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1969-11-10 RGMAGENDA - TOWN BOARD NOVEMBER gym, 1969 1. Supervisor call meeting to order 2. Roll Call 3. Accept Minutes 4. REPORTS OF OFFICERS Bldg. Insp. Bills: Gen. Fund SZv oKwD .(4/ `IS- OKSD :Ti `1 -° Town Justices 1 3.) - Highwayf� Fleetwood WD 1O1-� Fleetwood SD gis25 _ Supervisor 28 RFSD a 3'1 PETITIONS & COMMUNICATIONS A. Recommendation on Sanitary Landfill from Lapar B. Rezoning petition from Aldrich - re: Crimswal Realty C. Election Inspectors - 3 Resignations D. Proposal from Co. Rep. L'Archevesque re: Dutchess County Junk Car Disposal Program E. Edward F. Baumgras re: Petition for Speed Limit on Myers Corners Rd. F. Group from Chelsea Development on River Rd. ,c rafn`. NAL --„A-I _"1j 6. REPORTS OF COMMITTEES 7. RESOLUTIONS 1. Transfers 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT Po -Lt ctt.et /3J_t u 5 P P P C-� P 466 The Regular Meeting of the Town Board of the Town of Wappinger was held on November 10, 1969, at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:12 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman Leonce Heady, Councilman James Mills, Councilman Elaine H. Snowden, Town Clerk Others Present: William Horton, Superintendent of Highways Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town. Minutes of Sept. 8, 1969, Regular Meeting,Sept. 29, Oct. 2, Oct. 9, Special Meetings were offered for acceptance. MR. MILLS moved the acceptance of the Minutes as submitted by the Town Clerk be and they hereby are approved. Seconded by Mr. Clausen. Motion Unanimously Carried Reports from the Supervisor, Building Inspector and Town Justices for the- month of October, were received. MR. CLAUSEN moved the reports be accepted and placgd on file. Seconded by Mr. Heady. Motion Unanimously Carried 'Bills in the following amounts were presented: General Fund $56,132.32 OKWD $241.45 F1t.W.$627.94 Highway Fund 21,620.24 OKSD 519.80 F1t.S. 88.28 RF$D 237.28 MR. FINNAN moved the bills be paid, subject to audit. Seconded by Mr. Mills. Motion Unanimously Carried The following recommendation was received from Rudolph Lapar: October 10, 1969 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York RE: Sanitary Landfill Gentlemen: After discussion with Mr. Bill Horton, Superintendent of Highways, Custodian of the Sanitary Landfill, the following recommendations are made to the Town for the operation of the Landfill through the coming winter months: • It is the opinion of the Highway Superintendent that sufficient and solid base has been provided for the entrance road and that no further construction is required at this time. 2. A volume of between 8,000 cubic yatds and 10,000 . cubic yards be immediately stock piled for the coming winter season to make sure we have'cover materials for the landfill. Very truly yours, s/ Rudolph E. Papar, P.E. Engineer to the Town MR. MILLS moved that the Superintendent of Highways be authorized to bid for cover material for the Sanitary Landfill, to be stock piled for winter use at the landfill site. Seconded by Mr. Clausen. Motion Unanimously Carried A rezoning petition was received from Crimswal Realty Corp. request- ing a rezoning of a parcel of land off Smithtown Road from partial HB -2 and partial RD -20, to HB -2 in its entirety. MR. CLAUSEN moved this petition be referred to the Town Planning Board and Dutchess County Department of Planning for their review and recommendations. Seconded by Mr. Finnan. Motion Unanimously Carried Resignations from three Democratic Election,Inspectors were received: Helen Tompkins (D) District #13;,Rose Fitzpatrick (D) District #2; Marion Sardo (D) District #5. The Democratic Committee recommended Grace Pecheux, Mary Temple and Melva Laffin as replacements. MR. MILLS moved to accept the resignation of the three Democratic Election Inspectors and accept the recommendations of the Democratic Committee Chairman to appoint Grace Pecheux as (D) Election Inspector for District 13; Mary Temple as (D) Election Inspector for District #2 and, Melva Laffin as (D) Election Inspector for District #5. Seconded by Mr. Clausen. Motion Unanimously Carried 3 • 466 A proposal regarding a Dutchess County Junk Car Disposal Program was received from County Rep. Robert L'Archevesque outlining specific recommendations for a junk car program in Dutchess County. MR. MILLS moved that a letter be sent to Mr. L'Archevesque to inform him that the Town of Wappinger is basically in agreement with the proposal, as there is a real need today to dispose of junked cars, and would appreciate the forwarding of any further information on it to the Board. Seconded by Mr. Clausen. Motion Unanimously Carried Ed Baumgras, Myers Corners Road was present to request a reduction of speed on Myers Corners between All Angels Hill Road and Rt. 9. He presented a petition with approximately 600 signatures request- ing "that a speed limit on Myers Corners Road, between All Angels Hill Road and Rt. 9, be reduced, especially during the critical periods of the day, when children are going to and from school, and that signs be posted to that effect." Mr. Baumgras asked that the Board evaluate and act accordingly on this petition. Mr. Bisom spoke in favor of the petition pointing out the increase in traffic, due to increased development added schools, and business. Marilyn Baumgras & David Zern also spoke for the reduction of speed on Myers Corners Road. MR. MILLS moved that the petition be received, placed on file, and referred to the Highway Committee and Superintendent of Highways to contact the County Dept. of Transportation and the New York State Dept. of Transportation to see what else can be done to urge the acceptance of the Towns' request for a lower speed limit. