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1978-05-08 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MAY 8, 1978 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES Spl. Mtg. April 17, 1978 4. REPORTS OF OFFICERS Bldg. & Zoning Rec. of Taxes Town Justices Budgetary Review Report- 5. eport.- 5. RESOLUTIONS a. Freedom of Information Law b. Local Law --Prohibiting Parking in Fire Lanes -- Village Crest c. Local Law --Prohibiting Parking in Designated Areas for Handicapped Drivers d. Bids --Voting Machines e. Two Vacancies on Recreation Commission f. Bonding Resolution Mid -Point Park & Hunters Creek g. Set Public Hearing on Appeal of Mid -Hudson Auto Wreckers. 6. PETITIONS & COMMUNICATIONS a. A. Rappleyea re: Sailer Easement -Kent Rd. & Wilson Excavators letter to L.Diehl Storm Drainage Contr. #10 b. A. Rappleyea re: Watch Hill Water & Sewer Billing c. R. Lapar Reports: 1. Bel Aire Lane Storm Sewer 2. Fleetwood Recr. Area Fence Encroachment Survey 3. Oakwood Knolls STP-DWX • d. Gregory Sarno re: drainage Dana Place e. Request WCD--7 Voting Machines f. Request from Michael Cornell to hook into CWW Impr. g. Peddlers Licenses --Merle Sullivan (ice cream) Marie Mitropoulos (ice cream) pary Ferraro (hot.dogs) h. Wilson Excavators to L.Diehl 4/27/78 re CWW Contr. 410 • C yG� -' .�-.:i ✓, C /.es� r ••• > il7� ficv '�• 7. REPORTS OF COMMITTEES /1' 8. UNFINISHED BUSINESS a. Cranberry Hills--DWS--Phasing of Inspection Fees b. Mrs. Pierson --Beechwood Circle --Drainage 9. NEW BUSINESS 10. ADJOURNMENT 63 The Regular Monthly Meeting of the Town Board of the Town of Wappinger was held on May 8, 1978 at 8:00 P. M. at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl opened the meeting at 8:05 P. M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Bernice Mills, Councilwomen Janet Reilly, Councilwomen Gladys Ruit, Deputy Town Clerk Others Present: Rudolph Lapar, Engineer to the Town Jori, Adams (Attorney, representing the office of Allan Rappleyea) The minutes of the Special;Meetin4 of April 17, 1978 having been previously sent to the Town Board were now placed before them for their approval. MR. JENSEN moved the minutes of the Special Meeting of April 17, 1978 as submitted by the Town Clerk be and they are hereby approved. Seconded by Mrs. Reilly. Motion Unanimously Carried The reports for the month of April were received from Building and Zoning, Town Justices,,pept,, of Audit & Control Report of Examination for Joint Landfill Project, Budgetary Review Report, Supervisor's Repor Gild, edeiver of Taxes reports for the months of April and March. MR. JOHNSON moved to accept the reports and place, them on file. Seconded by Mrs. Mills. Motion Unanimously Carried The resolution for Freedom of Information Law whic'a was adopted at the April 10th, 1978 meeting was modifi3d as follows: MR. JENSEN moved::to .modify Section B, "Routs of Ins'?ection of records" between the hears of 10:00 A.M. to 12 moo: i and 1:00 P. M. to 3 P. M., under Section $ 2 Bernice Mills is designated as the appellate person and under E 4 a].1 appeals shall be transmitted to the appellate person at the Town Office. Seconded by Mr. Johnson.. Motion Unanimously Carried The following letter was read: 698 April 26, 1978 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York 12590 Re: Parking in private apartment complexes Dear Members of the Town Board: At the last town board meeting, you requested a local law in response to correspondence from the__.maiaager ;of Village Crest Apartments'and fromthe Hon. William J. Bolger, TowniJustice of the Peace 'rc .ative to the regulation of parking on fire lanes within that apartment complex. I enclose s. proposed local law that would regulate such parking in conformity with the appropriate provisions fo the`vehic3.e and traffic law. N you will note in particular that this local law places the burden upon the owner of the apartment complex to c©nstruct and maintain`approptiate traffic control devices. It_ is my Opinion that it will be necessary to adopt local laws for each of the apartment owners who request such legiglation. Under the provisions'of'Section 1660-a 'of the Vehicle and Traffic Law, this legislation can only be adop- ted after written request of'suoh owner. Very truly yours, s/Jon Holden Adams Corbal-ly, Gartland & Rappleyea The following Local Law was introduced by Nicholas Johnson. A Local Law adopted pursuant to Vehicle and Traffic Law Section 1660-a. Be it enacted by the Town Board of the Town of Wappinger as follows: SECTION 1. There shall be no parking or standing by any motor vehicle in lanes marked'fire lanes within those parking areas and driveways maintained by Village Crest Apartments, its successors or 'assigns. SECTION 