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1979-02-14 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER FEBRUARY 14, 1979 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. Accept Minutes 41eer :=4, 7gttee.rrnc — 2eof 1 t K (7q ?� 1/0,1 4. REPORTS OF OFFICERS Town Justices Zoning & Building Receiver of Taxes Grinnell Library Annual Report Planning Bd. Year-end Report Building Insp. Year-end Report CATV Quarterly Report tu"% 1-!or'tor.- NydraAA t3ejrt 5. RESOLUTIONS a. Recreational USE Development Zoning Amendment b. Lease Agreement - G. Schlathaus Property c. Settlement of Fire Hydrant damage claim - Stafford & Sholdis d. Settlement of claim - T/W vs. Beck & Son e. J. Landolfi Term Expired Zoning Board of Appeals f. Vacancy on Bd. of Assessment Review g. Appointing Insurance Agent h. Health Insurance i. Deputy Building Inspector j. Court Officers k. Purchase of New Car for Town 1. Request for Local Law on Parking - White Gates Apts. m. Request to Televise Town Board Meetings n. Bids for Cleanout Manhole at Oakwood o. Highway Bids for Materials ya. D......, czepali,,.. 312„ i_,_ Lw.. L-11 .,,e►ak: q. Shapiro - Mid Hudson Salvage Yard License R. 3rdredtJton o, Locat &atw awntnel“nei St ctRs 6. PETITIONS & COMMUNICATIONS a. Connie Smith re: Historical Sign b. Wildwood Manor - objections to billing increase, 0 & M sewer c. Planning Board re: Imperial Blvd. Connector Road d. R. E. Lapar re: Discharge of Plastic Pipe, Martin Drive e. R. E. Lapar re: Water Meters f. R. E. Lapar re: New Well at Tall Trees g. E. Hawksley re: Impact study for Floating Rec. Zone kcorrrs.. _F -ITT IC -Ryas -requests .perm s -start --to- L Lc.c.& Zumicripal -Pirrance Off icers Association Meeting - March 12-13 1 Pknq (3d- r cot,- ALA loop taus tbaua. SM Cz 4 er 7. COMMITTEE REPORTS ��` E fe . �' t ouJo. Lf2 Ci.k SUrVec Nt4 h, fs 1 -C't�r tti'{ fo K. l -octan 2c-ronrovs GtSSesy n.en+''� 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT 983 The Regular Meeting of the Town Board of the Town of Wappinger was held on February 14, 1979, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:15 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Elaine Snowden, Town Clerk Others Present: Rudolph Lapar, Engineer to the Town Jon Holden Adams, Attorney Minutes of the Special Meeting of December 29, 1978, the Reorganiza- tional Meeting of January 5, 1979 and the Regular Meeting of January 8, 1979, having previously been submitted to the Town Board, were now placed before them for their consideration. MR. JOHNSON moved that the Minutes of the Special Meeting of December 29, 1978, the Reorganizational Meeting of January 5, 1979, and the Regular Meeting of January 8, 1979, be and they are hereby approved as submitted by the Town Clerk. Seconded by Mrs. Mills Motion Unanimously Carried Reports for the month of January were received from Town Justices, Building Inspector and Zoning Administrator, Receiver of Tames, December Report from Town Justice Bulger, Hydrant Report from William Horton, Year-end Report from Planning Board and Building Inspector, CATV Quarterly Report, Grinnell Library Annual Report and the Annual Report from Caravan (Dutchess County Office of the Aging). MR. JENSEN moved to accept and place on file reports for the month of January from Town Justices, Building Inspector and Zoning Administrator, Receiver of Taxes, December Report from Town Justice Bulger, Hydrant Report from William Horton, Year- end Report from Planning Board and Building Inspector, CATV Quarterly Report, Grinnell Library Annual Report from Caravan. Seconded by Councilwoman Reilly Report and the Annual Motion Unanimously Carried The following resolution was moved by COUNCILMAN JOHNSON, who moved its adoption: WHEREAS, the Town Board of the Town it for consideration the adoption of an ordinance providing for the addition of and of Wappinger has before amendment to the zoning an Article 470 thereto, WHEREAS, under the provisions of the State Quality Environ- mental Review Act and under the provisions of local law no. 2 of 1977 it is incumbant upon the Town to make a determination as to whether or not such adoption will have a significant impact on the environment, and WHEREAS, the Town Board has duly deliberated and considered the impact of the proposed zoning amendment and completed the necessary environmental assessment form and reviewed as indicated by the attached documents, and WHEREAS, it is the collectivd determination of the Town Board that the adoption of the zoning ordinance will have no significant impact on the environment for the reasons indicated thereon, NOW, THEREFORE, BE IT RESOLVED, that it is the finding of the Town Board that the addition of the new Article 470 to the zoning ordinance of the Town of Wappinger will have no significant impact on the environment and BE IT FURTHER RESOLVED that the Town Supervisor be empowered to execute any documents recording said determination, and BE IT FURTHER RESOLVED that the Town Clerk file a notice of this determination with such individuals and agencies as required by statute or local law. Seconded by Councilwoman Reilly Roll Call Vote 5 Ayes 0 Nays Before the vote was that this amendment directly affect any the findings in the taken on this resolution Mr. Johnson commented to the zoning ordinance is a tool and does not parcel of property or determine any action, resolution are correct. Further determinations would be made at the time an application is submitted to the Board under this zoming. Mr. Incoronato, being recognized by the Chair, disagreed with this piece meal zoning and questioned the Board on a schedule for resuming action on thh adoption of a new ordinance. Mr. Johnson, Chairman of the Ordinance Committee informed those present that there had been definite action on their part to put the wheels in motion on a new zoning ordinance; they had met with 985 the Planning Board, the Town Board and the consultants and were presently working on a time table to present to the Board and he anticipated holding a public hearing sometime in May. Mr. Hawksley, being recognized by the Chair, referred to the resolution just read on the significance of this amendment on the environment, and asked if this would be referred to the various agencies and what is the time allowed for replying to the reasons stated. He felt he would like to comment on these declarations before any action was taken. Mr. Adams disagreed with him and 4100 felt he was confusing this with entitlement action, rather than direct action. 