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1989-06-29 SPM129 A Special Town Board Meeting was held on June 29, 1989 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:30 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman Others Present: Thomas Wood, Attorney Joseph E. Paggi, Jr., Engineer Notices were sent to the Town Board Members on June 22, 1989, calling said meeting for June 29, 1989 at 7:20 P.M. Notices were sent to the news media on that day and also posted on the Bulletin Board at the Town Hall, maintained by the Town Clerk. The purposes of the meeting were to consider appointing Mark Liebermann to the permanent position of Fire Inspector for the Town of Wappinger; authorize Shaker, Travis and Quinn to replace a compressor; award a bid for the Bojman Drainage Project and accept the Map, Plan and Report for the proposed Wappinger Sewer Transmission District and seek Lead Agency Designation. The first item the Board addressed was the consideration of appointing our present Fire Inspector, Mark Liebermann to full time Civil Service status Fire Inspector. Mrs. Paino moved to appoint Mark Liebermann full time Civil Service status Fire Inspector for the Town of Wappinger. Seconded by: Mr. Reis Roll Call Vote: 2 Ayes Mr. Farina ---Nay Mrs. Smith ---Nay Mr. Valdati--Nay Motion Defeated Mrs. Smith moved to appoint Mark Liebermann full time Civil Service status Fire Inspector for the Town of Wappinger, conditional upon a six month probation period, per Civil Service Law. Seconded by Mr. Farina Prior to voting on this amended motion, members of the Fire Prevention Bureau and other interested individuals had comments to make on the motion made by Mrs. Smith. 130 Mr. Reis did not understand why his colleagues were voting against Mr. Liebermann in that they were calling for a six month probation period when he's already been with the Town over a year. He felt this was a gross injustice to the man. Perhaps an eight week period would be justified, but not six months, since he has already served that length of time. this appointment in office. Mrs. He also felt that this administration should make and in six months time there would be another one Smith responded that she was well aware that they have an eight week automatic probation period but they have an option, under Civil Service Law to go up to six months probation and that was what she preferred in light of information that had come up but she did not want to discuss at this time unless they wanted to go into executive session. Mr. Valdati pointed out that the six months would expire at the end of December and the present Board would still be in office. Mrs. Smith's suggestion to go into executive session was ignored. Jim Brooker, Chief action a crappe. political He's been of the Hughsonville Fire District, called this ploy and as far as he was concerned, a lot of in this position for a year and three months and his job has to continue on with fire inspecting and fire protection which go hand in hand; a six month probation should not be hanging over his head. Mark Liebermann referred to a letter he received dated March 14, 1988 congratulating him on his appointment which was subject to a six month probation period and he contended he had already served this period since he had been with the Town for over a year. Mrs. Smith reminded him that the probation period was for his provisional appointment and they were now addressing the permanent appointment which was to an eight week minimum probation or up to a maximum of six Herb Mueller, Chelsea Fire Department and member of the Town subject months. Fire Prevention Bureau, backed up Mr. Brooker and felt Mark was doing one hell of a job and something the Town has needed for a long time. He never misses any meetings and whatever hour you call him, day or night, he's there. He has served six months or more probation and he sees no reason why he has to serve another six months. Tim Classey, Building Inspector reiterated the fact that the man has served one year and three months for this Town after passing a Civil Service test for that position. If there's a problem let him know about it, if there isn't then why put him in a position that he has to serve with a lack of confidence in his -job. He could have the feeling 131 that he's doing something wrong that the Board will not agree with --- and that can happen. When you're doing a job sometimes you have to do things that other people do not agree with because you're enforcing the law. He shouldn't be in that position and he can't understand where the justification is for putting him on a six month probation period. In two months you should certainly know that he should be appointed unless there is a problem. Jim Tompkins,Chelsea resident and Town of Fishkill Fire Inspector noted that all the reports he heard on Mark have been excellent unless the Board has a different point of view on something he knows nothing about. The Town should know when they hire an enforcement officer they have to follow the law and enforce it as it is written. It is not for politicians to play around with when it comes to friends. If he's not competent, don't hire him or fire him. Mr. Valdati responded that this has nothing to do with being competent; the law allows this probation and it seems to be in the best interests of the Town to use it. Mrs. Paino said she would agree if Mr. Liebermann was a new employee, but he has served the Town for a long time and it is well over the probation period. Among the others who added their comments were Alberta Roe who stated that by the Town doing this would be the time for Mark to look around for another job and the Town could wind up with nobody. She asked if there was an eligible list available for this position. If she were in this position, that's what she would do. Mr. Farina added his comments that some of the conversation on this matter was going in the wrong direction; it is not a personal attack on Mr. Liebermann, it is an action they feel is for the best interests of the Town. The Board believes he is doing a good job, it is a matter that concerns Mrs. Smith as Chairman of the Personnel Committee and she feels certain policies should be put into effect. Mr. Farina was willing to compromise and settle for a three month probation