1976-08-09 RGMTOWN OF WAPPINGER
AUGUST 9, 1976
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. ACCEPT MINUTES July 12, 1976 Reg.
4. REPORTS OF OFFICERS
Supervisor Town Justices Receiver of Taxes Bldg. Insp.
Zoning Administrator
5. RESOLUTIONS
a. Sign Ordinance
b. Freshwater Wetlands Act - Local Law
c. Extend lease for Assessors Office
d. Petition for Public Hearing - CATV Rates (H. Mangold)
e. Games of Chance - Local Law
f. Central Wappinger Water Contract #9 - Bids
g. Peddlers License Applications - Raymond Costa, Jr., & Jack Diodato
h. Tri -Municipal (2)
6. PETIONS & COMMUNICATIONS
a. Ruth Martin re: Regulations for Reese Park
b. Planning & Zoning Boards request permission to attend. Planning
Federation Conference at Kutchers, & B. Hermans -NYS Bldg.
Officials School.
c. Keenan Morrow -Hill -N -Dale Subdiv. re: requesting information_.__..
on Water & Sewer Rates
d. E. J. Kompass re: Tall Trees well being drilled
e. Doloros Munn: Letter of appreciation
f. Ralph -Joseph Ferrusi re: assessment for sewer hookups
g. Roland A. Augustine, Inc., Insurance re: Lombardi Contracts
h. Thomas Logan re: request for re -zoning
i. Margaret Ch}arinzelli requests rebate on bill for flushing water
line - Fox Hill
j. R. E. Lapar'"Reports:
1. Cranberry Hill Water Improvement
2. Inspection of various T/W water storage reservoirs-CWWI
& Tall Trees Water Dist.
3. Total number of hydrants needed to conform to AWWA require-
ments.
4. Sludge control at Oakwood Plant
5. Fleetwood Sewer System - Manholes
6. Sewage Basin - part of sewage house pump system
7. REPORTS OF COMMITTEES
8. UNFINISHED BUSINESS
a. Michael Morris re: Lakewiew Development
b. Wm Horton re: Mrs. Andersons Specifications for bids for
Demolition ( Maloney Rd.)
9. NEW BUSINESS
10. ADJOURNMENT
244
The Regular Monthly Meeting of the Town Board of the Town of
Wappinger was held on August 9, 1976 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:
Jon Adams (substituting for Allan Rappleyea, Attorney to the Town)
Rudolph Lapar, Engineer to the Town
The Minutes of the July 12, 1976 Regular Monthly Meeting, having
been previously sent to the Town Board members, were now placed
before them for their approval.
MR. CLAUSEN moved the Minutes of the July 12, 1976 Regular Monthly
Meeting, as submitted by the Town Clerk be and they are hereby
approved.
Seconded by Mr. Johnson
Motion Unanimously Carried
Reports for the month of July were received from the Supervisor,
Town Justices, Receiver of Taxes, Building Inspector and Zoning
Administrator.
MR. CLAUSEN moved that the July reports from the Supervisor, Town
Justices, Receiver of Taxes, Building Inspector and Zoning Adminis-
trator, be accepted and placed on file.
Seconded by Mr. Johnson.
Motion Unanimously Carried
Supervisor Diehl prescribed the order of business be adjusted,
allowing item 6a - Mrs. E. Martin to be the next order of business
since she and several of her neighbors present had another meeting
to attend. Mrs. Martin's son Ernst Martin Jr. was spokesman for
those present, and generally stated their concern regarding people
-shooting in Reese Park (their properties adjoin this park) and noted
that the Police Agencies had no authority as long as firearms were
not discharges within the State regulation of 500 ft. from a house
or out building. Their request was for the Town to take some action
to prevent shooting of any kind in the Town parks. Supervisor Diehl
assured them that the Board had before it this evening a proposed
local law for the regulation of Firearms in Town Parks and Municipal
Water and Sewer Plants.
A Public Hearing lhavihgj. been conducted on July 12, 1976 on an
Ordinance Amending the Town of Wappinger Zoning Ordinance relating
to signs, the matter was placed before the Board for their considera-
tion. (Affidavits of Posting and Publication wereoffered for the
record at the time of the Hearing).
The following resolution was offere4 by COUNCILMAN JENSEN, who
moved its adoption:
BE IT RESOLVED AND ORDAINED by the Town Board of the Town
of Wappinger, Dutchess County, New York, pursuant to laws of
the State of New York, that the Town of Wappinger Zoning Ordin-
ance adopted January 29, 1963, as amended from time to time, is
hereby further amended as follows:
Section 1: Subparagraph (b) is hereby added to the "permitted
accessory uses" under the HB -1 District and the HB -2 District and
shall in each case read as follows:
(b). Signs:
Signs shall be permitted in the above District only in
accordance with the standards and conditions for signs
as provided under the LB (Local Business) District
classification. No other signs shall be permitted.
Said LB District Regulations are hereby incorporated
herein by reference thereto.
Section 2: This amendment shall take effect immediately
upon adoption, posting and publication as provided by Town Law.
Seconded by: Mr. Johnson
Roll Call Vote: 5 Ayes 0 Nays
A Public Hearing having been duly held on August 9, 1976, at 7:00
P.M. pursuant to Municipal Home Rule Law Section 20.5, on the
proposed Local Law #1 of 1976 entitled Freshwater Wetlands Protections
Law, the matter was placed before the Board for their consideration.
