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2005-09-12 RGMSUPERVISOR JOSEPH RUGGIERO TOWN OF WAPPINGER SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-2744 FAX: (845) 297-4558 Monday, September 12, 2005 7:30pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to Flag Suspension of Rules for Public Comment on Agenda Items TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Discussions Master Plan Discussion David Stolman Resolutions: 2005-123 Resolution Authorizing Escrow Refund for 131 Osborne Hill Road 2005-124 Resolution for County Highway Snow and Iee Control Work 2005-125 Resolution Adopting the Spelling of Steinhaus Lane 2005-126 Hold 2005-127 Resolution Authorizing Supervisor to Sign Agreement with Exxon Mobil for Use of Groundwater Model 2005-128 Resolution Authorizing Mid -Hudson Road Runners Race New Business/Comments Executive Session Sal Morello Personnel Request Boyce —v- Town of Wappinger — Tom Davis Alamo Negotiations Adjournment 09/12/2005.WS The Workshop Meeting of the Town of Wappinger was held on September 12, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:35 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman John C. Masterson, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilwoman McCarthy moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilman Bettina and unanimously carried. Supervisor Ruggiero announced that we would be changing the order of the Agenda, he would like to accept the Resolutions first, New Business, then go into Executive Session, and then discuss the Master Plan with Dave Stolman at the end of the meeting. RESOLUTION NO. 2005-123 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 131 OSBORNE HILL ROAD The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, on or about November 25, 2003 Timothy Fogarty of Rehabilitation Support Services deposited Seven Thousand Five Hundred and 00/100 ($7,500.00) with the Town of Wappinger for drainage on 131 Osborne Hill Road, and WHEREAS, Timothy Fogarty has requested a refund in the amount of Seven Thousand Five Hundred and 00/100 ($7,500.00) and has been recommended by George Kolb, Director of Code Enforcement to the Town of Wappinger, in his letter dated August 24, 2005 to the Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Seven Thousand Five Hundred dollars and 00/100 ($7,500.00) made payable to Timothy Fogarty, Account Number 2002-0024, for the refund of 1 09/12/2005.WS the unused escrow funds deposited for the property located at 131 Osborne Hill Road. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-124 RESOLUTION ACCEPTING AGREEMENT WITH DUTCHESS COUNTY FOR SNOW AND ICE REMOVAL The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Town Superintendent of Highways has been requested by the County of Dutchess to participate in the regional County Highway Snow and Ice Control Program within the boundaries of the Town, and WHEREAS, and logically, an earlier or sooner response factor can be provided by Town units and personnel within the locale thereby benefiting the overall safety and welfare of town residents and local community interest, and WHEREAS, such participation by the Town in removing snow from designated County Highways, and by sanding and salting or otherwise treating them for the purpose of maintaining highway safety and accessibility for emergency services, is specifically authorized by article 6, section 135 of the New York State Highway Law. NOW, THEREFORE, BE IT RESOLVED, that the Town Highway Superintendent be and is herein authorized to perform such work as is found necessary, at hourly rates as agreed upon by the Town and the County for the renting and hiring of such equipment for the Winter season. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-125 RESOLUTION ADOPTING OFFICIAL SPELLING OF STEINHAUS LANE The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. K 09/12/2005.WS WHEREAS, Town of Wappinger Highway Superintendent, Graham Foster, has received inquiries as to the proper spelling of Steinhaus Lane. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby declares that the official spelling of Steinhaus Lane shall be as follows: STEINHAUS LANE; and BE IT FURTHER RESOLVED, that Graham Foster, Highway Superintendent to the Town of Wappinger, is herby directed to take whatever steps are necessary to ensure that all references to Steinhaus Lane comply with the official spelling of Steinhaus Lane The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-127 RESOLUTION AUTHORIZING CONTRACT FOR USE OF GROUNDWATER MODEL The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, ExxonMobil has developed, through its consultant, Woodard and Curran ("W&C"), a Groundwater Model; and WHEREAS, the Town would like to use the model for the purpose of analyzing well head protection zones for its well head protection program; and WHEREAS, ExxonMobil has agreed to allow the Town to use the Groundwater Model in accordance with the terms and conditions set forth in the letter Agreement dated August 25, 2005, a copy of which is attached hereto marked and designated Exhibit "1". NOW, THEREFOR, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board Members have familiarized themselves with the contents of the Letter Agreement dated August 25, 2005, understand the terms and conditions stated therein and agree to the terms and conditions stated therein by and on behalf of the Town of Wappinger. 