period and six months for any future employees in this status. Joan O'Riley asked to speak and stated that she was in Civil Service since 1960 and other positions in the County and if Mr. Liebermann has served his six month probation period under his provisional appointment, that should be the end of the probation. Mrs. Smith differed and informed her of the current law of eight weeks probation to a maximum of six month probation. She also said she could amend the 132 motion on the floor for the six month period to either three months or eight weeks. The following resolution was offered by COUNCILWOMAN SMITH who moved its adoption: WHEREAS, Mark Liebermann was provisionally appointed Fire Inspector for the Town of Wappinger with a six month probation period, under Civil Service Law, on March 7, 1988, and WHEREAS, Mark Liebermann, having scored third in the most recently published Civil Service Test, he is now eligible for permanent appointment, NOW, THEREFORE, BE IT RESOLVED, that Mark Liebermann is permanently appointed Fire Inspector for the Town of Wappinger, and BE IT FURTHER RESOLVED, that this appointment is subject to a mandatory eight week probation period, pursuant to Civil Service Law, and BE IT FURTHER RESOLVED, that all future Civil Service provisional and permanent appointments shall be conditional upon a six month probation period, as provided for pursuant to Civil Service Law. Seconded by: Supervisor Paino Roll Call Vote: 5 Ayes 0 Nays Two Representatives were present from the plumbing firm of Shaker, Travis & Quinn, Inc. to discuss the replacement of a defective compressor in the condensing unit #1 which services the Senior Citizen Room and that section of the building. Mrs. Paino read the proposal submitted by them and asked the gentlemen to explain it in layman terminology, which was done. It appears that, as stated, the compressor is defective and this could have been a secondary failure; due to the special nature of the equipment, it will take three to four weeks for this to arrive, although the factory will expedite the order for an additional fee of $400.00; the amount of $3,559.00 is the amount submitted for the compressor and installation. While on the subject Mrs. Smith asked why the Meeting Room and other offices are a lot cooler in temperature than other offices and was told that all we have to do is call and they will send someone to adjust it. MR. VALDATI moved to authorize Shaker, Travis & Quinn, Inc. to install the compressor, per the proposal submitted by them for the amount of $3,559.00. Seconded by Mr. Farina Motion Unanimously Carried 133 Bids on Drainage Culvert Construction, Valley Road, were received and opened on June 21, 1989; Mr. Paggi reported that the low bidder was G & M Construction Co. in the amount of $7,650. Six bids were received ranging from the low bid figure to $11,525.00. He recommended that the bid be awarded to G & M Construction Co. pending submission by the contractor of the appropriate performance bond which will be referred to the Attorney for his review and recommendation. MR. VALDATI moved to award the Contract to G & M Construction Co. in the amount of $7,650.00, per the recommendation of the Engineer and authorize the Supervisor to sign the contract. Seconded by Mr. Farina Motion Unanimously Carried The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, the Town Board previously authorized Paggi and Martin, Consulting Engineers to the Town to prepare a map, plan and report with respect to the establishment of the proposed Wappinger Sewer Transmission District and, WHEREAS, said report has been delivered to the Town Clerk, NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby accept said map and report, and that it be placed on file with the Town Clerk, and BE IT FURTHER RESOLVED, that it is the intention of the Town Board to proceed with the SEQR Review with respect to the proposed District as set forth in said map, plan and report. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, the Town Board is considering the establishment of the proposed Wappinger SEwer Transmission District, and WHEREAS, said District would require a SEQR Review and require the Town Board to establish itself as Lead Agency, and WHEREAS, the Town Board is desirous of having itself established as Lead Agency, NOW, THEREFORE BE IT RESOLVED, that the Town Board feels that the Town Board is the appropriate agency to be considered as Lead Agency in considering the environmental effect of the proposed Wappinger Sewer Transmission District, and BE IT FURTHER RESOLVED that the Attorney to the Town be and he hereby is directed to circulate the Notice of Intention of the Town Board to seek Lead Agency status to all of the involved agencies as set forth in the annexed schedule, and BE IT FURTHER RESOLVED that it is the intention of this Board that the notice that a Lead Agency must be designated, should be forwarded to all involved agencies on or before July 3, 1989, and 134 BE IT FURTHER RESOLVED that thirty (30) days thereafter the Town Board, if no objection is filed, would deem itself to be the Lead Agency for the the purposes of the environmental consideration of the proposed Wappinger Sewer Transmission District. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays Mrs. Paino brought up another item, although it was not on the agenda, but it was just brought to their attention on Wednesday and she felt it important to discuss and consider action. It appears that the route of the Iroquois Gas Line may be changed from the route that Central Hudson has indicated they wish to follow, that being along the path of the Marcy South line. The Public Service Commission and the Department of Environmental Conservation prefer a different route and part of it will follow along the Marcy South line but then it will leave that route and come into the Town of Wappinger in the vicinity of Montfort Road, cross over All Angels Hill Road, through the Angel Brook and Rockingham Developments, cross Old Hopewell Road and then on to the Marcy South line. Wappinger County Legislator Sandy Goldberg informed Mrs. Paino yesterday that the reason for the change of route was due to preservation of wetlands, however it seems it involes not miles of wetlands, but feet of them, possible 200' to 300'. The