1971-07-21 SPMA Special Meeting of the Town Board of the Town of Wappinger was
held July 21, 1971 at the Town Hall, Mill Steet,,_,Wapp.ingers .Falls,
New York.
(This meeting was set at the July 12,., 1-97.1 regu.lar meeting, rand
additional notice, changing the time of this meeting from the
original 7:00 P.M. to 6:45 P.M., was sent to each Board member
on July 14, 1971)
Supervisor Diehl called the meeting to order at 7:39P.M.
Present:
Louis Diehl, Supervisor
Councilman G. Donald Finnan
Councilman Harry F. Holt
Councilman James Mills, Jr.
Elaine H. Snowden, Town Clerk
Absent:
Councilman Louis Clausen
Others Present:
Allan E. Rappleyea, Attorney to the Town
Rudolph E. Lapar, Engineer to the Town
Before taking up the business to come before the Board, the
Chair recognized Residents from the Floor.
Mr. Alfred Rifkin, 35 Wildwood Drive, began by saying that at the
meeting last Monday, he had made some statements which called Mr.
Lafko of the L & A Filtration Corp., to take legal action against
him for slander, and he would like to re -state his questions of
last week - amendments to. Last week he asked the Attorney to
the Town what the basic rate was for their sewerage, and the
Attorney had said that;,in his opinion, the maximum rate was closer
to $69.00 per year. He believes he further made a statement that
his sewer rate for these past 6 -7 years has been about $100 to
$120 a year. This is the statement he wished to amend. He also
made a statement that he thought that if the Town were to buy the
L & A Filtration Corp. it should hold money aside, in escrow, for
repayment to the rest of them, because they don't have any action
against the Town, and the Town would have against Mr. Lafko and
the L & A Filtration. Then he quoted some of his last bills. For
the year 1971, the month of May, quarterly bill,was $62.16; in
Jan. $24.00; for the year 1970, $91.20. For the year 1969, $89.30.
Also, he spoke for a neighbor, Richard Schardt, 2 Wendy Drive,
whos bills for '69, for 4 quarters;.totalec $106,07. In '70
they, , totaled $97.47. ,He further said he trusted :the L & A
position has not beam prejudiced or damaged by. the past state-
ments, and also trusted that the Sewer District,hasn't;lost
any customers in the past few weeks. It was his belief that
utilities such as the sewer and water are essential for the
growth of both the Town of Wappinger and the County. If Public
ownership is obtained, then the Public has a voice, under private
ownership they have no recourse. He urged Mr. Diehl to reconsider
his nay vote and vote for ownership of the Sewer. He,concluded
by asking each Board member,, to the effect, thatihis statements
of last week did not infuluence their vote one way or the other.
All the Board indicated they had not.
Chas, Cortellino_had two questions. First,he would like to
know if. the sewer lines in Wildwood II are being assessed, and
if it . is being paid, and by. whom., It is his belief that -the L & A
Filtration is paying them (reference . Map34 Block 1 Lot 21,. 3 )
If so, why has L & A Filtration complained pg the assessment, taxes
which they must pay and have to pass on to the customers. This
is in reference to Mr. Lafko who has been coming to the Board
meetings complaining that it is due, somewhat, to the assessment
which he pays, that he needs this increase. Second, Mr. Cornell
has claimed ownership of the Wildwood II lines at previous Town
Board.. meetings.; He.would.like to know,if._ownership of these lines
comes under the ,Transportation Act., If ..so, has the _Town granted
permission for the Corporation of form, or has the State.
Louis Eck, asking to speak, ;said that someone in -Orchard Homes
mentioned to _him- that. Mr.. Cornell _had been,around with a petition
on sewers. He repeated what this person had,sa,d, that Mr,
Cornell_had_to1dhim tha t this•petition wap for the Board to
reconsider the Wappinger ,Sewer Improyement,41,.before it goes up
to Albany. This sewer Improvement has been up in;Albany ,5 weeks
4
or so. Cor ell didn't tell this to the peOple, he had Said
if they sign this petition then they'd get' the Town Board to
reconsider. He contended'Corhell was misrepresenting the facts.
