1970-06-18 SPM1
A Public Hearing was held by the Town Board of the Town of
Wappinger on Thursday, June 18, 1970 at 8:00 P.M. at the Town
Hall, Village of Wappingers Falls, Mill Street, Wappingers Falls,
New York, on Local Law #2, 1970, water rates, Fleetwood Manor.
Supe
Deputy Supervisor Clausen opened the adjourned meeting of June
8th, 1974 on June 18, 1974 at 8:25 P.M.
Present:
Louis Clausen, Deputy Supervisor
G. Donald Finnan, Councilman
Harry Holt, Councilman
Elaine H. Snowden, Town Clerk
Absent:
Louis Diehl, Supervisor
James Mills, Councilman
Others Present:
Ian MacDonald, Attorney
Rudolph Lapar, Engineer to the Town
Mr. MacDonald explained the charts of water and sewer rents ---
Minimum Charge, 1st 9,000 gals or less, $9.90. Rates have been
approved by Audit & Control.
The question of State Aid was brought up, this is available for
sewer only.
Mr. Mills moved the hearing be closed, seconded by Mr. Finnan and
carried.
The hearing closed at 9:00 P.M.
CtiLLLQ-
Elaine H. Snowden
Town Clerk
1 48 4-
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W. and S. P.
NEWS
DISPLAY ADVERTISING
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CLASSIFIED ADVERTISING
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Oft NE TOWN BOAR
AFFIDAVIT OF PUBLICATION
State of New York.
County of Dutchess.
Town of Wappinger.
$Aatric!. net= of the
Town of Wappinger. Dutcheu County. New York.
being duly swan. says that he is. and et the several
times hereinafter was, theaCh-r.,4itPX-PlIbli Beal
W. & S.D. NEWS. a newspaper printed and published
every Thursday in the year in the Town of Wappinger.
Dutcheu County. New York. and that the annexed
NOTICE was duly published in the said newspaper for
QIIS.. week succeuively...QA46.. in each week.
commencing on the. Z$th ... day of. PctPkler
19n. and on the following dates thereafter, namely on
and ending on the... 20th . day of. QGtglber
19. 7Aboth days inclusive.
Subscribed and sworn to before me
thip. Zboth day of Octobtr .19Z1r
Notary Public
My commission expires
ALBERT M. OSTEN
NOTARY PUBLIC, STATE OF NEW Ma
QUALIFIED IN DUTCHESS COUNTY
#14-8240760
COMMISSION EXPIRES MARCH 39. j92".-
1 'I 5
A Special Meeting of the Town Board of the Town of Wappinger was
held June 18, 1970, at the Town Hall, Mill Street, Wappingers
Falls, New York (Notification of this Special Meeting having been
given by mail June 16, 1970.)
Supervisor called the meeting to order at 9:17 P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
G. Donald Finnan, Councilman
JaMes Mills, Councilman
Elaine -H. Snowden, Town Clerk
Absent:
Harry Holt, Councilman
Others Present:
Allan Rappleyea, Attorney to the Town
Rudolph Lapar, Engineer to the Town
The following resolution was introduced by COUNCILMAN MILLS who
moved its adoption:
WHEREAS, the Town of:Wappinger has made application to the
NeW York State Executive Department, Division for Youth, for a
Home Town Beautification Project for the Town of Wappinger fot,
the summer of 1970, and
WHEREAS, said request for assistance in the establishment of
such a program has received -preliminary approval, and
WHEREAS, a final application must be filed seeking assistance
for the employment of ten (10) youths wherein reimbursement to
the municipality at the rate of $1.25 per hour for a 35 hour week
for seven -(74) weeks will be made by the New York State Division
for Youth,
NOW, THEREFORE BE,IT'
, RESOLVED that the Supervisor is hereby authorized and directed
to execute the aforementioned final application, a dopy of which
is annexed hereto -and made part hereof.
Seconded by: Mr. Clausen
Roll Call Vote: 4 Ayes
The following resolution was offered by MR. FINNAN Who moved,its
adoptioni-:seconded.by_Mr. Milis, tot-wit4
&RESOLUTION PROVIDING FOR THE DETAILS AND AUTHORIZING
11-1B.ZALE OFt:$16,000 STATUTOM INSMALLMENTBOND,;OF THE
TOWN -0F,WAPPINGERUTCHE88, COUNTY,- NEW YORK"TO
RAY THE COST OF THE ACQUISITION- OF LAND:IN%AND,FOR,
SAID TOWN, ADJOINING THE PRESENT SITE OF. THE TOWN
HIGHWAY GARAGE OF SAID TOWN.
