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1986-02-03 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING FEBRUARY 3, 1986 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTEST 4. REPORTS OF OFFICERS: dg,,_.Insp. Annual Report 5. PETITIONS & COMMUNICATIONS a. Richard H. Rose requests discussion re: operation & service of the Atlas Water Co. b. Douglas C. Schner, Pizzagalli Dev. Co,, request Town accept Water Booster Station & 8" Water Main. c. Clinten Lucas re: returning pond back to original stream on his Myers Corners Rd. property. d. Edward Lawrence re: Petitions (1) Reduced Speed limit for Stonykil Rd. &(2) receiving Cablevision along Stonykill Rd. e. John Fusaro re: Petition for alleviating traffic problems on Losee Rd. f. Corr. from Election Commissioners re: alteration of Election Dist. Boundaries to conform w/Law for visable boundary lines. g. Ray Norcross re: Hazardous conditions created by excess dirt track on River Rd. North by various construction crews. h. Village of W.F., ZBA Notice of Public Hearing for parking varianc - in connection w/ reconstruction of present Town Hall,Bldg. i. Informative Memo from Rec. Comm concerning approach by Developer them with proposition to create Lake in Robinson Lane area j. Memo from Planning Bd. re: appointment of Wm. Parsons as Vice Ch. k. Thank -you from Pop Warner participants for financial support for their trips to Connecticut and Alabama 1. Jas. H. Grey, Highway Reimbursement Coord. response to complaint of road conditions - PASNY project. m. 2 Memos from M.A. Albonesi, CD Adm. D.CO.Dept. Ping. re: Urban County consortium program expenditures & signature cards 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Highway Bids b. Approve Little League Contract & Authorize Sup. to sign c. Authorize Counsel (B.Kessler) to continue litigation (Brack Const. Tax review) d. Ben Ciccone request for release of retainage - Phase V drainage project - with recommendation from Engineers to Town e. Rezoning request from John Montfort/Bruce Nestler (Portion of 2 lots in Subdivision off Smithtown Rd. f. Change date of February 17th Reg. Town Boa�d Meeting g. Recreation Comm. request permission to bidt'rldg.for Quiet Acres h. Introduce Local Law Town Clerk Salary incAase 8. UNFINISHED BUSINESS Removal of Trees at New Town Hall Site - and payment ' 9. NEW BUSINESS 10. ADJOURNMENT The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on February 3, 1986 at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Paino opened the Meeting at 7:32 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman Gerard McCluskey, Councilman David Reis, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Joseph E. Paggi, Jr., Engineer Kenneth Croshier, Highway Superintendent The Meeting started with the Pledge of Allegiance to the Flag. The Supervisor asked that the public remain standing and offer a moment of silent prayer in tribute to the Astronauts who perished in the Space Shuttle Challenger. The Minutes of the Regular Bimonthly Meeting of January 21st, 1986, having previously been forwarded to all Board Members, were now placed before them for their consideration. Mr. Farina had one minor correction on Page 12 ---he was listed as Co -Chairman to the Ordinance Committee and noted that he was Chairman, there are no Co -Chairman. MR. MCCLUSKEY moved that the Minutes of January 21st, 1986, be and they are hereby approved, with the correction noted by Mr. Farina, as submitted by the Town Clerk. Seconded by Mr. Farina Motion Unanimously Carried Reports received included the Building Inspector's Annual Report and Town Justices for the month of January. MR. MCCLUSKEY moved to accept the above stated Reports and place them on file. Seconded by Mr. Reis Motion Unanimously Carried Petitions & Communications --- Richard Rose wrote to the Town Clerk requesting the opportunity to discuss the operation and service of the Atlas Water Company with the Town Board. Mr. Rose was present and complained about the water service he has received over the last eighteen years from Atlas Water Company. He started off by asking the Town Board if they intended doing anything about the operation of that company. Mrs. Paino replied that she had indicated to him during a previous phone conversation when he requested to be on the agenda, that Atlas is a private water company and the Town has no jurisdiction over its operation. Mr. Rose distributed a package of correspondence to the Town Board from various county and state agencies over a period of several years. Some of his complaints included lack of pressure, due to the fact, he felt, that he was the last subscriber to the Company and his home was on a hill; terrible noise when water service is halted, sucks water out of the furnace; cold water pipe from the house remains hot and has damaged water softener four times; terrible taste to the water when it comes back on. He kept track one year and lost water service 29 times during 1973. He has been in constant communication with the owner and operator of the Company, Ron Lafko, who is aware of some of the problems. Mr. Rose also noted that there was no security at the pumping station and both he and Mr. Versace, former Supervisor, visited the site and witnessed many violations; it was his understanding that Mr. Versace wrote the D.E.C. informing them of these facts, but received no response. It was his opinion that there was not proper maintenance of the pumping station which was part of the cause of the blowout. He requested that the following letter be read into the Minutes from Atlas Water Company: October 14, 1977 Dear Customer, The Atlas Water System which furnishes water to you, has for the months of July and August, 1977, failed to perform the monitoring requirements. The reason for