1976-10-12 RGMAGENDA
TOWN BOARD
TOWN 0? WAPPINGER
OCTOBER 12, 1976
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. REPORTS OF OFFICERS
Supervisor Town Justices Receiver of Taxes Bldg. Insp.
Zoning Adm.
---- 4, RESOLUTIONS
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tl 1. Conservation Advisory Council to Hoard
-71 " - '.---
i, 2. Ardmore Hills Bonding -
i:
i 3. Vacancy on Board of Assessment Review - J. Ludewig term expired
9/30/76 A
il
5. PETITIONS & COMMUNICATIONS .
a. Jean S. Poland re: Top soil & seeding Easement - CWW Imp. #1
b. Russ & Edna Winters re.: Sailer Subdivision
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1:
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11 \.
11
11,
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1
c. R. G. Barger re: Maintenance Bond - Caroline St. East. Thornacres •
d. M. Ryan re: Holidays
e. E. Hawksley rei Office Space
6. COMMITTEE REPORTS
7. UNFINISHED BUSINESS ,
A. R.E. Lapar re' rt - Wappinger Storm Sewer Project - Contract #8 &
approval of fi al payment
B. R.E. Lapar repdrt on Widmer Rd. meeting for approval of Storm
Sewer Project Contract #7
C. Cleanup day - Report from L. Diehl re: cost of Dumpster
E. Highway Specification Revisions
F. Joh Description re: eligible list for Zoning Adm.
G. Complaints of Kelsof & Huang
H. CWW Hilltop System - Well Development
I. Herczeg property - Culvert
8. NEW BUSINESS
9. ADJOURNMENT
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339
The Regular Bimonthly Meeting of the Town Board of the Town of
Wappinger was held on October 12, 1976 at 8:00 P.M. at the Town
Hall,. Mill Street, Wappingers Falls, New York.
Supervisor Diehl called the meeting to order at 8:17 P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
'Leif Jensen, Councilman
Nicholas Johnson, Councilman
Frank Versace, Councilman
Elaine Snowden, Town'Clerk
Others Present:
William Horton, Highway Superintendent
Rudolph Lapar, Engineer to the Town
Allan Rappleyea, Attorney to the Town
Reports for the month of September were received from the Supervisor,
Town Justices, Building Inspector, Receiver of Taxes and Zoning
Administrator.
MR. CLAUSEN moved the reports for the month of September as
submitted be accepted and placed on file.
Seconded by Mr. Johnson
Motion Unanimously Carried
A resolution, having been prepared by the Attorney to the Town and
having been tabled from last months meeting with respect to changing
the Town of Wappinger Conservation Advisory Council into a Board
was placed befdre the Board for their consideration.
MR. JOHNSON moved that the Town Board direct the Planning Board to
refer all applications for subdivision approvals to the Town of
IWappinger Conservation Advisory Council for their review, and
their` response to be given within a '45 day period.
Seconded by Mr. Clausen.
Motion Unanimously Carried
4°
The following resolution was offered by COUNCILMAN CLAUSEN who
moved its adoption:
A RESOLUTION AUTHORIZING THE CONSTRUCTION OF WATER
SUPPLY, STORAGE AND DISTRIBUTION SYSTEM IN AND FOR THE
ARDMORE HILLS WATER IMPROVEMENT AREA IN THE TOWN OF
WAPPINGER, DUTCHESS COUNTY, NEW YORK, AT THE MAXIMUM
ESTIMATED COST OF $362,000, AND AUTHORIZING THE
ISSUANCE OF $362,000 SERIAL BONDS OF SAID TOWN TO
PAY THE COST THEREOF.
WHEREAS, pursuant to proceedings heretofore had and taken
in accordance with the provisions of Section 209-q of the Town
Law and more particularly an order of this Town Board dated
June 10, 1974, and an approving order of the State Comptroller
dated October 30, 1975, the Town of Wappinger, Dutchess County,
New York, has established a water improvement area to be known
as Ardmore Hills Water Improvement Area in said Town, and has
auth)rized improvements proposed therein for the providing of
water supply, storage and, distribution facilities; and
WHEREAS, it is now desired to provide for the financing
of such improvements; NOW, THEREFORE BE IT
RESOLVED, by the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
Section 1. The construction of the water improvements
desCribed in the preambles hereof consisting of water supply
and water storage facilities and appropriate water mains,
pumping stations and original furnishings, equipment, machinery
and apparatus necessary therefore, together with incidental .%
expenses in connection therewith, is hereby authorized in and
for the Ardmore Hills Water Improvement Area in the Town of
Wappinger, Dutchess County, New York, at the maximum estimated
cost of $362,000.