MR. CLAUSEN moved that Local Law ;#1 of the year 1976, prpviding for
the protection, preservation and conservation of Freshwater Wetlands
within the Town of Wappinger, and establishing a permit system with
regard to certain regulated activities in Freshwater Wetlands and
adjacent areas, and to be known as the Freshwater Wetlands Pro-
tection Law, shall be adopted in its entirety as introduced before
the Board on July 12, 1976.
Seconded by Mr. Versace
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Aye
Councilman Johnson Aye
Councilman Versace Aye
Supervisor Diehl Aye
The following proposed local law for the year 1976 was introduced
by COUNCILMAN CLAUSEN and seconded by Councilman Jensen:
BE IT ENACTED by the Town Board of the Town of Wappinger as
follows:
Section 1.
No person shall:
A. Discharge a firearm or long bow in such a way as will
result in the shot, slug, load, arrow or other projectile thereof
passing over a public highway or any part thereof.
B. Discharge a firearm or long bow within any public recreation-
al area within, or at any publicly owned sewer treatment or water
distribution structure.
C. The prohibitions contained in clause B above shall not
apply to:
1. Programs conducted by public schools or public agencies
offering instruction and training in the use of firearms or long
bow;
2. The authorized use of a pistol, rifle or target range
regularly operated and maintained by a police department or other
law enforcement agency or by any duly organized membership or non-
profit corporation or gun club or any other sportsman club.
3. The discharge of firearms by law enforcement officers
for the performance of their duties.
Section II.
Any person found guilty of a first offense of this local
law shall be deemed guilty of a violation and shall be fined a
sum not exceeding $250.00 or be imprisoned for a period not
exceeding 15 days, or both, and any person found guilty of a
second or subsequent infraction of this local law shall be
guilty of an unclassified misdemeanor and shall be subject to
imprisonment not exceeding one year or a fine not exceeding
$1,000.00, or both.
Section III.
This act shall take effect immediately.
The following resolution was introduced by COUNCILMAN JOHNSON,
who moved its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board held on August 9, 1976, a proposed
local law, entitled "Prohibition of Discharge of Firearms and
Long Bows" 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
Local Law by the Town Board of the Town of Wappinger on the 30th
day of August 1976 at 7:30 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 the
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 the Town of Wappinger.
Seconded by Mr. Jensen
Roll Call Vote: 5 Ayes 0 Nays
There was some discussion that followed relating to the passage
of the Freshwater Wetlands Act involving opinions of Mr. Sailor,
Mr. Incoronato, Mr. Hawksley, Mr. McMillan and Mr. Lapar.
Supervisor Diehl recognized Ed Hawksley, Co -Chairman of the Town
of Wappinger Conservation Advisory Council, who then gave a
Dear Board Members:
2 NO'
On July 22, 1976 bids were received and opened for the above
project.
The results were as follows:
Wilson Excavators, Inc.
Dave Alexander, Inc.
K&A Excavating Contractors Inc.
Robert Young Company
$13,484.15
15,110.00
16,991.00
19,445.00
We have examined the bid of Wilson Excavators, Inc., the
apparent low bidder, and have found it to be in order. We,
therefore, recommend that the contract be awarded to Wilson
Excavators, Inc.
Thank you for your time and cooperation in this matter.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
MR. CLAUSEN moved to accept the recommendation of the Engineer
to the Town, and award the bid to Wilson Excavators, Inc., as low
bidder, in the amount of $13,484.15, for the Vorndran Drive -Deer
Run Drainage Project, and further, -to,authorize the Supervisor to
sign the contract, with a recommendation from Mr. Rappleyea and
Mr. Ryan,, Town Comptroller for the necessary method financing.
Seconded by Mr. Versace.
Motion Unanimously Carried
Applications were received from Raymond A. Costa Jr. and Jack
Diodato for Hawking and Peddling Licenses. The applications had
been forwarded to the Dutchess ;County Sheriffs Department and
returned indicating no criminal record on file.
MR. CLAUSEN moved to approve the applications and grant Raymond A.
Costa Jr. and Jack Diodato licenses for Hawking and Peddling in the
Town of Wappinger.
Seconded by Mr. Johnson.
Motion Unanimously Carried
Communications were received from Leif Jensen as Chairman of the
Tri -Municipal Commission, indicating that the contract for the
purchase of the property, known as site 1B (for the Tri -Municipal
sewerage treatment plant - off Sheafe Road) has been signed by
the owners, and the sum of $50,000 will be needed on or before the
7th of September, 1976 to cover the cost of purchase, plus title
work. The Town of,Wappinger share ® 48.8% will be $24,400.00.
MR. JENSEN moved to approve payment of the sum of $24,400:00 for
the Town of Wappinger share of the purchase price of site 1B for
Tri -Municipal, and be made available to the Tri -Municipal Commission
before September 7, 1976; and further, that the Comptroller of the
Town of Wappinger be instructed to appropriate the necessary funds.
Seconded by Mr. Versace.
Motion Unanimously Carried
The following Ordinance was introduced by SUPERVISOR DIEHL who
moved its adoption:
BE IT ORDAINED by the Town Board of the Town of Wappinger
pursuant to Article 16, of the Town Law, as follows:
Section 1. The Zoning Ordinance of the Town of Wappinger,
adopted January 29, 1963 and as amended from time to time is
further amended to read in accordance with the amended Ordinance
which is attached hereto and made part hereof which is incorporated
in and made part of this Ordinance by reference thereto.
Section 2. The Zoning Map adopted January 29, 1963 as
amended from time to time is further amended in accordance with
the attached map which is incorporated herein by reference
thereto.
Section 3. These amendments to the Zoning Ordinance of
the Town of Wappinger and the Zoning Map of the Town of Wappinger
shall be effective upon adoption, posting and publication as
provided by Town Law.
