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1992-01-27 RGMAW AIJAL TOWN BOARD TOWN OF WAPPINGER JANUARY 27, 1992 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes; Reg. Dec. 16, 1991 Year End Dec. 30. '91 ReOrganizational Meeting Jan. 6, 1992 4. REPORTS OF OFFICERS: Town Justices Rec. of Taxes Dog Control Officer Bldg. Insp. Zug. Adm. (Nov. -Dec) Rec. Comm. Attendance report for '91 D'Arcaugelo yearly financial statement of joint Landfill 5. PETITIONS & COMMUNICATIONS a. Joseph Cmar, V.P., Cedar hill Dev. Corp. re: request Town to extend Water District to include 139± A parcel on Cedar Hill b. Joel Hannig, Attuy representing Conrail Associates, with an amended application for a change of zone on Contrail property on Old State Rd. c. H. Cuatt, Old Hopewell Rd., re: availability of Sewer service to his property d. A. Waddle, Sect'y, Hughsonville F.D. forwarding recommendation to fill vacancy on T/W Fire prevention Bureau e. Notification of intent to renew liquor license by R. Jordan Friendly Deli, Rte 376 f. Jos. Incoronato, re: Town Vandalism Patrol g. Hawking & Peddling Lic. application from Raymond Sanford h. G. Foster, H. Supt. requests permission to bid for Fuel Oil, Road Aggregates, ets. i. G. Foster, H. Supt., Corr. re: (1) Highway Improvements (2) Highway Dept. Fuel Storage tanks J. J. Paggi, Eng. to Twn, reports (1) Capparelli & Tosto, provide service to parcel (2) Oakwood Knolls W.D. Water Tank k. Requests for return of Escrow from: (1) Bonnano & Morin, 1135., (2) Jos. Sabia, Jr., $4,910.00 1. Corr addressed to Rec. of Taxes from J. Mason re: Sewer back-up 59 Top O'Hill & request for reimbursement m. Kathy Gullery, re: Allowing additional trailer in Cooper Rd. Trailer Park n. Letter received fro J.O'Conuor enclosing letter of appreciation to Sloper-Willen ambulance personnel o. Town Clerk served w/ Summons & Complaint by Dollar Dry Dock vs: F. Keith O'Brien et al (refer to Attorney to Town) p. Request from R. Holt for Members and personnel to attend annual conference at Nevele 4/5-4/8 (Recreation) 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Jas Klein Letter of Credit H. Levenson Monthly report 8. RESOLULTIONS a. Introduce and set Public Hearings on Local Laws for increases in 0 & M Rates: N. Wapp. Water Dist. Oakwood W.A., Tall Trees W.D., Wapp. Sewer IA#1 and Fleetweood S.D. b. Consider adoption of T/W Health Ins. Policy c. Consider adoption of T/W Biding & Procedure Policy d. Appointment of Board of Ethics e. Term of A. Roe, Zoning Bd. of Appeals expires 2/1/92 f. Approve Contract with Dial -a -Ride, and authorize Sup. to sign g. Request for Transfer of Funds by R. Holt, Rec. Ch. 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT - PLEASE TAKE NOTE: EXECUTIVE SESSION CALLED FOR 6:DO P.M. for of Tri -Municipal Easements & sgreements purposes RM12792 The Regular Meeting of the Town Board of the Town of Wappinger was held on January 27th, 1992, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the Meeting at 7:00 P.M. Present: Constance Smith, Supervisor Robert Valdati, Councilman June Visconti, Councilwoman Robert Wallace, Councilman Elaine H. Snowden, Town Clerk Absent: James Mills, Councilman (convalescing) Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr. Engineer Emanuel Saris, Attorney Graham Foster, Highway Superintendent Herbert Levenson, Zoning Administrator The Supervisor introduced Kyle Wood, Boy Scout Troop 12, Mount Hope Grange, who was present as a requirement of earning a Merit Badge. The Supervisor invited Kyle to lead the public in the Pledge of Allegiance to the Flag at the commencement of the Meeting. The Minutes of the Regular Meeting of December 16th, 1992, Year End Meeting, December 30th, 1991 and the Reorganizational Meeting of January 6th, 1992, having been previously forwarded to all Board Members for their review, were placed before them for their consideration. Mrs. Visconti asked for a correction on a motion appointing Councilman Wallace as Representative to the Annual Association of Towns Meeting --it should read that Mrs. Smith made the motion not Mrs. Visconti. MRS. VISCONTI moved that the above stated Minutes, as corrected be and they are hereby approved, as submittted by the Town Clerk. Seconded by Mr. Wallace Motion Unanimously Carried RM12792 Reports were received from Building Inspector for mon Town Justices, Dog Control Officer, of December, Receiver of Taxes, November and Zoning Administrator for November and December, also Recreation Commission Attendance Report for 1991 and D'Arcangelo yearly financial statement of joint landfill. MR. VALDATI moved to accept the Reports and place them on file. Seconded by Mrs. Visconti Motion Unanimously Carried T A request was received fron Joseph Cmar, Vice President Cedar Hill Development Corp. for extension of the water district to include their parcel of 139.61 acres on Cedar Hill Road due to the fact that they are co. land is within the sewer to be served with water, The Town is contemplating the Town of Fishkill to s therefore they cannot ans had this discussion. emplating subdivision and since the strict, they would like to be able so. e possibility of joining with e 48 homes in that area with water r Mr. Cmar's letter until they have MRS. VISCONTI moved to table this matter pending a work shop with the Town of Fishkill homes. Seconded by Mr. Wallace discuss water service for these Motion Unanimously Carried Attorney Joel Hanig, representing Contrail Associates, submitted an amended application for a change of zone on their property on Old State Road. MRS. VISCONTI moved to tale the matter for a work shop discussion. Seconded by Mr. Wallace Motion Unanimously Carried RM12792 Henry Cuatt, Old Hopewell Road, wrote to the Board regarding availability of sewer service in his area; he pointed out that the district has been in existence for 20 years and he is still without service although he is charged with an annual benefit assessment. He is interested in subdividing his property but cannot proceed until he knows what it will actually cost and this depends on the status of sewer service. Mrs. Smith was in the .process of responding to Mr. Cuatt that they expect to service that area by the end of December 1995. Mr. Paggi pointed out that the Town will have to install a collectoral line which will have to tie into the trunk line they are anticipating will be ready in December 1995; the cost will be borne by WSIA#1. There was a question