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1990-02-26 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER FEBRUARY 26, 1990 _ _ _ _ _ _ --------------------- 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES 4. REPORTS OF OFFICERS: Annual Reports: T/Justices — STOP DWI; Attendance Report Rec. Comm.; monthly, T/Justices Bldg. Insp. Dog Control Officer Hydrant Report Zng. Adm. 5. PETITIONS & COMMUNICATIONS a. b. c. d. e. f. 9. h. i. j• k. 1. M. n. NYSPSC "Order Approving Transfer" of Atlas'Water system to Town Resignation of William Wood from Rec. Comm. & P.Meddaugh from Highway. Consider filling vacancy and appointment of Clerk to Highway Supt.t Nf Requests to attend Conference/training sessions received from Recreation Comm. members and A. Buckley and Joyce Benedetto Notices of intent to renew liquor Lic., Pizza Hut & Greenbaul & Gilhoo Invitation from Little Leag.ie to attend Opening Day Ceremonies Notification from Ping. Bd. of appointment of E. Hawksley as Deputy Ch Village of W.F. requests use of 3 Voting Machines Corr. from Roger Hanson, 96 Widmer Rd., & Mrs. Louis Ruseskas, 31 Kret Circle Re: Sewage backups — request reimbursement IV_eu{41" Requests from Wilson Excavators for return of escrow—$4,875. and half subdivision fee to Louis Vitolano ($500) Consider adopting Policy for use of Town facilities agreement Reports from J. Paggi, Eng. to T/W, (1) C.W.W.I.A Chlorine contact Facilities (2) Tall Trees Water System (3) Wapinger SIA#1 (4) Proposed Wapp. Sewer Imp. Area #3 (5) No. Wapp. Water Dist. (6) NYS Revolving Loan Fund—Wapp. Sewer Trans. Dist. (7) W. Virtue drainage—Robert Lane (8) Proposed T/Salt Storage facility (9) Benefit Units Contr H. Levenson, Zng. Adm. recommendation to accept McKay Computer Convers Memo from A. Buckley recommending Town so'litiy bids for W & S Dists., e.i. Meters, Gravel, etc. and, Carting services for Town Request from G. Foster, H. Supt. to solicit bids for pickups w/plows and authorized disposal of useless surplus equipment 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Resolution establishing T/ Justices Weekly hours b. Central Hudson Resolution authorizing additional street lighting c. Appointment of Code of Ethics Member —R. Valdati d. Appoint Enforcement Officer for T/Court — replacing L Lenzisera e. Consider accepting bids for Chemicals, Sludge, Highway Aggregates & 0 f. Seat on Bd. of Architectural Review (P. Waddington) expired 1/90 g. Approve Little League Agreement & authorize Supervisor to sign h. Tri—Municipal — Authorize eV penditure of Second Pal;ment i. Comptroller requests Transfer of funds j. Authorize Hill Agency as Deferred Cgmpensation Firm k. Authorize John DeCarlo to re—enter the bargaining Unit at correct Sal, 8. UNFINISHED BUSINESS a. Status of Proposed Zoning Ordinance Amendments — with various Corr. b. Direct Attor�t-o Town tolprepare the already authorized agreement between the ToFan and Wes Nolan re: Sewer hook—up and Auth. Sup. to Si c. Report from D.Co. dept. of Health 7:e: Fairchild Semiconductor Corp. o water sampling 9. NEW BUSINESS 10. ADJOURNMENT ey h VA Lct .on/ M The Regular Meeting of the Town Board of the Town of Wappinger was held on February 26, 1990, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. All were requested to join in the Pledge of Allegiance to the Flag. Supervisor Smith opened the meeting at 7:30 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Herbert Levenson, Zoning Administrator The Minutes of the Regular Meeting of January 22nd and the Special Meeting of January 29th, 1990, having previously been forwarded to the Board Members, were placed before them for their consideration. MRS. VISCONTI moved that the above stated Minutes be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Incoronato Motion Unanimously Carried Annual Reports were received from the Town Justices, STOP DWI and Recreation Commission Attendance Report; also, January reports from Town Justices, Building Inspector, Zoning Administrator, Dog Control Officer and the Hydrant Report. Mrs. Visconti had questions on the Annual Town Justice Report and noted that she was not familiar with this Report; Mrs. Smith said this was the first time they submitted it. MRS. VISCONTI moved to accept the Reports, with the exception of the Annual Town Justice Report, and place them on file. Seconded by Mr. Incoronato Motion Unanimously Carried Mrs. Visconti asked that they set a work shop to discuss questions they may have on said Report. Mr. Incoronato referred to the Attendance Report from the Recreation Commission, noting that one individual had not attended half of the meetings for the year, and out of the remaining six meetings, she was late twice. Mrs. Smith noted that the Chairman of the Commission intended to ask for her resignation. 