1969-12-29 SPM502
A Special Meeting of the Town Board of the Town of Wappinger was
held December 29, 1969 at the Town Hall, Mill Street, Wappingers
Falls, New York.
Supervisor Diehl called the meeting to order at 7:10 P.;M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
G. Donald Finnan, Councilman (Tardy)
James Mills, Councilman
Absent:
Leonce Heady, Councilman
Others Present:
William Horton, Superintendent of Highways
Allan Rappleyea, Attorney to the Town
Bills presented for payment were in the following amounts:
Highway Fund$2,668.83 OKS&W $1,591.22
General Fund 6,736.26 Fltw.W&S 138.15
MR. MILLS moved thebills be paid, subject to audit.i Seconded.by
Mr. Clausen and carried.:(3Ayes)
The following resolution was offered by MR. CLAUSEN who moved its
adoption:
RESOLVED, that the sum of $41.00 be transferred from Acct.
#507, purchase of furniture & equipment, to Account #506, compensa-
tion of employees in order to eliminate an overdraft and reimburse
said account and rectify and confirm the previously unauthorized
appropriation, and further
RESOLVED, that the sum of $8.80 be transferred from Acct.
x#507, -purchase of furniture & equipment, to Account #901 Dog
Warden in order to eliminate an overdraft and reimburse said
account and rectify and confirm the previously unauthorized
appropriation.
Seconded by: Mr. Mills
Moll Call Vote: ,3 Ayes
The Town Clerk presented to the Board the following Proposition:
SHALL THE BOND AND CAPITAL NOTE RESOLUTION dat d November
10, 1969,.:dily adopted by.,the Town Board of the Tow of Wappinger,
Dutchess County, New York, on said date authorizing the issuance
of $29, 560:00 :serial bonds -and; $1, 560:00 capital..no es of -said
Town, to pay the cost of the acquisition of approxi ately.52.1
acres of :lard located on -A11 ,Angels Road in -said To n, , to be
used for park purposes; determining that the mazimun, estimated
cost of:said purchase of said lands is $78,000.00 and that the
plan for financing thereof is by the issuance of the aforesaid
serial. bands and capital notes and a grant from the State of
New York in the sum of $46,880.00; delegating all further powers
in connection with the details and sale of said capital notes
96
, and determining that the proceeds from the sale thereof will be
provided as the required down payment; determining that the period
of probable usefulness of said land is thirty years, and that the
maximum maturity of said serial bonds will exceed five years;
pledging the faith and credit of said Town for the payment of
the principal of and interest on said obligations; delegating
to the Supervisor power to authorize and sell bond and antici-.,
pation notes; containing an estoppel clasue; be approved?
The following resolution was offered by COUNCILMAN MILLS who moved
its .adoption, seconded by Councilman Finnan, to wit:
A RESOLUTION CALLING A SPECIAL ELECTION OF
THE TOWN OF WAPPINGER, AND PROVIDING FOR
CTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, the Town Board of the Town of Wappinger, Dutchess
County, New York, duly adopted a bond and capital note resolution
on November 10, 1969, authorizing the issuance of $1,560.00 in
capital notes and $29,560.00 in serial bonds to pay the cost of
the purchase of 52.1 acres of land on All Angels Road, in the Town
of Wappinger, to be used for park purposes, which resolution was
subject to a permissive referendum; and
WHEREAS, on December 8, 1969, a petition containing the names
of at least five per cent of the voters of the Town of Wappinger
who cast ballots at the last gubernatorial election was filed
with the Town Clerk; and
WHEREAS, the Town Clerk has prepared and transmitted to the
Town Board a form of proposition for approval of such resolution
in accordance with Section 92 of the Town Law; and
WHEREAS, the Town Board is now requiredto call a special
election for the submission of said proposition; NOW, THEREFORE,
BE IT
RESOLVED, by the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
Section 1. A special election of the qualified voters of the
Town of Wappinger, Dutchess County, New York, shall be held on
the 20th day of January, 1970, for the purpose of voting upon the
proposition referred to in the preambles hereof. Voting shall be
by machine and the polls at such special election shall be kept
open between the hours of 12 noon o'clock and 9:00 o'clock P.M.
