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1970-05-11 RGMAGENDA - TOWN BOARD MAY 11, 1970 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES 4. REPORTS OF OFFICERS Bldg. Insp. Supervisor Town Justices Bills: Gen. Fund: Highway OKSD OKWD Fleetwood SD Fleetwood WD RFSD 5. PETITIONS AND COMMUNICATIONS a. Arthur Bisom Part II Qualifications of Assessor b. Harvey Miller re: Drainage Problem c. Mrs. Folster re: Traffic Light at Chelsea Rd. & Rte 9D d. Messrs. Bulger & Francese re: Peddlers Licenses e. Appointment -- Recreation Commission -- Marsh term Expires f. John Magdalany Rezoning Petition g. J. Coombs re: Petition for Amendment to a Certificate of Incorporation - Hill Top Waterworks h. Planning Board re: Rockingham Sewer District i. Audit and Control re: Denial of North Wappinger Sewer Improvement j. Mr. Kegan re: WCSD use of voting Machines k. Mr. Lapar re: Dam Site Chelsea Ridge 1. Mr. Lapar re: Supplement to Storm Drainage Late Correspondence: Martin Leskow request to attend Assessors Seminar at Cornell J. D. Quinn re: Brack Construction Corp. v. Leskow 6. REPORTS OF COMMITTEES Mrs. Hausch Proposed Code of Ethics 7. RESOLUTIONS 1. Palmatier rezoning 2. Bonding for Barber Property - Highway 3. Res. to Set Meeting on rerouting Rte 376 - West Dutchess Turnpike 4. Bonding for additional Storm Drainage System 5. Ordinance for Blacktopping Driveways 6. Oakwood Knolls - Ritter proposal 7. Res. Authorizing Bldg. Insp. and Eng. to Twn to inspect Dam Site Chelsea Ridge 8. Amendment to Road Specifications 9. Set Public Hearing on rate for Fleetwood Water & Sewer 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT The Regular Meeting of, the Town Board of the Town of Wappinger was held Monday, May 11, 1970 at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:11 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman Harry Holt, Councilman James Mills, Councilman Elaine H. Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town William Horton, Superintendent of Highways MR. FINNAN moved that the Minutes of the Regular Meeting of April 13, 1970, be and they are hereby accepted as submitted by the Town Clerk, seconded by Mr. Clausen. Roll Call Vote: Louis Diehl Aye Louis Clausen Aye G..Donald Finnan Aye Harry Holt Aye James Mills Abstain Motion Carried Reports for the month of March were received from the Building Inspector, Town Justices and Supervisor. MR. CLAUSEN moved the reports be accepted and placed on file. Seconded by Mr. Mills. Motion Unanimously Carried Bills received for payment were as follows: General Fund $12,365.78 OKSD $347.67 FT.SD$142.64 Highway Fund 3,906.87 , OKWD 135.52 FT.WD 143.01 RFSD 320.76 MR. FINNAN moved the bills be paid, subject to audit. Seconded by Mr. Clausen. Arthur Bisom had requested to speak before the Board on Part II, qualifications of Assessors. Mr. Bisom started by clarifying a statement made by him at the April meeting which was that one of the Town Board members, not 4 present, had asked that an assessment be lowered, this did not refer to Mr. Mills, the person referred to was no longer a member 'of the Board. He then launched into a dissertation on appointments of the Assessors. Beginning with a reiteration on the request to lower an assessment (commenting then that he was under the impression that politics should never creep into assessing,) going on to assessing swimming pools - pools having been assessed since 1963, adding, assessments on them being picked up at the time of property sales. Back on replacing assessors, he said Mr. Christensen had been asked and Nick Sucich had told him Mr: Clausen had asked him if he would take an assessors position. Mr. Clausen's rejoinder was that he didn't believe Mr. Sucich said that, as he had not asked Mr. Sucich. Mr. Clausen had put his name before the Board without asking or knowing if Mr. Sucich would accept. Mr. Bisom continued by asking that an excerpt be read from last months-' minutes regarding discussion with Mr. Clausen and inferences of his uncooperativeness with Mr. Leskow; went on about a discussion held between the assessors, the Supervisor and Democratic Committee Chairman; read from a newspaper article regarding taxing church property, and elaborating on the subject, why can't these properties in Wappinger be taxes; ending up by asking, in the case of Riverdale vs the Town of Wappinger law suit, if the Town loses the suit, and there are damages, Wixtre does the money come from, and two, if the members of the Board are sued individually, who defends them, the Town Attorney, or do they retain their own attorney, and who pays the attorneys' fees? Mr. Diehl, answering the first part of the last question, said the Town stands the cost, and Mr. Rappleyea also answered, the Town does not incur any liability because of the zoning change. Supervisor Diehl called on Mr. Leskow, if he wished, to answer Mr. Bisom. Mr. Leskow said, to qualify his statement, the only thing he said at the executive meeting was that Mr. Bisom did not attend any schools to further himself in the assessing field. As far as 95 cooperation was concerned, he cannot say he (Bisom) wasn't coop- erative. Mr. Diehl asked Mr. Leskow if (in reference to the meeting Mr. Bisom mentioned between himself, the assessors, and the Democratic Committee Chairman) he did or did not come to the office in the best of spirits. He came to unite a group and to clear up some confusion and hearsay; did Mr. Leskow feel, in any way, he insulted or threatened him. Mr. Leskow said, in complete honesty he didn't think that the meeting should have been necessary because the things that were said at the meeting, he couldn't understand how they ever got to him (Mr. Diehl). He's sure however, that everything is ironed out now. Mr. Mills asked Mr. Leskow if all the inequities are now resolved