1991-12-30 SPMC7�-)'/ -�)
Year End 123091
The Year End Meeting of the Town Board of the Town of Wappinger
was held on December 30, 1991, at the Town Hall, 20 Middlebush
Road, Wappingers Falls, New York.
Supervisor Smith opened the Meeting at 4:30 P.M.
Present:
Constance Smith, Supervisor
Victor Fanuele, Councilman
Joseph Incoronato, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
All joined in the Pledge of Allegiance to the Flag at the
commencement of the Meeting.
A request was received for return of escrow for landscaping
in the amount of $2,000 to Alice & Kwong Hon Wong. The required
documents were in proper form and the Zoning Administrator
recommended release of said escrow.
MRS. VISCONTI moved to return the escrow money in the amount of
$2,000 to Alice & Kwong Hon Wong, at the recommendation of the
Department Heads.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The consideration of a proposal for Health Insurance for
Retirees was addressed by the Board.
Mrs. Visconti explained that Mrs. Smith had discovered that
the Policy for Health Insurance for Elected Officials, Retired
Officials and Active and Retired Employees was not an official
Policy in writing and never acted on by past Town Boards. She
then requested Mrs. Visconti to prepare a Policy for the Board's
consideration. She conferred with Dutchess County in order to
research their procedures, also with private insurance plans and
then prepared a written policy which was discussed by the Board
at a recent work shop. This plan includes recognition for those
who have retired (retirement age will be 62), and based on that,
and years of service, along with a sliding scale on a percentage
basis, she put together a format for the various categories
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of those working for the Town. She recommended that the
situation that exists regarding those who receive the insurance
at the Town's expense, be maintained, as it will be eventually
be reduced by their passing on.
Mrs. Visconti moved to adopt the Policy as presented, seconded
by Mr. Valdati. Both Mr. Fanuele and Mr. Incoronato wished to
discuss the Policy. Mr. Incoronato felt that some of the
matters they had previously discussed at a work shop were not
reflected in the present Policy and objected to a spouse of a
former Supervisor receiving the benefits since he had not
actually retired but was not re-elected to that position .
Mrs. Smith pointed out that this past Supervisor had retired
after he lost the election since he did have the tenure. Mr.
Incoronato requested to see the document when it was available.
He also objected to the Councilpeople receiving the Health
Insurance Benefits, something they had not previously discussed.
This would raise their salary by 100% which would be a burden
on the taxpayers. Mrs. Visconti took exception to these
objections raised by Mr. Incoronato since she had spent a bit
of time putting this together and felt it was fair and not
showing any favoritism, however, there were five people voting
on it so if he objected, that was his choice. Mr. Fanuele
said they started off talking about retirees and then they
switched to current employment so he thought, they should add to
it and make one policy that covers past and present employees.
He did not agree with the number of years of service (10-14)
receiving benefits after retirement, from 14 years on alright..
This should also apply to just Town of Wappinger officials and
employees, he felt. They also agreed that upon a person
reaching 65 and applying for Medicare, Medigap premiums will be
paid on a sliding scale. Other items were discussed and.
amendments made, however, it was agreed that the revisions
discussed would be made and no action would be taken at this
meeting.
MRS. VISCONTI moved to rescind her previous motion to adopt
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the Health Insurance Policy and table action pending amendments
to the Policy, as discussed.
Seconded by Mr. Incoronato
JL
Motion Unanimously Carried
Mrs. Smith informed the Board Members that action must be
taken on the C.S.E.A. Contract in order for them to be paid
as scheduled.
MRS. VISCONTI moved to go into executive session to discuss
the C.S.E.A. Contract.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The Town Board went into Executive Session at 5:10 P.M.
The Meeting was called back to order at 5:12 P.M. with all
five Board Members present.
