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1985-04-15 RGM AGENDA TOWN BOARD TOWN OF WAPPINGER B IMONTHL Y MEET ING APRIL 15, 1985 - - - - - - - - - - - - - 1. SUPERVISOR CALL MEETING TO ORDER 2 . ROLL CALL 3. ACCEPT MINUTES PLEDGE ALLEGIANCE TO FLAG. ":'.? L ( ..;., i \ \ 'il" ( ! \ ,). I . (: ~ (t. ~\ , .~.> I~ ' .':\ 4. REPORTS OF OFFICERS: Town Justices Hydrant report Sup/Compt. thru 12/31/84 CATV quarterly report Town Year-end Audit prepared by N. Russo for 1984 Bldg. Insp. 5 . PETITIONS & COMMUNICATIONS a. B. Kessler, Attny to Town re: Capolino woodworking business- illegal operations b. Correspondence from NYS Dept. of Health to G. Tretsch re: Cranberry Hills/T/Wappinger/Atlas Water Company c. B. Kessler, Attny to Town, re: T/Wappinger vs Swan - Consent to enter into Stipulation of Discontinuance d. John Montfort - Request for Special Use Permit - Green Fly Swam e. Daryl Juliano - request for return of cash road opening bond ($120.00 - permit #84-1) f. Harold H. Reilly, Village Attny, re: Drainage problem from Redl' Rental Center g. Term expires for V. Smith, Recreation Comm. Member (5/1) h. Request from Judge Wolfson for advancement from Town to OWl Fund i. R. E. Lapar rei rejection of appointing a "Clerk of the Works" j. G. J. Giuffre re: Receiver of Taxes refusal to accept late paym nt without penalty. requests discussion w/ T/Board 6. COMMITTEE REPORTS 7. RESOLUTIONS / a. Res. to transfer funds to OWl Program for Town Court b. Compt. request to transfer funds for D. C. Association for Senior Citizens. c. Corr. Hayward & Pakan - Change Order Requests (2) - proposal for Heating system change, and Floor Tile info for approval - Construction sign layout d. Bids for Sale of present Town Hall Bldg. e. Bids for Telephone System for new Town Hall Bldg. f. Fleetwood water dist. Local Law g. Approve final payment to B/D Contracting for Robinson Lane Fac. 8. UNFINISHED BUSINESS a. Eng~neer to submit plans for Water line extension - Palmateer on Montfort Road. l 9. NEW BUSINESS .. (L",\ s." u{l k/ :;, u (,,,h (I \::, 'i ('(I.t-. IJ~tA.lI~ ~ ~6-1- I)'; T7~\J 10. ADJOURNMENT / J I The Regular Meeting of the Town Board of the Town of Wappinger was held on April 15, 1985 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Versace opened the Meeting at 8:05 P.M. Present: l Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Bernard Kessler, Attorney Ronald Evangelista, Engineer Kenneth Croshier, Highway Superintendent The Meeting began with the Pledge of Allegiance to the Flag. The Minutes of the Special Meeting of March 21, 1985 and the i' , I ! I Regular Meeting of April 1, 1985 having previously been forwarded to all Board Members, were now placed before them for their consid- eration. l Mrs. Paino referred to Page 9 of the April 1, 1985 Meeting and requested that the amount for the light and left turn stacking lane at the Airport entrance state $150,000 instead of the $150.00 incorrectly stated. MRS. PAINO moved that the Minutes of the Special Meeting of March 21, 1985 and the Regular Meeting of April 1, 1985 be and they are hereby approved, with the above correction, as submitted by the Town Clerk. Seconded by Mrs. Ballard Motion Unanimously Carried Reports were received for the month of March from the Town Justices, Building Inspector, Hydrant Report, Supervisor/Comptroller thru L 12/31/84, CATV Quarterly Report, Town Year-end Audit prepared by Nicholas Russo. Mrs. Paino noted that the leaky water hydrant at 6 Namoth Road will be corrected in a few days. She recommended that they table accept- ance of the Year-end Audit prepared by Mr. Russo until after they have their meeting with the State Auditor, Mr. William Joseph, on Wednesday, April 17, 1985. MRS. PAINO moved that the Reports received, with the exce'ption of II ~ the Year-end Audit Report, be accepted and placed on file. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Kessler reported on a long standing violation existing on the Capolino property on Route 9D regarding illegal business operations on the premises. He reviewed the correspondence that had been exchanged between Mr. Capolino, Mr. William Leroy, his neighbor - who voiced a complaint on the construction of a drainage ditch which runs water on to his land and the previous Zoning Administrator Mrs. Farnsworth who kept abreast of the situation. At the present time Mr. Capolino claimed there was no illegal operation business being conducted but merely a woodworking hobby his brother was working on. The situation now remained that a determination must be made by the Zoning Administrator that the violation is in existence or it isn't and once this was done, appropriate action would be taken. MR. VERSACE moved to request the Town Clerk to contact the Zoning Administrator and direct her to ask Mr. Capolino's permission to enter his property to investigate the situation and determine if - he is in violation. Seconded by Mrs. Paino Motion Unanimously Carried A copy of a letter addressed to Gary Tretsch, representative of DWS Holdings on the Cranberry Hills Development