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1999-02-22 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER FEBRUARY 2.2, 1999 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. Accept Minutes: .-PLEDGE ALLEGIANCE TO FLAG Jan. 25-Feb.1, 1999 Meetings 4. REPORTS OF OFFICERS: Supervfsor/Comet. Town Jistices Receiver of. Taxes Bldg. Insp. Zoning Dept. Dog Control Officer -(Dec. & Jan) 5. PETITIONS & COMMUNICATIONS a. Dr. Vil.ardI., 11axLertown Rd., re: problem over 50 Ft. ROW parcel b. Howard Keeler, Roberts Rd., re: request approval for hookup to Town Water & Sewer for lot on Roberts rd. C. Henry Semp, All Angels Hill Rd., Re: unreimbursed Medical expense deductions on partial tax exemtions for Seniors Leo Lowney, Village Clerk, requesting use of 3 Voting machines for Village elections March 16th e. R. Holt, Ch. Rec. Comm. (1) Corr. re: Recognition (2) Request for two P.O.'s for Sand and bulk Fertilizer f. F. Buyakowski requests reduction of subdivision Bond w/ recommendation from J. Paggi, Eng. to Town g. Emanuel Saris, Attrny for Tax reviews, Reports: Advanced Advisory Corp.; Wallace Sheft; PEB Construction h. Request for return of Escrow bunds from: (1) Bil-Mac Realty Corp, $523 (2) Satellite Investments/Buyakowski $1,148 i. Authorize Attorney to represent Town in matter of Niemcyk vs T/W j. Authorize Attorney to represent Town in matter of Mullen vs Town (original Torte Claim - Amount under deductable) K. Highway Bids 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT D. Close Report 8. RESOLUTTONR a. Consider adoption of Local 1,aw for waiver of residency requirement for Comptroller b. Resolution re: Shamorock subdivision w/corn, from J. Paggi c. Transfers 9. UNFINISHED BUSINESS a. G. Foster, H. Supt. re: Capital Equipment b. Stop Signs at dorothy Lane/Cedar Hill - 2 add'1 letters of support and report from J. Paggi, Eng. to 'Town C. Kent road Speeding 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: PUBLIC BEARING ON LOCAL LAW AT 7:15 P.M. 02/22/99 RGM A Town Board Meeting of the Town of Wappinger was held on February 22, 1999 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order at 7:30 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman (arrived at 7:35 p.m.) Elaine H. Snowden, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman Supervisor Smith wished to have it so noted in the minutes, that Councilman Bettina was absent tonight, due to a family emergency. The Supervisor asked all to join in the Pledge of Allegiance to the Flag. SUPERVISOR SMITH informed the Board that we were only going to cover about five items on the agenda tonight because she was ill. MINUTES The Minutes of January 25, 1999 and February 1, 1999 having previously been forwarded to the board members was now placed before them for their consideration. COUNCILMAN RUGGIERO moved to accept that the above stated Minutes as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Valdati Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of January were received from the Town Justices, Supervisor/Comptroller, Receiver of Taxes, Building Inspector, Zoning Department, and Dog Control Officer for December & January. COUNCILMAN RUGGIERO moved to accept the reports and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried A request from Leo Lowney, Village Clerk, for the use of three (3) town voting machines for the upcoming Village Election to be held on March 16, 1999. COUNCILMAN VALDATI moved to authorize the use of three (3) voting machines for the upcoming Village Election as requested by Mr. Lowney, Village Clerk. 1 Seconded by Mr. Ruggiero 02/22/99 RGM Motion Unanimously Carried Two requests from Gerald Terwilliger, Comptroller for transfer of funds. First is a request to transfer from 899B Miscellaneous Reserve, amount $120,000 to 8540.400B storm cleaning and drainage to cover estimate #1 and #2 for Robert Lane Drainage Improvement Project, Advanced Excavating and Landscaping, Inc. COUNCILMAN RUGGIERO moved to authorize the transfer of $120,000 from 899B Miscellaneous Reserve, to 8540.400B storm cleaning and drainage as requested by Mr. Terwilliger, Comptroller. Seconded by Mr. Valdati Motion Unanimously Carried The second request is for Budget Amendments for Highway. Increase State Aid 3502.000 DB SHIPS Program $11,364.00. Increase 5112.410. DB Improvements SHIPS Program $11,364.00 to show SHIPS money reimbursed for Wheeler Hill Road Realignment. COUNCILMAN RUGGIERO moved to authorize the above Budget Amendments as requested by Mr. Terwilliger, Comptroller. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Al Roberts, Attorney to the Town regarding the matter of Town of Wappinger vs. Niemcyk. Mr. Niemcyk was sent a notice of violation in conduct of an automotive body repair shop in a residential district. Both Town Justices (Wolfson and Morse) have excused themselves from the matter. The matter was referred to Judge Hancock in the Town of Fishkill. Acting Zoning Administrator, Mark Liebermann and Town Consultant Don Close have requested assistance from Mr. Roberts in the matter. Mr. Roberts is requesting authority from the full board to participate. COUNCILMAN VALDATI moved to authorize Al Roberts, Attorney to the Town to represent the Town in the matter of Niemcyk vs. the Town of Wappinger, before Judge Hancock in the Town of Fishkill. Seconded by Mr. Ruggiero Motion Unanimously Carried The Town was served with a Small Claims Summons form the City of Beacon Court in the matter of Mullins vs. the Town of Wappinger. Originally this had been served to the Town as a Torte Claim, forwarded to our Insurance Carrier, and the Insurance Carrier responded to the Town that the amount was below the deductible, thus payment was denied. The matter 6 02/22/99 RGM now being in Small Claims Court, it is necessary for the Town Board to authorizes the Attorney to the Town, Al Roberts to defend on behalf of the Town of Wappinger. COUNCILMAN VALDATI moved to authorize Al Roberts, Attorney to the Town, to represent the Town in the matter Mullins vs. the Town of Wappinger, in Small Claims Court, Beacon, New York. Seconded by Mr. Ruggiero Motion Unanimously Carried Upon the recommendation of Graham Foster, Superintendent of Highways, the Wappinger Bid Report for 1999 was presented to the Town Board for their consideration. GASOLINE AGWAY PETROLEUM Per Gallon, Regular Unleaded .4220 87 octane RFG Per Gallon, Unleaded Plus .4493 89 octane RFG The Superintendent recommends the bid for Gasoline be awarded to Agway Petroleum Corp. FUEL OIL BOTTINI WILSON Per Gallon #2 .139 .1190 Diesel Fuel .139 .1190 The Superintendent recommends the bid for Fuel Oil and Diesel Fuel be awarded to Wilson Multi Power Oil Co. Inc. BITUMINOUS CONCRETE 1A TOP 1AC TOP 1A Binder 1A Base Cold Mix POUGH ASPH 26.10 26.25 26.10 26.10 N/A The Highway Superintendent recommends the bid for Bituminous Concrete be awarded to Poughkeepsie Asphalt. ROAD AGGREGATES (see attached analysis) CRUSHED STONE The Highway Superintendent recommends the bid for crushed stone be awarded to Blacktop Maintenance Corp. for 1/z, 5/8, & %. The Highway Superintendent recommends the bid for crushed stone be awarded to Clove for 1/, 3/8, 3/, and Item Four RUN OF BANK GRAVEL The Highway Superintendent recommends the bid for run of bank gravel be awarded to Route 82 Sand and Gravel. 3 02/22/99 RGM WASHED GRAVEL The Highway Superintendent recommends the bid for washed gravel be awarded to Route 82 Sand & Gravel. SNOW/ICE AGGREGATE The Highway Superintendent recommends the bid for snow/ice aggregate be awarded to Clove. CULVERT PIPE (see attached analysis) CORRUGATED METAL The Highway Superintendent recommends the bid for 12", 18", 24", 30", 36", & 48" corrugated metal be awarded to Vellano. The Highway Superintendent recommends the bid for 15" and 60" be awarded to E.S.P. The Highway Superintendent recommends the bid for 6", 8" and 10" per£ Be awarded to Chemung. A.D.S REGULAR The Highway Superintendent recommends the bid for A.D.S. REGULAR be awarded to Vellano. A.D.S. N12 The Highway Superintendent recommends the bid for A.D.S. N12 12", 18", 24", and 36" be awarded to Vellano and 15" and 30" be awarded to E.S.P. CORRUGATED METAL VELLANO BROS CHEMUNG E.S.P. 12" - 16 15" - 16 18" - 16 24" - 14 30" - 14 36" - 12 48" - 12 60" - 10 6" perf. 8" perf. 10" perf. Bands ga. 4.39 ga. 5.49 ga. 6.88 