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Noel deCordova, representing a group of Chelsea and Hughsonville residents, introduced their problem, that of the proposed apartment project on River Road North. He brought to the attention of the Board again the problem of water in this area. He felt the problem arises from inadequate, continuous, planning - planning in 1963 in this area might have been adequate, but is now dramatically outdated. In essence, the group he represents is requesting the Town Board to rezone these RD -40 areas in the Chelsea-Hughsonville area to the restrictive R-40, or other more restrictive zone. This area already has had extensive experience with large apartment projects, and problems arising because of their location in that area. The basic problem of these residents is the danger that they have experienced with their water supply -since the apartments have been built extreme discoloration of the water has been one of the visible problems, aside from lowered water in wells. Copies of letters written by these residents to both the Dutchess County Dept. of Health and New York State Water Resources Commission, concerning their complaints, were offered for the records. A member of the group had contacted the Dutchess County Health Dept. the Sanitation and Health Engineering Dept. and Mr. deCordova quoted "we (the Dutchess County Health Dept.) know that to get water in any quantity in this particular area, more specifically more water than is required for a single family residence within one mile of the Hudson, is very difficult. This is true from north of the city of Poughkeepsie to as far south as Dutchess County goes. Large volumes of water are very unlikely in the type of rock formations which makes up the underground area of this region." (This was Henry Scoralik). Dr. Robbins, acting Commissioner of Health is well aware of the problem. Well Diggers who dug the wells for the Chelsea Ridge Apts. were contacted. He told these residents that sooner or later all the residents of this locality would all have to dig their wells at least 100 feet deeper. Mr. deCordova further felt that the Town Board had a responsibility to really demand that the Town Planning Board investigate these statements. Other, less vital areas of concern were brought forth, that of stream pollution, and inade- quate roads for a larger volume of traffic. In summation, Mr. deCordova stated that these residents were present to ask the Board to rezone, they believe time is of the essence. The Board has the authority on its own motion to do it. The existing zoning is poorly designed abutting on the highest quality, 47o lowest density zone in the Town,'is not near a shopping center, nor is it on good roads. At this point Mr. deCordova said he had noted in reading the Towns' Ordinance, several provisions which are contradictory, and would like an opportunity to discuss with the Board informally after the meeting in relation to these specific provisions. Mr. Diehl called for a 15 minute recess to speak with Mr. deCordova, Mr. Scheel and Mrs. Engelman. The Board recessed at 8:50 P.M. Supervisor Diehl called the meeting back to order at 9:17 P.M. A letter had been received from Thomas P. Taft, Chairman of the Public Relations Committee, Wappingers Central School District Board of Education, asking the Town Board to send two representa- tives to a meeting on the upcoming building program to be presented to the taxpayers of the School District. Mr. Diehl stated that Mr. Mills and Mr. Finnan would be there representing the Board. The following Resolutions were offered by MR. CLAUSEN who moved their adoption: WHEREAS, the Acct. #1001 (Parks & Playgrounds -Comp. of Employees) has been overexpended and overdrawn by the sum of $27.77, BE IT RESOLVED, that the Supervisor be authorized to transfer $27.77 from Acct. #1202 (Contingency -Town Wide) to Acct. #1001, in order to eliminate the overdraft and reimburse said account. WHEREAS, the Acct. #1002 (Parks & Playgrounds -Other Expenses) has been overexpended and overdrawn by the sum of $5,062.46, BE IT RESOLVED, that the Supervisor be authorized to transfer $5,062.46 from Acct. #1202 (Contingency -Town Wide) to Acct. 1002, in order to eliminate the overdraft and reimburse said account. WHEREAS, the Acct.