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2001-02-26 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER FEBRUARY 26, 2001 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL, PLEDGE ALLEGIANCE TO FLAG - J 3. REPORTS OF OFFICERS: Sup/Compt, , Bldg. Insp., Zng. Adm., Justice Court, Receiver of Taxes, Assessors Monthly Report 4. Accept Minutes: December 26, 2000, Town Board Meeting, January 3, 2001, Reorganizational Meeting, January 8, 2001, Workshop Meeting, January 22, 2001, Town Board Meeting 5. PETITIONS & COMMUNICATIONS a. Ken Brown, Re: Illegal Defensive Driving Signs. b. R. Holt Rec. Chairman request P.O's (1) Paul Venier Family Show $800 (2) Dorraine Scofield Summer Concert (Thunder Ridge) $1,100 (3) P.O. for Water Cooler. (4) P.O for Porta Johns for all Recreation areas for 2001 season. c. Request for return of Escrow from (1) Morgan Homes Lot #7 New Hackensack Road overpayment Building Permit $600 (2) Ultra Craft Kent Road Under Ground Electric $2,500 (3) Ultra Craft Roberts Road Under Ground Electric $2,500. d. Jay Paggi, Engineer to Town reports: (1) Proposed cost water main Anvil Court 2/15/01 (2) Guide Rail DiPalma/Robinson Lane 1/31/01 (3) McCarthy Driveway/Cedar Hill Road 1/19/01. (4) Chelsea Water Hook Up 2.20/01 e. Steve Domber re: Meadowood status. f. Linda Tasadfoy Assessor re: Maintenance Aid grant g. Steve Saland, Senator, re: Garden homes Woodlands Company v Town of Dover h. D. C. Community Development Block Grant Award Notification $20,000 for Martz Field Handicapped Restrooms project i. Application for a change of Zone from Walter Thalman j. Application for a change of Zone from Herbert Redl k. Request from Leo Lowney for use of 3 Vote Machines for Village Elections 3/20/01. 1. Geoscience Corp. re: Post Closure gas monitoring & maintenance report Castle Point Landfill m. Geoscience Corp. re: Groundwater monitoring report Castle Point Landfill n. Joe Ennesser re: joining County's Greenway Compact .o. CAMO Pollution Control re: (1) Joseph Olszewski 45vMoccasin View Road Water Hook Up. (2) 5 Edgehill Drive Sewer Hook Up 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zoning Administrators Report 8. RESOLUTIONS a. Consider Bids for road aggregates, oil etc. and Spring Clean up. b. Award Tri -Muni Bids 1,3,4 defer 2 unit Audit and Control c. Set Public Hearing for Wappinger Sewer Transmission/Treatment Improvement Area/Phase 3A 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: EXECUTIVE SESSION FOLLOWING MEETING, PERSONNEL 02/26/2001.RGM The Regular Town Board Meeting of the Town of Wappinger was held on February 26, 2001 at the town hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the meeting at 7:30 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman (arrived at 7:40 p.m.) Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag. MINUTES The Minutes of the Town Board Meeting of 12/26/00, Re organizational Meeting of 1/03/01 Workshop Meeting of 1/08/2001 and Town Board Meeting of 1/22/2001, having previously been forwarded to the Board Members, was now placed before them for their consideration. COUNCILMAN VALDATI moved that the above stated Minutes as presented by the Town Clerk be and they are hereby approved. Seconded by Mr. Bettina Motion Unanimously Carried PETITIONS & COMMUNICATIONS Discussion with Ken Brown regarding illegal Defensive Driving signs will be discussed later on the agenda. First are several requests from Recreation Chairman, Ralph Holt. The Recreation Commission request permission to obtain P.O.'s for the following performances: Vendor Show Amount Paul Venier Family Show at R.C. Ketcham 3/30/01 $ 800.00 Dorraine Scofield Summer Concert (Thunder Ridge) 7/05/01 $1,100.00 These funds will come from Recreation account A-7140.4, Concerts and Special Events. COUNCILMAN PAOLONI moved to authorize a P.O. in the amount of $800 payable to Paul Venier for the Family Show at R.C. Ketcham 3/30/01 and a P.O. in the amount of $1,100 payable to Dorraine Scoffield for the Summer Concert (Thunder Ridge) 7/05/01. Seconded by Mr. Bettina Motion Unanimously Carried 1 02/26/2001.RGM Mr. Holt is also requesting approval for a water cooler to be provided at the Schlathaus Park. Many steps have been taken to make the water at the park drinkable, all to no avail. There is enough activity on a daily basis to warrant such coverage. The water refills for the barn which are presently being picked up at the Town Hall could be diverted to Schlathaus, making the water supply situation more efficient. - COUNCILMAN PAOLONI moved to approve a water cooler be provided at Schlathaus Park. Seconded by Mr. Bettina Motion Unanimously Carried The Recreation Commission would like permission to obtain P.O.'s payable to Superior Sanitation, Inc., for the following porta john rentals for the year 2001. Robinson Lane $690.00 Airport Park $1,560.00 Rockingham Park $1,200.00 Boat Ramp $375.00 Castle Point $375.00 Schlathaus $480.00 Quiet Acres $150.00 Hughsonville Area Playground $150.00 The following are the quotes received for 2001. Regular Unit Handicap Unit EnviroClean Porta Potty $69.00 $175.00 M. & O. $75.00 $125.00 Superior Sanitation, Inc. $75.00 $120.00 Jones Sanitation No Reply COUNCILMAN VALDATI moved to approve the above P.O.' payable to Superior Sanitation for porta johns rentals for the various playgrounds and parks as requested by Mr. Holt. Seconded by Mr. Paoloni Motion Unanimously Carried Next are several requests for the return of escrow. The first is a request from Morgan Homes, Inc., Lot #7 New Hackensack Road $600 for an overpayment. COUNCILMAN PAOLONI moved to authorize the return of escrow in the amount of $600 payable to Morgan Homes, Inc., Lot #7 New Hackensack Road, based on the recommendation of the Deputy Building Inspector, Sal Morello. Seconded by Mr. Bettina Motion Unanimously Carried A request for the return of escrow from Ultra -Craft, Lot #3 Kent Road $2,500. 