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2000-08-14 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER a. Clean Water/Clean Air Bond Act - Resubmittal b. Bond resolution for Purchase of Highway Equipment 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: - 7:00 P.M. DISCUSSION ON CRANBERRY HILLS SUBDIVISION ROADS AUGUST 14, 2000 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. Accept Minutes; June 26, 2000 July 10, 2000 4. Reports of Officers: Sup/Compt Town Justices Rec. of Taxes Bldg. Insp. Zoning Dept. 5. PETITIONS & COMMUNICATIONS a. P. Maupin, Rec. of Taxes re: Electronic Payment of Taxes b. Kevin Jeffreys, North East Computor Services, re: Computor Work- station for Bldg., Ping., & Zng deficit of workstations c. Ralph Nenni re: Drainage and water problems, ketchamtown Rd. d. Linda Tassadfoy, Assessor, requests permission to attend Assessors training session 9/24-9/27 in Rochester, NY e. Ralph Holt, Ch., Rec. Comm. re: (1) Robinson Lane Paving (2) Shelter at Airport Pk. (3) Reese Park Bridge (4) Schlathaus Paving f. J. Paggi, P.E., ENG to Twn: Reports: (1) WS Trans/Treat.Imp. Phase 3A progress Report (2) Joint ciy/Town water Bd. (3) Castle Point Landfill g. Requests for Return of escrow from (1) M. Kablaoui, $927 (2) Gary & Lori Flynn, Rosewood Rd. seeding $1500 (3) Ronald & Dawn Bracchi, Robinson Garden Dr. Driveway $500 (4) Eugene Scalzo, Erin Sue Dr. $3000 -Driveway (5)Gary & Krische Fredericks, Aster Hill -seeding $1,500 (6) Andlyn Associates, Evergreen Est. Driveways for Lots #5, $3000; Lot #9 $2,000;Lot # 10 $1,000;Lot #14, $1,000 h. Bids for Rowell Drive curbing/Drainage Improvement & WW Imp.99-1 i. Graham Foster, H. Supt. Memos: (1) Reclaiming Easements (2) Addendum/additional Paving j. Bids for Emergency Generator System k. Greenway Grant 1. Don. Swartz - Drawings for Senior Center m. Release to Bank for Abigail Lane (Evergreen Est.) $77,400, and Authorize Supervisor to notify Bank of release n. A. Roberts, Attny, re: Disclosure as member of D. co. EDC o. A. Roberts, Attny to Town, re: People vs Niemcyk p. M. Tremper, CAMO, report on Water usage CWW Imp. Area q. Notification from Senator Saland re: Grant r. Request for return of retainage for Nenni for Water interconnect Confirm ionFosik asement Agreement - Rullman 6. -s7. COI�Il�IITTEE REPORTS �`�'`( 020&wS 7. BONDS & LETTERS OF CREDIT Zoning Adm. report 8.. RESOLUTIONS a. Clean Water/Clean Air Bond Act - Resubmittal b. Bond resolution for Purchase of Highway Equipment 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: - 7:00 P.M. DISCUSSION ON CRANBERRY HILLS SUBDIVISION ROADS 08/14/2000.RGM The Regular Town Board/Workshop Meeting of the Town of Wappinger was held on August 14, 2000 at the town hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the meeting at 7:40 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman (Arrived at 7:50 p.m.) Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Charles DelBene, of Paggi, Martin & DelBene Al Roberts Attorney to the Town Absent: Graham Foster, Highway Superintendent Jay Paggi, Engineer to the Town The Supervisor asked all to join in the Pledge of Allegiance to the Flag. MINUTES The Minutes of the Meetings of June 26, 2000 and July 10, 2000, 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. Paoloni Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of June and July were received from the Town Justices, Supervisor/Comptroller, Receiver of Taxes, Building Inspector, Zoning Department and Annual Report for 2000 Assessment Roll. COUNCILMAN VALDATI moved to accept the reports and place them on file. Seconded by Mr. Bettina Motion Unanimously Carried PETITIONS & COMMUNICATIONS Correspondence from P. Maupin, Receiver of Taxes requesting authorization to implement electronic payment of tax bills. There would be no cost to the municipality, however there is a service fee that the user would be charged. Payments would be transferred to our account via a toll free telephone number, or the Internet. If authorization is granted, Ms. Maupin would like permission to open a separate checking account to accept same payments. 1 08/14/2000.RGM COUNCILMAN PAOLONI moved to authorize P. Maupin, Receiver of Taxes to implement the electronic payment of tax bills, and permission granted to open a separate checking account to accept same payments. Seconded by Mr. Valdati Motion Unanimously Carried Communication from Kevin Jeffries, North East Computer Services informing the Town Board that the Building, Planning and Zoning deficit The new additional Departments are working with a of workstations. personnel, now in those departments, do not have the necessary equipment to assist them in performing the duties that their position requires, which in turn places a greater burden of work on the support staff in those departments. Mr. Jeffreys recommends purchasing two (2) workstations in order to resolve this situation. As per Mr. Terwilliger the price for the Dell OptiPlex GX110 Computer New York State Contract number PT55666 is $1,348 per unit. COUNCILMAN VALDATI moved to authorize the purchase of two (2) Dell OptiPlex GX110 Computers NYS Contract number PT55666, for the Building, Planning and Zoning Departments at a cost of $1,348 per unit, upon the recommendation of Mr. Jeffries. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Ralph Nenni in regard to the water and drainage problems he has been experiencing on Ketchamtown Road. The road in front of his home was two and a half feet below the bottom of his house, and through the years the Town has been raising the road and also installed a drain pipe across the road in order to drain rain water from his side to the opposite side of the road. During the winter months when it snows, Mr. Nenni has to keep the pipe free from melting snow so it can run out. During a heavy rain storm, water builds up on the road and causes large puddles to form which splashes on to his home by the passing cars. It was the intention of the former Highway Superintendent to continue the drain pipe up the road past his house to keep the road free of water, but the road has been resurfaced at least three more times making it much higher. Since this road is slated to be resurfaced later this year, Mr. Nenni is requesting the Town to cut the road down west of his house where the road takes a big drop making the road more level, giving better visibility to cars traveling west over the hill. Discussion followed. COUNCILMAN VALDATI moved to authorize Jay Paggi, Engineer to the Town to prepare an estimate for this project. Seconded by Mr. Bettina 08/14/2000.RGM Motion Unanimously Carried Linda Tasadfoy, Assessor, requests permission to attend Assessors Training Session in Rochester New York from 9/24/00 to 9/27/00. COUNCILMAN PAOLONI moved to authorize Linda Tasadfoy to attend the Assessors Training Session in Rochester New York from 9/24/00 to 9/27/00, and her legitimate expenses to be a town charge. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN PAOLONI moved to authorize Ms. Tasadfoy to receive expenses before attending session. Seconded by Mr. Valdati Motion Unanimously Carried Several reports from Ralph Holt, Chairman of Recreation. Mr. Holt is requesting permission to repave the main section of Robinson Lane Park and to pave for the first time, two other sections. He is hoping the Highway Department can fit this into their schedule. Their estimate of the cost is $40,000. If resource is available, Mr. Holt wishes to have the work done this year, and if not he would include it in his 2001 budget request. This work is essential in the effort to upgrade our parks. Discussion followed. COUNCILMAN PAOLONI moved to table the request at this time. Seconded by Mr. Bettina Motion Unanimously Carried Over the past year, Mr. Holt has had an ongoing discussion with Anthony Laman regarding the building of a pavilion shelter at Airport Park. Anthony is a boy scout and is looking at this project as the main thrust to gain his Eagle Scout badge. He has completed all the preliminary work and has completed the specifications needed to have the go ahead to construct this addition to the site. He has the assistance of Mauri Associated Architects P.C. and is seeking a building permit to get the job done. He will be using volunteer help (soccer people) to do the actual construction. It is hoped that our Town's insurance policy can be used to cover the building effort and can provide a building permit so that the work can be accomplished during the month of August. SUPERVISOR SMITH informed the board that the towns insurance policy is in force for volunteers. COUNCILMAN PAOLONI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried 3 08/14/2000.RGM The next report concerns the Reese Park Bridge. As you may recall Recreation requested approval to proceed with a foot bridge at Reese Park. The request addressed the cost of materials and the actual construction of the bridge. They went out and received a low bid of $7,225 from Ecological Specialties. However, this did not include the cost of cement work for the footings. This was done as a stand alone piece of work and we had separate bids. At the Town Board meeting of April 24, 2000, it was stated that we should have gone out to bid with the specs for both pieces of work to be included in the request for the bid. Recreation proceeded on that basis and then requested bids containing both pieces of work. No bids were received. With the help of Mr. Bettina and Mr. Valdati, Mr. Ennesser has since received information about a possible grant for work on the bridge, and we have been notified that we can be recipients of a $5,000 grant to do the cement work at the Reese Park bridge. With this new information and the additional resources to perform the cement footing expense, Mr. Holt is requesting Town Board approval to use the new dollars to construct the footings, and to be allowed to go further and have the construction of the bridge be granted to Ecological Specialties at a cost of $8,025. The total funding now available is: Grant (Greenway) $3,300 Grant (D.O.T. thru Joel Millers office) $5,000 $8,300 Encumbered Funds $4,900 $13,200 Bridge Construction $7,225 Masonry Effort $1,850 $9,075 Total Funds Available $13,200 Projected Costs $ 9,075 $ 4,125 If the total cost of the bridge is $9,075 and the total of our grants is $8,300, we will have to use at least $775 from our encumbered