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1971-12-13 RGMAGENDA - TOWN BOARD DECEMBER 13, 1971 1. Supervisor Call Meeting to Order 2. Roll Call 3. Accept minutes 4. REPORTS OF OFFICERS Town Justices Bills: Gen. Fund: Oakwood WD Oakwood SD RFSD / Reg. Meetings: Aug. 9, Sept. 13, Oct. 12, Nov. 8 1971 Special Meetings: Aug. 16 & 30, Sept. 15 & 30 Oct. 5 & 25, Nov. 3 & 15, 1971 $.PETITIONS & COMMUNICATIONS Building Insp. Supervisor Town Clerk re: Audit & Control Wapp. Sewer Zip. Highway: Fltwd WD Fltwd SD a. R. E. Lapar: Map, Plan & report, Town Wide Water Improvement Area b. Mrs. Robert West re: School Crossing sign, Kent Rd. c. Resignation of R.• Jacobson from Zoning Board of Appeals d. V. Kelley re: 1. RFDS Infiltration and, 2. Plant Repairs e. Request from Recreation Comm. to pay bonus to Beautification Program youths f. Dutchess County Dept. Health re: Fleetwood Water Polution control Facility g. Mr. Bisoms recommendation for Board of Assessment Review h. N.Y.S ) Office of Planning Coordination re: memorandum of Understanding re Planning & Development of a Single Wappinger Basin System. i. F. J. Lafko re: Wappinger Sewer Improvement 01 & L & A Filtration Corp. j. M. Cornell re: Wappinger Sewer Improvement 81 k. L. Eck re Water and Sewer L V. Dangler requests return ofRoad Bond (Rd. Opening Permit) 6. REPORTS OF COMMITTEES Street lighting change order (Gen. Town) 7. RESOLUTIONS 1. Board of Assessment Review 2. Atlas Water Expansion 3. Town Wide Water Improvement Area 8. UNFINISHED BUSINESS • a. S. Pike' re:'Klein & Alexander soil mining application • b. Shapiro Salvage Yame License application 1, ! i ' 1 9. NEW BUSINESS ' 10. ADJOURNMENT 1 .1 1 .1 1 1 , ;, � ,. � � : � '1 •. The Regular Monthly Meeting of the Town Board of the Town of Wappinger was held on December 13, 1971, at the Town Hall, Mill Street, Wappingers Falls, N.Y. Supervisor Diehl called the meetting.,to ,orde1 at 8:10:,P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan,- Councilman Harry Holt, Councilman James Mills,iJr.. Councilman Elaine H. Snowden, Town Clerk Others Present: William Horton, Superintendent of Highways Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town Minutes of the Regular Meetings of August 9, 1971, September 13, 1971, October 12, 1971, November 8, 1971 and Special Meetings of August 16, 1971,. August, 304 ' 1971,., September 15, .1971, September 30, 1971, October 5, 1971, October 25, 1971, November 3; 1971 and November:15, 19:71• having been previously:sent'to-the Town Board members, were now -placed before. them for•their approva1.> MR. HOLT moved the minutes of the Regular Meetingsof August -9, 1971, September 13, 1971, October 12, 1971, November 8, 1971 and Special Meetings of.August'l6.,1 1:,971; August 30, 1971, September 15, 1971, and September 30, 1971, October 5, 19714):October 25, 1971, November 3, 197. and November 15, 1971,as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr.„Milis.• Motion Unanimously Carried Reports for the'month of November were received from the Supervisor, Building Inspector and Town Justices and the following report was received from the Town Clerk. December.1, 1971 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen: This is to advise you that I have received for filing, December 1, 1971, a copy of the Order of the State Comptroller, granting the application of the Town Board of the Town of Wappinger for permission to provide a sewer improvement, to be known as Wappinger Sewer Improvement No. 1, in said Town. Pursuant to provisions of law, I have filed today a certified copy of the Resolution of the Town Board establishing said improve- ment area in the Dutchess County Clerk's Office. Yours truly, •s/ Elaine H. Snowden Town Clerk (Copy of said Order of the State Comptroller is attached hereto and made part hereof of the minutes of this meeting.) ecisyaM MR. FINNAN moved the reports be accepted and placed on file. Seconded by Mr. Clausen;: Motion Unanimously Carried The Town Clerk notified the Boatd that she had been served with an Article 78 proceeding on De6ember•13, 1971, Cornell & L&A Filtration Corp. vs..Tbwn of Wappinger in the matter. of Wappinger Sewer Improvement Area #1. MR. FINNAN moved that this be turned over to Allan E. Rappleyea, Attorney, to answer and defend on behalf of the Town of Wappinger. Seconded by Mr. Clausen. Motion Unanimously Carried Bills received for payment were as follows: General Fund: $75,670.37 OKWD: $415.14 FLTWD: $410.73 Highway Fund: 13,004.71 OKSD: 751.96 FLTSD: 2,045.46 RFSD: 704.94 MR. MILLS moved the bills be paid, subject to. audit., Seconded'by Mr. Finnan. Motion Unanimously Carried Several communications had been received from Mrs. Robert L. West regarding a request for a School Crossing sign to be erected on Kent Road at the intersection of Fenmore Drive. Mr. Horton stated that this legally can't, be signed because it is not a school cross- ing, it's only 1 mile from the back entrance to -the school (Myers Corners Elementary) and transportation is provided. Mr. Diehl commented, right or wrong, the children are crossing the road and W"_L'+AM P. HORTON SUPER ITENDENT OP HIGHWAYS T O V\• N H I G h k D E P, I WAPPIN..ER •ALLS, ,. 4 WhaL DRIVE PICKUP Bid price mCCAL ..„ RS W $4415.00 $•693.70 The Highway Superintendent recommends the bid be awarded to Parsons since McCallum does not meet all the specifications. 