2 02/26/2001.RGM COUNCILMAN BETTINA moved to authorize the return of escrow in the amount of $2,500 for underground electric, payable to Ultra -Craft, Lot #3 Kent Road, based on the recommendation of the Planning Board. Seconded by Mr. Valdati Motion Unanimously Carried A request for the return of escrow in the amount of $2,500 from Ultra -Craft, Kent Road Lot #2 for under ground electric. COUNCILMAN BETTINA moved to authorize the return of escrow in the amount of $2,500 for underground electric, payable to Ultra -Craft, Lot #2 Kent Road, based on the recommendation of the Planning Board. Seconded by Mr. Valdati Motion Unanimously Carried Next are several reports from Jay Paggi, Engineer to the Town. At the last town board meeting, Mr. Paggi was authorized to amortize the necessary funds to construct a water line on Anvil Court. The total cost was $54K. The first alternate would be to borrow from the B Fund for one year and pay back in one year from an O & M budget. The cost would be around $29.00 per quarter for a total of $117 for that year. The second alternate would be to have the district to take out a BAN paid back over five years, with some additional costs, re: Bonding Attorneys, Engineer Reports Public Hearings, Interest, and Financial Consultant. The five year payments would range from $29.40 the first year to $24.68 the fifth year. A Public information meeting would have to be held before any decision is made. COUNCILMAN PAOLONI moved to set a public informational meeting first. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize Supervisor to send out notices to residents. Seconded by Mr. Paoloni Motion Unanimously Carried Next is the DiPalma/Robinson Lane guiderail. At the January Town Board meeting Mr. Paggi presented his report on the request from Mr. DiPalma to have a guiderail installed. Mr. DiPalma explained his situation and allowed me to explain the results of our research. During the course of discussion, Mr. DiPalma stated he was again putting the Town on notice if an accident occurred in that area that they would take whatever action necessary. Because of this, Mr. Paggi would like to reiterate the results of all our research, which indicated that the use of a guiderail for the protection of pedestrians and/or houses is not warranted in this area. Keep in mind that we acknowledge the fact that there are horizontal deficiencies in the roadway 3 02/26/2001.RGM that affect cars that travel in excess of 35 mph. However, we find that the installation of a guiderail is not an appropriate corrective measures. Mr. Paggi recommends that the town turn over the initial correspondence, the initial report and this letter to Marshall & Sterling, and ask them for any comments or recommendations. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Mr. Paggi was authorized to prepare a survey of the McCarthy Driveway on Cedar Hill Road and designed driveway modifications to the McCarthy property that will allow for a more gentle access to their property. Mr. Paggi had previously submitted a sketch to the Engineer that Ms. McCarthy has retained, and they had approved his drawings subject to some minor modifications. Mr. Paggi has altered his sketch to include these minor modifications and is now submitting the same to Graham Foster, Highway Superintendent. Discussion followed. COUNCILMAN VALDATI moved to authorize Al Roberts, Attorney to the Town to obtain the necessary easements. Seconded by Mr. Bettina Motion Unanimously Carried The last report concerns the Chelsea Water hookup. Mr. Paggi was authorized to prepare a desktop study looking into the feasibility of supplying municipal water to the hamlet of Chelsea and the surrounding area. The study was based on the assumption that the Chelsea Ridge Apartment Complex would hook into a municipal water system either from the Village of Fishkill or the Town of Fishkill. Mr. Paggi had a number of discussions with the Engineer for the owner of Chelsea Ridge Apartment Complex. It has become obvious that another alternative may wish to be considered. Discussion followed. COUNCILMAN BETTINA moved to take to the March 12th Workshop. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Michael Domber requesting some direction on the status of his agreement with the Town of Wappinger regarding the establishment of a Meadowood water district to service his 35-45 lots in exchange for approximately 20 acres of land and the developed well fields. When he left the meeting of January 8th, he was under the impression that Al Roberts was authorized to draft an agreement and would get started setting up the district to service his 14 lots in phase I which would be serviced by 02/26/2001.RGM existing capacity. At the meeting, Mr. Domber was asked if he would contribute to the cost of filtration, estimated at $500,000 - $1,000,000. He indicated that he was unwilling to contribute since he was already donating the land along with developed wells for which he already spent approximately $100,000 on drilling and testing. Additionally, he would only be utilizing a small amount of the water. These wells will yield approximately 250,000 gallons per day of additional water which is capable of servicing 700-800 homes. Mr. Domber is only requesting to service 35-45 homes. In any event, all of the users will be paying their proportionate share through their water bill. Mr. Domber has always acted in good faith and was always clear that his cooperation in developing the wells and dedicating the land