46, A Public Hearing having been held by the Town Board of the Town of Wappinger on January 15, 1979, on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger (Recreational Zoning), the matter was now placed before them for their consideration. The following Resolution was offered by COUNCILMAN JENSEN who moved its adoption: WHEREAS, on December 29, 1978, Supervisor Diehl by resolution moved the holding of a public hearing on an.amendment to the zoning ordinance creating a recreational use development zone, and WHEREAS, the proposed amendment was referred to the planning agencies of the Town of Wappinger and the County of Dutchess, and WHEREAS, by letter of the Dutchess County Planning Board dated January 12, 1979 recommending disapproval�fthe proposed amendment to the zoning ordinance, and WHEREAS, by letter of the Wappinger Planning Board dated January 16, 1979 approval was recommended subject to the incorpora- tion of two modifications set forth therein, and WHEREAS it is the intent of the Town Board to adopt said amendment incorporating the modifications recommended by the Town Planning Board, and WHEREAS, pursuant to General Municipal Law 239-m a statement of reasons must accompany the adoption of an amendment to the zoning ordinance when disapproval is recommended, NOW, THEREFORE, BE IT RESOLVED that the amendment of the zoning ordinance incorporating the changes recommended by the Town Planning Board be adopted for the following reasons: ONE: The proposed amendment will permit greater flexibility in the planning of recreational sites in the town while affording protection against the indiscriminate location otherwise. TWO: The proposed amendment establishes sufficient criteria to prevent indiscriminate misuse.of the recreational zone. 986 THREE: The minimum size of the eligible parcels (5 acres) coupled with review procedures will minimize the impact, if any, of recreation use development sites in residential zones. FOUR: Setback requirements are modified to conform with existing criteria and zones. FIVE: The Town Board as an elective body will be sensitive to those criteria outlined in the Planning Board's letter; formal incorporation of the same would dilute the flexibility sought by the town. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER BE IT RESOLVED and ordained by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance of the authority conferred by the laws of the State of New York, as follows: SECTION 1. The Town of Wappinger Zoning Ordinance adopted January 29, 1963 and amended from time to time is further amended by adding the following sections: Section 470.10. Legislative Findings and Purpose The Town Board finds it desirable, to promote the orderly growth of recreational facilities within the town and to establish a harmoniousliving environment relative to these uses that would be otherwise not possible through a strict Euclidian zoning ord- inance and to permit a flexible use toward land use for recreational purposes by not limiting the development of non-public recreational uses to any specific areas of the town but to permit placing of recreational developments in any area of the town where develop- ment of such use will be consistent and harmonious with the land use structure of that area. This local law will establish guide- lines to define, in part, what elements will be necessary to permit such recreational development and establish a mechanism for such development to safeguard those concerned. Section 470.15. Definitions. Recreational Use: This term shall be broadly construed and given its plain and ordinary meaning and shall include all tradi- tional forms of recreational activity but shall not be construed to extend to those-areas'that are traditionally in the form of entertainment rather than recreation such as movie theaters, amusement halls, etc. Section 470.20. Eligibility Requirements Subject to the terms of this local law, a recreational use devdopment will be permitted within all zoning districts of the Town of Wappinger upon approval of the Town Board. a. Each recreational development will comprise at least 5 (Five) acres of land having continuity without regard to dividing streets, whether public or private on which such tract may have frontage. b. Ownership of the land proposed for recreational develop- ment shall be that required by Section 460.32 of the zoning ordinance. c. Open Space. Not less than 30 percent of the total area of recreational development shall be composed of open space which shall be preserved in its natural condition. Such land shall have physical, topographical, and geographical characteristics which will adequately suit this purpose. Section 470.30. Minimum Design Standards. 0 8 7 Section 470.30. Minimum Design Standards a. No structure shall exceed two and one-half stories in height or 35 feet whichever is less. b. No building or structure shall be built closer than 50 feet from the street line or shall be built at a distance greater from any street line or boundary line which is less than that applicable in the district surrounding the property or adjacent to the property. c. Off=street Parking. The provisions of Section 454.07 of the zoning ordinance shall control this section. The Planning Board in reviewing the overall development plan may require a number in excess of the same if the proposed use requires the same and with due regard to the health, safety, and welfare of the uses of the facility and its surrounding community as a whole. d. Utilities. All utilities servicing any building or structure within the recreational use development shall be installed underground in the manner prescribed by applicable regulations. e. Roads and Highways. All interior roads and parking areas shall conform with the applicable standards contained in the regulations of the Town. f. Signs. Signs within a recreational use development shall be limited to one in number and shall have setbacks as required by the zoning law. g. Fire protection. A recreational use development shall be served with marked fire lanes adequate in design to serve the facility. h. Screening. Where non-residential use shall abut a residential use, adequate and substantial natural screening Shall be provided. Section 470.35. Location of Recreational Use Development The Recreational Use shall be applicable to any area of the Town as determined by the Town Board. Section 470.40 Application Procedure The applicant and town will follow those procedures prescribed in Section 460.40 and 460.42 (Planned Unit Development) excepting that references therein