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1998-05-11 RGMCONSTANCE 0. SMITH SUPERVISOR TELEPHONE: (914) 297.2744 FAX: (914) 297-4558 May 6, 1998 TOWN OF WAPPINGER SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590.0324 MEMO TO: Town Board Attorney to Town Engineer to 'Down Media FROM: Constance O. Smith RE: WORKSHOP AGENDA MONDAY, MAY 11, 1998 7:30 PM 7:30PM City of Poughkeepsie Water --Mike Murphy City Administrator Combined Wappinger Water --- Paggi 3/17/98 & 4/27/98 Wappinger Park---Paggi 4/27/98 8:OOPM Alpine Commons—Ed Kellogg 4/22/98 8:30PM DeLuccia/Humeston Rezone 8:40PM Neave—downstream drainage 4/21/98 8:45PM Castlepoi.nt landfill Closure—Paggi 4/16/98 DEC 5/1/98 9:00PM Authorize Annual Water Statement—CAMO 3/19/98 Flushing Water Hydrants—CAMO 4/30/98 9:10PM DC121—repairs 4/28/98 9:15PM Authorize Animal Control Officer attend Delhi 4/27/98 9:20PM Chelsea Yacht; Club Recreation agreement COS:dly . NO OTHER BUSINESS SHALL COME BEFORE THE BOARD. 051198.WS The Workshop Meeting of the Town of Wappinger was held on May 11, 1998 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the meeting at 7:35 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent At this time 7:35 p.m., COUNCILMAN PAOLONI moved to go into Executive Session to discussion negotiation with the city of Poughkeepsie for water. Seconded by Mr. Ruggiero Motion Unanimously Carried The meeting reconvened at 8:30 p.m. with all board members present. COUNCILMAN PAOLONI moved to authorize the Attorney to the Town Al Roberts, and Engineer to the Town Jay Paggi, to meet with the City of Poughkeepsie Manager to discuss the feasibility of securing water for the Town of Wappinger. Seconded by Mr. Valdati Motion Unanimously Carried Ed Kellogg to discuss the rezoning application for 18 acres along Old Hopewell Road. He gave a short presentation on the proposed site to be part of Alpine Commons. He went over the conceptual plans, and announced that he submitted a draft of a traffic report to Clark Associates, and has agreed to address everything that has been suggested in the memo. There have been three intersections that have not been studied, they will be doing counts in the next few days. When its ready, they will submit it to the county, the state, and the town. Steve Matthews, Engineer for Alpine went into more detail regarding the traffic study which covered a number of intersections along Route 9, Old Hopewell Road, and Myers Corners Road. According to the memo from Clark Associates they have asked for three other intersections to be part of the study. The Alpine study takes a very conservative look at traffic conditions in the future. SUPERVISOR SMITH advised Mr. Kellogg that the town board would have to have another night of discussion on the traffic pattern before adopting a local law for rezone. 11 051198•WS Next on the agenda is the DeLuccia/Humeston rezone. Supervisor Smith informed the board that this item must be tabled to the next meeting, because the attorney has not prepared the local law yet. Bill Neave of Neave Landscaping, to discuss downstream drainage fees. Don Close, Zoning Administrator informed the board how he arrived at the drainage fees. He figured the square footage of the roof and square footage of what can be blacktopped. It came to 15 cents a square foot. Mr. Neave is being asked to pay $5,300. COUNCILMAN RUGGIERO moved to go into Executive Session for five minutes to consult with Council on this matter. Seconded by Mr. Bettina. Motion Unanimously Carried The meeting reconvened at 9:25 p.m. with all board members present. COUNCILMAN RUGGIERO moved to waive the drainage fee at this time. Seconded by Mr. Bettina ROLL CALL VOTE Supervisor Smith Councilman Valdati Councilman Bettina Councilman Ruggiero Councilman Paoloni VOTE Aye Nay Aye Nay Nay Motion Defeated COUNCILMAN VALDATI moved to examine Town policy and if it needs to be overhauled at this time it should be done for everyone. Seconded by Mr. Bettina Roll Call Vote Supervisor Smith Councilman Valdati Councilman Bettina Councilman Ruggiero Councilman Paoloni Vote Aye Aye Aye Aye Aye Motion Unanimously Carried June Visconti was recognized by the board, and asked why Mr. Neave feels he should have the fee waived. Did he do something extra? Mr. Neave explained he is being made to go to considerable expense by the Engineer, the Town, Attorney to the Town, his lawyer, his engineer, surveyors, easement from neighbor next door, two detention ponds, to collect his money. On top of all this the town is requesting he pay an additional $5,300. If that is the case, then waive the detention ponds, and let him run two pipes from his property down under the pipe which runs under Airport Drive and W Fill W, 051198.WS downstream. Jay Paggi, Engineer to the Town explained that Mr. Neave's Engineer proposed two ponds, because the property drains two ways. Next is the Landfill closure state assistance application resolution. Mr. Paggi went on to explain that his correspondence of April 16, 1998, details some additional areas of waste that was found on site, and the correspondence handed out today further explains it. Supervisor Smith informed the board that we applied for State assistance and were supposed to receive 50%. We were notified Friday that we will receive $275K. