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1994-02-28 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER FEBRUARY 28, 1994 - - - - - - - - - - - - - - - - - - - 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 13. Accept Minutes: Regular meeting January 24, '94 Special Dec. 3, '93 4. REPORTS OF OFFICERS: Sup/Compt Town Justices Receiver of Taxes Bldg. Insp. Zng. Adm. Dog control officer %ui 0 1 5. PETITIONS & COMMUNICATIONS a. Notification of Intent to renew Liquor License by F. Nola, Pres., Inn at Osborne Hill & Ron Plimley for Amberleaf Vinyards jb. Notification of intent to enlarge "Jacks Tavern" (Rte376) by lRobert Fair c. Daniel Sopchak request for withdrawal of Sudbivision application and attendant fees be refunded. d. Request for return of Escrow Funds by: (1) CAMO Pollution Site Plan, $4,321.30 (2) M. Schwebel, lot realignment, $48.12 Ie. Memo from D. Brown, Water & Sewer Billing Clerk, requesting ` permission to purchase 50 Water meters. f. R. Holt, Rec. Ch. requests for: (1) permission allowing P. Roe, K. Delisa & J. Ennesser to attend NYS Rec & Parks Conference at Nevele, 4/17 thru 4/20. (2) approve P.O.'s for Custodians at schools for Rec. Programs (3) Approve P.O.'s for Summer Concert! 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT H. Levenson Report 8. RESOLUTIONS a. Approve agreement with Sheriff for Vandalism Patrol, & Authorize Supervisor to sign b. Adopt "Employees Inclement Weather & Disaster" Policy C. Resolution establishing Capital Reserve Fund for Highway Equipmen d. Resoluiton establishing Minimum and Maximum Fund Balances for Highway Equipment e. Vacancy on Board of Assessment Review (5 yr term -Exp. of Diehl) f. Resolution for Bond Anticipation Note for.Phase IIIA T/W Sewer In g. Declare Town of Wappinger Lead Agency Status for Phase IIIA & authorize Consultants to prepare EAF h. Resolution for Recreation Land Transfer i. Highway Bids j. A. Buckley, Compt., requests permission to Temporarily borrow from B. Fund & open 2 new Bank accounts for Phase II & IIIA for Tri -Muni Projects. ). UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT I 940228.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on February 28, 1994 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order at 7:30 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Joseph Incoronato, Councilman June Visconti, Councilwoman Elaine Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Joseph Paggi, Jr., Engineer to the Town Herbert Levenson, Zoning Administrator Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag at the commencement of the Meeting. MINUTES The Minutes of the Regular Meeting of January 24, 1994 and the Special Meeting of December 3, 1993 having previously been forwarded to the Town Board, were placed before them for their consideration. Councilwoman Visconti stated that there was an error in the Minutes of the Reorganization Meeting of January 3, 1994 that needed correcting. On page 24 the choice for Councilman Valdati for the Board of Ethics was omitted, his choice being Robert Lewis. COUNCILWOMAN VISCONTI moved that the above stated Minutes, as submitted by the Town Clerk be and they are hereby approved as corrected. Seconded by Mr. Valdati Motion Unanimously Carried REPORTS Reports for the month of January were received from the Town Page 1 2/28/94 940228.RGM Justices, Supervisor/Comptroller , Receiver of Taxes, Building Inspector, Zoning Administrator, Dog Control Officer. Also filed with the Town Clerk was the Supervisors Annual Financial Report on Friday February 25, 1994 and so noted that the report again was filed early. COUNCILWOMAN VISCONTI moved to accept the above stated reports and placed them on file. Seconded by Mr. Incoronato Motion Unanimously Carried PETITIONS & COMMUNICATIONS Notice of intent to renew liquor licences were received from Frank V. Nola, President, The Inn at Osborne Hill and Ron Plimley of Amberleaf Vineyards. COUNCILMAN VALDATI moved to accept the notices of intent to renew liquor licenses and place them on file, without comment. Seconded by Mrs. Visconti. Motion Unanimously Carried A notice of intent to enlarge "Jacks Tavern" (Rt 376) was received from Robert J. Fair, Jake Enterprises of Dutchess, Inc., DBA as Jack's Tavern. He will be moving the above named business over three store fronts in the same Plaza. COUNCILWOMAN VISCONTI moved to accept the notice of intent to enlarge Jack's Tavern and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried A request was also received from Daniel Sopchak, for the withdrawal of his Subdivision application, and for the return of the attendant fees of $104.75, plus any other charges that were incurred.' COUNCILWOMAN VISCONTI moved that the refund be made less any accrued charges. Page 2 2/28/94 940228.RGM Seconded by Mr. Valdati Motion Unanimously Carried Requests for the return of Escrow Funds were received from the following: (1) Camo Pollution Control, 692 Violet Avenue, Hyde Park, NY, Site Plan Application #313 Deposit in the amount of $4321.30: (2) Mark Schwebel, 75 Dogwood Road, Hopewell Junction, NY, lot re -alignment application #641 in the amount of $48.12. COUNCILWOMAN VISCONTI moved to approve the Requests for the return of Escrow Funds based on the recommendations of the Zoning Administrator, Herb Levenson. Seconded by Mr. Incoronato Motion Unanimously Carried A memo was also received from Debbie Brown, Water & Sewer Billing Clerk, requesting permission to purchase 50 Water meters. Because of the frigid weather, water meters have been bursting, leaking, and cracking. This has dwindled the supply down to 18 meters. The cost not to exceed $5,000.00 from 8310.40WC. COUNCILMAN VALDATI moved to allow Debbie Brown to purchase 50 Water meters from Sensus