failing to perform the monitoring requirements of a constituent bacteria is oversight and faulty communication. At this time the Atlas Water Company, pursuant to bacteria - sampling of September 21, 1977, and all samples performed monthly from the year 1960 has successfully supplied a safe and palatable drinking water according to public health standards. We would like to reiterate that we corrected this oversight and assure you that we do provide you with an adequate supply of safe drinking water. Very truly yours, s/ Ronald Lafko Superintendent Ron Lafko, operator and part owner of the Atlas Water Company, was present and the Supervisor requested that he add his comments to the matter placed before the Board by Mr. Rose. Each and every allegation mentioned by Mr. Rose was answered by Mr. Lafko and he constantly referred to the record of the operation of the company. He felt no animosity towards Mr. Rose and there were good relations between them ---in fact he uses his monitoring ability as a key margin relating to the operation of the system, however, he was frustrated over some of the comments made since there has been a distinct lack of contact from Mr. Rose to the Atlas Water Company regarding these complaints, with the exception of the pressure problem. Although he did not put the fact in writing, he did inform Mrs. Rose that the pressure problem was due to the plumbing in the house. He discussed the incident of the blowout of the pumping station two weeks ago and his immediate response and efforts to restore the water service to his customers. An inspection was made by the Dutchess County Department of Health two days before Christmas and the water was found to be satisfactory. He will continue, with the help of the neighbors to improve the security at that location. The letter written into the minutes was a mandatory requirement by the Health Department if tests are not conducted at designated times. In this instance he admitted the oversight and the test was conducted shortly after it was required to be done and the water was found to be satisfactory, as always, past and present. Mr. Lafko was provided with a copy of the correspondence package which had been presented to the Town Board previously and Mrs. Paino requested Mr. Rose to outline his water service situation as it exists after the incident on January 20, 1986 and forward it to Mr. Lafko. She felt that with the proper communication between them, they could work out these problems. Mr. McCluskey concurred with this action and added that if there were misunderstandings between them, the matter should come back to the Town Board and perhaps they could help to iron them out. A brief discussion ensued between the Supervisor and Mr. Lafko regarding the additional security he has provided to protect the propane tank at the site of the pumping station. Mr. Lafko explained the situation and noted that he would make every effort to assure the safety of the tank and the station. The next communication was from Douglas Schner, Pizzagalli Development Company requesting that the Town accept a water booster station and eight inch water main interconnection between the Atlas Water System and CWWIA. MR. FARINA moved to table action on this matter until it is discussed at the Town Board work shop session on February 13, 1986 with Mr. Schner. Seconded by Mrs. Visconti Motion Unanimously Carried A request was received from Clinten Lucas for a reevaluation of a building permit for property located at 281 Myers Corners Road. There was a question previously on this permit due to the existence of a pond on the property. In his letter, Mr. Lucas asked the Town to specifically pay note to the possible rerouting of the pond back to its original state of a stream. He had contacted Mr. Martin, one of the Engineers to the Town, who indicated that there would be no problem with this request, and recommended that Mr. Lucas put his request in the form of a letter to the Town Board so that the Town could officially approve the change. MR. MCCLUSKEY moved to refer this matter to the Engineer for his inspection and report to the Board. Seconded by Mr. Farina Motion Unanimously Carried Mr. McCluskey added his comment that it should be referred to the Conservation Advisory Council, however, Mrs. Paino suggested that they wait for the Engineer's report. Mr. Edward Lawrence, 113 Stoneykill Road, Town of Wappinger, wrote to the Board enclosing two petitions signed by the area residents ---one for a lower speed limit on Stoneykill Road, the second for cablevision service on their road. MR. REIS moved to request the Dutchess County Department of Public Works and the New York State Department of Transportation to lower the speed limit on Stoneykill Road to 35 MPH. Seconded by Mr. McCluskey Motion Unanimously Carried On the second request, Mr. Lawrence had discussed with Mr. Reis and felt the Town Board could request the cable company to provide 116. service to the residents on that road. MRS. PAINO moved to send a letter to Howard Erichsen, Manager of U. S. Cablevision regarding this request and forward a copy of the petition signed by the area residents. Seconded by Mr. Farina Motion Unanimously Carried Mr. John Fusaro wrote to the Board, on behalf of the owners of homes on Losee Road, who also signed the letter, complaining about the increased traffic problems on both Losee Road and Sucich Place. Mr. Fusaro was present and elaborated on these problems which have been getting progressively worse during the six years he has lived there. It is used as a cutoff road from the Town of Fishkill traffic, Old Hopewell Road, plus a proposed new development on All Angels Hill Road and in its present state, the road is not condusive to heavy traffic. He requested that the Town Board work