Seconded by Mr. Johnson.
The following Resolution was introduced by SUPERVISOR DIEHL who
moved its adoption:
248
presentation on the open space map and accompanying index that
the Advisory Council had prepared over the last three years (an
accomplishment mandated by Section 239x, General Municipal Law).
At the conclusion of the presentation, Mr. Hawksley indicated that
it was the; Council's hope that the Town Board would consider
resolutions that would accept and approve the open space index and
map, as well as consider redesignating the Council as a Conserva-
tion Board (Section 239y -General Municipal).
Mr. Diehl believed the next step the Town Board should take would
be to inform the Planning Board, Mr. Lapar and Mr. Horton that
this map has been placed on the wall for inspection, and any
comments from any of them would be appreciated before the Board
takes any further action.
Mr. Clausen commended Mr. Hawksley and his colleagues for doing
such a fine job.
The Assessors Office lease stipulates a right of extension for
another year on the same terms of the original lease with the
exception that the rent shall be increased to $250. per monthr
starting with the anniversary month (August).
MR. CLAUSEN moved to exercise the right of extension of the lease
for the Assessors office with Dr. Harvey Miller for the monthly
rental of $250. per month.
Seconded by Mr. Jensen.
Motion Unanimously Carried
A petition was forwarded, from Harold L. Mangold, representing
U.S. Cablevision Corp. Said petition requesting the Town Board to
entertain an amendment of the Cablevision franchise, changing the
rates, and set a date for a public hearing on said application.
Mr. Diehl directed the petition be referred to the CATV Committee
review and recommendation.
o.9
The following Bid report was received:
July 12, 1976
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Central Wappinger Water
Contract #9
Dear Board Members_:
On July 7, 1976 bids were received and opened for the above
contract.
The results were as follows:
Dave Alexander, Inc.
Wilson Excavators, Inc.
Rebena Construction Co., Inc.
K&A Excavating Contractors, Inc.
Lombardi & Son, Inc.
Daniel F. MacNamee & Co., Inc.
$42,330.00
48,700.00
53,977.50
54,611.00
58,091.25
82,683.75
We haveexamined the bid of Dave Alexander, Inc., the apparent
low bidder, and have found it to be in order. We, therefore,
recommend that the contract be awarded to Dave Alexander, Inc.
Thank you for your time and cooperation in this matter.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
MR. CLAUSEN moved to accept the recommendation of the Engineer to
the Town and award the bid to Dave Alexander Inc. as low bidder in
the amount of $42,330.00, for Central Wappinger Water Improvement,
Contract #9, and further, to authorize the Supervisor to sign the
contract.
Seconded by Mr. Jensen.
Motion Unanimously Carried
The following Bid report was received:
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
August 5, 1976
Re: Vorndran Drive - Deer Run
Drainage Project
2 52
WHEREAS, there has been introduced, an ordinance amending
the Zoning Ordinance and Zoning Map of the Town of Wappinger,
now, therefore,
BE IT RESOLVED that a public hearing shall be held on the
14th day of September, 1976 at 7:00 P.M. Eastern Daylight Time,
at the Wappinger Jr. High School, Remsen Avenue, Wappingers Falls,
Town of Wappinger, Dutchess County, New York.
BE IT FURTHER RESOLVED that the Town Clerk shall give
notice of said public hearing asprovided by law.
Seconded by: Mr. Johnson
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Aye
Councilman Johnson Aye
Councilman Versace Nay
Supervisor Diehl Aye
MR. DIEHL moved that the Board authorize the establishment of a
Officers
second position for Special Police/to patrol nightly, in the
Town of Wappinger on special duty, the recreation facilities
throughout the Town and also the Sewer and Water Plants and facili-
ties as general surveillance of the Town of Wappinger; and further,
authorize the Chairman of the Health and Safety Committee to contact
Captain Bruce of the Village of Wappingers Falls Police Department
to ascertain if he has men available to fill this position an a daily
basis at a rate,of $3_50 .per hour, plus mileage.
Seconded by Mr. Johnson.
Mration Unanimously Carried
Requests were received from the Planning Board and Zoning Board
of Appeals to attend the Planning Federation Convention at Kutsher's
Oct. 10 thru Oct. 12, 1976; and Bruno Hermans, Building Inspector
requests permission to attend the New York State Building Official's
School at Fallsville, Elienville N.Y. Sept. 15 thru 17th, 1976.
MR. CLAUSEN moved that the members of the Planning Board, Zoning
Board of Appeals and any member of the Town Board who wishes to
attend, be granted permission to attend the Planning Federation Con-
vention, and also Bruno Hermans be likewise granted permission to
attend the NYS Building Official's School, and that all their
necessary and legitimate expenses be Town charges.
Seconded by Mr. Jensen.
Motion Unanimously Carried
The following letter was received:
June 22, 1976
Town Board
Town of Wappinger
Wappingers Falls, N.Y
Re: Parcel - Hopewell Junction
Hill -N -Dale - Cedar Road
Town of Wappinger, New York
Gentlemen:
We are the owners of 77 acres located at Hopewell Road and
Cedar Hill Road in the Town of Wappinger.
We are considering the development of this parcel for a
residential subdivision. However, we note that we are within the
Wappinger Improvement District No. 1 for Sewers and Water.
Will you please advise us as to what charges we are paying
for being in the district and what the charges would be for services.
Could you give us any time table as to when sewer services could
be available to our site and when water service would be available
to our site and cost of same.
Very truly yours,
s/ Keenan Morrow
Whites Corners Co. Inc.