#1007 (Youth Agency -Comp. of Employees) has been overexpended and overdrawn by the sum- of $142.56, BE IT RESOLVED, that the Supervisor be authorized to transfer $142.56 from Acct. #1202 (Contingency -Town Wide) to Acct. #1008, in order to eliminate the overdraft and reimburse said account. WHEREAS, the Acct. #1009 (Youth Agency -Other Expenses) has been overexpended and overdrawn by the sum of $203.23, BE IT RESOLVED, that the Supervisor be authorized to transfer $$203.23 from Acct. #1202 (Contingency -Town Wide) to Acct. #1009, in order to eliminate the overdraft and reimburse said account. WHEREAS, the Acct. #1001 (Parks & Playgrounds -Comp. of Employees) has been overexpended and overdrawn by the sum of $40.25, BE IT RESOLVED, that the Supervisor be authorized to transfer $40.25 from Acct. #1202 (Contingency -Town Wide) to Acct. #1001, in order to eliminate the overdraft and reimburse said account. WHEREAS, the Acct. #1002 (Parks & Playgrounds -Other Expenses) has been overexpended and overdrawn by the sum of $122.69, BE IT RESOLVED, that the Supervisor be authorized to transfer $122.69 from Acct. #1202 (Contingency -Town Wide) to Acct. #1002, in order to eliminate the overdraft and reimburse said account. Seconded by: Mr. Milts Motion Unanimously Carried The following Resolution was offered by COUNCILMAN CLAUSEN who moved its adoption: WHEREAS, the Town of Wappinger has made application to the State of New York for the purchase and development of additional Park lands involving 52 acres more or less off All Angels Road, in the Town of Wappinger and WHEREAS, said application has been approved by the State of New York and WHEREAS, it is in order to commence the program of acquisition and development of said Park, it is necessary to purchase said property WHEREAS, it is necessary for the Town Board to signify to the State of New York its intention to undertake the proposal to purchase and develop said Park lands now THEREFORE, be it resolved that the Supervisor is hereby author- ized and directed to execute the attached copy of the contract between JAMES KLEIN AND DAVE ALEXANDER and the TOWN OF WAPPINGER for the purchase of 52.19 acres of land in the Town of Wappinger for the sum of $75,000.00. AND be it further resolved that the Town Board of the Town of Wappinger acknowledges the receipt of the approval for a Grant -in - State -Aid under the Park & Recreation Land Acquisition Bond Act by the Taconic State Park Commission of the State of New York and pursuant to its application for such State Aid the Town Board of the Town of Wappinger hereby signifies its acceptance of such approval and agrees: A. All legal requirements on the part of the municipality necessary to acquire the property will be taken. B. The municipality will reimburse the State in the amount of 25% of the cost of acquisition if the State advances full cost. C. That the municipality will otherwise comply with any and all requirements of Chapter 523, Laws of 1960. Seconded by: Councilman Mills 472 Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Ave Councilman Finnan Aye Councilman Heady Ave Councilman Mills Ave The following Resolution was offered by COUNCILMAN MILLS who moved its adoption: BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The acquisition by purchase by the Town of Wappinger, Dutchess County, New York, of approximately 52.1 acres of land located on All Angels Road in said Town, to be used for park purposes, is hereby authorized at a maximum estimated cost of $78,000. Section 2. The plan for the financing of the aforesaid specific object or purpose is as follows: a) By the issuance of $1,560 capital notes of said Town, which are hereby authorized to be ,issued therefor, and all furtherpowers in connection with the details and sale of such capital notes are hereby delegated to the Supervisor, in conformity with law. Pursuant to Section 107.00 of the Local Finance Law, the proceeds from the sale of such capital notes will be provided prior to the issuance of the bonds herein authorized or bond anticipa- tion notes. Said $1,560 capital notes shall constitute the down payment required by Section 107.00 of the Local Finance Law; b) By the issuance of $29,560 serial bonds of said Town hereby authorized to be issued therefore pursuant to the Local Finance Law; and c) By the use of $46,880 to be received in the form of a grant from the State of New York for such object or purpose. Section 3. It is hereby determined that the period of probable usefulness applicable to 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. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. 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 respect- ively 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 principal 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 anti- cipation 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, con- sistent with the provisions of the Local Finance Law. Section 6. The validity of such obligations may be contested only if: 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 provisions of the Constitution. Section 7. Upon this resolution taking effect the same 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, Section 8. This resolution is adopted subject to a permissive referendum. Seconded by: Mr. Mills Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Ave Councilman Finnan Ave Councilman Heady Ave Councilman Mills Ave Resolution Duly Adopted Mr. Mills asked that the