1/2 TON PICKUP MCCA LLUM PARSONS Bid price $2955.75 $3195.25 Trade-in 605.75 850.25 Total 2350.00 2345.00 The Highway Superintendent recommends the bid be awarded to Parsons since he is the low ,bidder. L L 323 and if something did happen it would be unfortunate, he would rather put up some sort of a sign and have the State come in and say take it down. Mr. Horton retorted that if he were to put up an illegal sign, and something did happen, the Town can be held liable. MR. FINNAN moved that this matter be referred to Mr. Rappleyea for a legal opinion. Seconded by: Mr. Holt. Motion Unanimously Carried Mr. Diehl directed the Town Clerk to write Mrs...West telling her of the avenues being explored by the Attorney to the Town. Mrs. Snowden informed the Board that she had received the resig- nation of Richard Jacobson as a member of the Zoning Board of Appeals. MR. CLAUSEN moved that Mr. Jacobson's resignation be accepted with regret, and a letter be addressed expressing the Boards thanks for his service to the Town. Seconded by: Mr. Finnan. Motion Unanimously Carried Two letters were received from Vincent !C. Kelley, Engineer to the Rockingham Farms Sewer District, one with regard to the infiltration ,problem in the sewer lines, the second with regard to plant repair and summary of improvements with estimated cost. Mr. Diehl commented that the Board needs help from the Attorney on these problems. MR. DIEHL moved that an executive meeting with Mr. Quinn be scheduled for December 20th at 7:30 P.M. Included also should be Mr. Kelley and Mr. Gutmann. Seconded by: Mr. Mills. Motion Unanimously Carried A letter was received from the Recreation Commission requesting a bonus of $.60 an hour be given the youths who worked on the Summer Beautification Program., 324 MR. HOLT moved to honor the request of the Recreation Commission for a bonus for the youths who worked on the Beautification Program, subject to confirmation that funds are available in the budget. Seconded by Mr. Clausen. Motion Unanimously Carried The following letter was received: November 22, 1971 Town Board Town of Wappinger Wappingers Falls, N.Y. Attn: Mr. Louis Diehl Re: Fleetwood Manor Water Pollution Control Facility Gentlemen: Inspection of the tertiary oxidation pond at the above referenced facility by this Department has indicated that the condition of that particular component of the treatment plant is very poor. This, as well as other deficiencies at the plant, have already been discussed in our recent meeting; however, we feel that the condition of the pond warrants further investigation at the present time. Specifically, a survey should be made as soon as possible to determine the extent of sludge deposits and the effective remaining volume of the pond. In addition, some sort of temporary baffle arrangement should be installed at the outlet of the pond, to prevent floating material from entering the receiving waters. This is particularly impor- tant, and should be done as soon as possible. We would appreciate your prompt cooperation in this matter. If there are any questions, please contact me at 485-9817. Very truly yours, s/ Jerry A. Nathanson, Senior Public Health Engineer MR. CLAUSEN moved that the Engineer and Attorney to the District be directed to comply with the directive from the Dutchess County Department of Health, subject to the monies available. Seconded by Mr. Mills. Motion Unanimously Carried A letter was received from Arthur Bisom submitting the name of Vincent G. Brancato for an appointment as a member of the Board of Tax review. Included was a summary of Mr. Brancato's qualifica- tions. 325 MR. HOLT moved Mr. Bisom's letter of recommendation be received and placed on file. Seconded by.Mr. Mills. Motion Unanimously Carried A letter was received from Mr. Edwin Friedman, Assistant Director of the Office of Planning Services, with an attached memorandum on the results of a meeting on October 19, 1971 regarding the development of sewerage facilities on an area -wide basis. MR. DIEHL moved that Mr. Friedman's letter and memorandum be received and placed on file. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Lafko had requested to speak before the Board on Wappinger Sewer Improvement #1, and L&A Filtration Corp. He first stated that the papers served today took care of part of what he had wanted to speak to the Board on, he then asked if the Board had finally resoluted that Mr. Lapar'and Mr. Rappleyea are the engineer and attorney to the district known as Wappingers Improvement Area #1. Is there a formal Resolution on file? Mr. Diehl answered that the Board had instructed them to prepare the necessary plans and reports. Mr. Lafko contended there were no resolutions on file for the appointments of an attorney or engineer to the district known as Wappinter Improvement Area #1. Mr. Diehl instructed the Town Clerk, for the next meeting, to check the record concerning this. , Malcolm Cornell had requested to speak before the Board regarding the North. Wappingers Sewer Improvement #1. Mr. Cornell said he was amazed at the_lack ofconcernof the method the contract eng- ineer to the Town is forcing the Wappingers Sewer Improvement Area #1 down the throats of the residents of the Town. He implied that Mr. Lapar was using Paul Rosen, J.P. Rolison and Tom Logan to force the Health Department to accept what he called two fraudulent feasibility reports, that these two reports fraudulently used 352 X26 I. customers of the Wildwood Forest Sewer District to'bring down the cost of the Wappinger Sewer Improvement #1 along -,with other items too numerous to mention. He urged the Board to stop -'Mr. Lapar's plan and propose a resolution to the effect that the Wildwood Forest Sewer District will not be brought into the Wappinger Sewer Improvement Area #1. Mr. Eck had asked to speak before the Board regarding water and sewer. He_said Mr. Cornell is just making a grandstand play, he doesn't see him down