from Gilbert Faustel Chief, Design Section, Bureau of Public Water Supply Protection, New York State Department of Health was received by the Town Board; it was relative to their application pertaining to Atlas Water Company and Central Wappinger Water Improvement Area Agreement with DWS Holding and their supply of water. Some of the items included what has been accomplished and partially accomplished by the Atlas Water Company and Central Wappinger Water Improvement Area and also what remains to be accomplished. Under CWWIA, Mr. Tretsch stated -" .:;, ,"(;' ',-', in Paragraph #7 that "although the source of water for Cranberry Hills will be from Atlas Water Company, the service "entity" is confusing. He question if the Town intends to form a water district or reestablish the improvement area. Under paragraph #9 he noted that the Town has not submitted an aquifer test plan or done the required simultaneous pumping tests on their well and concluded with paragraph #10 requiring a water development plan. //3 I f r [ t I t f I I ! f Mr. McCluskey moved to table action and this correspondence for a future work shop session; the motion was defeated by a three to two vote as follows: l Renato Ballard------Nay Joseph Incoronato---Nay Gerard McCluskey----Aye Irene Paino---------Aye Frank Versace-------Nay Mr. Versace felt this was between Atlas Water Company and DWS Holdings, not the Town; if, as the State stated that there is no water district, then there is no binding contract; to his knowledge there was such an entity known as the Cranberry Water Improvement Area formed by the Town of Wappinger and part of the agreement with Atlas and DWS. It was up to Atlas to respond, not the Town. If Mr. Tretsch wanted information from the Town let him contact the Town Board for a meeting and this would be arranged. He initiated the correspondence, so it was up to him to find the answers. He recognized Mr. Ronald Lafko, principal of Atlas Water Company who stated that the application was based on simultaneous action and cooperation from all the parties and he hoped that the Town would show some interest in responding to l the questions that were posed by the writer of the letter who held a high position in the state. Mr. Versace still insisted that it was not up to the Town to respond, it was up to Mr. Tretsch to contact them for their input. Mrs. Paino added that it involved the Town and the questions posed should be answered and concurred with Mr. McCluskey that they should hold a work shop session to discuss the concerns itemized by Mr. Tretsch. She suggested that they at least write to the State and inform them of the items that have been completed. MR. INCORONATO moved to receive the communication and place it on file. Seconded by Mrs. Ballard ~ Roll Call Vote. Renata Ballard Aye Joseph Incoronato Aye Gerard McCluskey Nay Irene Paino Nay Frank Versace Aye Motion Carried 1/1 It was Mrs. Ballard's opinion that they follow Mrs. paino's suggestion and write to the State in response to their questions. MRS. BlLLlRD moved to send a letter to Mr. Gilbert M. Faustel, P. E. Chief, Design Section, Bureau of Public Water Supply Protection with the New York State Department of Health, inform him that the Town has had the aquifer test completed, send him a copy of it, and the Town will work on the water development plan when they - have received the final report of recommendations regarding the aquifer test from Camo Pollution Control. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Kessler forwarded to the Board a "Stipulation of Discontinuance" in the matter of the Town of Wappinger vs. Swan, a long standing litigation involving a boundary dispute with the Swans on Dorothy Heights which came about over the installation of a fence by the Swans and the inability of the Highway trucks to turn around on the cul-de-sac. Both parties agreed to discontinuance of the suit and Town Board action was required to authorize the Supervisor to sign this document. ~....,./. II MRS. PAINO moved to authorize the Supervisor to sign the "Stipulation .1 of Discontinuance relating to the Town of Wappinger vs. Swan, upon the recommendation of the Attorney. Seconded by Mrs. Ballard Motion Unanimously Carried An application was received in September of 1984 from Jomo Realty Corp. for a Special Use Permit to fill lands owned by John Montfort, adjacent to the Green Fly Swamp. The matter was referred to the Conservation Advisory Council who recommended that the application be forwarded to the Department of Environmental Conservation for approval. Mr. Montfort has received the permit from the D.E.C. and requested the Town Board to consider his application for the I Special Use Permit. Mr. Incoronato noted that Sections 440.0 thru 441.293 of the Zoning Ordinance have not been complied with and felt they could not entertain this request at this time. Also the fees of $5.00 per 100 cubic yards, total of $838.20 have not been paid. It was recommended that a public hearing be set conditional upon Mr. Montfort complying with the above stated