A resolution was in front of the Board regarding amendments
that were made to the C.S.E.A. Contract; one of the paragraphs
stated that the Town had appointed a negotiating committee
consisting of Robert Valdati and Victor Fanuele, Council -
persons to the Town and Albert Roberts, Attorney. Mr. Roberts
apologized to Mr. Foster, Highway Superintendent who apparently
was also on the negotiating committee but inadvertently his
name was omitted. The Town Clerk corrected the Resolution to
include the name of Graham Foster, Highway Superintendent as a
member of the negotiating committee. Mr. Roberts explained the
changes to the Memorandum which were agreed on and included in
the Resolution. The Memorandum of Agreement, as quoted to them,
was acceptable to the negotiating committee and subject to these
changes.
The following Resolution was introduced by COUNCILMAN VALDATI
and seconded by Councilman Fanuele:
WHEREAS, the Town has heretofore entered into a Collective
Bargaining Agreement between the Town of Wappinger Highway
Department and the Town of Wappinger Highway Unit, Dutchess
County Local 814 of the Civil Service Employees Association,
Inc., which Agreement was effective January 1, 1990 through
and inclusive December 31, 1991; and
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WHEREAS, the Town has appointed a negotiating committee,
consisting of Robert Valdati, Councilperson, Victor Fanuele,
Councilperson, Graham Foster, Highway Superintendent, and Albert
P. Roberts, Attorney to the Town, to negotiate a new contract;
and
WHEREAS, negotiations have concluded and proposed changes
to the Agreement have been agreed upon, subject to formal
approval by the Town Board; and
WHEREAS, a proposed "Memorandum of Agreement" has been
tendered by the Civil Service Employees Association, Inc.,
requires certain amendments which have been agreed to by the
CSEA.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS;
1. The Town Board hereby approves the proposed changes to
the contract between the Town of Wappinger Highway Department
and
the Town of Wappinger Highway Unit, Dutchess County Local 814
of the Civil Service Employees Association, Inc., as set forth
in the Memorandum of Agreement, subject to the changes hereafter
enumerated. A copy of the Memorandum of Agreement is attached
hereto and made a part hereof, designated as Exhibit A.
2. The Memorandum of Agreement shall be amended as follows:
a. Article III, Section 2, Subparagraph B shall have
the first sentence amended to read as follows: "All overtime
and call-in work shall be rotated among employees within the
same title on seniority basis;
b. Article III, Section 2, Subparagraph F, the word
"employee" shall be changed to "employer" in the first sentence;
C. Article V - Leave With Pay - The phrase "less than
one year - five days prorated" shall be deleted;
d. Article V, Section 5 - "Workers Compensation" shall
remain the same as drafted in the Agreement expiring December
31, 1991.
3. Subject to the above changes being made in the
Memorandum of Agreement, the Supervisor is hereby authorized to
execute the Memorandum of Agreement on behalf of the Town.
Roll Call Vote: 4 Ayes Supervisor Smith ---Abstained
Resolution Duly Adopted
Prior to going on to the next order of business, The Supervisor
thanked Councilwoman June Visconti for her work on the Health
Insurance. She realized the time and work this took having
worked on similar projects herself and she appreciated this
work.
Next was consideration of the adoption of the Safety Manuel
compiled by the Supervisor. This was discussed at a recent work
shop and the Supervisor provided the Board Members with another
Year End 123091
section on the evacuation procedures for fires including a
floor plan indicating where employees should go which will be
hanging in the Town Hall for all to familiarize themselves with
the directions. The correction requested by the Highway
Superintendent has been taken care of regarding changing the
eye wash solution every six months instead of every month.
Every employee will be provided with a copy of the Safety
Manual and will be asked to sign a statement that they have
read this Manual.
MRS. VISCONTI moved to accept the Safety Manual including the
correction on the changing of eye wash solution and amendment on
fire evacuation procedures.
Seconded by Mr. Valdati
Motion Unanimously Carried
Mr. Fanuele commented that the employees should read and sign
statement on an annual basis, also the department heads should
check the area to make sure there are no safety violations and
they too, should sign a statement on a semi-annual or annual
basis. Mrs. Smith responded that they will do this on a monthly
basis when they meet.