in the Village. Mr. Leskow said some of them, yes, but not all, most have not. Mr. Mills asked "any reason"? Mr. Leskow, "I think time was the factor." Mr. Clausen commented, again from discussion in executive meeting with the Assessors, about the Village assessments, the question was asked, then, why did they wait until this year to clear up inequities in the Village - if these have been present for four or more years - if, in fact, they do exist - Mr. Clausen then asked Mr. Leskow, if he had a good staff and were they doing everything possible, or did he have some problems? Mr. Leskow had answered he didn't have the man hours and full coopera- tion that he would liked to have had in the assessors office - the men were not available, there was a problem of meeting deadlines, continuing (Mr. Clausen to Mr. Leskow) "did I say, well then Mr. Walker wasn't available", Mr. Leskow had replied, no, it wasn't Mr. Walker, he was doing a fine job, (Mr. Clausen) "well then, the only other man it could be was Mr. Bisom," Mr. Leskow again had replied that he didn't say that he wasn't doing a good job, what he did say was he didn't have the interest or time to attend school and learn the assessing business. Concluding, Mr. Clausen said basically that was the intent of what he had said at the executive meeting. Mr. Leskow agreed, adding that although he (Bisom) hadn't had the interest in attending school, as far as cooperation, he had tried his best to be there when he was called. Mr. Clausen then asked if Mr. Leskow hadn't implied that Mr. Bisom wasn't his choice, it was the Boards'. Mr. Leskow said that was true. Summing up, Mr. Clausen pointed out that it was, at the executive meeting, an open discussion, there were some statements made that the assessor's office needed additional help. Mr. Bisom, it was stated, didn't attend assessing schools and he wasn't Mr. Leskow's choice, he was the Boards' choice, and, therefore, couldn't blame the Assessors for it. Basically that was all that was said. Mr. Bisom read a statement saying in essence that he had been cooperative as an assessor, and concluded by stating he didn't have to go to school to be a deputy assessor, he thinks he knows what assessing is. A letter was received from Dr. Harvey Miller regarding a storm drainage problem. MR. MILLS moved Dr. Millers letter be turned over to the Highway Superintendent and Engineer to the Town for their perusal and investigation. Seconded by Mr. Clausen. Motion Unanimously Carried A letter was received from Mrs. William Folster in regard to the Chelsea Ridge Apartments request last meeting for a traffic light at Rt. 9D and Popula Boulevard. She reminded the Board that a similar request was made by residents of the Chelses Road area for a traffic light at Rt. 9D and Chelsea Road some years back, and feels the Chelsea Road intersection should have first consideration. MR. CLAUSEN moved that the Town Clerk direct a letter to the New York State Department of Transportation asking that a study be made on the intersection of Rt. 9D and Chelsea Road for the possibility of installation of a traffic light. Seconded by Mr. Mills. Motion Unanimously Carried A letter was received from both Town Justices suggesting that the Town adopt an Ordinance providing for the identity and licensing of peddlers, itinerant venders etc. 97 MR. CLAUSEN moved that the matter be turned over to the Attorney to the Town for preparation of an Ordinance requiring a peddlers' license in the Town of Wappinger. Seconded by Mr. Mills. Motion Unanimously Carried The term of office of Harry Marsh expired May 1st, leaving a vacancy. The Recreation Commission recommends that John C. Biasotti be appointed to fill this vacancy. MR. MILLS moved that the recommendation of the Recreation Commission be accepted, and that John C. Biasotti be appointed to fill the expired term of Harry March, as a member of the Recreation Commis- sion, his term to expire May 1, 1975. Seconded by Mr. Clausen. Motion Unanimously Carried A rezoning petition was received from John G. Magdalany, requesting the rezoning of a portion of his property on the north-east corner of All Angels Hill Road and Myers Corners Road (from Residential R-20 to Commercial, either LB or GB, whichever the Board feels best' suited.) MR. CLAUSEN moved that this rezoning petition be referred to the Dutchess County Department of Planning and the Town Planning Board for their review and recommendation. Seconded by Mr. Finnan. Motion Unanimously Carried A petition for Amendment to a Certificate of Incorporation was submitted by James Coombs, Attorney for Hill -top Waterworks Corp. Mr. Coombs was noresent to represent either the petition or the principals. MR. CLAUSEN moved that this matter be tabled, and further discussion held with the Attorney at an executive session. Seconded by Mr. Mills. Motion Unanimously Carried A letter was received from the Town Planning Board requesting an executive meeting with the Town Board regarding sewage treatment facilities -Rockingham Farms Sewer District. 