MR. CLAUSEN moved to refer Mr. Morrow's communication to the
Town Comptroller, Allan Rappleyea, Rudolph Lapar, Attorney and
Engineer to the Town to respond to the requests so stated in his
letter.
Seconded by Mr. Versace.
Motion Unanimously Carried
A letter was received from Edward J. Kompass enclosing a letter
he had written to Mr. Michael Flitt (Tall Trees Section II) regarding
the drilling of an additional well in the Tall Trees Development.
Mr. Kompass effectively was putting both Mr. Flitt and the Town of
Wappinger on notice that if the adjoining property owners suffer a
lessening of their water supply, they will take legal action against
the use of the additional well.
The Board diutected Mr. Kompass's letter be referred to the Attorney
to the Town for informational purposes.
A letter of appreciation was received from Dolores Munn for work
done by Camo Pollution Control in the Royal Ridge Development.
Supervisor Diehl directed Mrs. Munn's letter be received and placed
on file.
A letter was received from Ralph Joseph Ferruse lodging a complaint
regarding the benefit assessment for Wappinger Sewer Improvement #1
for sewer. He is one of the several residents living just beyond
the end of the sewer lines on Old Hopewell Road.
Mr. Clausen recommended that, having been informed that the Super-
visor's Office has already notified Mr. Ferruse that he will be placed
on the assessment rolls for 1/3 of the unit benefit assessment, Mr.
Ferrusi's letter be received and placed on file.
A letter was received from the Roland A. Augustine Inc. Insurance
Agent requesting i-trformatiOn regarding the status of Lombardi & Son
Inc. contracts that still have not been released and the balance
due Lombardi to date.
MR. DIEHL moved that the letter from the Roland A. Augustine Insurance
Co. in regard to the Lombardi contracts be forwarded to Mr. Rappleyea
Attorney to the Town, and Mr. Lapar, Engineer to the Town and the
Comptroller for their counsel and recommendation in this matter,
so that a letter may be drafted answering the said request from the
Insurance Company and if it is ascertained it is indeed their respon-
sibility to do the search themselves, they shall be so informed.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Mr. Lapar indicated he already had taken the position that if the
insurance companies wanted this information it was up to them to
send a representative to the offices directly and obtain it them-
selves, so that if there were a problem the burden of responsibility
was theirs, and they couldn't come back and say the Town said
everything was alright. Mr. Jensen added that he believed the
oi'tus was on the insurance carriers who insure these contractors,
then whythould we be doing their work for them.
Mr. Diehl stated that while the Board was on the subject, (of
Lombardi) he believed an opinion had been given to all the Board
members from the Attorney to the Town in regard to a problem with
Lombardi & Son, Inc., Construction Company in regard to gravel fill.
That opinion by the Attorney to the Board was that the Board should
act negative to it and not honor his request. He stated he would
offer a resolution that the Town Clerk should so instruct Mr. Frank
Lombardi of that decision. Mr. Clausen commented that, since the
Town Clerk hasn't read the letter, the opinion doesn't basically
say that the Town Board should deny Mr. Lombardi, it says due to
the fact that the onus is upon Mr. Lombardi to prove that he was
directed to contribute extra gravel beyond the specifications and
until he does so at this time the request should be denied, but,
however, in the future if new information is forthcoming, it could
be reconsidered. Mr. Johnson believed that on the question of Mr.
Lombardi, the Board should vote on it once and for all, whether or
not it be Mr. Rappleyea's opinion that it is incumbent upon Mr.
Lombardi to prove that he was asked by OCEA. Mr. Lombardi did not
conform to the specifications of gettingprior approval from the Board
before putting in additional work, and he feels the matter should be
concluded once and for all. Mr. Jensen believed the resolution should
just so state that the Board is denying Mr. Lombardi's request for
extra payment on that particular contract and the onus should always
be on any individual to come back to the Town Board if they want to
reopen up their claim. This way, following Mr. Johnson's train of
thought, the issue is over at this time from the Town Board level, if
they feel they still have something to bring up in court, that's up to
them.
L
MR. DIEHL moved that, upon information and the opinion from the
Attorney to the Town, Mr. Lombardi's request for relief has been
denied.
Seconded by Mr. Jensen
Roll Call Vote:
Councilman Clausen Nay
Councilman Jensen Aye
Councilman Johnson Aye
Councilman Versace Abstain
Supervisor Diehl Aye
Motion Carried
The following rezoning request was received:
9 July 1976
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Gentlemen:
The undersigned owners of real property located in the
Town of Wappinger on the westerly side of New Hackensack Road
and opposite Widmer Road and Pine Hills Drive respectfully request
your consideration of a request for a change of zoning.
The property consists of approximately 7.5 acres with 700
ft. frontage on New Hackensack Road and is presently zoned RD -20
and proposed to be zoned RMF -5. The request is to be zoned HB -2
under the present ordinance or HB -2A under the proposed ordinance
as is the Milner property bordering the subject property for several
hundred feet in the rear. The adjoining property on New Hackensack
Road now owned by Ganser is presently the subject of an application
for a Special Use Permit as a Medical Clinic. If approved as a
clinic it is apparent that the trees and stonewall and bank on
Ganser's land will have to removed to provide site distance and
space for blacktopping for at least 20 cars thru destroying
whatever residential character presently exists on the road in
this area.
The proposed use of our property is for a fruit and produce
and lawn and garden business to be at least in part supplied by
home grown products.
Very truly yours,
s/ Thomas E. Logan
Mary K. Logan
256
Mr. Diehl mentioned that this request had been presented to the
Board at their last meeting on zoning, and all Board members are
well aware this request, and no action was taken at that meeting.