1
136
WHEREAS b the Tow$ Board of the Town of Wappinger, Dutchess
County, New York, adopted a bond resolution on May 11, 1970,
authorizing the issuance of $16,000 serial bonds of said down
to pay the cost of the acquisition of land in and for said Town,
adjoining the present' site of the town highway garage of said
Town; and
WHEREAS, it is now desired to provide for
authorize the sale of. such $16,000 serial bonds
for other matters in connection therewith; NOW,
RESOLVED, by the Town Board of the Town of
County, New York, as follows:
the details and
and to provide
THEREFORE, BE IT
Wappinger, Dutchess
Section 1. The $16,000 serial bonds described in - .the preambles
hereof, shall be issued in the form of a single typewritten statu-
tory installment bond to be designated substantia.ily,LAND ACQUISI_
TION (SERIAL) BOND, 1970, shall be dated June 10, 1970, shall be
in the denomination of $16,000, shall provide for the payment of
such principal of $16,000 in five equal installments, payable
$3,200 on June 10 in each of the years 1971 to 1975, both inclusive,
and shall bear interest at the rate of four and ninety-five
hundredths per centum (4.95%) per annum, payable annually on June
10. Both principal of and interest on such statutory installment
bond shall be payable in lawful money ofithe United States of
America at Dutchess Bank & Trust Company, in Poughkeepsie, New
York, which by contract is the paying agent of the issuer. Such
statutory installment bond shall be signed in the name of said
Town by:.its Supervisor, sealed with its corporate-sealt, and
attested by its Town Clerk.
Section 2; All other matters except as provided.hereih
relating to such statutory installment. bond, shall be determined
by the Supervisor of said Town.
Section 3. It is hereby determined that the period of
probable usefulness of, the aforesaid specific object or purpose
is thirty years, pursuant.to subdivision 21(a) of paragraph a
of Section 11.00 of the Local Finance Law, computed from June 10,
1970, the date of said bond. No bond., anticipation note has been
issued or will -be issued .prior to said date:
Section 4. The faith and credit of said Town. of Wappinger,
New York, are hereby irrevocably pledged for the payment.of the
principal of and interest on such bond as the same become due and
payable. An annual appropriation shall be made in eaobtlyear'•
sufficient to pay the principal of and interest on such bond as
the same become due and payable. There shall annually be levied
on all the taxable real property of said Town, a tax sufficient
to pay the principal of and.interest on such bond as the same
become due and payable.
Section 5. Pursuant to the provisions of paragraph b of
Section 63.00 of the Local Finance Law, as last amended, said
statutory installment bond is hereby sold at private sale to
Dutchess Bank & Trust Company, in Poughkeepsie, New York, at
par and accrued interest, if any, it being hereby determined
that the total amount of bonds sold by said Town at private, aale
in accordance with the provisions of said paragraph b of Section
63.00 of the Local Finance Law for ita current fiscal year is
not in excess of $40,000. The receipt of the Supervisor 'shall
be a full acquittance to the purchaser of such statutory irr tall-
ment bond, who shall not be obliged to see to the application
of the purchase money.
137
Section 6. This resolution shall take effect immediately.
The question of the adoption of the foregoing resolution
was duly put to a vote on roll call, which resulted as follows:
Supervisor Diehl Aye
Councilman Clausen Aye
Councilman Finnan Aye
Councilman Mills Aye
MR. FINNAN moved the adoption of the following Order and seconded
by Mr. Clausen, to -wit:
WHEREAS a map, plan, and report have been prepared in such
manner and such detail as has heretofore been determined by the
Town Board of the Town of Wappinger relating to the Establishment
of a proposed Sewer Improvement Area known as the Chelsea Sewer
Improvement Area 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; and
WHEREAS said map, plan, and report were prepared by Rudolph
Ei 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 on the Hudson River, and
WHEREAS the improvement will provide primarily for the said
Chelsea Improvement Area which is bounded and described as follows:
CHELSEA SEWER IMPROVEMENT AREA
Beginningat 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 Hudson River
8,700+ feet to a point which is the intersection of the westerly
extension of the northern lineof lot 71, Block 1, Tax Map 84,
thence easterly along the extension of the northerly line of
lot 71,°Block 1, Tax Map 84, across River Road and easterly along
the northerly lines of the following lots:
Lot 22, Block 1, Tax Map
21,
i, 11 1, 11 11
dl _ 20, 11 1, O 11.