Technologies. Seconded by Mr. Incoronato. Motion Unanimously Carried Another request was also submitted by Ralph Holt, Chairman of the Recreation Department for permission allowing Mrs. Delisa, Mrs. Roe, and Mr. Ennesser to Attend the New York State Recreation and Park Society Inc, 54th Annual Conference and Exhibition, to be held on April 17-20 at the Nevele Resort and Country Club, Ellenville, NY. The cost to be $82.00 per day double occupancy for Mrs. DeLisa & Mrs. Roe, and $91.00 per day, single occupancy for Mr. Ennesser. COUNCILWOMAN VISCONTI moved to approve the requests for the Page 3 2/28/94 '�I J 940228 . RGM above mentioned to attend The New York State Recreation and Park Society Inc, 54th Conference at the Nevele, and their legitimate expenses be a Town charge. Seconded by Mr. Incoronato. Motion Unanimously Carried The following Purchase Orders were submitted for approval by Mr. Ralph Holt, Chairman of the Recreation Department. (1) Custodial services for Saturday Programs at Sheafe Road School for $1,026.48 and Myers Corners School for $1,105.44. (2) Concerts for the summer of 1994 which have been allocated in Recreation Contractual Account A-7140.4 as follows: June 30 The Woods's Tea Co. $ 625.00 Folk July 7 The Phantoms 950.00 50's July 14 A. J & The Hearts 1,000.00 50's July 21 Wild East 950.00 Country July 28 Heart & Soul 775.00 Top 40's Aug. 4 Switch in Time 800.00 Big Band Aug. 11 The Shallows 1,000.00 50's COUNCILWOMAN VISCONTI moved to approve above Purchase Order requests for the custodians at schools and the Concert Funds. Seconded by Mr. Ruggiero Motion Unanimously Carried COMMITTEE REPORTS MR. RUGGIERO reported on his attendance at the Tri -Municipal Sewer Commission Meeting last month. There were some concerns. with the Department of Environmental Conservation. They were having a difficult time getting approval for certain certifications. Funds were being held up by the State. Mrs. Smith stated at that meeting, that she would call Peg Duke of New Paltz, & she in turn called Albany, so things are now moving along. MR. VALDATI gave his reports on the condition of the Highways, Page 4 2/28/94 9 n F11 940228.RGM �y he stated the conditions on New Hackensack Road & 376 near airport were very icy on Saturday night, realized that it is a County road, and questioned Graham Foster, Superintendent of Highways, whom to report these conditions to. Mr. Foster responded, that whenever dangerous roads are encountered he immediately reports it to the County or State. Mrs. Smith said that she also received many calls on the icy conditions in that area, and she had gotten in touch with the County regarding the situation, because she was not sure how to get in touch with Mr. Foster on his beeper. MR. INCORONATO gave a report on Planning and Zoning, some time ago a series of revisions was received from consultant Frederick Clark & feels we should schedule a workshop. Mrs Smith said she had scheduled a workshop but, the Town Planning Board said they have comments to give her, & when she gets comments from them, she will schedule a meeting. Another issue Mr. Incoronato brought up was the constant absence of one member of the Planning Board, and after checking the records noticed that the member had been absent for 7 months. He was rather concerned that the Chairman of the Planning Board had not notified us. Mrs. Smith stated that she had been notified & called the member on several occasions. Because of job conflicts, he was not able to attend the Planning Board Meeting. The member was in the process of resigning and she had just received his resignation. Mrs. Smith has also scheduled a work shop for interviews. Lastly, Mr. Incoronato noticed that a payment for $10,380.00 made out to Archetypes Corporation in the check roster for the plans on the Emergency Complex to be built. Mr. Incoronato requested a workshop preferably in March, on the status to find out what we are getting for our money. Mrs. Smith agreed. MRS. VISCONTI read a congratulatory letter to the Town from the State, congratulating the Town Assessor, Tom Logan for Page 5 2/28/94 940228.RGM maintaining a system of Real Property Tax Administration which meets the high standards set by the state, which allowed the town to get back $18,000.. She felt the letter should be noted in the minutes. Another Letter Mrs. Visconti received was from Ann Marie Buck, Dog Control Officer requesting a gate or cages for the more dangerous animals that she must transport in her line of duty. Alberta Roe, a Town Resident from the audience suggested getting in touch with the Pied Piper Kennels, located in Hyde Park for information to obtain these cages. Another resident from the audience, Todd Bender suggested getting cages rather than putting dogs behind a gate so as not to be loose. Mrs. Visconti said she would look into this matter. MRS. SMITH reported on Association of Towns Seminar that she attended recently. She went to several classes, one being on Wet lands. Mrs. Smith discussed the Wet lands and explained the procedures for getting permits. Mrs. Smith also notified everyone of the Cholesterol Screening test being given by the American Heart Association on April 13 at a cost of $20.00. BONDS & LETTERS OF CREDIT Mr. Levenson's monthly report on the schedule of Bonds and Letters of Credit was received and he also submitted a copy of a letter forwarded to Red Hawk Hollow Subdivision notifying them that their Letter of Credit I-171-BKCT-57000159 will expire on May 1, 1994, stating that a renewal must be received no later than April 1, 1994. COUNCILWOMAN VISCONTI moved to accept Mr. Levenson's report on the schedule of Bonds and Letters of Credits and place on file. Seconded by Mr. Valdati Motion Unanimously Carried RESOLUTIONS Page 6 2/28/94 