Section 2. The maximum estimated cost of such specific
object or purpose is $362,000, and the plan for the financing
thereof is by the issuance of $362,000 serial bonds of said Town,
hereby authorized to -be issued pursuant to the Local Finance Law.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is forty years, pursuant to subdivision 1 of paragraph a of
Section 11.00 of the Local Finance Law. It ishereby 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,
Dutchess County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such bonds as the
same respectively become due and payable. There shall be annually
apportioned and assessed upon the several lots and parcels of
land within said Ardmore Hills Water Improvement Area which the
Town Board shall determine and specify to be especially benefited
by the improvement, an amount sufficient to pay the principal and
interest on said bonds as the same becomm due, but if not paid
from such source, all the taxable real property in said Town shall
be subject to the levy of ad valorem taxes without limitation as
to rate or amount sufficient to pay the principal of andinterest
on said bonds as the same shall become due.
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Section 5. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, form and contents,
and shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with the provisions of the Local Finance
Law.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an objecti 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 viobtion of the
provisions of the Constitution.
Section 7. This resolution which takes effect immediately,
shall be published in full in the W&SD News, the official news-
paper, together with a notice of the Town Clerk in substantially
the form provided in Section 81.00 of the Local Finance Law.
Seconded by Mr. Jensen.
Roll Call Vote:
Councilman Clausen Ave
Councilman Jensen Ave
Councilman Johnson Ave
Councilman Versace Ave
Supervisor Diehl Ave
Resolution Duly Adopted
Mr. Versace, in discussion of the above resolution, mentioned
correspondence received from the Comptroller regarding the Public
Works Employment Act of 1976. In it, it refers to grants that the
Federal Government would allow for improvement areas for the con-
struction of sewers and water lines and public buildings. He
wondered if, at this time, referring to the Ardmore Hills Water
project, it would be eligible un3 er this grant. We've met just
about all of the criteria and if there is an opportunity to receive
a 100% grant, could this be researched, for if there is any possibil-
ity, we should take advantage of it.
MR. VERSACE moved to refer the comptroller's correspondence on
information concerning the Public Works Employment Act of 1976 to
the Attorney to the Town for research with regard to ascertaining
if the Ardmore Hills Water project would be eligible under this
grant application.
Seconded by Mr. Clausen.
Motion Unanimously Carried
The term of office of Joseph E. Ludewig, as a member of the Board
of Assessment Review, expired September 30, 1976, therefore the
matter of the vacancy was placed before the Board for their consid-
eration.
The following resolution was offered by COUNCILMAN CLAUSEN, who
moved its adoption:
RESOLVED, that Joseph E. Ludewig be and he hereby is appointed
to fill the vacancy on the Board of Assessment Review of the Town
of Wappinger which has occurred by reason of the expiration of
the term, and it is
FURETHER RESOLVED, that the said Joseph E. Ludewig is hereby
appointed to the said Town of Wappinger Board of Assessment Review
for a term which shall expire on the 30th day of September 1981.
Seconded by Mr. Jensen
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
A number of transfers were requested by the Comptroller but since
the request had only been received this evening, Supervisor Diehl
directed they be tabled to the next Board meeting, in order to give
the Board time to study them.
The following letter was received:
18 Ervin Road
Wappingers Falls, NY
September 29, 1976
Town Board
Town of Wappinger-Mill Street
Wappingers Falls, NY
Dear Sirs:
Last year we signed an easement agreement with the town in
connection with the Central Wappinger Water Improvement Contract
##4. In this agreement it states that our lot would be returned
to its original condition, except for the trees.
Last fall the contractors roughly graded the easement and seeded
ki of the area. Today the area is a complete mess! They have
never returned to complete their job. We have had a lot of
vandalism done to our property. The easement, where they didn't
topsoil and seed, looks like a roadway. We have cars, horses,
and motorcycles going through our lot.
I have contacted Joseph Paggi many times about this matter. Mr.
Paggi wrote two letters dated, June 4, 1976 and July 29, 1976,
informing the K&A Excavating Contractors, Inc. to finish top -
soiling and seeding our property. He also stated if the work
was not completed by September 15, 1976, action would be taken
against their fiinu.
Would you please look into this matter at your earlies conven-
ience. Thank you.
Very truly yours,
s/ Jean S. Poland
Mr. Lapar reported that K&A had told him this work would be done
within two weeks after the last meeting (today or tomorrow).
MR. DIEHL moved that Mr. Lapar be instructed to see that the work
is completed, and a back charge to the contractors retained per-
centage.
Seconded by Mr. Johnson.