2: It shall be 'the 'responsi ility of the owner of Village Crest Apartments, itt successes or assigns to construct and maintain signs' .and other uriarkings' appropriate to identify fire lanes and tb provide notice of tow -away z. restrictions' and les.' :ea.itisigns shall conform to the uniform standards arescribedtby the New York State Department of Transportation to tiie egterit"provision is made for such signs. SECTION 3. Any motor vehicle found standing or parked within an area designated` es'Ra'-'ffire 'lane may be removed or towed away and any owner or operator of such motor vehicle shall be subject to peytent" of reaadhabie fees for such removal and storage. SECTION 4. Violation of this local law shall be subject to a fine not greater than. `0 5.00 The following resolution was introduced by Councilman JOHNSON who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held>on;-Nay 8th, 1978, a proposed Local Law entitled "Parking or Standing by any Motor Vehicle in Fire Lanes Maintained by Village Crest Apartmentsnand WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislature Body of the Town until a Public Hearing thereon has been held before such body. NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said pro- posed Local Law, by the Town Board of the Town of Wappinger, on the 22nd day of May, 1978 at 7:00 P. M. on such day at Town Hall, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town, Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by Mrs. Mills. Motion Unanimously Carried The following Local Law was introduced by MR. JOHNSON: A Local Law providing compliance with Section 1203-a of the Vehicle & Traffic Law. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: SECTION 1. It shall be unlawful for any motor vehicle to park in an area within the Town of Wappinger designated for handicapped drivers unless such vehicle has and displays a parking permit for a handicapped person duly authorized in the manner prescribed by Vehicle and Traffic Law Section 1203-a. SECTION II. Violation of this local law shall be subject to a fine no greater than $25.00. The following resolution was introduced by Councilman JOHNSON who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held on May 8th, 1978 a proposed Local Law entitled "Prohibiting Parking in Areas Designated for Handicapped Drivers."and WHEREAS, the provisions of the Municipal,_ Home Rule Law requires that no local law shall be passed by the Legislature Body of the Town until a Public Hearing thereon has been held before such body. NOW, THEREFORE BE IT RESOLVED, 1. That a Public. Hearing shall be held on the said pur- posed Local Law by the Town Board of the Town of Wappinger on the 22nd day of May, 1978 at 7:15 P. M. on such day at Town Hall, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. C9) 2. That at least five (5) days notice of such hearing shall be given by. the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by Mrs. Mills. Motion Unanimously Carried 700 One bid had been received and opened by the Town Clerk on two (2) voting machines from AVM -Automatic Voting Machine Division of AVM Corporation in the amount of $2,365.00 for each machine. The Board wished to review this bid further and Mr. Diehl set a Special Meeting for May 22nd, 1978 at 6:45 P. M. for the purpose of awarding the bid on voting machines. There are at present two (2) vacancies on the Recreation Commission. A letter was received from Mr. Maurer, Chair- man of the Commission recommending that Mrs. Arkell be re- appointed. He informed the Board they were setting up interviews for other applicants, but due to a lack of a quorum at their meetings they were unable to take any action. Mr. JOHNSON moved to table this recommendations were received. Seconded by Mrs. Reilly. The following resolution who moved its adoption: Seconded by Councilwoman appointment until two (2) Motion Unanimously Carried was offered by Councilman JOHNSON Reilly, to wit: At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, Mill Street, in Wappingers Falls, New York, in said Town, on the 8th day of May, 1978, at 8:00 o'clock P.M., Eastern Daylight 8aVing Time. The meeting was called to order by Supervisor Diehl, and upon roll being called, the following were Present; Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Absent: None The following resolution was offered by Councilman Johnson, who moved its adoption, seconded by Councilwoman Reilly, to wit: BOND RESOLUTION DATED May 8, 1978. 