funds. With the time delay in going forth with the construction, some of our costs may be higher. Our encumbered funds will cover this and with the remainder we would like to correct a drainage problem existing at the park. COUNCILMAN VALDATI moved to accept the grant of $5,000, and authorize the Supervisor to sign. Seconded by Mr. Bettina Motion Unanimously Carried The last report concerns paving for Schlathaus Park. The driveway and parking spaces have been deteriorating and is now approaching a dangerous situation. Recreation is requesting to be allowed to use $28K of Parkland In 08/14/2000.RGM Funds and proceed to go out to bid to pave both the driveway and the parking 5 areas. Discussion followed. COUNCILMAN PAOLONI moved to table this request. Seconded by Mr. Valdati Motion Unanimously Carried Next are several reports from Jay Paggi, Engineer to the Town. The first is a progress report on the Wappinger Central Transmission Treatment Improvement Phase 3A Progress Schedule. COUNCILMAN PAOLONI moved to accept the progress report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried The second report concerns the joint City/Town Water Board. As you are aware, the Town Board voted at the last meeting to set up an escrow account with the Joint City/Town Water Board to pursue contract negotiations regarding the potential of a purchase of water from their system. Coincidentally, Mr. Paggi received a copy of the Poughkeepsie Water Treatment Facilities Annual Drinking Water Quality report for 1999. He found the contents of the report interesting and thought the Town Board would be interested in reading it. Mr. Paggi has enclosed a copy for the Boards review. COUNCILMAN RUGGIERO moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried At the June 26th meeting the board was made aware of the fact that methane gas was escaping through the landfill vents at the Castlepoint Landfill. Mr. Paggi recommended that the Town retain a specialist in analyzing this condition and make a complete assessment of any potential safety hazards with respect to landfill. Field Safety Corporation was retained for that purpose and has filed a report dated June 14th, 2000. In their report, Michael Ziskin of Field Safety Corp., makes some recommendations regarding the landfill and some recommendations regarding establishing a uniform protocol for future gas monitoring. It is Mr. Paggi's opinion that their recommendations listed on Page 1 of their letter, including items 1 through 6, be completed as quickly as possible, and that Conrad Geoscience, who is doing the monitoring of the landfill on a quarterly basis, utilize the protocol established in No. 7 on Page 2 of the same letter. As you can see the test results obtained by Mr. Ziskin were in conformance with the test results obtained by Conrad Geoscience during their quarterly and subsequent 5 08/14/2000.RGM monitoring. Most important is the fact that in the bathroom and gazebo, methane was not detected. Mr. Paggi is also taking the liberty of sending a copy of the test results to Steve Capowski, Interim Director of the DC Health Department, Andrew Lent of the NYSDEC and, Ralph Holt, Chairman of the Recreation Committee. Mr. Paggi strongly recommends that the Town's insurance carrier be afforded the opportunity to review this, and make their own risk assessment. COUNCILMAN RUGGIERO moved to authorize Mr. Paggi to provide a cost estimate of items 1 thru 6 as outlined in the memo of the Field Safety Corporation report dated June 14th Seconded by Mr. Paoloni Motion Unanimously Carried Several requests for return of escrow was received. The first is a request from M. Kablaoui, Lands of Kablaoui #5 for return of escrow in the amount of $927.50 COUNCILMAN RUGGIERO moved to authorize the return of escrow in the amount of $927.50 to Mr. Kablaoui upon the recommendation of Mark Liebermann. Seconded by Mr. Paoloni Motion Unanimously Carried A request Gary & Lori Flynn, Rosewood Road, for return of $1,500 escrow, seeding. COUNCILMAN PAOLONI moved to authorize the return of escrow in the amount of $1,500 to Gary & Lori Flynn upon the recommendation of Mark Liebermann. Seconded by Mr. Ruggiero Motion Unanimously Carried A request from Ronald & Dawn Bracchi, Robinson Garden Drive, for the return of $500 escrow for driveway. COUNCILMAN PAOLONI moved to authorize the return of escrow in the amount of $500 to Ronald & Dawn Bracchi, upon the recommendation of Graham Foster. Seconded by Mr. Ruggiero Motion Unanimously Carried A request from Eugene Scalzo, Erin Sue Drive, for the return of escrow in the amount of $3,000 for driveway. COUNCILMAN RUGGIERO moved to authorize the return of escrow in the amount of $3,000 to Eugene Scalzo upon the recommendation of Graham Foster. 