98 Mr. Diehl directed the Town Clerk to notify the Planning Board that the Town Board would meet with them after the Planning Boards' meeting on May 18th. The Town Clerk informed the Board that on May 4, 1970, she had received formal denial from the State of New York Department of Audit and Control in the matter of the Application of the Town of Wappinger, Dutchess County, New York, for approval and authori- zation to provide a Sewer Improvement in an area of said town out- side of the Village of Wappingers Falls pursuant to Article 12-C of the Town Law. (North Wappinger Sewer Improvement). MR. MILLS moved that the Order of the State Comptroller, made on May 1, 1970, denying permission to provide a Sewer Improvement in the Town of Wappinger be received and placed on file. Seconded by Mr. Finnan. Motion Unanimously Carried A request had been received from E. Joseph Kegan Superintendent, Wappingers Central School )District requesting the use of seven voting machines for the school elections on June 10, 1970. MR. FINNAN moved the schools be granted permission the use of seven of the Towns' voting machines on the 10th of June, 1970. Seconded by Mr. Mills. Motion Unanimously Carried A letter was received from Rudolph E. Lapar, Engineer to the Town regarding the denial of permission to do any surveys or investigations at the dam site area of Chelsea Ridge Apartments. MR. DIEHL moved Mr. Lapars' letter be received and placed on file. Seconded by Mr. Clausen. The following letter was received: Motion Unanimously Carried April 28, 1970 Town Board Town Hall, Mill Street Wappingers Falls, N.Y. Re: Supplementary Estimates of Drainage Problems in the Town of Wappinger Gentlemen: 99 The following estimates are additional projects which have come to the attention of the Supervisor, the Highway Superintendent and myself since my letter of March 18, 1970. 15. Wheeler Hill -extension to North 900 ft of pipe at $14/ft 5 I.B's at $500/ea. 1,800 ft. gutter at $4/ft. Construction Costs Contingencies at 20% TOTAL COST 16. Pine Hill Drive 300ft. pipe at $14/ft. 4 I.B's at $500/ea 450 ft. gutter at $4/ft. Construction Costs Contingencies at 20% TOTAL COST 17. Fowler House Rd. -extension 850 ft. pipe at $14/ft 5 I.B's at $500/each 1,500 ft. gutter at $4/ft. Construction Costs Contingencies at 20% TOTAL COST 18. Pye Lane -extension 350 ft ft.pipe at $14/ft 2 I.B's at $500/ea. 350 ft. gutter at $4/ft. Construction Costs Contingencies at 20% TOTAL COST 19. Brothers Road 1,500 ft. pipe at $14/ft. 8 I.B's at $500/ea. 3,000 ft gutter at $4/ft. Construction Costs Contingencies at 20% TOTAL COST 20. Tall Trees-Bowdoin La. 700 ft. pipe at $14/ft. 4 I.B.'s at $500/ea. 1,400 ft. gutter at $4/ft. Construction Costs Contingencies at 20% TOTAL COST 21. Ketchamtown Road 1,150 ft. pipe at $14/ft. $ 12,600.00 2,500.00 7,200.00 22,300.00 4,460.00 $ 26,760.00 $ 4,200.00 2,000.00 1,800.00 8,000.00 1,600.00 $ 9,600.00 $ 11,900.00 2,500.00 6,000.00 20,400.00 4,080.00 $24,480.00 $ 4,900.00 1,000.00 1,400.00 $ 7,300.00 1,460.00 $ 8,760.00 $ 21,000.00 4,000.00 12,000.00 $ 37,000.00 7,400.00 $ 44,400.00 $ 9,800.00 2,000.00 5,600.00 $ 17,400.00 3,480.00 $ 20,880.00 $ 16,100.00 8 I.B's at $500/ea. $ 4,000.00 2,000 ft. gutter at $4/ft. 8,000.00 Construction Costs 28,100.00 Contingencies At 20% 5,620.00 TOTAL COST $ 33,720.00 22. Sherwood Heights Road 850 ft. pipe at $14/ft. $ 11, 900.00 4 I.B.'s at $500/ea. 2,000.00 850 ft. gutter at $4/ft. 3,400.00 Construction 'Costs $ 17,300.00 Contingencies at 20% 3,460.00 TOTAL COST $ 20,760.00 Costs of projects 15 through 22 $189,360.00 Costs of projects 1 -through 14 502,994.90 TOTAL COST OF ALL PROPOSED PROJECTS $692,354.90 A map has been included for your convenience. Very truly yours, s/ Rudolph E. Lapar. P.E. MR. CLAUSEN moved the supplementary report be received and placed with the original storm drainage report. Seconded by Mr. Mills. Motion Unanimously Carried A -letter was received from Martin Leskow, Chairman, Board of Assessors, requesting permission to attend the Assessor's Seminar at Cornell University, July 5th through July llth, 1970, and also, permission to join the Institute of Assessor's Organization by taking the examination. MR. CLAUSEN moved that permission be granted all three Assessors to attend the Seminar at Cornell; also Mr. Leskow be granted permission to take the examination to join the Institute of Assessors Organization and that the legitimate expenses they in- cur become a Town charge. Seconded by Mr. Finnan. Motion Unanimously Carried The following letter was received and read: May 6, 1970 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Brack Construction Corp. v. Leskow (1968 proceeding) Gentlemen: 1 41 The above captioned tax certiorari proceeding was commenced in August 1968 to obtain a judicial review and reduction of the 1968 assessment of the Ashley Apartments. This firm was retained to defend the suit. Some time ago we brought on a motion in the New York Supreme Court to dismiss the petition and to quash the proceed- ing for jurisdictional defect. We are pleased to advise you that the motion was granted and that an order dismissing the petition and quashing the proceeding was entered on January 23, 1970. Petitioner's time to appeal from the order hasexpired thus, the litigation has been terminated on the merits in favor of the respondent Assessors of the Town of Wappinger. Very truly yours, s/ Joseph D. Quinn, Jr. MR. MILLS moved the above letter be received and placed on file. Seconded by Mr. Clausen. Motion Unanimously Carried A letter had been received by Mrs. E. Hausch asking that some- thing be done about the entrance to Reese Park that runs adjacent to her property on South Ave. Rt. 9D. She complains about mischievous boys and people on her property. Mr. Clausen reported that he had spoken to her, but before he and Mr. Finnan could offer any recommendations, they want to check the status of a right-of-way that comes out on Rt. 9D and borders Reese Park and also get the Recreation Commissions' thinking on whether we should put a post up to stop traffic from entering Reese Park. A full report will be forth coming. A proposed Code of Ethics had been submitted by the Attorney to the Town, as requested by the Board. Mr. Mills commented he felt it was as good as anything around and saw no reason not to propose it. Mr. Clausen asked that action on this be held over until Monday, as he hadn't had an opportunity to study it. Mr. Diehl commented that he hadn't had an opportunity either to go over it. Mr. Holt stated that the proposal reflects in no way on any