sections and paying the required fee. l l l //S ~ f ~. , , I i [. I I i I i ! I I I The Town Clerk was requested to notify Mr.Montfort of the date of the Public Hearing and the requirements of the fee and compliance to the sections of the Zoning Ordinance stated above prior to the date of the Public Hearing. MR. VERSACE moved to set a Public Hearing on a Special Use Permit for Jomo Realty to fill in the Lands of Montfort for May 20, 1985 at 7:30 P.M. Seconded by Mrs. Ballard Motion Unanimously Carried A request was received from Daryl Juliano of Juliano Heating and Plumbing for the return of his cash bond in the amount of $120.00 posted for a Road Opening Permit #84-1 at 11 Gary Place in the Town of Wappinger. Mr. Croshier wrote to the Board stating that he had reviewed the work done by Juliano Heating and Plumbing at 11 Gary Place and recommended the release of the certified check in the amount of $120.00. MRS. PAINO moved to release the certified check in the amount of $120.00 to Juliano Heating and Plumbing for Road Opening Permit #84-1 at 11 Gary Place, at the recommendation of the Highvlay Super- intendent. Seconded by Mrs. Ballard Motion Unanimously Carried Mr. Harold Reilly, Village Attorney, wrote to the Board re his concern on the drainage problems from the Redl's Rental Center and requested the Town to abide by its commitments and to mandate the installation of a proper drainage system on the Redl property in order that the residents of the Village of Wappingers Falls will be adequately protected. Mr. Evangelista was aware of the problem and had contacted the New York State Department of Transportation requesting informtion on their drainage plans for that area. As soon as he receives a report from them he will I forward it to the Board. Mr. Versace stated that the Board would meet with Mr. Reilly and the Village Board when this report was received from the Engineer and discuss the drainage problem with them. MR. MCCLUSKEY moved to contact Mr. Reilly and notify him of the Board's action. Seconded by Mr. Incoronato Motion Unanimously Carried A vacancy would exist on the Recreation Commission as of May 1, 1985 when Vernon Smith's term will expire. Mrs. Snowden asked the Board JJ~ if they wished to consider an appointment at this time. The following resolution was offered by COUNCILWOMAN BALLARD who moved its adoption: RESOLVED, that Ellen Korz be and she is hereby appointed to fill the vacancy on the Recreation Commission of the Town of Wappinger which has occurred by reason of the expiration of the term of Vernon Smith, and it is further RESOLVED, that the said Ellen Korz is hereby appointed to the said Recreation Commission for a five year term which shall expire May 1, 1990. - Seconded by: Councilwoman Paino Roll Call Vote: 5 Ayes 0 Nays A request was received from Town Justice Carl Wolfson for an advance- ment from the Town to the D.W.I. fund until such a time as the money is received from the state for this purpose; the amount requested was $1,000.00 and this procedure was followed last year. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, the allocation of State funds for the D.W.I Program will be delayed, and WHEREAS, there is currently insufficient funds to continue with the program, NOW, THEREFORE, BE IT RESOLVED, that the sum of $1,000.00 be _~.'.... and is hereby transferred from Federal Revenue Sharing Funds to . Stop D.W.I. Program and said sum of $1,000.00 is to be reimbursed to the Federal Revenue Sharing Fund upon receipt of the State allocation of monies for this program. Seconded by: Councilwoman Paino Roll Call Vote: 5 Ayes 0 Nays The following letter was received regarding the appointment of a "Clerk of the Works" to supervise the construction of the new Town Hall which was an issue at the last meeting: April 9, 1985 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Re: Lack of "Clerk of the Works" at the new Town Hall It....' - Dear Board Members: It is with some consternation that I read in the April 3, 1985 edition of the Poughkeepsie Journal that you rejected, or have not provided for fulltime construction management on a $1.2 million project. As a tax paying resident of this Town of Wappinger I charge you to personally be responsible for the probable legal cost of your //7 uneducated action. Tre pttential legal costs to the Town by your actions could make the fulltime construction management cost look minuscule. I would hope that you will reconsider your decision since it could prove very costly and unfortunately the cost will be borne by the Taxpayers of the Town of Wappinger. l Sincerely, sl RUdolph E. Lapar Mrs. Paino reiterated her reasons for making the motion at the last meeting to hire such a person, for the benefit of Mrs. Alberta Roe who was not familiar with the matter. She felt it was a pre- caution the Town should take since the firm of Hayward and Pakan who were supervising the project were not required to be on the site twenty fours a day and as stated in their contract they would not be responsible for the contractor's failure to carry out