Eastern Standard Time. The places at which the qualified voters
of each election district shall vote are fixed as follows:
1. Voters of District Nos. 1,2,3,4 and 5 shall vote at the
Town Hall, Mill Street, in the Village of Wappingers Falls, New
York.
2. Voters of District Nos. 6,7,8,9 and 10 shall vote at
New Hackensack Fire House, Myers Corners Road, Wappingers Falls,
New York.
3. Voters of District Nos. 11,12,13, and 14 shall vote at
Hughsonville Fire House, Old Hopewell Road, Hughsonville, New York.
Section 2. The Town Clerk of,said Town is authorized and
directed to give notice of such special election by publication
in W&SD News the first publication of such notice to be made at
least ten days prior to the time of such spectial election. In
addition, the Town Clerk shall post or cause to be posted a copy
of such notice on the Sign Board maintained pursuant to subdivision
6 of Section 30 of the Town Law at least ten days prior to such
4
election. - Said notice shall be in substantially the following
form, to -wit:
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN that a special town election of the
Town of Wappinger, Dutchess County, New York, will be held in said
Town on the 20th day of January, 1970, at which the polls will be
kept open between the hours of 12 -o'clock noon and 9.Q0 P.M.
Eastern Standard Time, for the purpose of voting by machine on
the following proposition:
PROPOSITION
Shall the Bond and capital note resolution dated Novemberl0,
1969, duly adopted by the Town Board of the Town of Wappinger,
Dutchess County, New York, on said date authorizing the issuance
of $29,560.00 serial bonds and $1,560.00 capital notes of said
Town, to pay the cost of the acquisition of approximately 52.1
acres of land located on All Angels Road in said Town, to be used
for park purposes; determining that the maximum estimated cost of_
saidpurchase of said lands is $78,000.00 and that the plan for
financing thereof is by the issuance of the aforesaid serial bonds
and capital notes and a grant from the State of New York in the
sum of.$46,880.00; delegating all further powers in connection with
the details and sale of said capital notes and determining that
the proceeds from the sale thereof will be provided as the required
down payment; determining that the period of probable usefulness
of.said land is thirty years, and that the maximum maturity of said
serial bonds will exceed five years; pledging the faith and credit
of said Town for the payment of the principal of.and interest on
said obligations; delegating to the Supervisor power to authorize
and sell bond and anticipation notes; containing an estoppel clause;
be approved?
A copy of the resolution described in the aforesaid propo-
sition is on file in the office of the Town Clerk of said Town,
located at Town Hall, Mill Street, in Wappingers Falls, New York,
and may be examined by any interested person during business hours.
A person shall be entitled to vote upon the proposition provided
he or she is an elector of the Town of Wappinger, Dutchess County,
New York, and the owner of property in such Town assessed upon the
latest completed assessment roll of said Town.
The places at which the qualified voters of each election
district shall vote are as follows:
1. Voters of District Nos. 1,2,3,4 and 5 shall vote at the
Town Hall, Mill Street, in the Village of Wappingers Falls, New
York.
2. Voters of District Nos. 6,7,8,9 and 10 shall vote at
New Hackensack Fire House, Myers Corners Road, Wappingers Falls,
New York._
3. Voters of District Nos. 11,12,13 and 14 shall vote at
Hughsonville Fire House, Old Hopewell Road, Hughsonville, New
York.
Roll Call Vote: 4 Ayes, 1 Absent, 0 Ayes
Mr. Diehl asked that Mr. Clausen and Mr. Mills collaborate with
Mr. Egan and get news releases prepared to inform the public,
as much as possible, regarding the proposed Recreation Area on
All Angels Hill Road.
t
'"Discussion was held regarding the Landfill Agreement. Mr. Sappleyea
briefly pointed up the tentative perfuntory arrangements of the
agreement, and noted that the accompanying Resolution only authorizes
the Supervisor to sign the agreement with the. other participating
municipalities, at his discretion.
