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1993-06-28 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JUNE 28, 1993 7:00 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES: Reg. May 24, Special June 14, '93 4. REPORTS OF OFFICERS: Town Justices Sup/Compt Receiver of Taxes Bldg. Insp. Zoning Adm. Dog Control Officer H. Supt. Report on attendance at Cornell conference 5. PETITIONS & COMMUNICATIONS a. Request from Chelsea Fire Dist for H. Dept to install drainage pipe - w/corr. from H. Supt. b. Andrew Layer request for exemption of T/Ordinance re: Castle Point Employee picnic at Castle Point Rec. Area c. Rob't Lerner re: dangerous traffic condition on Diddell Rd. d. J. Gunsch, NYSDOT Traffic Eng., to J. Grogan, Eng. D. Co. re: T/W linear Speedd limit request for Smith Crossing & River Rd.N. e. Walter Kessler application for Hawking & Peddling Lic. - Hot Dogs f. T. Logan request permission to attend Assessors conference in Cornell 7-18 thru 7-23-93 g. Notification of intent to renew liquor licenses from: Maria Tavare, E.T. Deli: Dairy Marts of Hughsonville & Wapp. Falls (on Myers Coi h. Marianne Verano re: Water backup - result of flushing Atlas -i. Frederick P. Clark Assoc's Memorandum to Ping. Bd. re: Wapp'. Golf Park Site Plan & Special Use permit J. J. Paggi, Eng. to Twn., Reports: (1) Tri -Muni Waste Water Treatmei Facility (2) Smithtown Rd. Drainage k. A. Roberts, Attny to Twn., Corr; re: Luparelli Parcel on Creek Rd. --l. Mrs. Robin Barrett request for "Children at Play" sign & 15mph spe( limit on Pine Hill Drive m. P. Crocker, Eng. NYSDOT re: Resurfacing Rte 376 ,"n. Mary Peters re: Mailbox broken by Snow Plow o. Requests for return of Escrow Funds by: RRS Const., Lot 3 Peter Di $5,000: O'Donnell Dev. Crop., Lot 16 & 19 Spring Terr. $2,000 ea. Castle Craft Homes, ,to D. Eisenmann, Lot 14 Woodland Ct., $3,000: Jas. Godbout, Smith Crossing, $2,500: John Kozak, Lot 12, Nicole Farms, $3,000: Jos. Minotti, Lot 20 wyndam Crossing $2,000 6. COMMITTEE REPORTS 7. BONDS AND LETTERS OF CREDIT a. H. Levenson Report b. Request for Bond reduction - S. Gatanis, Lookout Point Subd. 8. RESOLUTIONS a. Bids for Sr. Citizen expansion b. Bids for Salt Storage Facility, c. R. Holt, Rec. Ch. requests for: Transfer of funds from A 7020.2 to A 7020.4 (2) Transfer from A 7110.2 to A 7110.4 (3) Request for P.0's for the Concerts d. U.S. Cable#i.sion ranc�A Agreggment & set date for Public Hearing for July 26th�Qn �eN4t`ac'l `e. J. Paggi, re: Propose Bldg. Extension Storage for Voting Machines Highway Site ,-`f'. Alcohol & Drug Abuse Policy --- g. Resolution forwarded from Towns of Chester & Blooming Grove h. Acceptance of Woodland Ct. Road ;- i. Consider Rezoning for Capolin• LL =j Consider adoption of Rec. increase of Fees LL k. Supervisor: Authorize J. Paggi to prepare Map, Plan and Report for / Feasibility study of Chelsea/Fishkill Sewer hookup 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT , REMINDER: PUBLIC HEARINGS START AT 6:30 Second at 6:50 P.M. t/ rs 930628.RGM REGULAR MEETING MINUTES TOWN BOARD OF WAPPINGER JUNE 28, 1993- The 993 The regular Meeting of the Town Board of the Town of Wappinger as held on June 28, 1993 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the Meeting to order at 7:05 P.M. Present: Constance Smith, Supervisor James Mills, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Robert Wallace, Councilman Elaine Snowden, Town Clerk Absent: None Others Present: Albert Roberts, Attorney to the Town Joseph E. Paggi, Jr., Engineer to the Town Herbert Levenson, Zoning Administrator The Supervisor asked all to join in the Pledge of Allegiance to the Flag at the commencement of the Meeting. MINUTES The Minutes of the Regular Meeting of May 24, 1993; and the Special Meeting of June 14, 1993, having previously been forwarded to the Board Members, were placed before them for their consideration. MRS. VISCONTI moved that the above stated Minutes, be and they are hereby approved as submitted by the Town Clerk. Seconded by Mr. Wallace. Motion Unanimously Carried REPORTS Reports for the month of May were received from the Town Justices, Supervisor/Comptroller, Receiver of Taxes, Building Inspector, Zoning Administrator, and the Dog Control Page 1 930628.RGM Officer, Highway Superintendent's Attendance Report from his conference at Cornell. MRS. VISCONTI complimented Mr. Graham on his report. MRS. VISCONTI moved to accept the above stated reports and place them on file. Seconded by Mr. Wallace PETITIONS & COMMUNICATIONS Motion Unanimously Carried The first item is a request from the Chelsea Fire District for the Town Highway Department to help them install drainage pipe along with correspondence from Graham Foster indicating that he feels the project should be Town approved. The Supervisor stated that the request was discussed in a Work Shop and feels that everyone was in agreement. MRS. VISCONTI moved that the Board authorize the Town Highway Superintendent to complete the project as scheduled to commence. Seconded by Mr. Wallace Motion Unanimously Carried A request from Andrew Layer, employee of the Castle Point V.A. Employee Association, asking for an exception be made to the Wappinger Town Ordinance prohibiting alcoholic beverages on Town Park premises. The association is sponsoring a picnic on August 14, 1993, and they would like to serve beer at this event. The Supervisor moved that the Board do not, allow the exception as it would. create a precedent. Seconded by Mr. Wallace Motion Unanimously Carried The Town Clerk to write a letter to Mr. Layer. A letter from Robert Lerner regarding a potentially serious traffic condition at Diddell Road and Smith Crossing Road. Graham Foster, Highway Superintendent, stated that he had a problem with the letter indicating that. the Town is liable to a law suit once we are notified writing. Page 2 930628.RGM I0�, MRS. VISCONTI moved that the Board refer the letter to Mr. Foster, Highway Superintendent and put up appropriate signage. Seconded by Mr. Wallace Motion Unanimously Carried A copy of a letter was received from Ms. Jean Gunsch to Mr. Joseph Grogan regarding linear speed limit on Chelsea River Road North and Smith Crossing Road. MR. MILLS moved that the correspondence be accepted and placed on file. Seconded by Mr. Wallace Motion Unanimously Carried An application from Mr. Walter Kessler for Hawking and Peddling for hot dogs - Poshis' Push Puppies