the work in according with the documents. On the other hand, Mr. Versace had confidence in the firm hired by the Town to supervise and approve the vouchers submitted after ascertaining that the materials used were those specified and the installation was satisfactory. The Building Inspector was making 1. constant inspections and submitting a work progress report to the Board Members and the Officials. Mrs. Roe stated that she agreed with Mr. Lapar and the Town should hire a Clerk of the Works for the supervision. MRS. BALLARD moved to receive the communication from Mr. Lapar and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried ! r I f I A request was received from G. J. Giuffre for a hearing with the Town Board relating to a water and sewer bill payment by a check he neglected to sign. He stated that this payment was sent to the Receiver of Taxes on or about April 3, 1985; it was sent back to him 1. for a signature and when he did bring it back properly signed the Receiver of Taxes informed him she could not accept it since the payment was late. He argued this point with her pointing out that he did not receive it back on time to bring it in by the 10th of April. He was at a lack to understand why he wasn't called to come in and sign the check or why it wasn't sent back sooner so he would have ample time to bring it back prior to the due date. He further //( stated that other bills were sent out by him on that day and one in particular traveled 100 miles and the receipt came back another 100 miles and this was received by him on the 10th of April, 1985. The Receiver of Taxes answered this complaint by the following letter to the Town Board: April 11, 1985 I,'" ., To: Town Board Members Re: Guiffre, G. Water & Sewer Rents Please be advised that Mr. Guiffre's unsigned check was received in this office on Monday, April 8, 1985. I immediately wrote Mr. Guiffre a note asking him to please sign his check and return it to this office by April 10, 1985 to avoid penalty. The note and check were mailed from this office on Monday, April 8, 1985. The due date for Mr. Guiffre's bill was April 10, 1985. The bills were mailed out on March 6, 1985, so that Mr. Guiffre had the bill in his possession for approximately 30 days. I have enclosed a copy of Town Policy on Collection of Water & Sewer Rents. Please be advised that I cannot consider an unsigned check as valid payment of a bill, and must follow Town policy in order to properly execute my responsibilities as Receiver of Taxes. Very truly yours, sl Cecile S. Hawksley Receiver of Taxes - Enclosed with this letter was a copy of the Town Policy adopted April 14, 1975. Although some members of the Board were ready to vote on this matter Mrs. Paino commented that she felt they should abide by the Town Policy and read two paragraphs from the Policy pertinent to the situation as follows: 3. Payments are due in full on or before the due date specified on the bill. Payments postmarked with the due date will be considered paid on same. 4. Penalties will be enforced. Receiver of Taxes shall refuse payment of any bill where penalties are due and not included. Mrs. Paino felt it was clearly spelled out that Mr. Guiffre was responsible for the penalty involved; if the Town Board were to - waiver this payment it would set a precedent for other taxpayers to request the same treatment. Mrs. Ballard concurred with Mrs. paino's opinion in that the Town Board would be setting a precedent in excusing Mr. Guiffre from paying the penalty. She could understand it if there were extenuating circumstances such as a case that came up a short time ago when a customer was late with her payment due to a fire in the Postoffice which partially burned her envelope and was delivered late to the Town Hall; the Postoffice also backed up her statements. This was entirely different and an acceptable situation for the Board to waive a penalty, but in this case with Mr. Guiffre, it is not. l Mr. McCluskey added his comments that it was human nature to err by the customer not signing his check, they should take this into consideration, also the fact that the postmark was not clear on the envelope and could not be deciphered; another factor was that the postoffice does take unusually long lengths of time in some cases to forward mail to its proper destination and this, too should be taken into consideration. In these cases they have to consider all the circumstances and he felt the Guiffres should be excused. Mr. Incoronato asked how much of a penalty they were talking about and when told it was $5.50, he felt the amount was really academic-- Mr. Guiffre certainly didn't come to this meeting and sit through all the petitions and communications on the Agenda merely to collect $5.50, to him it was a principle and his right to present his side L of the story to the Board for their decision. MR. INCORONATO moved to accept Mr. Guiffre's water and sewer payment without the penalty. Seconded by Mr. McCluskey Roll Call Vote: Renata Ballard Nay Joseph Incoronato Aye Gerard MoCluskey Aye Irene