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1974-06-19 SPMA Special meeting of the Town BoaTd of the,Tonn of,Wappinger was held; on June 19, 1974 at the Town Hall, Mill Street, Wappingers Falle,JTew York. • . , Notice of said meeting was mailed to each Board member or June 14, 1974,, calling the meeting for, 8:00, P,M,..EDST,i June, 1,9, _1974, for the purpose of considering the imposition, charge and rates for ttier,CentralWappinge,r 1074,t9;' PITrOyement Aea, and any other • t - business that may properly come before the Board Supervisor Diehl called the meeting to order at 8:00 P.M. Present: Louis Diehl, Supervisor Stephen aland, Councilman Krapk Versace, Ccuncilman„...0 Elaine H. Snowden, Towp Clerk Absent: • Louis Clausen, Councilman, ; Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town A public, Hearing having -been duly held, on June 19,. l.974Lon a -Local Law Relatlimg Ito the TmposAtion, Charge and Collection, of Water Rates ,f,c4.. ,the ConsuFiption, and Use f wateF. for, .the_ Cenral.. Wappin- ger water Improvement Area, as well as tlaec RenaltieS and Enforce- ment Thereof, 41e. matter. was 1p9W placed. before the Board for, their considration. • The following Local, Law w,as,,offered by SpPEMqS0RDIEHL Who moved its adoption, seconded by Councilman Jensen and upon roll call vote adopted ,4 Ayes, .0 Nays. A LOCAL LAW RELATING TO THE IMPOSITION, ,CHARGE ANpCOLLECTIONOFWATE#RATES,FOR. THE CONSUMPTION AND USE OF WATER FOR THE CENTRAL W'FLPPINGER, WAT IlipAOYEMEITTAREA., AS WELL AS THE PENALTIES AND ENFORCEMENT THEROF. Be it enacted by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 214, A SE T20N 1 IMPOSITIONAND, 60MPUTAtION` OF WATER HATES A.`A17wter rates= are p able`°quarterly' and•}the mihifnum' rate shall be payable even though no water is consumed, so long as the service shall beltoritOWINKILas connected with the dietrict main unless shut off by authority of the district at the curb box oar otherwie. at the-i'r tlijes't of-'the'owier.' tthe minimum 'rate" shall be payable eventhoiigh he water has been shut off when such' discbntin Zanoe'''Yids-`been"Madelby sOmedne not authorized by the district. B. Each..c finer or tenant of real property using or conn:e` ted' to "t ie sa d4iAtefr 's 3stefn ShAll pay'a'f*aer' chart e''at the said rates as set forth below: WATER RATE SCHEDULE f. 1 .70 QUANTITY Each 100 cubic fee or part thereof. The owner or tenant shall be obligated to'pay a minimum charge of $23.00 per quarter regardless of° then coxi u}mption' br' zse of water for said quarter provided only 'that said owner is connected to the system for more than thirty -(30)'' daysvdii'rin said quarter. No minimum charge shall be fixed for connection to the system for less than thirty (30)days during any one quarter. The quarter shall be deemed to be each three month period commencing January lst, April lst, July lst and October 1st of `each year. Such water rates shall be payable within fifteen' (15)'' days after receipt and for non-payment shall be subject to the penalties hereinafter prb'vided':' } ' SECTION 2 PAYMENT AND ENFORCEMENT OF WATER RATES A. All water bills shall' be` due and payable Within. fifteen (15) days of the billing date. After"fifteen (15) days and prior to the= expiration Of 'thirty (36Y44 rfrOrd"the billing 'date', 'a penalty equal to five (5) percent :the amount remaining due shall' be :added- to�lsad' bill.' A e-piatioriOf' thirty (30) days, a penalty equal to ten (10) percent of the amount unpaid shall be'added to that bill. B. Said water charges shall 'constitute'a=. lien' upon the' real properties served by the water system of the district and such lien shall be prior and superior to every other'lien or claim except the lien of an existing tax, assessment, water rate, sewer rent or ` other' lawful` charge' 'imposed by the town. SECTION °3' i1 This Local Law shall take ef'fe`ct‘July 1, 1974 and as provided by the Municipal Home Rule Law. A memo was received 'from Supervisor Diehl regarding standardizing all water rates' in` 'the' `Town; indicating it is his belief the rates should be in the neighborhood of $90 to $100. 'A't present bills are being received for the Central Water Improvement Area with no rate set as yet, and in Oakwood Water District the rate has not been increased since its formation, and expenses now far exceed revenues. If there is a Town wide rate it would be more equitable for all residents living within the District. Mr. Diehl stated it was his feeling that something has to be done with the rates in the Oakwood Knolls water district. The Board has to be realistic and his office is recommending in the area of $90 to $100 and probably the figure using $92 would be a standard figure. He feels the Board should be set so the members of the Board can get with Bill Egan. It was agreed to set a meeting for Friday'. June 28th at 4:00 P.M. The following.letter was received from Sylvia Anderson, Zoning Administrator: MEMO TO: Town of Wappinger