41 Petitions & Communications --- The New York State Public Service Commission forwarded an "Order Approving Transfer" of the Atlas Water System to the Town. Mr. Fanuele questioned whether the Water System now belonged to the Town and the Attorney explained that the approval of Audit and Control is required; the file has been referred to the bonding council for their procedures and they will probably respond within the next two weeks. The PSC recommended that the petitioners' request that the funds in the emergency escrow account be turned over to the Town of Wappinger, be granted, and Mr. Incoronato asked when this would take place. Mr. Paggi believed these funds would be transferred at the time of closing on the purchase of the system. MRS. SMITH moved to accept the Order of Transfer from the N.Y.S. Public Service Commission of the Atlas Water System to the Town, and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried Resignations were received from William Wood, member of the Recreation Commission and Patricia Meddaugh, Clerk to the Highway Superintendent. Mrs. Snowden also mentioned that a resignation had been received today from Stella Dhlosh, member of the Board of Assessment Review. Since it came too late to be on the Agenda, it was for their information only at this time. MRS. VISCONTI moved to accept the resignations from Bill Wood and Pat Meddaugh and send them letters of thanks. Seconded by Mrs. Smith Motion Unanimously Carried Mrs. Visconti mentioned that Pat Meddaugh was very helpful to the department at the time when our Highway Superintendent was ill. Mrs. Visconti moved that Dorothy Schwartz be transferred from the Building Department to the Highway Department to replace Pat Meddaugh as Clerk to the Highway Superintendent, at her present salary of $12,588.00, as requested by Mrs. Schwartz. Seconded by Mrs. Smith Motion Unanimously Carried The Highway Superintendent was present and approved this transfer. 42 In the matter of the vacancy that existed in the position of Deputy to the Receiver of Taxes, Mrs. Visconti recommended the name of E. Georgianna Jenerose at an annual salary of $12,000.00, effective March 5, 1990. Since Mrs. Schwartz was transferring to the Highway Department, a replacement was needed for her in the Building Department. Mrs. Visconti presented the name of Cheryl Lippincott as Clerk to the Building Inspector, at an annual salary of $12,000, effective as of February 5th, 1990. MR. FANUELE moved to approve the appointments of E. Georgianna Jenerose, Deputy to the Receiver of Taxes and Cheryl Lippincott as Clerk to the Building.Inspector, both -at an annual salary of $12,000. Seconded by Mrs. Visconti Motion Unanimously Carried The following Resolution was offered by COUNCILMAN FANUELE who moved its adoption: RESOLVED that Stephen Miller be and he is hereby appointed to the Town of Wappinger Recreation Commission to fill the vacancy created by the resignation of William Wood, and BE IT FURTHER RESOLVED, that the term of the said Stephen Miller on the Recreation Commission will expire on May 1st, 1993. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays Requests were received from the Recreation Commission, Ann Buckley, Comptroller and Joyce Benedetto, Bookkeeper, to attend conferences pertinent to their respective positions. MRS. VISCONTI moved to allow two Recreation Commission Members to attend their Conference at Kiamesha Lake, New York from March 25th to March 28th, 1990, and all legitimate expenses will be a Town charge. Seconded by Mr. Fanuele MotionrUnanimously Carried MR. FANUELE moved that Ann Buckley, Comptroller and Joyce Benedetto, be allowed to attend Basic Double -Entry Accounting School at Kingston, New York on March 13th, 14th, 15th, 20th, 21st and 22nd, 1990 and their legitimate expenses will be a Town charge. Seconded by Mr. Valdati Motion Unanimously Carried Notices of intent to renew Liquor Licenses were received from Pizza Hut and Greenbaum & Gilhooley Restaurant, both located on Route 9 in the Town of Wappinger. 