to Planned Unit Development or "PUD" shall be deemed deleted and substituted in its place shall be Recreational Use Development. SECTION 11. This Ordinance shall take effect upon adoption, posting and publication as provided by Town Law. Seconded by: Councilwoman Reilly ihre Roll Call Vote: 5 Ayes 0 Nays A letter was received from Mr. Rappleyea, Attorney enclosing a resolution of acceptance of a settlement on a claim involving damange to a Town fire hydrant. He recommended acceptance of this settlement. The following resolution was introduced by COUNCILWOMAN REILLY, who moved its adoption: WHEREAS, a cause of action was initiated on May 5, 1978 by the Town of Wappinger against Virginia Stafford and Mary A. Sholdis to recover expenses incurred by the Town of Wappinger to replace a fire hydrant on Cady Lane which was severely damaged in an accident which occurred on October 4, 1977 through the negligence of the defendants, and WHEREAS, a settlement has been reached with the defendants' insurer, the Crum & Forster Insurance Company, whereby the insurance company agrees to pay the Town of Wappinger the sum of Seven Hundred Fifty and 00/100 ($750) Dollars in full settle- ment of the above dispute, and be it further RESOLVED, that the Supervisor of the Town of Wappinger is hereby empowered and directed to execute a general release to Virginia Stafford and Mary A. Sholdis in the above matter. Seconded by: Councilman Jensen Roll Call Vote: 5 Ayes 0 Nays The following letter was received: January 2, 1979 Mr. Louis D. Diehl, Supervisor Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Town of Wappinger vs. Gary Beck d/b/a Beck & Son Dear Lou: I have negotiated a settlement in the above case for the amount of $258.76. This amount represents one-half of the amount which we originally sought to collect. This settlement also represents a change in the position of the insurance company which had originally denied the entire claim. I would recommend to the Town Board that this amount be accepted. If it is agreeable with the Board, I have enclosed a copy of a resolution and a general release. Please return the executed release at your earliest convenience. The Town may also want to consider whether or not it may be more feasible to discontinue the use oft:the service line in question. If you have any further questions, please do not hesitate to call. Very truly yours, Corbally, Gartland and Rappleyea s/ Allan E. Rappleyea The following resolution was introduced by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, a cause of action was initiated- on November 2, 1978 by the Town of Wappinger against Gary Beck d/b/a Beck & Son to recover expenses incurred by the Town of Wappinger to complete emergency repairs for a water break in the Tall Trees 460 989 Development which occurred on April 27, 1978 through the negligence of the defendant, and WHEREAS, a settlement has been reached with the defendant's insurer, The Insurance Company of North America, whereby the insurance company agrees to pay the Town of Wappinger the sum of Two Hundred Fifty Eight and 76/100 ($258.76) Dollars, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Wappinger is hereby authorized to accept payment of the amount of Two Hundred Fifty Eight and 76/100 ($258.76) in full settlement of the above dispute, and be it further RESOLVED, that the Supervisor of the Town of Wappinger is hereby empowered and directed to execute a general release to Gary Beck d/b/a Beck & Son in the above matter Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays MRS. MILLS moved to direct the Engineer, Mr. Lapar, to check the service line in question, per Mr. Rappleyea's letter and determine whether this line should be discontinued. Seconded by: Councilman Jensen Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: RESOLVED, that Joseph Landolfi, be and he hereby is appointed to fill the vacancy on the Zoning Board of Appeals of the Town of Wappinger, which has occurred by reason of the expiration of his term, and it is further RESOLVED, that the said Joseph Landolfi is hereby appointed to the said Town of Wappinger Zoning Board of Appeals for a term which shall expire February 1984. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays A letter of recommendation had been received from the Zoning Board of Appeals that Mr. Landolfi be reappointed to serve another term on said Board and also recommending that he be reappointed as Chairman of this Board. COUNCILMAN MILLS moved that Joseph Landolfi be appointed as Chairman of the Zoning Board of Appeals for the remainder of 1979. Seconded by Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays r 990 ' Mr. Stephen Saland, Attorney, being recognized by the Chair, submitted an application to the Board for a rezoning on the recently approved amendment to the Zoning Ordinance on Recreational Use Development. The Board declined to take action on this matter at this time. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that Stella Dlhosh be and she is hereby appointed to fill the vacancy on the Board of Assessment Review of the Town of Wappinger which has occurred by reason of Knud Clausen's departure from this State and whose term was unexpired, and it is further RESOLVED, that the said Stella Dlhosh is hereby appointed on the said Board of Assessment Review for a term which shall expire on the 30th day of September, 1982. Seconded by: Councilwoman Reilly Roll Call Vote: 4 Ayes Louis Diehl - -Abstain Mr. Diehl qualified his abstention due to the fact that he was not present when the Board interviewed Mrs. Dlhosh and therefore could not honestly vote since he did not know the woman or her qualifications. The following resolution was offered by COUNCILMAN JENSEN who moved its adoption: RESOLVED, that the firm of Marshall & Sterling, Inc. a general insurance agency doing business in the Town of Wappinger, Dutchess County, New York, be and it hereby is designated as the insurance agent for this town. Seconded by: "Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays A memo was received from Matthew Ryan, Comptroller regarding Blue Cross Health Insurance Coverage and other insurance proposal, and informing the Board they must elect to set the hours and/or salary that must be worked and/or earned to determine for these plans. MR. JENSEN moved that a minimum work week of 35 hours and/or full time employees, and minimum annual salary of $6,000 be established for those eligible for the plans. Seconded by Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays 1 99,E A