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2004-01-12 RGMMonday, January 12, 2004 7:30pm Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to Flag Suspension of Rules for Public Comment on Agenda Items Discussion: • Wetlands, Waterbody, and Watercourse Protection Law • Temporary Construction of Sales Trailers Local Law • 992R Amendment Map, Plan and Report — Rockingham Loop/Maxwell Tank Resolutions: 2004-056 Resolution Authorizing Change in Tax Assessment 2004-057 Resolution Authorizing Change Order 4 for the Fuel Oil Tank at Carnwath Farms 2004-058 Resolution Authorizing Bruner Escrow Refund 2004-059 Resolution Establishing Mileage Reimbursements for 2004 2004-060 Resolution Establishing the Corrected Salaries for Certain Part-time and Full-time Positions in the Town of Wappinger 2004-61 Resolution Authorizing the Preparation of an Appraisal and Related Actions in Furtherance of Acquiring the Property Known as Cranberry 2004-62 Resolution Confirming Actions Taken Pursuant to Executive Order Issued for Emergency Ambulance Service for the Wappinger Ambulance District 2004-63 Resolution Authorizing the Town Attorney to Interpose and Answer and Counterclaims in the Action Commenced Against the Town by Absolute Property Management 2004-64 Resolution Authorizing Purchase Order for GASB -34 Software New Business/Comments Executive Session: • Alamo Ambulance • Town Attorney Contracts • Cranberry Referendum Discussion Adjournment 01/12/2004.WS The Workshop Meeting of the Town of Wappinger was held on January 12, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Marco Caviglia, Special Council Gloria J. Morse, Town Clerk 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 Valdati and unanimously carried. DISCUSSIONS: • Wetland, Waterbody, and Watercourse Protection Law- Town Planner, Dan Wery prepared a draft law for the Town Boards review and consideration. Mr. Wery also compiled a study of several local laws of surrounding towns for comparison. After much discussion Supervisor Ruggiero recommended it be sent back to the drawing board for further revisions. • Temporary Construction of Sales Trailers Local Law—Town Planner Dan Wery went over a draft local law that would set limits, size, location and set backs of sales trailer. Mr. Wery explained there would be a limit of one trailer on site at any one time and the location is intended to be limited so as not to impact the neighbors. Also discussed was hours of operation and building/fire safety codes. • 99-2 R Amendment Map, Plan and Report—Rockingham Loop/Maxwell Tank—Jay Paggi, Engineer to he Town went over a draft report for the proposal of a 12" water main on the west side of all Angels Hill Road.. The original Proposed additional storage at the Rockingham Site (Maxwell Place) would be eliminated under this Amendment, and a looped water main connection with the CWWIA in the area of Old Hopewell Road/Kendall Farms would be substituted instead. This would reduce the amount of people that would be out of service in the event there is a break in any section of the Water Distribution centers. In the event there is a water break on Kent Road we would not have 01/12/2004.WS another source of water from the east side of All Angels over toward the Myers Corners Spook Hill area.. What this would do if there was a break in that area would be able to back feed the Spook Hill and Myers Corners area from the second connection. It would be an insurance policy in the event there was a break in another area in the town. The total length of pipe is 4500 feet. He has worked with the Shamrock developers and incorporated all but 1600 feet within the subdivision that is proposed to be built. The town will get full benefit of this water loop by constructing about a third of pipe that is necessary. Mr. Paggi recommends that this loop be constructed in lieu of the re -construction of the Maxwell Place tank. Discussion followed Councilman Valdati moved to authorize the preparation of the resolution for the proposed amended improvements, seconded by Councilman Bettina and unanimously carried. Supervisor Ruggiero announced that Resolution 2004 No. 061 would be voted upon after the Executive Session. RESOLUTION NO. 2004-056 RESOLUTION AUTHORIZING CHANGE IN TAX ASSESSMENT The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, Petitioner Herbert H. Redl has commenced tax certiorari proceedings against the Town of Wappinger commencing in tax year 1999 seeking to reduce the assessment upon parcels identified by Tax Map Grid Numbers 6158-04-559359 and 6158-04-537402 from an assessment of $1,478,000.00 to $546,000.00; and WHEREAS, after much negotiation it has been determined to be in the best interest of the Town to reduce the assessment in the aforementioned $1,478,000.00 assessment to $950,000.00 so long as the parties are in agreement that the separate assessment of $373,000.00 upon the adjoining parcel bearing Tax Map Grid Number 6158-04-537402 remains unchanged. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. That, in accordance with and subject to the agreement and stipulation above described, the annual assessment on parcel identified by Tax Map Grid Number 6158-04-559359 be reduced to $950,000.00, and that this Resolution is further subject to the anticipated approval of the Dutchess County Commissioner of Finance and Wappinger Central School District.. 6 01/12/2004.WS 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 Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-057 RESOLUTION AUTHORIZING CHANGE ORDER 4 FOR FUEL OIL TANK AT CARNWATH FARMS The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. WHEREAS, the Engineers to the Town, Fellenzer Engineering have approved a Change Order for the Carnwath Farms Fuel Oil Tank as per a letter dated January 2, 2004, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth ate incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby approves a change order dated December 15, 2003 for the Carnwath Farms Fuel Oil Tank between the Town and L&O Mechanical Contractors in the amount of Two Hundred, Thirty-five and 00/100 ($235.00) for the reasons set forth in the letter dated January 2, 2004 from Eric Fellenzer of Fellenzer Engineering to the Town Board 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 Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-058 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 56 BROTHERS ROAD The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, on or about March 17, 2003, Ron and Nancy Bruner deposited One Thousand Dollars ($1,000) with the Town of Wappinger in escrow for a special use permit 56 Brothers Road; and 3 01/12/2004.WS WHEREAS, Ron and Nancy Bruner have requested an escrow refund in the amount of One Hundred, Thirty -One Dollars and 00/100 ($131.00), and has been recommended by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, in her letter dated December 16, 2003 to the Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Payment is approved in the amount of One Hundred, Thirty-one Dollars and 00/100 ($131.00) made payable to Ron and Nancy Bruner, Account Number 03-6007, for the refund of the unused escrow funds deposited for 56 Brothers 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 Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-059 RESOLUTION AUTHORIZING REIMBURSEMENT OF MILEAGE The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, certain circumstances call for Town employees to use their personal vehicles for Town business, and WHEREAS, Town employees are reimbursed for the mileage used on their vehicles. THEREFORE, BE IT RESOLVED, that the reimbursement rate for mileage is hereby set at 32.5 cents for the year 2004. 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 Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-060 RESOLUTION ESTABLISHING THE SALARIES OF CERTAIN PART- TIME AND FULL-TIME POSITIONS IN THE TOWN OF WAPPINGER 4 01/12/2004.WS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, at the Reorganization meeting on January 5, 2004, the Town Board of the Town of Wappinger adopted Resolution 2004-028 Establishing Pay Scale for Part-time Clerical, Laborers and Maintenance Other Than Highway Personnel with a minimum hourly rate of Ten Dollars and 00/100 ($10.00). THEREFORE, BE IT RESOLVED, that the designated salaries for the following persons holding full time or part-time positions, as otherwise fixed, be and the same hereby are fixed and established as follows: John Watterson George Bettaglia Al Laurino Rosemarie Martire K. Peterson Peter Vrouvas Lillian Vrouvas Faith Ward Vandalism Patrol Coordinator Refuse and Garbage Recycle Center Recycle Center Recycle Center Recycle Center Recycle Center Recycle Center $ 20.56 per hour. $10.13 per hour $10.13 per hour $10.13 per hour $10.13 per hour $10.13 per hour $10.13 per hour $10.13 per hour BE IT FURTHER RESOLVED, that all such persons so designated shall be paid every Friday throughout the year 2004, with 52 pay periods during such year, with the first payday to be January 2, 2004, and BE IT FURTHER RESOLVED, that the set salary be paid retroactively to January 2, 2004. 