member of the Town Government, merely clarifying what is expected of a person serving the Town, and would be willing to adopt it. 102 MR. CLAUSEN moved this matter be tabled until the meeting on May 18th. Seconded by Mr. Mills. Motion Unanimously Carried The following Ordinance was introduced by COUNCILMAN CLAUSEN, and seconded by Councilman Mills: BE IT RESOLVED by the Town Board of the Town of Wappinger, Dutchess County, New York, pursuant to the authority conferred by the laws of the State of New York, as follows: Section 1. The Town of iWappinger Zoning Map adopted January 29, 1963, as amended from time to time is hereby further amended by rezoning the following described parcels of land which are presently zoned RD -20 and HB -1 so that both of said parcels are zoned in their entirety HB -1: Parcel I, Lot #46, Block 1, town of Wappinger Tax Map #62 Parcel II, Lot #48, Block 1, Town of Wappinger Tax Map #60 Section 2. This Ordinance shall take effect immendiately upon adoption, posting and publication as provided by Town Law. MR. CIA USEN moved this Amendment to the Zoning Ordinance be referred to the Dutchess County Department of Planning and the Town Planning Board. Seconded by Mr. Mills. Motion Unanimously Carried The following Resolution was offered by COUNCILMAN MILLS, who moved its adoption, seconded by Councilman Holt: A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND .IN AND FOR THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $16,000, ADJOINING THE PRESENT SITE OF THE TOWN HIGHWAY GARAGE OF SAID TOWN, AND AUTHORIZING THE ISSUANCE OF $16,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The acquisition of land in and for the Town of Wappinger, Dutchess County, New York, adjoining the present site of the town highway garage of said Town is hereby authorized at a maximum estimated cost of $16,000. Section 2. The plan for the financing of such maximum estimated cost is by the issuance of $16,000 serial bonds of said Town, hereby authorized to be issued therefor pursuant to the Local Finance Law. 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; provided, however, that the maximum maturity of the serial bonds herein authorized will not exceed five years. 103 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 obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town , a tax sufficient to pay the princi- pal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. if: Section 6. The validity of such bonds may be contested only 1) Such bonds are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not sub- stantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in W&SD News, the official newspaper of said Town, together with a notice of the Town Clerk in substantially the form provided by Section 81.00 of the Local Finance Law. 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 G. Donald Finnan Aye Harry Holt Aye James Mills Aye The resolution was thereupon declared duly adopted. The following Resolution was offered by COUNCILMAN MILLS who moved its adoption: WHEREAS, the Town of Wappinger Planning Board has submitted to the Town Board of the Town of Wappinger a land use proposal for the area in the vicinity of the Dutchess County Airport, and WHEREAS,said plan takes into consideration the proposed relocation of certain highways located in the Town of Wappinger, and 104 WHEREAS, it is important to the Town of Wappinger for its future development that the relocation of said highways be in keeping with the orderly development of the Town, and WHEREAS, the Town of Wappinger Planning Board development plan indicates a relocation of Route 376 in the general area as shown on the attached map, and WHEREAS, said redevelopment plan further indicates the location of the west Dutchess highway togerher with an inter- change in a location which will provide convenient access to the Dutchess County Airport and to a relocated Route 376 and, WHEREAS, the Town Board of the Town of Wappinger has reviewed said plan as proposed by the Town Planning Board and found the same to be a good and sufficient plan providing for the orderly development of the Town of Wappinger, Now, therefore, BE IT RESOLVED, that the Planning Board is hereby authorized and directed to contact the County of Dutchess Planning Deparment and the New York State Department of Transportation to arrange a meeting with said agencies and to present the attached plan to said agencies and to urge its approval by said agencies. BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to forward a copy of this Resolution together with a map attached thereto to the Town Planning Board, the County Planning Board, and the New York State Department of Transportation. Seconded by: Councilman Holt Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Aye Councilman Finnan Aye Councilman Holt Ave Councilman Mills Ave A Resolution Authorizing the Construction of Necessary Works for the Protection and Maintenance of Town Highways in and For the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $700,000.00, and Authorizing the Issuance of $665,000 Serial Bonds and $35,000 Capital Notes of Said Town to Pay the Cost Thereof, was read. MR. CLAUSEN moved the rules be suspended to permit questions from the floor, seconded by Mr. Holt and carried. Mr. Cornell asked about the permissive referendum if this meant no referendum, unless the people call for one. He was answered that this is correct. Mr. William Corlough asked if the drainage program covered a certain area or varied portions of the Town. 1 0 Mr. Cornell asked if the areas would be published. MR. CLAUSEN moved the rules be resumed, seconded by Mr. Holt and carried. The following resolution was offered by COUNCILMAN FINNAN, who moved its adoption, seconded by Councilman Mills, to -wit: BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The