ga 10.80 ga. 13.30 ga. 21.00 ga. 27.70 ga. 42.00 2.00 2.75 4.00 Same as l' of pipe A.D.S. REG 12" 15" 18" 24" A.D.S. N12 12" 15" 2.15 3.42 5.13 7.72 2.31 3.19 4 4.58 5.86 7.08 10.77 13.24 20.94 27.63 42.14 1.84 2.43 3.67 Same as 1' 4.29 5.51 6.71 10.35 12.78 15.21 27.14 42.14 2.05 2.70 3.83 Same as 1' 2.05 3.27 4.70 7.40 2.23 3.27 BIDDER CRUSHED STONE WASHED GRAVEL BID_ REPORT 19 ONE IMMINNEIMEM MENOMINEE EMEMEMINIMMIMEM . ■ENOMINEE IMMUMMEMMEM MS® BID_ REPORT 19 02/22/99 RGM 18" 5.02 4.70 24" 8.01 7.71 30" 11.50 12.66 36" 17.10 16.71 A.D.S. REG The Superintendent of Highway recommends the bid for A.D.S Reg. Be awarded to Vellano Bros. With E.S.P. as backup A.D.S. N12 The Superintendent of Highway recommends the bid for A.D.S. N12 be awarded to E.S.P. for 12' and 36' and to Vellano Bros. For 15", 18", 24" and 30" with each other as backup. SIGN & SIGN POSTS E.S.P. CHUMUNG 8'U Channel posts 2 lb. 5.40 5.24 4" U Channel starter posts 2 lb. 2.89 2.68 U Channel post caps 4.10 4.58 Extruded Cross pieces ( alum) 4.74 4.20 6' Delineators 1.2 lb. 2.94 2.94 The Highway Superintendent recommends the bid for posts and starter posts be awarded to Chemung. He also recommends the bid for post caps and cross pieces be awarded to E.S.P. BASINS E.S.P. VELLANO BROS. 24 x 24 Concrete Basins 140.00 No Bid 30" ------- « 36" No Bid " 30 x 48 ID Concrete Basins 160.00 " 24" No Bid " 30" 185.00 " The Superintendent of Highway recommends the bid for Basins be awarded to E.S.P. MANHOLE LIDS E.S.P. VELLANO BROS 24" 60.00 43.35 25" 70.00 64.00 26" No Bid 60.25 The Superintendent of Highway recommends the bid for Manhole Lids be awarded to Vellano Bros. MANHOLE RISERS E.S.P. VELLANO BROS 2" x 24" 42.00 32.00 2" x 25 3/8 No Bid 47.00 2" x 25 3/ 51.00 38.00 The Superintendent recommends the bid for manhole risers be awarded to Vellano Brothers. 5 02/22/99 RGM WATER VALVE BOX RISERS E.S.P. VELLANO BROS 6 x 1 No Bid 3.65 6 x 2 5.25 6 x 3 6.60 71/2 x 1 4.00 No Bid 7 1/2 x 2 6.50 " 772 x3 8.25 " The Superintendent of Highway recommends the bid for the 6x1, 6x2, and 6x3 water valve box risers be awarded to Vellano Brothers He also recommends the bid for the 7%2x1, 71/2x2, and 7%2x3 water valve box risers be awarded to E.S.P. GRATES AND FRAMES E.S.P. VELLANO BROS 24 x 24 GRATE with FRAMES 81.00 74.00 30 x 48 197.00 199.00 30 x 30 99.99 96.00 The Superintendent of Highway recommends the bid for grates and frames be awarded to Vellano Brothers. 1999 TOWN RECYCLING BULK PICKUP PROPOSAL We the undersigned propose to furnish the Town of Wappinger a Town Clean-up bid as follows: 1. Metal - 98.75/Pull -$0.00 Disposal P Tires - $117.00/Ton -$107.50/Pull (Passenger Car Tires Only) 2. Truck & Driver - $82.60/Hr. - Helper - $27.25 Hr. 3. $65.00/Ton - Disposal - $107.50 Pull 4. Tires - $117.00/Ton - $107.50 Pull (Passenger Car Tires Only) MISC. CHARGES - - N/A BIDDER: ROYAL CARTING ADDRESS: ROUTE 82 Box 1209 HOPEWELL JUNCTION, NY 12533-1209 We the undersigned propose to furnish the Town of Wappinger a Town Clean-up bid as follows: 1. Metal - 145.00/Pull - $0.00 Disposal Tires - $140.00/Ton -$145.00/Pull (Passenger Car Tires Only) 2. NO PROPOSAL ON THIS ITEM 3. $65.00/Ton - Disposal - $145.00 Pull 4. Tires - $140.00/Ton Disposal - $145.00 Pull (Passenger Car Tires Only) 0 02/22/99 RGM MISC. CHARGES - - Freon would not have to be removed from appliances; Freon removal would be Karta's responsibility. BIDDER: KARTA CONTAINER & RECYCLING, INC ADDRESS: P. O. BOX 2391 1011 LOWER SOUTH STREET PEEKSKILL, NY 10566 The Highway Superintendent recommends we award the bid the Royal Carting Service. COUNCILMAN RUGGIERO moved to award the Bids as recommended by the Highway Superintendent, Graham Foster. Seconded by Mr. Valdati Motion Unanimously Carried RESOLUTIONS A Public Hearing having been held on a proposed Local Law exempting the residency requirements for the position of Comptroller for the Town of Wappinger, the matter of its adoption was now placed before the board for their consideration. The following Resolution was offered by COUNCILMAN VALDATI, who moved its adoption, seconded by Mr. Ruggiero. LOCAL LAW #2 OF THE YEAR 1999 EXEMPTING THE POSITION OF COMPTROLLER OF THE TOWN OF WAPPINGER FROM RESIDENCY REQUIREMENTS IMPOSED BY NEW YORK STATE TOWN LAW SECTION 23 A Local Law entitled "Local Law Exempting the Position of Comptroller of the town of Wappinger from Residency Requirements Imposed by New York State town Law Section 23". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: Local Law Exempting the Position of Comptroller of the Town of Wappinger from Residency Requirements Imposed by New York State Town Law Section 23. This Local Law shall be known and cited as Town of Wappinger Local Law No. of 1999, entitled "Local Law Exempting the Position of Comptroller of the Town of Wappinger from Residency Requirements Imposed by New York State by New York State Town Law Section 23". Section II: Legislative Intent: The Town Board acknowledge that Section 23 (1) of the New York State Town Law requires every officer of the town at the time of his appointment and throughout his term of office to be an elector of the town. However, by recent amendment of Section 23 (3) of the Town Law the State 7 02/22/99 RGM Legislature has exempted the residency requirement of the Comptroller of the Town of Mount Pleasant. Section 10 of the Municipal Home Rule Law of the State of New York authorizes a town to adopt by local law for its own purposes, any statutory provision, amendment or exemption which has been expressly authorized by the State Legislature for any other named town, thereby superseding general statutory provisions to the contrary. Moreover the Town Board recognizes that the Town of Wappinger benefits from the residence of its officers within the Town including, but not limited to benefits realized by fostering an increased sense of community. However, the Town Board has determined that the position of Comptroller is one that requires special skills and training. Moreover, in light of these requirements for special skills and training, it is the determination of the Town Board that any benefits that accrue from the residency within the Town of its Comptroller are outweighed by the importance of filling the position of Comptroller with the best qualified candidate. Accordingly, the Town Board has decided to enact a local law exempting the position of Comptroller from the residency requirements imposed by New York State Town Law Section 23. Section III: Exemption of the Residency Requirement for the Comptroller. In accordance with the Legislative Intent noted above, the person appointed to the position of Comptroller in the Town of Wappinger shall not be required to be an elector or resident of the Town of Wappinger in order to hold and serve such position. Section IV: Separability. The provision of this Local Law are separable and if any provisions, clause, sentence subsection, work or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that his Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause sentence, subsection work or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section V: Supersession. E'. 02/22/99 RGM Pursuant to Municipal Home Rule Law Section 22, the provisions of this Local Law are intended to supersede any inconsistent or contrary provisions contained in the New York State Constitution or in Town Law Sections 20 and 23, or Public Officers Law Section 3. Section VI: Effective Date. This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule. Motion Unanimously Carried UNFINISHED BUSINESS Kent Road Speeding. COUNCILMAN RUGGIERO moved to take to Workshop to prepare Local Law. Seconded by Mr. Valdati Motion Unanimously Carried NEW BUSINESS COUNCILMAN VALDATI moved to authorize Graham Foster, Highway Superintendent to interview from the Civil Service List the top three for the soon to be vacated position of Dot Schwartz at Town Highway Department at the budgeted salary. Seconded by Supervisor Smith Motion Unanimously Carried At this time 7:35 p.m., COUNCILMAN RUGGIERO moved to adjourn the Town Board Meeting to time and date certain, March 8, 1999 at 7:30 p.m. Seconded by Mr. Paoloni Motion Unanimously Carried 3�'� �� &"�' Elaine H. Snowden Town Clerk We 02/22/99.