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 $252,000, AND AUTHORIZING THE ISSUANCE OF $12,600 CAPITAL NOTES AND $239,400 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; 701 Section 1. The construction of necessary works for drainage systems for surface waters in and for the Town of Wappinger, Dutchess County, New York, for the protection and maintenance of Town Highways consisting of pipes, gutters and other facilities including acquisition of lands or rights -in -land necessary therefor is hereby authorized with respect to Myers Corners Road (Hunter's Creek Realignment Project) at a maximum estimated cost of $20,000, and with respect to Martin Drive (Mid -Point Park Subdivision Project) at a maximum estimated cost of $232,000. Section 2. The aggregate maximum estimated cost of the afore- said specific objects or purposes is $252,000 and the plan for the financing thereof is as follows: (a) By the issuance of $239,400 serial bonds of said Town hereby authorized to be issued pursuant to the Local Finance Law; and (b) By the issuance of $12,600 capital notes of said Town hereby authorized to be issued pursuant to the Local Finance Law. Such capital notes shall be sold at private sale and all further powers in connection with the details and sale thereof are hereby delegated to the Supervisor in accordance with the Local Finance 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 anticipation notes. Said $12,600 capital notes shall constitute the down payment re- quired by Section 107.00 of the Local Finance Law. Section 3. The following determinations are hereby made: (a) Of the $12,600 capital notes and $239,400 serial bonds authorized pursuant to Section 2 hereof, $1,000 capital notes and $19,000 serial bonds, respectively, shall be applied to the aforesaid Hunter's Creek Realignment Project; (b) Of the $12,600 capital notes and $239,400 serial bonds authorized pursuant to Section 2 hereof, $11,600 capital notes and $220,400 serial bonds, respectively, shall be applied to the aforesaid Mid -Point Park Subdivision Project; (c) The period of probable usefulness of each of the afore- said specific objects or purposes is thirty years pursuant to subdivision 3 of paragraph a of Section 11.00 of the Local Finance Law; and (d) The maximum maturity of the serial bonds hereby author- ized will exceed five years. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, 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 be- coming 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 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 pre- scribed by said supervisor, consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds, bond anticipation notes and capital notes 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, 702 and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publi- cation, or (3) Such obligations are authorized in violation of the pro- visions of the Constitution. Section 7. Upon this resolution taking effect, the same shall be published in full in Wappinger & Southern Dutchess News, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 8. 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: Leif Jensen voting Aye Nicholas Johnson voting Aye Bernice Mills voting Aye Janet Reilly voting Aye Louis Diehl voting Aye The resolution was thereupon declared duly adopted. A request to appeal the denial of a license to operate an auto wrecking yard was received from Mid -Hudson Auto Wreckers, Inc. pursuant to Section 137 of Town Law. Mr. JOHNSON moved to set a Public Hearing for the appeal of Mid -Hudson Auto Wreckers, Inc. on Monday, May 22, 1978 at 7:30 P. M. at Town Hall and further moved that Mr. Shapiro be notified of this Hearing. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Adams had previously sent to the Board an agreement to be signed by Dennis and Carol Truett, 23 Alpert Drive, Town of Wappinger regarding their drainage problem and it was now placed before them for their consideration. MR. JENSEN moved to authorize the Supervisor on behalf of the Town to negotiate this agreement with Mr. & Mrs. Truett and to accept their signature on this agreement. Seconded by Mrs. Mills. Motion Unanimously Carried On the Water and Sewer Plant Operators Bid, the two companies who had Bid, New and Used Water and Camo Pollution were sent copies of the report Mr. Lapar had prepared at the request of the Town Board "Specific Tasks" to be performed by the operators. Mr. Incoronato being recognized by the chair stated he had spent several hours researching vouchers turned in by Camo Pollution 0 3 during the past year. They had been awarded a bid'back in November 1976, the contract awarded was almost $128,000. The actual dollar amount, to the best of his estimate was $185,000, quite a bit over the bidded amount. He found that 50% was for laboratory analysis. He had found these items listed under their contract. This seemed to be in violation. Mr. Johnson explained