was presented. MR. WALLACE moved that the application be approved and the License be issued. Seconded by Mrs. Visconti Motion Unanimously Carried Next was Mr. T. Logan's request to attend the New York State Assessor's Association Seminar at Cornell University from July 18 - 23, 1993, at no cost to the Town. MR. MILLS moved to approve the request to attend the Seminar and that his legitimate expense be a Town charge. Seconded by Mr. Wallace Motion Unanimously Carried Notices of intent to renew liquor licenses were received from (A) E.T. Deli and; (B) 2- Dairy Mart (1) Hughsonville Mart, Inc., and (2) Wappinger Falls Mart, Inc. MR. Valdati moved to accept the notifications and place on file with no comment. Seconded by Mr. Wallace. Motion Unanimously Carried Page 3 ON 930628.RGM A letter was received from Marieanne Verrano regarding a bill which was sent to her from All Star Water in the amount of $164.09 for the repair and recharge of her water softener system as a result of the flushing of the water hydrants by CAMO Pollution Control of both the Central Wappingers and Atlas Water Districts. The Supervisor stated that at the Work Shop Meeting it was suggested that she get in touch with Mrs. Verrano and have her get in touch with All Star Water because we felt that her problem was a result of something that they had done. Mrs. Verrano did and consequently called the Supervisor last week and said that the bill had been "washed", that there was no bill.. The Supervisor commented that it was on the agenda to show that this letter had been addressed. MRS. VISCONTI moved that the correspondence be accepted and place on file. Seconded by Mr. Wallace Motion Unanimously Carried Memorandum from Frederick P. Clark Associates, Inc., who are our Planning Consultants. The memorandum is to the Wappinger Planning Board regarding the Wappinger Golf Park Site Plan and Special Use Permit Application. The Supervisor remarked that this was put on the Town Board to show a what an excellent job he has done and should be complimented on his work. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mrs. Smith Motion Unanimously Carried Two reports were received from Paggi & Martin, Engineer to the Town. The first is regarding Tri -Municipal Waste Water Page 4 930628.RGM Treatment Facility: Dear Supervisor Smith: I am in receipt of a copy of a letter from Ralph Manna of the New York State Department of Environmental Conservation to Carol Garrity, Chairperson of the Tri -Municipal Sewer Commission, dated June 2, 1993. Upon review, I found myself somewhat confused as to the renewal of the Part 360 permit for the composting operation. As you know, the Town had previously sent correspondence to the New York State Department of Environmental stating that they did not feel it wise for the Town to include the covering of the sides of the compost, structure in the SPDES permit modification. I contacted Peg Dukes, Regional Permit Administrator, to clarify this matter. She stated to me that the covering of the two sides of the compost facility was removed from the SPDES Permit Modification Application and included in the Part 360 permit renewal. With this in mind, the directive was made to the Commission and not to the Town. It was Ms. Dukes' position that this was a methodology of removing a sensitive part of the project from the modification and including it under a renewal type process. If there are any other questions or comments, please do not hesitate to contact this office. VTY; Joseph E. Paggi, Jr., P.E. MRS. VISCONTI moved that the above correspondence be accepted and placed on file. Seconded by Mr. Wallace Motion Unanimously Carried The second is a letter to the Town Supervisor regarding the drainage concerns on Smithtown Road in response to Graham Foster's letter of May 5, 1993. The Supervisor stated that J. Paggi, Engineer to the Town, be authorized to do a report. Mr. Paggi remarked that he is requesting time to do some preliminary surveying and engineering calculations to give the Town Board accurate figures. MR. MILLS moved to give Mr. Paggi authorization to do some preliminary surveying and Engineering calculations. SecGnded by Mrs. Visconti Motion Unanimously Carried Page 5 930628.RGM Next is correspondence to the Town from Mr. Al Roberts, Attorney to the Town, regarding the Estate of Maria Lupparelli/Parcel on Creek Road. The Town Supervisor stated that she would like authorization to have a title search done on the property because it appears that there will be some problems. Mr. Roberts further commented that there are some major title defects. MRS. VISCONTI moved that Mr. Roberts, Attorney to the Town, be authorized to do a Title Search. Seconded by Mr. Wallace Motion Unanimously Carried A letter from Robin Barrett requesting that a sign be put on Pine Hill Drive reducing the speed limit of 30 miles per hour to 15 miles per hour. She also wants a sign "Children at Play" to be installed. Mr. Foster stated that we cannot, change the speed limit but can put up the "Children at Play" sign if there is not, one now. MRS. VISCONTI moved to authorize G. Foster, Highway Superintendent to put up a "Children at Play" sign, if it, is not already there; and write a letter regarding the "15 MPH" speed limit. Seconded by Mr. Wallace Motion Unanimously Carried Next is a letter from the New York Department of Transportation regarding preventative maintenance - repavement of Route 376 from Fishkill Plains to New Hackensack Road. MRS. VISCONTI moved to accept, the correspondence and place on file. Seconded by Mr. Wallace Motion Unanimously Carried A letter from Mary C. Peters was sent to the Town in regards to her mailbox post being broken by a Town Snow Plow this past Page 6 930628.RGM winter. MRS. VISCONTI moved to give correspondence to G. Foster, Highway Superintendent, and place on file. Seconded by Mr. Wallace Motion Unanimously Carried Several requests for Return of Escrows for. Lot #20 - Wyndham Crossing, Cady Lane Homes for Seeding in the amount of $2,000.00 from Joseph Minotti. Lot #12 - Nicole Farms for Grading and Seeding in the amount of $3,000.00 from John Kozak. Smith Crossing Road for Driveway and Seeding in the amount of $2,500.00 from James Godbout. Lot #14 - Woodland Court, Castle Craft. Homes for Seeding in the amount of $3,000.00 from David Eisenmann. Lot #19 - Spring Terrace, for Grading and Seeding in the amount of $2,000.00 from O'Donnell Development Corp. Lot. #16 - Spring Terrace for Landscaping in the amount of $2,000.00 from O'Donnell Development Corp. Lot #3 - Peter Drive for Seeding Driveway in the amount of $5,000.00 from R.R.S. Construction. MR. Valdati moved that all Escrow Funds be returned based on all the proper documentation being submitted by the firms. Seconded by Mrs. Visconti Motion Unanimously- Carried COMMITTEE REPORTS Mr. Mills gave a short report on an Executive Seminar entitled "Achieving Quality Through Self -Directed Work" on May 26, 1993, held at Dutchess Community College. It was a 2 -hour seminar directed toward Municipal Workers which he stated would be something the Town should look at. He stated that it was very interesting and he will give copies of his report to the Town Clerk for everyone to read if and when they have the time. He further stated that one of the Gentlemen who spoke, Dr. David Conklin, is himself a Municipal worker and has about. 