memo was received from Mr. Diehl regarding the appointment of a Deputy Building Inspector and asking the consideration of the Board in this matter. Mr. Jensen stated that they had met with the Building Inspector for discussion of this matter and there were still areas they wished to research before taking action. MR. JENSEN moved to table action on this matter until additional facts were gathered. Seconded by Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN JENSEN who moved its adoption: BE IT RESOLVED, that all individuals hereinafter designated by the Town Board as Court Officers as such title is defined by the Uniform Justice Court Act have all those powers accorded to Court Officers by law during such time they are actually serving in such capacity, and BE IT RESOLVED that the Town Justices of the Town shall designate and schedule the days and evenings such individuals shall serve as Court Officers, and BE IT RESOLVED that one Court Officer be designated for each session of court unless the Town Justices determine that more than one be designated for any one session and, BE IT RESOLVED, that the Court Officers shall be compensated at the hourly rate of $4.00 for time actually served, and BE IT RESOLVED that the Town Justices shall submit to the Town. Comptroller on a weekly basis the names and hours served and that the Town Comptroller be empowered to issue remuneration consistent with the foregoing from funds appropriated for Justice Court Personal Services. BE IT RESOLVED that the following individuals be designated as Court Officers for the year 1979: Paul Speedling William Brown Arthur Waddle John Herring Albert Berberich Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays A memo was received from Mr. Diehl requesting the Board to consider a contract.for a new car since the vehicle assigned to the Building Inspector/Zoning Administrator was completely out of service and the repairs would cost more than the value of the car. A list of State Bids indicated that an AMC Concord could be obtained for $4,264.60. The vehicle presently being „ 992 used by Mr. Diehl would be transferred to the Building Inspector. COUNCILMAN JOHNSON moved to authorize the Supervisor to sign a contract with Begnal American Inc. of Kingston, New York for a 1979 AMC Concord, total price of $4,264.60 including rust - proofing, undercoating and rear view mirror, under New York State bidding. Seconded by Mr. Jensen Roll Call Vote: 5 Ayes 0 Nays It was agreed that the Town Clerk would prepare bids for the sale of the Toyota since there were some items on this car that could be of some value; tires, etc. A letter was received from the Resident Manager of White Gate Apartments requesting that a local law be adopted prohibiting parking in fire lanes in the apartment complex. The following Local Law was introduced by COUNCILMAN JOHNSON: A Local Law adopted pursuant to Vehicle and Traffic Law Section 1660-a. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. There shall be no parking or standing by any motor vehicle in lanes marked fire lanes within those parking areas and driveways maintained by White Gate Apartment, its successors or assigns. Section 2. It shall be the responsibility of the owner of White Gate Apartments, its successors or assigns to construct and maintain signs and other markings appropriate to identify fire lanes and to provide notice of tow -away restrictions and fines. Said signs shall conform to the uniform standards prescribed by the New York State Department of Transportation to the extent provision is made for such signs. Section 3. Any motor vehicle found standing or parked within an area designated as a fire lane may be removed or towed away and any owner or operator of such motor vehicle shall be subject to payment of reasonable fees for such removal and storage. Section 4/.., Violation of this local law shall be subject to a fine not greater than $25.00. Section 5. This Local Law shall take effect upon adoption and as provided by Municipal Home Rule Law. The following resolution was introduced by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 14th day of February, 1979 9 93 a proposed Local Law entitled "A Local Law Prohibiting Parking or Standing by Motor Vehicles in Fire Lanes Maintained by White Gate Apartments", and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing proposed Local Law by the Town on the 12th day of March, 1979 Town Hall, Mill Street, in the Dutchess County, New York. shall be held on the said Board of the Town of Wappinger at 7:45 P.M. on such day at Village of Wappingers Falls, 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger, by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilwoman Reilly Roll Call Vote: 5 Ayes 0 Nays The following letter was received: January 24, 1979 Town Board Town of Wappinger Town Hall, Mill Street Wappingers Falls, New York 12590 Re: Televised Proceedings Dear Members of the Board: Under the provisions of Town Law Section 63, the Board may establish by its own rules and regulations the conduct of its meetings. Included within this power is a power to either permit or prohibit recording of proceedings. The option to permit or not to permit such televised proceedings is one resting within your discretion. If you decide to permit such proceeding to be televised, you may want to consider whether or not you will also require, as a precondition thereto, that the tapes of the proceeding will be preserved for subsequent reference or whether they shall be not so preserved. Related to this question will be whether or not the transmitting organization will want to undertake that expense associated with preserving such records. In my opinion, some guidelines should be established with respect to this. Very truly yours, Corbally, Gartland & Rappleyea s/ Jon Holden Adams This opinion was in answer to a letter received from Mr. Len Marcus, District AV Coordinator from Wappingers Central School District, requesting permission to televise Wappinger Town Board meetings. 994 Mrs. Reilly felt they should meet with Mr. Marcus to discuss this subject further; Mr. Johnson agreed and the Board requested Mr. Diehl to set up a meeting with Mr. Marcus. It was agreed to table any action on this matter tonight. A report was received from Mr. Lapar on bids received for installation of cleanout manhole at Oakwood Knolls. Two bids were received --Wilson Excavators, 1nc.---$3,766.00 and Lafko Associates, 1nc.