that the lab analysis we were being charged for were certain tests mandated by the Department of Health. He asked Mr. Incoronato if, while checking the vouchers, did he note any charges that were overtime. We did have to pay time and on that and it does add up. Night hours, weekends and anything past 4 o'clock is overtime. Mr. Diehl asked that Mr. Incoronato leave the records he ques- tioned with the Town Clerk for these charges to be researched by the Comptroller to determine if they were legal charges. Mr. Johnson further explained there was extra work on chem- ical tests that went out to bid, not part of the contract. There was authorization for the bid and both are on file. The following letters were read: May 3, 1978 Town Board Town of Wappinger Mill Street Wappingers Falls, N. Y. 12590 Gentlemen: In regards to the "Specific Tasks" to be performed as prepared by your engineer, dated April 24, 1978, we find we are not able to perform same for the bid we offered. Upon reviewing the aforementioned specs, we find we still have some questions regarding the work to be performed. In any case, I believe our total bid would be in the neighborhood of $145,000. Please advise. Respectfully yours, s/Henry Mikaelian General Manager May 8, 1978 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y.. 12590 Re: 1978 Contract for Operation and Maintenance Water Supply Systems and Wastewater Treatment Systems Dear Members of the Board: We have reviewed the specific tasks for sewage treatment plant facilities and water supply facilities in the Town of Wappinger supplied by the Town Engineer, Mr. Lapar. Our original {701 quotation for these services of $136,918.92 included all of the items except as noted on the attached enclosure. Again, thank you for the opportunity of providing a quote for our services in this regard. Very truly yours s/George B. Cacchio Camo Pollution Control,Inc Mr. Johnson added that the 1.5 percent or time and for overtime is similar in both proposals. MR. JOHNSON moved to award the contract for Water & Sewer Plant Operators for Town of Wappinger to Camo Pollution Control, Inc. for the period from May 1, 1978 to April 30, 1979 in the amount of $136,918.92 as quoted by them. Seconded by Mr. Jensen. Motion Unanimously Carried The following letter was received: April 20, 1978 Mr. Louis D. Diehl Town Hall Mill Street Wappingers Falls, N. Y. 12590 Re: Sailor/Kent Road Dear Mr. Diehl: We have not yet received the easement for this storm water line. Mr. Sailor has delayed giving it to us. He has ob- jected to my request that we include in the easement the right to place in the future water and sanitary sewer lines, if necessary. - It is my position, that this request is reasonable in light of the improvement that will result to this property. Very truly yours, s/Allan Rapplyea Corbally, Gartland & Rappleyea Mr. Jensen felt a letter should be sent to Mr. Sailor and that these papers for the easement must be signed, otherwise, these monies will be allocated elsewhere. Seconded by Mr. Johnson: Motion Unanimously Carried Mr. Lapar interrupted to say he was sure they had received the easement since the work had commenced today. A letter was received from Wilson Excavators, contractors for Storm Sewer Project Contract #10, asking for prepayment for 0�i material (pipes and inlet basins) that had been previously ordered and were on the site. Their reason was that the bid was October 13, 1977 and contract signed January 4, 1978. The material was ordered and delivery canceled on eight occasions due to the absence of the easement from the owner. Mr. Lapar's letter reads as follows: May 4, 1978 Louis D. Diehl, Supervisor Town Hall Mill Street Wappingers Falls, New York 12590 Re: Storm Sewer Project Contract #10 Kent Road Dear Mr. Diehl: We have reviewed Wilson Excavator's letter in regards to material payment. It is our opinion that this payment be made to the Contractor due to the circumstances. The job should start on or about May 8, 1978 and should be completed by May 26, 1978. If you have any further questions, please call. Thank you. Very truly yours, s/Joseph E. Paggi,Jr.P.E. MR. JENSEN moved that prepayment be paid to the contractor and this money be taken from Downstream Drainage Funds until bonding is received. L Seconded by Mrs. Reilly Motion Unanimously Carried The following letter was received: April 20, 1978 Mr. Louis Diehl Town Hall Mill Street Wappingers Falls, N. Y. 12590 Dear Mr. Diehl: As you may recall, this arrangement for Watch Hill was made because of the physical lay -out of the fact that the merger part of the development was in the adjoining town. At the time paper districts were formed because no capital investment was contemplated. In