940228.RGM The first Resolution is for the Consideration of an agreement with the Sheriff for the Vandalism Patrol, and Authorize the Supervisor to sign. COUNCILWOMAN VISCONTI moved to approve the following agreement between the Town of Wappingers and the Dutchess County Sheriff for the Vandalism Patrol and authorize the Supervisor to sign said agreement. WHEREAS, the Town of Wappinger has requested that the County of Dutchess authorize the Sheriff of Dutchess County to provide police protection over and above the local police protection budgeted and allocated for the Town, and WHEREAS, the Town understands that such police service may require the appointment of Deputy Sheriffs on an overtime basis and must comply with the Fair Labor Standards Act and the current Agreement between the County of Dutchess, the Dutchess County Sheriff and the New York State Federation of Police, Inc. and be subject to the further condition that Deputy Sheriffs are available for the overtime employment as the Town schedules with the Sheriff, and WHEREAS, General Municipal Law Section 119-o authorizes municipal corporations to enter into agreements for the performance among themselves or one for the other of their respective functions, power and duties on a contractual basis, and WHEREAS, Opinion No. 80-284 of the State Comptroller and Opinion No. 81-89 of the Attorney General provide that a County may contract with a local municipality to provide police protection that is more intensive than usually and normally supplied by the Sheriff and involving greater County outlay in money, manpower and equipment, and WHEREAS, the Town of Wappinger agrees to pay the expenses incurred in connection with the provision of the additional police protection services, and WHEREAS, the Dutchess County Legislature has approved this Agreement by Resolution No. 315 of 1990, now, therefore, it is mutually agreed by and between the parties hereto as follows: 1. SCOPE OF SERVICES. The County and the Sheriff agree to furnish police protection services including manpower, equipment and supplies in excess of that which is usually and normally furnished by the Sheriff's Department to the Town as Follows: a. The Sheriff and the Town shall arrange for the additional police protection to be provided to the Town by the Sheriff. The Town shall give the Sheriff one week's advance notice of any change to the dates and times it seeks the additional police protection. The Sheriff shall designate an individual from his department and the Town shall designate a representative to make or receive the requests for additional police protection or to confer upon matters concerning the delivery of such services. Page 7 2/28/94 a° 940228.RGM b. The Sheriff shall provide sufficient Deputy Sheriffs to patrol the Town during the scheduled hours which shall constitute the additional protection. The Town shall provided the patrol cars necessary for the Deputy Sheriffs to patrol the Town. The Sheriff, in his sole discretion, shall determine amount of manpower, equipment and supplies necessary to provide the additional police protection requested. In the event the Town seeks additional protection not previously scheduled, the Town shall so notify the Sheriff as set forth in paragraph "1(a)". In the event the Sheriff is unable to provide the additional police protection requested and/or scheduled by the Town, the Sheriff shall so notify the Town. C. The Sheriff shall provide additional police protection within the boundaries of the Town during scheduled hours. Only emergencies (as is customarily defined), the pursuit of a violator or the processing of persons arrested will result in an officer being outside the Town during scheduled hours. The Town shall be credited for any time when a scheduled deputy Sheriff is required to leave the Town to assist in an emergency unrelated to the police services provided to the Town. d. The Sheriff shall enforce State statutes and local laws. e. The Planning, organization, scheduling, direction and supervision of the Sheriff's personnel and all other matters incident to the delivery of additional police protection to the Town shall be as determined by the Sheriff. The Sheriff shall retain exclusive authority over the activities of his personnel working in the Town. f. Any conflict between the Town and the Sheriff regarding the extent or manner of performance of additional police protection delivered to the Town shall be resolved by the Sheriff, whose decision shall be final and conclusive. g. It is understood that this additional coverage will in no way diminish the regular patrols customarily provided outside this contract for the Town by the Sheriff's Department. 2. EQUIPMENT AND FACILITIES. a. Except as otherwise stipulated, the County and the Sheriff shall furnish all manpower, equipment and supplies required to provide additional police protection to the Town. b. The Town shall provide the patrol cars necessary for the Deputy sheriffs to patrol the Town. C. The County and the Town Shall retain title to the property each may acquire to fulfill its obligations under this Agreement and each shall remain solely responsible for such property and any damage thereto. Upon the termination of this agreement, each party may dispose of its property as it sees fit. 3. TERM OF AGREEMENT. This Agreement shall be effective on January 1, 1994 and shall terminate on December 31, 1994 unless otherwise terminated or renewed as set forth herein. 