Motion Unanimously Carried
The following letter was received:
4110 Town Board
Town of Wappinger-Mill Street
Wappingers Falls, NY
Re: Sailer Subdivision
Dear Board Members:
343
65 Kent Road
Wappingers Falls, NY
October 2, 1976
Mr. Sailer is presently filling the wetlands along Kent Road
which contain some of the so-called building lots described as
unsuitable for development in the attached recommendations from
both the Dutchess County Planning Department and the Town of
Wappinger Environmental Advisory Council.
Although these wetlands will be altered by covering the reported
unstable soil with fill, we are confident that the Planning Board
will protect the potential future taxpayers (who would otherwise
be enticed into buying homes on these lots) by heeding the warnings
5 41
in the attached reports and refuse final building approval for
those lots included in the wetlands in dispute.
Thank you for your consideration.
Very truly yours,
s/ Edna Winters and
Russ Winters
MR. VERSACE moved that the Winters' letter be received and placed
on file.
Seconded by Mr. Clausen.
Motion Unanimously Carried
The following letter was received:
Oct. 5, 1976
Town Board
Town of Wappinger-Mill Street
Wappingers Falls, N.Y.
Re: Caroline Street, East
Thornacres Section II
Gentlemen:
On behalf of the Thornacres Development Corp., we respectfully
request that the Town Board release the maintenance bond on the
road designated as Caroline Street East as shown on a map entitled
Thornacres Section II.
All required improvements have been installed and inspected. It
is my understanding that the Town of iWappinger Highway Superinten-
dent is satisfied with the installation of said improvements and
the completion of the road.
Very truly yours,
s/ Richard G. Barger, P.E.
MR. CLAUSEN moved, upon the Highway Superintendent's recommenda-
tion the maintenance bond for Caroline Street, East, Thornacres
Section II be .released.
Seconded by Mr. Jensen.
Motion Unanimously Carried
A memo was received from Mr. Ryan, Comptroller regarding the
confusion as to which Veterans Day should be observed as a Holiday
for the Town. Mr. Ryan additionally mentioned the fact that the
7
Board had seen fit to extend to the employees the day after
Thanksgiving last year, would they give similar consideration
this year, and along these lines, consider giving them Christmas
Eve day this year since Christman falls on a Saturday.
MR. JENSEN moved that November llth, the traditional Veterans Day
as the holiday to be observed by the Town.
Seconded by Mr. Johnson.
Motion Unanimously Carried
MR. JOHNSON moved that the Town Offices be closed the day after
Thanksgiving and Christman Eve Day, December 24, 1976.
Seconded by Mr. Clausen.
Motion Unanimously Carried
The following letters were received:
6 October 1976
Wappinger Town Board
Mill Street
Wappingers Falls, N.Y.
Gentlemen,
It appears that recent negotiations for larger quarters
for the Justice Court will result in vacant office space at
their present location.
May I request that this council be given consideration
for sufficient space, when availhble, to properly conduct
its business.
Since office furnishings have already been donated to
us, no additional expense would be incurred.
Sincerely,
s/ Edward S. Hawksley
Co -Chairman, Town of
Wappinger Conservation
Advisory Council
11 October 1976
Town of Wappinger Board
Town Hall -Mill St. Wappingers Falls, NY
Gentlemen:
It has been brought to my attention that the Town Justices will
t 46
soon move out of their quarters above the Marine Midland Bank on
Main and Mill Streets in Wappingers Falls.
The Wappingers Falls Chamber of Commerce has been growing very
rapidly and we are not in need of office space to rent. We
require space enough for a desk, chair and filing cabinet.
We would also have our own phone. The office would be used
only during daytime hours (exact time not as yet determined).
If there would be any chance that there would be available
space in the above mentioned offices for our need, I would
greatly appreciate your letting me know.
Thank you for your consideration of this matter.
Sincerely,
s/ Norman F. Nuss]iickel
Pres.
MR. JOHNSON moved both Mr. Hawksleys and Mr. Nussbickels letters
be received and placed on file.
Seconded by Mr. Clausen.
Motion Unanimously Carried
The following bid analysis and recommendation was received:
October 11, 1976
Town Board, Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Dear Board Members:
Enclosed please find three bids for two (2) water services
located on All Angels Hill Road.
The results are as follows:
Dave Alexander, Inc.
K&A Excavating Contractors, Inc.
Wilson Excavators, Inc.
$1,300.00
1,500.00
3,285.00
We recommend that the Board award the bid to Dave Alexander, Inc.
the low bidder.
Very truly yours,
s/ Joseph E. Paggi, Jr.