300-400 Page 7 930628 . RGM people working directly under him. Dr. Conklin has been involved in self-directed work for several years, and gave a whole litany of things which they have accomplished by getting people together to look at the way businesses are being run today and what they can do to improve it. Mr. Valdati had no reports for this meeting. Mr. Wallace had no reports for this meeting. Supervisor Connie Smith gave a report on the status of Tri -Municipal: Quartararo & Quart.araro were paid a sum of $37.50; Sedore, O'Sullivan & Letterio were paid a sum of $587.85; Matthew Rudikoff were paid a sum of $56.57; and Hayward & Paken were paid a sum of $36,179.65 at a time when we are not doing a thing. She questioned the Engineer at length at the last meeting to find out why we are being charged since nothing is going on right now. He stated that we are paying to have the maps cleaned up and finalized. Supervisor Smith also set a Special. Town Workshop Meeting for Monday, July 12, 1993, at 6:30 P.M. for Satellite Castle Corporation followed by a Special Town Board Meeting at 7:00 P.M. -- to set a Public Hearing for the Family Farm known as the Satellite Castle Corporation. The reason for the Special Town Workshop and Special. Town Board Meetings is to accommodate Mr. Buyakowski's limited time. BONDS & LETTERS OF CREDIT A report was submitted by Mr. Levenson on the status of Bonds and Letters of Credits for the current subdivisions. A request for a Letter of Credit reduction from Stanley Gat.anis, President of G &. S Properties - Lookout Point Subdivision in the amount of $137,000.00 to $70,000.00. MR. MILLS moved to accept the reduced amount of $70,000.00 based Page 8 930628.RGM upon the recommendation of J. Paggi, Engineer to the Town. Seconded by Mrs. Visconti Motion Unanimously Carried J. Paggi further recommended that Elaine Snowden, Town Clerk, make a copy of that motion and send to the Planning Board and make whatever Administrative action is necessary. RESOLUTIONS Bids for the Senior Center Expansion were opened on June 25, 1993, and all the bids were over budget. MRS. VISCONTI moved to reject all the bids received for the General Contracting based on the fact that they were well above the Architects estimate. Seconded by Mr. Mills Motion Unanimously Carried Prime HVAC Construction, Prime Plumbing Construction and Prime Electrical Construction bids are being held. MRS. VISCONTI moved to authorize $2,000.00 for the Architect, Don Swartz, to draw up new specifications for the rebidding of the Prime General Construction Contract for the Senior Citizen Center Expansion. Seconded by Mr. Mills Motion Unanimously Carried. Bids for the Salt Storage Facility were opened on the June 25, 1993. All bids were in order. J. Paggi, Engineer to the Town, recommended that the Bid be awarded to Park Lane Construction as the low bidder in the amount of $198,666.00. MRS. VISCONTI moved that based upon J. Paggi's recommendations, the bid be awarded to Park Lane Construction for the Salt Storage Facility. Seconded by Mr. Valdati Motion Unanimously Carried Page 9 , �\ 930628.RGM Ralph Holt, Recreation Chairman, requests for Transfer of Funds ($100.00) from A 7020.2 (Equipment) to A 7020.4 (Contractual) for the repair of a Recreational typewriter. MRS. VISCONTI moved to transfer funds of $100.00 from A 7020.2 to A 7020.4. Seconded by Mr. Mills Motion Unanimously Carried Mr. Holt also requests Transfer of funds ($1,000.00) from A 7110.2 (Equipment) to A7110.4 (Contractual) to cover purchases which originally had been placed in A 7110.2 but are now being charged to A 7110.4. MR. MILLS moved to transfer $1,000.00 from A 711.0.2 (Equipment) to A 7110.4 (Contractual). Seconded by Mrs. Visconti Motion Unanimously Carried Ralph Holt, Recreation Chairman, made a request for Purchase Orders for outdoor concerts for the summer of 1993. The funds have been allocated in Recreation Contractual Account A-7140.4. MRS. VISCONTI moved to authorize the Purchase Orders as per the schedule attached by Mr. Holt. Seconded by Mr. Wallace Motion Unanimously Carried Ralph Holt, Recreation Chairman, made a request for radios (4) for the Recreation Department under the Highway Department's Lease Contract. MR. WALLACE moved to authorize Mr. Foster, Highway Superintendent, to lease radios (4) to be used for the Recreation Department. Seconded by Mr. Mills Motion Unanimously Carried Ralph Holt, Recreation Chairman, made a request for the authorization of a First Aid Course. MR. MILLS moved to authorize the expenditure of $780.00 for a Page 10 930628.RGM iii First Aid Course for certain members of the Recreation Staff. Seconded by Mrs. Visconti Motion Unanimously Carried The last request from the Recreational Chairman was for a well r .. to be dug at Castle Point at a cost of $2,800.00 by Pete Salange to be done on July 15, 1993. MRS. VISCONTI moved to authorize well to be dug at Castle Point at a cost of up to $28,000.00. Seconded by Mr. Mills Motion Unanimously Carried Michael J. Dolan, Cable Vision Consultant, submitted an Extension of Contract between himself and the Town of Wappinger. MRS. VISCONTI moved to authorize to approve the Contract and authorize the Town Supervisor to sign the contract between Michael J. Dolan and the Town of Wappinger. Seconded by Mr. Mills Motion Unanimously Carried I�r.