4. PAYMENT. a. The Town shall reimburse the County for the actual expenses incurred in performing the additional police protection services provided hereunder as follows: The Town shall pay an amount not to exceed $28.36 per hour for each Deputy Sheriff Page 8 2/28/94 oil 9 940228.RGM scheduled. In addition, in the event that the Town should require the use of a County patrol car in lieu of its own, the Town shall pay a flat fee of $30.00 per patrol car for each eight-hour shift or portion thereof. b. The County and the Sheriff may adjust annually the fees charged for providing additional police protection based upon an increase in cost to provide such services. The Sheriff shall notify the Town of such adjustment prior to any renewal term or each January. C. Notwithstanding the foregoing, it is understood that the hourly salary rate set forth above reflects the maximum possible %%W overtime rate for Deputy Sheriffs under the 1988 Agreement between the County of Dutchess, the Dutchess County Sheriff and the New York State Federation of Police, Inc. It is agreed that the Sheriff shall only charge the actual overtime rate of the Deputy Sheriff scheduled to perform services hereunder. However, it is also agreed that the overtime rate shall automatically be adjusted in the event that the Sheriff enters into any successive contract which contract changes the hourly wages of Deputy Sheriffs. The Sheriff shall notify the Town of the new overtime wage rates following the approval of any successive collective bargaining agreement. The Town shall reimburse the County for any increase in the wage rates retroactive to the effective date of the successive collective bargaining agreement or the effective date of this contract, whichever occurs later. d. The Sheriff shall bill the Town within ten days after the close of each calendar month for all additional police protection services provided during that month pursuant to this Agreement. The bill shall itemize each Deputy Sheriff scheduled, the overtime rate for such Deputy Sheriff, the number of hours of additional police protection provided be each Deputy Sheriff, and the patrol car fees. 5. LIABILITY. a. County: The County shall assume liability for, defend against, and secure the Town from all cost or damages for injury to persons or property, or death, caused by the negligent acts of any employees of the Sheriff and arising out of the performance of this Agreement. The County maintains general liability and police professional insurance and shall name the Town as additional insured on such policies for the services provided under this Agreement. b. Town: The Town shall assume liability for, defend against, and exempt the County and the Sheriff from all costs of damages for injury to persons or property, or death, caused by the negligent acts of the Town, its employees, servants or agents. 6. PERSONNEL. a. Employee Status: For purpose of this Agreement only, all persons employed by the Sheriff in providing additional police protection services to the Town shall be County Officers or employees, and they shall not have any benefit, status, or right of Town employment. b. Payment: The Town shall not be liable for the direct payments of salaries, wages, or other compensation to County officers or employees providing additional police protection Page 9 2/28/94 940228.RGM services to the Town under this Agreement. C. Indemnity: All Deputy Sheriffs performing services under this Agreement shall be deemed employees of the County for purposes of the Workers' Compensation Law and the Town shall not be responsible for the payment of any benefits thereunder. 7. TERMINATION. At any time during this Agreement, the Town, County and Sheriff shall have the right, upon ninety (90) days written notice to the other parties, with or without cause, to terminate this Agreement in whole or in part or to postpone, delay, suspend or abandon all or any part of the services provided hereunder. In the event of such termination, postponement, delay, suspension or abandonment, the Sheriff shall bill to the Town for any additional police protection services provided by the Sheriff to the time of termination, and the Town shall pay to the County all amounts due and earned to the time of termination, postponement, delay, suspension or abandonment in accordance with the provisions of this Agreement. Such termination, postponement, delay, suspension or abandonment shall not give rise to any cause of action against the County or the Sheriff for damages, loss of profits, expenses or other remuneration of any kind. 8. RENEWAL. Unless terminated in accordance with Section above, this agreement shall be renewed automatically for successive terms of one year. 9. NON -ASSIGNMENT. This Agreement may not be assigned by the Town, County, or Sheriff nor any right, title or interest therein assigned transferred, conveyed, or disposed. 10. NOTICES. Except as otherwise provided in this Agreement, any notice or communication required to be given, except monthly invoices which may be personally delivered or sent by regular mail, shall be deemed sufficiently given or rendered if, in writing, delivered personally or sent by certified mail, return receipt requested, addressed to the parties as follows or to such other addresses as the parties may designate in writing: County Executive County of Dutchess 22 Market Street Poughkeepsie, NY 12601 Frederick W. Scoralick Sheriff of Dutchess County 150 North Hamilton Street Poughkeepsie, NY 12601 Town Supervisor Town of Wappinger Town Hall P.O. Box 324 20 Middlebush Road Wappingers Falls, NY 12590 11. ENTIRE AGREEMENT. The terms of this Agreement, including its attachments and exhibits, represent the final intent of the parties. Any modification, rescission or waiver of the terms of this Agreement shall be effective only if evidence by a subsequent writing which is executed and acknowledged by the parties with the same formalities accorded Page 10 2/28/94 9 F� F�i 940228.RGM this basic Agreement. Seconded by Mr. Valdati Motion Unanimously