Town Board. FROM: Sylvia J. Anderson, Zoning Administrator SUBJECT:' Jack Davis = Soil -Mining Permit DATE: June 17, 1974 Gentlemen: The Court has advised Mr. Davis to come to you for a waiver on the requirement of abutting owner permission for a soil mining permit on his property located at Middlebush Road and Route 9. The reason for this is that apparently this particular owner, Lee Milt Petroleum, and Mr. Davis do not get along and consequently are not predisposed to granting that permission. He has pxesented all other requirements. I am sending along a folder with his papers in it. Elaine H. Snowden has the bond, I believe. (Mr. Jack Davis had applied May 4, 1973 s/ Sylvia J. Anderson Zoning Administrator for a soil mining permit for his property located on Route 9 and Middlebush Rd.). Mr. Lapar indicated that, having examined the map submitted by Mr. Davis, as far as he can see on that property there should be no .danger, he's actually improving -it. MR. DIEHL:moved-that a permit be -granted to Mr. -Jack Davis for soil mining on his property on Route 9 and Middlebush Road,:subject to and in accordance with the map filed with the Town dated Oct. 19, 1972 from the office of Milton Chazen Associates on grading plan for lands of Jack Davis. Seconded by Mr. Jensen. Roll Call Vote: 4 Ayes 0 Nays Mr. Jensen briefly explained the reason for separate resolutions for Phase I and Phase II of the 1001 program - Southern Dutchess 1990 program. The following resolution was offered by COUNCILMAN JENSEN who moved its adoption: WHEREAS, the Town of Wappinger, in order to provide for a planning study contributing to an overall program for its future community development, desires to participate in the Federal - State Comprehensive Planning and Management Assistance Program as authorized by Section 701 of the Housing Act of 1954, as amended, and Article 26 of the New York State Executive Law, and WHEREAS, the New York State Office of Planning Services, under authority of Article 26 of the New York State Executive Law, is the official State planning agency designated to admin- ister Federal and State funds under the provisions of Section 701 of the Housing Act 'of 1954, as amended, now therefore,, be it RESOLVED, that the Town Board of the Town of Wappinger hereby requests the New York State Office of Planning Services to provide planning assistance under authority of Article 26 of the New York State Executive Law, with such financial assistance as may be provided by the United States Department of Housing and Urban Development, under authority of Section 701 .of the Housing Act of 1954, as amended. Such planning assistance is more particularly described in the project application. RESOLVED, that if the aforesaid application is approved and accepted by both the Director of the New York State Office of Planning Services and the Department of Housing and Urban Develop- ment, the Town_of Wappinger shall enter into a formal agreement with.the -New York!S.tate Office of Planning Services to undertake the project described in the approved application and to pay to the State of New York its share of the estimated total cost of the said project, together with such other terms and conditions as may be deemed necessary and appropriate to carry out the said project. RESOLVED, that the Town of Wappinger hereby agrees to have available, in the year the project is to be completed, the sum of $235,00 or so much thereof as may be necessary to contribute a sum not to exceed four and one half per centum (412%) of the total cost of said project, to be paid to the State of New York, on condition that the above-mentioned application is approved , by both the Department of Housing and Urban Development and the+ Director of the New York State Office of Planning Services. RESOLVED, that the Town of Wappinger shall assume the costs of operating and maintaining its own planning board or commission including such services as clerical personnel, office space, equipment, materials, communication and travel, as such costs cannot be charged to the Comprehensive Planning and Management Assistance Program. RESOLVED, that it is understood that current planning services may not be charged to the Comprehensive Planning and Management Assistance Program. RESOLVED, that it is understood that current planning services may not'be charged to the_Comprehensive Planning and Management Assistance Program. RESOLVED, that the Supervisor of the Town of Wappinger be and hereby -is authorized and empowered to execute in the name of the Town of Wappinger all necessary applications, contracts and agreements to implement and carry out the purposes specified in this resolution. Seconded by Mr. Saland Roll Call Vote: 4 Ayes 0 Nays The following resolution was offered by COUNCILMAN JENSEN who moved its adoption: WHEREAS, the Town of Wappinger, in order to provide for a planning study contributing to an overall program -for its future community development, desires to