The Town received their Audit for 1990 from the firm of Sedore
and O'Sullivan and Mrs. Smith noted that it was very similar to
the State Audit. She had reviewed the draft form and made the
comments, as required.
MR. VALDATI moved to accept the 1990 Audit prepared by the
firm of Sedore and O'Sullivan and place it on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The Engineer to the Town had forwarded a Memo to the Board
Members on December 11, 1991, regarding the Pizzagalli Inter-
connection and testing that had been done on November 22nd at
that site, which was self-explanatory.
�q8
Year End 123091
MR. VALDATI moved to accept the correspondence on the
Pizzagalli Interconnection from the Engineer and place it on
file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
MR. VALDATI moved that the Town accept the Booster Station for
the Pizzagalli Interconnection between the Central Wappinger
Water Improvement Area and the Atlas Water System, as recom-
mended by the Engineer to the Town per his report dated
December 11, 1991.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The Engineer's second report referenced the illegal sewer
connection to the Wappinger Sewer Improvement Area by Dennis
Marma, builder of a house on Cedar Hill Road. He noted that
the Town is precluded from (iieing in any houses that do not have
a valid building permit prior to January 1, 1990. Mrs. Smith
had an update on this situation as she had spoken to the Mary'
and Dan O'Connell from the Dutchess County Health Department
and was told that the Health Department would have no problem
making an exception for a legal hookup, however it would be up
to the Town to make the final decision. She reminded the Board
Members that the Town is still operating under a Consent Order
with the D.E.C. prohibiting hookups to W.S.I.A.#1, however there
is also correspondence stating that any building permits
approved before December of 1989 could be hooked into the sewer
system, and the record show that the Marma building permit was
issued in April of 1989. In order to be on the safe side, Mrs.
Smith contacted Joseph Magoliese of D.E.C. for confirmation of
the legality of approving this hookup. She did not want to put
the Town in any jeopardy by assuming that this letter on file
gave them the right to take such action.
Mr. Paggi clarified the fact that the property is in W.S.I.A.#l,
Year End 123091
the subdivision was approved in 1988 with the installation of a
dry sewer lateral and a sewer system. In a letter dated
December 31st, 1989, the Health Department stated there would
be no new sewer connections unless there was a valid building
permit prior to that date. Now, two years later, December of
1991, they applied for a C.O. and it's discovered that they are
hooked up to the sewer system. He assumed that they did not
have a valid building permit two years ago ---wrong assumption.
It would have been a felony against the Town and a fine of
$50,000 a day if they issued a C.O. to any house that falls
under that category and this fact promulgated the December 12,
1991 letter to the Town Board explaining the situation and his
recommendation, for the Town's protection, that Mr. Marma be
ordered to immediately disconnect the connection and physically
witness the removal. He did add that the situation could remedy
itself because of the time frame of the April 1989 building
permit, but he did want the Board to be aware of what was going
on. Mrs. Smith added that the Health Department had discussed
this with the D.E.C., but she would prefer that the Engineer put
this in writing to the D.E.C. Another point was brought out
by both the Supervisor and the Engineer that the Marmas'were a
young couple and apparently were not aware that they could not
just hook up to a sewer system, however since it was brought to
the Engineer's attention by Mr. Marma, he felt that it was not
done intentionally so they would do what they could do to
rectify the situation both for the Town and the Marmas'.
RESOLUTIONS ---
The Supervisor requested authorization to sign an Amended
Easement for James Klein pertinent to the Wappinger Park Water
District. There were errors in the easement submitted which
were found by the Attorney; they have been corrected and the
document is now in proper form.
The following Resolution was offered by COUNCILMAN INCORONATO,
/)?v rr\\ seconded by Councilwoman Visconti.