my opinion, the matter should be handled by agreement with the Town of Fishkill. We could provide that they are to do the main- tenance and the billing, or as an alternative, they could bill us for a flat charge and we, in turn, bill the resi- dents. Operation and maintenance could be performed by the Town or by contract with Fishkill. With respect to the water, since that is a private company, I suggest we unite a procedure whereby we simply purchase water through a master meter. I realize that this is difficult to ad- minister, but perhaps Mr. Arkwaywould agree by contract 706 for an annual fee to provide maintenance. Normally, the Town of East Fishkill would not have a right to dig up our roads and fix the sewer lines, however, it might be wise to delegate them that right, as well, as the mainten- ance costs are going to be charged as a general cost to everybody who is using the system. In fact, that would be a preferable method. To summarize the situation, I suggest a contract with Arkway providing two things: A rate for purchase of water through a master meter whereby we would then bill the district residents for con- sumption. With respect to maintenance, I would think he could give us an annual estimate which we then could add as a part of the quarterly bill and pay him for maintenance. It would be preferable if this were a flat charge. With regard to the sewer, I would think we could bill the sewer customers and remit the money to Fishkill. It would be preferable if they, likewise, did the main- i tenance and included that in their annual charge. Very truly yours, s/Allan Rappleyea Corbally, Gartland, & Rappleyea Mr. Diehl reported that he had arranged a meeting with the Town of Fishkill Town Board on Monday, May 15, 1978 at 5 P.M. with them, our Water & Sewer Committee and our attorney at Town Hall, Town of Fishkill to coordinate our desires and and intents and reach an agreement. After that meeting is finalized, he will schedule a meeting with Mr. Arkway in regard to water, possibly on May 22, 1978. MR. JOHNSON moved to receive Mr. Rappleyea's letter and place on file. Seconded by Mrs. Mills. Motion Unanimously Carried Mr. Lapar reported on alternate routes as requested at the . April meeting on Bel Air Lane Storm Sewer. MR. JOHNSON moved to refer this to the Drainage Committee to be included in their studies on Town drainage. Seconded by Mrs. Reilly. Motion Unanimously Carried Mr. Lapar submitted an estimate from a surveyor regarding Fence Encroachment Survey at Fleetwood Recreation Area. The estimate submitted was $600.00 and he asked authorization from the Board to proceed. MR. JENSEN moved that the survey on fence encroachment at the Fleetwood Recreation Area be performedfora fee not to exceed$600.00 Seconded by Mr. Johnson. Motion Unanimously Carried The following letter was read: April 25, 1978 Jack R. Hill, Public Health Administrator Dutchess County Health Dept. 22 Market Street Poughkeepsie, N.Y.12601 Re: Oakwood Knolls Sewage Treatment Plant Dear Mr. Hill: The enclosed report shows our findings on the capacity of the Oakwood Knolls S.T.P. to handle additonal flows speci- fically from the proposed D.W.S. Subdivision. As indicated in our report, the major source of inflow is in the Oakwood Knolls Subdivision. In addition, the Town has authorized the cleaning of the clogged lines between the biological discs and final clarifiers. Since the Tri -Municipal Sewer Improvement Area is proceeding toward the elimination of inflow in this area it is our pro- fessional opinion that D.W.S. should be allowed to tie into the Oakwood Knolls S.T.P. Very truly yours, s/Rudolph E. Lapar, P.E. MR.JOHNSON moved to receive the report and place it on file. Seconded by Mrs. Mills. A letter was received from Mr. Sarno: Mr. Louis Diehl Town Supervisor Town of Wappinger Wappingers Falls, N.Y.12590 707 Motion Unanimously Carried April 26, 1978 13 Dana Place Wappingers Falls, N.Y.12590 Subject: Request for inclusion in the agenda of the Town of Wappinger Board meeting to be held Monday May 8,1978. Dear Mr. Diehl: I am a resident of Dana Place and I am concerned about the surface water drainage problem that exists on Dana Place. In the mid 1960's when Dana Place was originally surfaced no storm drain line was installed. In the mid 1970's when Dana Place was paved still no storm drain line was installed. The results of paving Dana Place where to raise the level of the roadway sev- eral inches. In turn this caused a damming effect and trapped the running surface water in pools in the cul-de-sac on Dana Place. The water seeping into the ground around the cul-de-sac caused damage to the driveways of the residents on the cul-de-sac. In the winter months there is