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1967-05-11 RGM (adj)561 The Adjourned Meeting of the Town Board, Town of Wappinger, was held on May 11, 1967 at the Town Hall, Mill Street, Wappingers Falls, N.Y.. Present; (answering roll call) Joseph H. Fulton, Supervisor William Bulger, Justice of the Peace Vincent Francese, Justice of the Peace Absent: None Also present: Knud Clausen, Superintendent of Highways Rudolph Lapar, Town Engineer Harold Reilly, Attorney to the Town Louis Diehl, Councilman Louis Clausen, Councilman 8l ajAe H. Snowden, Town Clerk Meeting called to order at 8:12 P.M.. First item on the agenda — Highway Bids— Readvertized Bids for Crushed Gravel, Washed Sand & Washed Gravel, that had been received and opened April 14, 1967, were presented to the Board. Bids were received from Camelot Sand, Stone and Gravel Co., Inc., Dutchess Quarry & Supply Co.,. Inc., Dutchess Sand & Gravel Co., Inc., Leemac Sand & Stone Corp., Southern Dutchess Sand & Gravel, Inc., Colonial Sand & Stone Co., Inc., Circle Sand & Gravel, Inc., for Washed Gravel. /Sand, Stone and Gravel Co., Inc Superintendent of Highways Clausen recommended that Camelot be awarded the bid for. Washed Gravel & also recommended that Camelot Sand, Stone and Gravel Co., Inc. be awarded the bid for Washed Sand on the basis of a shorter haul distance, as this haul distance affects the F.O.B. price. Mr. Francese made a motion to accept the recommendation of the Highway Superintendent, and accept the bid,award the contract to Camelot Sand, Stone and Gravel Co., Inc., pm the Washed Gravel at the price of 4" ® $2.00 — 3/8" @ $2.00 — 4" 0 $2.00 — 5/8" 0 $I.75 3/4" ® $1.75 — 11" ® $1.50 — 21" 0 $1.50 — Tailings ® $1.75 pert ton F.O.B.; and also the bid for Washed Sand contract shall be awarded to Camelot Sand, Stone and Gravel Co., Inc., at the price of $1.25 per ton F.O.B.. Seconded by Justice Bulger. Unanimously Carried. Bids were received from Dutchess Quarry & Supply Co., Inc. & Spoor Lasher Co., Inc. for Crushed Stone.. The Highway Superintendent recommended the bid for Crushed Stone be awarded to Spoor Lasher Co., Inc., on the basis of a shorter haul (as set forth; in the bid proposals), as this haul distance affects the F.O.B. price. Mr. Francese moved to accept the Highway Superintendent recommendation to award the bid to Spoor Lasher Co., Inc. for Crushed Stone, (noting that they are not low bidder, but low bidder including mileage), at 4" 0 $2.95 — 3/8" ® 2.95 — 2" 0 $2.95 — 5/8" 0 $2.50 — 3/4" 0 $2/50 — 11" ® $2.35 — 21" 0 $2.35 — Tailings ® $2.25 per ton F.O.B.. Seconded by Councilman Diehl. Unanimously Carried. Bids were received from Dutchess Quarry & Supply Co., Inc. & Spoor Lasher Co., Inc. far Bitafilnous Concrete. The Superintendent of Highways recommended that the bid be awarded to Spoor Lasher;Co., Inc. for Hot Mix & Cold Mix Bituminous Concrete on the basis of a shorter haul distance, as this haul distance affects the F.O.B. price. Mr. Bulger moved to accept the recommendation of the Highway Superintendent to award the bid to Spoor Lasher, Co., Inc. for Bituminous Concrete, since, although it is not the lowest bid, when travel distance is considered, the total cost per ton makes it the lowest priced delivered to our Town. Those prices as quoted in the bid are — $7.30 per ton F.O.B., Hot Mix — and — $8.00 per ton F.O.B., Cold Mix. Seconded by Mr. Francese. Unanimously Carried. Bids were received from W$dUU/Y?dtK/r4ij Terminal Motors, Inc., International Har— vester, Hudson River Sales, Ralph Herman, Inc., Hoffman Ford Motors for Dump Trucks. Mr. Knud Clausen noted that the first advertisement for bids for Dump Trucks brought in only one bidder, the readvertisement on the modified bid specifications brought in 5 bids. Mr. Francese questioned Mr. Knud Clausen about an unsolicited alternative offer from /Hudson River Sales Corp., F.W.D., submitted with their bid for the small Dump Trucks, and suggested the Board might consider the alternative offer for larger trucks for highway use. Mr. Diehl and Mr. Bulger both felt a legal opinion was required at this point. Mr. Reilly obliged by stating that if the Town solicited bids, and bidders substant— ially complied, those were the bids that had to be considered — the unsolicited