with them on their suggestions to alleviate the problems. Mr. Farina asked that the Highway Superintendent and the Engineer to the Town investigate the existing problems and report back to the Board with any recommendations they feel would help. Correspondence was received from the Dutchess County Commissioners of Election regarding requirements mandated by the State that all election district lines have visable boundary lines. The Census Bureau requires that the boundaries be clearly defined and changes made by March 15, 1986. As Chairman of the Election Committee, David Reis reported that he had contacted the Commissioners on these changes who requested that a meeting be held within the next ten days to discuss the matter. Mr. McCluskey was of the opinion that the usual procedure was for the local Republicans and Democrats to both submit a plan for the changes and meet to discuss the most feasible one; it is then presented to the Town Board for their approval. In the event they do not come up with an acceptable plan, the County will make the required changes. Mr. Reis noted that the Commissioners indicated that the districts themselves would not change -- the intent was to remove some of the lines from the middle of nowhere, for instance, out in a field, or in someone's back yard, and clearly define them on a road. �q Mrs. Bernice Mills, was recognized by the Chair and stated that she was in contact with the Democratic Commissioner, Walter Jablonski, today, who indicated that the Town of Wappinger has a lot of problems with some of the districts. She agreed that they had to be changed without altering the Wards or Districts and she would like to be present at a meeting for this discussion when the date was determined. MR. MCCLUSKEY moved to accept the letter from the Commissioners of the Board of Election and place it on file. Seconded by Mr. Reis Motion Unanimously Carried A letter of complaint was received from Ray Norcross regarding the condition of River Road North which has been left strewed with dirt and mud as a result of the PASNY construction. Mrs. Paino noted that she had visited that area with the Engineer after receiving the complaint and found that it had been cleared off, however, she did request that the Highway Superintendent check it periodically to make sure it stays that way. Michael Hirkala, was recognized by the Chair, and noted that the area of Route 9D and Old State Road was still covered with mud and dangerous to ride when wet; he had mentioned this fact to the Highway Superintendent when he met him. MRS. PAINO moved to send a letter to PASNY indicating that there is a problem on the roads where they are doing their construction and request that they please leave the roads in a clean condition for the safety of the motorists. Seconded by Mr. McCluskey Motion Unanimously Carried A notice was received from the Village Zoning Board of Appeals indicating that a Public Hearing would be held in the Mesier Homestead on February 4, 1986 relating to a request from Wappingers Youth Outreach, DBA Community Services Program who were seeking a variance to convert the premises of the present Town Hall into commercial offices and dwelling units, due to the shortage of square feet and parking requirements. MR. MCCLUSKEY moved to receive the Notice of Public Hearing from the Village of Wappingers Falls and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried A Memo was received from Hugh J. Maurer, Chairman of the Recreation Commission informing the Board that Mr. Ed Shelley owner of about 52 acres on Robinson Lane, approached the Commission Members at their January 16th, 1986 meeting and proposed a project to mine his property, for a period of five to ten years, to create a lake of approximately 31 acres. When this project reached its completion he would turn it over to the Town for recreational purposes. The Commission Members, Mr. Maurer noted, agreed with the concept of the plan. Mr. McCluskey was familiar with the proposal since, he thought it came before the Board previously. It sounded good to him, however, his concern was that it would be done in a strict time frame plus strict supervision by the Engineer to the Town. He suggested that the Board meet with Mr. Shelley to discuss the proposition further. He also noted that a similar project was conducted in Fishkill on the Red Wing property successfully, but there were many questions to be answered. Mrs. Paino added her concern of the effect on the Sprout Creek aquifer which abuts Mr. Shelley's property. She was receptive to addressing the proposal further and requested Mr. Shelley to contact her office for a definite work shop date for discussion with the Town Board. A Memo was received from the Planning Board informing this Board that they had appointed Mr. Parsons as their Vice -Chairman. MRS. PAINO moved to receive this correspondence and place it on file. Seconded by Mr. Farina Motion Unanimously Carried A thank you letter was received from Pop Warner Football partici- pants for financial support from the Town for their transportation expenses to the two bowl games they were involved in which were Stanford, Connecticut and Alexander City, Alabama. MR. FARINA moved to receive this letter and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried A response was received from Mr. James Gray, Highway Reimbursement Coordinator with Chas. T. Main of New York, regarding our letter of complaint regarding the condition of Pine Ridge Drive as a A result of the PASNY construction. At the time he inspected the roads on January 13, 1986, he found neither damage to the roads nor debris on them, and assured the Town they would attempt to keep the roads safe and in good shape during the construction. MRS. PAINO moved to receive this letter