generally a sheet of ice covering much of Dana Place. In addition the large amounts of snow plowed up Dana Place and deposited in one or two large mounds adds significant amounts of water to the surface water drainage problem. I would like to see a storm drain line installed that would connect to the drain line at the base of Dana Place where it intersects with Wildwood Drive. Two or three catch basins strategically located along the course of the Storm drain lir would significantly reduce if not totally eliminate the surface water drainage problem. '708 Very truly yours, s/Gregory F. Sarno Mr. Diehl had already referred it to Mr. Horton, Highway Superintendent, but due to a water line break at Royal Ridge, he was not present at the meeting. Mr. Lapar, however, was cognizant of the problem and reported that he and Mr. Horton had inspected the site this afternoon. There seems to be a change in the original grade so there is a rise in the road and it does ice in the winter. It would be an expensive project to undertake. Mr. DIEHL moved that Rudolph Lapar and William Horton collaborate on a solution and provide two (2) alternate plans to correct he problem, and present it at the next meeting. Seconded by Mrs. Mills. Motion Unanimously Carried The Wappinger Central School requested the use of seven voting machines for the school budget vote on June 7, 19781. MR. JENSEN moved that the request from Wappinger Central School District for seven voting machines for use at the school budget vote on June 7, 1978 be granted and the pick up and the return of machines be under the direction of the Highway Department. Seconded by Mr. Johnson. Motion Unanimously Carried The following letter was received: April 27, 1978 Town Board Town of Wappinger Dear Board Members: I request permission to become a tenant to the Central Wappinger Water District, subject to conditions addressed and signed by me this date, April 27, 1978. Very truly yours, s/Michael D.Cornell President Mr. Johnson asked if the agreement included all conditions, he would pay double rates as a tenant and connection is made at the owners expense, subject to inspection by the Town Plumbing Inspector and would agree to become part of another district or improvement area if enlarged. 09 MR. JOHNSON moved to grant permission -to Michael Cornell to become a tenant of Central Wappinger Water District subject to all conditions imposed by the Town. Seconded Mr. Mrs. Mills. Motion Unanimously Carried Applications for Peddlers Licenses in the Town of Wappinger were received from Merle Sullivan (ice Cream) Marie Mitropoulos (ice cream) Gary Ferraro (hot dogs) Theresa Dysard (hot dogs) and Robert Murano (hot dogs). MR. JOHNSON moved to approve the Peddler's License for the following: Merle Sullivan, Marie Metropoulos, Gary Ferraro, Theresa Dysard and Robert Murano. Seconded by Mrs. Reilly Motion Unanimously Carried The following letters were received: April 27, 1978 Louis Diehl, Supervisor Town of Wappinger Mill Street Wappingers Falls, New York Re: Central,Wappinger Water Impr. Contract #10 E.D.A. Project ##NY -01-51-26277 Changed Conditions Our File #CWW-10-302 Dear Sir: In our letter of April 19, 1978, we made your office aware of several CHANGED CONDITIONS which we had encountered on the above named project. Recently we encountered another unique changed condition which also must be brought to your attention. Earlier this week, we attempted to install Hydrant Assemblies @ Plum Court and Short Court, both off Shale Drive and Rich Court off Tor Road. We had been previously advised by the office of your Engineer, Rudolph E. Lapar, P.E., P.C., that in all three instances available as -built drawings indicated the existence of a six (6) inch water main spur through these areas. While excavating for the Hydrant Assembly we found not a six (6) inch main but a one (1) inch service line. It is apparent that the developer of this area did not install a TEE and WATER MAIN AS DETAILED but instead made a one (1) inch tap on the main and ran this one (1), inch service line the length of the street. In complete disregard of current acceptable Engineering Standards, these one (1) inch service lines are required to service three (3), and in the case of Plum Court four (4) 710 separate residences. These CHANGED CONDITIONS when exposed were witnessed by personnel from the office of your Engineer and Mr. Bill Horton, of the Highway Department. The result of this obviously unanticipated Changed Condition is that we have suffered unreasonable expenses to excavate and backfill with no compensation and we anticipate additional expenses because of the increased blacktop resurfac- ing required. We are currently monitoring the additional