11 19, ,i, 1, N 11
O:J 18, 11 1, 4 1)
▪ 17, 7 , 11 1, 11 O
▪ 16, 11 1, II 11
" 14.1, 1, u"
• 12 . l2 _ 11 l ,, 11 11
• 12.2, 11 1, 11 11
11,
1, I1 1, 11 U
" 10.1, " 1, "
84
84
84
84
84
84
84
84
84
84
84
84
4,250+ feet to a point, said point being the northwesterly
corner of lot 19.2, Block 1, Tax Map 83, thence along the north-
erly and easterly lines of lots 19.2 and 19.1.2, Block 1, Tax
Map 83, 3,450+ feet to a point, said point being the northeast
corner of lot 19.1.2, Block 1, Tax_ Map.. 83, and: also being the
X38
westerly R.O.W. of Route 9D. Thence along the westerly R.O.W.
in a southerly direction, a distance of 1,490+ feet to a point,
said point being on the boundary line between the Town of
Wappinger and the Town of Fishkill; thence in a westerly direc-
tion along the boundary line between the Town of Wappinger and
the Town of Fishkill, a distance of 9,280+ feet to the point or
place of beginning.
WHEREAS, said improvement will be constructed in a manner
and location so as to provide for a benefit to the Town at large,
exclusive of the Village of Wappingers Falls, all as set forth in
said report of Rudolph E. LaPar, and
WHEREAS, the maximum amount proposed to be expended for
said improvement is $2,943,440.00 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
annualinstallments over a period not exceeding forty years
payable in the first instance partly 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 partly by an ad.valorum charge upon all the lots or parcels
in the Town of Wappinger, exclusive of the Village of Wappingers
Falls; and
WHEREAS, it is now desired to call a public hearing pur-
suant 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
Cafeteria of the Wappinger Junior High School, Remsen Avenue,
Village of Wappingers Falls, in said Town, on the 16th day
of July, 1970 at 8:00 o'clock p.m., Eastern Daylight Time, to
hold a public hearing on the aforesaid proposed improvements and
the plan, report, and map prepared and filed in connection there-
with 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 his office, such publication and posting to
be made not less than ten (10) nor more than twenty (20) days
before the date set herein for said public hearing.
Section 3. This Order shalltake effect immediately.
RESOLUTION RE CONTRIBUTIONS OF
DEVELOPERS IN ROCKINGHAM FARMS
SEWER DISTRICT.
The following resolution was offered by MR. MILLS who moved its
adoption:
WHEREAS, the Town Board of the Town of Wappinger did on
June 8th, 1970,'authorize and direct the Building. Inspector
139
to collect the unpaid balances due from the following developers,
to wit:
1. Edge Hill Manor Inc.
2. Opalo Realty Corp.
3. Angel Brook Corp.
which said unpaid balances were due and payable to the said
Rockingham Sewer District by reason of said petition by said
developers for the right to connect certain mains and laterals
to the Rockingham Sewer Plant, and
WHEREAS, said resolution of June 8th, 19.70, required the
payment of said balances forthwith and
WHEREAS, as of June 17th, 1970, said payments had not
been fully made, now therefore, be. it
RESOLVED, that the Building Inspector is hereby authorized to:
1. By registered mail directed to the known principal
of said corporations and to said corporations at
their last known mailing address, advise saidcorpor-
ations that the balance of said payments must be paid
to the Rockingham Sewer District at the Town Hall,
Wappingers Falls, New York, on or before June 22, 1970
at 12:00 noon.
2. In the event said payments are not made as aforesaid
the said Building Inspector is authorized and directed
to
A. Cancel and annul all outstanding building permits
covering the lots .or parcels in any of the original
developments made by the aforesaid developers,
their successors or assigns.
B. Deny to any such builder, developer or any of its
successors or assigns Certificates of Occupancy.
C. Contact the Attorney to the District and said
Attorney to the District is authorized and directed,
in the name of the Town to commence such legal
action he deems necessary to collect such unpaid
balance.
D. Contact the County Health Department and advise
said Department that no future connections will
be permitted to the Rockingham Sewer Plant by
any of the said corporations, their successors
or assigns which have not made the payment as
aforesaid.
Seconded by: Mr. Finnan
Roll Call Vote: 4 Ayes 0 Nays
RESOLUTION REGARDING DEDICATION
OF SEWER MAINS AND LATERALS IN
ROCKINGHAM FARMS SEWER DISTRICT
The following resolution was offered by MR. CLAUSEN who
moved its adoption:
WHEREAS, the Town Board of the Town of Wappinger adopted
140
a resolution on June -8,. 1970, wherein and whereby conditions
were placed upon the dedication of sewer mains and laterals to
the Rockingham Farms Sewer District and
WHEREAS, said resolution further provided that said mains
and laterals were to be in proper working order at the time of
said dedication, free and clear of infiltration, now therefore
BE IT RESOLVED that said resolution of June, 8th, 1970 is
affirmed and in addition thereto it is further
RESOLVED, that in the event all of the aforesaid repairs
are not made by July15th, 1970, and the said mains and laterals
are not deeded or conveyed to said Rockingham Farms Sewer District
by said date the engineer to said District is hereby authorized
and directed to survey such lines as have not been repaired and
to prepare the necessary plans and specifications to make said
repairs and to estimate the costs thereof and to report the same
to the Town'Boardand be it further
RESOLVED, that in the event any of' said developers shall
fail to comply with the resolution of June 8th, 1970, the
Building Inspector is authorized and directed to deny building
permits and certificates of occupancy to any such developer,
his succestdr or assigns and to deny said developer permission
to connect to the laterals or mains of the Rockingham Farms
Sewer District and be it further
RESOLVED, that the Attorney to the District is authorized
and directed to commence such proceedings he deems necessary to
compel the conveyance of such lines to the Rockingham Farms
Sewer District and to collect for the costs and repairs to
said mains and laterals in the event the said repairs are
made by the said Rockingham Farms Sewer District upon the
failure of the developer to make such repairs by July 15, 1970.