to the Town was based on the Town reciprocating by expediting the approval of the water district to service his 14 lots in Phase I. Mr. Domber is requesting the Town Board to authorize Al Roberts, Attorney to the Town to set up the water district and seek approval for a water supply permit as soon as possible. He wishes to resolve the issue of any contribution on his part to offset the cost of filtration. Mr. Ruggiero explained that many questions had arisen due to the report that was received from Engineer to the Town, Jay Paggi regarding filtration. There was some discussion with Mr. Paggi and Mr. Roberts after the meeting whether or not you should be asked to buy into some of the filtration as prorated for your 45 homes. Further discussion revealed, if we were to prorate the cost of doing the filtration and ask you to chip in, the volume would be such a miniscule amount, it would not put a dent in any cost saving filtration. Mr. Paggi stated that the condition to accepting the wells would be to provide water to Phase I of the subdivision, which is 14 parcels. That would occur immediately. Then the improvements would be done. After the completion of the improvements (99-2R) then Mr. Domber could pursue Phase II of his subdivision. Discussion followed. COUNCILMAN BETTINA moved to authorize Al Roberts, Attorney to the Town to prepare the draft agreement for the next workshop. Seconded by Mr. Paoloni Motion Unanimously Carried Another matter Mr. Domber wished to discuss is the property on Mrs. Whites corner where the well fields sit. There is a five lot subdivision there that was approved several months ago. Mr. Domber has not been able to file the map, because one of the notes on the map called for the dedication of the land to the town where the well fields sat. He had explained to the Planning Board that he did not wish to turn over any land until he had an agreement with the Town. Mr. Roberts informed Mr. Domber, that in view of what has been authorized here tonight, he can change the note on the map. 5 02/26/2001.RGM COUNCILMAN BETTINA moved to authorize the Supervisor to send a letter to the Planning Board stating that the Town Board has agreed with Mr. Domber in concept, to the terms of acceptance of the wells and the creation of the district. Seconded by Mr. Paoloni Motion Unanimously Carried Kenneth Brown, President of Browns Auto Driving School in regard to illegal Defensive Driving signs posted throughout the town. Mr. Brown feels the signs distract the drivers from operating their motor vehicle safely, therefore creating a potential hazardous situation. Zoning Administrator Tatiana Lukianoff informed the board that Mr. Brown did come into to see her on this matter. She proceeded to call the number on the sign several times, and there was no call back. She saw brochures in one of the local stores in East Fishkill. With the phone number, it also gave a mailing address. She sent a letter in December, indicating that this is not something that should be done. They were basically using the Central Hudson Utility poles, which is not permitted. She also spoke to Mr. Foster, and some of his men were instrumental in removing the signs as was directed by Central Hudson. Many of the signs were very difficult for Ms. Lukianoff to remove because they were very stiff, and nailed. She did notice that many of the signs started to disappear. She recently noticed that many of the signs were placed on trees. In the majority of instances the trees were on private property. She put in a call to the DOT and spoke to Mr. Burns, to determine the Right of Way, and the only way to determine the ROW would be to survey the property. When checking how close the signs were to the road, they were never any closer than 10 feet. The ordinance for the Town of Wappinger is very restricted and periodically Ms. Lukianoff receives complaints about signs. There are generally two types of complaints. Visual impact and a competitor. In zoning you must give a semblance of fairness and everything must be enforced at the same time. She found many signs that were not permitted. No Trespassing, Keep Out, Protected by Hammond Security, or ADT Security. These signs are not permitted. There is a State Troopers Exam Sign on Myers Corners Road, recruiting signs for Fire Houses, Stop the Dredging, etc. In terms of enforcement, it must be across the board, and if one is cited, then the town must cite all, or go for a variance, or allow such signs to have permits which would give the Town some control and also produce revenue. It is up to the Town. Discussion followed. COUNCILMAN BETTINA moved to take to a workshop with Town Planner in attendance. Seconded by Mr. Valdati L 02/26/2001.RGM Motion Unanimously Carried Correspondence from Assessor, Linda Tasadfoy informing the board that the Town of Wappinger has been granted our Maintenance Aid money in the amount of $18,820. Ms. Tasadfoy registered a complaint back in September, challenging 42 of 267 sales used by the State for the (COD) coefficient of dispersion, this decides whether or not we are eligible for Maintenance Aid. Before she challenged the (COD) they calculated us at 18%. The state did agree with her and threw out 38 of these sales, and changed the assessment on 1 parcel. These changes reduced our spread and brought the (COD) number down to 12%. This allowed us to receive our Maintenance Aid Moneys of ($18,820) from the State. Ms. Tasadfoy is going to write a letter to Richard J. Harris, Director of Regional Customer Service for the opportunity to challenge the (COD) rate. COUNCILMAN RUGGIERO moved to accept the correspondence and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried A request from Assessor Linda Tasadfoy to hire a part time person to transfer information from the current maps to the new maps along with the owners of record and the new 911 addresses. This task should take a part time person around 9 months to a year. She would like to use some of the maintenance aid funds that was received to pay for this position. Discussion followed. COUNCILMAN RUGGIERO moved to take request for part time data collector to a Workshop. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from Senator Steve Saland thanking the Supervisor for her letter regarding the State Court of Appeals ruling of Garden Homes Woodlands Company v Town of Dover. This decision will undoubtedly have an impact upon local governments. COUNCILMAN RUGGIERO moved to accept the correspondence and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried Notification from the Dutchess Community Development Council that they have completed its funding process for the 2001 Community Development Block Grant program year. The Town of Wappinger has been awarded $20,000 for the Martz Field Handicapped Restrooms project for the year 2001. 7 02/26/2001.RGM COUNCILMAN RUGGIERO moved to accept the notification and place it on file. Seconded by Mrs. Smith Motion Unanimously Carried COUNCILMAN RUGGIERO suggested we opt out of the County Community Development Council and going into the State Pool with wealthier towns as a potential of receiving more grant money. We always seem to receive modest grants, where as some communities receive half a million to three quarter of a million to do water and sewer projects. We have always been told that the Town of Wappinger is very affluent. If we are compared with Scarsdale or some other community we may do better. SUPERVISOR SMITH explained that we have the opportunity to opt out every three years. The County has to have a certain percentage of the municipalities in the County in order for them to administer. For what we receive, and the paperwork that it involved, its frustrating to see that other municipalities who are here and put in for sewer and water, and we put in for the same project, we received nothing and they received more, because they happen to have people sitting on the board. Next year, when this comes up, Supervisor Smith would like all the board members think about this. She will have some one to come in to explain the State Pool vs the County Pool. Next are several requests for a change of zone. The first is an application from Walter Thalman of 1005 U.S. Route 9, Wappingers Falls, which is presently Highway Design, and he wishes to rezone the property to Highway Business. The property is presently used for truck sales a repair shop and warehouse. John Degnan explained that he representing Mr. Thalman tonight, and is presently renting the facility and wishes to purchase it, and he cannot get a loan unless its zoned for the usage. Discussion followed. COUNCILMAN RUGGIERO moved to refer this application to the Town Planning Board, Town Planner and County Planner for their comments and recommendations, and authorize Al Roberts, Attorney to the Town to reissue his comments and memos from 1994 to the Town Board. Seconded by Mr. Bettina Motion Unanimously Carried An Application for change of zone was also received from Herb Redl, 1111- 1141, 1153, 1155,1163 Route 9, Wappingers Falls. Mr. Redl wishes to expand Guardian Self Storage and the ability for the vacant land to be more useful. When the property was originally purchased, and the Guardian Self -Storage was built, it was zoned Highway Business. Some time after building the self storage units, it was rezoned to Highway Office. It has prevented Mr. Redl from adding on an addition to Guardian Self Storage. Discussion followed 02/26/2001.RGM COUNCILMAN RUGGIERO moved to refer this application to the Town Planning Board, Town Planner and County Planner for their comments and recommendations, and authorize Al Roberts, Attorney to the Town to reissue his comments and memos from 1994 to the Town Board. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN RUGGIERO moved that the Town Board consider at a workshop, the drafting of a Local Law to amend the Zoning Law to consider rezoning GALS property from commercial to residential in order to add another buffer zone to that area that's existing. Seconded by Mr. Paoloni Motion Unanimously Carried A request from Leo Lowney, Village Clerk, for the use of three (3) voting machines for the upcoming Village Election to be held on March 20, 2001. COUNCILMAN VALDATI moved to authorize the use of three (3) voting machines for the upcoming Village Election as requested by Mr. Lowney, Village Clerk. Seconded by Mr. Bettina Motion Unanimously Carried Notification from the Dutchess County Board of Election that the following have been appointed custodians of voting machines for the year commencing January 15, 2001 and ending January 14, 2002. REPUBLICAN CUSTODIANS ---Nicholas Johnson and Vincent S. Francese. DEMOCRATIC CUSTODIANS ---Joseph DeAngelo and William Keane. COUNCILMAN VALDATI moved to accept the notification and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Notification from Geoscience Corporation that they have completed the 4th quarter report on the landfill gas monitoring at the Castle Point Landfill in accordance with the April 2000 Post Closure Monitoring and Maintenance Program. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Notification from Geoscience Corporation that they have completed groundwater monitoring for the fourth quarter of 2000 in accordance with the 1999 Post -Closure Monitoring & maintenance Manual for the Castle Point Landfill. COUNCILMAN VALDATI moved to accept the report and place it on file. 02/26/2001.RGM Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Joe Ennesser Chairman of the Wappinger Greenway Committee. Mr. Ennesser recently attend a meeting of the Greenway and learned that the town has not to date formally joined the count's Greenway Compact. He is requesting the town to give some serious consideration in joining this compact. Mr. Ennesser also enclosed a copy of an outline Fishkill is in the process of adopting as their local law incorporating the request for planning considerations for future development. Discussion followed regarding "home rule" concerns. COUNCILMAN RUGGIERO moved to table to a workshop, and authorize Attorney to the Town Al Roberts to research the law regarding Greenway Compact and the implications to the Town of Wappinger Seconded by Mrs. Smith Motion Unanimously Carried Correspondence from Mike Tremper of CAMO Pollution Control in regard to requests from several residents to hook into water & sewer. Joseph Olszewski of 45 Moccasin Road has requested to hook into Town Water. Mr. Tremper foresees no operational problems which could arise within the Watch Hill Water District as the result of hooking this home up to Town water. He strongly recommends that Mr. Olszewski retain an engineer to draw up a plan prior to beginning the work. This plan should show the size of the water line, the curb valve location, and the route the water line would take, ensuring that there are right of ways alone the entire length of the water line. Mr. & Mrs. Bell of 3 Edgehill Drive have requested to hook into Town Sewer, and Mr. Tremper foresees no operational problems in this area which would result in the denial of this sewer hookup. The only concern is that, during times of high flows in the past, the sewer line which crosses from the end of Vorndran Drive into the Rockingham pump station has become surcharged. The flow from this home will be insignificant relative to this problem. In his letter of February 20th, Jay Paggi, Engineer to the Town recommends that tenancy agreements be drafted for both properties spelling out the requirements and engineering plans be drafted for each on showing how the hookup would be make. COUNCILMAN VALDATI moved to approve the above requests to hook into town water and town sewer, and authorize the Town Clerk to send letters to the residents explaining the requirements of tenancy agreement. Seconded by Mr. Paoloni. Motion Unanimously Carried 10 02/26/2001.RGM Graham Foster, Highway Superintendent informed the board that the residents would be subject to road opening permits when the weather permits. COMMITTEE REPORTS COUNCILMAN PAOLONI had no reports at this time. COUNCILMAN RUGGIERO on Highway Negotiations. They have not heard back from the union as far as he is aware. If we signed off on the letter of understanding back in December we have not heard back from the union. Mr. Foster, Highway Superintendent reported that contracts were in place. Supervisor Smith said we ratified and signed it. Attorney, Al Roberts informed him that the memorandum is in place and the comptroller has reviewed the schedule. Mr. Ruggiero said that the full board is supposed to ratify the contract. Mr. Roberts explained that there are still two paragraphs that have not been worked out, and its in the works. COUNCILMAN RUGGIERO on Personnel. The committee is still waiting for the final draft. Supervisor Smith informed him that it is all finished except the numbering of the pages. Also the Burn Ordinance looks very good and will send that to the Board for their consideration. COUNCILMAN VALDATI had no reports at this time. COUNCILMAN BETTINA had no reports at this time. SUPERVISOR SMITH informed the Board that Anthony has received estimates to have the floors in the town hall stripped sealed and waxed. They have not been done in 15 years, and should be done now. Noble Cleaning came in with a bid of $3,500. Ken Davey came in with a bid o $4,000. At Your Service Total Clean came in with a bid of $4,804.80. COUNCILMAN BETTINA moved to award the bid to have the floors in the town hall stripped, sealed and waxed to Noble Cleaning for $3,500 as low bidder. Seconded by Mr. Valdati Motion Unanimously Carried BONDS & LETTERS OF CREDIT Tatiana Lukianoff, Zoning Administrator, submitted a report for the month of January on the schedule of Bonds and Letter of Credit on the various subdivisions, the amounts, expiration dates and call up dates. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried 11 02/26/2001.RGM RESOLUTIONS Upon the recommendation of Graham Foster, Superintendent of Highways, the Wappinger Bid Report for 2001 was presented to the Town Board for their consideration. GASOLINE Per Gallon, Unleaded Plus 89 Octane RFG AGWAY BOTTINI WILSON STORMVILLE +.0426 +.089 ------ --- The Superintendent recommends the bid for Fuel Oil and Diesel be awarded to Agway Energy Products. FUEL OIL AGWAY BOTTINI WILSON STORMVILLE 175.00 203.50 Per Gallon #2 +.080 +.089 +.0959 +.180 Diesel Fuel +.070 +.089 +.0959 +.180 The Superintendent recommends the bid for Fuel Oil and Diesel Fuel be awarded to Agway Energy Products. COUNCILMAN PAOLONI moved to award the Bids to the low bidders, as recommended by the Highway Superintendent Graham Foster. Seconded by Mr. Valdati (Prices above is based on and will fluctuate with the Journal of Commerce New York Harbor Reseller Tank Car Average posted on the day of delivery) CATCH BASINS, GRATES, FRAMES, MANHOLE RISERS BASINS E.S.P. CHEMUNG 24 x 24 x 24 154.90 203.50 24x 24 x 36 175.00 203.50 30 x 48 x 24 239.00 291.50 30 x 48 x 30 239.00 291.50 MANHOLE LIDS E.S.P. CHEMUNG 2" x 24 60.00 2 x 25 70.00 2 x 26 70.00 WATER RISERS 6 x 1 2.75 6 x 2 4.00 6 