MR. MILLS moved for a recess in order to start the Public Hearing
scheduled for the proposed Ordinance Amending the Town of Wappinger
J Ordinance for Administering and Enforcing the State Building Con-
struction Code. Seconded by Mr. Clausen.
Motion Unanimously Carried
MR. MILLS moved to reconvene the meeting, seconded by Mr. Clausen.
Motion Unanimously Carried
Superviier Diehl called the meeting back to order at 8:18.P.M.
It was noted that the date for the Reorganizational Meeting had been
set for 7:00 P.M. on the 5th of January, 1970 at the Regular Meeting
on December 8, 1969. It appears there would be a conflict of
meetings on this date as the Town Planning Board had a Public
Hearing scheduled for the same time.
MR. MILLS moved to rescind the motion setting the time and date
of the Reorganizational for 7:00 P.M. January 5, 1970. Seconded
by,Mr. Clausen.
Motion Unanimously Carried
MR. MILLS moved to reconsider the time and date for the Reorganiza-
tional Meeting. Seconded by Mr. Clausen.
Motion Unanimously.Carried
MR. MILLS moved that the Reorganizational Meeting be set for January
5, 1970 at 6:00 P.M. Town Hall, Wappingers Falls, New York.. Seconded
by Mr. Clausen.
Motion Unanimously Carried
Mr. Mills stated he had received information from the Committee of
Dutchess 1990 along with a suggested resolution included. He ex-
plained briefly the text of the Resolution and what the study covers,
and, noted that the Town wouldn't have to pay until probably April
1971.
5 0 6 ,4
MR. MILLS moved the rules be suspended to allow a question from
Mr. John Schouten, seconded by Mr. Clausen and carried.
Mr. Schouten asked if this was the same study that East Fishkill
was involved in, and dropped out of, and what was their reason
for dropping out.
Dr. Engelman asked if the study would touch on Sewers and Water
tables.
MR. CLAUSEN moved the rules be resumed, seconded by Mr. Mills
and carried.
The following resolution was offered by COUNCILMAN MILLS WHO
moved its adoption:
WHEREAS, the Town of Wappinger, in order to provide for a
planning study contributing to an overall program for its future
community development, desires to participate jointly with the
City of Beacon, Town of Fishkill and Villages of Wappingers
Falls and Fishkill, in the Federal -State Comprehensive Planning
Assistance Program as authorized by Section 701 of the Housing
Act of 1954, as amended, and Article 19-k of the New York State
Executive Law, and
WHEREAS,. the New York: State Office_ of Planning Coordination,
under authority of Article 19-k of the New York State Executive
Law, is the officialStateplanning agency designated to adminis-
ter Federal and State funds under the provisions of Section 701
of the Housing, Act of. 1954, ..as amended, now therefore be it
RESOLVED, that the Town Board of the Town of Wappinger hereby
requests the New York State Office of Planning Coordination to
provide planning assistance under authority of Article 19-k of the
New York State Executive Law, with such financial assistance as
may be provided by the United States Department of Housing and
Urban Development, under authority of Section 701 of the Housing
Act of 1954, as amended. Such planning assistance is more particu-
larly described in the attachedproject application.
RESOLVED, that if the aforesaid application is approved and
accepted by both the Director of the New York State Office of
Planning Coordination and the Department of Housing and Urban
Development, the Town of Wappinger shall enter into a formal
agreement with the New York State Office of Planning Coordination
to undertake with the New York State Office of Planning Coordina-
tion to undertake the project described in the approved applica-
tion and to pay to the State of New York its share of the estima-
ted total cost of the said project, together with, such_other
terms and conditions as may be deemed necessary and appropriate
to carry out the said project.
RESOLVED, that the Town of Wappinger hereby agrees to have
available, in the year the project is to be completed, the sum of
three thousand five hundred dollars ($3,500.,00) as its proportion-
ate share of -the local share of the total cost of the said project,
to be paid to the State of New York, on condition that the above-
mentioned application is approved by both the Department of
Housing and Urban Development: and the_ Director.. of the New. York
State Office -of Planning Coordination.