---$4,980.00. Mr. Lapar felt the bids to be excessive due to either misinterpretation of the work involved or the time of year and recommended that they be rebid. MR. JENSEN moved that the Engineer be directed to rebid for installation of cleanout manhole at Oakwood Knolls. Seconded by Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays The Highway Superintendent had advertized for bids for various Highway materials and No. 2 fuel oil. Bids were received and opened on February 5, 1979. Mr. Jensen questioned the fact that there had been no bid received for salt. Two companies had responded with letters stating they had prior commitments for their supply. Either prices are escalating too rapidly or there just is a serious shortage of salt. Another problem is state enforcement of weight laws; the carters are reluctant to bid because of the burden to the truckers. The following Bid Analysis and recommendations of the Highway Superintendent were received: 0 TOWN OF WAPPINGER 1979 BID REPORT 4,-UEL OIL AGWAY BOTTINI Per gallon .473 .515 Ibe Service $54.95 per unit $49.50 per MULTI -POWER .519 unit $45.00 per he Superintendent recommends the bid for Fuel Oil be .eetroleum Corporation. GASOLINE AGWAY PETROLEUM Per. gallon, HiTest No Bid Per gallon, Regular .50 The Superintendent recommends the bid for Gasoline Petroleum Corporation. BITUMINOUS ROAD MATERIALS Latex Emulsion Latex Primer & Sealer Latex MP Material Base Conditioner SPOOR-LASHER be VINCE'S .528 unit $24.50;$44.50; $84.50 per unit awarded to Agway awarded to Agway . 63 per gallon . 69 per gallon .65 per gallon . 69 per gallon The Superintendent recommends the bid for Bituminous e awarded to Spoor-Lasher Company. ITUMINOUS CONCRETE 1 A Top, per ton 1 AC Top 1 A Binder 2 A Binder 1 A Base Cold Mix AMENIA S&G $17.00 17.00 17.00 17.00 17.00 18.50 SPOOR-LASHER $17.35 17.85 17.35 17.35 17.35 17.85 Road Materials DUT. QUARRY $17.25 17.75 17.25 17.25 17.25 17.75 PKG. PVMT. $17.50 17.50 17.50 17.50 17.50 18.00 The Superintendent recommends the bid for Bituminous Concrete be awarded ointly to Dutchess Quarry and Spoor-Lasher. SALT kieargil Salt Cornpany and International Salt Company both responded to the bid with letters stating they were unable to bid due to prior contractual ,:3ommitments for their salt. 996 1979 BID REPORT (cont.) TIRES AND TUBES (see attached analysis) The Superintendent recommends the bid for Tires and Tubes be jointly awarded to B.F. Goodrich, Dutchess Bandag and General Tire. CULVERT PIPE (see attached analysis) The Superintendent recommends the bid for Corrugated Metal Pipe be awarded to Lane Supply Company; the bid for Asbestos Coated Pipe be awarded to Johns -Manville Company; and, the bid for Concrete Pipe be awarded to Dutchess Quarry and Supply. WASHED SAND (see attached analysis) The Superintendent recommends the bid for Washed Sand be jointly awarded to Redwing Properties and Southern Dutchess Sand & Gravel. CRUSHED STONE (see attached analysis) The Superintendent recommends the bid for Crushed Stone be awarded to Clove Excavators, Inc. RUN OF BANK GRAVEL (see attached analysis) The Superintendent recommends the bid for Run of Bank Gravel be award, to Clove Excavators, Inc. WASHED GRAVEL (see attached analysis) The Superintendent recommends the bid for Washed Gravel be jointly awarded to Clove Excavators and Redwing Properties. t„o UCS TUBES 450 X 16 Truck,and Bus Tubes °IW0 X 16 Truck. and Bus Tubes • 750 X 16 Truck:and Bus Tubes 825 X 20 Truck;and Bus Tubes 900 X 20 Truck.and Bus Tubes 1000: 20 Truck and Bus Tubes 1100 :_: 20 True and Bus Tubes TRACTOR TIRES 11L :: 16-14 ply 14.g X 24-6 ply rear .9 is 2.4-8 ply ACTOR TUBES ; 14.9 X 24 Farm.Service Tubes 16.9 X 24 FarmService Tubes OFF THE ROAD TIRES 17.5 X 25-12 ply Nylon Tubeless Loader 20.5 X 25-12 ply Nylon Tubeless Loader 1400 X 24-12 ply Nylon Grader Tube -type 1400 X 24-12 ply Nylon Grader Tubeless S100 X 24 Tractor Grader Tube - ' J) SERVICE DUTCHESS GENERAL BANDAG GOODRICH 4.04 2.82 4.80 4.78 3.32 4.80 5.80 4.05 5.90 9.02 6.05 8.20 11.13 7.14 9.00 12.18 7.81 10.90 14.92 9.54 12.50 N.A. 23.27 37.94 N.A. 98.48 134.68 N.A. 177.30 184.38 24.00 13.42 16.80 26.00 17.02 17.20 376.23 345.80 538.89 897.90 887.86 779.35 262.53 210.20 255.10 290.61 232.77 262.61 21.32 15.15 31.23 GENERAL - $20.00 per hour + $6.00 for mounting DUTCHESS BANDAG - $15.00 per hour GOODRICH - $13.00 per hour + $7.50 for flat repair 1979 BID REPORT • TRUCK TIRES (1V/LON) L'78 X 15-4 ply tubeless TIRES AND TUBES DUTCHESS GENERAL BANDAG GOODRICH 32.85 33.03 28.98 L78 X 15-4 ply tubeless traction 29.04 34.62 34.51 __. . _ 650 X 16-6 ply:tube-type 25.50 30.99 34.63 650 X 16-6. ply_tube-type traction 27.50 31.15 37.30 I 700 X 16-6 ply!tube-type traction 33.31 37.52 51.00 750 X 16-6 plyltube-type 34.97 33.03 42.10 750 X 16-8 ply tube -type traction 43.25 45.71 55.10 750 X 20-8 ply. tube -type 50.00 55.99 62.10 I 825 X 20-10 ply' tube -type 61.94 76.22 88.30 825 X 20-10 ply tube -type traction 71.16 78.74 100.00 825 X 20-12 ply tube -type 74.19 91.36 101.90 825 X 20-12 ply tube -type traction 89.12 N.A. N.A. 900 X 20-10 ply tube -type 74.59 91.73 105.10 900 X 20-10 plY tube -type traction 85.72 94.91 115.20. 900 X 20-12 ply tube -type 89.34 110.00 120.40 900 X 20-12 ply tube:type traction 102.72 113.70 144.50 1000 X 20-12 ply truck type 94.56 116.45 140.10 1000 X 20-14 ply truck type 112.31 138.16 157.20 1.000 X 20-12 ply truck type traction 108.75 120.39 159.20 1000 X 20-14 ply truck type traction 134.84 142.94 172.20 1100 X 20-12 ply truck type 111.31 137.05 159.40 1100 X 20-12 ply truck type traction 128.03 141.64 174.90 -CONCRETE 12" 15" 18" 21" 24" 30" 36" 48" 60" w O >I 4 /-t 0 S-1 4Jrj ✓ V • 0 3.85 4.80 6.79 8.40 11.04 15.60 21.50 36.50 59.40 999 CULVERT PIPE (con 1000 • CORRUGATED a NE T A _,,COATED EDGERTON CAPITOL CULVERT PIPE PER FOOT 0 W • U 12" 16ca. 3.65 3.90 3.92 3.94 15" - 16;a. 4.53 4.80 4.86 4.89 18" - 16ga. 5.41 5.65 5.79 5.84 24" - I4ga. 8.45 9.45 9.02 9.12 30" - 1=r 10.64 11.80 11.24 11.35 16.20 18.90 17.90 18.12 36" - 12ga. 48" - 21.90 25.20 ' 23.78 24.00 60" - j34.49 39.30 36.20 36.58 Unc f.- _ --- 6" P::_-_ , 1.51 1.45 ? 1.64 1.44 8" Per. 2.05 2..55 2.60 2.29 Same (Same same same Banes as 1 ft.as 1' as 1' as 1' ASBILSTOS COATED 12" 16" 18" 20" 24" 19 79 BID REPORT JOINS -MANVILLE 3.41 5.91 8.26 9.72 14.00 30" I 21.73 36" 39" 42" Ccu; i i g s 30.34 N.B. N.B. 1 incl Pems_._e._ig t h DD1?R 1" 4 Cu.Yd.FOB Cu.Yd.Del. Ton FOB! Ton Del CRUSHED STONE 3" 8 Tail Rim of 11/2" 21" ingt (Rank Washed Sand 1„ 4 4'° ._._. 7.13 .aa 7.oa $.c>a ,_-__ __ $.!$ , 8_45' 3„ 8 WASHED GRAVEL 1.