MR. DIEHL moved that Mr. Logan's rezoning request be received and
placed on file, with a copy sent to the Planning Board.
Seconded by Mr. Jensen.
Motion Unanimously Carried
August 3, 1976
On April 13, 1976 we had our water and sewer hooked up
by Robert Germano, plumber. When we ran the water, it
was polluted from being in the pipes (in the ground) for
a year and was undrinkable. The plumber, Mr. Germano,
called the Town Hall and told them about the condition
of the water and they said the lines would be flushed.
However, we needed to use the water since our well had
been disconnected and it was Friday evening about 5:00
P.M. The only way to get the water clear was to run the
water through our meter and it took approx. 100 cu. ft.
to clear the lines.
The water company never did flush the lines on our street,
Fox Hill Rd. Wappingers Falls.
s/ Margaret Chiarinzelli
Mr. Diehl stated that Mrs. Chiarenzelli would like a 50 rebate on
her water bill.
MR. DIEHL moved that the Comptroller refund the 50 to Mrs. Chiarenzelli,
Seconded by Mr. Clausen.
Memo to:
From:
Re:
Motion Unanimously Carried.
July 23, 1976
Messrs. Louis D. Diehl
Louis D. Clausen
Leif W. Jensen
Nicholas S. Johnson
Frank J. Versace
Rudolph E. Lapar
Cranberry Hills Water Improvement
At the April 19th meeting of the Sewer Committee and the Town
Board it was decided that the Town was going to approach the
developer to do the following:
1. Eliminate the debt of some $33,600 from the Oakwood Knolls
Water District, and
258
2. Provide and install pressure reducing valves and meters for
all houses in that district. In turn, they would be permitted
to use the transmission lines of the Oakwood Knolls Subdivision
in order to get to the Cranberry Hills Subdivision property.
To my knowledge the developer is willing to do this but I am not
sure if the Town has formally approached him. However, the dev-
eloper is now inquiring of my office what's happening with the
water district. Presumably when the papers are signed, etc.
there will be a public hearing and a water district will be formed.
I await your advice and/or direction.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
Discussion ensued as to what steps were to be taken toward forming
a district. Mr. Versace believed that prior to the Board directing
any thing to be drawn up, a meeting should be held between the
Developer, the Town Board and the Oakwood Knolls Civic Association.
MR. CLAUSEN moved that an informational meeting be scheduled for
August 26, 1976 at 8:00 P.M. at the Town Hall to meet with the
Engineer to the Town, the Principals of DWS, the residents of Oak-
wood Knolls, and the Town Board for the purpose of resolving the
water. _
Seconded by Mr. Johnson.
Motion Unanimously Carried
The following report was received:
July 26, 1976
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Inspection of Various
Town of Wappinger
Water Storage Reservoirs
Gentlemen:
We have solicited bids for inspection, cleaning, painting, and
repair of various storage tanks in the Town. Enclosed is a copy
of solicitation letter previously sent. We received only two
replies (enclosed) and a letter of regret from Pittsburgh -Des
Moines Steel Company that they could not bid.
Based on the above, we recommend that Caldwell Tanks, Inc. be
s 59
authorized to make an inspection and submit a written report
(as per their letter of June 30, 1976) with the cost of $450
being allocated as follows:
CWWI $300
Tall Trees Water Distr. 150
Very truly yours,
s/ Rudolph E. Lapar, P.E.
MR. JOHNSON moved to accept Mr. Lapar's recommendation, and
authorize Caldwell Tanks Inc. to make an inspection and submit
a written report for inspection cleaning and painting various
water storage tanks in the Town for the cost of $450.00.
Seconded by Mr. Jensen.
Motion Unanimously Carried
The following report was received:
July 26, 1976
Town Board
Town of Wappinger
Town Hall - Mill Street
Wappingers Falls, N.Y.
Re: Total number of hydrants required in all areas of
the Town in order to conform with AWWA requirements
Gentlemen:
Enclosed herewith is a memo from Mr. Joseph E. Paggi, Jr. of
my office indicating that -approximately 52 hydrants would be
required in order for the Town to conform to the AWWA fire
hydrant requirements. Other information on the memo will
also be of interest to you.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
It was the consensus of the Board to wait for the report of
AWWA before considering installation of further hydrants.
The following report was received:
'260
July 27, 1976
Town Board
Town of Wappinger
Town Hall - Mill Street
Wappingers Falls, N.Y.
Re: Sludge Control at
Oakwood Knolls Plant
Dear Board Members:
Enclosed please find a letter from Camo to our office recom-
mending tests to increase the settleability of the sludge
in the Oakwood Plant.
Due to several factors, including the lack of sufficient flow
to said plant, we recommend that Camo be authorized to perform
said test and possibly implement ways of increasing settleability
after review of the data obtained has been reviewed by the
Board and this office.
In addition to the above, our office is continuing investigations
on the possible addition of physical means to alleviate the odor
problem eminating from the sludge holding tank during normal
operations.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
MR. JENSEN moved that Camo Pollution Control, Inc. be directed
to make said settleability tests on the plants for a sum not to
exceed $400.00.
Seconded by Mr. Versace.
The following report was received:
Town Board
Town of Wappinger
Town Hall - Mill Street
Wappingers Falls, N.Y.
Motion Unanimously Carried
July 29, 1976
Subject: Fleetwood Sewer System
Dear Board Members:
Enclosed please find memo from Evangelista of my office which
speaks for itself.
I hope these recommendations will be implemented.
