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1969-01-13 RGMAGENDA -'TOWN BOARD JAN. 13, 1969 1. Supervisor Call Meeting to Order 2. 'Roll;Call 3. Accept Minutes CS <A 4JeC - _ 4'.' REPORTS OF OFFICERS Justices - Supervisor - Building Inspector Bills: �g .)33.0q Generali, 4d ? - OKSD RFSD `S' Highway 1 ► L;L. ("- OKWD _t: = 1 t{ t,15 -2. - Annual ,1L Annual Reports: Mrs. Alsdorf, Historian - Bldg. Insp. 5. ' PETITIONS & COMMUNICATIONS� Ari, t�k6<i1 SQ - --" - A. Mr. Eck, representing Taxpayers Association, re: North Wappinger Sewer Improvement. `'B. Re -zoning Petition from Chelsea Ridge Apts. Inc. R-26 to LB -C. Re -zoning Petition from Chelsea Ridge Apts. Inc. R: 2 20 to RD -40 ,/D. Association of Towns Re: appoint officer to attend Annual Meeting and authorize Town Officials & personell to attend. Change meeting night for Feb. Meeting. E. Two communications from N.Y. State Dept. Transportation re: Old Rt. 9 and Traffic signal lights. F. Expiration of Term - Zoning Board of Appeals (feb.lst) -G Civil De €ens e _ - ' ` l - LATE, CORRESPONDENCE Cuter.,- at•t A�10e-\1/40r Qei .v.m Planning Board recommendation on Vorndran & Alpert 6. REPORTS OF COMMITTEES is,ti.k ,k _ -b.f. �9s 7. RESOLUTIONS 8. OLD BUSINESS ,Vacancy on Board of Assessors ~Hera -l -S ewe ge:.sre 9. NEW NEW BttSINESS Ambu,l.ance Rates 258 The Regular Meeting of the Town Board of the Town of Wappinger was held Monday, January 13, 1969, at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:20 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman James Mills, Councilman Elaine Snowden, Town Clerk Absent: Leonce Heady, Councilman Other's Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town William Horton, Superintendent of Highways MR. MILLS moved that the Minutes of Dec. 9, Regular Meeting, as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Clausen. Motion Unanimously Carried Monthly -Reports for Dec. 1968 were received from the Supervisor, Building Inspector and Town Justices. MR. CLAUSEN moved these reports be received and placed on file. Seconded by Mr. Finnan. Motion Unanimously Carried Bills in the following amounts were received: General Fund $7,619.14 OKSD 155.18 Highway Fund 1,112.60 OKWD 141.52 RFSD 233.04 MR. FINNAN moved the bills be paid, subject to audit. Seconded by Mr. Mills. Motion Unanimously Carried The Building Inspectors annual report for 1968 was received. MR. DIEHL moved the Building Inspector Annual Report be received and placed on file. Seconded by Mr. Finnan. Motion Unanimously Carried 25 9, Mrs. Dorothy Alsdorf, Town Historian gave the following Annual Report: HISTORIAN' S. ANNUAL REPORT TO THE TOWN BOARD OF THE TOWN OF WAPPINGER Assuming the office of Town Historian in January of 1968 was indeed a challenge to my love of finding out the why, when, where and by whom of our local area. Fortunately I have been able to gather a few pertinent facts and to disseminate valuable information to many people, particularly to our youth. Besides the students with whom I have been associated several strangers have appealed to our resources for information of ancestors who at one time lived in our area, for information regarding present day living conditions and for information regarding specific area within our township. During the past year your Historian has: 1. Made a survey of townships, cities and villages having a duly -appointed historian. This resulted the discovery that several areas are without an historian. Our County Historian was able to utilize the information I gathered, in convening a general meeting of all local historians. in 2. Made and bound a reproduction of some of the writings of Mr. Clinton Clapp on Local History. 3. Made a form letter and reproduced a quantity of these to be used to mail to people making inquiry about our area. 4. Addressed several groups of Boy Scouts and Girl Scouts on local history. 5. Spoke to group of New Comers on local history. 6. Assisted four students from Marist College with their term papers on local history. 7. Attended meetings for the purpose of promoting the study of local history. 8. Twice attended meetings at the request of Supervisor Diehl. 9. Secured census data on Agriculture in the Town of Wappinger. 10. Procured services of a photographer to take pictures of the interior of the Clapp residence. 11. Just about completed a study of the Clapp Family in Wappingers Falls. 