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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 Year End 123091 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 Year End 123091 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 Year End 123091 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 Year End 123091 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 Year End 123091 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