Very truly yours,
s/ Rudolph E. Lapar
July 28, 1976
Memo to: Mr. Lapar
From: R.M. Evangelista
Re: Fleetwood Manor Sewer System
In speaking with Mr. Bill Horton he informed me of the following
in the above area:
First, that all manhole covers should be raised with rings,
but he wasnot authorized to do so.
Secondly, that all the manhole covers were removed by his
crew and visual inspection of the manholes indicated that
all the manhole "troughs" were plugged and should be cleaned
by Camo.
Thirdly, several manholes were just built around pipe with no
"troughs" at all. Therefore, this pipe (top half) should be
cut to form a "trough" for easy accessibility and cleaning.
MR. CLAUSEN moved that the Highway Superintendent be directed to
raise the manhole covers of the sewer system in Fleetwood and
have it be a Highway charge.
Seconded by Mr. Versace.
Motion Unanimously Carried
The following report was received:
August 3, 1976
Town Board
Town of Wappinger
Town Hall - Mill Street
Wappingers Falls, N.Y.
Re: Sewage Basin
Dear Board Members:
In our letter of April 6, 1976, we neglected to include our
recommended sewage basin which should be purchased as part
of the sewage house pump system.
We have enclosed a copy of the specification showing a recommended
figerglass sewage basin.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
MR. CLAUSEN maved that the recommended sewage be purchased as
part of the sewage house pump system.
Seconded by Mr. Jensen.
Motion Unanimously Carried
262
The following report was received:
August 9, 1976
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Central Wappinger Water Improvement
Contract #8 - Final Estimate
Dear Board Members:
Enclosed please find the final estimate for Central Wappinger
Water Improvement - Contract #8
Please be advised that the work done on this contract was done
in accordance with specifications and was completed in a satis-
factory manner.
The contractor on the project was Lombardi & Son, Inc.
Very truly yours,
s/ Rduolph E. Lapar, P.E.
MR. CLAUSEN moved to accept Mr. Lapar's report on Contrast #8 and
place it on file.
Seconded by Mr. Jensen.
Motion Unanimously Carried
The following letter was received:
August 4, 1976
Mr. Louis Diehl, Supervisor
Town of Wappinger
Wappinger Town Offices
Mill Street
Wappingers Falls, N.Y.
Re: Schoonmaker Water System -Central Wappinger Water Impr. Area
Dear Mr. Diehl:
The Brett View Water Company presently serves approximately
240 residential customers in the Town of East Fishkill and seeks
to investigate the possibility and feaseability to purchase bulk
water from the Town of Wappinger, rather than to continue obtain-
ing water from their present wells.
The lands in question form the westerly boundary of the
Town of East Fishkill, being directly across the Sprout Creek
from Rockingham Farms. Brett View does not comtemplate any
expansion and would require an average of 96,000 gallons per
day or less (estimated) .
A preliminary study has shown that a connection the the
existing water line of the Town of Wappinger System and the cross-
ing of Sprout Creek to a connection to the existing water mains
of the Brett View Water Company is practical and feasable.
It is therefore requested that the Town of Wappinger consider
whether the sale of bulk water to the Brett View Water Company is
desired, and if so, at what rates would the water be available to
the Brett View Water Company.
If I can provide any additional information in this matter,
please feel free to contact me.
Very truly yours,
s/ Ronald B. Firedman, PE
MR. CLAUSEN moved that Mr. Friedman's request be referred to the
Engineer and Attorney to the Town for their recommendation.
Seconded by Mr. Jensen.
Motion Unanimously Carried
Mr. Warren Strohm, being recognized by the Chair, noted that he
had forwarded a letter to the Board regarding the proposed Zoning
Ordinance Amendments, and he did not see it on the Agenda. Mr.
Diehl commented that all Board members had received Mr. Strohm's
letter and he had personally answered Mr. Strohm (a copy of which
all Board members had received) in which he indicated that any
of the Board were in a position to act or meet with Mr. Strohm
and the ZRAC Committee if they so desired. Mr. Diehl concluded
that Mr. Strohm could state his objections at the Public Hearing.
A letter was received from the Recreation Commission recommending
the Town Board take action in instituting rewards for apprehension
of vandals vandalising the Town Recreation properties.
The Board directed this communication be placed on the September
Agenda to allow the Town Board time to discuss the ramifications
in executive session.
Under Committee Reports, Mr. Johnson reported that he and Mr.
Clausen had been interviewing applicants for the double entry
bookkeeping position. They have been expecting a recommendation
from Mr. Ryan as to which of the applicants, in his opinion, was
264
•
best qualified for the position. Mr. Johnson felt it would be
appropriate for the Board to decide on a salary range for the
position. This would help in looking for qualified people.
MR. JOHNSON moved that the salary for a senior account clerk for
the Town of Wappinger shall not exceed $7,500.00.
Seconded by Mr. Clausen.