Carried Prior to the vote there was some discussion by Mr. Incoronato, questioning the payment segment, " not to exceed $28.36 per hour," what were we averaging? Mrs. Smith stated between $16 & $17 per hour. Mr. Incoronato also questioned the actual Scope of Services provided by the Sheriffs Department regarding hours, visibility, are we getting our " moneys" worth? How does Wappingers compare with the other Towns. Mrs. Smith replied that the Sheriff does log Total patrols, and that she will provide him with numbers. It was also stated by Mr. Foster and Mrs. Smith, that the Sheriffs Department was very visible, and, when called, responded very quickly. The next item for the Boards Consideration was to adopt the Employees Inclement Weather & Disaster Policy. COUNCILWOMAN VISCONTI moved to accept and adopt the EMPLOYEES INCLEMENT WEATHER & DISASTER POLICY as follows: Seconded by Mr. Incoronato Motion Unanimously Carried 1. Dismissal by the Town Supervisor: a) Affected Employees: All Town employees are subject to the provisions of this paragraph, with the exception of those delivering emergency snow removal services or those performing essential and/or emergency services. Such employees, because of the nature of their jobs, shall be expected to continue working and shall receive normal compensation. b) Employees who are dismissed during their work shift shall be paid for the balance of such shift without charge to benefit leave time. (Employees may stay at work site at their own discretion and shall receive no additional compensation.) 2. Time Lost: In those instances where an employee utilizes accumulated, unused vacation and personal time, or is absent without charge to benefit leave time as a result of inclement weather, such employee shall be allowed to make up time lost, in that week, and the succeeding three weeks, provided work within title is available. Page 11 2/28/94 940228.RGM 3. Employees should only be permitted to be absent without charge to benefit leave time if not appropriate benefit leave time is available to charge. 4. An employee will be recredited with benefit leave time previously charged when it is made up. 5. An employee failing to make up an absence where benefit leave time was not charged will either be docked or have appropriate, available benefit leave time charged. 6. Employees who were absent or left work early due to illness, charging absence to sick leave time, may not make up the time lost. 7. Employees who were on prescheduled benefit leave time may not make up the time lost due to inclement weather, nor will they be credited with time from the point where otter employees were dismissed. 8. Departments shall maintain a record of all employees delivering essential and/or emergency services and shall ensure that these employees are aware of this responsibility. PROCEDURES 1. The Supervisor will notify Town Board members and Department heads to grant employee requests to arrive late, leave early or be absent. 2. In those departments which must maintain services which are not snow removal services, essential and/or emergency services, or constitutionally mandated, the department head shall arrange for staffing as follows: a) First with management and/or confidential employees; b) If management and/or confidential employees are insufficient then with volunteers, employees capable (in the eyes of the department head) of performing the work; or c) if (a) or (b) do not provide a sufficient work force, then the department head may require employees to stay on the basis of least seniority within job title. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption. RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, this Town Board does hereby establish a Capital Reserve Fund to finance the cost of acquisition of Highway Equipment, and BE IT FURTHER RESOLVED, that the Supervisor is hereby directed to deposit moneys of this reserve fund in a separate bank account to be known as "Highway Equipment" Reserve Fund, and BE IT FURTHER RESOLVED, that the supervisor is authorized to invest from time to time, the moneys of this fund pursuant to Section 11 of the General Municipal Law, and Page 12 2/28/94 FJ 91 940228.RGM L" BE IT FURTHER RESOLVED, that no expenditure shall be made from this fund, except upon authorization of the Board pursuant to Section 6-c of the General Municipal Law, and subject to permissive referendum if required by law. Seconded by Mr. Valdati Motion Unanimously Carried The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption. WHEREAS, the Wappinger Town Board has heretofore established a Capital Reserve Fund for Highway Equipment, and WHEREAS, the Town Board has received recommendations from the New York State Department of Audit and control, along with the Town's Independent Auditors to establish a Policy providing guidelines for funding this Capital Reserve Fund, and WHEREAS, in order to prepare for an orderly cash management program each year, to insure sufficient funds to purchase necessary equipment without the need for Bonding, it is deemed expedient to set minimum and maximum balance limits. NOW THEREFORE, BE IT RESOLVED, that $300,000.00 be established as the maximum fund balance for the availability for expenditures for Highway Equipment, and the minimum fund balance be not less then $150,000.00, and Be it Further RESOLVED that the Chief Fiscal Officer, while preparing the Annual Tentative Budget, assess the availability of excess fund balances in Highway Fund and/or Part Town -B Fund for the purposes of replenishing the Highway Equipment Capital Reserve Fund, and Be it Further RESOLVED, that an amount not to exceed $25,000.00, in lieu of sufficient excess funds, be included in the Annual Budget for purposes of providing additional