9 Seconded by Mr. Paoloni 08/14/2000.RGM Motion Unanimously Carried A request from Gary & Krische Fredericks, Astor Hill, for the return of escrow in the amount of $1,500 for seeding. COUNCILMAN PAOLONI moved to authorize the return of escrow in the amount of $1,500 to Gary & Krische Fredericks, upon the recommendation of Deputy Building Inspector, Sal Morello. Seconded by Mr. Ruggiero Motion Unanimously Carried A request for the return of escrow from Andlyn Associates, Evergreen Estates driveways for Lot #5, $3,000; Lot #9 $2,000; Lot #10 $1,000 and Lot #14, $1,000. There was a discrepancy in regard to Lot #5 for $3,000. The amount would have to be verified before escrow is returned for Lot #5. COUNCILMAN PAOLONI moved to authorize the return of escrow to Andlyn Associates, Evergreen Estates driveways for Lot #9 $2,000; Lot #10 $1,000 and Lot #14, $1,000 upon the recommendation of the Highway Superintendent, Graham Foster. Seconded by Mr. Bettina Motion Unanimously Carried The next item on the agenda is to accept the Bids for the Rowell Lane Curbing/Drainage Curbing Improvements. The bids were received and opened on August 141h 2000 at 11:00 a.m. The results are as follows CONTRACTOR BID AMOUNT VERIFIED BID AMT. S. J. Lore Contractors $ 49,900.00 $ 49,900.00 Sun Up Enterprises $ 61,900.00 $ 61,900.00 Hudson Canyon Const., Inc. $ 74,700.00 $ 74,700.00 DiCorcia Mason Contr., Inc. $ 287,284.30 $287,284.30 As you can see the apparent low bidder is S.J. Lore Contractors at $49,900.00. However, this bid amount is over the project Budget of $30,000.00. Mr. DelBene feels the bid is high and would like to look into the matter further to see if this bid price reflects the current construction cost trends. Mr. DelBene would like permission to make his recommendations at the September 11th meeting. COUNCILMAN VALDATI moved to table the bid until the September 11th meeting. Seconded by Mr. Ruggiero 7 Motion Unanimously Carried 08/14/2000.RGM The following Bids were also received and opened on August 14th, 2000 at 11:00 a.m. for the proposed Wappinger Water Improvements Atlas Wellfield Contracts 99-1 and 99-1(E). Contract 99-1 (General Contract): CONTRACTOR BID AMOUNT VERIFIED BID AMT. Sun Up Enterprises, Inc. $238,000.00 $238.000.00 Hudson Canyon Construction, Inc. $240,321.00 $240,321.00 Contract 99-1(E ) (Electric Contract CONTRACTOR BID AMOUNT VERIFIED BID AMT. Hudson Valley Electrical Const. $106,444.00 $106,444.00 & Maintenance, Inc. Canale Electric Corp. $230,000.00 $230,000.00 As you can see, the apparent low bidders are Sun Up Enterprises , Inc. at $238,000.00 and Hudson Valley Electrical Construction & Maintenance, Inc. at $106,444.00. The total construction cost is $344,444.00, which combined with the work already completed for the project, will exceed the total project budget of $500,000.00. In light of this, Mr. DelBene would like to examine the project budget more closely and look into scaling down the project work if possible. His office would like permission to make their recommendation at the September 11th meeting. COUNCILMAN RUGGIERO moved to table the bid until the September 11th meeting. Seconded by Mr. Bettina Motion Unanimously Carried Several memos were received from Graham Foster, Highway Superintendent. At the July 10th meeting, Mr. Foster was authorized to get an estimate for the cost of materials and rental equipment to remove unsuitable material and replace it with granular material in the easements at Carroll Drive and Balfour Drive. He would need to remove and replace an average of 2ft. of material loft. wide in the Rockingham easements. An estimated cost of material and equipment rental is $30.00/ft. As you can see, this is a substantial number which can be incorporated in the Highway budget. However, a list of easements does not exist, and no one in the town can tell how many easements exist, how long they are, or what condition they are in. We could easily spend hundreds of thousands on this and would still need to maintain easements annually. A better solution could be to pipe the easements as needed. While this would also be very costly, it would drastically reduce the annual maintenance cost. Mr. Paggi had informed Supervisor Smith that contractors are so busy at this time they do not want 08/14/2000.RGM to go out until after Labor Day, so she may wish to table this until she receives Mr. Paggi's report. COUNCILMAN VALDATI moved to table until report is received from Mr. Paggi. Seconded by Mr. Ruggiero Motion Unanimously Carried Also at the July 10th meeting the board considered a plan for additional paving which Mr. Foster submitted, at their request. The plan was tabled pending the addition of some roads which board members felt should be added. The following roads are in addition to Mr. Fosters original list to be considered for paving: ROADS TON 1. Rowell Lane 1400'@ 29' wide 500 2. Davies Drive 1400'@ 29' wide 500 3. Edgehill Drive (partial) 1000'@ 28' wide 340 4. Fieldstone Blvd. 4400'@ 15' wide 850 5. Fieldstone Loop 1000 @ 28' wide 340 Total 2530 Ton +10% 250 2780 Ton This 2,780 ton would be added to the original number of 12,364 ton for a total of: 14,894 Tons @ 35.00/ton $521,290.00 Equipment rental, risers, etc. $120,000.00 TOTAL $641.290.00 It should also be noted, that a corner on Cedar Hill Road and resurfacing of 3,000 ft. of Cedar Hill Road will be done with 2000 CHIPS funds. In addition, all the roads in Wappinger Park will be surfaced from the 5110.4 account, once the sewer project is complete this Fall. Due to the length of time to complete this work, it should be started as soon as possible. COUNCILMAN VALDATI moved to authorize the repairs of