here with the taxpayers he keeps talking about. He can't understand where Cornell comes in with an Article 78, he can see L&A but not Cornell, what's his ulteria motive? Is he trying to slow the Town down? He made the statement that when the case goes to court Malcolm Cornell only represents himself, not the taxpayers, the taxpayers voted, at various public hearings, in favor of the Wappinger Sewer Improvement Area #1, not in favor of the so- called engineer that he (Cornell) says that he hired. Why is L&A serving an Article 78ron a sewer district -that has nothing to do with L&A. These -two -characters are just trying to throw monkey wrenches in the works to slow the Town down. In his conclusion - he said that when the Town Attorney goes to court on these papers, he wants to be a witness for the Town. Tn reference to -water, Mr. Eck thinks that the Board should publicize Mr. Lapar's report, get strong action behind it, and -get this thing rolling. Mr. Cortellino said, since there are three separate organizations taking care of Wildwood, (water) he suggested that Mr. Rappleyea write the Attorney General asking him to coordinate and effort to examine the books and find out what is a legitimate price, what has transpired-, and find out what is a fair share. Consumer' protection so to speak. Supervisor Diehl called for a recess at 9:08 P.M. Supervisor Diehl called the meeting back to order at 9:13 P.M., - All Board members- present. '7 A letter was received_from Mr. Vincent Dangler requesting. the return of a $100.00 cash road opening bond. The Superintendent of Highways recommended the_$100.00 cash security bond be returned in full to Mr. Dangler. MR. FINNAN, based upon the recommendation of the Highway Superin- tendent, moved that the $100.00 cash security bond be returned in full to Mr. Dangler. Seconded by Mr. Holt. Motion Unanimously. Carried The following late correspondence was received: June 11, 1971 Re: William'Lisofsky Town Board Town of Wappinger _ Dutchess County, N.Y. Gentlemen: In accordance with_my discussion with Allan Rappleyea, your Town Attorney, I am enclosing herewith.a-:map showing proposed development of property owned by William Lisofsky and the location in the Town. I am also enclosing a proposed list of standards for Town Houses. These standards have been adopted by manytowns in the .area. Mr. Lisofsky . is going to present his ..plans to the:Town ,Planning Board but we feel that the Town should adopt some standards for this type of development. We would appreciate your consid- ering this at the next meeting of the Town Board. Very truly yours, Rider, Weiner & Loeb December 13, 1971 Re: Lisofsky Property Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen:, I am enclosing herewith Petition for re -zoning of a parcel -of prop erty owned by William Lisofksy, a client of mine, together with a map showing a proposed use of the, prdperty.for multiple residences. I would appreciate it very much if you would process our request for re -zoning of this parcel. If _you require -any _additional information, please advise me. .. r Thank you very much for your cooperation. Very truly yours, s/ Elliott M. Weimer 827 MR. FINNAN moved the petition on behalf of Mr. Lisofsky be for- warded to the Planning Board. Seconded by Mr. -Holt. Motion Unanimously Carried The following letter was received: To: Wappingers Town Board East Main Street Wappingers Falls, New York From: Charles J. Wilson 29 Kretch Circle Wappingers Falls, New York Gentlemen: Request that the Town Board give permission to the Dutchess County Highway Department to connect the drain pipe off Osborne Hill Road, draining the property of the Nick Bennies Apartments, the green fly swamp and all the property that side of Osborne Hill to include Osborne Hill. This is an open pipe draining L onto the property of Jerrys Restaurant, down the -hill onto my property. Whenever there is rain this floods my cellar. In September 1971 during the storm Doria I suffered a heart attack trying.to keeprthe:water out of my cellar. There was four foot of water in my back yard and it put out -my furnace, clothes drier and ruined -my freezer. My cellar was under two foot=ofJwater and the damage to my family room was bad. I have been trying to get the county -to do something about it through Mr. Linge and finally they stated that if they can get permission to hook into the town lines they will do it. I welcome any or all members of the town board to my house to see this problem. - The town engineer was there and saw this problem. s/ Charles J. Wilson Mr. Lapar commented that the Town storm sewers in that area, put in by Gallo, could not possibly handle the water coming off Osborne Hill Road. There are two choices, one to connect into the systems, but it would come right up the catch basin again, the other -i ' to increase the size of the culverts in that area, and bring it down to the more recently installed storm sewer system, but that is quite costly. The problem was created by the county, not the town, at this point it is impossible to cooperate with the county, because it will only create more problems. - MR. DIEHL moved Mr. Wilson's request be turned over to Mr. Rappleyea and Mr. Lapar for their recommendations and cost estimate. Seconded by Mr. Clausen. Motion Unanimously Carried 9 A letter was received from Thomas -A. Batira regarding the request for Town Board action in the Mendell's establishment of a dog kennel on Daisy Lane, and more specifically the "illegal structure" on the Mendell property. Mr. Batira indicated that the residents of Daisy Lane would like 1. what date we can expect it removed (illegal structure) 2. what