costs involved and will make your office aware of final charges when our field information has been completed. Thank you for your assistance in this matter. Yours truly, s/ William L. Cahill Project Manager May 4, 1978 Louis D. Diehl, Supervisor Town Hall Town of Wappinger, Mill Street Wappingers Falls, N.Y. Re: Central Wappinger Water Imp. Contract #10 E.D.A Project NY -01-51-26277 Dear Mr. Diehl: We have reviewed Wilson Excavator's letter in regards to changed conditions. It is our opinion that additional charges may be justified due to these changed conditions and that the scope of these changes will have to be monitored as construction progresses. It should be noted that we have to work within the approved EDA budget and therefore, some hydrants that were planned on being installed would have to be bypassed. If you have any questions, please call. Thank you. Very truly yours, s/ Joseph E. Paggi, Jr. MR. JOHNSON moved to receive the letters and place them on file. - Seconded by Mrs. Mills Motion Unanimously Carried Mr. Hirkala, on this subject, being recognized by the Chair asked if they could have a preferred list of developers to work in Town and engineers, so we could avoid this in the future. There was discussion pro and con on this, whether it was legal, how it could be avoided. 711 MR. JENSEN moved that the Attorney be directed to look into this and perhaps a disclosure statement of prior work could be procured from developers contemplating work in our Town. Seconded by Mrs. Mills Motion Unanimously Carried The following letter was received: May 2, 1978 Zoning Board of Appeals Town of Wappinger Town Hall -Mill Street Wappingers Falls, New York Re: Robert's Running Creek Dear Board Members: This is to advise you that the Court of Appeals, the highest appellate court in this state, has affirmed and sustained your decision in the above matter which denied to the applicant a special permit for the expansion of his mobile home park. The decision was affirmed without opinion. Very truly yours, Corbally, Gartland & Rappleyea s/ Jon Holden Adams MR. JOHNSON moved to receive the letter and place it on file. Seconded by Mrs. Mills Motion Unanimously Carried The following letter was received: April 29, 1978 Town of Wappinger (Town Board) 123 Mill Street Wappingers Falls, New York Subject: Release of surety bond for the White Gates Meter Pit. Gentlemen: I posted a certified check for the sum of $7,500.00 as security for the White Gates Meter pit. I have completed the project. There is 5% maintence retainage that will be held for one year. It would greatly be appricated if you could release the bond or part of it. Thank you, s/ Joseph Ruscitti, Pres. Mr. Jensen questioned whether this should be 10% retainage fee. Mr. Lapar said he had recommended the 5% retainage fee, but as far as release of the bond, it should be referred to the Attorney. 712 MR. JOHNSON moved to refer this to the Attorney for review and recommendation. Seconded by Mrs. Reilly Motion Unanimously Carried A letter was received from Sanat Patel, 45 Cider Mill Loop, complaining of a block in the sewer line and asked for a refund of money expended for repair. Mr. Diehl had investigated it through Camo Pollution, it appeared possible that it was not the responsibility of the home owner. However, no written report had been received. MR. JENSEN moved that a written report verifying this blockage be requested from Camo Pollution and other agencies involved and inform the applicant of this action. Upon receipt of this verification, monies will be refunded to Mr. Patel. Seconded by Mrs. Reilly Motion Unanimously Carried Under Reports of Committees ---- MRS. REILLY moved to request the Attorney to amend the Peddler and Hawking License to increase the fee from $5.00 to $25.00 and to require the vendor to move from one place to another --not to remain stationary, or incur a violation. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Johnson reported that the Ordinance Committee had met with the Zoning Board of Appeals to review three requests --1. they discussed the ordinance relating to horses and it was decided that 10 acres of land was sufficient to keep a horse. 