Engineer
MR. CLAUSEN moved to accept the recommendation of the Engineer
and award the bid to Dave Alexander, Inc., in the amount of
$1,300.00 for installation of two water services on All Angels
Hill Road.
347
SecondedbyMr. Johnson.
Motion Unanimously Carried
The following report was received:
October 7, 1976
Town Board, Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Wildwood Sewer District
Flow Meter Installation
Dear Board Members:
Please be advised that the above project was completed one
year ago and that the meter is operating in a satisfactory
manner.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
MR. JOHNSON Moved to receive Mr. Lapar's report and place it
on file.
Seconded by Mr. Clausen.
Motion Unanimously Carried
The following letter was received:
October 7, 197E
Town Board, Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Gentlemen:
As of October 7, 1976, this department will no longer
approve final plot plans that deviate from the original
preliminary approval, unless such deviation had previously
been approved, in writing, by me.
I feel that, for the best interests of the town, a
meeting should be arranged between all town personnel involved.
Very truly yours,
s/ William P. Horton
Mr. Diehl observed that a meeting had been set for 6:30 P.M.
Friday night (Oct. 15th) and asked that the Town Clerk notify
the Building Inspector and Zoning Administrator of this date
and time.
Under Committee Reports, Mr. Versace asked the Engineer if he
had gotten the report back from G. B. Cacchio concerning the
improvements at the Oakwood Knolls Plant for the timers with
regard to the odor problems the residents have experienced.
Mr. Lapar indicated he had not gotten that report, the only
report he understood he was supposed to get was for the new
bro-disc. Mr. Versace asked if Mr. Lapar would then contact
Mr. Cacchio and find out what his research has turned up with
respect to the automatic timers. Some further discussion ensued
regarding the odor problem and the considered remedies.
Mr. Jensen spoke, regarding Sewer Improvement #1, of the fact
that its been several years since the Town has set it up, all
the sewer lines have been laid - minus Cedar Hill - and the
residents in Sewer Improvement #1 feel they are taking the full
brunt of operating that plant because there are so few users.
To follow up on this, he suggested that the Board adopt a policy
to charge O&M for all residences and commercial properties that
have the use of a sewer pipe outside their particular residences
or properties. This will spread the cost over a greater base
and thereby reduce the cost to those people in Sewer Improvement
#1. Several years ago it was felt this wasn't the policy to take,
that enough people would hook in, since the need was there, and
it seems with the increased costs of the O&M, that it should be
spread over the whole district. The old reports were based on
all the projected costs on everybody paying the O&M. Two years
have gone by, and possibly its time to consider spreading this
cost over the whole district. He would also like to direct the
Attorney to research to see if its possible to do this.
The second item Mr. Jensen brought up for discussion was Brook
Place - the road in Scofields Development (off All Angels Hill
Road). He asked Mr. Horton if this road had been done yet. Mr.
11
8 4
Horton answered no, it hadn't. Mr. Jensen reflected that this
particular developer had received preferential treatment from
some of the Board in the past, and it has been over three months
now since the residents had spoken to the Board about the fact
that this road still wasn't completed, and that they didn't
wish to go another winter with it in the condition it was in.
Mr. Rappleyea, at this point, reported on the status of this
problem, as far as his involvement was concerned and some dis-
cussion followed.
MR. JENSEN moved that Mr. Horton, Highway Superintendent be
directed to take all necessary steps to have Brook Place paved
this year, and if necessary, it be done with the assignment of
funds on deposit with the Supervisor's Office and upon proper
referral to the Planning Board.
Seconded by Mr. Johnson.
Motion Unanimously Carried
Mr. Jensen reported on the Tri -Municipal meeting in Washington
on Sept.29th, and indicated that some days after that meeting,
the Commission received official communications from the EPA
stating their position on the project. The Commission will be
meeting on Oct. 14th to discuss the letter and what action they
want to take next. His comment on the EPA letter was that un-
fortunately their position on the project doesn't coincide
entirely with the NYS Department of Conservation, thereby putting
the Tri -Municipal Commission in the middle of two enforcement
agencies.
The following report was received:
October 5, 1976
Town Board, Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Wappinger Storm Sewer Project
Contract #8
Gentlemen:
Enclosed please find a memo from our Project Engineer which
is self-explanatory.
I believe this fulfills your request of the September 27, 1976
meeting of the Town Board.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
October 5, 1976
Memo To: Rudolph E. Lapar, P.E.
From: Joseph E. Paggi, Jr.
Re: Deppe Easement = Wappinger Storm Sewer Project
Contract #8
On September 30, 1976, I met with Mr. Deppe and representatives
from Dave Alexander, Inc. on the job site regarding the comple-
tion of work on the Deppe Easement. It was agreed that the
following work still remained to be done:
1. Completely topsoil and seed area.
2. Rip -rap area around headwall to prevent erosion.
On October 4, 1976, I visited the job site and found that the
above work had been done.