punitive action the Town will take against the Mendell's for each day it continues to remain beyond the date specified for its removal. Mr. Diehl stated that he had spoken to Miss Pike this day, and that she has advised him that there is no change, and there is no violation under Town Laws, Diehl recommended the Town and there is nothing she Clerk receive the letter can do. Mr. and write back that Miss Pike's report states there is no Town Laws being violated. Mr. Holt made note of the 2nd paragraph in Mr. Batira's letter "we also advised'that a huge shack currently belonging to Mr. Mendell was illegally constructed on=his property line it would appear that they had reference to a tree house type of structure, neatly -constructed, painted, and it was there when Mendell bought the property. A letter was received from George M. DeGiacomo regarding the turning over of the water lines of Angelbrook to Schoonmaker. Nothing has been done to date. MR. DIEHL moved that Mr. DeGiacomo's letter be referred to Mr. Rappleyea for his study -and to advise the Board what action it could take, also a letter to Mr. DeGiacomo of the action taken. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Rappleyea reported that with respect to the roads in Dutchess Heights, he is attempting to work out a plan to have the roads completed. A meeting was held a few weeks ago with Mr. Horton, Mr. Lapar, and a representative of Spoor -Lashes and• their -council, to discuss a possible solution to the problem. It's improbable that anything can be done now, however, until Spring: - L 330 The following letter was received: Michel Drive ' Wappingers Falls New York -12590 December 6, 1971 Mr. Louis D. Diehl Supervisor Town of.Wapptnger Wappingers Falls, N.Y. Dear Mr. Diehl Subject: Drainage catch basin changes I would like to express our appreciation to you and your staff for the response in correcting the drainage situation on Michael Drive adjacent to and across our driveway. In correcting this a dangerous situation has been eliminated, and the entrance to our driveway has been materially improved. Again many thanks for your attention and assistance in this matter. Sincerely yours, s/ Thomas J. Leach The Town -;Clerk informed the Board that R.E..Lapar had filed a map, planand report on a Town Wide Water Improvement Area with her on November 15, 1971, and copies had also been placed before the Board. MR. DIEHL moved that Mr. Lapar's report be received and placed on file. - Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Clausen, reporting on a, meeting with Mr. Crans,-of Central Hudson, regarding a street .lighting request for lighting along Route 9D (outside both Hughsonvills and Chelsea light_ districts) down toward Chelsea Road from the area of the entrance in Chelsea Ridge Apartments. MR. CLAUSEN- moved that the- Supervisor be, authorized to- sign the Street Lighting Authority Order #9527, authorizing CentralHudson Gas & Electric Corp. to make the specified changes to the street lighting service for the General Town Charge Lighting. Seconded by Mr. Finnan. Motion Unanimously Carried /I L L Mr. Clausen, recalling the letter received from Dr. Scardaparini regarding the installation of a traffic light at the intersection of All Angels Hill Road and Old Hopewell Road, reported that he had spoken to Mr. Petrovits, who had confirmed their discussion in writing, that since the county does not erect traffic lights, permission will be given to the Town should they wish to erect one. It was also suggested that the_Board pass the required resolution and submit to him and the State for approval. MR. CLAUSEN moved that the Town of Wappinger erect, at the Town's expense, a traffic light at the intersection of All Angels Hill Road and Old Hopewell Road; that the Commissioner of the Dutchess County Department of Public Works be requested to erect a "Traffic Signal Ahead" sign, at the top of the hill on the south side of Old Hopewell Road west of the intersection, when the light is installed and permission be granted to solicit -for bids when permission is granted from the Commissioner of Public Works. Seconded by Mr.. Finnan. Motion Unanimously Carried Mr. Horton also stressed the necessity for contracting for the maintenance of these traffic lights. Mr. Holt reported that on the 19th and 20th of November he attended meetings of the Council of Environmental Advisors in Tarrytown. This bringing together business leaders, representatives of environ- mental groups, and governmental officials throughout the State to explore new methods of cooperation on environmental problems. MR. DIEHL moved that a meeting be called for the final audit of accounts on December 29t h at 5:00 P.M. in the Town Hall, Mill Street, Wappingers Falls, New York. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Rappleyea reported that a decision had been handed down on Investors Collateral vs. Town of Wappinger (rezoning). The Court X31 832 upheld the Town,_at least in the preliminary stage, to say that - the zoning there was not unconstitutional. A Resolution for appointment of a Board of Assessment Review was placed before the Board. Supervisor Diehl called a recess at 10:00 P.M. Supervisor Diehl called the meeting back to order at 10:08 P.M., all Board members were present. RESOLUTION APPOINTING MEMBERS TO THE BOARD OF ASSESSMENT REVIEW The following resolution was introduced by COUNCILMAN MILLS who moved its adoption: WHEREAS the Town of Wappinger has elected to adopt the single assessor procedure, NOW THEREFORE,'BE IT RESOLVED That the following members are hereby appointed to the Board of Assessment Review with terms ending on the dates set following their name: 1. Knud Clausen 2. Vincent Brancato 3. Louis Eck 4. Regis Fields 5. Joseph Ludewig Seconded by: Mr. Holt Roll Call 'r Vo to : Supervisor Diehl ,Councilman Clausen Councilman Finnan Councilman Holt Councilman Mills Carried December 13, 1971 Aye Aye Aye Aye Aye Term ending -September 30th, 1972 Term ending September 30th, 1973 Term ending September 30th, 1974 Term ending September 30th, 1975 Term ending September 30th, 1976 Mr. Diehl brought up the vacancy on the Planning Board created by the resignation of Mr. Schuele. Mr. Mills reminded Mr. Diehl that this term expires January 7, 1972. MR. DIEHL moved that Howard Verb, whom the Planning Board had recommended, be appointed to the Planning Board to fill the unex- pired term of Mr. Schuele. Seconded by Mr. Clausen. Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Ave Councilman Finnan Councilman Holt Councilman Mills Motion Failed Abstain Nay Nay 833 • The Town Clerk informed the Board that a decision had been received from the Department of Environmental Conservation upon the water supply application of #6017, of Atlas Waterworks Company dated November 30, 1971. The decision, Mr. Rappleyea added, was the basis for the following resolution, conditioned to the decision itself, and the public hearing that was held by both the Town Board, and the Department of Environmental Conservation. There was a statement in the findings of fact by the Referee which should be of some concern to the Town. The finding is that of Paragraph 10 of the decision, and in view of this finding he thought itmight be in order that the Town Board urge the County Department of Health and the Department of Environmental Conservation to make a further investigation to require adequate storage facilities, and putting into service of additional wells, that's as far as the existing , situation, any increase of service area would only add to an already poor situation. Mr. Lafko suggested that before the Board take the advice of Mr. Rappleyea, there may be some changes, since the Engineer for Atlas was in attendance with Environmental Conservation today. What Mr. Rappleyea is saying is admittedly an error today, but he wants to expedite an error, pointing;out it is his (Lafkos) responsibility and that some of the errors were corrected today. MR. DIEHL moved that the decision of the Department Environmental Conservation regarding Atlas Water Company be forwarded to the Dutchess County Department of Health for their study and recommend- ation. Seconded by Mr. Holt. Motion Unanimously Carried RESOLUTION CONCERNING THE APPLICATION - OF ATLAS WATERWORKS COMPANY PURSUANT TO LOCAL LAW #2 OF 1967 The following Resolution was introduced by COUNCILMAN MILLS who moved its adoption. 4 WHEREAS Atlas Waterworks Company by petition to the Town Board requested the consent of the Town Board of the Town of Wappinger to grant -its consent to the extension of theL facilities of the Atlas Waterworks Company, and WHEREAS said petition was referred to the Engineer to the Town, Rudolph E. LaPar, and he.thereafter,filed a_written report concerning said petition, and WHEREAS the Town Board conducted a public hearing upon said petition, and WHEREAS the applicant, Atlas Waterworks Company, simul- taneously made application to the Department of Environmental Conservation for its consent to expand the supply of water and territory, and WHEREAS by written decision dated November 30th, 1971, a copy of which is hereto annexed, the application of Atlas Mater - works Company was denied, and WHEREAS the decision of the Department of Environmental Conservation concluded that the Atlas Waterworks Company's pre- sently approved well and storage facilities posed a constant threat of loss.of water service to its present customers, NOW THEREFORE, BE IT RESOLVED: 1. The Town Board of the Town of Wappinger hereby adopts as part of its findings the decision of the Deparment.. of Environmental Conservation upon the Water Supply Application No. 6017, dated November 30th, 1971. 2. That the petition and the evidence presented at the public hearing upon the petition by Atlas Waterworks Company for the Town Board's consent to extend its service area indicate that the applicant is asking permission to serve an area of over 2,000 acres of which area is far in excess of the applicant's ability to serve. 3. That the plans as presented+to ,the Town Board are insufficient in that they fail to show what type of service is to be provided for_customers other than along the main trunk line. 4. That per all the proceedings heretofore held, the petition of the Atlas Waterworks Company is hereby denied. Seconded by: Councilman Holt Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Aye Councilman Finnan Aye Councilman Holt Aye Councilman Mills Aye Carried: Dec. 13, 1971 Mr. Lafko took exception to the resolution, saying that he had requested when the application was submitted, that the Town Engineer was in conflict both with private enterprise and what -not in render- ing the report. He contends Mr. Lapar has rendered this report i erroneously, that the Town, rejecting through the Transportation Corp. is going on an error that he pointed out. RESOLUTION AUTHORIZING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS FOR WAPPINGER SEWER IMPROVEMENT #1 The following Resolution was introduced by COUNCILMAN MILLS who moved its adoption. - WHEREAS the Town of Wappinger has previously authbrized the formation of Wappinger Sewer Improvement #1, and WHEREAS application was made for the approval of said improvement area to the New York State Comptroller, and WHEREAS the New York State Comptroller -approved of said application on November 30th, 1971. NOW THEREFORE, BE IT RESOLVED: 1. That the Engineer to the Improvement Area, Rudolph E. LaPar, is hereby authorized and directed to prepare detailed plans and specifications for the improvement in accord- ance with the map, plan, and report originally prepared by him for said Improvement Area. - 2. That Allan E. Rappleyea, Attorney ta ' said Improvement Area is authorized and directed to prepare appropriate applica- tions for any State and Federal Aid which may be available and to prepare the necessary contracts, easements, rights -of way, and other appropriate material for -the bidding and construction of said sewer improvements. 