43 MR. VALDATI moved to receive these Notices and place them on file with no comment. Seconded by Mrs. Visconti Motion Unanimously Carried An invitation, addressed to Supervisor Smith and meant for all Town Officers, was received from the Little League Association, to attend their Opening Day Ceremonies on April 21st, 1990 at 9:00 A.M. at the Robinson Lane Town Recreation Park. MRS. SMITH moved to accept this invitation and place it on file and requested the Town Board Members to make every effort to attend these Opening Day Ceremonies for the Little League, so they can represent the Town as a team. Seconded by Mrs. Visconti Motion Unanimously Carried The Planning Board has notified the Town Board that Edward Hawksley was unanimously elected Vice Chairman of the Planning Board. MR. VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato. Motion Unanimously Carried Mrs. Visconti added, as a point of information she learned from the Association of Towns Meeting, that this is not a required position for the Planning Board although it has been an accepted practice by them. Mr. Valdati's understanding was that if there were to be any change in Chairman of the Board, it would not be a position of automatic succession for the Vice Chairman; it is basically for someone to run meetings, etc. in the event of an absence of the Chairman. The Village Clerk wrote to the Board requesting the use of three of the Town's Voting Machines for their annual Village Election on March 20th, 1990. MR. INCORONATO moved to grant permission for the Village of Wappingers Falls to use three Town Voting Machines for their Annual Election on March 20th, 1990, under supervision of one of the Town appointed Voting Custodians. Seconded by Mrs. Visconti Motion Unanimously Carried 44 Correspondence was received from Roger Hanson, 96 Widmer Road and Mrs. Louis Ruseskas, 31 Kretch Circle in relation to sewer backups in their homes and request for reimbursements of expenses incurred for repair, cleaning, etc. Michael Tremper of Camo Pollution Control followed up with correspondence to the Supervisor indicating that in both cases the point of blockade was the sewer mains and therefore, the responsibility of the Town. Mr. Tremper noted that in both cases the costs incurred by the outside contractor were a result of the homeowner not notifying Camo first. The expense, he said, would have been minimized, if Camo was consulted. Mrs. Smith noted that she had sent notification to our district customers to call Camo Pollution Control if there is a problem at their home. MR. INCORONATO moved to authorize payment to the two residents for the expense incurred due to sewer backup and further moved that residents be instructed to call Camo Pollution Control, operator of the Town's Water and Sewer Plants, when problems occur. Seconded by Mrs. Visconti Motion Unanimously Carried Requests were received from Wilson Excavators for return of $4,875 in escrow for engineering and planning, and Louis Vitolano, 16 Daniel Sabia Drive, $500.00 also for engineering and planning escrow. It appeared that Wilson Excavators' request was approved last month in the amount of $4,825, according to their voucher, and therefore no further action was required. MRS. VISCONTI moved to release $500.00 escrow to Louis Vitolano for engineering and planning, at the recommendation of the Zoning Administrator. Seconded by Mr. Incoronato Motion Unanimously Carried The consideration of adopting a Policy Governing the Use of Town Facilities by outside organizations, was placed before the Board. The Supervisor had forwarded the draft to the Attorney to the Town and he has approved same. MR. FANUELE moved to adopt the Policy for use of Town Facilities Agreement, as presented. Seconded by Mrs. Visconti Motion Unanimously Carried 45 Several reports were received from the Engineer; the first on CWWIA installation of Chlorine Contact Facilities deadline date extension to February 1990. At a recent work shop it was agreed that the cost of a new control panel at the Hilltop Water Works would be added and bonding repayment schedules would be calculated. This information was included in the correspondence which Mr. Paggi asked the Board to review and advise him which direction to take. He recommended that a formal resolution be directed to Mr. Marlow of Dutchess County Health Department indicating that the Town will accomplish the work this year and,request a further extension since itis obvious that this work can not be accomplished by the-�end of the month. Mrs. Smith requested the Attorney to prepare the bonding resolution, based on a three year payback, which as recommended by Mr. Paggi would indicate acknowledgment of intent to the Health Department. The second letter was similar