“ 1 2 5” 3,r 4 BID REPORT 19 79 'Tai] IP 24,E ing.9, 4•g Yd. 1013 po _ 4.75... f.7.5o Ton FOB Ton Dol I cu.vc1. roti Cu.Yd.Dell Ton FOB I4.90 £�4.ia y40 'I.3L�,50 Ifs. Ton Del Cu.Yd.FOB „Cu.Yd.Del .Ton FOB Ton Del .Cu.Yd.FOB Cu.Yd. De.l <L IT "Oo 445(..?6' f,.35 4.b5 i I '. a 5 eSes 11.2r $.15. ^..r. -W , 7,at, 2.+n '100 Untto.,et<0 . Ton FOB Ton 1)c•1 Cu.Yd.FOB Cu.Yd.Dr•.1 Ton .013._._ Tnn flr 1 Cu.Yd.FOB FOO 2 MR. JOHNSON moved to accept the Highway Superintendent's recom- mendations and award the bids for the various Highway materials and #2 Fuel Oil as given by him. Seconded by Mrs. Mills Motion Unanimously Carried The matter of a Salvage Yard License for Mid -Hudson Auto Wreckers was again placed before the Board. Communications had been going back and forth between the two attornies concerning a resolution adopted by the Town Board dated November 13, 1978 listing conditions that had to be met in order to comply with the requirements needed to obtain the license. Mr. Johnson felt no further vote was need from the Town Board; the Town Clerk wanted direction on when she was supposed to issue this license; were all conditions met, was the Board in agreement that the license could be issued, she needed answers. It was now up to the Zoning Administrator to determine if all conditions had been met to his satisfaction and make a final report to the Board—this was the opinion of Mr. Johnson. MR. JOHNSON moved that Mr. Ruit, Zoning Administrator, be instructed to report on the compliance of Mid -Hudson Auto Wreckers, Inc. with the conditions set forth in the resolution adopted by the Town Board November 13, 1978. Seconded by Mrs. Reilly Motion Unanimously Carried Mr. Incoronato, being recognized by the Chair, asked if Mid - Hudson Auto Wreckers Inc. was operating without a license. Mx. Diehl replied that they were and they were entitled to by law. Mr. Adams explained that the position they take is that inasmuch as they were previously operating, the right cannot be cut off until he has been given an opportunity to correct all violations and the Board makes a determination after having heard.all the evidence. The Board is still considering certain factors, and until they have made a decision, the business is allowed to operate. A letter was received law which would amend Environmental Quality the Board for them to Hawksley, upon being there might be other from Mr. Adams enclosing a proposed local a prior local law implementing the State Review Act (SEQRA). He submitted this to set a public hearing on, however, Mr. recognized by the Chair, commented that amendments forthcoming that would need public hearings; it would be,better if they could all be done at one hearing rather than hold several. The Board agreed to table action on this local law until the next meeting. Mrs. Connie Smith, Town Historian, was present to speak to the Board on an historical sign she wished to purchase and erect. The place was on All Angels Hill Road known as Mt. Hope Peak, which was the highest point in the Town altitide of 1,000 feet above tide going Mrs. Smith had researched prices on the familiar with them had referred them to of Wappinger with an back as far as 1882. sign,+but not being Mr. Horton, Highway 1 00 3 Superintendent. At Capital Highway Materials, this sign would measure 24" x 48", would cost approximately $77..20, would read "Mt. Hope Peint, Highest Point in the Town of Wappinger, 1,000 feet above tide; this beacon was erected here by the close survey to serve as a point in the triangulation of the Hudson River Vailey". She had a choice of colors and asked the Board for their opinion of this. The money was available in her Historian Account and she requested further permission to seek the Highway Department's help in erecting this sign. There was some discussion about the accuracy of the fact that this spot was indeed the highest point; some felt it was in the Cedar Hill area, but Mrs. Smith insisted she had researched it and this was accurate. MRS. MILLS moved that permission be given to Mrs. Smith Town Historian to purchase and erect a sign indicating the highest point in the Town of Wappinger and she should use her own discretion as to choice of colors and also to seek the cooperation of Mr. Horton when the sign was ready to erect. Seconded by Mr. Johnson Motion Unanimously Carried 100'4 A letter was received from the Wildwood Manor Apartment Complex conceening an increase in their O&M charges for the Wildwood Sewer District. They formally paid $2,775 per quarter based on a 3/4 unit for each apartment; however they should have been paying based on a charge of 1 unit for each apartment and it would raise the fee by $3,700 or $37.00 per apartment. Their complaint was that a three or four room apartment is not equal to a single family dwelling, some with three or four bedrooms. They asked that the Board reconsider the matter and reinstate the previous assessment. The Board had previously discussed the matter and felt this was the way he had to be, this was the position they were taking. MR. JENSEN moved to receive the letter and place it on file. Seconded by Mr. Johnson. Motion Unanimously Carried A letter was received from the Planning Board urging the Board to consider an Imperial Boulevard Connector Road and felt it should be completed to Myers Corners Road. They felt strongly that both Town and Village Planning Boards thould cooperate in this matter and move with speed to accomplish this project. The Town Board felt they were reminding them as it had been previously discussed by both Boards; they certainly concurred with the Planning Board in this matter but there was a matter of finances, and they would have to take one step at a time to accomplish the various projects they had discussed. Mr. Diehl directed that a letter be sent to the Planning Board advising them that it is the intent of the Town Board to proceed with this connector road when it is financially feasible. The following memo to Mr. Diehl from Mr. Lapar was read: February 1, 1979 Memo To: Louis D. Diehl, Supervisor From: Rudolph Lapar, Engineer to the Town Subject: Discharge of Plastic Pipe onto Martin Drive from 49 Martin Drive (Residents of James & Francene D' Aleo ) During the construction of the Martin Drive, Mid -Point Park Storm Drainage System, our inspector was informed by the owners of 49 Martin Drive that the white plastic pipe discharging from their property was the drain from their swimming pool and there- fore, deemed no problem during the winter months. On January 31, 1979, together with Bill Horton, Highway Supt. and Ken Croshier, Deputy