on the actual number of parcels involved which could be determined by our Assessor, Tom Logan. Mrs. Smith intended to send Mr. Cuatt an acknowledgement and an approximate date of the availability of sewer service to his home and indicate that an update on this will be forthcoming. MRS. VISCONTI moved to authorize the Engineer to prepare a report on number of parcels involved and approximate cost of installing collectoral line for these parcels to tie into the Tri -Municipal line. Seconded by Mr. Valdati Motion Unanimously Carried Arthur Waddle, District Secretary, Hughsonville Fire District, wrote to the Board enclosing resignation of Jon Wilson from the Fire Prevention Bureau effective December 9, 1991; he indicated that the Board of Fire Commissioners had recommended a person to fill the vacancy, however, another communication was received from Robert Colden, Chairman of the FPB, informing us that this Bureau preferred to provide another candidate for consideration to this appointment. RM12792 Mrs. Smith noted that the Town Board does not have jurisdiction of this appointment, their practice is to concur with the FPB's recommendation and when their choice is unanimous we can follow through and concur with them. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried Notification of intent to an off -premises beer license was received from the FrieJenew dly Deli on Route 376 in this Town. MRS. VISCONTI moved to accept the correspondence and place it on file with no comment. Seconded by Mr. Valdati Motion Unanimously Carried At the Supervisor's request, former Councilman Incoronato prepared a report on Vandalism Patrol service which is presently done by some full time and some part time deputy sheriffs. He strongly recommended that he hourly charges be monitored in order to compare their charges with that of a private firm. He had no objection to the present hourly rate which averaged about $14.50 hourly for part-time deputies and almost $30.00 hourly for the full-time ones. He advocated using the part-time personnel which could significantly reduce the $14.50 rate. At this time he saw no advantge in hiring a private firm unless the hourly rate went beyon $15 or $16 per hour. This, he pointed out could be spell d out in the contract with them. Mrs. Smith noted that she iad taken this advice and contacted Carl Amburgey regarding th use of the part-time personnel and he does have the option to use the part-time people since he has done this in the past. MRS. VISCONTI moved to accopt the report from Mr. Incoronato and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried RM12792 An application for a Peddler's License was received from Raymond Sanford, Village Crest Apartments, for selling hot dogs throughout the Town roads. MRS. VISCONTI moved to approve the Peddler's License for Raymond Sanford to sell hot dogs, etc. throughout the Town roads. Seconded by Mr. Valdati Motion Unanimously Carried The Highway Superintendent wrote to the Board requesting permission to go to bid for fuel oil, road aggregates, etc. He asked to add liquid calcium to the list, explaining that the last two years they did purchase it on the County bid but to be consistent, he felt it should be included. MRS. VISCONTI moved that the Highway Superintendent be allowed to go to bid on the materials listed in his letter to the Board, la thru lj. Seconded by Mr. Wallace Motion Unanimously Carried The second request was for approval of rental rates for equipment for 1992. This was tabled to a work shop discussion. The third item was for a request to use funds from the 1991 fund balance to purchase the two fuel tanks and an $8,000 lift. MRS. VISCONTI moved to grant permission to the Highway Super- intendent to purchase the items requested from the 1991 fund balance. Seconded by Mr. Wallace Motion Unanimously Carried On another matter the Highway Superintendent wrote to the Board explaining that the Highway has been deeded property for Highway Improvements in previous years and he would like to start work on these areas with the help of the Engineer to stake out the properties. RM12792 These included: Robinson Lane where the old barn was removed; Widmer Road in the area oflthe Villa Borghese, and Losee Road - Gardner property at Sucich Place. He also asked that the Engineer prepare a site plan to improve the northerly intersection of Old State Road and Route 9D. MRS. VISCONTI moved to authorize the Engineer to the Town to prepare the necessary docu ents and arrange for the field work required by the Highway Superintendents to accomplish the four Highway Improvements, as stated. Seconded by Mr. Valdati Motion Unanimously Carried Another Memo from the High1ay was in regard to replacing two fuel storage tanks which ho estimates must be more than twenty years old and because of their age they will have to be tested each year at an estimated cost of $1,500. He sought permission to go to bid to replace these tanks as soon as possible at an estimated cost of less than $15,000. MRS. VISCONTI moved to authorize the Highway Superintendent to go to bid to replace the two fuel storage tanks. Seconded by Mr. Wallace Motion Unanimously Carried A report from the Engineer regarding water service to a parcel owned by Capparelli and T sto stated that the parcel was in existence prior to the formation of the water improvement and in his opinion, the impro ement area is responsible for providing service up to the property line. He recommended that Camo Pollution Control be authorized to do this work necessary for the water service connection. MRS. VISCONTI moved to authorize Camo Pollution Control to do the necessary work in order that the parcel owned by Capparelli and Tosto can Seconded by Mr. Wallace ook into the water line. Motion Unanimously Carried 1 RM12792 A second report from the Engineer was in reference to a field inspection of the pressure tank at the Oakwood Knolls Water Plant which he found to be leaking. This is a serious problem he told the Board Members as it is an integral part of the existing system and strongly recommended that it be replaced. In his opinion this was an emergency situation and action should be taken as soon as possible. The Supervisor declared a State of Emergency at the Oakwood Knolls Water Plant due to the pressure tank leaking. MRS. VISCONTI moved to authorize Camo Pollution Control to replace the pressure tank at the Oakwood Knolls Water Plant, due to an