Paino Nay Frank Versace Aye Motion Carried Mr. Versace voted "Aye" because he felt it was the Board's function to hear the residents when they had a problem, it was their right to come to the Board and cite their side of the story and in some cases, l exceptions should be made. It was his opinion that, as Mr. Incoronato stated the man was here on principle, not on the actual amount of penalty he wanted to avoid paying and he respected this; all residents are entitled to tell their story to the Board. Prior to going on to Committee Reports, Mr. Versace recognized Sandra Goldberg, Wappinger County Legislator and asked her for a report on County activities. Mrs. Goldberg spoke on the Marcy 345 1/7 ! ! I. r f I k f I I ! j /~() power lines and informed the Board that the County was going along with the law suit that was being defended by Attorney Siethe and she recommended that the Town notify him that they too would join the suit. She noted that the prime factor in the case was money and they really.needed it; she felt the Town could donate a minimal fee to help the cause. MR. VERSACE moved to authorize the Attorney to the Town to contact II Mr. Siethe for information on the procedure to follow for the Town Board joining in this injunction. Seconded. by Mrs. Ballard Motion Unanimously Carried Mrs. Goldberg then reported on the dumping activity going on in the airport area, specifically the Jackson Road area that Mr. McCluskey has been complaining about at previous meetings. A letter from the County Executive indicated that she had contacted Mr. Whited, Com- missioner of Aviation to clean the area and a chain link fence was being removed from another area and placed at that location to discourage the dumping. There were other areas that was a headache to the airport, also, so it might take some time for the fence to II be installed. Committee Reports--- Mrs. Ballard, Elections---At the March 18, 1985 Meeting, she was requested to contact the Dutchess County Center for Accessible Living for information the Town would require to make polling places accessible for the disabled. Mrs. Ballard did this and was surprised to learn that some of the Polling Places she felt met these requirements actually did not. After investigating the Town Polling Places she found there would have to be some adjust- ments made at the Hughsonville Fire Company, the Knights of Columbus on Route 82, the Chelsea School House, 60 Imperial Boulevard Apart- ments, the New Hackensack Fire House and the Immanuel Christian II Reformed Church. The first two locations, Hughsonville Fire Company and the Knights of Columbus had what she called a "lip" at the entrance which would hinder wheel chairs and this could be corrected by a small amount of asphalt to fill in that space which she felt the Highway Department might be able to do some time when they were on the road with extra material. Both Imperial Gardens and the l l l /02/ 1 I I I f I f I Chelsea School House would require ramps for easy access; Mr. Hammond from Chelsea informed her he would share the expense with the Town, Mr. Angel from Imperial Gardens would take care of this matter himself; New Hackensack Fire House and the Immanuel Christian Reformed Church merely needed to allow entry from another door instead of the one they usually use; for instance at the Fire House, if they would allow the voters to use the side door where the entrance is flat, there would be no problem and with the Church, the front door entrance would be needed. MRS. BALLARD moved to contact the above mentioned Polling Places informing them of these lack of requirements for easy access for the Handicapped and how the corrections will be made. Seconded by Mr. McCluskey Motion Unanimously Carried Mrs. Paino---Drainage, questioned the Engineer on the status of the report due on the cost price of six drainage projects in the Town which was requested at the February 4, 1985 meeting. They include Scott Drive, Tor Road, 2 at Pine Ridge Drive, McCullough Terrace and Baldwin Drive and a report on a firm price is required, as soon as possible. Mrs. Paino---Vandalism, felt that another car was needed for the Vandalism Patrol now that Spring is approaching with warmer weather; we have a big town with approximately 90 miles of road and in previous years the Town always had two cars patroling. Mrs. Paino moved to authorize the Comptroller to purchase a car for the Vandalism Patrol through the State Contract or go to bid on this purchase. Seconded by Mr. McCluskey Roll Call Vote: t Renata Ballard Joseph Incoronato Gerard McCluskey Irene Paino Frank Versace Nay Nay Aye Aye Nay Motion Defeated Mr. Versace recommended that they discuss this matter at a work shop session to determine where the financing was coming from. Mrs. Paino argued that the money was available and referred to the Year End I I f Report from the Supervisor/Comptroller dated December 31, 1984 I:;). indicating that $12,966.16 was spent in 1984 for the Vandalism Patrol and the 1985 Budget allowed $24,600 for this item; the monies spent in 1985 are