participate in the Federal - State Comprehensive Planning and Management Assistance Program as authorized by Section 701 of the Housing Act of -1954, as amended, and Article 26 of the New York State Executive Law, and, WHEREAS, the New York State Office of Planning Services, under authority of Article 26 of the New York State Executive Law, is the official State planning agency designated to administer Federal and State funds under the provisions of.Section 7ol:of the Housing Act of 1954, as amended, now therefore, be it RESOLVED, that the Town Board of the Town of Wappinger hereby requests .the. New, York State_:Office _of Planning Services . to provide planning assistance under -authority of Article 26 of the New York State Executive Law, with such financial assistance:as may be provided by the United States Department of Housing and Urban Development, under authority of Section 701 of the Housing Act of 1954, as amended. Such planning assistance is more particu- larly described in the project application. RESOLVED, that if the aforesaid application is approved and accepted by both the Director of the New York State Office of Planning Services and the Department of Housing and Urban Develop- ment, the Town.of Wappinger shall enter into a formal agreement with the New York State Office of Planning Services to undertake the ' prsdeer described in the approved application and to , pay. to the State of New York its share of the estimated total cost of the said : project, • together with suchv:other: terms -and _conditions as may be deemed necessary and appropriate to carry out the said project. - r_:. RESOLVED, that the Town of Wappinger hereby agrees to have available,_in the year the project is to be completed, thesum of $1,222.00 or so much thereof as may be necessary to contribute a sum_not_to exceed .four •and -one half per centum (4'%) of the total cost of said project, to be paid to the State of New York, on condition that the above-mentioned application is approved - by both the Department of Housing and Urban Development and the Director of the New York State Office of Planning_ Services.. RESOLVED, that the Town of Wappinger shall assume the costs of operating and maintaining its own planning board or commission including such services .as clerical personnel, office space,.. equipment,'materials,.communication and travel, as such costs cannot be charged to the Comprehensive Planning and Management Assistance Program. RESOLVED, that it is understood that current planning ser- vices may not be charged to the Comprehensive Planning and Manage- ment Assistance Program. RESOLVED, that the Supervisor of the Town of Wappinger be and hereby is authorized and empowered to execute in the name of the Town of Wappinger all necessary applications, contracts and agreements to implement and carry out the purposes specified in this resolution, Seconded by Mr. Saland. Roll Call Vote: 4 Ayes 0 Nays The following letter was received: MEMO TO: Town of Wappinger Town Board FROM: Sylvia J. Anderson, -Zoning Administrator SUBJECT: Part -Time Employee for Zoning Office DATE: June 18, 1974 Gentlemen: I would like to propose Mrs. EvalyniDonnelly for the position of part-time clerk. She will report to me only and take the burden of my work off of Mrs. Hirsch. Hopefully this will make it easier for Mrs. Hirsch.to cope with the ever mounting number of building permits. This, in turn, will render the operations of this office that much more efficient. The -salary proposed for Mrs. Donnelly would be $2.50 an hour. I would appreciate an answer as soon as possible. s/ Sylvia J. Anderson Mr. Diehl stated that Mrs. Anderson had discussed the possibility of hiring a part-time clerk that she had interviewed several people for this position and Mrs. Donnelly had appeared best qual- ified since she could take shorthand and would be able to fill in in emergencies if the Secretary to the Zoning and Planning Boards were sick. He further -indicated that this would be a part --"time clerk under only the Zoning Administrator. He wasn't sure if the matter warranted Bdard approval -or not, hence he suggested the matter -before the Board. Mr. Rappleyea took the position that the Town Board should appoint employees where they would be employed by Department heads just as they appoint the"Department'heads them- selves. MR. JENSEN moved that Mrs. Evelyn Donnelly be appointed as a part- time Clerk for the Zoning Administrator on the recommendation of Mrs. Anderson, and further, that she be paid $2.50 per hour. Seconded by Mr. Diehl. Roll Call Vote: 4 Ayes 0 Nays Mr. Diehl reported that he was still pursuing the Civil Service exams, and has asked"the Town of Poughkeepsie for copies of their fob descriptions' so he' would have something to go by. Mr. Rappleyea stated that he had been advised by Mr. Hankin that the development known as Spook Hill Estates has been sold to Schoonmaker Homes, Inc. and that they would like to replace the bond that is filed