x 3 6.00 7 Y2 x 1 4.95 14.94 12 7 V2 x 2 8.50 7 Y2 x 3 10.95 GRATES & FRAMES 24 x 24 77.00 30 x 48 197.00 30 x 30 105.50 CATCH BASIN RISERS (2" Rise) Y2" A-36 MAT'L 02/26/2001.RGM 19.54 22.94 115.50 269.50 159.50 UP TO 550 sq. in. 102.00 123.75 551-625 sq. in. 109.00 129.38 626-73- sq. in. 136.00 125.49 731-1133 sq. in. 139.00 143.94 Over 1134 sq. in. 159.00 172.08 MANHOLE RISERS E.S.P. CHEMUNG 2" x 24" 40.00 79.87 2" x 25 3/8 45.00 81.99 2" x 25 3/ 49.00 81.99 The Superintendent recommends the bid for Catch Basins, Grates, Frames and Manhole Risers to ESP -except 626-730 sq. ft. catch basin risers is bid to Chemung. COUNCILMAN VALDATI moved to award the Bids to the low bidders, as recommended by the Highway Superintendent Graham Foster. SIGN POSTS SIGN POSTS HILLMAN CHEMUNG 8'U Channel Post 21b. 4.99 TU Channel Starter 2 lb. 2.64 U Channel Post Caps 4.25 4.04 Extruded Cross PL 4.25 4.04 6' Delineators 1.21b. 2.87 The Superintendent recommends the Sign Posts bid be awarded to Chemung. CULVERT PIPE The Superintendent recommends the Culvert Pipe to be purchased from New York State Office General Services bid. BITUMINOUS CONCRETE The Superintendent recommends the Bituminous Concrete be purchased from New York State Office of General Services bid. ROAD AGGREGATES (see attached analysis) 13 02/26/2001.RGM CRUSHED STONE The Superintendent recommends that the bid for crushed Stone be awarded to Clove Excavators. RUN OF BANK GRAVEL The Superintendent recommends that the bid for Run of Bank Gravel be awarded to Clove Excavators. WASHED GRAVEL The Superintendent recommends that the bid for Washed Gravel be awarded to Clove Excavators. SNOWACE AGGREGATE The Superintendent recommends that the bid for Snow/Ice Aggregates be awarded to Clove Excavators. ROAD STRIPING The Superintendent recommends that the bid for Road Striping be awarded to Atlantic Pavement Marking, Inc., at $208 per mile. COUNCILMAN VALDATI moved to award all of the above Bids to the low bidders, as recommended by the Highway Superintendent Graham Foster. 2001 TOWN RECYCLING BULK PICKUP BID METAL The cost per pull was $98.75 for Royal Carting, which included the removal of freon from the refrigerators and air conditioners The cost per pull from Advanced Waste was $98.00, which did not include freon removal. Freon removal was bid at $20.00 refrigerator and $15.00 for air conditioner. The Royal Carting bid would not necessitate keeping the refrigerators and air conditioners separate. In addition, our normal volume of 150 to 200 refrigerators and 250 to 300 air conditioners would more than offset the $.75 difference in the per pull price. The Superintendent recommends we award the Metal Bid to Royal Carting. TTRF,q The Superintendent recommends we award the Bid for Tires to the low bidder Royal Carting. SOFT WASTE Since option two has proven to be our most cost effective method, the Superintendent recommends we stay with option two. The labor Charges for this item total was $128.60 per hour for Advanced Waste and $107.50 for Royal Carting. This difference is $21.10 per hour/truck. At an estimated number of 200 man-hours for two men, two trucks, the total difference would be $4,220.00. 14 mmm�� 02/26/2001.RGM 15 The disposal cost for soft waste was $69.00 per ton for Advanced Waste and $76.50/ton for Royal Carting. This results in a difference of $7.50/ton times an estimated tonnage of 300 ton for a difference of $2,250.00. The savings from Royal Carting for the labor is estimated to be $4,220.00, while the savings for disposal of material from Advanced Waste would result in a savings of $2,250.00. The net savings to the town would be: $4,220.00 Royal Carting labor $2,250.00 Advance Waste disposal $1,970.00 savings by awarding the bid to Royal Carting. The Superintendent, therefore recommends we award the entire Bulk Cleanup Bid to Royal Carting. COUNCILMAN VALDATI moved to award the Bid to Royal Carting as low bidder upon the recommendation of Mr. Foster. Seconded by Mr. Bettina Motion Unanimously Carried Next is to award Bids for the Tri -Municipal Sewer Plant for 1, 3, 4 and defer 2. The following resolution was moved by COUNCILPERSON VALDATI and seconded by Councilperson Paoloni. WHEREAS, the town has heretofore established the Wappinger Sewer Transmission/Treatment Improvement Area -Phase 3A (hereinafter "Improvement") for the purposes of constructing a 375,000 gallon per day expansion of the Tri -Municipal Wastewater Treatment Facility, located in the Town of Poughkeepsie, together with the construction of various sewer lines and appurtenances within the Town of Wappinger to expand sewer service to various properties within the Town; and WHEREAS, the Town has heretofore entered into an agreement dated June 3, 1999, with the Tri -Municipal Sewer Commission (hereinafter referred to as "Commission"), whereby the Commission would construct a 375,000 gallon per day expansion of the Commission's Wastewater Treatment Facility, together with necessary appurtenances. WHEREAS, pursuant to the Agreement dated June 3, 1999, the Commission employed various professionals to undertake the design of the sewer plant expansion and WHEREAS, the Commission's Engineers designed the plant expansion to be completed under four (4) separate contracts, all of which were advertised for bid; and WHEREAS bids were received for the four (4) contracts and the total sum of the four (4) bids exceeded the available funds identified for construction out of the bond authorization proceeds; and 15 02/26/2001.RGM WHEREAS, the Town has already completed a substantial portion of the construction of the sewer trunk lines within the Town; and WHEREAS, the Town has determined that it is absolutely essential that this sewer project be completed as quickly as possible; WHEREAS, by resolution dated January 22, 2001, the Town Board has authorized that appropriate steps be taken to apply for an increase in the authorization of the original approval granted for the Improvement; and WHEREAS, the Town Board has determined it is in the best interests of the residents of the Town of Wappinger to direct the Commission to award three (3) of the four (4) bids so that construction can be completed, with the award of the fourth bid to be deferred until appropriate approvals are given for the increase in authorization. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The recitations above made are hereby adopted and incorporated as if fully set forth herein. 2. The Town hereby authorizes the Commission to award Contract 1 (which provides for modifications to the Village Pump Station and flow regulator and replace all gate valves) to Grant Street Construction at a bid price of $167,700.00. 3. The Town hereby authorizes the Commission to award Contract 3 (which provides for the general construction at the Wastewater Treatment Facility, including one comminutor grit chamber, one clarifier, and various miscellaneous work) to Waltech Construction Corp at a bid price of $1,757,900.00. 4. The Town hereby authorizes the Commission to award Contract 4 (which provides for electrical work at the Village Pump Station and at the Wastewater Treatment Facility) to Tri -Co Electric at a bid price of $144,000.00. 5. The Town Board directs the Commission to defer the award of Contract 2, which called for the construction of 2160 feet of 16" O.D. HDPE sewer force main, 3355 feet of 18" gravity sewer, and 1850 feet of 12" ductile iron or 16" HDPE depressed sewer, together with directional drilling under Wappingers Creek. 6. The Town Board further authorizes and directs the Supervisor of the town, Constance O. Smith, to send a check to the Tri -Municipal Sewer Commission for the sum of $534,330.00 to pay for Phase 3A's "buy -in charges pursuant to the Contract dated June 3, 1999, to direct the Commission to proceed with the award of the above referenced bids, to defer the award of the bid for Contract to and to further request the Commission to request from the low bidder an extension of time within 16 02/26/2001.RGM which it may accept the bid for Contract 2 pending the Town securing the appropriate approvals from the Department of Audit and Control for the increase in authorization for the improvement. 7. The Town Board further directs the Supervisor, Engineer to the Town, and Attorney to the Town to take whatever steps are necessary to implement the provisions of this Resolution. The question of adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows. Constance Smith, Supervisor voting Aye Robert Valdati, Councilman voting Aye Vincent Bettina, Councilman voting Aye Joseph Ruggiero, Councilman voting Aye Joseph Paoloni, Councilman voting Aye The Resolution is hereby duly declared adopted. Next is to set the Public Hearing for the Wappinger Sewer Transmission Treatment Improvement Area/Phase 3A. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mr. Ruggiero. In the matter of the increase in the Maximum estimated cost of Improvements proposed for Town of Wappinger Sewer Transmission/Treatment Improvement Area No. 3A WHEREAS, by proceedings heretofore duly had and taken pursuant to the provisions of Article 12-C of the Town Law, and, particularly, a public interest resolution dated and duly adopted on January 25, 1999, the Town Board of the Town of Wappinger, Dutchess County, New York, has established the Town of Wappinger Sewer Transmission/Treatment Improvement Area No. 3A and has authorized capital improvements therefor at maximum estimated cost of $10,400,000; and WHEREAS, on December 14, 2000 bids for the capital improvements proposed to be constructed for Town of Wappinger Sewer Transmission/Treatment Improvement Area No. 3A were taken and based upon the lowest bids submitted by responsible bidders the maximum estimated cost of such improvements must be increased from $10,400,000 to 10,900,000, an increase of $500,000; and WHEREAS, an amended map plan and report, including an estimate of cost relating to such capital improvements, has been duly prepared by Paggi, Martin & DelBene LLP, competent engineers duly licensed by the State of New York, which have been filed in the Office of the Town Clerk of said Town 17 02/26/2001.RGM where the same are available during regular business hours for examination by any person or persons interested in the subject matter thereof, and WHEREAS, the capital improvements proposed to be constructed for Town of Wappinger Sewer Transmission/Treatment Improvement Area No. 3A have not changed from either those approved in the aforesaid public interest resolution dated January 25, 1999 or from those described in the original map, plan and report dated September 14, 1998 are set forth in the aforesaid amended map, plan and report dated January 30, 2001; and WHEREAS, said amended estimated cost is greater than one-tenth of one per centum of the full valuation of taxable real property in the area of the Town of Wappinger outside of any villages and therefor an application to the Office of the State Comptroller for approval of such maximum estimated cost, as amended, will be required; and WHEREAS, it is proposed that the cost of the aforesaid proposed capital improvements shall be borne by the real property in the town of Wappinger Sewer Transmission/Treatment Improvement Area No. 3A by assessing, levying upon and collecting from the several lots and parcels of land within the Town of Wappinger Sewer Transmission/Treatment