
there for that length of time. Mr. Versace had no objections to
giving these residents some reduction on their O&M, but he be-
lieved, on the other hand, there should be a point of responsibil-
ity involved with the Town and Mr. Steinberg over who is responsi-
ble for the bills that have been incurred with the digging up of
these lines, and when the determination is made, he believed it
was recoverable type money even though the Town allows them to
have a break in the water bill, this too, should be recoverable
from Mr. Steinberg.
MR. JENSEN moved that the Comptroller and the Water Billing Depart-
ment be directed to bill #8, #14 and #16 Dara Lane residents for
this last quarter (Jan.Feb.March) when they had their water
running to prevent them from freezing, only the minimum rate.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Jensen, on the point of responsibility, asked if the Board
was going to meet with Mr. Steinberg shortly. Mr. Diehl indicated
he had sent a letter to Mr. Rappleyea, went, through the entire
costs (with a copy to Mr. Horton and Mr. Lapar) and recapitulation
of work performed who was present etc. So the information is with
Mr. Rappleyea, to resolve with Mr. Steinberg.
L
C
11$
The residents of Angel Brook will continue to do everything
possible with the cooperation of the Town Board to correct any
and all unsafe conditions in Angel Brook.
Sincerely,
s/ Michael Kelly
Pres.
Mr. Horton explained that, originally the Town had a bond for
$105,000 pertaining only to Section I (Angel Brook). The devel-
oper came in for a reduction of the bond when approximately 60%
of the work was done. At that time it was turned over to the
Engineer to the Town and the Angel Brook Homeowners Association.
Mr. Lapar recommended the bond be reduced to $44,000 and the
Angel Brook Homeowners Association agreed to it. At a later date
the roads deterioated on one section of Alpert Drive and the
developer defaulted on the roads, but, without going to litiga-
tion, agreed to give the Town $35,000 to complete it. With this
amount the Town Highway Department felt they could complete the
roads. In this amount some of the drainage could be completed,
not only what was on the filed map, but for a larger capacity
than what was on the map. This took in parts of Tor Road and
Alpert Drive. The breakdown figures were $6,425.00 for engin-
eering fees that included surveying and permanent monuments put
in, Highway payroll of $4,627.00, blacktop $400 - a section of
Alpert and in front of one house on a dead end street, rental of
paver and rolling trucks etc. for $1,428.00 drainage work for
thmli
pipes etc. at $6,318.00, R.O.B. gravel for catch basins, etc. for
$7,802.00 and the total of the $35,000 was spent on this project.
Mr. Kelly argued that the Board feels there is no money available
to assist them with their problems. Mr. Horton, addressing the
question stated that the money had to be spent for those things
indicated on the filed map, not for something you'd like to do.
Discussion followed on what was done and why. Numerous meetings
had been held on this particular problem and this was a rehash of
the same drainage situation involving Mr. Truett. Mr. Versace
took the position that the Board should indicate one way or
another whether they were or weren't going to solve the problem.
The Board should vote yes or no. Mr. Clausen felt another meeting
on this issue is mandated and from that a vote should be taken,
how much money we should spend up there to solve it, the extent
of the problem and if the Board wishes not to expend any money,
it should be called to a vote and decided upon. Mr. Jensen
thought the area of blame or responsibility has to be clearly
identified before we spend any Town dollars in fixing a drainage.
problem. If it is definitely a Town problem, then we should be
in there doing it, this is where we are hung up. There have, over
the years, been people with individual problems who have asked the
Town to alleviate their problems for them, and it was deemed their
responsibility, not the .Town's. It would be bending the law to
spend taxpayers dollars to improve somebody's property, what then
do we do with the other drainage problems, and whose responsibil-
ity is it. There could be a whole raft more of other requests
similar to Truetts forthcoming. He has to, in his own mind,
search for the responsibility. Mr. Diehl commented that, for
himself, he had been given to understand that it is not a Town
responsibility by the professionals that advise the Town. Argue-
ment back and forth continued about the problem between Mr. Kelly,
Mr. Truett and the Board. Mr. Johnson commented that this is a
problem that eventually somehow, sometime will have to be solved,
and he believes the Town Board has to face the responsibility
that the many drainage problemswe face in the Town have to be
addressed and not put off. We should get on with our drainage
study and this one should be put on priority, if it is a Town
drainage problem, that is the way the Board should go, and soon.
Mr. Diehl asked, at this point, if the Board would recommend Mr.