emergency condition. Seconded by Mr. Valdati Motion Unanimously Carried On the same matter, a letter was directed to the Town Board from Daniel O'Connor, Senior Public Health Engineer from the Dutchess County Department of Health requesting that Mr. Paggi submit specifications for the replacement tank and have Camo Pollution submit a plan as to how the system could be operated if the tank fails. MRS. VISCONTI moved to authorize the Engineer to the Town to send the necessary documents to the Dutchess County Department of Health regarding the replacement of the pressure tank at the Oakwood Knolls Water Plant. Seconded by Mr. Valdati Motion Unanimously Carried Requests for release of escrow were received from Clifford Morin (Bonnano & Morin) lot line realignment in the amount of $135.50 and from Joseph Sabia, Jr. $4,910.00 for planning and engineering fees for subdivision application. MRS. VISCONTI moved to approve release of escrows to Mr. Morin in the amount of $135.50 and to Mr. Sabia, Jr. in the amount of $4,910.00, based on the recommendation of the Zoning Administrator. Seconded by Mr. Wallace Motion Unanimously Carried RM12792 Correspondence was received by Receiver of Taxes from John Mason regarding sewer backup at 59 Top-O'Hill Road and request for reimbursement of $120. 6 paid to plumbing company. MRS. VISCONTI moved to tab: work shop. Seconded by Mr. Wallace _e this matter for discussion at a Motion Unanimously Carried Keith Gullery, Park Manage, Cooper Road Trailer Park wrote to the Board requesting th4t they consider allowing an additional trailer in the Park. The Zoning Administrator noted that this request, f rst of all, would have to come from the owner (Mr. Gullery is of the owner), and secondly he would have to come before the Ton Board for a site plan change and it would then be referred o the Planning Board. Mrs. Visconti recommended hat Mr. Levenson respond to Mr. Gullery informing him of t e proper procedure that must be followed by the owner of t e Trailer Park. James O'Connor, Executive Ambulance Service, Inc., he wanted to share with t of a gentleman they had irector of Sloper-Willen Community ote to the Board enclosing a letter m; it was a letter from the daughter n called to help when he had a heart seizure. It was a very touching letter of appreciation for their efforts to save his life and although it was too late she praised the work of the paramedics who responded. MRS. VISCONTI moved to accept the letter and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried The Town Clerk was served1last week with Summons and Complaint by Dollar Dry Dock vs. F.Keith O'Brien, et al. This requires the presence of an Attorney to answer this in court. I MRS. VISCONTI moved to authorize Attorney Emanuel Saris to answer and defend the above stated Summons and Complaint, on behalf of the Town of Wappinger. Seconded by Mrs. Smith Motion Unanimously Carried T� RM12792 A request was received from Ralph Holt, Chairman of the Recreation Commission for permission for Mrs. DeLisa, Mrs. Roe and Mr. Mastroianni to attend the New York State Recreation and Park Society Annual Conference April 5th to 8th, 1992, at the Nevele Resort in Ellenville, New York. MRS. VISCONTI moved to grant permission to the above stated persons to attend the Conference at Ellenville, New York, as requested by the Chairman of the Recreation Commission, and their legitimate expenses will be a Town charge. Seconded by Mr. Wallace Motion Unanimously Carried COMMITTEE REPORTS --- Mr. Valdati, Recycling --visited the site few times since beginning of year and it is doing well; there are a number of Christmas trees that have been discarded so the residents have been taking advantage of this option. There's a huge hole in the area that will have to be taken care of, also requests have been made to change the direction of the door on the shelter that has been provided for the man in charge of maintenance at that site. Neither Mr. Wallace nor Mrs. Visconti had reports for this meeting. Mrs. Smith reported that the Dog Officer's vehicle has died- - it appears that the engine has quit. The mechanic at the Highway Department will check it out to see if it's worth fixing and in the interim she will use her own car; if the Board approves, mileage will be paid to the Dog Control Officer while using her own vehicle. Pending a report on the status of the van as to repair versus replacement, a work shop will be held to discuss the pros and cons. MRS. VISCONTI moved to pay mileage to the Dog Control Officer during the time that she uses her own vehicle for her duties in this position. Seconded by Mr. Valdati Motion Unanimously Carried 34 RM12792 BONDS --- A monthly report was received from the Zoning Administrator on a Schedule of Letters of Credit and/or Bonds on file for the month of January 1992. Nicole Farms --- A new Letter of Credit should be received by February 3, 1992. Satellite Investments --- 4irport Drive has been accepted by the Town and the bond in the a0ount of $374,482.90 should be returned to the developer. The Roach Maintenance Bond is in place for one year, expiring Dec. 16, 19112. MR. VALDATI moved to relea4e the Performance Bond from Satellite Investments and accept the $204,856.84. Seconded by Mrs. Visconti Maintenance Bond in the amount of Motion Unanimously Carried Wyndham Crossing --- Letter} of Credit from John Lawrence in amount of $188,386.00 accepted by Board. Kablaoui #3 --- awaiting resolution of drainage easement between Mr. Kallaoui and adjoiningjproperty owners. RESOLUTIONS --- The following Resolution was offered by SUPERVISOR SMITH who moved its adoption: WHEREAS, there has bee a meeting of this Town Boa a proposed Local Law Amend the imposition, charge and Consumption and Use of Wat District of the Town of Wa and Enforcement Thereof, a duly presented and introduced at on the 27th day of January, 1992, g Local Law #10 of 1991 relating to ollection of Water Rates for the for the North Wappinger Water inger, as well as the Penalties WHEREAS, the provisiono of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a P blic Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Boar of the Town of Wappinger on the 10th of February, 1992, at 6:451P.M. on such day at the Town Hall, 20 Middlebush Road, Town ofi Wappinger, Dutchess County, New York. ` r, T RM12792 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. as follows: SECTION 1: Section 1 of Local Law #10 of 1991 