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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 i•-- 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 1' i; 1: 11 11 \. 11 11, .01 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 1,• 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. 3 43 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 1