the additional roads and the funds to come out of B Fund, only after current Highway maintenance and repair funds are exhausted. Seconded by Mr. Paoloni Motion Unanimously Carried Next for the boards consideration is to award the Bid for the Emergency Generator System for the Town Hall. On July 27, 2000 Fellenzer Engineering, LLP attended the Bid opening for the Emergency Generator 9 08/14/2000.RGM System for the Town Hall. Six (6) Bids were received and opened on July 27th 2000 at 2:00 p.m. CONTRACTOR BID AMOUNT ALTERNATE BID Tri County Electric Corp. $82,000.00 $80,200.00 M. C. Electric $71,846.89 not provided Canale Electric Corp. $85,000.00 deduct $2,250 ($82,750.00) H.V. Electric Const. $61,111.00 deduct $1,744 Gentech Ltd. $81,350.00 not provided Stilsing Electric Inc. $79,551.00 $70,100.00 Based on this bid review, Mark Fellenzer P.E. of Fellenzer Engineering, LLP recommends the bid to install the Emergency Generator at the Town Hall, be awarded to Hudson Valley Electrical Construction and Maintenance, Inc., for $61,111.00, they being the lowest responsible bidder, and feel it is possible that the project be completed successfully for the base bid provided of $61,111.00. COUNCILMAN VALDATI moved to award the bid for the Emergency Generator System to, Hudson Valley Electric Construction and Maintenance for $61,111.00 as low bidder, upon the recommendation of, Mark Fellenzer, P.E. of Fellenzer Engineering, LLP. The funds to come out of the A Fund. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from the Hudson River Foundation, informing Joe Ennesser of the Wappinger Recreation Committee that the Hudson River Improvement Fund Committee has voted to support the proposed renovation of the Chelsea boat ramp in the amount of $10,000. COUNCILMAN BETTINA moved to accept the $10,000 grant to renovate the Chelsea boat ramp and authorize the Supervisor to sign the grant agreement. Seconded by Mr. Valdati Motion Unanimously Carried At this time COUNCILMAN BETTINA wished to know what steps were being taken in regard to the West Nile Virus. SUPERVISOR SMITH informed him that the town has nothing to do with the West Nile Virus. A dead Blue Jay was discovered on the Old Hopewell Road area. It was only the one incident and many people are questioning about the spraying. The County does not spray on an isolated incident. There is a lot of criteria that must be satisfied before they decide to spray. We have not found mosquito's, 10 08/14/2000.RGM we have found a dead bird. In order to spray, the county must get a permit from the DEC, and that takes at least 10 to 12 days. Supervisor Smith also announced, if someone has a build up of water on their property, they should report it to the County Health Department for assistance. COUNCILMAN VALDATI moved to authorize Supervisor Smith send a letter to the County Health Department requesting they notify homeowners as to what treatments are available to them. Seconded by Mr. Paoloni Motion Unanimously Carried Next are several reports from Don Swartz, Architect. Mr. Swartz was requested to provide the Board with a statement of probable construction cost for the proposed Town Hall Entrance Canopy. Mr. Swartz went on to explain that the cost at prevailing wages would range from $50,000 to $75,000 and professional fees would range from $7,500 to $11,250. These figures have been derived by conducting a pre -market test with (2) construction firms in the region. He also went on to explain that the town would be paying a premium to get the work done this year, simply because everyone is booked from now, until some time next year. SUPERVISOR SMITH reminded the board that this canopy should be a priority, due to the formation of ice in the front of the building, and it is a handicapped entrance. COUNCILMAN VALDATI moved to authorize Mr. Swartz to prepare specs for the proposed Town Hall Entrance Canopy. Seconded by Mr. Paoloni Motion Unanimously Carried At the April 10th Workshop, Don Swartz was authorized to work with Jay Paggi, Engineer to the Town, on plans for the proposed Senior Center. The proposed building would be located on the current recreation property on Montfort Road. The program for this building was established through meetings with the Recreation Department staff. The building designed consists of approximately 10,800 Gross Square Feet (GSF) and is expandable depending upon its position on the site. The projected project cost has been derived in association with Jay Paggi (supplying site and development estimates), and by conducting a pre -market test with (2) construction firms in the region. Through discussions with these firms, it was revealed that in June of the year the Town of Patterson received bids for a new +/-9,500 GSF Town Hall Building. It was similar in size and construction type to that considered for this project; that is steel framed, slab on grade with masonry veneer. In speaking with the low (successful) bidder, he was awarded the project at the hard construction cost of approximately $150 per square foot 11 08/14/2000.RGM and he also explained that he was $200K below the next bid (or $21.00 per square foot). There were nearly twelve firms submitting bids on this project. With