is hereby amended to read as follows: A. Residential: Each residential dwelling unit connected to the water system, excluding such units and users otherwise expressly provided for herein, shall pay the minimum charge of $15.00 (Fifteen Dollars) per quarter, for the first fifteen thousand (15,000) gallons of water consumed/used, and $1.00 for each one thousand (1,000) gallons consumed and used thereafter. Each unit of a multiple dwelling shall be individually and separately charged in accordance with this schedule. C. Greentree Apartments: The Greentree Apartments shall be billed $15.00 (fifteen dollars) per quarter for each unit, or an aggregate minimum of $270.00 (Two Hundred Seventy Dollars and 00/100) per quarter, whichever is greater. In the event that the aggregate water consumption/usage of Greentree Apartments exceeds two hundred seventy thousand (270,000) gallons, such excess will be billed at a rate of $1.00 for each one thousand (1,000) gallons per quarter. SECTION 2. This Local Law shall take effect upon adoption and filing as provided by Municipal Home Rule Law. The following Resolution was offered by SUPERVISOR SMITH who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 27th day of January, 1992, a proposed Local Law Amending Local Law #5 of 1976, #14 of 1984, #10 of 1985, #10 of 1988 and #1 of 1991 on Establishing Sewer Rates in the Wappinger Sewer Improvement Area #1, 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 shall 1`e held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 10th day of February, 1992, at 6:47 P.M. on such day at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Councilman Mills ---Absent A Local Law Amending Local Law #10 of 1991 Relating to the Imposition, Charge and Collection of Water Rates for the Consumption and Use of Water for the North Wappinger Water District of the Town of Wappinger, as well as the Penalties and Enforcement Thereof. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: SECTION 1: Section 1 of Local Law #10 of 1991 is hereby amended to read as follows: A. Residential: Each residential dwelling unit connected to the water system, excluding such units and users otherwise expressly provided for herein, shall pay the minimum charge of $15.00 (Fifteen Dollars) per quarter, for the first fifteen thousand (15,000) gallons of water consumed/used, and $1.00 for each one thousand (1,000) gallons consumed and used thereafter. Each unit of a multiple dwelling shall be individually and separately charged in accordance with this schedule. C. Greentree Apartments: The Greentree Apartments shall be billed $15.00 (fifteen dollars) per quarter for each unit, or an aggregate minimum of $270.00 (Two Hundred Seventy Dollars and 00/100) per quarter, whichever is greater. In the event that the aggregate water consumption/usage of Greentree Apartments exceeds two hundred seventy thousand (270,000) gallons, such excess will be billed at a rate of $1.00 for each one thousand (1,000) gallons per quarter. SECTION 2. This Local Law shall take effect upon adoption and filing as provided by Municipal Home Rule Law. The following Resolution was offered by SUPERVISOR SMITH who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 27th day of January, 1992, a proposed Local Law Amending Local Law #5 of 1976, #14 of 1984, #10 of 1985, #10 of 1988 and #1 of 1991 on Establishing Sewer Rates in the Wappinger Sewer Improvement Area #1, 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 shall 1`e held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 10th day of February, 1992, at 6:47 P.M. on such day at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. RM12792 2. That at least five e given by the Town Clerk posting thereof upon the b Clerk in the Town Hall and once in the official newsp (5) days notice of such hearing shall f the Town of Wappinger by the due lletin board maintained by said Town by publishing such notice at least per of the Town of Wappinger. Seconded by: Councilwo an Visconti Roll Call Vote: 4 Ayes 0 Nays Councilman Mills ---Absent A Local Law amending L cal Law #5 of 1976, #14 of 1984, #10 of 1988 and #1 of 1991, on Establishing Sewer Rates in the Wappinger Sewer Improvemen Area #1. BE IT ENACTED by the as follows: SECTION 1: Section 2 of amended to read as follows Board of the Town of Wappinger Local Law #1 of 1991 is hereby SECTION 2: The followin Sewer Rates are hereby established for the Wappinger Sewer Im rovement Area #1: A. Residential 1. Each residenti1 unit connected to the System: $280.00 annual y and payable on a quarterly basis. SECTION 3: This Local L w shall take effect upon adoption and filing as provided by Muni ipal Home Rule Law. The following Resolution w�s offered by SUPERVISOR SMITH who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 27th day of January, 1992, a proposed Local Law Amending Local Law #7 of 1980 and #4 of 1988 with respect to the Imposition and Charge for Water Rates for the Consumption and Use of Water for the Oakwood Water District, and WHEREAS, the provisionof 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, i NOW, THEREFORE, BE IT PESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Boar of the Town of Wappinger on the 10th day of February, 1992, at 6:49 P.M. on such day at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least fivUletin '5) days notice of such hearing shall be given by the Town Clef the Town of Wappinger by the due posting thereof upon the board maintained by said Town Clerk in the Town Hall a0 by publishing such notice at least once in the official news aper of the Town of Wappinger. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0, Nays Councilman Mills ---Absent go. RM12792 A Local Law amending Local Law #7 of 1980 and #4 of 1988 with Respect to the Imposition and Charge for Water Rates for the Consumption and Use of Water for the Oakwood Water District. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: SECTION 1. Section 2, Subdivision B of Local Law #4 of the year 1988 is hereby amended to read as follows: The owner shall be obligated to pay the minimum charge of $85.00 per quarter, regardless of the consumption of water for said quarter, provided said owner is connected to the system at any time during the quarter. SECTION 2. This Local Law shall take effect upon adoption and as provided by the Municipal Home Rule Law. The following Resolution was offered by SUPERVISOR SMITH who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 10th day of February, 1992, a proposed Local Law Amending Local Law #1 of 1982, #1 of 1985 and #3 of 1988 with respect to the Establishment of Water Rates for the Tall Trees Water Improvement Area, 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 shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 10th day of February, 1992, at 6:51 P.M. on such day at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. 