Highway Supt., we observed that said pipe is presently discharging a large amount of water into the street, causing a dangerous icing condition. It is my recommendation that you inform the said resident to cease and deceast from such action and either cut off the pipe and replace the curb, or tie said surface water into the Town Storm Sewer System as soon as possible. It is our further recommendation that if this is not done in a reasonable time, the Towns' Attorney take whatever legal steps necessary to have the homeowner remedy this situation. s/ Rudolph E. Lapar Engineer to the Town MR. DIEHL moved that a letter be sent to the owner of the said property to take the necessary action to remove the pipe as stated in Mr. Lapar's letter and further to notify Mr. Horton of this action so that he can make a site inspection and advise the Board of the completion of this removal of the pipes or whatever corrective action was taken, with a time limit of 30 days. Seconded by Mrs. Mills Motion Unanimously Carried The following letter was received: January 9, 1979 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Water Meters Town of Wappinger Dear Board Members: Based on my letters to Neptune lack of problems over the last that all meters be bought from Supplier. Water Meters Company and the five (5) years, we would recommend an approved Town of Wappinger In addition, all meters in unheated areas of the home or areas subject to freezing, should be protected by the homeowners. Specifically, call attention to unheated garages that might be left open on very cold days and could damage the meters, which along with the waterlines that are subject to freezing. Very truly yours, s/ Rudolph E. Lapar Engineer to the Town 1006 In regard to the problem they seemed to be having with the meters in the cold weather we have been experiencing, Mr. Lapar said he would put an addendum on the installation specs that the owners should keep the meters in a heated room and that the Town would not be responsible for them once they were in the residents"home. Mr. Johnson suggested sending a notice to the homeowners with the bills although they were already sent out for this quarter. Mrs. Mills asked the press to make note of this and alert homeowners to house the meters properly. The following letter was received: January 26, 1979 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: New Well at Tall Trees Dear Board Members: As you may well be aware, a new well was drilled and tested in the fall of 1976 for Proposed Tall Trees Section IV. Although this well was not approved (see our letter of March 1977 enclosed) the well could certainly be used as an auxiliary to the Tall Trees System. We do not know if Round Tree Builder Corp. has any pre- prioritary rights to the drilled well, if they do not, then the Town could proceed to test the well and make application to the D.C.H.D. for use. Elements of construction would include a well enclosure and alteration to the existing well house with related pumps, piping and appurtenances. COST ESTIMATES 1. Tandem 24 hour pump test to determine safe yield of both wells.* 24 hrs. @$100/hr. 2. Construction of well enclosure and alteration to existing pump house SUB TOTAL 3. Contingencies and Engineering (10%) TOTAL COST $ 2,400. 25,000 27,400 2,600 $ 30,000 We would be pleased to proceed with testing, application and bidding if you so desire, after a legal decision on rights to well drilled by Round Tree Builders. Please Advise. Very truly yours, s/ Rudolph E. Lapar, P.E. *The existing well will, of course, pump into the system and the water will be used as usual. Mr. Diehl directed the Attorney to write to the developer for the information needed as to pre-prioritary rights etc. and this matter will be tabled until the next meeting. UE 0 7 The next matter on the Agenda was a letter from Mr. Hawksley, Chairman of the Conservation Advisory Council regarding the Floating Recreation Zone and the fact that the Council felt that an Environmental Impact Statement would be required. This subject had been discussed previously at the adoption of the amendment and therefore needed no action from the Board. A letter was received from the Planning Board asking the Board to urge the County to have internal bus pickup in the proposed Waldbaum Shopping Center site, rather than on Route 9. There was enclosed with this communication a letter from Eric Gillert, Associate Planner of Dutchess County Department of Planning addressed to Victor Fanuele, Chairman of the Planning Board. The letter stated that one of the planners in the Transportation Division of the County Planning had reviewed the design of the shopping center and determined that an internal stop was not justified and that the county busses would stop on Route 9 for pickup. MR. JENSEN moved that a letter be directed to the Dutchess County Department of Planning stating that the Town Board of the Town of Wappinger respectfully requests that a shelter be installed within the Waldbaum Shopping Center for internal pickup of passengers for the loop bus rather than on Route 9; the County Legislators of Wappinger should receive a copy of this communication and also enclose copy of Mr. Gillert's, letter. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Diehl requested a fifteen minute recess at 10:05 P.M. The Board reconvened at 10:30 P.M. and all Board members were present. Under Committee Reports, Mrs. Smith who was present earlier and had since departed left a message with the Town Clerk that Community Day for the Town of Wappinger had been set for September 9, 1979, the themewould be Story Book Land, and the first meeting would be on March 28, 1979 at Town Hall, for those interested in participating. She had requested that the Town Board members attend and participate. 