this sobering news he also explained that there are several hundred million dollars of school work scheduled to be let in the Mid Hudson region within the next 8 to 9 months, therefore prices will not diminish. When questioned as to what was driving costs upward so drastically he stated that there have been some substantial material increases due to demand, but the single most contributing factor was the lack of available skilled labor throughout the region, and there seems to be no let up in site. When asked if one time of the year would be better to bid over another, Mr. Swartz was informed that the optimum time to bid would be the end of January and into early February. Based on feedback, a steel framed building would be most economical to build at this time. Therefore the project budget would be as follows: Building Cost Site Development Furniture/Equipment Kitchen Equipment Contingency Professional Fees 10,800GSF x $1,620,000 Lump Sum 255,000 (including Landscaping & site lighting) Lump Sum Lump Sum sub total (15% x $1,945,000) sub total (10% x $2,235,000) 20,000 50,000 $1,945,000 $290,000 $2,235,000 255,000 Bond Costs (1.5% x $2,460,000) 36,900 TOTAL PROJECT BUDGET $2,496,000.00 COUNCILMAN VALDATI moved to authorize Comptroller, Jerry Terwilliger, to contact Sal Pennini to look into cost estimate of this project. Seconded by Mr. Paoloni Motion Unanimously Carried Next is the release to Bank for Abigail Lane (Evergreen Estates) in the amount of $77,400, and authorize Supervisor Smith to notify Bank of release. Supervisor Smith informed the board that she checked with Attorney to the Town and Engineer to the Town and they recommended the release. COUNCILMAN VALDATI moved to release to the Bank for Abigail Lane in the amount of $77,400, upon recommendation of the professionals and authorize Supervisor Smith to notify Bank of release. Seconded by Mr. Paoloni Motion Unanimously Carried 12 r I], 9 08/14/2000.RGM Correspondence from Al Roberts, Attorney to the Town informing the Town Board that he is a member of the Dutchess County EDC. COUNCILMAN PAOLONI moved to accept the disclosure from Mr. Roberts and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Al Roberts, Attorney to the Town in regard to People vs Niemcyk. Mr. Roberts explained, that in as much as this matter has been a subject of a lot of litigation it might be wise to ask any questions in Executive Session. Mr. Printer, Attorney for Mr. Niemcyk was recognized by the board and he explained that Mr. Niemcyk and his family have run the business (an auto body shop)for 33 years. Yes, it is in a residential zone, and technically he has no place to stand on, but it is a practical matter. His father ran it and he has run it since 1980. He has owned the property since 1990. He supports himself, his wife and two children. Unfortunately, he did not avail himself the opportunity of the grandfather piece of legislation that the town passed in the late 1980's, allowing existing non conforming uses to remain, if they were registered by a certain date. He was unaware of the legislation so he did not register. He is fifty-one years old, and wishes to continue using the property in that fashion for the next six years, until he retires, and then the use would die with his retirement. If he disposes of the property, he cannot be sold as an existing non -conforming use that is transferable. Even though he is in litigation he has been looking for a viable alternative site, and he has not been able to find a place that he can cost effectively maintain as a shop. The next option would be an 8 to 15 month hiatus allowing him to June 30th of 2001 to relocate. Discussion followed. Mr. Roberts wished to finish the agenda, and discuss this matter further in Executive Session and return to the meeting with a decision. NO ACTION TAKEN A report from Michael Tremper of CAMO Pollution on the water usage for the Central Wappinger Water District. COUNCILMAN VALDATI moved to accept Mr. Tremper's report and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried SUPERVISOR SMITH announced that she received notification from Senator Saland that the town in line for a grant. Senator Saland does not know how much or when we can expect to receive it. The project must have a ten year 13 08/14/2000.RGM life span. She called Graham Foster, and he suggested Ketchamtown Road and 9D as our project. COUNCILMAN VALDATI moved to approve Ketchamtown Road and 9D as the project for the grant. Seconded by Mr. Paoloni Motion Unanimously Carried A signed voucher from Nenni Equipment Corporation for the release of retainage for the Fleetwood Water District/Village of Fishkill Water System Interconnection. Mr. Paggi's office has conducted a field inspection and found everything in order, reviewed the invoice and recommends the payment be made in the full voucher amount of $6,721.54. COUNCILMAN VALDATI moved to release the retainage in the amount of $6,721.54 to Nenni Equipment Corporation for the water interconnect with the Village of Fishkill upon the recommendation of Jay Paggi, Engineer to the Town. Seconded by Mr. Bettina Motion Unanimously Carried Supervisor Smith announced that confirmation of the easement agreement