RESOLVED, that the Town of Wappinger shall assume the costs
of operating and maintaining its own planning board or commission_
including such services as clerical personnel, office space,
equipment, materials, communication and travel, as. such costs _
cannot be charged to the Comprehensive Planning Assistance Program.
RESOLVED, that the Supervisor of the Town of Wappinger be and
hereby is.authorized and empowered to execute 'in the, name of. the
Town of Wappinger all necessary applications, contracts and agree-
ments to implement and carry out the purposes specified in this
resolution.
Seconded by: Councilman Clausen
Roll Call Vote:
Supervisor Diehl Ave
Councilman Clausen Ave
Councilman Finnan Ave
Councilman Heady Absent
Councilman Mills Aye
As a Public Hearing having been duly held December 29, 1970, on
an Ordinance Amending the Town of Wappinger Ordinance for Adminis-
tering and Enforcing the State Building Construction .Code, the
Affidavits of Posting and. Publication duly signed and notarized
were offered for the record and placed on file, and all persons_
wishing to be heard were heard, Supervisor Diehl entertained a
motion to vote on the adoption of the Ordinance.
The following Ordinance was offered by COUNCILMAN CLAUSEN, who
moved its adoption:
BE IT ENACTED by the Town Board of the Town of Wappinger,
as follows:
Section I
Section II of the Town of Wappinger Ordinance for Adminis-
tering and Enforcing the State Building Construction Code is
hereby amended to read as. follows:
"Section II. Building Permit Fees
Upon the filing of an application for a demolition
permit or a building permit, the_ following fees
shall be payable:
Demolition
Costing up to $1,000
Costing over $1,000
$ 2.00
5.00
Alterations & Repairs
Costing up to $200 , 0
Costing over $200 up to $500 2.00
Costing over $500 up to $1,000 3.00
For each $1,000 thereafter 2.00
For Building Permits
Estimated value of construction:
Up to $1,000 - minimum. fee
5.00
L
For each :additional $1,000 or
fraction thereof, up to and,
including $15,000
For each additional $1,000 or
fraction thereof, up to. $50,000
For each additional $1,000 or
fraction: thereof, exceeding
$50,000
2.00
1.00
1.00
50
All applications which include the installation of plumbing
fixtures shall include a charge for. each of the following fixtures
at the rate of $3.00 per fixture. Said charges shall be made
whether or not the fixture is included in new construction or
in a renovation:
Shower
Lavatory
Toilet
Urinal
Kitchen Sink
Utility or Mop Sink
Laundry Tray
Automatic Washer
Bath Tub
Water Heater
Drinking Fountain
Pump
Grease Trap
Floor Drain
Sewer
In the event that an application for a building permit is
not approved, the applicant shall be entitled to a refund of
50% of the fee paid, provided no construction has been commenced.
If construction work has been started and the application is
not approved, the fees paid shall not be refunded.
Section 2
This Ordinance shall take effect immediately upon adoption,
posting and publication as provided by town law.
Seconded by: Councilman Mills
Roll Call Vote: 4 Ayes
Mr. Clausen asked i.fL the delinquent billings from the Oakwood Sewer
District had been forwarded to the County for inclusion on the
State Town and County Taxes. Mr. Diehl affirmed that they had.
Mr. Rappleyea stated that he had given the Board a copy of the
decision of the court granting a preference to the Towns' action
regarding Malcolm Cornell Inc. and Peerless Insurance Company.
The case will be set down for trial at the January term of Court
naturally subject to perhaps some other municipal actions or
private preferred causes. It does appear the the Town will have
some action on the Towns' claim against Malcolm Cornell Inc. &
Peerless Insurance Company soon.
Mr. Mills asked Mr. Ludewig if he had heard anymore from Mr. Cornell
regarding the use of the model home in Wildwood II as a model for
the houses in Fishkill. Mr. Ludewig answered that Mr. Cornell had
informed ham that he was not conducting any business in that place
other than try to dispose of the three houses lef t..in Wildwood II.
Mr. Milts commended Mr. Horton on the good job of plowing the
Highway Department had been doing.