Mr. Lapar previously had recommended that final payment be
approved,
MR. JENSEN moved that the final payment be mdde to Dave
Alexander, Inc. for Wappinger Storm Sewer Project Contract #8
subject to the contractor referring the claim of Mrs. Barton's
crack in her basement floor to his Insurance Company.
Seconded by Mr. Johnson.
The following report was received:
Motion Unanimously Carried
October 1, 1976
Memo To: Town Board, Town of Wappinger
From: Rudolph E. Lapar
Re: Meeting on Widmer Road for examination of the
Widmer Road Storm Sewer Project prior to the
finalization or release of retainage
Date of
Meeting: Saturday, 9/18/76, between hours of 10AM &:),12 Noon
Present
At
Meeting: William P. Horton, Supt. of Highways, T/W
351
Present: John Alexander, representing Dave Alexander, Inc.
Rudolph Lapar, Consultant to the Town of Wappinger
First Stop: Homes of Laffin and Ziegler
The indication of these two gentlemen and their wives was that
the project did not help them: Mrs. Ziegler said that it hurt
because they had made themselves what is tantamount to a drain
by bringing gravel in and letting the water di€isipate into the
ground, and, when this project was put in, the area that they
had put gravel_in was topseeded and soiled so that the water
stays there longer. The overriding thing was that they didn't
feel that the project was necessary and their biggest complaint
was that it should never have been done in the first place.
Second Stop: Residences of F. Slader and Tim Smith
Both indicated that the basins were not picking up the water,
the roadway was higher than it was before the project, and water
was "pocketing" on their property. Mr. Slader suggested that
the least that should be done is to knock out a rock ledge
next to one of his maple trees so that he can possible drain
the water to a nearby basin.
No solution was recommended for Mr. Smith's problem wherein his
driveway is below the road, and there was ponding on the day
in question.
Third Stop: Residences of Evangelista and O'Neill
Indication, by photos, etc., was that the road on Mr. O'Neill's
side had been lowered (the first instance of the lowering of
the road rather than the general complaint that the road had
been raised). The crown is now on the 'other side of the road,
where before Mr. O'Neill had been able to come out almost level
with his driveway and the road.
Mr. Evangelista complained that he had a rock garden near theold
oak tree which was destroyed by the construction.
Next stop was at the residence of Perlev Heady
Mrs. Heady indicated that the rock fence in front of her house
was not properly repaired. It was agreed at that time that
Mr. Alexander would repair the fence as per her request.
Next was the residence of McKinney's
Mrs. Marvin McKinney said that the drainage had not helped her
property and there was no advantage to the property. She has,
in conjunction with Mr. Laffin and Mr. Ziegler, indicated that
they saw no reason why the project was done in the first place.
Next stop was at the residence of Mr. Bruce Frasier:
Mr. Frazier gave us a bill for damage to his TV set and
requested that the Contractor pay same. A copy of the bill
is enclosed herewith. He also claims that gutters were supposed
to have been put in and they were never done.
In the same area, the Gordons indicated that their driveway
had been damaged and there were definite indications certainly
that a curb had been damaged. Alexander agreed that his firm
should replace the curbing. Again, they complained about the
raising of the roadway and the fact that they were getting
more water down their driveway and)they would like relief.
Mr. Bob Clausen indicated that his driveway had been cracked
and he would like, if possible, some remedy so that it would
be properly fixed.
To my knowledge that' s what transpired on that date. No
decisions as to what should or should not be done have been
made. This is the Board's decision.
Perhaps we should have a meeting of all the parties involved
and a resolution to every one of these problems could possibly
be accomplished with the help of the Town Board.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
Mr. Lapar previously had advised the Board that the work done
on Wappinger Storm Sewer Project Contract #8 was completed and
recommended final payment be approved.
MR. JENSEN moved that the final payment be made to Dave Alexander
Inc. for Wappinger Storm Sewer Project Contract #7 subject to
the contractor submitting the TV repair bill of Bruce Frazier
to his Insurance Company.
Seconded by Mr. Johnson
Roll Call Vote: 4 Ayes Mr. Clausen --Nay
Memos were received from Mr. Diehl and Mr. Horton regarding
the use of Dumpsters for a Town cleanup day. Mr. Diehl reported
to Mr.. Horton that Dumpsters were available from Dutchess Sanita-
tion - 34 yd. capacity, $70.00 each. Mr. Horton in turn informed
the Town Board that heestimated a cost figure of approximately
$10,000 for the Town to conduct a fall_cleanup by using dump-
sters. Mr. Diehl mentioned that he had contacted a Mr. Jackson
in Stanfordville who conducts a car crushing business, and they
will get together with Mr. Horton this week to see if something
can be worked out for a pickup of "hard" trash.