3. The Town Board herby authorizes Supervisor Joseph Ruggiero to execute the Agreement by and on behalf of the Town of Wappinger, which Agreement will authorize the Town of 09/12/2005.WS Wappinger to use the ExxonMobil developed Groundwater Model in accordance with the terms and conditions set forth in the Letter Agreement dated August 25, 2005 The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye The Resolution is hereby duly declared adopted. Supervisor Ruggiero announced that a request had been made by Paul Cassitto, on behalf of the Mid -Hudson Road Runners Club for permission to use the Town Roads, in particular Robinson Lane for their annual classic run. Because his request came in late, we have not had time to prepare a formal resolution for the request. He would like the Board to vote on this matter tonight. A motion was made by Councilman Valdati to approve the resolution endorsing Dutchess County Classic, seconded by Councilwoman McCarthy and unanimously carried. NEW BUSINESS/COMMENTS Councilman Valdati in regard to the silage problem occurring at Montclair Town Houses recently. He requested Mr. Paggi, Engineer to give his report on this problem. Mr. Paggi announced that he received a call from the Supervisor to go up to Montclair to view a potential problem that had occurred early that morning. Two of the residents had heard a loud noise early in the morning, but prior to that, there had been talks of a water leak in the sanitary sewer lateral that feeds that building. Residents claimed they had been smelling natural gas also. After meeting with the fire company from Hughsonville, representatives of Central Hudson Gas division and M&O sanitation, it was determined that the sewer lateral to the building line had separated. Indications are that there was a slight separation of that lateral that could cause the sewage backup and cause the sewage gas odor. With that in mind, the water was shut off and the Building Inspector advised the residents in the upper buildings not to use the facility. Plans were being made for the residents to stay off site until repairs were made. Councilman Valdati indicated that on weekends and when the building is closed there is no way residents can reach the town hall when an emergency arises and help is needed. Supervisor Ruggiero replied that he would look into a messaging service. H 09/12/2005.WS Councilman Bettina said he has received complaints from residents of Chelsea regarding brown water. He would also like Mr. Paggi to prepare an update on Fishkill's water. Councilman Bettina informed that Board that some of the elderly residents in his ward have been complaining about gangs in the neighborhood causing vandalism. He would like the Town Patrol to patrol the area. There was also some discussion regarding the article in the paper concerning the Library tax. Supervisor Ruggiero explained that the newspaper was incorrect. There was special legislation that the residents voted on. The newspaper was made aware of this and a second article would come out clarifying this. Councilman Paoloni informed the board that he would like the presentation for alternative energy placed on the November agenda. At this time 7:55 pm, Councilman Bettina moved to go into executive session to discuss a personnel request and to confer with attorney on two other matters, seconded by Councilwoman McCarthy and unanimously carried. The meeting reconvened at 8:50 pm with all Board Members in attendance. RESOLUTION NO. 2005-129 RESOLUTION AUTHORIZING EXECUTION OF SETTLEMENT AGREEMENT WITH ALAMO AMBULANCE SERVICE, INC. The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Town of Wappinger entered into an Ambulance Service Agreement dated July 10, 2003, (hereinafter referred to as the "Agreement") by and between the Town of Wappinger on behalf of the Wappinger Ambulance Service, Inc. (hereinafter referred to as "Alamo");and WHEREAS, pursuant to the Agreement, Alamo was t provide ambulance and emergency medical service to the Wappinger Ambulance District; and WHEREAS, pursuant to the Resolution adopted in executive Session on September 13, 2004, the Town Board terminated the Agreement dated July 10, 2003 between the Town of Wappinger on behalf of the Wappinger Ambulance District and Alamo Ambulance Service, Inc., for the reasons set forth and enunciated in Executive Session and authorized by Supervisor Joseph Ruggiero to provide Alamo written notice of Termination of the Agreement, which such notification was duly provided; and WHEREAS, the Agreement between Alamo and the Town of Wappinger for monthly fees and capital expenditure fees with respect to the first response facilities located adjacent to Town Hall could result in a claim of approximately $100,000.00 against the Town in addition to other potential 5 09/12/2005.WS liabilities, the aforementioned Termination of Agreement and Defenses of the Town notwithstanding; and WHEREAS, after extensive negotiation, counsel of Alamo has reluctantly offered to settle any and all claims of any nature whatsoever against the Town for the sum of $20,000. NOW, THEREFORE, BE IT RESOLVED, as follows 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby confirms the actions it has taken in Executive Session this evening and hereby determines that it is in the best interests of the Town to settle any and all potential claims by and on behalf of Alamo by executing a settlement agreement authorizing satisfaction of all such claims now and hereafter alleged by Alamo by payment of the sum $20,000, and authorizes the Attorney to the Town, Albert P. Roberts, to prepare and have executed all necessary stipulations and documents implementing such settlement. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. DISCUSSIONS: • Master Plan Discussion—David Stolman went over the Master Plan with the Town Board There was no other business to come before the Board. Councilman Valdati moved to close the meeting, seconded by Councilman Bettina and unanimously carried. The meeting adjourned at 1000 pm. John C. Masterson Town Clerk 0