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 Visconti Roll Call Vote: 4 Ayes 0 Nays Councilman Mills --- Absent A Local Law amending Local Law #1 of 1980, #1 of 1982, #1 of 1985 and #3 of 1988 with respect to the Establishment of Water Rates for the Tall Trees Water Improvement Area. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: SECTION 1: Section 2 of Local Law #3 of the year 1988 is hereby amended to read as follows: The following water rates are hereby established for the Tall Trees Water Improvement Area: A. Residential 1. Each residential unit connected to system: $340 annually & payable on quarterly basis. RM12792 SECTION 2: This Local Law as provided by Municipal H shall take effect upon adoption and Mme Rule Law. The following Resolution w s offered by SUPERVISOR SMITH who moved its adoption: 1,11 WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 27th day of January, 1992, a proposed Local Law Amending Local Law #1 of 1981, #6 of 1984 & #6 of 1988 with respect to the Establishment of Sewer Rates for the Fleetwood Sewer District, 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 4ESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 10th day of February, 1992 at 6:53 P.M. on such day at the Town Hall, 20 Middlebush Road, Town o Wappinger, Dutchess County, New York. 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 b lletin 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: Councilwo0an Visconti Roll Call Vote: 4 Ayes 01Nays Councilman Mills ---Absent A Local Law amending L cal Law #1 of 1981, #6 of 1984 and #6 of 1988 with respect to the Establishment of Sewer Rates for the Fleetwood Sewer Distri t. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: SECTION 1: Section 2 of Lc}cal Law #6 of the year 1988 is hereby amended to read as follows• The following sewer rates are hereby established for the Fleetwood Sewer District: A. Residential 1. Each residential unit be obligated to pay 100 for the minimum 17,186 gallons, regardless of consumption of water for said quarter, and $3.00 per 1,000 gallons over the minimum, additional. SECTION 2. This Local Law shall take effect upon adoption and as provided by Municipal H4 Rule Law. Mrs. Visconti presented anlAmendment to the Town Policy to be known as the Health Insurance Policy which has been the subject of several work shop sessions and then prepared by Mrs. Visconti �37 RM12792 for their review. Town of Wappinger Health Insurance Policy (Amendment to the Town Policy) Definitions Dependent: Your lawful spouse and unmarried children for whom you provide the main source of support. This includes step- children or adopted children. It does not include: A. A child who is 19 years or older, unless the child is a full time student in a secondary school, college or university and has a legal residence with you (not to exceed age 23). B. A divorced or legally separated spouse. C. A spouse or child who is insured under the group policy as an employee of the employer. D. A spouse or child in active military service. E. Foster children Health Insurance for Retired Elected Officials --- Elected Officials who retire from the Town, are receiving New York State Retirement or New York State Retirement Disability benefits and have the Town Retirement service credit years with Town Government shall have the option to elect contributory health insurance coverage from the Town based on the following schedule: Town Service Town Share of Coverage Years of Service Individual Dependent 10 - 14 yrs. 35% 20% 15 - 19 yrs. 50% 35% 20 - 24 yrs. 60% 45% 25 yrs. or more 75% 50% Health Insurance for Surviving Spouses (Active or Retired Employee) --- Surviving Spouse receiving health insurance coverage through an active or retired employee shall have the option to continue either individual or dependent health insurance coverage with the Town on a contributory basis based on the attached schedule. Health Insurance for Retired Employee --- Employees who retire from the Town, are receiving New York State Retirement or New York State Disability benefits and have the Town Retirement service credit years with Town government shall have the option to elect contributory health insurance coverage from the Town based on the attached schedule. Schedule of Town Service/Years of Service 40 RM12792 Town Service Years of Service 10 - 14 yrs. 15 - 19 yrs. 20 - 24 yrs. 25 or more yrs. MRS. VISCONTI moved to Insurance Policy as an Seconded by Mr. Valdati I n Share of Coverage ividual Dependent 35% 20% 50% 35% 60% 45% 75% 50% the Town of Wappinger Health dment to the existing Town Policy. Motion Unanimously Carried Mrs. Visconti added that the Councilpeople (part-time elected) officials are not included in the Policy, at this time. She intends to do more research on this and compare with the County and other municipalities. The Bidding and Procedure Policy had been prepared and discussed by the Town Board and now placed before them for their considera- tion. There was one changE made to increase the amount for commodities from $8,000.00 to $8,099.00 in order to conform with the price of the lifts ($8,000) for the Highway Garage which the Town Board had previously pproved to be paid from the 1991 fund balance. 