■ A proposed Franchise Agreement between the Town of Wappinger and U.S. Cablevision was placed before the Board for their consideration. SUPERVISOR SMITH moved to set a Public Hearing for July 26, 1993 at 6:45 P.M on the U. S. Cablevision Franchise Agreement. Seconded by Mr. Valdat.i Motion Unanimously Carried Two informal bids were received regarding the Proposed Building Extension for the Voting Machine Storage Building at the Town Highway Garage Site. All proposals were reviewed and found in proper order through the office of Paggi & Martin, Consulting Engineers. ilrrr MR. Mills moved to accept the low bid from Art Tompkins Home Improvements in the amount of $8,540.00. Page 11 930628.RGM Seconded by Mrs. Visconti Motion Unanimously Carried MRS. VISCONTI moved to adopt the following Alcohol and Drug Abuse Policy as Town Policy. Seconded by Mr. Valdati Motion Unanimously Carried ALCOHOL AND DRUG ABUSE POLICY Policy Statement In order to ensure a safe working environment for all employees and provide the most effective delivery of services to residents of the Town of Wappinger, it is the policy of the Town of Wappinger that no employee may manufacture, distribute, dispense, use, sell, purchase, possess or be under the influence of alcohol or other illegal/controlled chemical substance, except prescription medication, during scheduled business hours of while on or using Town owned property. The Town recognizes that alcohol and chemical substance abuse are progressive, potentially fatal diseases which may affect employees' lives and relationships with families and/or co-workers, quality of life and job performance. The Town encourages and supports employees who seek involuntary treatment.. Employees must abide by the terms of this policy statement as a condition of employment and failure to do so may result in disciplinary proceedings. However, nothing herein is intended to diminish the rights of an employee under the collective bargaining agreement or the law. Guidelines 1. Using, selling, manufacturing, distributing, dispensing, being under the influence of or impaired by or possessing alcohol (unless in a sealed container) or any illegal/controlled chemical substance on Town of Wappinger premises is prohibited. 2. When there is probable cause to believe that an employee has violated this policy, the infraction shall be reported to the department head or his designee or where that is not appropriate, to the Supervisor or Highway Superintendent (hereafter, any of these individuals will be referred to as the investigating official), who will be responsible for investigating the incident in an appropriate manner. 3. If the employee appears to be under the influence of an illegal./controlled chemical substance or alcohol, form SUB -AB -01, "attached hereto as Exhibit A," shall be completed by the investigating official. The employee will be told he may voluntarily admit he is under the influence of alcohol or other substance. The circumstances, as described by the employee, will be added to form SUB -AB -01. 4. Employees who are on-call and are expected to respond to emergency situations, or who have responsibility for snow removal and have been notified of an impending storm prior to leaving work, are expected to comply with this policy statement for the entire duration of time they are on-call. Page 12 1, 930628.RGM 5. This policy is not intended to prohibit consumption of alcohol at County facilities (e.g., Parks) during an employee's off duty hours. Where permits are required, they will be obtained through the normal procedures required by the facility. 6. Any employee covered under a grant program as described in 41 USC Section 702 (the Drug Free Workplace Act) or 55 Federal Register 21677 et.seq. must notify his department head in writing of any conviction for violation of a criminal drug statute in the workplace within fire calendar days of the conviction. Procedures 1. A violation of the policy is observed and is reported to the department head, his designee or the Supervisor, as appropriate. 2. The investigating official determines if there is reasonable cause to believe a violation of policy has occurred because of overt behavioral manifestations. These may include: slurred speech, unstable gait, alcoholic breath, redness of the eyes, flushed face, unfocused gaze, inability to comprehend normal conversation, poor coordination or other atypical or abnormal behavior or the employee was observed. using alcohol or using an illegal chemical substance on or in Town owned property. 3. Thereafter, the investigating official fills out an Alcohol/Substance Abuse Incident Report and contacts the Personnel Department to make arrangements to send the employee to a health care professional for immediate evaluation. If the employee is a member of the bargaining unit, the employee shall be advised of his right to contact the Union for representation. 4. The investigating official should discuss the problem with the employee. The employee should be offered the opportunity to admit he is or was under the influence of alcohol or an illegal controlled chemical substance. The circumstances, as described by the employee, will be added to form SUB -AS -01. The investigating official shall order the employee to go to a health care professional for evaluation. 5. If the employee voluntarily admits has violated this policy, the employee shall be scheduled for counseling with the Supervisor or Highway Superintendent at a later date and given a copy of the memo pertaining to the scheduled counseling session. 6. If there is reasonable suspicion of the possession or sale of an illegal/controlled chemical substance, the investigating official shall fill out form SUB -AS -01 and shall report the incident to the Town Board which will take such action as necessary which may, as appropriate, include a referral to law enforcement officials. 