3. That the Supervisor is hereby authorized and directed to execute applications for any State and Federal Aid as the same may be available for said iretptovement. Seconded by: Councilman Holt Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Aye' Councilman Finnan- Aye Councilman Holt '7iye Councilman Mills Aye Carried: Dec. "'13:,' 1971 The following Order was moved by COUNCILMAN MILLS, seconded by Councilman Holt, and unanimously adopted:. IN THE MATTER OF THE ESTA$LISHMENT OF THE WAPPINGER WATER IMPROVEMENT #1 "IN' THE TOWN OF -WAPPINGER, -DUTCHESS COUNTY, NEWYORK, ,PURSUANT - TO ARTICLE- 12C OF THE TOWN LAW TO INCLUDE ALL LANDS WITHIN THE TOWN OF WAPPINGER, EXCLUSIVE OF LANDS WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF WAPPINGERS FALLS 335 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 tQ, the establish- ment of a proposed Water Improvement Area known as the Wappinger Water Improvement #1 in the Town 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 and 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 of, the water system, :and WHEREAS the improvements proposed gas, 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 primarily for the entire Town of Wappinger, exclusive of the lands which lie within the corporate limits of the Village of Wappingers Falls and which siad lands are bounded and described generally as follows: Beginning at a point in the center of the Hudson River, said point being the intersection of the Town of Wappinger, Town of Fishkill Town Line and the Orange County-Dutchess County -County line. Thence northerly along the center line of the Hud-_ son River 17,400+ FEET to a point, which point is in the center of Wappinger Creek where it meets the Hudson River, said point also in the intersection of the Town of Poughkeepsie, Town of Wappinger Town line, thence northeasterly along the center line_of-Wappinger Creek 8,300+ feet to a point, said point being on the south- west boundary.of the Village of Wappingers Falls, thence southeasterly, easterly and northerly around the boundary line of the Village_of Wappingers Falls and the Town of Wappinger 19,600+ feet to a point, said point being on the northerly boundary line of the Village of Wappingers Falls, said point also being the center line of Wappingers Creek, thence along the center line of Wappinger Creek 21,100+ feet to a point, said point being at the westerly most intersection of the Town of LaGrange, Town of Wappinger Town line, thence easterly along the LaGrange- Wappinger Town line 17,000+ feet to a point in the _center of Sprout Creek, said point also being the point where the Towns of LaGrange, Wappinger and East Fishkill meet, thence southerly along the center line of Sprout Creek, which line is also the boundary between the Town of East Fishkill and the Town of Wappinger 38,700+ to a point, said point being the point where the Towns of East Fishkill, Wappinger and Fishkill meet, thence westerly alongrthe Town of Wappinger, Town of Fishkill-Town line 39,100+ feet to the point or place of beginning. WHEREAS, the maximum amount proposed to be expended for said improvement is $12,000,000.00 and the proposed method of financing to be employed consists of the issuance of serial bonds of said Town pursuant to the Local Finance Law, to mature in annual install- Ii ments over a period not exceeding forty years payable in the first instance by assessments levied upon the several lots or parcels of land within the benefited area hereinbefore described in just proportion to the:amount of benefit which the improvements shall confer upon such lots or parcels; and WHEREAS, it is now desired tocall 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 Ketcham High School, Myers Corners Road, in said Town on the 27th day of December, 1971, at 7:30 o'clock P.M., Eastern Standard Time., to hold a public hearing on the aforesaid pro- posed improvements and the plan, report, and map prepared and filed in connection therewith at.,which all persons interested in the subject thereof may be heard concerning the same, and to take such action thereon as is required 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 hereinfor. said .public hearing. Section 3.. This .Order shall take effect immediately. The following letter was received under unfinished business. November 16, 1971 Town Board Town of Wappingev Mill Street Wappingers Falls, New York Re: Application of Klein & Alexander Extraction of Natural Resources Gentlemen: Mr. Rudolph E. Lapar, Engineer to the Town, and I have reviewed the above application which you referred to us for recommendation. It is our finding that the proposed excavation elevations shown on the "Site Improvement Plan" which was submitted with the application, do not conform to Section 439.013 of the Town of Wappinger Zoning Ordinance .in that excavations will be below the grades of the streets and property lines, closer than 200 feet thereto. Based on the above-mentioned Plan, dated August 18, 1971, it is our recommendation that the permit sought by Klein and Alexander be denied for failure to meet,the zoning regulations. 