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Aye
Councilman Johnson Aye
Councilman Versace Nay
Supervisor Diehl Aye
Mr. Versace took exception to the proposal for hiring a book-
keeper to handle double entry bookkeeping in the Comptroller's
office. It was his recollection when interviewing applicants
for Comptroller he was under the impression then that the -Comp-
troller himself would be handling the double entry system for the
Town. If this is one of the duties that is going to be taken away
from the Comptroller, he would like to know now what the Comptroller's
function is actually going to be. If it's just going to be in an
advisory capacity, then he feels there should either be the elim-
ination of the Comptroller's job by hiring a bookkeeper, or, there
should be an adjustment in salary. We did hire the Comptroller with
the intention that he was going to implement the system for us, and
that he was going to do it with the minimum amount of staff, and
what he has done since becoming the Comptroller is slowly pass
these duties off to other people and increasing instead of decreasing
the staff. He thinks the Board should consider, if they are going
to hire a bookkeeper, re-evaluating the Comptroller's job, how
valuable he will be and what his duties would be. Mr. Jensen
remarked that it was his understanding that the two part time
employees would be terminated with the advent of a full time book-
keeper': Mr. Johnson 'commented that a Comptrollers position was not that
of a bookkeeper. Mr.1 Versace felt his point was missed. Originally
when the Town decided to go for a Comptroller, the question asked
of all the applicants being interviewed was "could you physically,
without machine lfielp, implement a double entry system" and the
answer from every individual was yes, and "could you implement
this system with the present staff" and again every answer was
yes. The Board was assured at that time that the double entry
system would be in effect by June of 1976. We're well into August
and we still don't have the system. He reiterated that he would
like to know if the Comptroller was going to act in a supervisory
capacity, what his duties would entail, and again, an adjustment
it salary. If you are taking something away from him that he
agreed to do for the Town when he was hired and giving it to
somebody else at a cost of $7,500, and he can't believe we need
another Supervisor, we already have a duly elected one. So, for
$16,000 he can't see someone just sitting up there. He thinks
the Miscellaneous Committee should re-evaluate the functions of
the Comptroller and notify the Board as to what these functions
are that the Comptroller will have now. Mr. Diehl commented that
he also believes it's a substitution of manpower in the office,
and not additional help, and he believes the Board gave the Comp-
troller instruction and direction to supervise the bookkeeping and
the water and sewer departments as part of his duties, also the
Comptroller has attempted to implement double entry, but with the
help at his disposal, was unable to institute the system, possibly
due to the experience and education of the involved employees now
in the office, and their inability to grasp double entry. He
certainly feels that the Comptroller's duties are involved enough,
and there is enough there for him to keep busy even with the addi-
tion of a bookkeeper. Mr. Johnson was critical of Mr. Versace's
use of "implementation", noting that the definition means to direct
and begin and show and teach, and does not necessarily mean sitting
and actually doing the bookkeeping. Mr. Versace countered he knew
the definition but not to belabor the question further, concluded
citing a phrase Mr. Jensen had used during the interviews, "could
2 66
you roll your sleeves up and do the work manually" and all the
answers were yes, and, there was never any question concerning
the staff whether they had any knowledge of double entry or not,
it was, could he personally do it, and the answer was yes.
Mr. Versace indicated that at the last Board meeting he had been
appointed Chairman of the proposed Sewer Improvement #3 Committee,
but no one else had been appointed to assist him. Mr. Diehl
commented it would be Mr.'Jensen. Mr. Versace then stated that,
not that he wouldn't like to chair this Committee, but once Tri -
Municipal got under way he and Mr. Jensen would be deeply involved
on that Committee. He would be happy to resign his post on Tri -
Municipal Committee if Mr. Diehl would assign another Board member
to him for Sewer 3, because he didn't feel he and Mr. Jensen could
handle both, time wise. After some lengthy discussion, which re-
volved around Mr. Clausen's suggestion that Messrs. Jensen and
Versace continue on the Tri -Municipal and the Board as a whole,
with two co-chairmen act as a Committee for Sewer Improvement #3,
the ultimate outcome was that Mr. Jensen will continue to chair
the Tri -Municipal Committee. Mr. Versace will continue to serve
on the Tri -Municipal Committee and also serve as Chairman, in
conjunction with the whole Town Board of the new Sewer Improvement
#3 Committee.
Mr. Versace asked that, as his first request asChairman of the
Sewer 3 Committee, the Supervisor's Office contact the three
engineering firms that have expressed an interest in this new
District and set up meetings with them.
Mr. Jensen reported that he had spoken with the EPA last week and
they indicated they are still -working on the Grant application (Tri -
Municipal) and he hopes by the middle of August there will be some
determination.
The following letter was received:
August 2, 1976
Town Board
Town of Wappinger
Town Hall, Mill Street
Wappingers Falls, New York
Re: Lakeside Apartments
Town of Wappingers
Gentlemen:
I have not received a response to my letter dated November 12,
1975. Since all of the .factors on the project remain the same
as stated therein, I have enclosed a copy of that letter and
would greatly appreciate any direction you might give me con-
cerning this parcel of land.
Hoping to hear from you regarding this matter in the very near
future, I remain
Very truly yours,
s/ Michael J. Morris, P.E.
MR. CLAUSEN moved to schedule a meeting with Mr. Morris to discuss
his request,-on.August 26th at 7:00 P.M. at the Town Hall with the
Town Board and Engineer to the Town.
Seconded by Mr. Johnson.
Motion Unanimously Carried
A copy of a memo to Mrs. Anderson, Zoning Administrator, from
William Horton, Highway Superintendent was received. Mr. Horton
had advised Mrs. Anderson that he had reviewed the specifications
for the demolition on the MTS property - Maloney Road that was
bid July 1st and found them to be in order, and the bid price of
$14,400 also in order considering the fact that all major materials
had to be removed from the site. His only recommendation to reduce
the bid price would to be allow on-site disposal of all materials.
Mr. Jensen commented that when this work was done the cost could
be put on the owners tax bill, so, although we are looking for
the best price, it would seem that possibly the Board should go
with the price and not deviate from our own Ordinance and perhaps
consider the bid submitted. Mr. Adams recommended rebidding the
specifications.
MR. CLAUSEN moved to readvertise the bidding according to the
original specifications of Mrs. Anderson.
Seconded by Mr. Johnson.
Motion Unanimously Carried
Mr. Jensen commented that some time ago a request was received
from the Recreation Commission to increase the fee charge for
money in lieu of land. It presently is $100 per lot and it is
proposed to raise it to $300 per lot.