1 0 0 8 Mr. Jensen reporting on Tri -Municipal stated that the EPA and DEC had indicated that they would approve that addendums to the consultant's work be completed. The consultants met with Ecol Sciences to structure Task A which involves compiling of 16,000 letters to be sent out, which would be a questionaire type form, self addressed envelope which will be returned to the Commission and EPA for their review. They had their election of officers and they remained the same as last year --Mr. Jensen, Chairman, Vice Chairman, Arthur McCluskey, Secretary Peter Schinella, and Treasurer, Katherine Carroll, which represents one from each Town. Mrs. Reilly, Chairman of Building and Housing Committee reported that she and Mr. Jensen met with an architect to discuss anew Town Hall, on the site at Middlebush Road. They had requested him, at that time, to submit a cost for conducting a survey of the Town offices. She had received his proposal in the amount of $600.00 and she requested that the Board act on this tonight so this project could be started. The proposal read as follows: Louis Battoglia Associates, Architects 24 Bedford Avenue Fishkill, N.Y. 12524 February 13, 1979 Town Board Town of Wappinger Wappingers Falls, N.Y. Re: Proposed Town Offices Wappinger, New York Members of the Board: On Thursday, February 8, 1979, I met with Board members, Mrs. Janet Riley and Mr. Leif Jensen in general discussion about a possible Town Offices project. As a result of this discussion, I was asked to submit a fee proposal for the conducting of a space needs survey in order to arrive at the amount of building space needed to accommodate the various Town departments. Accordingly, I offer the following: The Architect shall meet with the Town Board or a Committee of its choice as required to define the functions, personnel and departments for which a building or buildings must be considered. 1009 On the basis of such input, the Architect will perform the studies needed and provide a report setting forth the office areas recommended along with an estimate of the total building area needed; such estimate being suitable for future architectural preliminary planning of Town building or buildings. The fee proposed for the above is $600.00. Should the Architect be made the Architect for the Town Offices building project, the afore -mentioned fee shall be credited towards the architectural fee for the project. It is understood that acceptance of this proposal by the Town Board will in no way bind or obligate the Town of Wappinger beyond the above. I would look forward to serving the Town of Wappinger and hope that the above may receive your favorable consideration. Very truly yours, s/ Louis Battoglia, A.I.A. MR. DIEHL moved to accept this offer under the conditions offered from the firm of Louis Battoglia Associates, Architects. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes Mrs. Mills ---Nay Mrs. Mills qualified her Nay vote by stating that this was the first she had heard of this meeting and proposal and she has not had the opportunity to study it. She would have liked to discuss it further and see if this was the way to go; she has no objection to a new Town Hall. Mrs. Mills asked Mr. Diehl about the situation with Atlas Water, a private water company serving the Wildwood Area; it seems they had problems with the service during the past week. Mr. Diehl had contacted the Dutchess County Health Department with a report on the lack of service. They in turn had contacted Mr. Lafko owner of the water company and had arranged to put in a back-up generator which would be installed sometime in the month of April; it seems most of the problem was from power failure. Mr. Diehl expected to get confirmation on this from Mr. Gray in the Health Department. Mr. Johnson wished to speak on the new amendment on recreational use development that was just adopted and its effect on the present zoning ordinance. Should they amend the ordinance so that all recreation would come under this one new floating zone, should they remove permitted use of recreation; would that take away a tool. 1 01 0 Mr. Adams suggested that it might be appropriate to amend the existing ordinance to remove the recreational uses since there might be inconsistencies; put it all under the floating recreation. Mr. Johnson then reported on the progress of the new proposed zoning ordinance or modified one which has been discussed with members of the Planning Board and zoning Board of Appeals and the planning consultant. There will be slight modifications but not deviations from what had been previously proposed by the previous Town Board. At this time it looked like they might be able to have a public hearing in May give or take thirty days. He felt it should be before the vacation period so there would be public participation. Mrs. Mills had questionsabout the Hydrant Report that is sub- mitted by the Highway Department each month. Going through this report she found details on individual hydrants and what the problem was but nothing on the solution of the problem --were they repaired? She would like clarification on this. How many are actually completed and in service? Mr. Jensen commented on the detail written on some of the hydrants -- riser too high or riser too low. Actually, he stated there is no certain height it has to be; they do not have to be a certain height above the ground in order to make it functional. A lease was submitted to the Town Board for approval on the Schlathaus property,. which had been prepared by the Attorney. Mr. Diehl felt that by leasing the house it would be kept in good condition since the provisions of the lease were that the house be maintained and the grounds taken care of. The conditions read as follows: In addition to the payment of rent heretofore provided, it shall be the responsibility of the Tenant to act as Caretaker for the premises to safeguard the same from uses inconsistent with the recreational use of the premises. All rents paid by the Tenant shall be placed in a separate account by the landlord and shall be used by the landlord only to promote the recreation uses of the land as expressed in the last will and testament of George Schlathaus. 10 The leased premisesshall not include the basement area not used for tenant's washer and dryer. The Tenant shall mow the existing lawn area surrounding the premises. The area of premises other than the residence shall remain accessible to recreational uses conducted by the Town. Mr. Johnson wished to make it clear that other areas and buildings not included in the lease could be used by the Town for recreational ‘0,0 facilities, hence the last condition was added. MRS. REILLY moved that the Supervisor be authorized to execute the lease on behalf of the Town of Wappinger. Seconded by Mr. Johnson Motion Unanimously Carried MR. DIEHL moved to set a Special Meeting for February 23, 1979 at 5:00 P.M. for the purpose of considering the proposal submitted by Sheraton Enterprises on RUD, and any other business that may come before the Board. Seconded by Mrs. Reilly Motion Unanimously Carried MRS. REILLY moved to adjourn the meeting, seconded by Mr. Jensen and unanimously carried. The Meeting adjourned at 10:57 P.M. Reg. Mtg. 2/14/79 oiw C_Qctukc,_ Elaine H. Snowden Town Clerk