Also, the petition was Signed by only his dlOSe friends, and
one waS-his Superintendeht, who lives in the Orchard homes'
Development.
James Devine, 24 Ardmore Drive, stated that he didn't know one
plan from the other, but he was in favor of sewerage treatment
plants in the area.
Sam Petrillo, 26 Orchard Drive, spoke abbut the adverse con-'
ditions in his development that sewers would remedy. There
wee a lot of people living at the bottome of the hill, if
something is going to be done lets go hll the way.
Regis Fields, 25 Orchard Drive, he said he was in favor of it
(se erage). He has a se erage bn the bottom of his property.
His childreld play down there, and'ik they get si'dk,'Something
is going to be done. He wants sewers, and he 'thinks everyone
in Ordhard HOmes wants them.
Mr. Eck said this Town Board should get a letter out to Dave
Alexander, it's high time that he stop hiding behind the wall,
ask him if he's in favor of what Mr. Lafko is doing to this
Town.
MR. MILLS moved to reconsider the Wildwood Sewer District Res-
olution as read at the July 12, 1971 Board meeting.
Seconded by: Mt. Holt
Unanimously Carried
The Resolution In the' Matter of the Establishment of the Wild -
wood Sewer DidtriCt in the Town of Wappinger, Dutchess County,
,
New YOrk, pursuant to Article 12-A of the'TOwn Law Was -moved
by Mr. Mills, seconded by 'Mr. Hdlt, and unanimdusly carried,
and,is attached hereto, 'in its ntiretY, and Made a part hereof
of the minutes'of this meeting.
ALLAN E. RAPPLEYEA
ATTORNEY AND
COUNSELLOR AT LAW
6 LAFAYETTE PLACE
POUGHKEEPSIE, NEW YORK
12601
At a/ eettng of the Town Board of the Town of Wappinger
held at the Town Hall in the Village of Wappingers Falls, Dutchess
County, New York, on the 21sday of July
Present:
1.
2.
3.
4.
5.
Supervisor Louis D. Diehl
Councilman G. Donald Finnan
Councilman Harry F. Holt
Councilman James Mills, Jr.
Absent: Councilman Louis Clausen
, 1971.
In the Matter of the Establishn ent
of the Wildwood Sewer District in the
Town of Wappinger, Dutchess County,
New York, pursuant to Article 12-A
of the Town Law
WHEREAS a map, plan, and report have been prepared in such
manner and in such detail as has heretofore been determined by
the Town Board of the Town of Wappinger relating to the Establish-
ment of a proposed Sewer Improvement Area known as the Wildwood
Sewer District in the Townwof Wappinger, Dutchess County, New
York, pursuant to Article 12-A 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; 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 district
and a general plan of the sewer system, and
WHEREAS, the improvements proposed as set forth in said
plan and report consist of main sewers, manholes, lateral lines,
a sewage disposal plant located in the Town of Wappinger, and
WHEREAS an order was duly adopted by the Town Board on the
ALLAN E. RAPPLEYEA
ATTORNEY AND
COUNSELLOR AT LAW
8 LAFAYETTE PLACE
POUGHKEEPSIE, NEW YORK
12601
17th day of May, 1971, reciting the preparation of a map, plan,
and report, the improvements proposed, the boundaries of the pro-
posed district and the estimated expenses thereof and specifying
June 1st, 1971, at 8:30 o'clonk P.M. and the Ketcham High School
in the said Town of Wappinger as the place where the said Board
would meet to consider the map, plan, and report and to hear all
persons interested in the subject thereof concerning the same,
and
WHEREAS such order was duly posted and published as required
by law, and
WHEREAS a hearing in the matter was duly held by the Board
on the 1st day of June, 1971, commencing at 8:30 o'clock P.M.