William Horton, Highway Superintendent, having recommended
several revisions to the Highway Specifications, referred them
to the Town Board for their consideration.
353
MR. CLAUSEN moved to accept the recommendation of the Highway
Superintendent and adopt the following revisions to the Town
of Wappinger Highway Specifications and incorporate them in
the Street Specifications in toto.
Seconded by Mr. Johnson. Motion Unanimously Carried
REVISIONS TO HIGHWAY SPECIFICATIONS ADOPTED 10/12/76
Page 2 - Security - changes as follows:
1. Performance Bond/Or Security
Prior to the issuance of any building permit, the Developer
shall deposit with the Town Clerk a Performance Bond of ac-
ceptable surety in sufficient amount to complete all required
improvements or shall deposit with the Chief Fiscal Officer of
the Town, Cash or Certified Check drawn upon a National or State
Bank, payable at sight to the Town Board guaranteeing:
(continue with (A) of that section ) .
2. Maintenance Security - changes as follows:
Change .heading to"Highway Construction Guarantee" and incorporate
the following:
Prior to the issuance of any building permit, the Developer shall
post with the Town Clerk of the Town of Wappinger, a bond equal
to 20% of the Performance Bond guaranteeing the standard of
construction set by these specificstions, normal wear and tear
excepted for a period of one (1) year after the date of final
acceptance by the Town. This shall be interpreted to mean that
the Developer, at his own expense, repair and make good any
defects or damage which may develop during this guarantee period
as a result of faulty construction by the Developer within the
right-of-way or as a result of other construction by the Developer
off the right-of-way. The guarantee responsibilities of the
Town and the Developer during the guarantee period are specified
under page 18 of these specifications.
3. Security Amounts - changes as follows:
The amount of the Performance Bond shall be based upon actual
cost figures in effect at the time of the posting of the Bond
with the Town Clerk. The dollar amount must be approved by
the Engineer to the Town and the Superintendent of Highways
prior to the posting of the Bond.
Page 3 - Delete "Table of Rates for Computing Total Amount of
Security".
Retain that portion entitled "Insurance"
Page 7 - under "Inlet Basins, Curb Inlets, Frames & Grates"
last line to read "Superintendent of Highways at any
time prior to paving".
Page 11 -delete Item 4 and change Item 5 to Item 4.
Page 13- under "Driveway Entrances" - change last paragraph
of this section to read:
"All driveways with a grade of 3% or greater will be paved
J
54
with blacktop as required by the Town Superintendent of
Highways. (Note: the grade can be either a plus or minus
grade)."
Page 14 - Delete paragraph 3 and insert the following:
"All subdivision easements and right-of-ways must be certified
and monumented prior to the posting of a bond by the Developer
and issuance of any building permit.
"In addition, certified "As-Builts", showing all structures
located in town easements and right-of-ways must be accepted
by the Town prior to bonding".
Page 17 - under Item 2 - change to read:
"After final acceptance by the Town and prior to the expiration
of the one-year guarantee period:"
also (same item) delete the words "maintenance and" from that
portion reading: "This maintenance and guarantee shall include
but not be limited to, the following items:"
Page 18 - "A11 lots must have preliminary plot plans furnished
to the Building Inspector, indicating house location, septic
system or sewer connection, well location or curb cock,
driveway location, contours and drainage flow pattern. Plat
plans must be approved by the Engineer to the Town and the
Superintendent of Highways before approval of the Building
Inspector is given".
paragraph 5 to read:
"Before a C.O. is issued, a final Certified Plot Plan must
be furnished to the Building Inspector for his review, together
with the Engineer to -the Town and the Superintendent of Highways.
The Certified Plot Plan must include the stamp and signature of
a Licensed Professional Engineer or Land Surveyor".
Figure 4 - Change the wearing surface in all street categories
to 2" Top.
Figure 9 - Add "White letters on green background".
Add "Posts to be 21" diameter extra strong aluminum
or heavy gauge channel".
It was the recommendation of the Supervisor that the Building
Inspecto.r,, Planning Board and Zoning Administrator be so
notified of the changes.