offer could not be legally considered with them. Recess called at 8:35lM.. Meeting called back to order 9:25 P.M.. Mr. Francese made a motion to table action on bids for the Dump Trucks at the present time, upon recommendation of the Highway Superintendent. Seconded by Mr. Diehl. Unanimously Carried. Mr. Francese made a motion to acknowledge the receipt of the correction deed, of the recreation land, at Quiet Acres, and accept it. Seconded by Mr. Diehl. Unanimously Carried. Mr. Clausen asked what seemed to be the implications on the second part of that recreation area, and Mr. Fulton` said it turned out that the two parcels weren't contiguous, and the conditions of the Planning Board were that they must be con— tiguous. The Board received a letter from Leonce L. Heady, Chairman of the Board of Fire Commissioners of the New Hackensack Fire District, confirming that the Commissioners of this Fire District were in favor of the Town Board taking whatever action poss— ible to have.tht annexed portions of the Village removed from their territory. The following letter was read from Qunnn and Reilly, Attorneys: May 11, 1967 Town Board Town of Wappinger Mill Street,Wappingers Falis, N.Y. Re: Exclusion of certain premises from the New Hackensack Fire District which have been annexed to the Village of Wappingers Falls Gentlemen: 5`b Some time ago the Village of Wappingers Falls annexed two parcels of land which lie within the New Hackensack Fire District. The Fire District and the Village of Wappingers Falls now requests that the Town Board, pursuant to Section 182 of the Town Law, adopt a resolution excluding this area from the New Hacken— sack Fire District. Papers relative to this matter have been forwarded to our office for inspect— ion. It is to be noted that the Village of Wappingers Falis has assumed the oblig— ation to pay that portion of the total amount of the bonded or other indebtedness of the Fire District as the assessed valuation, according to the last preceeding assessment roll, of the territory so excluded and incorporated in to the Village bears to the assessed valuation, according to the last preceeding Town assessment roll, of the entire territory of such dLstrict before exclusion of such part. We shall point out that the Town is authorized by Section 182 of the Town Law to adopt such resolution. However, it is to be noted that a problem exists as to the assumption, by the Village, of a portion of the pre—existing indebted— ness of the Fire District. The assumption of the portion of the debt does not relieve the Fire District from its obligation to pay the total amount of the' bonded indebtedness. Therefore, both the Village and the Fire District must set forth their respective obligation on their debt statements. I have conversed with both counsel to the Fire District and the Village of Wappingers Falls and they do not appear to be concerned about this problem. It sould be made clear, however, that the resolution adopted by the Town Board ex— cluding this territory is made with cognizance of the existing situation and without liability on its part for any ctLs.pute which may ar1se at a future date over this situation. For that reason, this letter should be placed in the min— utes of the Town Board and made part of the record. Very truly yours, - (signed) Harold H. Reilly The following resolutions, which had been presented to the Town Board at their April 4th meeting, were offered for adoption by Mr. Francese: WHEREAS, a petition has been duly presented to this Board, signed by resident taxpayers and the owners of real property aggregating at least one—half q) of the assessed valuation of all the taxable real property owned by resident taxpayers of that portion of the New Hackensack Fire District incorporated into the Village of Wappingers Falis, Town of Wappinger, Dutchess County, New York, on or about October 7, 1958, and WHEREAS, said petitioners as resident taxpayers, pursuant to Section 182 of the Town Law, request that this board change the boundaries of the New Hackensack Fire District by the exclusion therefrom of certain territory annexed to the Village of Wappingers Falis above referred to and described as appears in the annexed Sched— ule "A", attached hereto and made a part hereof, and