Mr. Incoronato asked about the bids that would: be,re-bid for fill
at the Landfill Site, and also asked if any negotiations had been
made with the:,County for purchasing. fill from the other_ County owned
property near_the Landfill Site. Mr. Clausen stated that by..
Wednesday he would have a report for the Board. Secondly he asked
if the Board was doing anything about undertaking further studies
on the water problem.
Discussion between Dr. Engelman, Ken Blom and Mr. Rappleyea'was
carried on about the resonsibilities and duties of the.Planning
Board, their relation to the Town Board, what areas each has
jurisdiction over and what power does the Town Board have over the
Planning Board.
MR. MILLS moved the meeting be adjourned, seconded by Mr. Clauen,
and, unanimously carried.
Meeting adjourned at 9:05 P.M.
Elaine H. Snowden
Town Clerk
Sp. Mtg. 12/29/69
To
WARRANT
P44kie , Supervisor
Town of WApptggOr , County of Dutchess , 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
.-29th-day of December , 19.69__, 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
1180 Allan E. lIapplevea
1181 I James T. Guarino 275.20 901
Gutmann 35.30 1409
ne 314.64 508
an i= Sher • 110.00 506
1185 Poughkeepsie Newspapen�JJ 1 8.85 610
1186 1W&SD 29.40 1307
1187 1W&SDNews 26.46 1307
1188 1WSSDNews 8.40 610
AMOUNT FUND OR
ALLOWED ACCOUNT
611-291.67
500.00 1308-208.33
News
1189 I W & S D News
1190 Sloper-Willen
33.18 1307
1209
1,375.04 1210
1191 Martin Leskow 9.31
1192 I Rudolph E. Leper 27.60
1193 Rudolph E. Lapar 750.00
1194 Rudolph E. Lapar 19.00
1195 Williams Press, Inc. 9.50
1196 Xerox Corporation 107.62
1197 I Mid -Hudson Oil Co.,Inc. 1191.44
1198 I Great Sear Spring Co. 16.50
1199 I Great Bear Spring Co. 5.00
1200 1
808
1409
604
1303
1409
509
505-25.00
509-82.62
508
505
505
Custom Cleaning Contractors 125.Q0 509
1201 Robert Magdalany 12,475.0( 1312
1202 Martin Leskow 1 66.761 808
OTHER INFORMATION
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of Wappinger
this 30th day of December , 19 69
Town Clerk
[SEAL]
• WARRANT
To Louis D. Diehl , Supervisor
Town of Wap.Ringe,& , County of Datchess , New York.
The following claims, having been presented to the Town Board of the Town of
Wappiager , and duly audited and allowed at a meeting thereof held on the
..29_th.day of December , 19.__69_, 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
1203 E ain 11. c men 7_Q5 509
1204 Edwin Hinzmann.Poatmastlr 200.00 509
1205 Carl Xweenaon 10.00 SO5
1,559.01:
1206 X & A Excavating Contractors 150
1509
1207 T7W — Gen Fund 18.96 1510
1208 Axton«Cross Company 13.$6 1509
1209 T/* — Gail. Fund 21.00 1511
1210
Axton Cross Companv 68.05 1520
1211 a n a s IS a 32.616 1519
1212 " " 32.65 153.9
11112 1519
1213 T/W — Gen. Fund 4.80 1520
OTHER INFORMATION
Petty Cash
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of ". Wa pin9er
this 30th day of December , 19 69
[SEAL]
Town Clerk
5Yp
A Public Hearing was held on December 29, 1969, by the Town Board
of the Town of Wappinger, Mill Street, Wappingers Falls, New York,
on an Ordinance amending the Town of Wappinger Ordinance for adminis-
tering and enforcing the State Building Construction Code.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
G. Donald Finnan, Councilman
James Mills, Councilman
Elaine H. Snowden, Town Clerk
Absent:
Leonce Heady, Councilman
Supervisor Diehl opened the Hearing at 8:10 P.M.
The Town Clerk offered for the record the Affidavits of Posting and
Publication duly signed and notarized by Beatrice Osten, Editor -
Publisher of the W&SD News. They are attached hereto and made a part
thereof of the Minutes of this Hearing.