with the Town with a bond of Schoonmaker Homes Inc. in the sum of $100,000.00. He recommended the Board to grant their request to replace the existing bond (of Hankins) on Spook Hill Estates with the one performing. MR. JENSEN moved to grant the request of Mr. Hankin to release Bond #912354 issued by Republic Ins. Co. filed for Spook Hill Estates in exchange for a like bond, in the sum of $100,000.00 from Schoonmaker-Homes the -, = suzbjeet to the same- conditions stip- ulated by the original Town of Wappinger Town Board and Planning Board approvals and Town of Wappinger Highway Specifications; and further' authorize the Towr3 Clerk to- deliver -the original Bond (#912354 issued for Pre -fab City Inc•. -and Sam and Robert Hankin Co:" Principals) for Spook Hill Estates to the owner, and replace it with the bond that.Schoonmaker Homes Inc. has offered, being Bond #62-45-42, to guarantee completion of the development -known as Spook Hill Estates. in accordance with the Town Board and Planning Board requirements, and the Town Highway Specifications. Seconded.by,Mr. Saland., Roll Call Vote: 4:Ayes 0 Nays Mr. Diehl read the following letter: June 12, 1974 Town Board Town Hall Mill Street Wappingers Falls, New York Re: Rockingham Farms Drainage Problem Gentlemen: I have reviewed again with Mr. Lapar the drainage situation of Rockingham Farms. There are a few areas that would appear not to be in' -accord with the original plan. It would appear, however, that correcting these minor problems would not have a serious impact upon the over-all problem that would be caused in a heavy storm. I do, however, recommend that we request the developer to do the _following: 1. .Correct -;the minor drainage problems,.that would .appea ' to be in conflict with the original plan. 2. Complete the recreation area as promptly as possible. 3. Complete and dedicate to the Town the roads. I await your instruction with regard to giving this direction to the developer. Very truly yours, s/ Allan Rappleyea It has been Mr. Diehl `s feeling and intent- that it is long past the time that we sho�Zld finish off Rockingham., Mr. Rappleyea be- lieves the question was raised, whether or not the developer is awaiting some further word from the Town as to what to do about the drainage. Mr. Jensen raised some questions on the Recreation Area, there apparent neglect on moving forward or fulfilling the obliga- tions in this quarter,. Mr. -Diehl believed that when the Attorney 222., gets_this kind of instruction from the Board, he can say to them, the Town is ready to accept when you are ready to deliver, for example, -if they feel that when they get that recreation area ready it's going to be approved by the Engineer and the Commission, up to now, we don't believe them or they don't believe us, it's sort of a stalemate. He thinks the thing to say is, we expect so much and when that is done they have performed to the Town Specifi- cations. Mr. Rappleyea indicated that, if the Board so directed him, he would simply write them a letter saying that the Town Board has directed him to advise them to complete the Recreation Area as they said they would as promptly as possible; to complete the drainage work that they said they would do; to correct the differences that exist in the original filed plan and drainage plan, and any additional work they intend to do; and, if they are prepared to, if the roads are up to Town standards offer them for dedication. MR. JENSEN moved to take the recommendation of the Attorney to the Town to draft a letter to the developer in question (Schoonmaker) and to stress the three points in his letter, of June 12, 1974, the Town Boardreserving the right for additional action. Seconded by Mr. Diehl. Roll Call Vote: 4_Ayes 0 Nays Mr. Jensen reported that he was actively seeking some quotes for professional cleaning services for the Town Offices and Town Hall Building. Hopefully some quotes will be received for the next regular Board meeting. The following letter was received: June 17, 1974 Town of Wappinger Town Clerk's Office Mill St. Wappingers Falls, N.Y. I request a hearing on the subdivision of the property Mr. N. Scofield owns on All Angels Hill Road, Town of Wappingers. There is some confusion between Mr. Lapar, Mr. Horton, and Mr. Scofield :as to what map #3926 depicts. The minutes of the Town Board, meeting held April 8, 1974 testify to that fact. 1. takea. firm stand on the two following exceptions; 1. The directing affluents from the road and property acrossmy property.. 