Supervisors' office make sure the Board is supplied with a debit credit balance sheet each month, so there won't be any more over -extending of accounts. Mr. Diehl stated that he had appointed Mr. Clausen and Mr. Mills as a committee to study correspondence and materials on codes of Ethics (obtained from the Association of Towns) with an eye to the adoption of a code, of Ethics for the Town of Wappinger. Mr. Diehl commented on a letter received from the New York State Dept. of Transportation regarding a motor vehicle count done at the intersection of Rt.9D & New Hamburg Rd. (to determine the necessity of a traffic light). The State advised Mr. Diehl that any time the Town felt another traffic count was warranted, they would gladly comply with another survey. MR. DIEHL moved that the New York State Dept. of Transportation be 4 7 4 r requested to make another traffic survey at the intersection of Rt.9D and New Hamburg -Old Hopewell Rd. Seconded by. Mr. Clausen. Motion Unanimously Carried Mr. Mills asked what the State had in mind in their "Notice of Action" regarding the repeal or order for signall 22 located on old Rt. 9 at intersection with Middlebush Rd. Mr. Horton would obtain a clarification. Mr. Mills also inquired about the "Notice of Action" regarding the repeal of Stop sign control at the en- trances of Rt.9 at Smithtown Rd., Old Rt.9 at stations 127+ and 130+. Mr. Horton said he would clarify this with Mr. Rappleyea and pass the information onto the Town Clerk and she will notify the Board. Mr. Mills asked that the following letter be read: October 22, 1969 To Whom It May Concern: I would like to inform you that for many years I have been in the general practice of medicine in southern Dutchess County, N.Y. I have the largest, solo, general practice in the County. I care for 1800 families. During this time, whenever ambulance service was required by my patients, or by people seen by me in accident situations, which have been many, their ambulance care was rendered by the Sloper- Willen Ambulance Service. I would like to commend to you a consideration of the degree of quality, service, and dedication that this ambulance unit has consistently provided for the citizens of Dutchess County. This has not only been a commercial activity. There have been many many occasions, many many times when the service has been gratis. There have been many times when the service has been for the cause and the need involved, not for the fee. There have been many times when the entire unit operated knowing full well that there would be no financial recompense of any kind. In addition, the quality of service has been exceptional. The men performing the service have been men of incredible integrity, and unbelievable devotion. Their efficiency, zeal, and skill in rendering emergency care have been of inestimable value, and indeed indispensible to the health care of our citizens. I would urge you to consider whatever steps you can take to aid this marvelous group in their continued efforts to perform their unselfish service. If there is further information with which I can provide you, regarding their activities over the years, please do not hesitate to contact me. Sincerely, s/ Wm. Abruzzi, M.D. Mr. Rappleyea commented that Sloper-Willen was making a request' of a donation from IBM for equipment and communications that can be hooked up in the ambulance and be in direct contact with the hospital, on heart patients. Mr. Diehl asked Mr. Lapar about the drainage problem in Ardmore. Mr. Lapar responded that there were still some minor problems for completion that would be picked up in the Spring. MR. CLAU$EN moved that the Attorney to the Town be directed to study what would have to be done to make the positions of Town Clerk and Highway Superintendent, civil service positions, and submit, if possible, at the next Town Board meeting any information as to how the Board should proceed. Seconded by Mr. Diehl. Motion Unanimously Carried MR. MILLS moved the rules be suspended, seconded by Mr. Finnan and carried. Mr. Eck asked if there was any further progress on the North Wappinger Sewer Improvement. Mr. Fulton asked the Board to clarify the position of the Hill Top Water Works. He said there seemes to be a serious question as to the legitimacy of the Hill Top Water Corp. in his opinion, and whether they're in violation with Water Resources Commission Local Water Law. He pointed out that if the Town in the future were looking to municiple water and sewer, that the Town should keep a close watch on what was being done. Citing that the lines going up to Cogar would make a water district in that area very feasible - he cautioned the Board to be very careful as to how they handled this situation because once customers hook on to Hill Top water lines, this would represent capitalized value, and eventually make it economically unfeasible for the Town to purchase the Water Corp. MR. MILLS -moved to resume the rules, seconded by Mr. Clausen and unanimously carried. MR. FINNAN moved the meeting be adjourned, seconded by Mr. Clausen, and unanimously carried. Meeting adjourned at 10:00 P.M. Elaine H. Snowden Reg. Mtg. 11/10/69 Town Clerk