and place it on file. Seconded by Mr. Reis Motion Unanimously Carried Two letters were received from Mary Ann Albonesi, Community Development Administrator of the Community Development Program (Consortium Funds); the first related to the close out of the old programs, specifically 1983 and 1984. Mrs. Paino noted that the Comptroller and his Assistant is reviewing the status of monies left over from these years with Ms. Albonesi. The second letter referenced signature cards from authorized officials for the 1986 program. One individual from each municipality must be designated to oversee the financial transactions related to the CD Program, to approve all purchase documents vouchers, invoices, etc.; a second person must be designated to perform the bookkeeping function, and a third person to certify completion of the work. MR. FARINA moved to authorize the Supervisor to approve all purchase documents, vouchers, invoices, etc. that effect CD funds. Seconded by Mr. Reis Motion Unanimously Carried MR. FARINA moved to authorize the Comptroller to perform the actual bookkeeping function. Seconded by Mr. Reis Motion Unanimously Carried MRS. PAINO moved to authorize the Engineer to the Town to make sure the work is done properly and certify the completion of the work. Seconded by Mr. Reis Motion Unanimously Carried Finally, they required an update on the name of an individual who has responsibility for the Community Development Program in this Town. MRS. PAINO moved to forward a letter to Ms. Albonesi stating that the entire Town Board of the Town of Wappinger will have that responsibility. Seconded by Mr. Reis Motion Unanimously Carried MRS. PAINO moved to receive this correspondence and place it on file. Seconded by Mr. Reis Motion Unanimously Carried Committee Reports --- Mr. McCluskey did not have a report for this meeting, but wished to express concern on another matter relating to the poor operation of the Regional Section Center Postoffice in the Imperial Plaza. Some of the problems include ---poorly lit area where people drop mail and buy stamps causing concern to women patrons who feel it is not a safe area; vending machines constantly out of order. When he complained about the machines, the response he received was that they are checked weekly, sometimes biweekly, however, money is being deposited and no merchandise is received. He has had requests from some residents for a curb side mail drop which would allow mail to be deposited without the necessity of the driver leaving the car. This, he feels, would relieve traffic congestion at that location. Another point he brought up was that since there are personnel on duty 24 hours a day, mail should be picked up closer to midnight, presently the last pickup is approximately 6:30 P.M. and after that time the mail deposited is not postmarked for that date. Before the Postoffice was located in that area a window was always open at the main postoffice in Poughkeepsie. We are receiving poor service from the local post - office and he would like them to be aware of this fact. MR. MCCLUSKEY moved to direct a letter to the Regional Section Center Postoffice in Poughkeepsie alerting them of these facts and request that they provide better service to the residents in this area. Seconded by Mrs. Visconti Motion Unanimously Carried. David Reis, Recreation, noted that the job description, length of time and Salary submitted by the Recreation Commission for 51 the position of maintenance director differed from the original amount placed in the budget. The numbers submitted by the Commission were $11.00 per hour for eight months, which repre- sented a yearly salary of between $16,000 to $17,000, the numbers in the budget were $7.00 per hour for nine months, yearly salary of $10,000; he noted that he would get back with the Commission and have them change the figures. The Recreation Commission had a meeting with a representative of the school district regarding a study for a swimming pool and a report will be forthcoming within the next two weeks. David Reis, Building and Housing re Town Hall. He has been visiting the site daily and each time finds some new minor problems. Attempts have been made by the contractor to rectify the floor problems, but there are still high spots which have to be corrected. The spackling on the walls are not satisfactory and require further work. Further discussion will be held with the architect regarding correction of these problems. At this point he could give no date for moving. Vincent Farina, Ordinance Committee, reported that the Citizens Zoning Advisory Committee will meet on Tuesday, February 3, 1986 at 7:30 P.M. Vincent Farina, Landfill Committee, reported that correspondence was received from Camo Pollution Control regarding a monthly increase in the maintenance charge for the landfill from $245.00 per month to $524 a month due to inflation and increased fees. The original contract was negotiated in 1978 and it is their belief that this is comparable 1986 dollars. A meeting will be held regarding this increase. Vincent Farina, Water and Sewer, reported that correspondence has been received from the Supervisor of Fishkill indicating that there will be no change in the benefit assessment for the Watch Hill Water District. A Public Hearing was held last Monday regarding Town of Fishkill taking over the Brinckerhoff Water Company, which is the Watch HIll Water District and he will discuss the matter further with Councilman Roubaud from Fishkill. He has also contacted Camo Pollution Control re the purchase for their recommendations. 