8 3-7 Regarding this matter, I recently received a telephone call from Mr. Peter N. Anagnos, Senior Engineer with the Dutchess County Department of Public Works.. Mr4 Anagnos has an application before him for a permit for entrance and exit on Hopewell Road, in connectionwith the use for which this application is before your Board. Mr. Anagnos would appreciate being notified of whatever action your Board may take regarding the application of Klein and Alexander, as he is withholding the issuance of any permit until he has received evidence that the Town Board has approved the site for the use. Yours very truly, s/ Susan J. Pike Zoning: Administrator Since the receipt of this letter, the Town Clerk informed the Board that Kelin & Alexander have resubmitted, with an amended map. MR. FINNAN moved that the amended map submitted by Klein & Alexander for their soil mining application be referred back to the Zoning Administrator and Engineer to the Town for their further review and recommendation. Seconded by Mr. Clausen. Motion Unanimously Carried The salvage yard application of Mid -Hudson Auto Wreckers, Inc. was still before the Board. Supervisor Diehl directed this matter remain tabled until a recommendation is received from the Zoning Administrator. Mr. Mills addressing the problem of Alexander having left a mess opposite the Wildwood Manor Apartments, requestedof the engineer and attorney to the storm drainage_ project that before Mr. Alexander is paid any more money that he be made to clean it up. MR. MILLS moved that the engineer to the storm drainage project be instructed not to approve any further payments to Alexander for drainage work until the rubbish left in Wildwood Forest, opposite the apartments, beccleaned.up, this matter also be referred to Miss Pike, Zoning Administrator, in case there is a zoning violation. And further, that Mr. Rappleyea take whatever steps necessary to call the bond for Mr.. Alexander's mining permit at the corner of St. Nicholas and New Hackensack roads. Seconded by Mr. Holt. Motion Unanimously Carried L L L Malcolm Cornell indicated he had presented Mr. Lapar with the signed report that he requested from his engineer, Mr. Singer, so now the Town Board may take the necessary action to that storm drainage that his letter called for. Mr. Eck thanked the Board for what they had accomplished in the last six to eight months regarding water and sewer. It was some- thing he has been battling for for the last ten years. Charles Cortellino informed the Board that one of the Refuse Removal Companies, that serves Wildwood, has recently boosted up their rates. It brings up the topic of forming a department of Public Works. If such was formed, refuse pick-up, sewer and water could be incorporated. The Board should consider it soon. Mr. Mills offered the suggestion of name plates for the Board members. It would be particularly appropriate with new Board members taking office. MR. MILLS moved that name plates be purchased for the Board members, the five present Board members, and the two new incoming members. Seconded by Mr. Finnan. Motion Unanimously Carried MR. MILLS moved the meeting be adjourned, seconded by Mr. Holt and unanimously carried. Meeting adjourned at 11:05 P.M. Reg. Mtg. 12/13/71 Elaine H. Snowden Town Clerk 3:=3 STATE OF NEW YORK .. DEPARTMENT OF AUDIT AND CONTROL 34'0; In the Matter of the Application of the Town Board of the Town of Wappinger, Dutchess County, New York, for the permission of the State Comptroller to provide a sewer improvement in said town, to be known as Wappinger Sewer Improvement No. 1. WHEREAS, application has been duly made to the undersigned by the town board of the Town of Wappinger, Dutchess County, New York, by its Supervisor, pursuant to Section 209•q of the Town Law for the permission of the State Comptroller to provide Wappinger Sewer Improvement No. 1 in said town, in accordance with such application and a resolution of said board adopted May 25, 1971, and WHEREAS, the undersigned has duly examined such application, ` NOW, THEREFORE. pursuant to such examination and upon such application of the town board of the Town of Wappinger, the under• signed does hereby find and determine after due deliberation: (1) That the public interest will be served by the proposed improvement. (2) That the cost of the proposed improvement will not be an -undue burden upon the property in the benefited area. 1. ARTHUR LEVITT, Comptroller of the State of New York, do hereby order that such application of the town board of the Town - of Wappinger for permission to provide Wappinger Sewer Improvement No. 1 be, and the same hereby is, granted, with the maximum amount to be expended for such improvement to be $3.963.320.00. Executed in duplicate under my hand and the seal of the Comptroller of the State of New York. at the City of Albany, New York, this 3 o day of November. 1971. By ARTHUR LEVITT State Comptroller Jo J. Feene De uty Comptroller WARRANT To Louis D. Diehl , Supervisor Town of , County of lisrellese , New York. The following claims, having been presented to the Town Board of the Town of Waninfler , and duly audited and allowed at a meeting thereof held on the 13th day of , 19___n, in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM NAME OF CLAIMANT No. 847 Dorothy Alsdorf, 848 Edna Winters 848 Edna Winters 830 851 Pauline Egon 852 Blidolph E Levert P.R. • 853 AMOUNT ALLOWED 50. A-7510.1 76. A.4110.1 52. A-7110.1 egu4a.m.-10.44.5a A9040.8 178.68 118.7 A-1220.4 FUND OR ACCOUNT The State insurance Feed 1,323. 