12. Act as Co-sponsor of Yorkers Club at St. Mary's School. 13. Assisting a cadet teacher at Roy C. Ketcham High with his project in"Local People and the ParteThey Played in the American Revolution." 14. Maintained Scrapbook of Newspaper items pertinent to Town of Wappingers. 1 s/ Dorothy B. Alsdorf, Historian Mr. James Coombs was present, representing K.B.&M. Associates and on behalf of their application for a consent to form a transportation corporation (Boral Sewerage Disposal Corporation). The contents of the agreement were briefly reviewed by both Mr. Coombs and Mr. Rappleyea. The following resolution was offered by MR..CLAUSEN who moved its adoption: WHEREAS, Robert Kallman, Ralph Bernstein and Edward J. Minskoff, as- incorporators, have applied to this Board for a consent to form a Transportation Corporation pursuant to Article 10 of the Trans- portation Corporation Law, and WHEREAS, the Town has requested an agreement pursuant to Article 10 of the Transportation Corporation Law, and further, an agreement between the principals of the said corporation agree, upon the granting of consent to incorporate, to execute the agreement pursuant to Article 10 of the Transportation Corporation Law. NOW, THEREFORE BE IT RESOLVED, that Supervisor Louis Diehl, is hereby authorized and empowered, on behalf of the Town of Wappinger, to execute an agreement with Robert Kallman, Ralph Bernstein and Edward J. Minskoff, a copy of the same being attached hereto, and the exhibits to which said agreement refers being also attached hereto. AND BE IT FURTHER RESOLVED, that after the execution of such agreement the Certificate of Incorporation of the Boral Sewage Disposal Corporation is approved. Seconded by: Mr. Mills Roll Call Vote: Supervisor Diehl Ave Councilman Clausen Ave Councilman Finnan Ave Councilman Heady Absent Councilman Mills Ave Carried: January 13, 1969 Mr. Eck, representing the Wappinger Taxpayers Association, requested to discuss the North Wappinger Sewer Improvement. He first asked about the easement into the Boral Sewerage Plant and what effect the bank mortgage would have on it. He then asked if the Board had come up with an answer regarding further study of the RFSD district that was brought up at the Public Hearing. He mentioned that this district had been before the Board for several years, how long is it going to be before the Board makes a decision; and also, the people in Orchard Homes want to know why the Town is going to have the sewer district without them, and on the other hand take Rockingham -in when they don't want to be in it. Mr. Diehl, assured him the Board was diligently pursuing the project, looking into all of the various aspects. Mr. Clausen also assured Mr. Eck that the Board was doing all they could to reach the right decision. Mr. Eck launched into cross-examination of Mr. Diehl regarding inclusion of the R.F.S.D. into the North Wappinger Sewer Improve- ment. The point he was trying to make was why the Board, knowing that the people in Rockingham didn't want to be in the district, didn't they eliminate it from the plan. .Mr. Clausen pointed out the Board had been asked to study the pros and cons of Rockingham, would evaluate the facts and present them to the residents of the Rockingham area, and proceed from there. Mr. Eck persisted in asking when the Board was going to act; he then wanted to yield the floor to others present. He was asked if he had any other questions, was given every opportunity to ask other questions, for which he was given an answer,/than comments not pertaining to order of business on the floor. MR. CLAUSEN moved that if Mr. Eck had no further questions to discuss with the Board, discussion be closed. Seconded by Mr. Mills. Motion Unanimously Carried MR. FINNAN moved to suspend the rules, seconded by Mr. Clausen and carried. Mike Pendergast, Orchard Homes, asked if the areas of Orchard Homes and Lake Oniad would be included in the sewer area; and, could the Board give an approximate time when this might be accomplished? Frank Versace spoke in defense of the Town Board, commenting the Board was one of the best the Town has ever had and if the residents would bear with them they will do what is best for the people to straighten out the problems confronting the Town. Frank Benn spoke in defense of Mr. Ecks' commenting that Mr. Eck means well. Mr. Cortellino went back to the K.B.