7. If the conclusion of the health positive, e.g., indicates that the influence of alcohol or an illegal employee is relieved from duty fo scheduled work shift and may charge Personal Leave time. Page 13 care professional is employee was under the chemical substance, the r the remainder of his it against vacation, or 930628.RGM 8. If the results of the evaluation session by the health care professional are positive, the employee wil:1 be instructed to receive treatment through his health care provider. Employees must follow initial treatment recommendations and must submit proof of attendance, participation, progress and prognosis to the Supervisor or Highway Superintendent. In addition, the employee must comply with the alcohol and drug abuse policy for the duration of his employment with the Town of Wappinger. The employee may utilize any appropriate benefit time during and for his treatment. This may include accumulated sick time for those treatment incidents which cannot reasonably be scheduled other than during the employee's actual scheduled work hours. Treatment costs will be borne either by the employee or through his health insurance plan. 9. The department will make all reasonable efforts to accommodate the treatment program, e.g., through a flexible work schedule. 10. When an employee provides written notice to the Supervisor of Highway Superintendent of a conviction of a criminal drug statute, the department head will notify the Town Board immediately. 11. If the employee is covered under a grant program as described in 41 USC Section 702 or 55 Federal Register 21677, the Supervisor of Highway Superintendent will notify the appropriate federal agency of the conviction including the position title of the employee and the grant identification number. 12. The requirement to go to a health care professional (#3 and #4 above), to relieved from duty (#7 above) or to follow treatment recommendations (#8 above) will be mandatory on any employee. The employee shall have no standing to file a contract grievance regarding such a mandate. A contract grievance arbitrator will not have any jurisdiction over such a case nor have authority to render a decision. 13. An employee allegation of an improper application of this policy shall be submitted in writing to the Supervisor or Highway Superintendent, within 10 days thereof, for review. Upon the employee's request, the Supervisor of Highway Superintendent shall meet, and confer with the employee's Union representative with respect to the issues raised by such allegation. The Supervisor or Highway Superintendent shall review and decide, upon the merits of the employee's allegation. He shall mail his decision to the employee within ten working days of submission. Although the Supervisor or Highway Superintendent need not conduct a formal fact-finding hearing, he may do so to seek such additional information as appropriate to reach a decision. Town Board officials shall make such administrative changes as necessary to accommodate the Supervisor's or Highway Superintendent's decision. Correspondence from the Towns of Chester and Blooming Grove were received on June 10, 1993 by the Town Clerk. Among the correspondence was a letter asking for our support in having all of the homeless men sent there from New York City checked for Page 14 930628.RGM I'�7J outstanding warrants in an attempt to protect their citizens. Also enclosed was a copy of a bill sponsored in Albany at the request of their citizens by Senator Larkin, which was introduced to the Senate of the State of New York to amend the social services law, in relation to requiring operators of homeless facilities to conduct outstanding warrant checks on prospective facility entrants. The Towns of Chester and Blooming Grove are asking that we adopt the resolution and forward it to the State Legislature. MRS. VISCONTI moved to adopt the following resolution from the Towns of Chester and Blooming Grove and pass on to the State Legislature. Seconded by Mr. Valdati Motion Unanimously Carried Agreement: WHEREAS, the City of New York operates a facility for homeless people in the Town of Chester, NY, and WHEREAS, the Towns of Chester and Blooming Grove have and are experiencing difficulties with individuals who reside at that facility causing public safety and health concerns, and WHEREAS, the Towns of Chester and Blooming Grove have ascertained to their satisfaction that a certain number of the residents at the facility are the subject of outstanding criminal warrants, and WHEREAS, no screening of criminal records for outstanding warrants, etc., is performed by the City of New York prior to placing the residents at this facility, and WHEREAS, the Towns of Chester and Blooming Grove has requested the help of other municipalities in the state to help insure passage of legislation designed to required criminal record checks prior to admission to this non -secure residential facility (S2150 and A2526). NOW, THEREFORE, BE IT RESOLVED that the Town of Wappinger supports the Towns of Chester and Blooming Grove in their desire to have the above bills enacted into law, and BE IT FURTHER RESOLVED that a copy of this resolution be sent to the State Senator and State Assemblyman representing the Town of Wappi.nger, with our request to support said bill(s), and BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Town Supervisor of the Town of Chester. Page 15 930628.RGM CONSTANCE 0. SMITH - Aye ROBERT L. VALDATI - Aye JUNE A. VISCONTI - Aye ROBERT P. WALLACE, JR. - Aye JAMES MILLS, JR. - Aye The resolution is hereby duly declared adopted. Correspondence was received by Herb Levenson, Town Zoning Administrator, from Steve Domber requesting Woodland Court to be accepted as a Town Road. A reduced Performance Bond has offered to the Town, but in order for the Town to accept Woodland Court as a Town Road, Mr. Domber must file a Maintenance Bond along with other documents that are required for acceptance along with a letter to Graham Foster, Highway Superintendent. MRS. VISCONTI moved to accept Woodland Court as a Town Road based upon a statement from Mr. Roberts, Attorney to the Town, indicating that the all of the necessary documents are in place and the Maintenance Bond is approved and filed with the Town. Seconded by Mr. Valdati Motion Unanimously Carried A Public Hearing having been held on the Rezoning Request of Keith and Margaret Capolino for land parcels between Middlebush Road, Old Hopewell Road and Old Route 91), the matter of adoption was placed before the Board for their consideration. MRS. VISCONTI moved to Table Action on the Capolino Rezoning Request. Seconded Mr. Wallace Motion Unanimously Carried A Public Hearing having been held on the matter of adoption of a Local Law to increase the Recreational Fees in lieu of Land Amending the Local Law #12 of 1988 to Raise Fees from $900.00 to $15,000.00 was placed before the Board. Page 16 930628.RGM MRS. VISCONTI moved to adopt the Local Law to raise the Recreational Fees in lieu of Land from $900.00 to $15,000.00. Seconded by Mr. Valdati Motion Unanimously Carried �A Supervisor Smith asked the Board to consider authorizing J. Wr. Paggi, Engineer to the Town, to prepare a Map, Plan and Report for the Feasibility of a Chelsea/Fishkill Sewer hookup. MR. WALLACE moved to authorize J. Paggi, Engineer to the Town, to prepare a Map, Plan and Report for the feasibility of a Chelsea/Fishkill Sewer Hookup. Seconded by Mr. Mills Motion Unanimously Carried UNFINISHED BUSINESS Mrs. Visconti questioned, Elaine Snowden, Town Clerk, regarding the bid for surplus office furniture. No one had submitted a bid. Supervisor Smith, stated that she also had contacted a couple of institutions to see if they were perhaps interested I and is still waiting for the outcome of those calls. Mrs. Visconti further asked Supervisor Smith about Chips money available. Supervisor Smith commented that due to the fact that certain information had not been provided to the proper agency, $65,000.00 was lost to the Town Highway Fund. However, there is quite a bit of money available through SHIPS, in which the Projects have to be listed. NEW BUSINESS Questions were raised regarding the Annual Town Pickup. One of the problems is that people are coming from other communities and dumping off a number of old refrigerators instead of one per household. Supervisor Smith stated that she will do a Work Shop along with G. Foster, Highway Superintendent, next year on Page 17 930628 . RGM another method of getting the word out to the Public. MR. MILLS moved to accept and place on file the notice for a Public Hearing from Fishkill for Local. Law Amendment for the Zoning Map on July 6, 1993. Seconded by Mrs. Visconti Motion Unanimously Carried Mr. Wallace reported that Barbara Getzler, Recreation Chairperson, was instrumental in writing a grant for the Chelsea Water Front for $1,000.00. Mrs. Visconti expressed concern regarding the one-way lane on the bridge on Noxon Road. Supervisor Smith stated that she called, John Tefban regarding the matter. He informed her that the lane will be one-way for another 3 or 4 weeks and will be controlled by the temporary traffic signals. The bridge is being restored and not being replaced and will be finished before the tournament on August 9, 1993. A Monthly Financial Statement Report, was received from Sloper-Willen Community Ambulance Service to the Town of Wappinger. Supervisor Smith stated that they will be submitting another, more informative, report as this one was difficult to understand.. MRS. VISCONTI moved to adjourn the meeting, seconded by Mr. Wallace and unanimously carried. The Meeting was adjourned at 8:55 P.M. Elaine Snowden Town Clerk Page 18 )D'< 930614.SPM A Special Meeting of the Town Board of the Town of Wappinger was held on June 14, 1993, at the Town Hall, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York Supervisor Smith called the Meeting to order at 6:55 P.M. Present: Constance 0. Smith, Supervisor June Visconti, Councilwoman Robert Wallace, Councilman Elaine H. Snowden, Town Clerk Absent: Robert Valdati, Councilman James Mills, Councilman Others Present: Albert Roberts, Attorney The Meeting commenced with the Pledge of Allegiance to the Flag in memory of Flag Day, and at this exact time people across the Nation are also saluting the Flag in observance of Flag Day. The Supervisor scheduled this Meeting on June 2, for the purpose i of authorizing the Town Supervisor to sign the Contract for the Annual Swim Program Contract with Deer Hill Conference Center for the 1993 summer program. MRS. VISCONTI moved to authorize the Supervisor to sign the Swim Program contract with Deer Hill for $6,200.00. Seconded by Mr. Wallace 3 Ayes, 0 Nays MRS. VISCONTI moved the meeting be adjourned, seconded by Mr. Wallace, and carried. The Special Meeting adjourned at 6:57 P.M. MRS. VISCONTI moved that the Special Meeting be re -opened for the purpose of voting on the Resolution of the Montfort Recreation/Fulton land swap. The Special Meeting was re -opened at 6:59 P.M. with the same Board members still present. The following Resolution was moved by Councilperson June 930614. SPM Visconti and seconded by Councilperson Robert Wallace: WHEREAS, the Town of Wappinger owns property located on Montfort Road, Town of Wappinger, upon which it maintains a Town Park/Recreation Center; and WHEREAS, the aforementioned property is adjacent to property owned by Joseph H. and Evelyn Fulton, hereinafter referred to as "Fulton"; and WHEREAS, the Town Recreation Department has requested that the Town acquire from Fulton additional land so as to provide better access to the rear portions of a barn located on the Town property; and WHEREAS, Joseph H. and Evelyn Fulton have agreed to exchange equal parcels of land as depicted on a certain map prepared by Paggi and Martin dated November 1987, last revised February 5, 1987; and WHEREAS, the Town Board, by Resolution dated July 27, 1992 has authorized the Supervisor to enter into a contract for the exchange of parcels as depicted on the map prepared by Paggi and Martin and to request the necessary enabling legislation from the New York State Legislature to permit the transfer of the parcel to Fulton in exchange for an equal parcel of land to be conveyed by Fulton to the Town; and WHEREAS, the Town has entered into a written contract with Fulton for the exchange of parcels as above indicated; and WHEREAS, Albert P. Roberts, attorney to the Town, has heretofore forwarded copies of the short form EAF, a Resolution dated July 27, 1992, a copy of the contract between the Town and Mr. and Mrs. Fulton with legal descriptions attached, and a copy of the survey map to the Honorable Stephen M. Saland, New York State Senator, and the Honorable Eileen Hickey, New York State Assemblywoman, requesting that the Senator and the Assemblywoman introduce appropriate legislation to authorize the transfer of parcels between the Town and Mr. and Mrs. Fulton as above indicated; and WHEREAS, it is necessary that the Town Board formally request the New York State Legislature to introduce the appropriate legislation necessary to authorize the transfer of parcels as above indicated. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby determines that intended action, i.e. the transfer of .043 acre parcel of land from the Montfort Road Park/Recreation site to an adjacent landowner, Joseph H. Fulton, Jr. and Evelyn Fulton, in exchange for an equal parcel of land to be conveyed from Mr. and Mrs. Fulton to the Town, is both an unlisted action pursuant to Article 8 ECL and the related Title 6 Part 617 NYCRR and Town of Wappinger Local Law #6 of 1992, and an action for which there are no other involved agencies. 2. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself Lead Agency pursuant to ARticle 8 ECL and the related Title 6 Part 617 NYCRR. 3. The Town Board has caused to be completed Part 1 and 930614.SPM Part 2 of the short form EAF for this project in the form annexed hereto. 4. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR, and hereby determines the intended action will not create any significant adverse impacts on the environment and hereby issues a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project. 5. The Town Supervisor is hereby authorized to execute Part 3 of the short form EAF and further directs the Town Clerk to provide for the filing and distribution of same as provided by law. 6. The Town Board of the Town of Wappinger hereby requests that the New York State Legislature, authorize, by special legislation, the Town of Wappinger to transfer .043 acres of land located from the Montfort Road Park/Recreation site to Joseph H. Fulton, Jr. and Mrs. Fulton, in exchange for .043 acre parcel of land to be conveyed from Joseph H. Fulton, Jr. and Evelyn Fulton to the Town, said parcels of land more particularly described and set forth in a certain survey map prepared by Paggi and Martin, engineers and surveyors dated November 1987, last reviewed February 5, 1992. 7. The Town Board of the Town of Wappinger, hereby approves and ratifies the previous request made by Albert P. Roberts to Senator Stephen M. Saland and Assemblywoman Eileen Hickey to introduce a bill for the appropriate legislation to permit the above referenced transfer. 8. Constance 0. Smith, Town Supervisor, Paggi and Martin, engineers to the Town, and Albert P. Roberts, attorney to the Town, are hereby directed to undertake any further action � necessary to obtain the appropriate legislation from the New York State Legislature to authorize the transfer of lands as above indicated. 9. Upon adoption of the appropriate legislation, or in the even counsel to the New York State Legislation determines that no special legislation is required for the above transfer, Supervisor Constance 0. Smith is hereby authorized and directed to execute a deed in proper statutory form transferring the above referenced property to Joseph H. Fulton, Jr. and Evelyn Fulton in accordance with the contract dated February 19, 1993. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance 0. Smith Aye Robert L. Valdati Absent June A. Visconti Aye Robert P. Wallace, Jr. Aye James Mills, Jr. Absent The Resolution was thereupon declared fully adopted. There was no other business to come before the Board. MRS. VISCONTI moved the meeting be adjourned, seconded by Mr. Wallace, and carried. 930614. SPM The Special Meeting adjourned at 7:00 P.M. Elaine H. Snowden Town Clerk 930628A.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 28, 1993, at the Town Hall, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York, on a proposed Local Law Amending Local Law #12 of 1988 Increasing Recreation Fees of the Town of Wappinger. Supervisor Smith opened the Hearing at 6:50 P.M. Present: Constance Smith, Supervisor James Mills, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine Snowden, Town Clerk 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 of the Minutes of this Hearing). Supervisor Smith asked if there was any discussion from the audience. Fred Thomas, of Wappingers Falls, "vehemently objected" to the increase in Recreation Fees stating that the Town has never done anything for him, the landowner. He further stated that the majority of the land owners are carrying the tax load for everyone. He further complained that he pays excess tax dollars for the ambulance service and the fire protection. Supervisor Smith stated that the Town of Wappinger does not set the rate for fire protection, that is.done by the Fire Commission. He then asked what is done with the Fees? Supervisor Smith stated that the Town usually takes land in lieu of fees and that we are just being consistent with County policy. Councilman Valdati commented that the fees are taken to ensure that for every new subdivision a portion of land is set aside for greenery for the purposes of recreation. He further stated that if the land were developed out, there would be no greenery 930628A.PH for future generations. Jerry Cauda, of Wappingers Falls, also complained of paying a higher rate of taxes on undeveloped land than land with a house on it (Homestead) and why is he penalized just because he chose not to develop his land? 1, Councilman Valdati stated that if there were no Homestead provision, property and school taxes would be higher. MR. VALDATI moved to close the Public Hearing, seconded by Mrs. Visconti and unanimously carried. The Hearing closed at 7:02 P.M. Elaine Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW AMEND- ING LOCAL LAW #12 OF 1988 INCREASING RECREATION FEES. STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes 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 June 16, 1993, your deponent posted a copy of the attached notice of Public Hearing on the proposed "Local Law" Amending Local Law #12 of 1988 Increasing Recreation Fees of the Town of Wappinger by increasing the subdivision recreation fees from $900.00 per lot to $1,500.00 per lot, 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 Sworn to before this of1993. S11 Notary a lie HERSERT J. LEyENSOM Notary Public, state or New y 01* NO. 4646142 "fled In Putnam CO my Expires Apt! 7-J; day Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. ................................................................. and ending on the ., 23rd . day of .,,.June 19 9 3. both days inclusive. Subscribed and sworn to before me 23rd June 93 this ............. day of .....,!?......... .� .........6. .. ...... Notary Public My commission expires ................................. RACHEL WISHART NOTARY PUBLIC, STATE OF NEW PORK OUALIFI D IN DUTCHESS COCKY # 14-4855802 -1 CO-IMISSION EXPIRES MARCH 31, 19, 4 Joan Miller ........................................................ of the NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of W Inger Town of Wappinger, Dutchess County, New York, will conduct a PUBLIC HEAR. ING on the 28th day of June, ,ssn beingdui at 8:50 p.m. at the Town Hall, Town sworn, says that he is, and at the several Y Y of Wa�pinger, 20 Middlebush Road, Wappnga Falls, New York, at which time all parties In interest and Bookkeeper times hereinafter was, the • • • .......................... . citizens shall have an opportunity to be has the Town of Wappinger to whether he o ' Board of th shall adopt a Local Law of the SOUTHERN DUTCHESS NEWS, a proposed en- titleda"LocalLa. Amending Loccreal LawN12of19881ncreasing eCrea- singR newspaper printed and published every Wednesday tion Fees of the Town of Wappinger" by .ion feeasings h$900.vi per lot to tion tees from $900.00 per lot to in the Town of Wappinger, Dutchess County, New $1,500.00 per lot. PLEASE TAKE FURTHER NOTICE the Town Board has issued York , and that the annexed NOTICE was duly a g Negative Declar11ation of SIRE SE'ficance f TAKEor this proF R-fHER P one weeks published in the said newspaper for NOTICE that copies of the propos- ed Local Law are available for review and Inspection at the office of the successively in each week, commencing on the Town Clerk on weekdays from 8:30 a.m. t0 a:oo p.m. BY ORDER OF THE TOWN BOARD 23rd day of June 19.9.3. OF THE TOWN OF WAPPINGER .. , and on the ELAINESNOWDEN CLERK following dates thereafter, namely on DATED:.MU 2L, 1l93 ................................................................. and ending on the ., 23rd . day of .,,.June 19 9 3. both days inclusive. Subscribed and sworn to before me 23rd June 93 this ............. day of .....,!?......... .� .........6. .. ...... Notary Public My commission expires ................................. RACHEL WISHART NOTARY PUBLIC, STATE OF NEW PORK OUALIFI D IN DUTCHESS COCKY # 14-4855802 -1 CO-IMISSION EXPIRES MARCH 31, 19, 4 930628.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 28, 1993, at the Town Hall, 20 Middlebush Road, Wappinger Falls, New York, on the proposed Local Law Amending the Zoning Law of the Town of Wappinger regarding the Capolino Parcels by rezoning two contiguous parcels owned by the Estate of Margaret Capolino and Keith Capolino. Supervisor Smith opened the Hearing at 6:31 P.M. Present: Constance Smith, Supervisor James Mills, Councilman Robert Valdati, Councilman Elaine Snowden, Town Clerk Absent: June Visconti, Councilwoman 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 of the Minutes of this Meeting). Supervisor Smith asked if Mr. Jon Adams had anything to say regarding the rezoning of the Capolino Parcels. He stated that it is a request to rezone 40 acres of land located between Middlebush Road, Old Hopewell Road and Route 9D from the present zoning classification of R-20/40 to Multi -Family RMF -3. He further stated that the EAF reveals that the proposed rezoning will support a multi -family development and that there would not be any adverse environmental impact to the land. There were no comments or questions from the audience. MR. MILLS moved to close the Public Hearing, seconded by Mr. Valdati and unanimously carried. The Hearing closed at 6:36 P.M. 3 (I lextu Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK ------------------------------- IN THE MATTER OF NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW AMENDING ZONING LAW OF TOWN OF WAPPINGER - CAPOLINO PARCELS. STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes 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 June 16, 1993, your deponent posted a copy of the attached notice of Public Hearing on the proposed "Local Law Amending the Zoning Law of the Town of Wappinger - Capolino Parcels" by rezoning two contiguous parcels owned by the Estate of Margaret Capolino and Keith Capolino, 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. �i Elaine H. Snowden Town Clerk Sworn to before this �� day of 199 . Notary Public No148WN'L=EVENSON SWO Of New York h PUtnam EXPIMS A CArilount30y/ _�7 �- Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Joan Miller ........................................................ of the Town of Wappinger, Dutchess County, New York, NOTICE OF PUBLIC HEARING being duly sworn, says that he is, and at the several TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wapp- times hereinafter was, the ..... • . BOOkkeeper i-9-1will conduct a PUBLIC HEAR• 'NG on the 28th day of June 1993 at Wappinger. m. ger. 2eToddlebuHall,Towad of the SOUTHERN DUTCHESS NEWS, a Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at whic time 111 partavec oppo interest and newspaper printed and published every Wednesday citizens shall have an opportunity to be heard as to whether the Town Board all adopt a proposed "Local Lawer in the Town of Wappinger, Dutchess County, New Amending the Zoning Law of the Town of Wappinger - Capolino Parcels" by rezoning two contiguous York, and that the annexed NOTICE was duly Vowned by the Estate of Margaret Capolino and Keith Capolino and located between Mid. I published in the said newspaper for • . one weeks dlebush R d, Old Hopewell Road' and Route and designated on the Town of We pingerTaxMaps astax successively in each week, commencing on the grid numbe 6157-01-285673 and 157.01-24 41 from the present zoning clas fication of R-20.40 to ?.3rd day of .....June 19 9 3 and on the Multi-Famil MF -3 and by directing . . . . . . . . . . . . . that the Zoning Map of the Town of Wappinger dated the 31 at day of Ju- following dates thereafter, namely on ly, 1990 be amended to reflect such rezoning classification. FURTER NOTICESt a t the A oKE wn Board off he ..............................................................' ' ' Town of Wappinger has adopted a Negative Delcaration of Significance and ending On the ,,,23rd day of June Pursuant to the State Environmental . " " "' . ' • • ... Review PLEASE onTA71E FURTHER NOTICE that copies of the propos 19.9.3. both days inclusive. ad Local law are available for review and Inspection at the office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.r,t, BY ORDER OF THE TOWN BOARD i OF THE TOWN OF WAPPINGER ' • • • • ' ELAINE SNOWDEN / TOWN CLERK DATED•. M� 24 1993 Subscribed and sworn to before me this 23rd.•. day of ...... un�e fg-93 Notary Public My commission expires ................................. RACHEL NQTAR U9LIC, S A E OF NW yORR QUALIFIED IN OUTCH[SS CC�G'1; ; H 14985590: Q OMMISSION EXPIRES MARCH 31, 10 -