construction of necessary works for protection and maintenance of town highways in and for the Town of Wappinger, Dutchess County, New York, consisting of a drainage system for surface waters with pipes, gutters and other drainage facilities, including lands or rights in land, is hereby authorized at a maximum estimated cost of $700,000. Section 2. The plan for the financing of the aforesaid specific object or purpose is as follows: a) By the issuance of $665,000 serial bonds of said Town of Wappinger, New York, hereby authorized to be issued therefor pursuant to the Local Finance Law; and b) By the issuance of $35,000 capital notes of said Town hereby authorized to be issued pursuant to the Local Finance Law. All further powers in connection with the details and sale of said capital notes are hereby delegated to the Supervisor of said Town, the chief fiscal officer. 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 3 of paragraph a of Section 11.00 of the Local Finance Law, and that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The aforesaid capital notes will be used prior to the issuance of such bonds or any bond anticipation notes, and shall constitute the down payment required by Section 107.00 of the Local Finance Law. Section 5. 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 obligations as the same become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section ,6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated,to the Supervisor of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner as may be prescribed by said Superivosr, consistent with the provisions of the Local Finance Law. Section 7. The validity of such obligations may be contested only if: 106 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the. the provisions of the Constitution. Section 8. Upon this resolution taking, effect, the same shall be published in full in the W&SD News, the official newspaper of said Town, together with,a notice of the Town Clerk in sub- stantially the form provided by Section 81.00 of the Local Finance Law. Section 9. This resolution is adopted subject to permissive referendum. 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 Holt Aye Councilman Mills Aye The resolution was thereupon declared duly adopted. An Ordinance requiring Driveway Permits and establishing pro- cedures for the issuance thereof was read. Mr. Clausen called for a suspension of the rules. Denied for a lack of a second. The following Ordinance was introduced by COUNCILMAN MILLS, who moved its adoption: BE IT ENACTED by the Town Board of the Town of Wappinger, as follows: Section 1. Legislative intent. The current practice in the Town of Wappinger is to provide for public street dedications, which said streets are to be at least 50 feet in width. Said streets are generally paved to an extent averaging 28 feet in width thus requiring many property owners to extend their drive- ways over the public highway to the paved portion of said roadway. As a result of the aforementioned, it often happens that in the installation of private driveways it causes interference with or damage to the public highway. In order to insure the proper maintenance of town highways, all driveways must be installed and maintained in accordance with standards established by the Ordinance and a permit issued by the Town Highway Superintendent prior to its installation or prior to any repair thereof which will change the character of said driveway. 107 Section 2. No person shall install or construct a private driveway with access on a public street without first obtaining a permit from the Town Highway Superintendent. Section 3. Prior to the installation or the repair of any portion of a private driveway at the point which said driveway enters the public highway of the Town of Wappinger, the owner or agent making said installation or repairs shall apply to the Town Superintendent of Highways for a driveway permit on written forms provided by the Highway --Superintendent. Section 4. Upon the receipt of said application the Highway Superintendent shall make a physical examination of the proposed driveway and shall determine whether or not the proposed location of said driveway and the width thereof are in keeping with the proper maintenance of town highways and he may thereafter issue a written approval of said driveway setting forth the width thereof and the nature of any improvements required. Section 5. The Superintendent of Highways may deny an application for a driveway permit in the event he determines that the proposed location or manner of construction will cause damage to the public highway or in the event he deter- mines that the location of said driveay or manner of said construction will cause a safety hazard to those traveling on the said public highway. Section 6. Upon the receipt of thewritten approval of the Highway Superintendent, the owner or agent may proceed to install said driveway in_accordance_with said approval and shall there- after not deviate from the terms of said approval without further application to the Town Superintendent. Section 7. The Town Highway Superintendent is hereby authorized to remove any driuways within the public right-of-way which do not conform to the specifications as set forth in any permit granted tothe agent or the owner or any driuways for which a permit has not been granted. Section 8. A person who shall violate the provisions of this Ordinance shall.be guilty of an unclassified offense and upon conviction thereof may be fined a sum not to exceed $10.00 for each violation. Each day that the violation shall continue shall be deemed a separate offense. Section 9..: This Ordinance shall take effect immediately upon adoption, posting and publication as provided by Town Law. Seconded by: Councilman Clausen MR. MILLS moved,a Public Hearing be set for June 8, 1970, at 7:30 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York, to hear all persons either for or in opposition to an Ordinance Requiring Driveway Permits and Establishing Procedures for the Issuance Thereof. Seconded .by Mr. Clausen. Motion Unanimously Carried A Resolution Amending the Town of,Wapp.inger Highway or Street Specifications dated March 20, 1968, was read. 1' 108 Mr. Mills called for a suspension of the rules. Denied for lack of a second. The following Resolution was offered by COUNCILMAN CLAUSEN, who moved its adoption: WHEREAS, the Town Board of the Town of Wappinger had previously adopted and confirmed the specifications for the approval of public streets and highways of the Town of Wappinger as prepared by Rudolph E. Lapar under date of March 20, 1968, and WHEREAS, by reason of increased costs said street specifica- tions require amendment. Now, therefore, BE IT RESOLVED, that the Town of Wappinger Street Specifications dated March 20, 1968, are hereby amended as follows: Section 1. Paragraph 3 under title "SECURITY" is hereby amended to. read as follows: For computation of the amount of security, the following table will be used: TABLE OF RATES FOR COMPUTING TOTAL AMOUNT OF SECURITY FOR ROADWAY: FOR ROADWAY: Rough Grade. $3.50. Per,Lineal Ft. Foundation Course 5.00 Per Lineal Ft. Surface (Oil & Stone) 1.50 Per Square Yd. Surface (Asphalt Conc.) 3.00 Per Square Yd. Excessive Cuts &.Fills (Over 5 ft.......Lump Sum Maintenance Security 20% of Total Cost of Road For each Linear Foot of Storm Drain Pipe: 15" Round or 18" x 11" Oblate 18" Round or 22" x 13" Oblate 21" Round or 25" x 16" Oblate 24" Round or 29" x 18" Oblate 30" Round or 36" x 22" Oblate 36" Round or 43" x 27" Oblate 48" Round or 58" x 36" Oblate $8.00 9.00 11.00 12.00 16.00 21.00 30.00 Rates for pipe over 48" diameter, for concrete culverts and for bridges shall be established by the Town Supt. of Highways. For Each Inlet Basin: Up to 5 feet in depth For each addt'l ft to 10 ft. For each addt'l ft. over 10 ft. For each Vertical Ft. Manhole: For each Cubic Yd. (or fraction of Concrete Headwall: For each Block Headwall: For each Monument: For each Street Name Sign: For each Linear Ft. of Curbing: For each Linear Ft. of Sidewalk: $350.00 50.00 75.00 75.00 180.00 150.00 20.00 25.00 4.00 6.00 Section 2. The paragraph designated "EASEMENTS" is hereby amended: EASEMENTS 1? 1109 The -developer shall dedicate to the Town by recordable instru- ment all easements as shown on the plat. All drainage easements must have a minimum width of 25 feet and shall include the right to enter upon said property for the purposes of installing, main- taining and repairing the pipe or pipes as placed in said easement. It is the policy of the Town that all storm drainage be enclosed in drainage pipe and all easements shall contain provision pro- viding for the right to install underground pipes and to discharge storm water therein. The developer shall also install in said easements pipe of a size sufficient to provide for present and future run-off. Where it is proposed that storm water be drained from the street or highway or from other lands of the developer to the perimeter of the developer's property, easements shall be pro- vided -in recordable form and free and clear of all liens from the adjoining owners permitting the discharge of storm water drainage unto such adjoining lands. The developer shall provide an attorney's certificate of title indicating that the above mentioned easements and rights to discharge surface water are free and clear of all liens. Section 3. This Resolution shall take effect immediately upon adoption and shall apply to all plats or offers of road dedication which have not received preliminary approval by the Town Planning Board as of the date of its adoption. Seconded by: Councilman Mills Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Aye Councilman Finnan Aye Councilman Holt Aye Councilman Mills Aye Carried: May 11, 1970 RESOLUTION AUTHORIZING BUILDING INSPECTOR TO MAKE INSPECTION OF REAL .'RROPERTY IN TOWN The following Resolution is offered by SUPERVISOR DIEHL, who moved its adoption: WHEREAS, a development known commonly as Chelsea Ridge Apartments had previously received site plan approval by the Town Planning Board of the Town of Wappinger, and WHEREAS, said development falls within the purview of the Multiple Residence Law of the State of New York, the New York State Building Code and the Ordinance for the enforcement of the New York State Building Code, now, therefore, BE IT RESOLVED, that the Town Building Inspector and Zoning Administrator, Joseph E. Ludewig, or his duly designa- ted agent, is hereby authorized and directed to take such steps as he deems necessary to enter upon any real property for which building permits and site plan approval has been given to determine whether or not said building or developments are constructed and maintained in accordance with the afore- mentioned Town Ordinance and New York State statute and any 110 site.plan approval as.granted ..by the Town -;Planning: Board. Seconded by: Councilman Clausen Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Aye Councilman Finnan Aye Councilman Holt Aye Councilman Mills Aye Carried: May 11, 1970 It was noted that two Local Laws were to be submitted by the Attorney for the Fleetwood Water and Sewer Districts. The Attorney was not present to present the Board with the Local Laws whereby Public Hearings for them could not be set. MR. MILLS moved that setting a date for a Public Hearing on the rates for the Fleetwood Waterand Sewer Districts be tabled until Monday night (May 18, 1970) at which time a Special Meeting was scheduled and this matter could be included as business to come before the Board. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Mills commented on an article in the papers indicating Wappingers spots that are tops for car crashes - Rt. 9 intersections with Hopewell Road, Myers Corners Road, and New Hackensack Road. This only lends credence to what the Board has been saying right along, and reaffirms the thought of continued diligence in letter writing to the proper parties to make them understand that the Town does have a problem and to try to get traffic control in its proper perspective. Mr. Mills had a.question on the Sanitary Landfill which was, do any of the employees loose any of their rights on retirement etc, in transferring from the city of Poughkeepsie to the Landfill Operation. Mr. Diehl answered that it was his understanding that they have all retained their same rights and benefits. Mr. Bisom asked if anything had been done about the speed limit on Myers Corners Road, and also finishing that portion of Myers Corners from Losee Road to Route 9. Mr. Cornell brought up the denial of the North Wappinger Sewer 111 Improvement. He read the third page of the denial, then commented that the people of Wappingers have been badly damaged by the denial from an illegal act, claiming that by committing an illegal act the Board looses its immunity and become answerable in person. He then asked if Attorney Quinn had been paid for this and if so how much. And, what is the Town going to do. It's a fraud before the Town, and the Board had been warned on numerous occasions. Mr. Diehl answered that North Wappinger was finished, Mr. Quinn has not been paid, and the rest is Mr. Cornell's opinion. This was the first time that Audit and Control had advised the Town of the reasons. Audit and Control makes the decision, and their decision has been accepted. John Costa, noting the resolution regarding inspection of the Chelsea Ridge Apartments ponds, and noting that he was one of the parties involved, would like to have Mr. Lapar look at his land, and would like to be notified when Mr. Lapar makes his inspection. Mr. Fulton said his purpose for attending tonight was the item on the Agenda regarding the Hilltop Water Works petition for an amendment to a Certificate of Incorporation. First he pointed out that that this Certificate of Incorporation is now in litigation in court, and hoped the Board would not consider anything submitted by Hilltop Water Works until these cases clear the Court. It was his contention also that, back in 1965 this Water Works Corporation was given illegal consent, and any amendment to the consent would only compound the illegality of it. Mr. Lafko asked if the amendment-to the Road Specs was now in effect, and then asked the Attorney a few questions regarding the amendment. He then asked Mr. Diehl if he has read, and been advised by the Attorney to the North Wappinger Sewer district on why it was denied and really know why it was turned down. Did he know that it wasn't turned down because of the contract with L&A, it was because Mr. Quinn would not certify to the value, over in the Rockingham District, of $206,000.00 as the purchase price, Mr. Lafko continued in the same vein of commentary and accusations 112 regarding the denial of the North Wappinger Sewer Improvement and ending by saying the Town Boardis acquiescent of fraud, and present members that were on the Board fraudulantly negotiated with L&A. He thinks it should be the duty and responsibility to the people in this area to find out why Mr. Rappleyea nor Mr. Quinn didn't move in a manner the second time to get it approved. Mr. Diehl pointed out that what Mr. Lafko had said was not in the report, strictly his opinion. Mr. Worona went back to the amendment to the Road Specs. Respect- fully pointing out to the Board, that with the knowledge that there are several preliminary developments before the Planning -Board wouldn't it have been wiser to publish the proposed amendments or alerted the Planning Board that the Town Board proposed to amend the specs, as these developers might be very seriously affected, so they might have been able to explore them in depth. Before any Road Specs or anything that seriously affects property are adopted that sufficient information be first advanced to the public at largeandparticularly those that would be most seriously affected by them, that they might appear and be heard. Mr. Cornell added that he would like to see a Public Hearing on all changes of Road Specs, so the public can find answers to the advantages of future amendments. Mr. Eck spoke on the North Wappinger Sewer Improvement saying that the. District could be saved if the Town Board gets their heads out of the sand and get the people who are opposed to Mr. Quinn - sit down with these few people and work out a way that we can get this District within 4 to 6 months a reality. When Mr. Mills asked who these people would be, Mr. Eck replied that he, Mr. Fulton and Mr. Lafko would be on this committee. Mr. Luke Little stated that at the last meeting he had submitted a letter to the Board on behalf of the Wappinger Conservation Asso- ciation and wondered when it would be appropriate to expect an answer to it. 113 Mr. Clausen said the Board was probably negligent in not answer- ing the letter, but it would more than likely necessitate a meeting with the Association, or some of their representation, to discuss it openly. Vincent Brancato asked, now that the North Wappinger Sewer Improve- ment is no longer a reality,what recourse do several of the Devel- opera, who have been for several years granted extensions on pre- liminary approval in this area (Hankin & Lesofsky) have, wla is there next step? Mr. Diehl noted that the Board was aware of this situation, but at this point, have made no definite steps for another direction at this