Improvement Area No. 3A outside of any village, which the Town Board shall determine and specify to be especially benefited by the capital improvements, an amount sufficient to pay the principal and interest on serial bonds and bond anticipation of the issuance of serial bonds, as the same became due and payable; and WHEREAS, the establishment of the town of Wappinger Sewer Transmission/Treatment Improvement Area No. 3A, and the capital improvements proposed therefor, have been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which, as proposed, the Town Board has determined will not have any significant effects on the environment; and WHEREAS, it is now desired to call a public hearing for the purpose of considering said increase in the maximum estimated cost of the capital improvements proposed in connection with the establishment of the Town of Wappinger Sewer Transmission/Treatment Improvement Area No. 3A, including said amended map, plan and report, and estimate of cost and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q(5) of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess county, New York, as follows: IF:3 02/26/2001.RGM Section 1. A public meeting of the Town Board of the town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York in said Town, on the 261h day of March, 2001, at 7:15 o'clock P.M. Prevailing Time, to consider the increase in the maximum estimated cost of the capital improvements proposed for the Town of Wappinger Sewer Transmission/Treatment Improvement Area N. 3A, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published in the Southern Dutchess Newspaper, and also to post a copy, thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as a aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. The question of adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows. Constance Smith, Supervisor voting Aye Robert Valdati, Councilman voting Aye Vincent Bettina, Councilman voting Aye Joseph Ruggiero, Councilman voting Aye Joseph Paoloni, Councilman voting Aye The Order was thereupon declared adopted. UNFINISHED BUSINESS COUNCILMAN PAOLONI asked Jay Paggi for an update on the DeGarmo Hill Road culvert. Mr. Paggi informed him that the advertisement would be in the newspaper on Wednesday. COUNCILMAN PAOLONI moved to authorize the Town Clerk to send a letter of thanks to Hugo Musto for his dedicated years of service as a member of the Planning Board. Seconded by Mr. Bettina Motion Unanimously Carried SUPERVISOR SMITH announced that Engineer Richard Barger has received preliminary approval for Deanna Estates and is now waiting for approval from the Health Department. Before he can receive the approval he must obtain a letter from the Town stating that water is available to the original lot known as Lot #1 and sewer service is available for Lot #3 . COUNCILMAN BETTINA moved to authorize Supervisor Smith to send a letter to the Health Department stating that water is available to Lot #1 and sewer service is available to Lot #3 in Deanna Estates. 19 02/26/2001.RGM Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN BETTINA moved to memorialize to the County Legislature, that the Town of Wappinger does not support the sales tax for open space. He believes that every town should be responsible to purchase their own piece of open space. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN VALDATI in regard to the lighting at the Toyota dealership on Route 9. The Zoning Administrator explained that this issue is on the Planning Board Agenda. Also the gas station on the corner of Old Hopewell Road and Route 9. There are a number of cars parked there. The Zoning Administrator explained that they are applying for a use variance. Also the Old Rafters on the south side of Route 9. The building is starting to take on the guise of a derelict building. It may qualify as a health hazard. This building looks like it may collapse. Al Roberts, Attorney to the Town explained that this building was inspected within the last two years and found to be sound because this issue came up in front of the Planning Board. Mr. Valdati would like this updated. NEW BUSINESS COUNCILMAN RUGGIERO wishes to set up a committee to act as liaison with the Town Clerk to get on the internet. GRAHAM FOSTER, Highway Superintendent explained that it has become more apparent that we need as close cooperation and coordination between his department with the Building and Zoning Departments. He understands they have a meeting once or twice a month. Mr. Foster wishes to be invited to attend those meetings. At this time 9:35 p.m. COUNCILMAN RUGGIERO moved to go into Executive Session to discuss Personnel. The meeting reconvened at 10:50 p.m. with all board members present.. COUNCILMAN RUGGIERO moved to accept the CSEA agreement pertaining to Art Solberg. Seconded by Mr. Valdati Motion Unanimously Carried The Civil Service position of Building Inspector, having been vacated by reason of resignation of Paul Foody, was now placed before the Board. COUNCILMAN RUGGIERO offered the following Resolution and moved its adoption. 20 02/26/2001.RGM RESOLVED, that Karl Seebruch be and he hereby is appointed provisionally, to the Civil Service position of Building Inspector for the Town of Wappinger and, BE IT FURTHER RESOLVED, that the annual salary for this classified Civil Service position in the Town be and the same hereby is fixed and established at the following annual rate of $34,410 prorated, to be paid every Friday throughout the year. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN BETTINA moved to close the meeting seconded by Mr. Valdati and unanimously carried. The meeting adjourned at 10:50 p.m. Gloria J/. M se Town C 21