in content, relating to the Tall Trees Water System and included a cost estimate and calculations on a Bond Anticipated Note. This work is scheduled to be done by March 31st, 1990 which will be difficult to do. He recommended that the proposed work be done by Camo Pollution Control, the system operators,to expedite the schedule and as in the previous case, a resolution be forwarded to Mr. Marlow indicating intent to comply. He further recommended that Camo be given authorization, as soon as possible, to order the steel tank required to complete the work. Mrs. Smith requested the Attorney to prepare the Bonding Resolution for Tall Trees Water System, based on a 5 year payback. The third was on Wappinger Sewer Improvement Area #1 and recapitulated the Minutes of a Meeting on January 19,1990 at the D.E.C., attended by Supervisor Smith, Attorney Al Roberts, Engineer Jay Paggi, Mike Tremper, Camo and officials from Dutchess County Health Department and the D.E.C. This was for the Board's perusal and subsequent comments or questions, if required. On the same subject was copy of a letter from Mr. Paggi to Mr. Roberts regarding the imposition that the D.E.C. has placed upon the sewer district for issuing building districts; he wished the Board to be apprised of this. Mrs. Smith set a work shop for March 1st, 1990 to discuss this and Tri -Municipal was also on that Agenda. 46 Next to consider was the formation of a new Sewer Improvement Area, which would be known as Wappinger Sewer Improvement Area #3, with the same boundaries as Sewer #1, but required for the bonding for certain improvements to #l, and will be subject to SEQRA &Type I Action. In order for the Town to become Lead Agent, they must circulate Lead Agency Notice to all involved Agencies. The Town is under a Consent Order from D.E.C. which mandates specific dates for various stages --- April 1st is the deadline to submit plans to the County Health Department for approval, July 1st to start construction and November 1st to complete construction. He anticipates submission of plans by March 16th to the D.E.C. which should show.that the Town has shown good faith by early submission. The letter re North Wappinger Water District, dated January 9, 1990, was a follow-up to his Dec.14, 1989 letter which provided a tabulation of the District residents' complaints outlining the problem area in the system. He felt that Camo should be authorized to perform a field inspection with regard to low water pressure, the existing backup generator, chlorination procedures, etc. He suggested sending a memo to the present owners of Atlas Water requesting that they coordinate work with Camo which should speed things along somewhat. In another report, Mr. Paggi said he was in receipt of the package for the New York State Water Pollution Control Revolving Loan Fund and recommended that an application be forwarded in support of the Town for the Wappingers Sewer Transmission District. These are funds remaining from the E.P.A. which have never been utilized. Regarding the advisibility of applying for these funds, he recommended that the Attorney and financial consultants determine if it would be in the best interests of the Town. In regard to a drainage problem on the Virtue property, Roberts Lane, Mr. Paggi reported that the Town had done culvert and ditch work in that area about five years ago, but the residents are now experiencing severe problems on their property. In order to investigate this further, it would involve survey work and he would require authorization from the Board to pursue this. Mrs. Smith had scheduled this matter for a work shop on March 12, 1990 and this was agreeable to Mr. Paggi. In response to the Engineer's next report on the proposed Town Salt 47 Storage Facility in which he recommended that the Town research pending legislation in Albany as to the mandated date that this work will become a requirement, Mrs. Smith had called Assemblyman Sa,land's office and learned that no date had been set at this time. MRS. SMITH moved to table action on this item, pending further information. Seconded by Mr. Incoronato Motion Unanimously Carried The last communication referenced current benefit unit calculation for CWWIA and WSIA#1, which have decreased due to re-evaluation of the commercial portion of the total number of units. It effects the WSIA#1 by 21% and the CWWIA by 6% and further discussion could be continued at the March 12th work shop. MRS. SMITH moved to table this item for discussion at the March 12th work