&M. apartment complex (Boral) Petition; it was his understanding that all future sewer plants 262 coming into the Town would be turned over to the Town for $1.00. Mr. Rappleyea pointed out this was primarily an apartment complex. MR. CLAUSEN moved to resume the rules. Seconded by Mr. Finnan, and carried. A petition was received from Chelsea Ridge Apts. Inc. for the rezoning of a portion of their property from R-20 to LB. MR. CLAUSEN moved this rezoning petition be referred to the Town Planning Board and the Dutchess County Planning Board for their review and recommendation. Seconded by Mr. Finnan. Motion Unanimously Carried MR. MILLS moved that all officials and employees of the Town who wished to attend the Annual Association of Towns Meeting in New York City Feb. 10-13 be granted permission, and that their legitimate expenses be a Town charge. Seconded by Mr. Clausen. Motion Unanimously Carried MR. DIEHL moved that Mr. Mills be appointed as delegate to the Official Association of Town Annual Meeting and Mr. Clausen as alternate delegate. Seconded by Mr. Finnan. _ Motion Unanimously Carried MR. FINNAN moved that the date for the Regular Monthly Meeting for February be changed from Monday, Feb. 10 to Thurs. Feb. 13th, at 8 P.M. Seconded by Mr. Clausen. Motion Unanimously Carried Two letters were received from the New York State Dept. of Transpor- tation. One letter was in answer to the Boards' request for an investigation with regard to the possibility of adding left hand turn arrow lights at the intersections of Myers Corners Road and Old Hopewell Road with Rt. 9. The reply was simply that an investi- gation is in the process and the State will notify the Town of their findings. The second letter follows: December 23, 1968 Mr. Allan E. Rappleyea, Attorney Town of Wappinger 10 Grand Street Poughkeepsie, New York 12601 Dear Sir: In reply to your letter of December 10, 1968, the main- tenance table received by you incorrectly stated that certain portions of Old Route 9 (State Highway 5154) were to be main- tained by the Towns of Wappinger and Fishkill. The old Route 9 that existed before the completion of Contract FARC 65-182 was thought to follow the route of the Old Albany Post Road, but recent research showed -that it has been -relocated twice since the original Post Road was reconstructed for the first time in 1911. Section 62 of the Highway Law, as amended in 1965 indicates that under these circumstances, the existing Old Route 9 shall be maintained by Dutchess County when the Official Order is issued from Albany. The Towns of Wappinger and Fishkill maintain sections of the original Post Road previously turned over to them in 1934 when the Old Post Road was originally relocated. However, there is one small section of the original road still in existence that was never turned over to the Town of Wappinger and which should be turned over to the Town at the same time the County assumes - maintenance of the Old Route 9. This section is approximately 375 feet long and located just south of Old Hopewell Road and east of the new Route 9. A map of this small section will be sent to you. Very truly yours, s/ M. N. Sinacori Distirct Engineer The following letter was also received: January 9, 1969 Traffic Conditions Route U.S. 9 Town of Wappinger Dutchess County Mr. G. Donald Finnan, Councilman Town of Wappinger Mill Street Wappingers Falls, New York 12590 Dear Councilman Finnan: This will confirm your meeting of January 8, 1969 with Mr. Robert L'Archevesque, County Board of Representatives, Mr. Edgar M. Petrovits, County Commissioner of Public Works and Mr. H. E. Cosgrove, of this office, relative to traffic conditions on Route U.S. 9 at various signalized intersections in your Town. The specific locations referred to by you::where motorists were experiencing difficulties in negotiating left turns in conflict with opposing traffic are as follows: (1) New Hackensack Road (2) East Main Street (3) Myers Corners Road (4> Hopewell Road. We are arranging for traffic counts to_be taken at these intersections to ascertain the number of vehicles making this manouver. In addition, the delays whereby a motorist must wait for more than one cycle of the signal will be observed, and the accident record from the time this new section of roadway was opened to traffic checked. When this data has been secured, we shall evaluate same with