similiar to that spent in 1984 therefore the difference would supply the amount to finance the car. Mr. Versace still preferred that the Comptroller check the fund balance for 1985 and the Board discuss it at a work shop session. I Mrs. Ballard suggested that they use the Building Inspector's car in the evening for the Patrol, however, Mr. Incoronato preferred that they use the Assessors Car during the off hours---he would soon have delivery on a new car. Mr. McCluskey felt they could purchase a new car and have it serve a dual purpose, officials could use it during the day. If the other cars used by the Officials were used by the Vandalism Patrol, there would be an inconvenience for them to pick it up for the morning use; it should work the other way around. Mr. VErsace requested the Comptroller to check the funds and then they would discuss it at a work shop meeting, he was not prepared to discuss it tonight since he did not know the subject was being brought up. Mr. Incoronato, Ordinances---The CZAC had requested the Attorney ~..."....... II to draw up the necessary documents to set up a public hearing on front yard setbacks, site development plan and notice to abutting owners on site plan approval for commercial property; he asked the Attorney to have this prepared for the Board for the next meeting. MR. MCCLUSKEY moved to set a work shop session on May 2, 1985 to discuss the purchase of a new car for the Vandalism Patrol. Seconded by Mrs. Ballard Motion Unanimously Carried Resolutions--- Item 7a was approved under Item 5h, request from Judge Wolfson for advancement of $1,000.00 for the D.W.I. Program. It.- II The following resolution was offered by COUNCILMAN MCCLUSKEY who moved its adoption: WHEREAS, the sum of $1,996.15 was transferred by the Town Board action dated July 2, 1984, and WHEREAS, such sum was to be paid to Dutchess County Association for Senior Citizens for additional hours for the staff, and WHEREAS, there was an error in the Comptrollers Office, such monies were never paid or encumbered but instead returned to Fund Balance, and l L L 1~3 WHEREAS, there are extra funds available in Dial-a-Ride, CF 7610.4, BE IT RESOLVED, that the sum of $1,996.15 be and is hereby transferred to Senior Citizens Arts & Crafts CF7310.4 and paid to Dutchess County Association for Senior Citizens as agreed in 1984 and taken from Dial-a-Ride CF7610.4. Seconded by: Councilwoman Paino Roll Call Vote: 5 Ayes 0 Nays Item 7c included change order requests from Hayward and pakan on the new Town Hall, a credit was involved and a substitution of the name brand on the floor tile. The first was gypsum board to the underside of the bottom chord of the roof trusses at a total cost of $28,680.00. MRS. BALLARD moved to approve the Change Order for the gypsum board in the amount of $28,680.00, and authorized the Supervisor to sign the Change Order and return it to Hayward and Pakan. Seconded by Mr. Incoronato Roll Call Vote: 4 Ayes Mrs. Paino---Abstain Prior to this vote Mrs. Paino voiced her objection to the price quoted since they had previously been given a figure over $2,000.00 less and she felt that was the price they should be paying. She had no objection to the material but did not want to pay more than they should be paying. Mrs. Ballard pointed out that at the March 28, 1985 work shop session on this change order, the $26,000 figure was an estimate, but once the specs are prepared and submitted to the manufacturer it could come out a different price. Mrs. Paino abstained because she felt she did not have enough information on the price quoted on the Change Order Request and the figure given at the work shop meeting. Change Order #2 was for eight fire dampers from C. B. Strain. MRS. BALLARD moved to approve and Change Order Request for eight fire dampers at a total price of $1,353 and authorize the Supervisor to sign the Change Order and return it to Hayward and Pakan. Seconded by Mrs. Paino Motion Unanimously Carried Next was a Change Order to provide dual fuel for the heating system, gas~nd #2 oil at a totaf c6st of $2,503.00 .1).1 MRS. BALLARD moved to expend the amount of $2,503.00 for a dual heating system using both gas and oil and authorize the Supervisor to sign the Order and return it to Hayward and Pakan. Seconded by Mrs. Paino Motion Unanimously Carried The next amount represented a credit to our account in the amount of $2,079.00 for ,Condensing units. MRS. BALLARD moved to accept the proposal request and authorize the Supervisor to sign and return to Hayward and Pakan. Seconded by Mr. Incoronato Motion Unanimously Carried Next was the substitution of Armstrong Floor Tile for Kentile Tiles. MRS. BALLARD moved to accept the substitution of Armstrong Floor Tile for Kentile Tiles. Seconded by Mrs. Paino Motion Unanimously Carried Five Bids were received and opened on the 4th of April 1985 for the sale of the present Town Hall. MRS. PAINO moved to award the bid to the Community Service Program operating as Wappingers Youth Outreach as high bidder in the amount of $82,152.00. Seconded by