shop. Seconded by Mrs. Visconti Motion Unanimously Carried Alberta Roe was recognized by the Chair and expressed her confusion over the proposed formation of Wappinger Sewer Improvement #3; what happened to #1 and #2, and where does that leave Rockingham Farms Sewer District. They have been left to themselves and never joined any of the other districts. Mr. Paggi explained that WSIA#1 was formed in 1974 and by law, capital work can only be done once in that Improve- ment Area; further improvements are now needed and another Improvement Area has to be formed contiguous to the original boundary. This was called #3 due to the fact that we already have #2 formed although nothing ever happened with it. There is no change to the Rockingham Farms Sewer District. A recommendation was received from the Zoning Administrator to accept the McKay Computer Conversion/Contract. Mr. Fanuele had questions and it appeared that there was a previous contract authorizing this amount of money; this is the third phase generated by the previous administration. If this is the case, he would like to see a copy of this contract to verify that it does exist. MRS. SMITH moved to table action on this matter pending further review. Seconded by Mrs. Visconti Motion Unanimously Carried A Memo was received from Comptroller Ann Buckley indicating that the 1986 State Audit reported that the Town did not go to bid on gravel, propane gas, water meters and #2 fuel oil which are used by our various water and sewer districts. The Town was also written up in the Audit for not going out to bid for the carting company for annual pickup. She requested that the Board have the Engineer address this matter and draw up bid proposals for the items mentioned. MRS. VISCONTI moved to authorize the Engineer to prepare bids for the items needed for the water and sewer districts. Seconded by Mr. Incoronato Motion Unanimously Carried Bids for carting companies for the annual pickup was tabled to a future time when this was needed. A brief discussion ensued on recycling when the subject of the pick-up came up and the Highway Superintendent reported that he was checking with the Town of Poughkeepsie on their procedure. It appears that they are separating items into categories to be picked up separately and he felt this was the way to do it. Mrs. Smith said they would discuss this at a future work shop. Mr. Foster, Highway Superintendent, forwarded a Memo to the Board requesting permission to solicit bids for three pickup trucks with plows to replace three older ones. MR. VALDATI moved to authorize the Highway Superintendent to go to bid on the three pickup trucks with plows. Seconded by Mrs. Visconti Motion Unanimously Carried Mr. Foster had another request to dispose of the surplus equipment that remained from last year when our previous Superintendent went to bid for its disposal. MRS. VISCONTI moved to allow the Highway Superintendent to remove the surplus equipment from the property to a junk yard as requested. Seconded by Mr. Incoronato Motion Unanimously Carried A final request from Mr. Foster was to rebid on Bituminous Concrete and Road Aggregates since he had recommended rejecting these two bids due to the high cost. MRS. VISCONTI moved to grant permission to the Highway Superintendent 49 to rebid on Bituminous Concrete and Road Aggregates. Seconded by Mr. Incoronato Motion Unanimously Carried Prior to Committee Reports, the Supervisor welcomed Boy Scout Troop #12, who were present at the meeting to observe how government works in order to earn a badge. Committee Reports --- Mrs. Visconti, Dial -O -Ride, reported on the meeting she attended at which a statistical report showed a 15 increase from Nov/Dec.1988 through December 1989 in passenger count and fares collected. The contracts from the various municipalities were in the process of being completed and expected to be finalized by the end of February. They also discussed escorted transportation service which they started for people in need of aid to help them make doctor appointments, etc. and have discovered that there are a lot of people who need this service. At present they have eight people utilizing this service; it is also a help to handicap people who need transportation to work. Highway, reported that the Supervisor has arranged for regular cleaning services for that department which is greatly appreciated by them. The newly appointed Highway Superintendent, Mr. Graham Foster has been very well received by his personnel. She met with the Superintendent