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