3R BIDDING � Pursuant to Subdivision 1 cf Section 103 of the General Municipal Law, as separately amended by Chapters 453 and 454 of the laws of 1982, wherein it was amendEd by adding Section 104-B, said section increasing the bid limits for commodities from $5,000.00 to $10,000.00 and Public Works projects from $7,000.00 to $20,000.00, and which requires that procedures be established for purchasing goods or services that fail below the new monetary bid limits and said procedures be approve by the governing board, the following is submitted: Be it Resolved that the Toi the Town of Wappinger for c Works projects at $15,000.1 DOLLAR LIMITS $1.00 - $49.99 $50.00 - $749.99 Highway --$500-$749.99 $750.00 and over n of Wappinger set the bid limits in ommodities at $8,099.00 and Public 0 and set the following procedures: PROCEDURE At the discretion of the department. Receive authorization from Supervisor and get PO# from Comptroller before purchase is made. Need Town Board approval -- except Highway Bids and Town Projects. RM12792 $1,000.00-$2,999.00 $3,000.00-$7,999.99 Commodities $8,100.00 and over Public Works Projects $15,000.00 and over Documented telephone quotes at least 3 separate vendors; also must list quotes on PO Formal written quotes from at least 3 separate vendors Sealed bids in conformance with Municipal Law, Section 103 Sealed bids in conformance with Municipal Law, Section 103 Delivery/Freight costs must be included in total dollar amount and not added after quote or bid. Quotes and Bids will be awarded to the lowest responsible and responsive vendor and bidder. In all circumstances, whenever other than the lowest quote or bid is awarded, there must be written documentation of the reason for the award and authorization of the Town Board for award. Under no circumstances can a quote that exceeds the bid limit be awarded. EXCEPTIONS TO POLICY Emergency: An emergency exists wherein the delay caused by soliciting quotes would endanger the health, welfare, or property of the municipality, or more important the individual tax payer, then the procurement of goods or services will be at the discretion of the Supervisor (Chief Fiscal Officer) with documentation as to the nature of the emergency and shall be sent to the Town Board within five (5) working days of such procurement. MRS. VISCONTI moved to adopt the Town of Wappinger Bidding and Procedure Policy. Seconded by Mr. Valdati Motion Unanimously Carried The State had recommended $10,000.00 and over for Commodities and $20,000.00 and over for Public Works Projects, however the municipalities did have the option to adopt their own limits. Mr. Foster objected to this and pointed out that it would cost the Town more money due to the fact that as soon as you go out to bid the contractor has to pay the prevailing wage rate set by the unions. Mrs. Visconti recommended that since the Highway Superintendent felt this way, he should do some homework and present his findings to the Board for their consideration. As a point of information the Engineer added that whether or not the Town goes out to bid on any public works project under $15,000.00, RM12792 they still have to pay thel The Highway Superintendent prevailing wages. said he would take Mrs. Visconti's suggestion and research th6 matter. The matter of the appointment of the Board of Ethics was tabled at the Reorganizational Meeting in order to give the Town Board Members more time to submi their appointments. Mr. Wallace offered the na a of ---------------Ronald Andrews. Mr. Valdati offered the nae of ---------------Robert Lewis Mrs. Smith offered the nam of ---------------Barbara McCormack Mrs. Visconti preferred to table her appointment. The term of Alberta Roe, m�mber of the Zoning Board of Appeals will expire February 1, 1992 and the Board was asked to consider an appointment to fill the vacancy. The following Resolution wits offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that William Bitterlich, be and he hereby is appointed to fill the vacancy on the Town of Wappinger Zoning Board of Appeals which has occurred by the expiration of the term of Alberta Roe, and BE IT FURTHER RESOLVED that the said William Bitterlich will serve on the Zoning Board of Appeals for a five year term which will expire on February 1, 1997. Seconded by: Councilman Valdati Roll Call Vote: 4 Ayes Q Nays Councilman Mills ---Absent SUPERVISOR SMITH moved to fiend a letter of thanks to Alberta Roe for her service to the Towr of Wappinger while serving on the Zoning Board of Appeals. Seconded by Mrs. Visconti Motion Unanimously Carried The next item was considertion of the Dial -A -Ride Contract for the seniors. MRS. VISCONTI moved to approve the Dial -A -Ride Contract and authorize the Supervisor to sign said Contract. Seconded by Mr. Valdati Motion Unanimously Carried RM12792 Mrs. Visconti complimented the Supervisor on the fact that the Senior Citizen Center has done so well since the Town has taken it over and they had to increase the service of the Dial -A -Ride program to five days a week. Mr. Holt, Chairman of the Recreation Commission, requested a transfer of funds for the Senior Citizen Budget in the amount of $3,450 fro A-7620.4 to A-7620.1. This was need to pay certain instructors who they thought were contractual but were, in fact, on the Town Payroll. Mrs. Smith requested a second transfer for the contract with Sloper Ambulance Company for the Ambulance District; this will be needed for the first three months until the taxes start coming in. They will require the amount of $30,165 to be transferred from the A Fund to the Ambulance Fund. MRS. VISCONTI moved to approve the transfer for the Recreation Commission for the Senior Citizen Budget and the transfer for Sloper Willen Ambulance Contract, as requested. Seconded by Mr. Valdati Motion Unanimously Carried Two Resolutions on the Wappinger Sewer Transmission/Treatment Improvement were placed before the Board. The following Resolution was introduced by COUNCILPERSON VISCONTI and seconded by Councilperson Valdati: WHEREAS, the Town Board of the Town of Wappinger has hereto- fore authorized the formation of the Wappinger Sewer Transmission/ Treatment Improvement (hereinafter referred to as "Improvement") pursuant to Article 12-C of the Town Law for the purposes of constructing a sewer transmission trunk line and a one (1) million gallon per day expansion of the sewer treatment facility known as the Tri -Municipal Sewage Plant, located in the Town of Poughkeepsie; and WHEREAS, prior to the formation of the Improvement, the Town Board, pursuant to Article 8 ECL, and Title 6 Part 617 NYCRR, has caused to be prepared and accepted an Environmental Impact Statement, and has made a Statement of Findings pursuant thereto; and WHEREAS, the engineering plans require that the trunk line will have to be installed in and through various parcels of privately and publicly owned property generally set forth in a certain map prepared by said Paggi and Martin entitled "Sewage Transmission Line, Town of Wappinger", dated November 1990, job number 89-077; and RM12792 WHEREAS, in order for connected through private: must obtain easements and parcels affected as deters Paggi and