and Detective Carl Amburgey who occupies a small office in the Highway Department and they are currently working on rearranging their office to hopefully gain additional space. Improve- ments are being made to make it more pleasant for those who have occasion to visit these Town facilities. Mr. Incoronato, Finance, referred to the recent phone bills and again, the amounts are significant; in the beginning of January, the amount was $1,446, February $1,356, and on February 23rd, a check was made out to AT&T in the amount of $1,614, total of $4,416 for three months. He wished to direct the Comptroller to determine why the Town was paying so much in phone bills. The Supervisor said she would send a memo to the departments and request that they keep a log for the month. Mr. Incoronato suggested looking for multiple calls to the same number, determine who is making them and if they are warranted. Mr. Valdati thought a memo should be send to Camo since they do have phones at the sewer plants, however, 50 Mr. Incoronato pointed out that the calls in question were being emanated from the Town Hall and there is where they had to check. On a related subject, Mr. Incoronato referred to the telephone system in the Highway Department --$200.00 per month for AT&T Spirit System. It could be that because of the service offered and the needs of that department, this system fits in, however he felt that $200.00 for the monthly base cost was expensive. He requested that the Highway Superintendent check this to see if he can do with a less expensive telephone system. Mr. Incoronato referred to the January Minutes of the Recreation Commission stating that in the Chelsea Heights Subdivision the Planning Board and Recreation Commission have agreed to take money in lieu of land in the amount of $22,000, which means this represented a sub- stantial amount of land. The Minutes also indicated that money was also taken from developers of Metzgers Subdivision on Old Myers Corners Road. It appeared to him there was a deficit of recreation land in this Town and felt it was the Town Board, Planning Board and the Recreation Commission squandering land for monies that go to existing recreational facilities and shortchange posterity. They should be saving every acre of land they can get their hands on and in light of this, he had prepared a draft resolution for the Board's consideration. Mrs. Smith interrupted and informed him there already was a resolution on the books with the provision that prior to money being taken in lieu of land, the matter first had to go before the Town Board. It was Mrs. Visconti's opinion that a work shop should be held with the involved Boards since there were several people involved and there must have been a consensus of opinion on taking the land. It was agreed that the matter needed further discussion and Mrs. Smith said she would schedule a special one, if need be. Mr. Fanuele, Data Processing, reported that he had compiled a computor study to be circulated to the departments for their review, followed by comments/questions/recommendations. There is a study in process including proposals and at this point, it appears complicated, but it should be resolved in about six week's time. Mr. Valdati, Safety, noted that he had, at one time, made a motion to have the Building Inspector inspect the building at the intersection of Middlebush Road and Route 9D, a vacant building in a state of dis- repair which appears to have some dangerous aspects. After inspection, 51 the Building Inspector was to have made a report to the Town Board with his recommendation on what action should be taken; no response was received from Mr. Classey, so he would therefore like to redirect this to the Building Inspector for his investigation and recommendation. Under Personnel, he brought up the fact that certain people have the use of Town vehicles and they have the responsibility of keeping them maintained. A Memo was directed from the Supervisor to all involved personnel regarding the care of the vehicles and when questioned, she replied that all have reported on maintenance schedules for their vehicles with the exception of the Building Inspector. The previous vehicle used by the Building Inspector had to be replaced in a short period of time at a great expense to the Town. Mrs. Smith was on top of this situation, having issued an order to comply. Mr. Valdati, Dog Control.Officer --- the Town must follow through on dog enumeration which is the responsibility of the Town Clerk to work with