WHEREAS, said petition appears in all respects to be proper and meets all the 5 6 4 :r requirements of law, now therefore BE IT RESOLVED that the real property hereinafter described, in the annexed Schedule "A" be and hereby is excluded from the New Hackensack Fire District, and BE IT FURTHER RESOLVED that each and every fire company in the New Hackensack Fire District is hereby released and relieved of all responsibilities, charges and duties for the territory herein described, and BE IT FURTHER RESOLVED that the Village of Wappingers Falls, shall pursuant to law assume such portion of the total amount of the bonded or other indebted— ness ndebtedness of such district as the assessed valuation, according to the last preceding Town assessment roll, of the territory so excluded, and incorporated in such Village bears to the assessed valuation, according to the last preceding Town' assessment roll, of the entire territory of such district before exclusion of ,such part, shall, pursuant to law, be assumed by the Village of Wappingers Falls. Seconded by Mr. Clausen. - Ro l l -Ca l I Vote: Mr. Fu l ton --Aye Mr. Francese—Aye Mr. Clausen --Aye Mr. Diehl ----Aye Mr. Bulger --Abstain WHEREAS, a petition has been duly presented to this Board, signed by Arnold Cecchinl and Vickie Cecchini, the only resident taxpayers within the territory described in said petition, and WHEREAS, the petitioners, as resident taxpayers,• within the territory the subject of their petition, own taxable real property aggregating at least one-- half (i) of the assessed valuation of all the taxable real property owned by resident taxpayers in said territory, as defined by Section 182 of the Town law, and WHEREAS, said petitioners have requested that this board change the bound— aries of the New Hackensack Fire District by the exclusion therefrom of certain territory annexed to the Village of Wappingers Falls June 12, 1964, also describ— ed in said petition and annexed hereto, and WHEREAS, it appears from said petition that said petitioners have complied with all the provisions of law required and that said application is proper and meets all requirements of law, now therefore, BE IT RESOLVED that the real property hereinafter described, be and it hereby is excluded from the New Hackensack Fire District, and BE IT FURTHER RESOLVED that each and every fire company operating within the limits of the New Hackensack Fire District, as presently constituted, are hereby released and relieved of all responsibilities, charges and duties con— cerning the territory herein described, and BE IT FURTHER RESOLVED that the Village of Wappingers Falls shall, pursuant 565 Schedule "A" (Liss Road Area) ALL that certain piece or parcel of land situate, lying and being in the Town of Wappinger, Village of Wappingers Falls, County of Dutchess and State of New York, bounded and described as follows: BEGINNING at a point, said point being the intersection of the westerly line of New York State highway Route #9 with the easterly corporate line of the Village of Wappingers Falls as the same existed prior to October 7, 1958, thence running northerly along the said westerly line of Route 9 the following courses and distances: N 04 degrees 14 E 120.0' plus, thence N 04 degrees 17" E 1, 043.7' plus, thence N 13 degrees 16' E 291.0' plus, thence N 21 degrees ll' E 1, 120.0' plus, thence N 12 degrees 32' E 312.8' plus to a point, said point being the intersection of the said westerly line of Route #9 with the souther- ly line of the Wappinger Lake; thence westerly along said southerly line of the Wappinger Lake 1,500' plus to a point, said point being the intersection of the southerly line of the Wappinger Lake with the easterly corporate line of the Village of Wappingers Falls as the same existed prior to October 7, 1958; thence southeasterly along said easterly corporate Zine of the Village of Wappingers Falls as the same existed prior to October 7, 1958, S 20 degrees 45' E 2,260.0' plus to the point or place of beginning. Schedule "B" (Imperial Plaza Area) ALL that certain piece or parcel of land situate, lying and being in the Town of Wappinger, Village of Wappingers Falls, County of Dutchess and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly boundary of the Village of