The following letter was received:
September 14, 1976
Town Board Members
Mrs. Snowden, Town Clerk
Re: Enclosure from Dutchess County Dept. of Personnel
Gentlemen and Mrs. Snowden;
Received confirmation of eligible list for Zoning Administrator
3 5 5
in the Town of Wappinger. Two (2) people qualify for this
position. In conferring with Mr. Frank Venezia today, he
informs me an appointment is mandated in thirty days or top
rating Mrs. Anderson receives permanent Civil Service appoint-
ment.
Number "2" on the list is Mrs. Betty -Ann Russ, Ketchamtown Road.
This appointment would create in her present position, and her
husband's position as a professional Surveyor with a local
professional Engineering firm, a serious conflict of interest
problems. I do not foresee a possible out to this conflict.
It would appear serious charges, damages to Mr. Russ and the
Town would be great, unless Mr. Russ has plans not to be active
in professional work in the Town of Wappinger.
In discussing this with Mrs. Russ she advises me today she did
take test to be on record for possible future employment. How -
every she is not Interested in this present employment and I
quote, "Don't waste your time, not interested".
Food for thought, will act upon at September 27th meeting.
Very truly yours,
s/ Louis D. Diehl
Mr. Diehl recapped the matter regarding the Zoning Administrators
taking of the Civil Service test with Dutchess County, he believed
the dates of the approval of the Town Board was for October 10th
according to law and if the Board did not act before Oct. 10th
Civil Service would automatically appoint her as the high mark
passing the Civil Service test for the Zoning Administrator in
the Town of Wappinger.
Mr. Clausen stated that out of courtesy or a vote of confidence,
he thought possibly she may already have been appointed by Civil
Service, however, he would like to move it.
MR. CLAUSEN moved that Sylvia Anderson be recommended for appoint-
ment as Zoning Administrator for the Town of Wappinger.
Seconded by Mr. Versace.
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Nay
Councilman Johnson Nay
Councilman Versace Aye
Supervisor Diehl Aye
Mr. Jensen, before the vote on this question of the Civil Service
356
appointment, refereed to a letter dated Oct. 4th addressed to
Mr. Diehl from Frank Venezia, Dutchess County Department of
Personnel, indicating "that the underlined parts of this law
are important because they, in effect, give permanent status to
a provisional if no action is taken on an eligible list, on
which the provisional appears, within two months". Now at the
last meeting he requested a job description of what the job
entailed, what he got was a resume of the people who took the
test, and he really would like to get a job description , that's
what he asked for and he still didn't get it. He, therefore was
not prepared to vote for whether it be Mrs. Anderson or anybody,
for this position, for these reasons he would vote no.
Mr. Diehl indicated he was well aware of Mr. Jensen's request and
Mr. Diehl;s letter to the Town Board members and to the Civil
Service Dutchess County requested such information. Mr. Jensen
restated his position but one of his hang-ups - if you will, -
other Towns in the County are starting to take exception to
some of the Civil Service rules in their areas and feel they
don't want to go along with Civil Service.
Mr.Johnson didn't recall any discussion as to which positions,
if any, we would desire to have Civil Service, so he really didn't
know how this whole subject of Civil Service position for an
appointed position be mandated on the Town or how it came about,
and didn't feel he would be prepared to vote to allow for Civil
Service unless the Board so decided to do it, and they haven't
done it. Lengthy discussion followed with Mr. Diehl, Mr. Jensen,
and Mr. Steinhaus before the vote was taken on Mr. Clausen's
motion.
On the complaints of Mr. Kelsof and Mrs. H.Y. Huang, Mr. Lapar
had forwarded copies of Mr. Lombari's reports regarding them, and
further enlarged on the subject, by commenting that he and Mr.
Horton .didn't feel the Town should do anything on Mr. Kelsof's
since installation of the Ardmore Hills water lines would pass
/7
L
this location, and the driveway again would be torn up, and there
is no immediate serious problem.
MR. DIEHL said he would move that, on the recommendation of Mr.
Horton, the reason to hold up is because of the expected instal-
lation of the Ardmore water lines and on hopeful completion of
them this year, that the contractor would then be correcting the
driveway problem of Mr. Kelsof and that Mr. Kelsof be so nofified.
Mr. Versace questioned, in relation to the Ardmore Hill project,
whether or not all the blacktopping costs were in the contract.
He reflected that this cost had been removed from the other
contracts and funds transferred to Highway, at considerable
savings to the districts, and maybe in this case the blacktopping
again could be transferred to the Highway which would lessen the
burden of the bond issue to theArdmore District residents.
Mr. Lapar reported on Mrs. Huang's complaint by advising the
Board that he and Mr. Horton had gone out there today and deter-
mined it was not the Highway's problem, and he will direct Mr.
Lombardi to fix it.
A report was received from Mr. Lapar concerning the Central
Wappinger Water - Hilltop System -Well Development.
