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2002-01-14 RGMSUPERVISOR JOSEPH RUGGIERO January 14, 2002 TOWN OF W"PINGER SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-2744 FAX: (845) 297-4558 Memorandum AMENDED To: Town Board Attorney to Town Engineer to Town Media From: Joseph Ruggiero Re: Workshop Meeting January 14, 2002 at 7:30pm Discussions: TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI 1) Greenway Presentation — Introduce resolution • Roger Akeley • Joe Ennesser Al Roberts and Dan Wery 2) Town Board Rules r 3) Local Government Records Management Improvement Fund 4) Town Board office 5) Procurement Policy 6) Interim Successor 7) Youth Bureau Resolution 8) Town of Wappinger Recycle Center Grant 9) Executive Session No other business shall come before the board. 01/14/2002.WS The Workshop Meeting of the Town of Wappinger was held on January 14, 2002 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 .. Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk %4r Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent John Clark, of the Dutchess County Department of Planning gave a short presentation on "Greenway Connections" and explained that the benefits of joining would allow the Town of Wappinger to be eligible for Grants. Joe Ennesser of the Recreation Committee gave a report on the mission of the Wappinger Greenway Trail Committee, the trial alignment corridors, potential resources and segments. RESOLUTION NO. 42 2002 RESOLUTION TO INTRODUCE FOR ADOPTION "GREENWAY CONNECTIONS" The following resolution was moved by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Town Board of the Town of Wappinger has heretofore adopted as a statement of land use policies, principles and guides the document entitled "Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities" (hereinafter referred to as Greenway Connections), by which action the Town of Wappinger becomes a participating community in Greenway Compact. WHEREAS, THE Town Board has determined that the proposed action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, part 617 NYCRR (commonly known as SEQRA) and pursuant to Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the only Involved Agency, and is the Lead Agency for this Action. WHEREAS, the Town Board has determined that there are no adverse environmental impacts associated with the adoption of this Local Law and 01/14/2002.WS hereby issues a Negative Declaration of Significance, and the Town Clerk is directed to file the Declaration as provided by law. NOW, THEREFORE, be it resolved: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. 1 of 2002 in the form annexed hereto: except as modified by the amendments contained herein, the Zoning Code and the Subdivision Code as originally adopted and amended from time to time hereafter are to remain in full force and effect and they are otherwise hereby ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action pursuant to Article 8 of the Environmental Conservation Law, part 617 NYCRR (SEQRA) pursuant to Local Law 6 of 1992, and hereby determines that there are no adverse environmental impacts associated with the adoption of this Local Law, and hereby issues a Negative Determination of Significance for this project. 3. The Town Clerk is hereby directed to file the Negative Determination of Significance with the Department of Environmental Conservation as provided by law. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law # of 2001 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 11th day of February at 7:30 p.m., and that the Town Clerk is directed to post and publish notice of the Public Hearing in the form annexed hereto. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing. b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of General Municipal Law; and c. To distribute a copy of the resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law # of 2002 to be held at Town Hall, 20 2 01/14/2002.WS Middlebush Road, Wappingers Falls, New York, on the l lt" day of February at 7:30 p.m., and that the Town Clerk is directed to post and publish notice of the Public Hearing in the form annexed hereto. The question of the adoption of the foregoing resolution was duly put to a roll call vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman voting aye voting aye voting aye voting aye Joseph Paoloni Councilman voting aye The resolution is hereby duly declared adopted. COUNCILMAN VALDATI moved to accept the Negative Declaration for the "Greenway Connections" Seconded by Mr. Colsey Motion Unanimously Carried Next is a resolution to confirm the records retention. Engineer to the Town Jay Paggi informed the Board that the Town will be applying for a grant for up to $75,000 in order to implement a records inventory and planning program. The grant will provide the Town with necessary funds to purchase records storage materials which is specific type of boxing and shelving for this purpose, as well as hiring additional staff to support the department heads. The application is due by February 1St, and his office is working in conjunction with the Supervisor's office and the Town Clerk's office to submit this grant. The State will notify all the grants recipients by June 25, 2002, and all the work must be completed by June of 2003. His office has procured all the application data from the State, with the assistance of Mrs. Morse and have begun meeting with the appropriate people at the town hall to determine the existing conditions and future needs. One of the most important aspects of the application is to identify the goals of the town and the inventory process and to make certain these goals are achievable. Tonight, the Town Board must pass two resolutions for inclusion with the application. RESOLUTION NO. 43 2002 The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Paoloni. WHEREAS, it is believed in calendar year 1988, the Town Board adopted the Records Retention and Disposition Schedule MU -1, originally issued in 1988, and subsequently revised by the State Archives and Records Administration (SARA), State Education Department, pursuant to 57.25 of the Arts and Cultural Affairs Law; and 3 01/14/2002.WS WHEREAS, the Town Clerk is unable to locate the said operative adopting Resolution; and WHEREAS, THE Town Board wished to confirm that it has adopted the Records Retention and Disposition Schedule MU -1 originally issued in 1988 and subsequently revised by SARA; and WHEREAS, the Town Board wishes to confirm the Town Clerk is the Records Management Officer pursuant to 57.19 of the Arts and Cultural Affairs Law. NOW THEREFORE, BE IT RESOLVED, that the Town Board confirms that it has adopted the Records Retention and Disposition Schedule MU -1, originally issued in 1988, and subsequently revised by SARA, State Education Department, pursuant to Article 57-A of the Arts and Cultural Affairs Law, containing legal minimum retention periods for local government records, for use by all officers in legally disposing of valueless records listed therein. BE IT FURTHER RESOLVED, that in accordance with Article 57-A of the Arts and Cultural Affairs Law: (a) only those records will be disposed of that are described in Records Retention and Disposition Schedule MU -1 after they have met the minimum retention periods described therein; (b) only those records will be disposed of that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond established legal minimum periods. BE IT FURTHER RESOLVED, that the Attorney to the Town is authorized and directed to prepare the necessary amendments and changes to Chapter 50, Article II of the town Code to reflect the adoption of the Records Retention and Disposition Schedule MU -1, as revised. BE IT FURTHUR RESOLVED, that the Town Clerk is hereby confirmed as the Records Management Office pursuant to the Arts and Cultural Affairs Law 57.19. The foregoing was put to a vote which resulted as follows. Joseph Ruggiero, Supervisor Voting Aye Robert L. Valdati, Councilman Voting Aye Vincent F. Bettina, Councilman Voting Aye Christopher J. Colsey, Councilman Voting Aye Joseph P. Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted Next is the Resolution dedicating funds for improvement of the Records Management and Reorganization of Town Records. 0 01/14/2002.WS RESOLUTION NO. 44 2002 The following Resolution was introduced by Mr. Valdati and Seconded by Mr. Colsey. WHEREAS, the Town Clerk has advised that the Town's records are in need of review, examination, organization, reorganization and elimination of unnecessary documents as per the Records Retention and Disposition Schedule MU -1, as promulgated by the State Archives and Records Administration; Whereas, the Town Board intends to authorize the creation of Records Advisory Committee to study, investigate records management within the town and to recommend to the Town Board a comprehensive Records Management Plan; and WHEREAS, the Town Board wishes to allocate $12,000.00 for review, examination, organization, reorganization and elimination of unnecessary documents, as well as for the purchase of necessary equipment, such as shelving and the hiring of additional personnel as needed. NOW THEREFORE, BE IT RESOLVED that the sum of $12,000.00 shall be transferred from the "A" Fund balance to a Town Clerk line item 1410.410 to be used for the review, examination, organization, reorganization and elimination of unnecessary documents, as well as the purchase of necessary equipment and hiring of additional personnel as may be needed. BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to create and appoint a Records Advisory Committee to study, investigate records management within the Town and to recommend to the Town Board a comprehensive Records Management Plan, said Committee shall consist of the Town Clerk and such other persons as the Supervisor deems appropriate. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert L. Valdati, Councilman Voting Aye Vincent F. Bettina, Councilman Voting Aye Christopher J. Colsey, Councilman Voting Aye Joseph P. Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted Next is a Resolution to conduct Space Study of the Comptrollers Office. Don Swartz gave a short presentation on taking the Comptrollers Office and creating a Town Board Caucus room/office meeting room. RESOLUTION NO. 45 2002 The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Councilman Colsey. 5 01/14/2002.WS RESOLVED, that Donald L. Swartz of Cerniglia & Swartz, Architects, 134 Academy Street, Poughkeepsie, New York 12601-4312, is hereby authorized to undertake a space study for the purposes of rearrangement of the Town Comptrollers Office in accordance with a written proposal dated January 9, 2002 at a cost not to exceed the sum of $2,780. BE IT FURTHER RESOLVED, the Supervisor is hereby authorized to sign said proposal on behalf of the Town and authorize commencement of the work thereby. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert L. Valdati, Councilman Voting Aye Vincent F. Bettina, Councilman Voting Aye Christopher J. Colsey, Councilman Voting Aye Joseph P. Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted Next is a draft for the Rules of the Town Board of the Town of Wappinger. Supervisor Ruggiero explained that this is only a draft for the board members to review and consider for the next meeting. This draft has been taken from rules that are used in other towns. Discussion followed. NO ACTION TAKEN. Next is a draft on the Limits and Procedures to Procurement Policy. Comptroller, Jerry Terwilliger went over the draft, and explained that this Policy would save his office a lot of extra work. Discussion followed. NO ACTION TAKEN. Next is a Resolution establishing Succession of Authority in the event the Supervisor is absent. RESOLUTION NO. 47 2002 The following Resolution was moved by Councilman Bettina and seconded by Councilman Valdati WHEREAS, Article 2-B, Section 27 of the Executive Law of the State of New York, authorizes a town to establish the succession of authority in the event the Supervisor is absent from the Town or is otherwise unable or incapable of performing the duties of his/her office during a disaster or emergency conditions; and WHEREAS, the Town Board has determined it is in the best interests of the Town of Wappinger to establish the succession of authority and to name those persons or officials who will assume the duties of the Supervisor when the Supervisor is absent from the Town, or is unable or incapable of performing his/her duties during a disaster or emergency conditions NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Co 01/14/2002.WS 1. The Town Board hereby introduces for adoption Local Law # of the Year 2002 in the form annexed hereto establishing the succession of authority in the event the Supervisor is absent from the town or is unable or incapable of performing his/her duties during a disaster or emergency conditions. 2. The Town Board hereby determines that the proposed action, that is the introduction of the aforementioned Local Law, is a Type II action as defined in 6 NYCRR 617.5©(16) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law #6 of 1992 or pursuant to 6 NYCRR Part 617. BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law #_ of 2002 to be held at the Town Hall, 20 Middlebush road, Wappingers Falls, New York on the 11th day of February, 2002 at 7:30 p.m., and that the Town Clerk be directed to post and publish notice of the Public Hearing in the form annexed hereto. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert L. Valdati, Councilman Voting Aye Vincent F. Bettina, Councilman Voting Aye Christopher J. Colsey, Councilman Voting Aye Joseph P. Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted The next Resolution is the application made to the Dutchess County Youth Board for a Youth Development/Delinquency Prevention Grant. RESOLUTION NO. 48 2002 The following Resolution was moved by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, Constance 0. Smith, Supervisor, made an application to the Dutchess County Youth Board for a Youth Development/Delinquency Prevention Grant for the calendar year 2002, a copy of which application is appended to these minutes; and WHEREAS, the Dutchess County Youth Board has approved the application in the amount of $7,204 (code number 02132710R033); and WHEREAS, THE Town Board agrees to disburse the grant funds and to provide the services as itemized and identified in the application. NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts the representations, terms and conditions contained in the application 7 01/14/2002.WS submitted to the Dutchess County Youth Board (code number 02132710R033) and hereby approves the Projects described in the Youth Development Delinquency Prevention application on file with he New York State Division for youth and Dutchess County Youth Board. BE IT FURTHER RESOLVED, that by accepting the grant monies the Town hereby agrees to the following: 1) The municipality will abide by OCFS as to the propriety of all expenditures upon which state aid is requested; -- 2) This project will be operated in compliance with the laws, rules, regulations, resolutions, and codes of the State of New York and pertinent political subdivisions; 3) No youth will be denied the services or facilities of this project because of race, creed, color, or sex; and 4) No fee will be charged for the programs supported by State Funds. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert L. Valdati, Councilman Voting Aye Vincent F. Bettina, Councilman Voting Aye Christopher J. Colsey, Councilman Voting Aye Joseph P. Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted Next is a Resolution authorizing the filing of an Application for a State Grant -in -Aid for a Municipal Waste Reduction and/or Recycling Project and Signing of the associated State Contract. The following Resolution was offered by COUNCILMAN PAOLONI and seconded by Mr. Valdati and unanimously carried. RESOLUTION NO. 49 2002 WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects; and WHEREAS, the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws; and WHEREAS, it is necessary that a Contract by and between the PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger. O1/14/2002.WS 1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2. That Supervisor, Joseph Ruggiero, is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE; 3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Municipal Waste Reduction and/or Recycling Project; 4. That the MUNICIPALITY or MUNICIPALITIES set forth their respective responsibilities by attached joint resolution relative to a joint Municipal Waste Reduction and/or Recycling Project. 5. That this resolution shall take effect immediately. Joseph Ruggiero, Supervisor Voting Aye Robert L. Valdati, Councilman Voting Aye Vincent F. Bettina, Councilman Voting Aye Christopher J. Colsey, Councilman Voting Aye Joseph P. Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted COUNCILMAN VALDATI wished to know if the Zoning Administrator was aware that there was an alleged unauthorized car repair shop violation at 3 Bowdoin Lane. The Zoning Administrator informed Mr. Valdati that both she and the Fire Inspector have been to the site several times and Mr. Carlson, the owner claims he is repairing cars for friends and denies he is receiving compensation, only beer. He has also brought in several neighbors who back up his story. Discussion followed. At this time 9:00 p.m. COUNCILMAN BETTINA moved to go into Executive Session to discuss Personnel. Seconded by Mr. Colsey Motion Unanimously Carried The meeting reconvened at 9:31 p.m. with all Board Members present. There was no action taken at Executive Session. COUNCILMAN VALDATI moved to adjourn the Town Board meeting, seconded by Mr. Paoloni and unanimously carried. The meeting closed at 9:31 p.m. r G� iToGlori J. orse w , terk