Wappingers Falls crosses the Easterly line of New Hackensack Road the following: North 45- 33-50 East 34.54 feet; North 44-39-20 East 205.50 feet; North 54-04-20 East 175.60 feet; North 85-17-20 East 17.44 feet and North 54-06-20 East 138.13 feet; thence leaving said line and running along lands of Messerich, Pike and Olssen the foll- owing: South 51-31-00 East 223.34 feet, South 16-29-20 East 953.80 feet, South 12-38-40 East 18.75 feet, South 5-49-20 West 112.20 feet, South 7-09-00 West 184.18 feet, South 6-45-00 West 631.58 feet, North 73-41-00 East 917.09 feet, South 16-09-00 East 679.25 feet, South 16-35-40 East 515.82 feet, South 59-07-30 West 188.38 feet, South 53-14-10 West 108.36 feet and South 1-26-30 West 1012.22 feet to the Northerly line of Myers Corners Road; thence along said line the following: North 82-46-00 West 125.00 feet, North 67-09-00 West 150.50 feet, North 62-35-00 West 156.00 feet., North 61-46-30 West 11.88 feet, North 69-33-00 West 143.00 feet, North 81-25-00 West 75.10 feet, South 88-51-00 West 166.30 feet, South 69-52-00 West 75.00 feet and South 62-33-00 West 51.00; thence leaving said line and running along lands of R.J. Marshall the following: North 12-55-30 West 233.07 feet, North 15-33-00 West 403.33 feet, North 13-15-40 West 489.60 feet and North 55-19-10 West 904.34 feet to a point on said Village of Wappingers Falls boundary; thence along said line the following: North 53-49-30 East 1275.75 feet and North 35-30-30 West 1465.76 feet to the point of beginning. Excepting and reserving from the above described parcel so much thereof as is situated in the Hughsonville Fire District. 56 or to law assume such portion of the total amount of the Bonded or other indebtedness of such district as the assessed valuation, according to the last preceding Town assessment roll, of the territory so excluded and bears to the assessed valuation, according to the incorporated in such Village last preceding Town assessment roll, of the entire territory of such district before exclusion of such part. Seconded by Mr. Clausen. Roll CaII Vote: Mr. Mr. Mr. Mr. A request was Fulton ---Aye Francese—Aye Clausen --Aye Diehl Aye received from Verner Advanced Assessment Administration Mr. Bulger --Abstain Christensen, Assessor, to attend a seminar on at Cornell July I7th, to 22nd. Mr. 'Bulger moved that any member of the Board of Assessors, who so granted permission to attend the seminar on N.Y., July 17th to 22nd and authorize Unanimously Carried. Appointment of Citizens Committees assessing their expenses. There are two committees under consideration, one Program, and the second on the proposed Local Law The following committees were . recce — -nded Mr. Clausen recommended: Mr. Francese Mr. Bulger (granted extension) Mr. Diehl recommended Mr. Fulton 1 " formed: Road Committee Ralph Scalzo John C. Parsons Michael Delehanty Charles Cortellino for #2, chooses, is at Cornell University, Ithaca Seconded by Mr. Francese, study of the Eleven year Road on water systems. Local Law Committee Vincent Brancato Harold Myers Thomas Armstrong Joseph A. Fries Walter Evans Mr. Clausen made a suggestion on appointing a temporary chairman for each committee to get the meetings started. Mr. Bulger hesitated on this recommendation, pointing out possible connotations. Mr. Diehl felt the point was well taken and in turn, suggested Mr. Clausen be appointed temporary chairman of the Local Law committee, and Mr. Francese temporary chairman of the Road Committee to start the original meeting, then withdraw from it. This was received favorably by the Board. Mr. Clausen and Mr. Francese both accepted the obligation for getting these committees under way. Mr. Bulger — on behalf of the Lighting Committee — presented to the Board a sketch and proposed papers for the installation of sox street lights and the removal of one for Tall Trees development, in the Hughsonville Lighting District. Mr. Bulger moved that the Supervisor be authorized, on behalf of the Hughsonville Lighting Distrrict, to'sign the Central Hudson Lighting 'Authority order: Seconded by Mr. Francese, Unanimously Carried. Mr. Diehl made a motion to adjourn, seconded by Mr. Clausen and Unanimously Carried. The Meeting adjourned at 9:54 P.M. Elaine H. Snowden Town ;,Clerk