at the Ketcham High School in the said Town and considerable dis-
cussion having been duly held including many of the residents of
the proposed district; now, upon the evidence given of such
hearing, and upon the motion of Mr. Mills
seconded by
it is
Mr. Holt
, Councilman,
, Councilman, and unaminously passed,,
RESOLVED AND DETERMINED, that (a) the map, plan, and report
as prepared by Rudolph E. LaPar, Engineer, duly complies with the
requirements of the Town Law and .r sufficient as to its descrip-
tion of the proposed improvements and costs thereof; (b) all the
property and property owners within the proposed district are
benefited thereby; (c) all the property and property owners
benefited are included within the limits of the proposed district;
and (d) it is in the public interest to create the sewer district;
and it is further
RESOLVED AND DETERMINED, that the establishment of a sewer
district be approved; that the improvement set forth in the map,
plan, and report be constructed and the service therein mentioned
- 2-
fG
ALLAN E. RAPPLEYEA
ATTORNEY AND
COUNSELLOR AT LAW
S LAFAYETTE PLACE
POUGHKEEPSIE. NEW YORK
12eof
be provided for upon the required funds being made available or
provided for; and that such district shall be designated and
known as the "Wildwood Sewer District" and shall be bounded and
described as follows:
BOUNDARIES OF THE PROPOSED DISTRICTS
Beginning at a point on the southerly side of Widmer Road,
said point being approximately 205± feet from the intersection of
the center line of Split Tree Drive, said point being the north-
east corner of lot 86 on a map entitled "Wildwood Forest, Section
2 & Section 2 A" on file in the Dutchess County Clerk's office as
map No. 3349; thence the following bearings and distances:
South 31° 02' 10" west 1751± feet,
North 57° 35' 50" east 208± feet,
South 18° 20' 50" east 648± feet,
North 56° 55' 20" east 332± feet,
North 19° 10' 10" west 118± feet,
North 52° 49' 10" east 717± feet,
North 55° 55' 50" east 1,694± feet,
North 17° 24' 00" east 132± feet, to the south side of
Widmer Road, thence along the south side of Widmer Road 110± feet
to a point, thence in a southerly direction across Widmer Road
120+ feet to the southeast corner of lot 47 on a map enti-
tled "Wildwood Forest" on file in the Dutchess County Clerk's
office,:as map #3176; thence the following bearings and distances:
North 14° 57' 10" east 340± feet,
South 76° 04' 50" east 260± feet,
North 14° 47' 50" east 409± feet,
North 26! 52' 30" west 447± feet,
North 24° 37' 00" west 289± feet,
-3-
ALLAN E. RAPPLEYEA
ATTORNEY AND
COUNSELLOR AT LAW
B LAFAYETTE PLACE
POUGHKEEPSIE, NEW YORK
12601
South 72° 39' 20" east 129f feet,
South 56° 17' 50" east 1592 feet,
South 49° 51' 40" east 43± feet, to a point on New Hacken-
sack Road, said point being the southerly corner of the lands of
L & A Filtration, thence crossing New Hackensack Road and easter-
ly along the southern side of New Hackensack Road 800± feet to the
southwest intersection of New Hackensack Road and Wildwood Drive,
thence along the western side of Wildwood Drive the following
distances and bearings:
Along a curve to the right 39± feet, south 22° 59' 20" east
80± feet, a curve to the left 97± feet, south 47° 29' 20" east
102± feet, a curve to the right 396± feet, south 32° 03' 10" east
144± feet, to a point, said point being the northern corner of
lot 1 as laid down on map entitled "Map of Wildwood Forest" on
file in the Dutchess County Clerk's office as map #3176, thence
in a generally southwesterly direction around said subdivision,
the following bearings and distances:
South 57° 56' 50" west 199± feet,
South 3° 44' 50" east 100± feet,