No one spoke for or against this Ordinance.
MR. MILLS moved to close the Public Hearing, seconded by Mr. Clausen,
and carried.
The Hearing closed at 8:15 P.M.
0\c\a4kookILL,_
Elaine H. Snowden
Town Clerk
W. and S. P.
NEWS
DISPLAY ADVERTISING CLASSIFIED ADVERTISING
AX 7 - 3724
20 EAST MAIN STREET = WAPPINGERS FALLS, N.Y.
1
PLEAS• E TAKE NOTICE that the Town Board of the Town of
Wappinger will conduct a public hearing at the Town Hall, Mill Street„
Wappingers Falls, New York, on December 29, 1969, at 8:00 o'clock$
P.M., to hear all persons concerning an ordinance amending the Towns
of Wappinger Ordinance foe administering and enforcing the Stets,
Building Construction Code.
F ` AN ORDINANCE AMENDING
• THE TOWN OF WAPPINGER ORDINANCE FOR
ADMINISTERING AND ENFORCING THE
STATE BUILDING CONSTRUCTION CODE
8E IT ENACTED by the Town Board of the Town of Wappingers,
**follows; '
SECTION 1
•" Section 11. of the Town of Wappinger Ordinance for Administering
and Enforcing the State Building Construction Code is, hereby,
mended to read as follows:
1 Section 11. Building Permit Fees
Upon the filing of an application for a demoll$lon Permit or a.
building permit, the following fees shall be payable;
Demolition
• Costing up to $1,000 ; . $2.00
Costing over $1,000 5.00
Alterations & Repairs
Costing up to $200 • 0
Costing over $200 up to *500 - 2.00
Costing over $500 up to $1,000 3.00
• For each $1,000 thereafter ' 2.00
for Building Permits
Estimated value of construction:
Up to $1,000- minimum fee 5.90
• For each additional $1,000 Or
fraction thereof, up to and
Including $15,000 2.00
For each additional $1,000 or
- fraction thereof, up to $50,000 1.00
i For each additional $1,000 or
fraction thereof, exceeding $50,000 1.00
All applications which Include the installation of plumbing fixtures
gjhall include a charge for each of the following fixtures at the rate of
$3.00 per fixture. Said charges shall be made whether or not the .
fl, tura is Included in new construction or In a renovation:
Shower Bath Tub
Water Heater
Drinking Fountain
Pump,
Grease Trap
Floor Drain
Sewer
Lavatory
Toilet
Urinal
Kitchen Sink
Utility or Mop Sink
Laundry Tray
Automatic Washer
In the event that an application for a building permit is not
'approved, the applicant shall be entitled to a refund of 50% of the fee
(paid, provided no construction hes been ommenced. If construction.
work has been started and the application is not approved, the fees
yypaid shell not be refunded.. ,
SECTION 2
This Ordinance shall take effect immediately upon adoption,
ftdsting and publication as,Provided by town law. -
- Introduced By: Councilman Clausen;
Seconded By: Councilman Mills
•
AFFIDAVIT OP PUBLICATION •
State of New York,
County of Dutcheu.
Town of Wappinger.
Beatrice Osten
of the
Town of Wappinger, Dutcheu County, New Yak,
being duly sworn. says that9be is. and R the several
times hereinafter was, thCATEditQT..P11.bliSheuf
W. & S.D. NEWS. a newspaper printed and published
every Thursday In. the year in the Town of Weppinger,
Dutcheu County. New York, and that the annexed
NOTICE was duly published in the said newspaper fot
....911 ..week succeuive}l}y�...Qnce,.in each week.
commencing on the... oktl 1b .day of.P.4r1=.4cMIPPr
19kg, and on the following dates thereafter, namely on
and ending on the ...)$$ ..day of.P'•C.
1963 both days inclusive.
Subscril
this...
nd sworn to befote,me /i/1
day of ., • .'117J.:14.-. 19.E .
: 0., . •: • b.
Notary Public
My commission expires..
1 •