91 Bernice Mills was recognized by the Chair and questioned if each municipality was assessed the same charge for the landfill. Mrs. Paino assumed they were since the letter was addressed to the Board of Directors and she would receive more information when she attended their meeting next week. Mrs. Mills then asked the Town Board what they were doing about the fact that the Airport Balefill has been cited as a hazardous site; she was concerned over this fact and felt the Town Board should push on it at the county level. Wappinger County Legislator, Sandra Goldberg, was recognized by the Chair and explained the procedure in designating the balefill as a potential hazardous site; she had not checked the status recently but it has gone to Phase I testing to determine if there is a potential hazard to the area and they will then go to Phase II testing to determine what the hazard is and how it can be cleaned up. She will update the information on this matter. June Visconti, Dial -A -Ride Liaison Member of Town Board, attended the January Meeting regarding concern of senior citizens; they are trying to increase number of seniors utilizing the service. They are implementing a pilot program in Wappinger and will monitor number of passengers; if it appears successful, they will continue in other towns. June Visconti, Airport Advisory Committee, missed the January Meeting due to no communication received since they were not knowledgable of her appointment. She then set up a meeting with Commissioner Whited who enlightened her of the situation at the airport. It is her understanding that the County Legislators will take a vote on the takeover of the airport operation by Richmor Aviation on March 10, 1986 at 4 P.M. Directing her statement to Sandra Goldberg, Mrs. Visconti noted that Mrs. Goldberg had indicated she would check on the possibility of holding a public informational meeting in the Town of Wappinger. Mrs. Goldberg concurred that there would be a public hearing at the County on March 10, 1986 at 4 P.M. and following the hearing at their regular business meeting, consideration of the contract would be on the agenda. They have arranged an informational meeting at Brendan's Restaurant at the Airport probably, sometime during the week of February 24th --nothing definite yet. In answer to Mrs. Visconti's question on the Legislator's stand on this issue, Mrs. Goldberg felt there was strong support for Richmor Aviation. There was no doubt Richmor planned to make a profit on this operation, but if they can, why can't the County, however, to do this, they would have to expend monies. There were many pros and cons to consider. Resolutions --- Bids for Highway Materials were opened on the 29th of January 1986. A Bid Report was submitted by the Highway Superintendent which is attached hereto and made part thereof of the Minutes of this Meeting. MRS. PAINO moved to award the bids for the Highway Materials, Fuel Oil and Gasoline to the companies recommended by the Highway Superintendent. Seconded by Mr. Reis Motion Unanimously Carried A Contract between the Little League Association, Inc. and the Town of Wappinger in the amount of $5,000.00 was placed before the Town Board for their consideration. COUNCILMAN REIS moved to approve the Contract and authorize the Supervisor to sign said Contract in the amount of $5,000.00 Seconded by Mr. Farina Motion Unanimously Carried The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, a tax certiorari proceeding entitled Brack Construction Corp. v. Town of Wappinger has been in litigation for many months and commenced trial today in Dutchess County Supreme Court, and WHEREAS, Bernard Kessler, Esq. prepared this case for trial and is familiar with its background; NOW, THEREFORE, BE IT RESOLVED, that pursuant to Town Law Section 20(2)(b), Bernard Kessler is authorized to continue representation of the Town of Wappinger in this matter, to be compensated on the same basis as he was previously compensated for litigation as Attorney to the Town. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays MRS. PAINO moved that the Town pay all invoices that are submitted in relation to this litigation. Seconded by Mr. Reis Motion Unanimously Carried -- 6 At the previous meeting, a request from Ben Ciccone, Inc. to release the retainage fee on Phase V Drainage Improvement Project, (Robert Lane), was referred to the Highway Superin- tendent and the Engineer for inspection and recommendation to the Town Board. A recommendation was received from the Engineers to release the retainage fee in the amount of $635.95, noting that a field inspection had been made by their office and the Highway Superintendent. MR. MCCLUSKEY moved to release the retainage fee on the Phase V Drainage Project in the amount of $635.95 to Ben Ciccone, Inc. upon the recommendation of the Engineers and the Highway Super- intendent. Seconded by Mr. Farina Motion Unanimously Carried A request for rezoning a portion of two lots in an eight lot subdivision on Smithtown Road was received from John Montfort and Bruce Nestler. The Town Board addressed this request at a work shop session and were now ready to introduce the Amendment to the Zoning Ordinance. The following Ordinance was introduced by SUPERVISOR PAINO: BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance to the Authority conferred by the Laws of the State of New York, as follows: SECTION I. The Town of Wappinger Zoning Map adopted March 10, 1980, and as amended from time to time, is hereby further amended by rezoning the following described parcels of land from R-80 (Residential) to HB -2A (Highway Business 2 Acres) classification, said real property more particularly described as follows: PARCEL #1: Beginning at a point on the Southwesterly line of Smithtown Road, said point being the intersection of the Southwesterly line of said Smithtown Road with the Northwesterly line of lands of now or formerly Fritz and running thence along the Northwesterly line