South 15° 29' 10" east 161± feet,
South 17° 58' 30" east 239± feet,
South 23° 38' 00" east 170± feet,
North 58° 10' 50" east 393± feet,
South 4° 45' 50" west 209± feet,
South 73° 31' 20" east 299± feet,
North 71° 07' 20" east 332± feet,
North 34° 09' 30" east 25± feet,
South 36° 48' 10" east 453± feet,
-5-
ALLAN E. RAPPLEYEA
ATTORNEY AND
COUNSELLOR AT LAW
e LAFAYETTE PLACE
POUGHKEEPSIE, NEW YORK
124101
South 30° 10' 30" west 620± feet, to the south side of
Widmer Road, thence across Widmer Road and along the south side
of Widmer Road 870± feet to the point or place of beginning,
and it is further
RESOLVED, that the proposed improvement, including costs of
rights of way, construction costs, legal fees and all other ex-
penses shall be financed as follows: by a bond issue extending
over a thirty year life period, and it is further
RESOLVED, that the Town Clerk of this Town shall within ten
days after the adoption of this resolution file certified copies
thereof in duplicate in the office of the State Department of
Audit and Control at Albany, New York, together with an applica-
tion by this Board in duplicate for permission to create such
district as provided for by the Town Law; and that such applica-
tion shall be executed by and in behalf of the Town Board by the
Supervisor of the Town, and it is further
RESOLVED that this Resolution is subject to a permissive
referendum and shall take effect immediately upon its adoption
as provided by Town Law.
-6-
A bill from Lombardi .& Son, Inc., in the amount of $27,088.42 -
was presented for payment.
MR. HOLT moved this bill be paid, subject to audit.
Seconded by Mr. Mills
Motion Unanimously carried
Mr. Diehl referred to a letter he had received from Mrs. Reese
in regard to the Con Edison Plant that is being -considered at
Cornwall. It was the concern of both the Wappingers group and
the New York State group that great damage would come to the
River from this (Plant) in the form of fish lice, degrading the
water, etc. Mr. Diehl also said he had answered Mrs. Reese on
a personal basis, indicating his objection to the Plant for the
reasons of degrading the water, as there could be a possibility
at
of Wappinger and Southern Dutchess/sometime having to rely on
the Hudson for water..'
MR. DIEHL moved that the Town of Wappinger request an opportunity
to present, at a Public Hearing, the Town Boards position on the
Con Edison Plant.
Seconded by: Mr. Finnan
Motion Unanimously Carried
MR. MILLS moved for a recess, seconded by Mr. Holt, and carried.
Meeting recessed at 8:05 P.M.
Supervisor Diehl called the meeting back to order at 8:45 P.M.
All Board members present, with the exception of Mr. Clausen.
MR. MILLS moved to: 1. Accept the Sewer Lift Station on Opalo
Realty Property - Ye Olde Apple Orchard, contingent on acceptance
by the Dutchess County Board of Health.
2. Allow Opalo Realty Co. to have Building Permits and pay
$480.00 per permit, towards the $16,800.00 balance due of the
$24,000.00 for the Tertiary treatment. The entire balance of
monies will be paid by July 1, 1972.
3. Opalo Realty Co. will pay back Sewer Bilis in the amount of
$917.62 upon presentation by the Supervisors Office.
4. Opalo Realty has deeded all linesinthe street to the
Town, including easements and Rights of Way for the Lift
Station.
5. Mr. Gerzof, attorney for Opalo Realty, has personally
vouched to handle any and all litigation against the Sewer
District. or Town.
Seconded by: Mr. Holt
Roll Call Vote: 4 Ayes 0 Nays
Mr. Mills moved that the meeting be adjourned, seconded by Mr.
Holt, and unanimously carried.
Meeting Adjourned- at- 9:-15 P.M.
0 1 , A K
ZA....t.ArLAJOJILLu..._
Elaine H..Snowden
Town Clerk
Sp. 7/21/71