Martin; and the trunk line to be constructed and y or publicly owned lands, the Town rights-of-way through the various ined by the Engineers to the Improvement WHEREAS, the Town Board, on behalf of the Improvement, has determined that it is essential, a matter of public necessity and in furtherance of the public welfare to obtain the necessary easements and rights-of-way to lay, install and construct the trunk line. NOW, THEREFORE, BE ITIRESOLVED AS FOLLOWS; 1. The Town Board of Wappinger Sewer Transmiss that it is essential, a m furtherance of the public ments and rights-of-way t for the purposes of const mission trunk line in acc prepared by Paggi and Mar the Town of Wappinger, on behalf of the on/Treatment Improvement, has determined tter of public necessity, and in welfare, to obtain all necessary ease - rough privately or publicly held lands ucting and installing a sewer trans- rdance with the plans and specifications in, Engineers to the Improvement. 2. The Town Board of the Town of Wappinger, on behalf of the Improvement, hereby direc s that the Town shall acquire the aforementioned necessary asements and rights-of-way from all affected owners of privat ly or publicly held lands. These easements and rights -of -w y shall be obtained by purchase, gift or pursuant to the author ty of the Eminent Domain Law. 3. The Town Board he Smith, Paggi and Martin, P. Roberts, and any membe Attorneys to the Town, to such easements and rights limited to, any further S 8 ECL and the related Tit surveys, maps, plans or r necessary documents neces of way. 4. The Town Board fu Smith, Paggi and Martin, P. Roberts, or any member with the various owners o trunk line is to be const said necessary easements directions and parameters this evening. eby directs Supervisor Constance O. ngineers to the Improvement, and Albert s of his firm, Gellert & Cutler, P.C., undertake all acts necessary to acquire of -way as aforesaid, including, but not QRA studies required pursuant to Article e 6, Part 617-NYCRR, engineering studies ports, and the preparation of all ary to acquire said easements and rights ther directs Supervisor Constance O. ngineers to the Improvement and Albert of his firm, to commence negotiations the parcels of land through which the ucted for the purposes of acquiring the nd rights-of-way in accordance with the discussed in Executive Session earlier 5. The Town Board futher authorizes the hiring of McGrath, Basciani, Real Estate App aisers to conduct appropriate appraisals of the properties affecte , whenever deemed necessary by the Town Supervisor or whenever re uired by the Eminent Domain Law. 6. The Town Supervis contracts, agreements, de or any other legal instru said easements into the T Improvement and to author parcel owners in accordan Executive Session earlier r is further authorized to enter into larations of easements or right-of-way ent necessary to effectuate title to wn of Wappinger on behalf of the ze payment for same to the individual e with the parameters established in this evening. 7. Constance O. Smith, Town Supervisor, is hereby further authorized to execute said Grant of Easement and Right-of-way on behalf of the Wappinger Sewer Transmission/Treatment Improvement for any of the affected parcels, in substantially the same form as annexed hereto, and to undertake the preparation RM12792 of and execution of any necessary instruments required to have said Grants of Easement recorded in the Dutchess County Clerk's Office as expeditiously as possible. 8. Albert P. Roberts, Attorney to the Town, is hereby directed to order a title insurance policy/report insuring title to the Town and the Improvement and insuring all easements and rights-of-way be obtained, with the amount of title insurance to be determined at a later date. Roll Call Vote: 4 Ayes 0 Nays Councilman Mills ---Absent The following Resolution was introduced by COUNCILPERSON VISCONTI and seconded by Councilperson Valdati: WHEREAS, the Town Board of the Town of Wappinger has heretofore authorized the formation of the Wappinger Sewer Transmission/Treatment Improvement (hereinafter referred to as "Improvement") pursuant to Article 12-C of the Town Law for the purposes of constructing a sewer transmission trunk line and a one (1) million gallon per day expansion of the sewer treatment facility known as the Tri -Municipal Sewage Plant, located in the Town of Poughkeepsie; and WHEREAS, Paggi and Martin, Engineers to the Improvement, have prepared a survey map needed to construct the trunk line through Reese Park, last revised on January 8, 1992, entitled "Proposed Easement, Reese Park, Wappinger Sewer Transmission/Treatment Improvement"; in conjunction with said map, Paggi and Martin have prepared a metes and bounds description of the aforementioned easements, both permanent and temporary; and WHEREAS, Albert P. Roberts, Attorney to the Improvement, has prepared a proposed "Grant of Easement" to be executed by the Town of Wappinger, in favor of the Town of Wappinger, on behalf of the Wappinger Sewer Transmission/Treatment Improvement, to be executed by the Town upon authorization by Special Legislation from the New York State Legislature; and WHEREAS, Albert P. Roberts, on behalf of the Improvement has heretofore forwarded copies of the easement maps, legal descriptions and proposed Grant of Easement to New York State Senator Stephen Saland and New York State Assemblyman Donald McMillen and has further requested that the Senator and the Assemblyman introduce appropriate legislation to authorize the construction of the trunk line through Reese Park in accordance with the aforementioned map and Grant of Easement; and WHEREAS, it is necessary that the Town Board formally request the New York State Legislature to introduce the appropriate legislation necessary to construct the trunk line through Reese Park. WHEREAS, prior to the formation of the Improvement, the Town Board, pursuant to Article 8 ECL, and Title 6 Part 617 NYCRR, has caused to be prepared and accepted an Environmental Impact Statement, and has made a Statement of Findings pursuant thereto; and WHEREAS, a portion of the trunk line is required to be constructed through lands owned by the Town of Wappinger, to wit Town -owned public park known as Reese Park; and WHEREAS, in order to construct the trunk line through parklands and obtain the necessary easements in the name of the Improvement, the New York State legislature must