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 22, 1999, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Local Law Exempting the Residency Requirements for the Position of Comptroller for the Town of Wappinger. Supervisor Smith opened the Meeting at 7:15 P.M. Present: Constance Smith, Supervisor Robert Valdati, Councilman Joseph Ruggiero, Councilman Elaine H. Snowden, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman Joseph Paoloni, Councilman Supervisor Smith wished to have it so noted in the minutes that Councilman Bettina was absent tonight, due to a family emergency. The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). There were no comments or questions from the audience. COUNCILMAN RUGGIERO moved to close the Public Hearing, seconded by Mr. Valdati The Public Hearing closed at 7:17 p.m. Motion Unanimously Carried Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER, DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW EXEMPTING THE RESIDENCY REQUIREMENTS FOR THE POSITION OF COMPTROLLER FOR THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn deposed and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on February 10, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law exempting the residency requirements for the position of Comptroller, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me the day of x ,1999 ���/ LIM.. f ALBERT P. ROBERTS lNU1ARY PUBLIC, State of New Yoik Qualified in Dutchess Cou C�+1ltriS� isr� E,:;�;rcL< Feb. 28,04&0-e-) v Southern Nevis 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING State of New York, TOWN OF WAPPINGER NOTICE IS HEREBY.GIVEN the County of Dutchess, Town Board of theTown of Wappinger will conduct a PUBLIC HEARING,on the 22nd day of Februn 1888, at Town of Wappinger. 7:15 p.m. at the Town Hall, Town d Wappinger, 20 Middlebush Road,; Wappingers Falls, NewYbrk, at whloh. time all parties In interest and citizens JoM 1 11 shall have an opportunity to be heard ....... an ... art .......... e .. r ............................. of the as to whether the Town Board of the Town of Wappinger snap adopt a pro- posed Local Law, entitled 'Local Law Town Of Wappinger, Dutchess County, New York, Exempting the Position of Comptrol- ler of the Town of Wappinger from being duly sworn, says that he is, and at the several Residency Requirements Imposed by Now 'lion York State Town Law Sso- times hereinafter was, the ... Bookkeeper ........................... PLEASE TAKE FURTHER NOTICE that the purpose and Intent of the pro- of the SOUTHERN DUTCHESS NEWS, a posed Local Law Is to allow the"Ib m Board to appoint as Comptroller of newspaper Tinted and u the Town of Wappinger the mostP published every Wednesday qualified candidate,, wen b that per- son 1s not a resident of the Town of in the Town of Wappinger, Dutchess County, New Wappinger. PLEASE TAKE FURTHER NOTICE that the Town Board has determined York, and that the annexed NOTICE was duly that pursuant to 8 NYCRR 817.5 (c) (27) the proposed adoption of the published in the said newspaper for .ont... weeks aforementioned Local Law Is a Type 11 action not requiring environmental review pursuant to the State Environ- successively In each week, commencing on the mental Ouality Review Act (SEORA) or pursuant to Local Law MBof/882 .,.Ip h day of .Fehruary... 19..9.9 and on the and, accordingly, no environmental review has been undertaken. PLEASE TAKE FURTHER NOTICE following dates thereafter, namely on that copies of the proposed Local Law e _ of the Year 1888 are available for review and Inspection ................................................................. at the Office of the Town Cls* on. weekdays from 8:30 s.m. to 4:00 and ending on the -1.Oth ..... day of ,Feb p.m., at theTown Hall, 20 Mkldlebush .' Road, Wappingers Falls, New York. 19 9 9. both days inclusive. BY ORDER OF THE TOWN BOARD, . • Y OF THE TOWN OF WAPPINGER i ELAINE H. SNOWDEN, TOWN' .i ,:.CIEfiK Dated: Febru r;N 1�, f"' y Subscribed and sworn to before me this ..1.O.tb.... dayof .F .�. P�j..99 sees.. ����:`�.., .. . -. Notary Public My commission expires ................................. RACHEL WISHART NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN OUTCHESS COUNTY N 14-4855902 �J COMMISSION EXPIRES MARCH 31,