concern Mrs. Paino said she felt was more for the residents in the area of the proposed alternate route. Mrs. Goldberg spoke on the matter and confirmed that the wetlands they were talking about were between 200 and 300'. She referred a question to the Attorney on whether this figure included the two registered wetlands or did it also include a third potential wetland which is not registered and how many additional feet are they talking about if the third one has not been counted. She explained that there will be a hearing in Albany tomorrow on this subject which leaves them with very little time to present comments, but there may possibly be another one on July 10th. Mrs. Goldberg noted that within twenty four hours of knowledge of this information, the residents had come up with a petition to extend the comment period on the new proposed route so Town agencies and interested parties could have the opportunity to have their comments and opinions on record. Although the hearing in Albany was not a formal one, Mrs. Paino felt that the Attorney to the Town should be present to speak on behalf of the Town Board and voice their objection to this action. 135 Mr. Valdati noted that he and Mrs. Smith had attended a meeting with representatives from Central Hudson and Wappinger County Legislators and were shown photograph maps of the proposed route and he felt it would only be creating another situation rather than use the preferred Marcy South line. He concurred that the Town had been given very short period to respond to this and hopefully the Town will possibly gain more time by the Attorney's presence and comments at the meeting in Albany. MRS. PAINO moved to authorize Thomas Wood, Attorney to the Town, to attend the meeting in Albany on Friday, June 30, 1989, on behalf of the Town of Wappinger in the matter the proposed alternate route for the Iroquois Gas Line. Seconded by Mr. Farina Motion Unanimously Carried There was a possibility that further authorization was needed for the Attorney to pursue an involved party status for the Town to participate in the proceeding. Mr. Wood explained the procedure required and explained that if they do become a party to this proceeding and if there is further testimony, the Town would have the right to cross examine the witnesses and they would also have the right to ask for other expert witnesses so the Town would be allowed to testify. These procedures could cause additional expense to the Town, anywhere from $5,000 to $10,000, depending on the time frame. The situation now is that a decision has to be rendered by July 31st. He mainly wanted to make it clear to the Board what involved party status required and make sure that is what they wanted. MRS. PAINO moved to authorize the Attorney to the Town to seek involved party status for the Town in this proceeding. Seconded by Mr. Reis Motion Unanimously Carried Although Mrs. Goldberg was of the opinion that Central Hudson was on the Town's side and would fight this proposed route known as 1S, Mr. Wood made it clear that it was still a yes and no situation and it is his understanding from the P.S.C. that there is a stipulation being circulated, and at this time they are waiting for Central Hudson to respond, as to whether or not they would be willing to accept the IS alternative as the preferred route. 136 If that is the case there will be no further testimony, they will then go into briefs, and the decision of the judge. Tim Massie, representative of Central Hudson introduced Dave Purdy, Customer Relation Manager from the Beacon District and John Shepherd, Customer Relation Managerof the entire system. Mr. Massie stated that they still want to cross examine P.S.C. witnesses, so at this time they are not ready to settle the issue at the hearings. He then mentioned that since Councilman Valdati and Councilwoman Smith were in their office to go over aerial photos relating to this project, he would also welcome the other Board Members to visit the office at their convenience. He wished to make it clear that this change in the route of the gas line was not at the request of Central Hudson, but rather the P.S.C. and the D.E.C. These gentlemen assured the residents present who were concerned about intrusion on their property they would do everything they could to lessen the impact if they had to go through the inconvenience. Sue Nisgor, 41 Alpert Drive presented a petition to the Board from residents of the Alpert Drive area and others, requesting Public Service Commission to extend the June 30, 1989 date as the final public hearing for the Central Hudson extention of the Iroquois Gas Line to allow them time to prepare statements relating to the change in route of the project. Since their request, an additional hearing date was set for July 10th, however they still asked for an additional ten days due to the short notice and upcoming holiday. Since the Board had addressed an item brought up by Mrs. Paino which was not on the Agenda and the notice of the Special Meeting did not state that other business would not come before the Board Mrs. Smith asked to bring up one brief item relating to the Flag. Mrs. Paino was concerned that they were late for their work shop and did expect the County Executive to visit with them, but she agreed to address the item as requested by Mrs. Smith. The following resolution was offered by COUNCILWOMAN SMITH who moved its adoption: WHEREAS, the Supreme Court rendered a decision that desecration of the United States Flag is not illegal, and WHEREAS, they further decided that it would infringe on the constitutional right of freedom of speech, 137 NOW, THERFORE, BE IT RESOLVED, that the Town of Wappinger go on record as being opposed to this decision, and BE IT FURTHER RESOLVED, that the Town Board instruct the Town Clerk to send a letter to all of the Town's Federal, State and County Representatives supporting passage of an amendment to the Constitution making it illegal to deface or desecrate the United States Flag. Seconded by: Supervisor Paino Roll Call Vote: 5 Ayes 0 Nays There was no other business to come before the Board. MRS. PAINO moved to close the Special Town Board Meeting, seconded by Mr. Reis and unanimously carried. The Meeting closed at 8:30 P.M. Spl. Mtg. June 29, 1989 Elaine H. Snowden Town Clerk