with Rullman must be accepted and signed. This is the easement for Phase 3A Contract II. COUNCILMAN PAOLONI moved to accept the easement agreement with Rullman, and authorize the Supervisor to sign. Seconded by Mr. Ruggiero Motion Unanimously Carried The following Tax Certioraris were served on the Town of Wappinger: (20) Herbert Redl; Werner Henzler; Wappingers Associates LLC; Wappingers Falls Owners Corp; School House Realty Group LLC; Fleet Bank, Lessee; Tenant, First Union National Bank; Dutchess Bleachery LLC; Hoeventure, LLC; Kermit Enterprises; Alan V. Rose; James & Kathleen Turco; Cedar Hill Development Corp.; Cedar Hill, LLC; TGS Associates; HSBC Bank USA; Imperial Improvements, LLC; A.R. Fuels Inc. (Village Crest Apts.); Loewen Development of Wappingers Falls, LP; Fiber Optek Interconnect Corp., by Bruce Stern as Agent. COUNCILMAN RUGGIERO moved to refer the above Tax Certioraris to Emanuel Saris, Attorney to the Town appointed to handle Tax Reviews, to defend on behalf of the Town of Wappinger. Seconded by Mr. Bettina Motion Unanimously Carried COMMITTEE REPORTS 14 08/14/2000.RGM SUPERVISOR SMITH wished to announce that Assessor Aid, Loretta Brunello, who was provisional, took her Civil Service test, and scored number 2 on the test, and she now becomes permanent. SUPERVISOR SMITH is setting up a committee to negotiate the CSEA Highway agreement. She needs people who can attend during the day, so she has chosen Vincent Bettina, Al Roberts, and herself. Graham Foster will also be in attendance for consultation. COUNCILMAN PAOLONI in regard to brush pick up due to the recent storm. Supervisor Smith informed Mr. Paoloni that the Town Board would need to authorize the Highway Department to pick up the brush. She announced that a few of the roads in the Daniel Sabia Drive area, Diddell Road and Robinson Lane were effected the most. COUNCILMAN PAOLONI moved to authorize the Highway Department to pick up the storm damage brush in the Daniel Sabia Drive area, Diddell Road, and Robinson Lane. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN RUGGIERO informed the board he had the opportunity to drive around town with the Highway Superintendent and go over some of the proposed roads that the board approved for repair. COUNCILMAN VALDATI had no reports at this time. COUNCILMAN BETTINA had no reports at this time. BONDS AND LETTERS OF CREDIT A report was submitted from the Zoning Administrators Office for the month of June and July on the schedule of Bonds and Letters of Credit on the various subdivisions, the amounts, expiration dates and call up dates. Attorney to the Town, Al Roberts informed Supervisor Smith that the call up date for the Nicole Farms Bond is September 19th, and it expires November 19th, which is in conjunction with All Angels Hill and Kent Road improvements. He thought perhaps a meeting with her, Jay Paggi, and James Klein might be appropriate at this time. COUNCILMAN VALDATI moved to accept the reports and place them on file. Seconded by Mr. Paoloni Motion Unanimously Carried RESOLUTIONS Next is the re -submittal of the Clean Water/Clean Bond Act Resolution. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption, and authorize the Supervisor to sign. 15 08/14/2000.RGM RESOLVED, that Constance O. Smith, Supervisor of the Town of Wappinger, Wappingers Falls, New York, is hereby authorized and directed to file an application for funds from the Hudson River Greenway in accordance with the provisions of Title 3 of Clean Water/Clean Air Bond Act and/or the Hudson River Valley Greenway Act (Article 44, Environmental Conservation Law) in an amount not to exceed the designated grant amount of $6,250.00, and upon approval of said request to enter into and execute a project agreement with the Hudson River Valley Greenway for such financial assistance to this municipality of the Wappinger Greenway Trail. Seconded by Mr. Bettina Motion Unanimously Carried The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mr. Paoloni A RESOLUTION AUTHORIZING THE ISSUANCE OF $239,991 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF VARIOUS ITEMS OF EQUIPMENT FOR HIGHWAY DEPARTMENT OF AND FOR THE TOWN. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose or classes of objects or purposes of paying the cost of the purchase of various items of equipment for the Highway Department of and for the Town of Wappinger, Dutchess County, New York, there are hereby authorized to be issued $239,991 serial bonds of said Town pursuant to provisions of the Local Finance Law, apportioned among such items of equipment in accordance with the maximum estimated cost of each. The items of equipment to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of serial bonds to be authorized therefor, the period of probable usefulness of each and whether said items of equipment are each a specific object or purpose or a class of objects or purposes is a follows: a) The purchase of various items of equipment, each item of which costs $30,000 or more, including incidental expenses in connection therewith, at maximum estimated cost of $202,844 a class of objects or purposes. It is hereby determined that the plan for the financing of such class objects or 16 08/14/2000.RGM purposes shall consist of the issuance of $202,844 of the $239,991 serial bonds of said Town authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. b) The purchase of various items of equipment, each item of which costs $15,000 or less, including incidental expenses in connection therewith, at maximum estimated cost of $14,618 a class of objects or purposes. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $14,618 of the $239,991 serial bonds of said Town authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; and c) The purchase of a pick-up truck, including incidental expenses in connection therewith, at a maximum estimated cost of $22,529 a specific object or purpose. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $22,529 of the $239,991 serial bonds of said Town authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years, except with regard to the serial bonds authorized in section 1(b) hereof. Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $239,991 and the plan for the financing thereof is by the issuance of the $239,991 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance with the maximum estimated cost of each as stated in Section 1 hereof. Section 3. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. 17 08/14/2000.RGM Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 6. The powers and duties of advertising such bonds for sale, conduction the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. In 08/14/2000.RGM Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. Upon this resolution taking effect, the same shall be published in full in the Southern Dutchess Newspaper, the official news paper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 11. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Smith Voting Aye Councilman Valdati Voting Aye Councilman Bettina Voting Aye Councilman Ruggiero Voting Aye Councilman Paoloni Voting Aye The resolution was thereupon declared duly adopted. UNFINISHED BUSINESS COUNCILMAN VALDATI informed the board that he had gone to several Planning Board meetings on the proposed Cell Tower. Now it has gone to the Zoning Board of Appeals. There seems to be some problems. The Planning Board has found out that the proposed Cell Tower has not satisfied set backs, 19 08/14/2000.RGM that we have placed in our Cell Town Ordinance. We placed this law on the books and a moratorium on construction in the town in order to have something in place on the books that we felt would serve the town and our community. When the Cell Tower people approached us, regarding construction, we had a law in place which they had to follow. Now it seems that there is a problem meeting set back requirements, and the Planning Board has given their approval and sent it to the Zoning Board with their blessings. He does not agree putting aside our requirements in our law until there is demonstrated need. The Cell Tower consultant that the town hired, sent correspondence back saying that Cellular One did not demonstrate their need for this specific site as opposed to any adjacent sites in the area or any site that some other provider may own. Discussion followed. COUNCILMAN VALDATI moved to authorize the Town Board memorialize the Zoning Board of Appeals not waive the Zoning Law set backs. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN VALDATI also wishes to include Mr. O'Donnell's letter in Executive Session and formally come to some sort of conclusion. NEW BUSINESS COUNCILMAN BETTINA on Thornacres. Supervisor Smith explained that she was waiting for everyone to return from vacation. COUNCILMAN BETTINA wished to schedule a workshop to discuss the Chelsea Ridge water situation. COUNCILMAN BETTINA also wished to set up a work shop with the Chelsea Fire Department. COUNCILMAN PAOLONI in regard to the standing water in the drainage easement at 77 Smith Crossing Road. Mr. Goldsmith still wants the situation remedied. Mr. Foster and Mr. Paggi went to inspect the area and determined it is a situation that exists on town property. COUNCILMAN RUGGIERO moved to schedule a workshop to remedy the drainage easement on town property at 77 Smith Crossing Road. Seconded by Mr. Paoloni Motion Unanimously Carried At this time 9:15 p.m., COUNCILMAN BETTINA moved to go into Executive Session to confer with council regarding litigation on Niemcyk and also address the bill from Schnorr for sewer line hookup for the Carman residence on Fenmore Drive. Seconded by Mr. Valdati Motion Unanimously Carried 20 08/14/2000.RGM The meeting reconvened at 10:15 p.m. with all Board members present. COUNCILMAN RUGGIERO moved to authorize Al Roberts, Attorney to the Town to implement the directions in handling the Niemcyk matter approved by the Town Board. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize the Town to reimburse Mr. & Mrs. Carmen of Fenmore Drive $900 due to error in Town's record of Tri - Muni sewer line. Seconded by Mr. Bettina Motion Unanimously Carried There was no other business to come before the Board. COUNCILMAN RUGGIERO moved to close the Town Board meeting, seconded by Mr. Bettina and unanimously carried. The meeting adjourned at 10:20 p.m. Elaine H. Snowden Town Clerk 21