of lands of now or formerly said Fritz, South 34-16-20 West 302.92 feet to a point; thence leaving said line and running over and through lands of Lot No. 4 as shown on a certain map entitled "SUBDIVISION MAP PREPARED FOR MONTFORT & NESTLER" and recorded in the Dutchess County Clerk's Office as map no. 5224, the following: North 47-46-00 West 218.63 feet to a point; thence North 33-06-4 West 6.29 feet to a point on the Southeasterly line of a proposed road; thence leaving said line and running along the Southeasterly line of said proposed road, as shown on said map no. 5224, the following: North 37-10-00 East 81.92 feet to a point; thence on a curve convex to the Northwest having a radius of 250.00 feet and a length Northeasterly 86.05 feet to a point; thence North 56-53-20 East 116.58 feet to a point; thence on a curve convex to the North having a radius of 25.00 feet and a length Easterly 32.88 feet to a point on the Southwesterly line of aforesaid Smithtown Road, thence leaving said line and running along the Southwesterly line of said Smithtown Road, South 47-47-00 East 129.13 feet to the point of beginning containing 1.36 acres of land be the same more or less. SUBJECT TO THE RIGHTS OF PUBLIC UTILITIES OF RECORD PARCEL #2: Beginning at a point on the Westerly line of Smithtown Road, said point being the intersection of the Westerly line of said Smithtown Road with the Southerly line of lands of now orformerly Poughkeepsie Nursery Company and running thence along the Westerly line of said Smithtown Road, the following: South 16-45-40 East 123.17 feet to a point; thence South 33-06-40 East 14.84 feet to a point; thence on a curve convex to the East having a radius of 25.00 feet and a length Southerly 39.27 feet to a point on the Northwesterly line of a proposed road as shown on a certain map entitled "SUBDIVISION MAP PREPARED FOR MONTFORT & NESTLER" and recorded the Dutchess County Clerk's Office as map no. 5224 and running thence along the Northwesterly line of said proposed Road as shown on said map no. 5224, the following: South 56-53-20 West 113.50 feet to a point; thence on a curve convex to the Northwest having a radius of 310.00 feet and a length Southwesterly 106.71 feet to a point; thence South 37- 10-00 West 60.43 feet to a point; thence leaving said line and running over and through lands of Lot No. 5, as shown on aforesaid map no. 5224, the following: North 33-06-40 West 121.57 feet to a point; thence North 16-45-40 West 112.62 feet to a point on the Southerly line of lands of now or formerly aforesaid Poughkeep- sie Nursery Company; thence leaving said line and running along the Southerly line of lands of now or formerly said Poughkeepsie Nursery Company, the following: North 64-34-40 East 88.78 feet to point; thence North 62-30-20 East 216.02 feet to the point of beginning containing 1.27 acres of land be and the same more or less. SUBJECT TO THE RIGHTS OF PUBLIC UTILITIES OF RECORD. PRESENT OWNERS: John Montfort and Bruce F. Nestler Tax Grid Numbers: 19-6156-02-865914-00 19-6156-02-839925-00 Deed Recorded: Liber 1348 Page 258 Said described Parcels being a portion of the above owners 2.15 and 2.52 Acre Parcels bounded by the following parcels of real property: South by Poughkeepsie Nursery Company West by Smithtown Road North by Fritz SECTION II. This amendment shall become effective upon adoption, Posting and Publication, as prescribed by Town Law. MRS. PAINO moved to refer the Amendment to the Zoning Ordinance to the Town of Wappinger Planning Board and the Dutchess County Department of Planning for their review and recommendation. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Paino moved to set a Public Hearing on this Amendment to the Zoning Ordinance at the next Town Board Meeting (date to be set) at 7:00 P.M. The motion was seconded by Mr. McCluskey and was unanimously carried. r, F] SG Michael Hirkala, was recognized by the Chair, and stated that he felt the recommendations from the agencies the Amendment was referred to should be received in time for the Public Hearing so the public was aware of them; the next Town Board Meeting would be too short a time for these recommendations to be received. MRS. PAINO moved to rescind her previous motion setting the Public Hearing for the next Town Board Meeting and Mr. McCluskey rescinded his second to the motion. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Snowden asked the Board if they wished to consider changing the date of the next Town Board Meeting, February 17th, which is a holiday and also the week of the Association of Town's Meeting. Mrs. Paino moved to set the Town Board Meeting for Thursday, February 20, 1986 at 7:30 P.M. Mr. Reis. The motion was seconded by Both Mr. McCluskey and Mrs. Visconti noted that they were unable to attend the Meeting on that night. They did not have a problem making it on the 24th of February, however, that was Planning Board Meeting and also too close to the March Town Board Meeting. MRS. PAINO moved to forego the second Town Board Meeting for February, 1986. Seconded by Mr. McCLuskey Motion Unanimously Carried Next on the Agenda was a communication from the Recreation Commission seeking permission for the Engineer to prepare specs to go to bid on a building at the Quiet Acres Playground. The Commission had requested the Board to consider this as a Capital Project when their budget was submitted and they hoped to have the building completed in time for the Summer Playground Program. Mr. McCluskey had concerns about putting a building in this location as it was conducive to flooding during the rainy seasons; the Commission is on record as stating that top soil and stone is frequently washed away. He recommended that the Engineer check out the area and report to the Board. MR. MCCLUSKEY