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: Resolution Authorizing the submission of an application for State Assistance for landfill closure pursuant to Title 5 Article 54 and Title 4 of Article 56 of the New York State Environmental Conservation Law. WHEREAS, the Town of Wappinger herein called the "Municipality: has hereby determined that certain work, as described in the State Assistance application and any amendments thereof, herein called the "Project," is desirable and in the public interest; and WHEREAS, Title 5 of Article 54 and Title 4 of Article 56 of the Environmental Conservation Law authorized State assistance payments to municipalities for closure of municipal landfills by means of a written agreement and the Municipality deems it to be in the public interest and benefit under this law to apply therewith; NOW, THEREFOR, BE IT RESOLVED by the Town of Wappinger that Constance O. Smith is directed and authorized as the official representative to act in connection with any application between the Municipality and the State, and to provide such additional information as may be required; And that one certified copy of this Resolution be prepared and sent to the Director, Division of Solid & Hazardous Materials, New York State Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-7250, together with the application.; and that this resolution take effect immediately. Seconded by Mr. Bettina Motion Unanimously Carried Next are the bids for the Fleetwood Water District/Village of Fishkill water System Interconnection. The bids were received and opened for the above project on May 8th, 1998 at 11:00 a.m. Twelve (12) Bids were received and reviewed. Eastern Excavating, Inc: $257,135.00 Nenni Construction Corp: 258,875.00 Construction Fabrication & Installation 263,900.00 3 051198.WS Sun Up Enterprises $277,600.00 Yonkers Excavating 316,617.30 ** Cal Mart Enterprises: 333,333.00 Grant Street Construction 338,800.00 Metzger Construction 354,534.00 *** Schipp Construction 370,450.00 C.M. Mechanical 376,967.00 Globe Construction 402,785.00 Thomas Gleason, Inc. 417,700.00 As you can see, Nenni Equipment Corp. is marked with an asterisk. Their bid was summed by them in the original submission as $258,875.00. A check of their addition indicates that their total bid was added incorrectly and should have been $256,875.00. In review of Yonkers Excavating bid we found a $3,000 addition error and their bid should actually be $319,353.88. In review of Metzger Construction's bid, we find their bid to be $355,269.00. A further review indicates that if the Board is going to consider Nenni Equipment Corp.'s bid as mathematically correct, it would be lower than the apparent low bidder which is Eastern Excavation, Inc. With that in mind, we turned the information over to Al Roberts, Attorney to the Town. Mr. Roberts researched the item and requested that we contact Nenni Equipment and advise him that his bid is not mathematically correct and ask him to reconsider his submittal. We did that on Monday, May 11th, 1998 and Nenni Equipment faxed us back his bid, which we check today, and find that it is now mathematically correct. The sum submitted in today's bid was $256,875.00. We have checked all other facets of the first two bidders, and find them to be accurate and complete. We therefore, recommend that this information be turned over to the Attorney to the Town and have the attorney advise as to who the low bidder is; and the bid be awarded to the low bidder only upon successful execution of the easement agreement between the Town of Wappinger and James & Sheila Marino. Attorney to the Town Al Roberts, upon researching cases, stated he came across one case in which there was a pure mathematical error, and the error was against the contractor and in favor of the community and that's the case that he has attached to his decision, and the court required the contractor to comply with correct mathematical tabulation. COUNCILMAN BETTINA moved to award the bid for the Fleetwood Water District/Village of Fishkill Water System Interconnection, to Nenni Equipment Corporation, the apparent low bidder at $256,875.00, upon successful execution of the easement agreement between the Town of 0 051198.WS Wappinger and James & Sheila Marion as recommended by Jay Paggi, Engineer to the Town. Seconded by Mr. Valdati Motion Unanimously Carried Next is to authorize Mike Tremper, of CAMO Pollution Control, to send the annual water statements to residents of the Central Wappinger Water District. COUNCILMAN RUGGIERO moved to authorize Mike Tremper, of CAMO Pollution Control, to send the annual water statements to residents of the Central Wappinger Water District. Seconded by Mr. Paoloni Motion Unanimously Carried Ann Marie Buck, Animal Control Officer has requested permission from the Board to attend Delhi University from 5/26/98 to 5/29/98 for the yearly Animal Control Schooling. SUPERVISOR SMITH moved to authorize Ann Marie Buck, the Animal Control Officer to attend Delhi on 5/26/98 to 5/29/98, and her legitimate expenses to be a town charge. Seconded by Mr. Bettina Motion Unanimously Carried The last item for the Boards consideration is to approve the License Agreement between Chelsea Yacht Club and the Town of Wappinger. COUNCILMAN BETTINA moved to approve the Agreement between the Chelsea Yacht Club and the Town of Wappinger, and authorize the Supervisor to sign. There was no other business to come before the Board. COUNCILMAN BETTINA moved to close the meeting, seconded by Mr. Valdati, and unanimously carried. The meeting closed at 10:05 p.m. ,aakk �A St,-tvjC',- Elaine H. Snowden Town Clerk 5