Year End 123091
WHEREAS, the Town Board of the Town of Wappinger, on
behalf of the Wappinger Park Water District, has determined that
it is necessary and essential, as a matter of public necessity
and in furtherance of the public welfare, that an additional
well, with necessary appurtenances, be drilled and installed in
order to provide an adequate supply of potable water to the
residents of the Wappinger Park Water District;
WHEREAS, a well site has been offered to be given by Klein,
Ritter, Effron and Effron, hereinafter collectively referred to
as "Klein", to the Town of Wappinger on behalf of the Wappinger
Park Water District, subject to terms and conditions hereinafter
set forth; and
WHEREAS, the details of the plans and specifications of
the new well to be constructed on the lands of Klein are more
particularly set forth in the following reports prepared by
Paggi and Martin, Consulting Engineers: "Engineer's Report -
Proposed Wappinger Park Water District", dated August 15, 1988;
"Addendum to Engineer's Report - Proposed Wappinger Park Water
District", dated January 5, 1989 "Amended Engineer's Report,
Wappinger Park Water District", dated March 15, 1990, copies
of each of said reports are on file in the Office of the Town
Clerk of the Town of WAppinger; and
WHEREAS, the Town Board of the Town of Wappinger, on
behalf of the Wappinger Park Water District, has determined
it will accept the easement from Klein subject to the terms
herein set forth.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS;
1. The Town Board of the Town of Wappinger, on behalf of
the Wappinger Park Water District, hereby determines that it is
necessary, essential, a matter of public necessity, and in
furtherance of public welfare, to obtain an Easement and Right
of Way through the lands of Klein for the purposes of locating,
constructing, operating, maintaining, repairing, reconstructing,
replacing and inspecting a water well, water pipeline and main
with all necessary improvements and appurtenances for the
purposes of obtaining ground water and supplying same to the
Wappinger Park Water District. The description of the area
of the Permanent Easement and Right of Way attached hereto and
made part hereof is marked and designated Schedule "A".
2. The Town Board of the Town of Wappinger hereby accepts,
as a gift, the Permanent Easement and Right of Way from Klein
by acceptance of the "Grant of Easement For Water Well, Water
Rights, Pipeline and Main" dated the 30th day of December 1991,
(hereinafter referred to as "Indenture"), in the form annexed
hereto, duly executed by Klein in proper form for recording
in the Office of the Dutchess County Clerk; for the purposes
of this gift, the Town Board hereby acknowledges the value
of this well site as $65,000.00 as determined by Frank G.
Reiss, SRA, Real Estate Appraiser, in accordance with his
appraisal dated June 26, 1991, a copy of said appraisal being
affixed hereto.
3. The Town Board accepts as a condition of this gift of
the Permanent Easement and Right of Way that the premises owned
by Klein, upon which the Permanent Easement and Right of Way is
located, shall be permitted to connect to the Wappinger Park
Water District as a tenant thereof in accordance with the terms
set forth in the Indenture; the subject premises shall be billed
at the same rate as residents of the Wappinger Park Water
District for use of water.
4. The Town Board, as a further condition of acceptance
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of the Indenture, agrees to pay the reasonable and necessary
costs incurred by Klein in connection with this transaction.
5. The Town Board of the Town of Wappinger acknowledges
that no further compliance with Article 8 ECL and the related
Title 6, Part 617-NYCRR is required since the Town Board has
previously undertaken a SEQRA analysis and previously declared
a Negative Declaration of Significance for this project.
6. Constance 0. Smith, Supervisor, Joseph E. Paggi,
Engineer to the Town, and Albert P. Roberts, Attorney to the
Town are authorized and directed to perform all acts necessary
to record said Indenture in the Office of the Dutchess County
Clerk.
7. The Town Board of the Town of Wappinger hereby confirms
the terms of the acceptance of the well and well site as set
forth in the Indenture, a copy of which is affixed to this
Resolution; the Town Supervisor, Constance 0. Smith, is herey*
authorized to execute the Indenture on behalf of the Wappinger
Park Water District, in the same form as annexed hereto, and
to execute such other documents a is necessary to have said
instrument recorded in the Dutchess County Clerk's Office as
expeditiously as possible.