moved that the Engineers to the Town inspect the location of the proposed building in the Quiet Acres area and submit a report to the Town Board on the feasibility of 51 constructing a building for the Summer Playground Program. Seconded by Mrs. Paino Motion Unanimously Carried The following proposed Local Law Providing for an Increase of Salary of the Town Clerk of the Town of Wappinger for 1986, was introduced by COUNCILWOMAN VISCONTI: BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF WAPPINGER, NEW YORK, as follows: SECTION I. The Salary of the Town Clerk of the Town of Wappinger shall be increased for the fiscal year of 1986, pursuant to the provisions of Section 24 (2h) of the Municipal Home Rule, to the following salary of $25,000.00. SECTION II. This Local Law is subject to a Permissive Referendum. SECTION III. This Local Law shall take effect 45 days after adoption, and filing, as provided for by Municipal Home Rule. The following who moved its Resolution was offered by COUNCILWOMAN VISCONTI adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 3rd day of February, 1986, a proposed Local Law Providing for an Increase of Salary of the Town Clerk of the Town of Wappinger for the Year 1986, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 3rd day of March, 1986 at 7:15 P.M. on such day at the Town Hall, Mill Street, Wappingers Falls, New York 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by due posting thereof upon the bulletin board maintained by said Town Clerk and published at least once- in the official newspaper of the Town of Wappinger. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays Unfinished Business --- Hayward and Pakan have indicated that the County wants several trees removed from the site of the new Town Hall at the exit on to Middlebush Road to improve the site distance. A letter was forwarded to the Planning Board for their recommendation and �g a response was received indicating that they would recommend the removal of only the trees that were necessary. MRS. PAINO moved to authorize the contractors to remove whatever trees they deem necessary to improve the site distance at the exit from the new Town Hall, as indicated by the architects on the plot plan. Seconded by Mr. McCluskey Motion Unanimously Carried An invoice has been received from Hayward and Pakan for payment to the General Contractor; after a meeting with John Kane and Charles Liscum of Hayward and Pakan, and a review of items yet to be completed to satisfaction, some of the payment will be withheld. MRS. PAINO moved to authorize the payment of $66,119.00 to Hayward and Pakan for work done by the General Contractor of the new Town Hall. Seconded by Mr. Reis Motion Unanimously Carried A Change Order request has been received relating to kick plates on the doors; removal of cabinets from the Assessor's Office and larger ones installed; a change in counter for the Receiver of Taxes, not comfortable for her height. MRS. PAINO moved to approve the Change Order requests and authorize the Supervisor to sign same. Seconded by Mr. Reis Motion Unanimously Carried Mr. Farina reported on receipt of a communication from the Comptroller's Office requesting the Town Board to invoke spending limitations at the Association of Towns Meeting and recommends the following: reimbursement of $50.00 a day for meals, $20.00 a day for parking, $.22 a mile for mileage at a maximum of 150 miles, $77.00 for lodging, taxis, prior approval, car rentals, prior approval; items not to be reimbursed --alcoholic beverages and sundry items. The Comptroller further noted that it would be to the benefit of all if the cost of the trip would be kept to the minimum so there will be money in the budget for other seminars later in the year. MR. FARINA moved to approve the recommendations of the amounts to be spent for the Association of Towns Meeting, as listed by the Comptroller. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Paino referred to a recent project put out to bid a few months ago on the Hilltop Drainage and noted that no bids were received. It is a location that needs this work done and it was her recommendation that the Town rebid on the project. MRS. PAINO moved to authorize the Engineers to the Town to prepare specs to go to bid on the Hilltop Drainage Project. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Incoronato, was recognized by the Chair and asked about the status of the Capolino Zoning violation in the Justice Court. He felt it was time the Town provided the proper accusatory instrument so the Court could properly proceed with this case. He continued on the same vein and noted that several hundred; yards of fill were being put in to Lawrence Farms; our Zoning Ordinance required a special use permit for this activity and as far as he knew, none had been issued. Another complaint he had was the billboards near the Redl property on Route 9, which are in violation by size and also not related to the use of that property. Mr. McCluskey noted that the traffic light at Waldbaums (Wappinger Plaza) is not timed in sequence with the one at Route 9 and Myers Corners Road. As a result of this, motorists accelerate when the Myers Corners light changes only to have to come to an abrupt stop as the Waldbaum light turns red. MR. MCCLUSKEY moved to contact the New York State Department of Transportation to alert them of this fact and ask that they review the situation and rectify this problem if this is their recommendation. Seconded by Mrs. Paino Motion Unanimously Carried There was no other business to come before the Board. Reg. Mtg. MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mr. Reis 2/3/86 and unanimously carried. Elaine H. Snowden The Meeting adjourned at 9:24 P.M. Town Clerk I TOWN OF WAPPINGER 