854 Custom Climatal' Cont. 855 Francis Shemin 856 Gorge Wells 8.57 Sloper-Willen A. 858 Amelia Crosby 859 Allan B. Bagpleyea 860 Boat -All Plaza Iac. 861 Glean T. Beady 862 James T. Gamin° 863 Jobe Holler 864 Susan J. Mfr 865 Barry Molt 866 Artber Waddle 867 Dina Bros. In c. 868 George Schlatheas 869 Lee Cormell 30.00 114010.4 A-.11,440.4 833.32 ..1-440.4 123.00, A-1620.4 133.00 1•1620.4 199.89 A-3510.4 083.66 1-4560.4 7.40 A-1330.4 A•1420.4 • 666.66 $.1420.4 14. A-1620.4 14.01 A-1220.4 116.95 Ai03510.1 46.60 10.00.1.40;0.4 23.40 A-1920.5 5. 49. 31. 33. 1.3120.4 714310.4 A.1110.4 B-7310.4 OTHER INFORMATION In Witness Whereof, I have hereunto set my hand and the Seal of the Town of this 13th day of DerilabOr , 19 71 [SEAL] app Town Clerk A WARRANT To Louis D. Diehl , Supervisor Town of WAppinain , County of Dotchess , New York. The following claims, having been presented to the Town Board of the Town of t�aipiantr , and duly audited and allowed at a meeting thereof held on the 13th dayof December , 19...71, in the amounts hereinafter respectively specified, and a certificae thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM No. NAME OF CLAIMANT AMOUNT FUND OR ALLOWED ACCOUNT 870 Binn th Croahi,Sr 40. B-7310.4 871 Daniel J. 8amnipn 440. t 1.3310.4 872 R. J. Brodher, Inc. 73.4 1-1620.4 14620.2 ry 873 Ditches' Co. Clerk's Off cs 1. '+ A4355:4 874 Williamson Law 3osk CO. - 40.7 A4110.4 875 Mwr York Toles Co. 630.6 1.1620.4 876 Body Angelo Inc. 121. A-3310.4 A-9060.8 877 The 8artfosd Lift Ins.Co.1,107.9- 3-9064.8 878 West Pablishin$ Gs. 4. ► 1.3620.4 A4.110,4 871 - Is " " 93. 8..1410.4 880 $7hss, Galloway 1 '25. x # 1.1420.4 881 ifattc.al Firs P.Ass'nl 3.1' 1M3620.4 882 Sigma Pbila & Hsatiai 1.,072.9 A-1640.4 883 Credit Bureau of Pte. 60. + A•1355.4 884 $ cembe • 297. a A-1353.4 889 The Pendell Press fi 12.. 41180 4 886 II n R 12. A.1620.4 887 Vine's 0i* Service 73. 11620.4 888 " " 22. A4620.4 889 If n a 51 A-1620.4 890 Marine 3 L41aed Irak 223. A4620.4 891 Chester Satz Co, 59. *4110.4 892 If •f If 26.5 41620,4 in Witness Whereof, I have hereunto set my hand and the Sealofthe Town of971 this 13th -. day of Dir OTHER INFORMATION [SEAL] ua. Town Clerk WARRANT To Louis D. Diehl Town of wandnipr Wappthu , Supervisor , County of Madre*. , New York. The following claims, having been presented to the Town Board of the Town of and duly audited and allowed at a meeting thereof held on the 13ta day of D.OUUIU , 19.71, in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM No. 893 894 895 896 897 898 899 900 901 002 903 904 NAME OF CLAIMANT Coatral Dodson 11 Radio Stock Cowry P. Wolf J elt Pray aazrt 11ai Rodney Plow Ralph Visa11 1. J. Karin & 11 AMOUNT FUND OR ALLOWED ACCOUNT 206.76 A4620.4 8.10 3310.4 .854.20 A-5187 6.90 A4-110.4 125.00 1-7310.4 960.00 A.7110.4 800.00 10.7110.4 75.00 *.7110u14 42.00 A-7110.1 343.00 A-7110.1 InC. \ 26.79 A-7110.1 11 11 11 21.79 *4110.1 906 Great Dear Spris$ co. 907 Albert Dadatrich 908 RiNtr011tiee COussitants 909 Richard larger 910 Viaccat Egan 911 Podolpit 8.1.spar 912 913 914 915 16 807310.4 30. A.1620.4 1.00, A-3120.4 2,000.09 114140.4 490.001 Das Broadtora Dowd OTHER INFORMATION \ 2,400. \ 4768.2 ft 14 44 Elaine R. Suoadon otty Cash In Witness Whereof, I have hereunto set my hand and the Seal of the Town of 13dt71 this day of 19 [SEAL] 41 Town Clerk WARRANT Lewis D. Diehl To , Supervisor Town of , County of , New York. The following claims, having been presented to the Town Board of the Town of APPIDIOW , and duly audited and allowed at a meeting thereof held on the 1.3d1 day of DSS! 19 71, in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM No. NAME OF CLAIMANT AMOUNT FUND OR ALLOWED ACCOUNT OTHER INFORMATION 916 Hall 1 Camper \1,196.31 leeUndue rasa Bond Tara. $ 7101..77 In Witness Whereof, I have hereunto set my hand and the Seal of the Town of lith Dscsr this day of ... ....... 1971. [SEAL] Town Clerk SPECIAL DISTRICTS WARRANT To Loomis D. Diehl , Supervisor Town of Wsppiawer , County of Dattdtsss , New York. The following claims, having been presented to the Town Board of the Town of Watrieter , and duly audited and allowed at a meeting thereof held on the 13th day of Dem'apsber , 19. 71, in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM No. NAME OF CLAIMANT 182 Aldrich & MacDonald 183 Cent.Mmd.Gaai & Elec. 184 R. E. Lieu, Inc. 183 s. R. Lingo, Inc. 186 Nelms Laffin 187 Cent.Hnd.Gas 6 E1ec. 188 AZton-Cross SCo. 189 Axton -Cross Co. 190 Cent.9d.Gas & Elec. 191 Howard T. Adams 192 Aztton-Cross Co. 193 N i S Supply Co. 194 Ii i S Supply Co. INS Mr1ra Laffin 196 Roweilutledse AMOUNT FUND OR ALLOWED ACCOUNT • t,500.00 151.90 SW24310.4 120.32'12-8310.4 13.31 SW24310.4 SW2-8310.4 230.00 8824130.4 88.10 SI04130.4 103.68 534130.4 207.36 $124130.4 480.46 8834130.4 44.00 893-8130.4 24.99 883-8130.4 2.20 8834130.4 17.09 883-8130.4 123.00 S83-8110.1 11.20 S33 4130.4 •u7 170:00 fv11318 4 j 1°iijaoes fag r:, Aston-Cross 200 L.T.Linda Septic Tank 201 , Cent.R d. Gas & Elec. 103.66 831-8130.4 200.00 381-8130.4 344.60 8814130.4 TOTAL* ---4 i, 203.23 OTHER INFORMATION Fleetwood Sewer Bond Acct. Fleetwood Water District Fleetwood Water District Fleetwood Water Fleetwood Water & Sewer Dist. Fleetwood Sewer District Fleetwood Sewer District Fleetwood Sewer district Rockingham Sewer District Rockinghmm Sewer District Rockingham Estates Rockingham Sewer Plant Rockingham Sower Plant Rockingham. Sewer District. Rnckinghan Sewer District r District OakwoodEYee►1le Sewer Oakwood Sewer District Oakwood iko11s Sewer Dittict. In Witness Whereof, I have hereunto set my hand and the Seal of the Town of Wappinaer this 13th clay of De<F1 r , 19 71 [SEAL] Town Clerk