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 Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-062 RESOLUTION CONFIRMING ACTIONS TAKEN PURSUANT TO EXECUTIVE ORDER ISSUED FOR EMERGENCY AMBULANCE SERVICE FOR THE WAPPINGER AMBULANCE DISTRICT The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Town of Wappinger has entered into an Agreement with Alamo Ambulance Service, inc. (hereinafter referred to as "Alamo') to provide ambulance service to the Wappinger Ambulance District; and WHEREAS, the Town of Wappinger (hereinafter referred to as "Town") has entered into an Agreement with Alamo Ambulance Service, Inc. (hereinafter 5 01/12/2004.WS referred to as "Alamo") to provide ambulance service to the Wappinger Ambulance District pursuant to written Contract dated July 10, 2003; and WHEREAS, the Contract required that three (3) ambulances and crews capable of providing Advance Life Support care (hereinafter referred to as "ALS") were to be dedicated to the ambulance and emergency health services needs for the residents of the Town of Wappinger, and, in addition, established certain performance criteria to be met by Alamo when providing such ambulance services and emergency health issues; and WHEREAS, numerous complaints have been reported to Supervisor Joseph Ruggiero regarding instances in which Alamo failed to perform in accordance with the performance criteria set forth in the Contract, said complaints having come from the officers of the three Fire Districts serving the Town, Hughsonville Fire District, Chelsea Fire District and New Hackensack Fire District, as well as individual complaints from several residents; and WHEREAS, it appears that Alamo has not provided three (3) dedicated ambulances and crews for the services to be rendered to the Wappinger Ambulance District as set forth in the Contract; and WHEREAS, as a result of Alamo's failure or inability to supply the three (3) dedicated ambulances and crews to the Wappinger Ambulance District, on numerous occasions, Alamo's response time to an incident far exceeded the performance criteria set forth in the Contract; and WHEREAS, by Executive Order No. 2003-7 and Amended Executive Order No. 2004-1, a copy of which are attached hereto as Exhibits "A' and "B", Supervisor Ruggiero declared that a State of Emergency existed in the Town of Wappinger with respect to the health and safety of any sick or injured persons found within the boundaries of the Wappinger Ambulance District; and WHEREAS, as a result of all of the above, Supervisor Joseph Ruggiero authorized the Dutchess County Department of Emergency Response (9-1-1) to dispatch METRO -CARE Ambulance Group or another ALS ambulance and crew, either publicly or privately owned, if Alamo does not or is unable to dispatch an ALS ambulance and crew within five (5) minutes of an incident being reported requiring an ambulance or emergency medical care. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby determines and confirms that it appeared a health emergency existed with respect to the response time of ALS ambulance services provided by Alamo, requiring the dispatch of another ALS C. 01/12/2004.WS ambulance and crew, either publicly or privately owned, at all times following Alamo's failure to dispatch an ALS ambulance and crew within 5 minutes of an incident being reported requiring an ambulance or emergency medical care. The Town Board hereby confirms and adopts the actions of Supervisor Joseph Ruggiero in issuing Executive Order No. 2003-7 and Amended Executive Order No. 2004-1 which authorizes the Dutchess County Department of Emergency Response (9-1-1) to dispatch METRO -CARE Ambulance Group or another ALS ambulance and crew, either publicly or privately owned, if Alamo does not or is unable to dispatch an ALS ambulance and crew within five (5) minutes of an incident being reported requiring an ambulance or emergency medical care and taking whatever steps were necessary to ensure that the Wappinger Ambulance District had at all times three (3) dedicated ALS ambulances and crews in order to achieve the best possible response time and emergency care available. The Town Board hereby further authorizes Supervisor Joseph Ruggiero to send a letter to the Dutchess County Department of Emergency Response (9- 1-1) to identify and designate ambulances dispatched from the Town of Wappinger as Ambulances Nos. 1 through 4. The foregoing Resolution was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-063 RESOLUTION AUTHORIZING THE TOWN ATTORNEY TO INTERPOSE AN ANSWER AND COUNTERCLAIMS IN THE ACTION COMMENCED AGAINST THE TOWN BY ABSOLUTE PROPERTY MANAGEMENT, INC. ET AL. The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, Donald J. O'Mara, III, Patrick L. O'Mara, Sr. and Absolute Property Management, Inc. commenced an action in U.S. District Court against the Town of Wappinger pursuant to 42 U.S.C. 1983, et. seq., by the service of a Summons and Complaint dated December 11, 2003; and WHEREAS, Supervisor Joseph Ruggiero directed that Attorney Albert P. Roberts, Attorney to the Town, to defend the action; and 7 01/12/2004.WS WHEREAS, the Town Board, by its Attorneys, Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP, has reviewed said Summons and Complaint; and WHEREAS, the Town Board disputes all of the allegations made by Donald J. O'Mara, III, Patrick L. O'Mara, Sr. and Absolute Property Management, Inc. against the Town and its employees; and WHEREAS, the Town Board, after due deliberation, finds that it is, and was, in the best interest of the Town to defend its interests by having its Attorneys, Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP, interpose an Answer and any applicable counterclaims against Donald J. O'Mara, III, Patrick L. O'Mara, Sr. and Absolute Property Management, Inc. and otherwise provide such legal services as are necessary to defend the Town in this action. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby confirms the action of Supervisor Joseph Ruggiero in authorizing Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP to defend this action on behalf of the Town of Wappinger and to interpose an Answer as well as any and all applicable counterclaims against Donald J. O'Mara, III, Patrick L. O'Mara, Sr. and Absolute Property Management, Inc. in furtherance of defending the Town's interests in this matter. The Town Board further confirms the actions of Superintendent Joseph Ruggiero in verifying the Answer and Counterclaims and further authorizes Supervisor Joseph Ruggiero to undertake any action or execute any other instruments necessary to complete the defense of this matter. Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP shall be paid in accordance with the retainer agreement between the Town of Wappinger and said law firm. 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 Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-064 RESOLUTION TO AUTHORIZE A PURCHASE ORDER GASB -34 SOFTWARE 01/12/2004.WS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Town Comptroller, Gerald Terwilliger has recommended the purchase of GASB -34 Software, and WHEREAS, Mr. Terwilliger has received bids as follows: MIMS $21,500 WHEREAS, MIMS is the sole provider of this software, and WHEREAS, the Mr. Terwilliger has requested a purchase order in the amount of Twenty-one Thousand, Five Hundred Dollars ($21,500.00) payable MIMS NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. A purchase order is hereby authorized in the amount of Twenty-one Thousand, Five Hundred Dollars ($21,600.00) payable to MIMS, in accordance with a letter dated January 9, 2004 from Gerald Terwilliger, Town Comptroller, to the Town Board. 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 Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution is hereby duly declared adopted At this time, 8:45 p.m., Councilman Bettina moved to go into Executive Session for the purposes of discussing Alamo Ambulance, Town Attorney Contracts and Cranberry Referendum, seconded by Councilwoman McCarthy and unanimously carried.. The meeting reconvened at 10:10 p.m. with all board members in attendance. The following action was taken in Executive Session. RESOLUTION NO. 2004-061 RESOLUTION AUTHORIZING THE PREPARATION OF AN APPRAISAL AND RELATED ACTIONS IN FURTHERANCE OF ACQUIRING THE PROPERTY KNONW AS "CRANBERRY HILLS SUNDIVISION" The following resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the acquisition of certain real property known as the "Cranberry Hills Subdivision", Tax Grid No. 6158-04-951382, is currrently under consideration by the Town Board; and 01/1212004.WS WHEREAS, the Town Board will require a professional appraisal of the "Cranberry Hills Subdivision" as a precondition to any potential acquisition; and WHEREAS, an apprasail of real estate is a professional service not requiring competitive bidding; and WHEREAS, following the commissioning of an appraisal, additional legal stepts are necessary to authorize and enable the Town to acquire the "Cranberry Hills Sudivision", including the preparation of Resolution, Notices of Public Hearing, implementing a Public Referendum and related actions. 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 authorizes Attorney to the Town, Albert P. Roberts, Special Council to the Town Marco Caviglia, Thomas Rothman to take whatever steps are necessary to obtain an appraisal of the property as well as to undertake whatever legal research and steps are necessary to prepare enabling Resolutions, Notices of Public Hearing and other related legal actions in connection with the proposed acquisisiton of the "Cranberry Hills Subdivision". 3. The Town Board hereby further authorizes Hubble Realty Service to complete an apprasail o the Cranberry Hills Subdivision at a cost not to exceed Eight Thousand Dollars ($8,000.00) and further authorizes Supervisor Joseph Ruggiero to execute a Contract on behalf for said apprasail. 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 Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution is hereby duly declared adopted Councilman Bettinamoved to close the meeting, seconded by Councilwoman McCarthy and unanimously carried. The meeting adjourned at 10:12 p.m. 10 /tet✓L` L µ Gloria J. Morse Town Clerk