Mrs. Ballard Motion Unanimously Carried Mr. Versace requested the Comptroller and the Attorney to proceed with the necessary documents required to finalize the sale of the Town Hall. Four companies with six proposals bid on the telephone system for the new Town Hall which were also received and opened on the 4th of April, 1985. MRS. BALLARD moved to award the bid to A T & T for the Merlin System at a total cost of $20,469.80. Seconded by Mrs. Paino Motion Unanimously Carried A Public Hearing having been held on April 15, 1985 by the Town Board on a proposed Local Law Relating to the Imposition and Charge for Water Rates for the Consumption and Use of Water for the Fleetwood Water District, the matter was now placed before them for their consideration. I - I L l L' I';<S I MR. INCORONATO moved to adopt Local Law #2 of 1985 as follows: A LOCAL LAW AMENDING LOCAL LAW NO. 7 OF THE YEAR 1981 AND LOCAL LAW NO. 8 OF THE YEAR 1980 AND DELETING LOCAL LAW NO. 5 OF THE YEAR 1984 RELATING TO THE IMPOSITION AND CHARGE FOR WATER RATES FOR THE CONSUMPTION AND USE OF WATER FOR THE FLEETWOOD WATER DISTRICT BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Section 2 of Local Law No. 7 of the Year 1981 is to be amended as set forth herein below: Section 2. The owner shall be obligated to pay the minimum charge of $37.00 each quarter, regardless of the consumption of water for said quarter, provided said owner is connected to the system at any time during the quarter, said rate to commence with the 2nd district fiscal quarter of the year 1985. In addition to the foregoing, there shall be the following charges: Number of Gallons Rate Per Thousand Gallons In excess of 14,143 gal/quarter $.967262 / 1,000 gals. Section 3. This local law shall take effect upon adoption and as provided by theMunicipal Home Rule Law. Seconded by: Mr. McCluskey Roll Call Vote: 5 Ayes 0 Nays A request was received from B/D Contracting for final payment on their contract with the Town for the Robinson Lane Handicapped Facilities. The report on the completion of this work was accepted by the Board at their last meeting and all Board Members with the agreed exception of Mr. Incoronato/tfiat the final payment should be approved. He, on the other hand, referred to their lack of compliance with the planting requirement on the parcel on All Angels Hill Road that was rezoned last year and felt the Town should hold back on the payment until they completed the requirements. It was the consensus of the opinion of the other Board Members that one item had nothing to do with the other; non~compliance would have to be enforced separately, the work was completed and accepted by the Board on this project and they should be paid for the work on the contract. MRS. BALLARD moved to approve final payment to B/D Contracting for the Robinson Lane Handicapped Facilities. (Final Payment---$5,850.00) Seconded by Mrs. Paino Roll Call Vote: 4 Ayes Mr. Incoronato---Nay Mr. Incoronato voted "Nay" for the reason stated above. j/J-b The Engineer had been requested to submit plans for the extension of water lines to palmateer's property on Montfort Road at a previous meeting so the Board could go to bid on this project. They were not completed at this time and Mr. Evangelista stated that he would have them ready for the next meeting. Under New Business Mrs. Snowden informed the Boar~ t~dt she had been served with a Summons and Complaint from Rudolph E. Lapar I vs. the Town of Wappinger and although it was a late item there was a forty-five (45) day answering limit and she felt the Board should take action on it. MR. MCCLUSKEY moved to refer the Summons and Complaint from Mr. Lapar to the Attorney to the Town to defend on behalf of the Town of Wappinger. Seconded by Mr. Incoronato Motion Unanimously Carried Mrs. Paino had a few more items under New Business regarding speed limits. MRS. PAINO moved to petition the Dutchess County Department of Public Works and the New York State Department of Transportation - to reduce the speed limit on St. Nicholas Road to 30 MPH and to reduce the entire length of Widmer Road to 30 MPH (it is presently 40 MPH from Wildwood Drive to All Angels Hill Road). Seconded by Mrs. Ballard Motion Unanimously Carried MRS. PAINO moved to petition the Dutchess County Department of . Public Works and the New York State Department of Transportation to reduce the speed limit on Old Hopewell Road from 55 MPH to 40 MPH from Route 9D thru to Route 82. Seconded by Mrs. Ballard Roll Call Vote: 4 Ayes Mr. McCluskey---Nay I Mr. McCluskey did not feel that this road warranted a lower speed limit. There was no other business to corne before the Board. MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mr. Incoronato and unanimously carried. The Meeting adjourned at 10:26 P.M. ~~~ (\ft-f. m q,- 1-/ - /~~~S- Elaine H. Snowden Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on April 15, 1985 at the Town Hall, Mill Street, Wappingers Falls, New York, on a proposed Local Law RElating to the Imposition and Charge for Water Rates for the Fleetwood