the State Police Traffic Supervisor and advise you of our findings. Very truly yours, s/ R.M. Gardeski District Traffic Engineer Mr. Clausen, as a member of the Highway Committee, commented that originally this meeting, referred to in the above letter, was scheduled for 4 P.M., at which time he could have attended, but was unable to attend when the time was changed to 1:30 P.M. Mr. Finnan elaborated on the above letter from the State, comment- ing that he had also spoken with Mr. Petrovits on several other problem areas in the Town, Spook Hill Road and Myers Corners; All Angels, New Hackensack and Route 376, which the County recognizes as a serious problem, and is working on a solution; negotiations are being made to eliminate the bad curve on the top of,All Angels Hill Rd. and the curve at the intersection of All Angels Hill Rd. and Brown Rd. is being taken into consideration. Mr. Mills commented on a conversation he had had with Mr. Petrovits on the Town speed limits - it's illegal to set speed limits at less than 30 M.P.H. That setting the speed at 30 M.P.H. since it was already established at 35 M.P.H., would serve no purpose. MR. CLAUSEN moved the Board recess, seconded by Mr. Mills and carried, 9:26 P.M. Supervisor Diehl called the meeting back to order at 9:40 P.M. The term of Mr. Kalaka as a member of the Zoning Board of Appeals expires Feb. ls,t, 1969. MR. MILLS moved to table action on the expiration of Mr. Kalakas' term. Seconded by Mr. Finnan. Motion Unanimously Carried. 261 The resignation of Lois Cunningham, as a member of the Recreation Commission, was received. MR. FINNAN moved to table action on Miss Cunninghams' resignation Seconded by Mr. Mills. Motion Unanimously Carried Recommendations were received from the Planning Board regarding the Vorndran and Alpert re -zoning petition. MR. MILLS moved that a letter be directed to the Planning Board and ask that they furnish the Town Board with as much information as is available regarding what plans are proposed on these two areas, is it just being opened up or are there definite plans for specific industry; and if any thought has been given to future traffic control for these areas. Seconded by Mr. Clausen and carried. Mr. Clausen, Lighting Committee, reported that he had looked into an inquiry made by Mr. Frank Philips, Hughsonville, about a street light that had been moved (due to the addition to the Hughsonville Fire House) and was serving no purpose. MR. CLAUSEN moved that Central Hudson be authorized to make the following changes for street lighting for the Hughsonville Light- ing District: Remove 1 2500 lumen on pole #30428, and install two 7000 lumen to pole #33901 and pole #29000 subject to the existing contract, and empower the Supervisor to execute order #8124. SEconded by Mr. Finnan. Motion Unanimously Carried The Clerk, was requested to notify Mr. Philips that the street light will be changed. Mr. Clausen also noted that he and Mr. Barbaro, Central Hudson representative, are meeting to discuss further installations of street lights at various intersections in the Town. RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, RESPECTING ROBERT LANE, PATTIE PLACE AND PHYLLIS DRIVE. The following Resolution was offered by Mr. CLAUSEN who moved its adoption: 264 WHEREAS, Ritter Construction Corporation has refused to complete to the satisfaction of the Town of Wappinger, the roads and drainage in the development known as OAKWOOD KNOLLS, more particularly described in a certain map dated October 22, 1962, made by Milton Chazen, NOW, THEREFORE, BE IT RESOLVED, that Allan E. Rappleyea, Attorney -at -Law, is hereby authorized and directed to commence proceedings to enforce the completbn of the drainage and roads as set forth in a bond provided for such purposed, executed by Ritter Construction Corporation and. Continental Casualty Company under date of April 1, 1963, and to do all things necessary to provide for the completion of said roads. Seconded by: Councilman Mills Roll Call Vote: Supervisor Councilman Councilman Councilman Councilman Diehl Clausen Finnan Heady Mills Carried: Jan. 13, 1969 Ave Ave Ave Absent Ave RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, REGARDING ROADS AND DRAINAGE IN WILDWOOD FOREST. SECTION II The following Resolution was offered by MR. CLAUSEN who moved its adoption: WHEREAS, the Town Board of the Town of Wappinger, on