2. change setback requirement for free standing signs and a proposal was made that setbacks should be a minimum of 25' with the existing 25 square foot sign requirement remaining the same and they have asked the Attorney to prepare the necessary reso- lution to act on this. 3. concerning temporary signs but that was tabled. On the Zoning Ordinance he had previously stated that the Ordinance Committee was reviewing the Ordinance with tie hope that they would be able to present a comprehensive x'13 new Zoning Ordinance and have something ready this month, but they were not able to do this so hopefully next month they will have something to present. On the Water and Sewer Committee, Mr. Johnson reported on the booster pumping station on Top O'Hill - this was brought up by Mr. Johnson at previous meetings, but along with winter, progress had stopped. They needed backfill and grading and possible moving of the vent stack to eliminate an eye sore to the area residents. Further reports from Mr. Johnson --in the EDA project on fire hydrants installation, about 50 of them, but 20 of them are buried. The water lines are deeper than they should be and the extensions to raise them were not available. He asked the pFess to note in their article that the contractor would be back to correct the depth of the hydrants. They covered them rather than leave an open hole, but they will be corrected. Under Unfinished Business was a request from D.W.S. holdings to phase the inspection fees on Cranberry Hills Development. MR. JOHNSON moved to table this until the June meeting. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Lapar reported on Mrs. Pierson's drainage problem at Beechwood Circle. He and Mr. Horton had made a site inspection - there is a swamp behind her house - it's been there at least twelve years. Mr. Horton is going to install a pipe on the Town right-of-way, in that area sometime this summer to maintain the road. They both recommend that the Town do nothing on this property, but if Mrs. Pierson so desires to hook into this storm drainage, there would be no objection, and Mr. Horton can leave an opening for this purpose. MR. DIEHL Moved that the Town Clerk notify Mrs. Pierson of this action. Seconded by Mr. Johnson Motion Unanimously Carried 714 MR. JENSEN moved that the Town Board authorize the Building Committee (he and Mrs. Reilly) to contact architects and obtain costs for plans for a new Town Hall on the parcel we have acquired on Middlebush Road. When this has been accom- plished, they can then discuss funding. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Diehl was enthused about this since if they did apply for a government grant, they must have plans available to qualify as an applicant for such grant. Mr. Bruno Renzi, St. Nicholas Road, being recognized by the Chair, asked the Board for information on a piece of land on this road that he wished to purchase ---can he do this by subdivision or by a deed? Mr. Adams understood what he wanted to know and asked if the land he wanted to purchase was part of a larger parcel or part of a subdivision. He was not sure. Mr. Adams referred him to the Planning Board, as the present owner would have to probably get a subdivision approval. Mrs. Mills had received several phone calls from Vincent Mocarski regarding a water problem in Oakwood at Robert Lane. She had contacted Mr. Horton who told her there was money appropriated for drainage in that area. She wondered what the status was --when will this be done. MRS. MILLS Moved that a letter be directed to Mr. Horton asking for information as to when this drainage work will commence to relieve the problem on Mr. Mocarski's property. Seconded by Mr. Jensen Motion Unanimously Carried Mr. Mills had received complaints on the Spring Clean -yup that the Town had conducted. The residents were not happy that the clean-up crew did not pick up all items, just certain ones. She suggested a complete clean-up next time --pick up everything. Wappinger seems to be theonly Town in the County that does not do a complete clean-up. Mr. Diehl had complaints, too and thought they should look into this ----perhaps pick up metal and store it until the fall when the collector we had previously made arrangements with, could pick it up. They should research it and find what it comes to in dollars and cents. He felt it was a good avenue to pursue. Mr. Jensen brought up the fact that if everything was picked up at one Mr. Lapar expensive items and time, they would need manpower to separate wished to speak as a resident --it would be to the Town if the residents separated the it. less metal tires from the other debris. Speaking as Engineer to the Town, the Department of Health would not allow any metal in the landfill site we were using for this. It's possible we are the only Town that is doing it the right way, so we have to suffer a bit. MRS. MILLS moved that the Board study this further and research the costs involved and think about stockpiling the metal until the proper time for it to be collected. Seconded by Mr. Jensen Motion Unanimously Carried MR. JENSEN moved to adjourn the meeting, seconded by Mrs. Mills and carried. The Meeting adjourned at 9:43 P.M. Reg. Mtg. 5/8/78 Gladys R'd'it Deputy Town Clerk 715