District. Mr. Versace opened the Hearing at 7:54 P.M. r-- ! ! f , Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk Absent: Gerard McCluskey, Councilman The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). Mr. Versace explained that this law amended previous local laws setting the rates on the Fleetwood Water District and deleted Local Law No. 5 of 1984 which did not specify the fees for extra water usage. He asked if there were any comments from those present either for or against the proposed Local Law. There were no comments made either for or against the rates as presented in the proposed Local Law. MR. VERSACE moved to close the Public Hearing, seconded by Mr.Incoronato and unanimously carried. The Hearing closed at 7:57 P.M. (d~\\~ Elaine H. Snowden Town Clerk l L L L , Ii TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW RELATING TO THE IMPOSITION AND CHARGE FOR WATER RATES FOR THE CONSUMPTION AND USE OF WATER FOR THE FLEETWOOD WATER DISTRICT STATE OF NEW YORK ) ). ss: COUNTY OF DUTCHESS) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on April 3, 1985, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Relating to the Imposition and Charge for Water Rates for the Consumption and Use of Water for the Fleetwood Water District, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. ~~ ~S~ck Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this )~ day of ~ 1985. Q~~~Jh NotarY; Public . V-f/ (" ~. l.P, : .~'''' :~'-:~~, .!:t. :.:i;~'~:~<~~;~;~';'/I::J9 c. ") ,. .,. ...',.' ....,. a- I 1rJ. and B. D. NEWS DISPLA Y ADV ER TlSING .... CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET-WAPPINGERS FALLS, NY 12590 ~ AFFIDA VIT OF PUBLICATION 1... -- HoTlCt 18 WEAUY GiVEN ~I'" lhere hal' Men dulj ~ted and Inlroduced llefcn lhe Town brd 01 lhe Town" Of W~p1no-,' Dulcllen County, New Yortc on AprIl 1, '''' a , propoeecI ~lAw.. followa: , , . ; . .,,-.. LOCAL LAW NO. OF THE YEAR ,. ~. ' AMENOING LOCAL LAW NO. 7 Of' THE' 1 YEAR ,., AND LOCAL. LAW NO. . OF THE YEAA 1110 AND DELETlNO LOCAL lAW NO. Of' THE YEA" Il184'; RELATING TO THE IMPOSmON AND'~ CHARGE FOR WATER RATES FOR ,. THE CONSUMPTION AND USE OF. l' WATER FOR THE FLEETWOOD WATER DISTRICT. BE 1T ENACTeoI.~!he TM 80ant of,. lhe Town of wapplnglW, Dutchaae County, New Yortc, a, fOllows: Section 1. SectIon 2 01 Local Law No. 1 of lhe )'....,.,1810 be ~.._ lourth ".,.... betow: ., , , ' Secllon L The owner' ehall be obllgaled to pay lhe minImum charllll( of 137.tlO .-ch quartar, regardl8aa Of . lhe _pIlon of waler for M\d quarter, provlclecI ..Id owner I' con. nacledlo lhe.tam alan)' time durlng lhe quarter,' Mid rala 10 commanca'- with the 2nd dl.trlet II_I quartar of the year 1l1l15. In addlllon 10 the ~="f' ttIere aha" be lhe~' ~ Ino NUIIlbar of GaIIona In.:.~..:,~= . '.~ '..7282/1,000 IIU. Section 3. Th.. local lliw ""II a alfacl upon adoption ancl .. provtdecI by the Municipal Horna Aula Law, ., T NOTICE IS FURTHER GIVEN lhal the own , BoIIrd will conduct. a PublICI Haartng on !he aforaeald PrclPOMd Local Law II the Town HilI. Mill St..... Wapptngara Fal", Dutchell County" Naw Yortc on "",*15, 11115. II 1:10 P....: .. on .uch date at w11leh time III pan... . j Intamted wilt be heard., ' c' . . NOTICE IS' fURTHER GIVEN that copl.. of the .lOraNId PrclPOMd Local Law wilt be available lor axamlnallon' and lnapactlon at II. office of !he Town Clerk of !he Town of W~pInger In Ih Town Hall bet_n the date of th.. . nOli" and llII date of, !he public hearlna. ' EIII"H.~ Town Clerk Town of Wappl..- Dalecl: April 2, I. ., '," " State of New York, County of Dutchess, Town of Wappinger. Gisela Schmitz . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter W?S, the. . . . ~qq~~~p~r. . . . . . . . , of the W. & S.D~ NEWS, a newspaper printed and published every Wednesday in the year in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for. . .ql1E! . . . . weeks successively . 9~CC!. . . in each week, commencing on the. .3rd. day of ..Apr. . 19. 135. and on the following dates thereafter, namely on and ending on the. . . ~:~. . . . . . day of. . . ~:P~~f.. . . . 19. .8.5. both days inclusivle. , , /1 (n 0, -J., , r; 1 'lie ,/ c'J c~~1 t . .. . .Yt. ,F. .~. . . .. ......... Notary Public -'"..'. Subscribed and sworn to before me this. .3J:'si...... day of. .Apri~... 19.8~........ C:..~, ~,.~.~~~:::::.-.e:::-_._ . . . . . . . . . . . . . . . . . . . . . . . . . . . My commission expires. . . . . . . . . . . . . . . . . . . . . . . . . ALBERT M, OSTEN NOTA:i'{ f'UCU(;, STinE (F IIEW YORK Q!.JAUF';:~) l!l D": ;',' Cl.J:;YY 4i 14.82';0700 COMMISSION EXPIRES MAnCH 3D, 19,~ ~.'.: --..., Jl1r~r~j~:'~j,t';~t~~~ff~~J:~,~~~~2~~~~~j~~it~~;... or"',;' ." '~~~il+~~'::~~ :~~~,. ,.~.,..tr,^~~....;>;t.~.... - .":l'",~,..:,.1l::.~ -:~)"':,~.:;' ;~:;;~~ ::,;>,.,;:)~~~~ .~ <.,"', . ". '::. ~.,~ ,.' - , , ;~fl!-}~~~r~~f;l~~r~~l~~~~~~~~~~~~::{;;:~:;. . '~ :. ... ~:....~.-...;'.. . ,. ..:.~:. 'J!t'.) :'_. i~:: !~:~ ..'~'~/_'~ --~~:;.._~,. ',~_. .... , ',', ".' ~ . ~~f~~~k+;'?/:~~ ~ ~"'-"" ,;. ," ..,.,' .~~~t.~~:.; ;~ ~~~. ".-:':,...- '.!~. .~.;.-, 1,..-)