Horton and Mr. Lapar to again re -inspect the site, again come in
and inform the Board of what responsibilities are the Town's and
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Nay
Councilman Johnson Nay
Councilman Versace Ave
Supervisor Diehl Abstain
Motion Defeated
Prior to the vote however discussion ensued. Mr. Diehl himself
was unsure of how he would vote, if a child got out in the road
and got hurt, he wouldn't want the responsibility of it, and
Mr. Versace said he also wouldn't want that responsibility, but
there seemed to be a safety factor in this development and that's
speed, and if the residents themselves feel if stop signs were
erected, speeders would slow down, he felt it would bring the
problem under control. The Town doesn't have a police force,
hence no way to enforce the speed limit, so, if the residents
feel signs are observed, and they want them, that's why he moved
the motion to post these signs. Mr. Jensen asked Mr. Kelly if
either the Sheriff or State Police had ever been called when
speeding has been observed in their area. Mr. Kelly said they
had called on the motorcycle problems. Mr. Jensen observed that
it has been effective in other areas if these police agencies are
called and violators receive summonses. This is something the
residents have to do on their own. Mr. Kelly stated that the
residents have gone so far as to start throwing rocks at the cars
%be that are speeding through. Mr. Diehl was sorry to hear the kids
throw stones at cars, and Mr. Kelly corrected him saying it wasn't
the kids, it was the adults. One man from another development
stated he felt stop signs were a better traffic deterrent since
people stop at them not knowing what might be coming the other way.
Mr. Horton made the observation that he still believes this en-
courages the use of streets as playgrounds, and it is still his
belief, as he has seen two basketball hoops on different streets
where.k ids play basketball in the streets, that is encouraging use
of the streets as playgrounds. At the conclusion of the vote Mr.
Diehl commented he was going to call the State Police and ask
them to put radar in that area. Mr. Kelly said he hoped the
Board recognized what they were doing because they've already had
children almost run into the front of cars, and the Board can be
damned sure that he will be down here the first time that any kid
is hit, and he'll have everybody in Angel Broolt here, and all of
the residents in this development will be informed of this Board
action, and he is going to hold the Board responsible for any
kid that's killed in his development. Mr. Diehl's rebuttal was
if the stop signs were installed and a kid was killed, who then
would be held responsible. Mr. Kelly's response was it would be
the driver of the car.
The following letter was received:
February 7, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, New York
Gentlemen:
The residents of Angel Brook continue to await your decision
on action to correct the hazardous condition of the brook •in
the vicinity of 23 Alpert Drive.
Since there appears to be a reluctance on the part of the Town
Board to allocate any money to correct the deteriorating condi-
tions, the residents of Angel Brook request that the Town Board:
1. Investigate and give an accounting of the $105,000
bond of the Peerless Insurance Company.
2. Give the reasons why the bond was reduced to $44,000,
which, according to the Southern Dutchess News of
September 23, 1971, required the approval of Attorney
Rappleyea.
3. If, as reported by the Town Engineer Rudolph Lapar in
the above mentioned article, the pipes in the develop-
ment were not in accordance with the subdivision plans
and not of hydraulically proper construction, why was
action not taken by the Town to force compliance by the
builder, Mr. Alpert.
4. Why should the residents of Angel Brook now be forced
to live with the present conditions when prior action
by the Town Board might have corrected the situation
six years ago.
122.
position? He thought this should be clarified.
Mr. Diehl responded that he had asked, in regard to the same,
Mr. Rappleyea to prepare a Local Law for presentation at the
next Town Board meeting, so that we would have the ability to
hire and retain a comptroller, that not necessarily lives in
the Town of Wappinger. Mr. Versace commented that he wasn't
concerned either with Hyde Park politics, he brought this issue
up for the fact that it was brought to his attention, and what
happens to the Town of Wappinger is his concern. Mr. Ryan is
a resident of Hyde Park and he is working in the Town of
Wappinger. The Law does state that the Town Comptroller has
to be a resident of the community in which he works. All he
is looking for is clarification, because they as Board members
are responsible, if they are aware of this problem and did'ilt
try to rectify it or find the answer to it, we would be at
fault.
Mr. Clausen requested that along with notifying Mr. McMillen of
his appointment to the Zoning Boafd of Appeals, the Chairman
of the Zoning Beard be informed of the appointment, also a
letter to the unsuccessful candidates be addressed and express
the Board's appreciation for their interest.
Mr. Johnson brought up the matter of the testing of the water
in Fleetwood, commenting that he had been in contact with Mr.
Lapar's office who is compiling and preparing the necessary
requirements that will be sought from those who may want to bid
the work, this faze is now nearly completed.
Supervisor Diehl entertained a motion to adjourn, as there was
no further business to come before the Board.
MR. CLAUSEN moved the meeting be adjourned, seconded by Mr.
Jensen and unanimously carried.
The meeting adjourned at 10:45 P.M.
Liagj
Elaine H. Snowden
Reg. 2/28/77 Won Clerk