authorize same by Special Legislation; and WHEREAS, Paggi and Martin, Engineers to the Improvement, have prepared a survey map needed to construct the trunk line through Reese Park, last revised on January 8, 1992, entitled "Proposed Easement, Reese Park, Wappinger Sewer Transmission/Treatment Improvement"; in conjunction with said map, Paggi and Martin have prepared a metes and bounds description of the aforementioned easements, both permanent and temporary; and WHEREAS, Albert P. Roberts, Attorney to the Improvement, has prepared a proposed "Grant of Easement" to be executed by the Town of Wappinger, in favor of the Town of Wappinger, on behalf of the Wappinger Sewer Transmission/Treatment Improvement, to be executed by the Town upon authorization by Special Legislation from the New York State Legislature; and WHEREAS, Albert P. Roberts, on behalf of the Improvement has heretofore forwarded copies of the easement maps, legal descriptions and proposed Grant of Easement to New York State Senator Stephen Saland and New York State Assemblyman Donald McMillen and has further requested that the Senator and the Assemblyman introduce appropriate legislation to authorize the construction of the trunk line through Reese Park in accordance with the aforementioned map and Grant of Easement; and WHEREAS, it is necessary that the Town Board formally request the New York State Legislature to introduce the appropriate legislation necessary to construct the trunk line through Reese Park. RM12792 NOW, THEREFORE, BE IT 4ESOLVED AS FOLLOWS; 1. The Town Board of the Town of Wappinger, on behalf of the Wappinger Sewer Transmission/Treatment Improvement, hereby requests that the New York State Legislature authorize, by Special Legislation, the construction of the trunk line through Reese Park as laid out on the survey map prepared by Paggi and Martin entitled "Proposed Easemen , Reese Park, Wappinger Sewer Transmission/ Treatment Im rovement" dated May 31, 1991, and last revised on January 8, 1992 2. The Town Board further authorizes the Town of Wappinger to grant to the Town of Wappinger, on behalf of the Wappinger Sewer Transmission/Treatment Imp ovement, the Grant of Easement as prepared by Albert P. Robe ts. 3. The Town Board of he Town of Wappinger, hereby approves and ratifies the previous -equests made by Albert P. Roberts on behalf of the Improvement o introduce a bill for the appropriate legislation into the New Y rk State Legislation by Senator Stephen Saland and Assemblyman Don ld McMillen as set forth above. 4. Constance O. Smith Town Supervisor, Paggi and Martin, Engineers to the Town, and Albert P. Roberts, and any member of his firm Gellert & Cutler, P.C., Attorneys to the Town, are hereby directed to undertake any further action necessary to obtain the appropriate legislation from the State Legislature to construct the trunk line through Ree a Park. 5. Upon the adoption f the appropriate legislation, or in the event counsel to the N w York State Legislation determines that no special legislatioi is required for the subject Easements and Rights -of -Way, Supervi or Constance 0. Smith is hereby directed to execute the Grint of Easement in the form attached hereto and cause the same o be recorded in the Dutchess County Clerk's Office. Roll Call Vote: 4 Ayes 0 Mrs. Visconti had one more the Dog Control Officer. Nays Councilman Mills ---Absent item under Resolutions pertaining to MRS. VISCONTI moved to authorize the Dog Control Officer to enforce the Agriculture an Market Law in the Village of Wappingers Falls. During a brief discussion qrs. Visconti explained that this excluded enforcement of the Village Dog Ordinance, it was a check on unlicensed dogs and it would be no expense to the Town to do this. She had received a call on this matter and a lengthy discussion was held on the pros and cons of this service for the Village so she felt they c uld provide this until they resolved the matter of full service to the Village. The Supervisor announced tat she had something she wanted to do prior to the commencement of the meeting. Last year the Board RM12792 agreed that the employees who gave twenty-five years of service to the Town should be recognized and thanked. This year a plaque was presented to Gladys Ruit by the Supervisor which read as follows: "Presented to Gladys C. Ruit in Recognition of Her 25 Years of Service to the Town of Wappinger With Our Gratitude and Thanks, January, 1992". A similar plaque was for Robert Newhall for his 25 Years of service to the Town of Wappinger which was presented to the Highway Superintendent who, in turn would present it to Mr. Newhall. The Supervisor thanked the both employees and jested that Mr. Fanuele called her before the meeting to remind her that she promised to do this every year for the long time employees, so she asked that we report to Mr. Fanuele that she kept her promise. UNFINISHED BUSINESS --- Mrs. Smith had previously forwarded to the Board Members Resolutions that would be addressed at the business meeting at the Association of Towns. The Board reviewed them and agreed with the Association; it was now required that they inform the Association of this decision. MRS. VISCONTI moved to instruct the Delegate to the Association of Towns to vote on the Resolutions presented at the business meeting in accordance with the recommendation of the Association of Towns. Mr. Valdati asked the status of the abandoned house on Middlebush Road next to the soda company; it was his understanding that there was an arson attempt on the structure and he feels something should be done. He would like to be kept abreast of whatever action the Building Inspector is taking to correct this condition. NEW BUSINESS --- Mr. Valdati referred to phone calls both he and the Supervisor have received regarding a rash of burglaries in the Hamilton Road area of the Town; he wanted to be sure the Vandalism Patrol RM12792 was doing extra patrol in hat area since it seems to be a "hot spot". The Supervisor assured him that the Sheriff Department and the State Troopers are sending extra personnel to that area, also the Town is doubling ip on their patrol and there is an ongoing investigation of tie activities that have been taking place. There was no other business to come before the Board. MRS. VISCONTI moved to adjourn the Meeting, seconded by Mr. Wallace and unanimously carried. The Meeting adjourned at 8:15 P.M. Elaine H. Snowden Town Clerk IJ