Seconded by: Mr. Mills
Roll Call Vote: 4 Ayes 0 Nays
-RESOLUTION, TOWN BOARD OF THE
TOWN:OF- WAPPINGER, DUTCHESS
COUNTY, NEW YORK; AUTHORIZING --
STUDY FOR INCREASE IN FACILITIES
OF EXISTING ROCKINGHAM SEWER
FACILITIES.
The following resolution was offered -by MR. FINNAN, who moved its
adoption:
WHEREAS, a Special District known as Rockingham Farms Sewer
District was established in the Town of Wappinger on April 26,
1966, and
WHEREAS, the Town Board of the Town of Wappinger has been
advised by the Town Planning Board and others that there is
proposed within the boundaries of said district construction
of homes and other structures which will require connection to
a public sewer facility and
WHEREAS, the present facility for the receipt and treatment of
sewage has a maximum capacity of 200,000 gallons per day and there
are at present approved lots which reach the aforementioned capa-
city in the event that all of said lots are provided with sewage
141
treatment,
NOW THEREFORE BE IT
RESOLVED, that the Supervisor is hereby authorized and directed
to engage the services of Milton Chazen & Associates, Civil Engin-
eers, for the purpose of conducting studies of the feasibility
and necessity regarding the expansion of sewage treatment facilities
within the Rockingham Farms Sewer District, and
BE IT FURTHER
RESOLVED that said report shall be made to the Town Board on
or before August 10th, 1970, and
BE IT FURTHER
RESOLVED that the Town Clerk forward a copy of this resolution
to the Town Planning Board and the Dutchess County Board of Health
so as to advise them of the Town Boards' intention, in their capacity
as Commissioners of the aforesaid Rockingham Farms Sewer District
to expand the facilities of said district to provide for the order-
ly future growth of said district.
Seconded by: Mr. Clausen
Roll Call Vote: 4 Ayes 0 Nays
MR. CLAUSEN moved that the Town Clerk hand deliver these resolu-
tions regarding the Rockingham Farms SewerDistrict to Joseph D.
Quinn, Jr. Attorney and Joseph E. Ludewig, Building Inspector;
and also, a carbon copy of the letters to the three developers,
directed to be written by the Building Inspector and sent by
registered mail, be also hand delivered to the known principal
of said corporations. Seconded by Mr. Mills.
Motion Unanimously Carried
Mr. Diehl gave notice to the Board members that there would be a
Special Meeting of the Town Board, to be called for the purpose
of awarding bids for the sand filters, and any other business that
may properly come before the Board.
MR. MILLS moved that bills, in the amount of $1,166.30, for the
Recreation Day be paid, subject to audit. Motion failed for lack
of a second.
Mr. Finnan stated that there had been an executive meeting, between
Town Board members, Mr. Ludewig, Mr. Joseph Gutmann, Mr. Harry
Gutmann and Mr. Lloyd Anderson, regarding operations of the sewer
plants. The meeting brought to light, amongst other things, that
there was a definite need for a fourth man to help operate the
1 12
districts.
Either a full or part-time man should be employed, to
alleviate the situation with regard to the work involved and exten-
sive hours that have to be put in by the sewer plant operator and
his two assistants. In the interview the schedule of work proposed
by Mr. Gutmann should be implemented. If either Mr. Ludewig or
Mr. Gutmann have any recommendations for a person to assist in the
sewer districts, they should notify the Town Board.
Mr. Clausen suggested a letter be written to Mr. Ludewig with a
copy to Mr. Gutmann indicating how the problem was to be resolved,
and Mr. Gutmann's work schedule should be implemented temporarily
until a fourth person could be employed, and also, a policy.
The revision of the vacation -sick leave policy was referred to Mr.
Mills and Mr. Holt.
MR. CLAUSEN moved the meeting be adjourned, seconded by Mr. Finnan
and unanimously carried.
Meeting adjourend at 10:00 P.M.
Special Mtg. 6/18/70
Elaine H. Snowden
Town Clerk