funds, when necessary to maintain a sufficient available balance, and Be it Further RESOLVED, that the Supervisor and/or the Comptroller be authorized to make the appropriate transfers of those funds which have been designated for the Capital Reserve Highway Equipment Fund at the beginning of each fiscal year, and Be it Further RESOLVED, that any expenditure from this Fund shall be subject to Town Board review and approval. Seconded by Mr. Incoronato Motion Unanimously Carried Page 13 2/28/94 ' 940228.RGM The next item brought before the Board was the vacancy on the Board of Assessment Review, (due to the 5 year term expiration of Douglas Diehl). COUNCILWOMAN VISCONTI offered the name of Douglas Warren to fill the position on the Board of Assessment Review. Seconded by Mr. Valdati Motion Unanimously Carried Prior to the Vote there was discussion by Mr. Ruggiero, regarding this position and Mrs. Smith stated that due to urgency that there was no time to interview other candidates for the position. There is a class Mr. Warren must attend, before grievance day, which is in May. But as promised, any new candidates for the Planning Board will be interviewed first by the Board. A Bonding Resolution authorizing the issuance of $375,000 Serial Bonds of Town of Wappinger, Dutchess County, New York to pay the cost of the preparation of surveys, preliminary plans, detailed plans, specifications and estimates necessary for planning for capital improvements persuant to Section 99-d of the General Municipal Law for Wappinger Sewer Transmission Treatment improvement area, Phase 3A. The following Resolution was offered by COUNCILWOMAN VISCONTI, who moved its adoption. BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of preparation of surveys, preliminary plans, detailed plans, specifications and estimates necessary for planning for capital improvements pursuant. to Section 99-d of the General Municipal Law for Wappinger Sewer Transmission/Treatment Improvement Area -Phase 3-A, including incidental expenses in connection therewith, there are hereby authorized to be issued $375,000 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $375,000, and that the plan for the financing thereof shall consist of the issuance of the $375,000, serial bonds of said Town authorized to be issued pursuant to this bond resolution. Page 14 2/28/94 F F, 940228.RGM Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62 (2nd) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized shall not exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as my be prescribed by said Supervisor, consistent with provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledge to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess County, New York, by the manual of facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of the Town, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, she shall comply fully with the provisions of the Local Finance Law and any order of rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obligated to see to the application of the purchase money. Section 8. The Supervisor is hereby further authorized, at her sole discretion, to execute a loan agreement, a project financing agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds without resorting to Page 15 2/28/94 l 940228.RGM further action of this Town Board. Section 10. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publications, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulation Section 1.150 - 2. There than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. This resolution, which takes effect immediately, shall be published in full in The Southern Dutchess News, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Seconded by Councilman Ruggiero Motion Unanimously Carried The Town Board proposes to be the Lead Agency for the Phase 3A Page 16 2/28/94 940228.RGM Sewer Improvement with regard to proposed action under the procedures and requirements of the New York State Environmental Quality Review Act (SEQRA) and authorize Consultants to prepare EAF. Mrs. Smith questioned Marge Groten, of Rudikoff Associates regarding the approximate cost of the study so she could have a number to work with and what the study would provide. Ms. Groten explained that the estimated cost to be $14,500 for the preparation of an expanded Full Environmental Assessment Form parts 2 & 3, which would provide greater detail on issues of concern. This will take you to a point where a Declaration of Commitment can initiated. Mr. Incoronato questioned why this contract had not gone out to other bidders. Mrs. Smith explained that this was not a bid, she was just looking for numbers. Mr. Incoronato questioned why we had not used Frederick Clark, the Town Planner for this project. Mrs Smith stated, the original study was done by the Rudikoff firm and already been appointed for the project. COUNCILWOMAN VISCONTI made a motion that we Declare The Town of Wappinger Lead Agency Status for Phase IIIA. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILWOMAN VISCONTI made a motion that we authorize the preparation of EAF by Matt Rudikoff & Associates Seconded by Mr. Ruggiero Roll Call Vote Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Nay Councilwoman Visconti Aye Supervisor Smith Aye Motion Carried At this point, Mrs. Smith introduced a young Gentlemen from the audience, named Jerry who was a Boy Scout and trying to Page 17 2/28/94 >� 940228.RGM earn a badge tonight. The following Resolution was moved by COUNCILWOMEN VISCONTI and Seconded by Mr. Incoronato WHEREAS, by resolution dated June 14, 1993, the Town Board requested the New York State Legislature to enact a special law authorizing the Town of Wappinger to discontinue the use of and to convey certain parklands in exchange for acquiring and dedicating as parklands another parcel of comparable size; and WHEREAS, by resolution dated June 14, 1993, the Town Board also declared itself lead agency pursuant to Article 8 -ECL and the related Title 6 part 617 of NYCRR and further issued a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project; and WHEREAS, the New York State Legislature undertook to adopt th requested special legislation; and WHEREAS, said special legislation contained a typographical error requiring its resubmission and readoption by the State Legislature; and WHEREAS, the Town Board, Town of Wappinger desires that the New York State Legislature adopt the appropriate legislation necessary to permit the Town Effectuate the above referenced land transfer in accordance with a certain contract dated February 19, 1993 by and between the Town of Wappinger and Joseph H. Fulton, Jr. and Evelyn Fulton; and WHEREAS, the appropriate Legislative committees have prepared a revised bill to be introduced respectively in the Senate and Assembly - the Senate Bill bearing No. 5765-B and the Assembly Bill bearing No. 8474-B, and WHEREAS, the Town Board has adopted a Resolution on January 24, 1994 authorizing a "Home Rule Request" for the aforementioned bills, however, the amendments had not been made to the Assembly Bill until January 25, 1994 and a new authorization is required. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby requests that the New York State Legislature authorize, by special legislation, through Senate Bill No. 5765-B and Assembly Bill No. 8474-B, the Town of Wappinger to transfer .043 acres of land presently part of the Montfort Road Parks/Recreation site to Joseph H. Fulton, Jr. and Evelyn Fulton, in exchange for .043 acre parcel of land to be conveyed from Joseph H. Fulton, Jr. and Evelyn Fulton to the Town, said parcels of land more particularly described and set forth in a certain survey map prepared by Paggi and Martin, Engineers and Surveyors, dated November 1987, last revised February 5, 1992, and in accordance with certain contract dated February 19, 1993 a copy of said survey and contract being on file with the Town Clerk. 2. The Town Board, Town of Wappinger, further requests that the New York State Legislature undertake whatever steps are necessary to adopt the appropriate Legislation to permit the Town of Wappinger to effectuate the land transfer set forth in the contract dated February 19, 1993 by and between the Town of Wappinger and Joseph H. Fulton, Jr. and Evelyn Fulton. Page 18 2/28/94 940228.RGM 3. The Town Board further confirms that by Resolution dated June 14, 1993, it had declared itself the only involved agency in this action and issued a Negative Determination of Significance for this project. Motion Unanimously Carried Upon the recommendation of Graham Foster, Superintendent of Highways, the Wappinger Bid Report for 1994 was presented to the Board for their consideration. GASOLINE Per Gallon, Reg Unleaded Per Gallon Unleaded Plus AGWAY PETROLEUM .5855 .6305 The Superintendent recommends the bid for Gasoline be awarded to Agway Petroleum. FUEL OIL BOTTINI Per Gallon #2 .059 Above Tank Car Price Diesel Fuel .079 " of If " The Superintendent recommends the bid for Fuel Oil and Diesel Fuel be awarded to Bottini. SALT NO BIDS The Superintendent recommends taking the State bid. TIRES AND TUBES NO BIDS The Superintendent recommends taking the State bid. LIQUID CALCIUM Per Gallon JAMES REED .81 The Superintendent recommends the bid for Liquid Calcium be awarded to James Reed. TWO DUMP TRUCKS Healy International - $147,483.00 (includes equipment package from Amthor's). The Highway Superintendent recommends the bid be awarded to Healey, It should be noted that three or more companies asked for bid specifications but did not submit a bid. BITUMINOUS CONCRETE Page 19 2/28/94 940228.RGM The Superintendent recommends the bid for Bituminous Concrete, Hot be awarded to Poughkeepsie Asphalt. CULVERT PIPE (see attached analysis) The Superintendent recommends the bid for pipe be awarded to Expanded Supply Products with Brighton Steel as a backup. ROAD AGGREGATES (see attached analysis) CRUSHED STONE The Superintendent recommends the bid for crushed stone be awarded to BTM, Ton delivered with Lone Star as backup. RUN OF BANK GRAVEL The Superintendent recommends the bid be awarded to Route 82 Sand and Gravel, cubic yard delivered, with BTM as backup. WASHED SAND The Superintendent recommends the bid be awarded to Lone Star, ton delivered, with Route 82 Sand and Gravel as backup. WASHED GRAVEL The Superintendent recommends the bid be awarded to Route 82 Sand and Gravel, ton delivered, with Red Wing as backup. COUNCILWOMAN VISCONTI moved to award Bids as recommended by the Highway Superintendent. Seconded by Mr. Valdati Motion Unanimously Carried Lastly, requests were received from Ann Buckley, Comptroller, for permission to temporarily borrow $60,000.00 from B Fund. Also to open 2 new Bank accounts for Phase II and IIIA for Tri -Muni Projects in order to keep the monies for the different phases separate. COUNCILWOMAN VISCONTI moved to authorize Mrs. Buckley to temporarily borrow funds from B fund as requested, and open 2 Page 20 2/28/94 THALLE POUGHKEEPSIE ASPHALT 1A Top 27.50 25.90 1AC Top 27.50 25.90 1A Binder 27.00 25.90 2A Binder 27.00 25.90 1A Base 27.00 25.90 The Superintendent recommends the bid for Bituminous Concrete, Hot be awarded to Poughkeepsie Asphalt. CULVERT PIPE (see attached analysis) The Superintendent recommends the bid for pipe be awarded to Expanded Supply Products with Brighton Steel as a backup. ROAD AGGREGATES (see attached analysis) CRUSHED STONE The Superintendent recommends the bid for crushed stone be awarded to BTM, Ton