July 7, 1966, approved of the adoption of a performance bond posted by Malcolm Cornell, Inc., for the sum of $43,000.00 covering the subdivision -known as WILDWOOD FOREST, SECTION II,• and WHEREAS, the performance bond posted in the sum of $75,000.00 by Malcolm Cornell, Inc. under date of September 9, 1966, has by its terms expired, and WHEREAS, Malcolm Cornell, Inc., has failed to comply with the terms of the Resolution of the Town Board dated July 7, 1966, and WHEREAS, Malcolm Cornell, Inc. has failed to complete the. streets in said subdivision in accordance with the minimum standard requirements of_the Town of Wappinger, and_ WHEREAS, Malcolm Cornell, terms and conditions set forth Board of the Town of Wappinger division plat, and Inc. has failed to comply with the in the Resolution of the Planning giving final approval to said sub - WHEREAS, Malcolm Cornell, Inc. has failed to deliver to the Town Clerk of the Town of Wappinger a performance bond_in the sum of $43,000 to insure the performance of the obligations on its part required to be performed in accordance with the resolution of the Town Board, and WHEREAS, Malcolm Cornell, Inc. has been previously advised of its failure to comply with the aforesaid resolutions of the Town Board by the attorney to the Town of Wappinger and the ,265 Building Inspector of the Town of Wappinger, NOW, THEREFORE, BE IT RESOLVED, that the Building Inspector is hereby.authorized and directed to take all steps necessary to cancel and annul all outstanding building permits covering the granting of building permits in the subdivision known as Wildwood Forest, Section II, and more particularly described in the resolu- tiory of the Town Board dated July 7, 1966, and IBE IT FURTHER RESOLVED, that a certified copy of this resolution be mailed by registered mail to Malcolm Cornell, Inc., Widmer Road, Wappingers Falls, New York. Seconded by: Councilman -Finnan Roll Call Vote: Supervisor Diehl Ave Councilman Clausen Ave Councilman Finnan Ave Councilman Heady Absent Councilman Mills Ave Carried: January 13, 1969 MR. MILLS moved action be tabled on the vacancy on the Board of Assessors. Seconded by Mr. Finnan. Motion Unanimously Carried MR. CLAUSEN moved action be tabled on change of ambulance rates. Seconded by Mr. Finnan. Motion Unanimously Carried Mr. Clausen noted that he had had conversation with the Highway Superintendent regarding condemnation proceedings in order to complete Spook Hill and Widmer Rds. Mr. Horton is in agreement 1 and would like the Board to execute a condemnation proceeding, the surveying on both roads has been completed. Mr. Rappleyea said work was proceeding on this matter. MR. CLAUSEN moved the rules be suspended. Seconded by Mr. Finnan and carried to hear Mr. Lafko, Mr. Cornell and Mr. Brancato. Mr. Lafko went into discussiononthe Rockingham Farms Sewer District, whether a study had or had not been made on this district with respect to the North Wappinger Sewer Improvement, and, branching off on K.B.&M. petition for consent for a Transportation Corp. then technicalities on types of treatment plants. Mr. Cornell asked Mr. Rappleyea if it was illegal for the Town to accept a gift of money to help defray expenses for the requested study 1266 on Rockingham Farms Sewer district. Mr. Rappleyea said it was legal for a Town to accept a gift to use for public purposes. Mr. Brancato suggested the Board approve an expenditure for having the North Wappinger Sewer Improvement Maps made available to the public. Mr. Lapar stated that the map is on file with the Town Clerk, and available to any person to inspect. Mr. Brancato also commented that the residents of the Lake Oniad area were interested in the sewer district coming through that area as they do have a serious problem, deliberations if the Board could come up with something for them costwise, etc., it would be appreciated. He then discussed cost of installation in the Lake area and quoted figures that had been presented to the Wappinger Taxpayers Associa- tion(purportedly drawn up by Mr. Eck) which were considerably lower than estimates done by the Engineer to the Town. It became obvious that the trunk would not be going the same route that Mr. Lapar had speculated on. MR. CLAUSEN moved the rules be resumed. Seconded by Mr. Finnan, - and unanimously carried. Meeting adjourned at 10:30 P.M. Elaine H. Snowden Town Clerk