2. The directing affluents from the property and road into the pond abutting my property. The owner of that property, Mr. Perkins, and I have.a flooding problem to resolve. The additional water directed into the pond will compound the problem as will the, addition of the Town of Wappinger as a correspondent if litigation is necessary. Please advise meof the.. dateyou will -add this request: to your calendar. Yours truly, s/ R. William Vrooman MR. SALAND moved that this matter be referred to the Attorney to the Town who, in conjunction with the Engineer to the Town and Highway Superintendant, investigate and report back to the Board. Seconded by Mr. Jensen. Roll Call Vote: 4 Ayes 0 Nays Mr. Rappleyea reported on the progress of the closing for Mid- • Point Park Sewer and Revere Ridge and Water systems. Mr. Jensen voiced some concern over the operation of sewer plant, had there been any further evidence that Mr. Trautmanis would abandon the plant since there has been a hold-up in negotiations. Mr. Rapple- yea indicated there was no problems in this respect, as he and Mr. Trautmanis were working together on the transaction and Mr. Trautmanis would continue to operate it. Mr. Jensen commented that it would be within reason, while the Town was waiting for the negotiations to be completed, possible contact Camo Pollution or some other company, and ask them some cost estimates on the opera- tion and maintenance of the plants, with them doing all the work on those plants, as they are doing presently. Hopefully by next meeting he can have available some cost figures from CIC or Camo doing the whole job - not using any Town personnel. Mr. Rappleyea also commented that he did not See too much of a risk, . if the 1 Board was in agreement, to direct the Engineer to prepare and perhaps advertise for making the improvements to the Mid -Point Sewer Plant. MR. JENSEN moved that the Engineer to the Town be instructed to advertise for the capital improvements to be done to the Mid- Point Sewer District, less the TV'ing of the lines, but includ- ing all other recommendations of the Engineers for this contract, it is further understood that if the District is not approved by P.S.C., et al, that the bids would be rejected without prejudice. Seconded by Mr. Saland. Motion Unanimously Carried MR. SALAND moved the meeting be adjourned, seconded by Mr. Jensen and unanimously carried. The meeting adjourned at 9:02 P.M. Spl. Mtg. 6/19/74 bL L 7,&5_410cle� . Elaine H. Snowden Town Clerk 2.2 4 4. A Public Hearing was held by the Town Board of the Town of Wappinger on Wednesday, June 19, 1974, at Town Hall, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York on a proposed Local Law Relating to the Imposition, Charge and Collection of Water Rites for Central Wappinger Water Improvement Area. Supervisor Diehl opened the Hearing at 7:40 P.M. Present: Louis Diehl, Supervisor Louie Clausen, Councilman Leif Jensen, Councilman Stephen Saland, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town The Town Clerk offered for the record the Affidavit 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). The Local Law was read and it was noted the effective date would be July 1, 1974. No one spoke. The Hearing closed at 7:50 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER QF A LOCAL LAW RELATING TO THE IMPOSITION, 'CICHARGE AND COLLECTION OF WATER RATES FOR l' THF. CONSUMPTION AND USE OF WATER_ FOR CENTRAL WAPPINGER WATER IMPROVEMENT AREA. INSTATE OF NEW YORK ) ) ss: (I COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEW, being duly -sworn, deposes ar4d says 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 June 5th,. 1974, your deponent posted a copy of the attached notice of time, place and date of Public Hearing on a proposed Local Law relating to the Imposition, Charge it , and Collection of Water Rates for the Consumption and use of Water for the Central Wappinger Water Improvement Area in the Town of Wappinger, on the signboard maintained by your depo- nent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. !l Sworn to before me this //9 day of Notary Public ELEA'.;^Z J. CROSHIER State of New Ye* 4519574 Dutchess County Commission expires March 30, 19.1 1974. Elaine H. Snowden Town Clerk W. and S. D. NEWS DISPLAY ADVERTISING •- CLASSIFIED ADVERTISING 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 at the Town Hall, Mill Street, Wappingers Falls, New York On Wednesday, June 19 1974 at 7:30 P.M. EDST,.to hear • all persons concerning a ,Local Law Relating to the Imposition,. Charge and Collection of Water Rates for the Con- sumption and use of Water for the Central Wappinger Water Improvement Area as well as the Penalties and En. forcement Thereof. - Elaine H. Snowde: Own Cler _- Dated: May 3L 1974 Wappingers Falls, NY 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 sworn, says that he is. end . the several times hereinafter was, the R' : ;r e ; ;s Ls.bcg 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 ... =Ct... week succeuively.... PACO. in each week. commencing on the....641..day of June 1975. and on the following dates thereafter, namely on and ending on the 6th . day of.... June. 1975. both days inclusive. • Subscribed and sworn to before me this. day of June. 19..15 - MIy Public My commission expires ALBERT M...OSTEN NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN DUTCHESS COUNTY *14-8240760 COMMISSION EXPIRES MARCH 39, 19;16