time. Joseph Worona, back on the amendment to the Road Specs, requested the Board review their action. Discussion followed between Mr. Alpert, Mr. Lapar, Mr. Lafko and Mr. Worona regarding application of the new Road Specs and the amendment as applicable to the Devel- opers. Mr. William Carlough, Royal Ridge, got involved in this discussion, asking how long a resident had to live with dust, mud, and unfinished roads, which evolved into a discussion with Mr. Holler, Deputy Building Inspector, on procedures of C.O's and Mr. HOrton on the roads and drainage. Mr. Worona concluded by suggesting the enforcement of existing regulations rather than additional regulations that will stifle the Developer all together. MR. HOLT moved the meeting be adjourned, seconded by Mr. Mills and unanimously carried. Meeting adjourned at 11:10 P.M. Elaine H. Snowden Town Clerk WARRANT To LOUIS_ Da _ 113iFc , Supervisor Town of SIAPPitiGiR , County of.DUSR , New York. The following claims, having been presented to the Town Board of the Town of idtAPPI1IC ER , and duly audited and allowed at a meeting thereof held on the ..11thday of Ma , 19_?Il__, 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 AMOUNT FUND OR No. ALLOWED ACCOUNT 194 Custom Cleaning Contr. 5.0( 509 195 Rudolph E. Lacer 604 204 Carl Swenson 205 R. A. Williamson 206 I Robert Magdalany 207 1 Mary T. Babiars 208 1 Jean A. Mato 209 Asscd Hosp. Service 70. + 1408 16.7( 1402 lam. 506 611 f66� X308 R73 -6G 1111 505 50,0( 1312 750.0(Vti 1312* 34.5( /308 3.611 903 10.0( 609 210 Sykes, Gallaway$Dikeman 225.++ 1308 211 1 Marine Midland Hank I 212 I The Pendell Pre** 1 I I 214 The Pendell Press 215 The Pendell Press 216 Burroughs Corp. 2.0j 707 1.8.9.1 509 15.2$ 707 53.0 1.002 26.61 509 OTHER INFORMATION P_A_Eolc 3129 Poughkeepaie Pine Ridge Dr. W.F.N.Y. 120 Broadway N.Y.N.Y.10005 347 Main St. Poughkeepsie P.O.Box3072 Boston, Mass In Witness Whereof, I have hereunto set my hand and the Seal of the Town of Wappinger this 12th day of May , 1970 Town Clerk [SEAL] WARRANT Manx= lailS.D....D3=1, , Supervisor Town of NAPPING= , County of 50,...J.....raiaz , New York. The following claims, having been presented to the Town Board of the Town of __NAPPING= , and duly audited and allowed at a meeting thereof held on the .11th_day of Any , 19...70, 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 AMOUNT FUND OR No. ALLOWED ACCOUNT 217 Xatrinka Somme _ZS Theresa. P.. Arkell 22.60 1208 Macfarland Rd. 219 Pitnev-Bowes Inc. 45.00 220 156,2b....2161dt 6 221 New York State Assessors 1208 767 LindberOh Av.Peekskill Association 222 IBM Coro. 476,1 507 OTHER INFORMATION 22.60 1208 Lake Oniad Dr. WP. 505 walnut G Pacific Sts.Stanford, 406904 23 Jt. J. Brooker Co. inev 224 Xerox Corp. 225 Chester Satx.Co. Inc. 226 Chester Sat* Co, Inc. 509 4.41 1405 Coo`c 227 The Beasley Agency Inc ?'"?(.1_o6 ! 3dc 228 Classter Bats Co.. inc. 25.00 144.32 g 3. 015 31.0t Post Office Bldg. 229 Acme Lew Book Co. Inc. 7.5 710 Amityville. N.Y. 11701 230 W.& S.D. News 37 307 231 Great Bear Spring Co. 21.501 505 232 Williamson Law Book Co. 26.35 710 233 Central Hudson 8.10. 912 L4t02 1408 55.25 234 Goldlief Reproduction 86.45 1411 3.8,00 235 Goldlief Reproduction 440,75 1402 236 James T. Guarino 120.901901 237 Janes T. Guarino 119.901901 238 Nessrs.Quinn a Reilly 1375 239 VInces Oil Service 10.1 611 In Witness Whereof, I have hereunto set my hand and the Seal of the Town of .PP 12th WS MY this ... ..... .. day of , 19 70 Town Clerk (SEAL) WARRANT To IOUS ..1/...121ELH , Supervisor Town of wArmans. , County of iii,40.416SS , New York. The following claims, having been presented to the Town Board of the Town of WAPPINGER. and duly audited and allowed at a meeting thereof held on the u,t,h___day of May , 19.70,.., 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 AMOUNT FUND OR No. ALLOWED ACCOUNT OTHER INFORMATION 240 'Vince's Oil Service s 117,o% SOP 2.43aantralAudim 1,21.255013 242 'Vince's Oil, Servize 41.67 508 243 Dept. of Water Supply 7,33 505 villagenf W.P. Ucmestead 244 Nev 'IOrk Te1ephc1e 359S41 -- 508 245 R. H. Linaec_Lma. 75.79 1002 P-O,Uom 151 Wills: 246 N & $ Supplv Corp. 28.79 1003 247. ,..47inaes Collier 25.00 i pimp awes_ wilghsonw4lip,e_Nor. 248 James Collier 20,00 1002 249 Bdna C. Winters 4.42 1002 Kent M. RD02 W.F. 1208. 28410 250 George Schlathaus 39,40 1002 10,80 251 Urev Hardware Co. 31-41 1(101 &dm Charles Halaskar. 253 Mein& C- Wintors 254 Hugh J. Maurer 255 Jahn Pray 256 Ralph Vinall 257 Outchess County Soil fi 25..50 1002 1141...501.001 1208 42.00 CAta§0 1002 18.60 570.00 1002 11 Seneca Lane. M.P. 78.00 1002 1.6 Buchanan St. deacon 12508 Pars and HOse Center Water Cboservation Dist- 6.00 1002 Millbrook, N.Y. 12545 In Witness Whereof, I have hereunto set my hand and the Seal of the Town of Napping= this 32#1 day of flay ... . ....... 19._.70 [SEAL] Town Clerk SPECIAL DISTRICTS WARRANT To LOVI45.. P,PX.W , Supervisor Town of kliAPRIMISR. County of LAUCESSS , New York. The following claims, having been presented to the Town Board of the Town of WAPPINGER , and duly audited and allowed at a meeting thereof held on the ...11.tbday of lay , 1970...., 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 66 N & S Supply Corp. 67 Central. Hudson 68 _The Pendell Preps 69 masdh Landscapina 70 Central Hudson Texaco Inc. 71 P.O.Hox830,Newburgh 72 Centikal Hudson 73 R.,U. Lince, Inc. 74 Axton -Cross CO. 75 Central Hudson 76 Central Hudson 77 George W. Dennis AMOUNT FUND OR ALLOWED ACCOUNT 28.24 1520 279.76 1511 1510 12.50 1511 1510 195.75 1511 105.90 1§29 110 25.50 jg 161.73 1510 1.69 1510 23.08 1509 112.44 1509 105.51 1519 37.50 1519 OTHER INFORMATION 169.50 26.25 pooewell Rd. W.F.N.Y. 8.50 ea. In Witness Whereof, I have hereunto set my hand and the Seal of the Town of Wapp3.nger this 12th May day of , 1970 Town Clerk [SEAL]