1986 BID REPORT GASOLINE . AGWAY PETROLEUM FM OIL COMPANY Per Gallon, Regular .8307 .8180 Per Gallon, Unleaded .8508 .8815 The Superintendent recommends the bid for Regular and Unleaded Gasoline be awarded to Agway.Petroleum Corporation. VINCE'S FM OIL BOTTINI MULTI -POWER Per Gallon .7080 .8975 .7500 .8085 Burner Contract 55.00 45.00 85.00 85.00 The Superintendent recommends the bid for #2 Fuel Oil be awarded to Vince's Oil Service. BITUMINOUS CONCRETE, DUTCHESS SPOOR- PACKAGE AMENIA QUARRY LASHER PAVEMENT S & G lA Top $ 29.50 $ 29.10 $ 31.00 $ 29.20 1AC Top 29.50 34.00 31.00 29.50 lA Binder 29.50 .29.10 30.90 29.20 2A Binder 29.50 29.10 30.90 29.20 lA Base 29.50 29.10 30.90 29.20 Cold Mix 33.50 34.00 34.00 33.70 The Superintendent recommends the bid for Bituminous Concrete be awarded to Dutchess Quarry, Spoor-Lasher, Package Pavement and Amenia Sand And Gravel. TIRES & TUBES (see attached analysis) The Superintendent recommends the bid for Tires and Tubes be awarded to Dutchess Tire Supply. CULVERT PIPE (see attached analysis) The Superintendent recommends the bid for Corrugated Metal Pipe be awarded to Chemung Supply Company; the bid for Concrete Pipe be awarded to Leonard Concrete Pipe Company. CRUSHED STONE (see attached analysis) The Superintendent recommends the bid for Crushed Stone be awa�ded to Clove Excavators. RUN OF BANK GRAVEL (see attached analysis) The Superintendent recommends the bid for Run of Bank Gravel be awarded to Red Wing Properties, Clove Excavators and Corbin Excavating Company. WASHED GRAVEL (see attached analysis) The Superintendent recommends the bid for Washed Gravel be awarded to Corbin Excavating and Red Wing Properties. WASHED SAND (see attached analysis) The Superintendent recommends the bid for Washed Sand be awarded to Red Wing Properties, Clove Excavators and Corbin Excavating Company. T� ern 19 86 BID REPORT CULVERT PIPE r; ORRUGATED METAL 12" - 16 ga. BRIGH ON 4.28 CHE- MUNG 4.17 15" - 16 ga. 5.16 5.12 18" - 16 ga. 6.18 6.11 24" - 14 ga. 8.29 8.16 30" - 14 ga. 12.23 11.93 36" - 12 ga. 15.49 14.17 48" - 12 ga. 27.78 25.24 60" - 10 ga. 35.50 38.41 6" perf. 2.20 1.79 8" Perf. 3.00 2.79 10" Perf. 3.58 3.46 an d s same same * Brighton CONCRETE PIPE 12" yard LEO- NARD 5.3 price is 20° more. 15" 6.7 12" 9.4 21" 11.7 24" 15.4 30" 21.7 36" 30.5 48" 51.1 60" 81.4 TTnve kmn M"Uvc 19 86 BID REPORT I TRUCK TIRES (NYLON) L78 X 15-4 ply tubeless DEAN'S GOODRICH TIRE 45.00 N/A DUTCHESS TIRE 28.30 L78 X 15-4 ply tubeless traction 49.00 N/A 37.91 650 X 16"-6 ply tube -type 45.50 N/A 33.29 650 X 16-6 ply tube -type traction N/A N/A 33.29 - - 700 X 16-6 ply tube -type traction 56.00 N/A 37.31 750 X 16-6 ply'tube-type 62.00 39.20 37.68 750 X 16-8 plyltube-type.traction 70.00 48•.74 42.81 750 X 20-8.ply1tube-type 95.50 59.78 54.22 - 825 X 20-10 ply tube -type 119.00 76:50 78.05 825 X 20-10 ply tube -type traction 130.00 79.49 89.66 825 X 20-12 ply tube -type N/A 91.82 100.73 825 X 20-12 ply tube -type traction N/A N/A 108.39 900 X 20-10 ply tube -type 142.00 91.70 93.59 _.. 900 X 20-10 ply tube -type traction 153.00 94.95 100.29 900 X 20-12 ply tube -type N/A 110.64 112.73• 900 X 20-12 ply tube -type traction N/A 111.09 121.21 1000 X 20-12 ply truck type 160.00 119.09 124.33 ` 1000 X 20-14 ply truck type N/A 131.94 140.93 1000 X 20-12 ply truck type traction 178.00 125.50 130.23 1000 X 20-14 ply truck type traction N/A 145.13 147.19 1100 X 20-12 ply truck type 184.00 133.00 135.82 1100 X 20-12 ply truck.type traction 200.00 137.75 143.12 �y' X �Q.5 -/o NY 7_L'1 ZITS 475.00 196.84 312.22 LCK TUBES 62',0 X 16 Truck and Bus Tubes DEAN'S 6.75 GOODRICH NB DUTCHESS TIRE 10.00 *0 X 16 Truck and Bus Tubes - 7.50 NB 10.00 .._ 750 X 16 Truck and Bus Tubes Z.50 10.00 825 X 20 Truck and Bus Tubes 12.50 NB 15.50 900 X 20 Truck and Bus Tubes 14.00 NB 19-83 1000 X 20 Truck and Bus Tubes 16.00 NB 20.83 1100 X 20 Truck and Bus Tubes 18.00 NB 24.50 --- TRACTOR TIRES 11L X 16-14 ply 116.00 N/A 75.16 14.9 X 24-6 ply rear 275.00 190.97 151.71 X 24-8 ply 325.00 221.71 273.90 L99 ACTOR TUBES 14.9 X 24 Farm Service Tubes 29.00 NB 25.00 - - 16.9 X 24 Farm Service Tubes 29,00. OFF THE.ROAD TIRES 17.5 X 25-12 ply Nylon Tubeless Loader 486.00 3.$2..72 347.33 20.5 X 25-12 ply Nylon Tubeless Loader 729,00 751.99 798.00 1400 X 24-12 ply Nylon Grader Tube -type 297.00 274..63 248.38 1400 X 24-12 ply Nylon Grader Tubeless N/A 356.08 260.66 1400 X 24 Tractor Grader Tube 43.50 NB 24.50 ROAD SERVICE 27.50 30.00 21.00 BIDDER J.M.J. TRU (Marlboro) RED WING PROPERTIES (Stormville) FOREST GLEN Cu.Yd.FOB CONSTRUCTION _Cu.Yd.Del- (Marlboro) u.Yd.Del(Marlboro) rTT,onFOBn Del' { CLOVE EXCAVATOR Cu. Ia.run (Poughquag) j Cu.Yd.Del WASHED GRAVEL rr mom rim 001 Ton FOB' I BID REPORT •I Ton Del ' /3.75 a•7S // 3S •3S CRUSHED STONE ; , 1 ; C'u.Yd. FOB 1 DUTCHESS QUARRY. Cu.Yd.Del I (Pleasant Ton FOB .$0 9.017,5517-15- .5D7 715'Valley) 19 8 `•6 I ' Vt 3" 1" 5" 3" Tai Run of Washed 1" 3" 1" 5" 8 3" 4 'Tai , Ton FOR- — 4 — — — 8 2 8 2�" ing Bank Sand I 4 8 2 Cu.Yd.Del ' i ' Cu.Yd.FOB on OB. To `Del I MENNEN 9.i5 ' /o• ss N.B. �od5 lads o.6 .3 •e. 7,95- CNG Cu.Yd.Del Ton FOBS I ! ' Ton Del' /.3. 56 13.50 /I.85 NB II.75 11.75 NB 11.75 Cu.Yd.FOB ' Cu.Yd.Del 700 .z5 75-0 1413N3 S•�!o 8. yo N3 g:oo ! i ' S Ton' FOB' — 11 moo_ LAS !1•So NO N� u yo 1� 4o NB I ; I �•� FOREST GLEN Cu.Yd.FOB CONSTRUCTION _Cu.Yd.Del- (Marlboro) u.Yd.Del(Marlboro) rTT,onFOBn Del' MEN { CLOVE EXCAVATOR Cu. Ia.run (Poughquag) j Cu.Yd.Del � rr mom rim 001 Ton FOB' Ton Del ' /3.75 a•7S // 3S •3S C'u.Yd. FOB 1 DUTCHESS QUARRY. Cu.Yd.Del (Pleasant Ton FOB .$0 9.017,5517-15- .5D7 715'Valley) Valley) Ton Del' MEMO_ Cu.Yd.FOB CORBIN EXCAVATING (Wiccopee) Ton FOR- MEN Cu_Yd._FOB. Cu.Yd.Del ' Now Now on OB. To `Del I MEN m No rr mom rim 001 mom MEMO_ t an m MEN Now Now MENNEN