8. Albert P. Roberts, Attorney to the Town, is hereby
directed to obtain title insurance in the amount of $20,000.00
insuring title to said easement; the costs for said title
insurance shall not exceed the sum of $275.00.
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
A Memo was received from the Comptroller requesting a Blanket
Budget Transfer Resolution for Various Town Funds which would
keep open various line items in the 1991 Budget and enable her
to balance and close out year end expenditures and revenues for
1991. Mrs. Smith added that they have been doing transfers on
an ongoing basis so there are not many involved at this time;
they felt that when they got down to the end of the expenses for
1991 and an emergency occurred the Comptroller would like to be
able to make a transfer immediately and keep the books in order.
MRS. VISCONTI moved to approve a Blanket Budget Transfer
Resolution for Town Funds, as requested by the Comptroller.
Seconded by Mr. Incoronato
Motion Unanimously Carried
In a Memo to the Town Board dated December 13, 1991, the
Engineer reported on the Sofair Well Improvements and noted
that when they attempted to put a new submersible pump in the
well they encountered an obstruction at a depth of approximately
Year End 123091
36 ft. beneath the surface which they discovered was an old
pump that was lodged in the well. After analyzing the problem
they decided to put in a new jet pump assembly in the Sofair
r.
well, installed it 20 ft. deeper than the existing one and
the Engineer noted that he was confident there would be no
problem such as what they were previously experiencing during
the well testing of the Klein well. However, it does not meet
the strict letter of the Agreement with Sofair--they did not
put a submersible pump in at a certain depth for the reason
previously explained. This information will be sent to the
Sofairs for their comments and the Attorney has put him on
notice that they may take exception to the installation of the
jet pump because it does meet the letter of the Agreement. Mr.
Paggi acknowledged it was a field decision and felt it was a
good one since it will definitely accomplish the intent of the
Agreement, but if Sofair does not concur with it the Town will
remove what was put in and let them deal with the obstruction
that was found. Other than that all requirements have been met,
the pipe is in, the deeds are filed, the Klein building (Hark
Plaza No. 3) is being served by the Wappinger Park Water
District; they expect lab tests back this day and once they are
received the full system will be turned on. There was a brief
discussion on cost to the District if Sofair decided they did
not want he jet pump and chose to have the obstruction removed,
but the Engineer assured the Board there would be no extra cost
to the District.
The business of the Town, having been completed, the Supervisor
thanked Councilman Victor Fanuele and Joseph Incoronato, whose
terms would expire this year, for all the work they have done
while serving on this Board. They ought to be very proud, she
felt of all they have accomplished. When they came in they had
a mess and they agreed to work as a team which they all did and
she repeated that they should all be proud. At this point she
admitted she did not want this part of the meeting to happen as
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she felt very emotional about the two of them leaving. The
Supervisor then presented "Joe" with a tree with all the birds
and bugs of nature since he was the environmentalist on the
Board and to "Vic", a large "Crayola" container, which referred
to an inside joke on his stories about the company retiring the
different colors. She thanked them both and wished them the
best of luck. Mrs. Smith went on to thank them all, the
Highway Superintendent, Al Roberts, Jay Paggi, and "Mother"
Elaine Snowden for their help during her term as Supervisor.
The Councilmen -elect, James Mills and Bob Wallace were present
and were welcomed by Mrs. Smith and wished good luck in their
term. .
The outgoing Councilmen reviewed the work and progress this
Board had made mentioning the highlights of the past two years
which "Joe" felt went beyond and excelled any previous group
that had served. They in turn thanked the Board Members they
had served with and wished them continuing good luck and
success.
Mrs. Smith announced that the Christmas Trees could be taken
to the Landfill site through the month of January for the
benefit of the news media and those who were not aware of this.
There was no other business to come before the Board.
MRS. VISCONTI moved to adjourn the Meeting, seconded by Mr.
Fanuele and unanimously carried.
The Meeting adjourned at 5:47 P.M.
E aine H. Snowden
Town Clerk