MR. JENSEN moved the report be tabled again for further discus-
sion because they have no alternate yet.
Seconded by Mr. Johnson
Motion Unanimously Carried
The following report was received:
September 14, 1976
Town Board
Town of Wappinger, Mill Street
Wappingers Falls, N.Y.
Dear Board Members:
The Contractor for the Wappinger Sewer Improvement #1, Contract
#3, K&A; Excavating Contractors, Inc., has been repeatedly asked
to reestablish a culvert that ran under the driveway of the
Herczeg property on Kent Road, along with a few other minor items.
55
As of this date they have not done so. We, therefore, recommend
that the Town do the job and back charge the Contractor's retain-
age.
Their excessive tardiness is inexcusable and we see no other
action that can be taken.
Thank you.
Very truly yours
s/Rudolph E. Lapar, P.E.
Mr. Lapar suggested this be thrown in together with the Poland
situation.
MR. VERSACE moved that Rudolph Lapar be authorized to take care
of the correction of the culvert and that the moniew be taken
from whatever necessary funds of K&A Excavating Contractors
Contract #3, Wappinger Sewer Improvement #1.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Mr. Diehl commented on a letter from Bob Cacchio from Camo
regarding two curb valves, and again the question of who is
going to give direction.
MR. JENSEN moved that Camo Pollution Control Inc. be authorized
to have these two curb valves at 85 Edgehill Drive and 15 Apple-
sauce Lane repaired, as has been done in the past.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Mr..: Versace commented on a memo received from Mr. Ryan concerning
the Public Works Employment Act 1976, asking Mr. Rappleyea to
research whether the Town would be eligible for construction
grants for a new Town Hall. He feels the Town should take advan-
tage of this act if it was eligible.
Mr. Diehl commented on a letter from Camo Pollution Control Inc.,
on air in Orchard Homes water lines, that this problem exists,
and perhaps Mr. Lapar should study it further. Mr. Lapar
06-
6,
06,
responded that he was still investigating the cause of this,
and will continue the investigation.
Mr. Diehl stated that the next item, that the Board hasn't acted
on, was the tank at Oakwood Knolls, upon which much discussion
had been held both with Hall & Co. and the Engineer. The cost
of repair, estimated by Hall & Co. to repair the crack in the
tank, was. approximately $3,500 (with a guarantee that the tank
would be secured and in good condition).
Mr. Clausen recommended that a Change Order be forwarded to
the Town Board upon which they could act.
MR. JENSEN moved that a Special Meeting be scheduled for Friday,
6ctober 15, 1976, at 6:30 P.M. for the purpose of considering
action on a Change Order for the repair of the tank by Hall &
Co., the contractor for the Oakwood Knolls project.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Mr. Versace asked if Mr. Rappleyea would research the Sunshine
Law and report back to the Board the basics of it, as it concerns
them.
Mr. Clausen asked Mr. Rappleyea to contact Mrs. Anderson to
ascertain what progress is being made with the Shapiro problem
at the Salvage Yard.
Mr. Jensen made the observation that there had been a Public
Notice in the newspaper on a bankruptcy notice on the MTS Corp.
Maloney Road. It would appear this related to the property on
Maloney Road which the Zoning Administrator had sought bids for
the demolition and cleaning up of. To the best of his memory,
a referee had been appointed for the sale of said properties,
and thus be requested Mr. Rappleyea to review the legal notice
to see what bearing the Town has, being in the process, possibly
560
very shortly, of spending quite a few thousand dollars to clean
up that mess there, and we want to be sure we can put a lien
against the property.
Mr:: Jensen also commented on a structure being erected just
South of Pier 9 Restaurant. He called both the Zoning Admin-
istrator and the Building Inspector to get back with him as
soon as possible to find out what is happening there. He asked
The Town Clerk to send a letter to Mrs. Anderson and Mr. Hermans
for a written report, to see what action, if any, has been taken
on this structure and is it a permissable structure. Mr. Diehl
added that he had spoken to Mr. Hermans this AM asking if a
Building Permit had been issued for this building, and Mr.
Hermans had answered No, upon which Mr. Diehl had suggested he
go down and post a Stop Order, then query the attorney what the
next step should be. He concurred with Mr. Jensen's request.
Since there was nothing further to come before the Board,
Supervisor Diehl entertained a motion for adjournment.
MR. CLAUSEN moved the meeting be adjourned, seconded by Mr.
Versace and unanimously carried.
The meeting adjouradd at 10:02 P.M.
Reg. 10/12/76
aUlaaLoAA
Elaine H. Snowden
Town Clerk
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