delivered with Lone Star as backup. RUN OF BANK GRAVEL The Superintendent recommends the bid be awarded to Route 82 Sand and Gravel, cubic yard delivered, with BTM as backup. WASHED SAND The Superintendent recommends the bid be awarded to Lone Star, ton delivered, with Route 82 Sand and Gravel as backup. WASHED GRAVEL The Superintendent recommends the bid be awarded to Route 82 Sand and Gravel, ton delivered, with Red Wing as backup. COUNCILWOMAN VISCONTI moved to award Bids as recommended by the Highway Superintendent. Seconded by Mr. Valdati Motion Unanimously Carried Lastly, requests were received from Ann Buckley, Comptroller, for permission to temporarily borrow $60,000.00 from B Fund. Also to open 2 new Bank accounts for Phase II and IIIA for Tri -Muni Projects in order to keep the monies for the different phases separate. COUNCILWOMAN VISCONTI moved to authorize Mrs. Buckley to temporarily borrow funds from B fund as requested, and open 2 Page 20 2/28/94 0Z41Vx ' : v new Bank accounts for Phase II and IIIA for Tri -Muni Projects. Seconded by Mr. Incoronato Motion Unanimously Carried UNFINISHED BUSINESS SUPERVISOR SMITH reported on the Street light that Mr. Ruggiero has questioned her about on the corner of Old Hopewell Road and Kendall Farms.. She contacted Central Hudson who advised her the light was installed 2 years ago. She said no it was not. She was then told a new order was going to be placed and installed immediately. After further research, Central Hudson contacted Mrs. Smith, and it was noted at that time, Central Hudson was all set to install the light, but the County Highway would not allow it because of the Sanitary Sewer Line, it took up too much space, plus the two existing poles were too far away. Central Hudson is once again trying to get permission from the County Highway to install the street light. Mrs. Smith will keep rr everyone up to date on this matter. Assessor, Tom Logan forwarded a request to the Board to attend a one day seminar mandated by the state. Although it is not mandated for Marlene Mills to attend, a request was made for her to attend also. COUNCILWOMAN VISCONTI moved to to authorize Tom Logan and Marlene Mills to attend the one day seminar. Seconded by Mr. Incoronato Motion Unanimously Carried Graham Foster, Superintendent of Highways also forwarded a request to go out for Bid for Bulk pick up. COUNCILMAN VALDATI moved to authorize Graham Foster to go out to �rr+� Bid for Bulk Pick up. Seconded by Mrs. Visconti Motion Unanimously Carried Page 21 2/28/94 4V 940228 . RGM SUPERVISOR SMITH stated, that this year, as discussed, the Town of Wappingers will not be putting the ad in the newspaper regarding the Bulk Item pick up. Residents in each area would be notified by mail, two weeks prior to pick up. The reason given, residents from outside areas were leaving Bulk Items in our Town making it very expensive for our Taxpayers. At this time Mrs. Smith introduced County Legislature John Beale from the audience, and questioned him on activities in the County . He gave a report on the MPO. (Metropolitan Planning Organization). Wappinger received a substantial amount for projects. One being the "S" curve to be taken out of Middlebush Road over the next two years. Mrs. Smith also congratulated Hank DiMarco, from the audience on his position on the MPO. There was some discussion on the New Baseball field to be built in Beacon and what impact it would have in the area. A suggestion was made to open up Mt. Beacon again to attract business to the area. Mr. Ruggiero had some questions on the Thalman Rezoning Workshop he attended, did they ever get back to us. Mrs. Smith stated she received a letter, and will present it at the next workshop. Mr. Ruggiero requested that the Board walk the property as a group. Mrs. Smith would arrange a day for this. Mr. Ruggiero also wished to know if there was any update on the Wappingers Golf Park regarding the discrepancy on hours of operation. Because of her involvement at The Association of Towns, Mrs. Smith had not yet responded to him. Mr. Valdati made mention that we are in receipt of information from Paggi and Martin, Town Engineers, of the proposed water line extension from the Village of Wappingers Falls to the Town Highway Garage site. Applications were filed and received by Mr. Paggi, and everything looks good for this project. It was noted Page 22 2/28/94 F, r� 940228.RGM that a permit was necessary for this project. NEW BUSINESS Mr. Incoronato brought up the fact that other areas had been picked for Economical Development, why was Wappingers not invited to participate. Mr. Beale's response was timing, and paperwork had to be Albany today. Mrs. Smith reminded Mr. Beale that because of the downsizing of IBM the Town of Wappinger was greatly affected also. Mr.Incoronato felt the County Executive was remiss in getting any information to us so an attempt could be made to come under the guidelines of the program. Mrs. Visconti moved to authorize the Town Supervisor send a letter on behalf of the Town Board requesting, since we have an ideal building, The Pizzagalli Building, and other buildings, in the area, that we be included in any future EMC -EDC projects. Mrs. Smith stated that when she first heard of the projects on the radio, she called the County Executive but it was to late to be included. SUPERVISOR SMITH asked Mr. Beale, in the future, he advise the Town Board if this is taking place in other Towns, even if we are not interested, we would like to be considered. There was no other business to come before the Board. COUNCILMAN INCORONATO moved to adjourn the meeting, seconded by Mrs. Visconti, and unanimously carried. The meeting closed at 8:55 P.M. Elaine H. Snowden 02/28/94 Town Clerk Page 23 2/28/94