MR. JENSEN moved that the fee be increased to $300 per lot for
cash in lieu of land for Recreation land.
Seconded by Mr. Clausen.
Motion Unanimously Carried
MR. CLAUSEN moved to adjourn the meeting, seconded by Mr. Johnson
and unanimously carried.
The meeting adjourned at 11:12 P.M.
Elaine H. Snowden
Town Clerk
Reg. Mtg. 8/9/76
26
A Public Hearing was held by the Town Board of the Town of
Wappinger on August 9, 1976, at 7:00 P.M. at the Town Hall, Mill
Street, Wappingers Falls, New York on a proposed Local Law Regarding
the Protection, Preservation and Conservation of Freshwater Wet Lands.
Supervisor Diehl opened the Hearing at 7:17 P.M.
Present:
Louis Diehl, Supervisor
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Absent:
Louis Clausen, Councilman
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized by Albert Osten of the
W&SD News. (These Affidavits are attached hereto and made a part
thereof of the minutes of this Hearing).
Mr. Diehl questioned Mr. Hawksley, Chairman of the Conservation
Advisory Council about the acreage - it was recommended to'nhange
it from 12.4 acres to 6 acres and that is what they were having the
hearing on tonight.
Mr. Hawksley stated that the original proposal was for 1 acre; during
legislation it went to 12.4 acres, but for better local control they
compromised at 6 acres. He gave a presentation on the meaning of this
law. There were some changes he wanted to discuss. If we didn't
pass this law by September 1, we would lose local control. He
referred to Page 4, Section 4, Paragraph 2, "Agency", Town of Wappin-
ger; the intent is not the Town, but the Zoning Board of Appeals is
responsible for issuing permits. On Page 8, second line "filed with
the Clerk of the Town of Wappinger (map) should be Dutchess County
Clerk. On Page 22, Section 10, Paragraph 2 (a), "the Agency", he
suggested it should read "Agency or designees. Page 25, Section 14,
Paragraph 1, he suggested striking "if circumstances permit". Also
in that paragraph they set 15 days length of time to respond, he
thought it should be a longer length of time. He hoped these changes
wouldn't need another Public Hearing.
Jim Hollow, Robert Lane, asked if the Town of Wappinger had a
Wetlands Map. He was in favor of the law, he would like to preserve
Green Fly Swamp. Who makes the determination?
Mr. Hawksley answered that the State will have hearings, they will
file the official map and determine the wetlands.
Nancy Hayton questioned if the State establishes their wetlands,
can the Town also establish areas they feel should be included in
this.
There were no more questions or comments.
The Public Hearing closed at 7:30 P.M.
Elaine H. Snowden
Town Clerk
{
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
A PROPOSED LOCAL LAW REGARDING
PROTECTION, PRESERVATION AND
LANDS. OF FRESHWATER WET
LANDS.
STATE OF NEW YORK )
COUNTY OF DUTCHESS)
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
-“(3c
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess and
State of New York.
That on July 29, 1976, your deponent posted a copy of
the attached notice of Public Hearing on a proposed Local
Law Regarding the Protection, Preservation and Conservation
of Freshwater Wet Lands, on the signboard maintained by your
q deponent in her office in the Town Hall of the Town of
it
is
Wappinger, Mill Street, in the Village of Wappingers Falls,
Town of Wappinger, Dutchess County, New York.
Sworn to before me this
day o
976.
q
1A9 aultALIA
Elaine H. Snowden
Town Clerk
Town of Wappinger
ER
Notary Public'' Notary Public, Stare of N w YYark
4519674 Dutchess County
Commission expires March 30, 192".
W. and S.D.
NEWS
DISPLAY ADVERTISING
CLASSIFIED ADVERTISING
t AX 7 — 3724
20 EAST MAIN STREET - WAPPINGERS FALLS
PLEASE TAKE NOTICE that the
Town Board of the Town of Wappinger
will conduct a public hearing to heppar all
matter of itnheerprotod Possed adoption the
Town of Weppinnger ofalocal law
protect
aegarding the ion,
preservation
and and wetonservatIon off
lands within the Town of Wappinger and
establishing a permit system with
-.regard to such regulated activities on
such freshwater wet lands and ad scent
areas on the 9th day of August, 1974, at
!',t aTown Hallff at m7:00 p.m. Eastern
rat
the ;Daylight flMt lcid ce the To Cla_yerk of the Town
ofWappinger during regular business
The said local law defines freehwetsr
Mt lands and In accordance with Article
24 of the Conservation Law, establishes
regulations for the development of such
wet lands end establishes e. permit
system for the regulation of -such
By order of MI- Town ;Board_.of:
Town of Wappinper.
Elaine H`Snowden.
4e.Town Clerk
9
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Beatrice Osten
of the
Town of Wappinger. Dutchess County. New Yak.
being duly swan. says that he is, t.nd tI the several
times hereinafter was.. thecP .+tiAs41": RVt.14 1 Bt
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
....4A� ..week succeuively....48TA .in each week.
commencing on the..7`�.tb...day of... AV
1914' and on the following dates thereafter, namely on
and ending on the.... MO. day of
1976 both days inclusive.
gis.....•
July
Subscribed and sworn to before me
this 2Bth day of,.., July
My commission expires
Notary Public
19 76
ALBERT M. OSTEN
NOTARY PUBLIC, STATE OF NEW YORK
QUALIFIED IN DtITi:;;ES3 COUNTY
COMMISSION EXPIRES MaRr3C [j
H 30, 1871