the Officer on the schedule for enumeration. If this is not followed through, we are losing revenue. Mrs. Snowden had already informed the Officer of this project and offered the suggestion which she heard at the Association of Town's Meeting, to solicit the aid of Boy Scouts, 4H Club Members, etc. to do this enumeration. Drainage problems that exist throughout the Town will be discussed at the March 12th, 1990 workshop and all who interested and/or concerned are welcome to attend. Supervisor Smith announced that a Clock was presented tonight, on behalf of the Town Employees, in memory of Ken Croshier, and it is hung in the main corridor. The Supervisor also announced that one of the Town vehicles that has been up at the Highway Department for over a year, with an estimate of over $2,000 for repair, and therefore scheduled to go out with the surplus, has been repaired by the Highway Superintendent and mechanic for a total cost of $738.94; it has a book value of $3,650. On checking for insurance, she learned that it has been insured all this time, so the Supervisor now runs a $738.94 car!! And yet another happy announcement was the fact that the Supervisor and Comptroller's Offices have been sending off reports day after day since January and she is proud of the Comptroller's Office since the C.D. Fund Grant out on time, O&M Sewer Grants out on time, the Supervisor's Report out on time, the first time in eight years) 52 in fact, two weeks early, and the CHIPS report out on time. Resolutions --- In reference to a Resolution Establishing standard workweek hours for elected and appointed Officials and Personnel, the Town Board adopted a special one for the Town Justices establishing the hours for Justice Frances at 40 hours and for Justice Wolfson, 30 hours. This was not acceptable to the State Retirement System, as the maximum is 35 hours, therefore this must be amended. MRS. SMITH moved to rescind the Resolution adopted January 2, 1990 setting the hours for the Town Justices. Seconded by Mr. Incoronato Motion Unanimously Carried The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: WHEREAS, the Town Board had previously established standard workweek hours for elected and appointed Officials and Personnel, which excluded the two Town Justices, and WHEREAS, a review by the Town Justices was requested to ascertain their average workweek hours for purposes of clarification for the New York State Retirement System, NOW, THEREFORE, BE IT RESOLVED, that after further review, it is hereby established that the standard workweek hours for the Town Justices are as follows: Justice Vincent Francese------------ 35 hours Justice Carl Wolfson ----------------35 hours Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays A Change Order was received from Central Hudson requiring authorization for a street light on Route 376 in the vicinity of the new building for the New Hackensack Reformed Church. MR. VALDATI moved to authorize the Supervisor to sign the Change Order for Central Hudson Gas & Electric Corporation for the installation of a light on Route 376 in the vicinity of the new building for the New Hackensack Reformed Church. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Valdati's appointment to the Town Board of Ethics was tabled at the last meeting for confirmation, and at this time he was asked if he wished to consider this appointment. Councilman Valdati offered the name of ------------Robert Lewis 53 One of the Court Enforcement Officers appointed for the Justice Court was unable to accept this appointment; the Judges have recommended that Howard Webster be appointed to this position. MRS. VISCONTI moved to appoint Howard Webster as Court Enforcement Officer for the Town of Wappinger Justice Court, at the recommendation of the Town Justices. Seconded by Mr. Fanuele Motion Unanimously Carried Bids were received on Chemical Purchases and Sludge Removal for the Town Water and Sewer Plants. The Engineer reviewed the bids and made recommendations. He recommended that Evans Septic Tank Service Inc. be awarded the Sludge Removal Bid as low bidder, at $117.00 per 1,000 gallons, upon receipt of permit required and certification of vehicles being used to transport sludge, as outlined in Section 5, DS -1 through DS -4 of the contract specifications. MR. INCORONATO moved to award the bid to Evans Septic Tank Service Inc. for Sludge Removal and authorize the Supervisor to sign the Contract upon receipt of permit and certification of vehicles, per the recommendation of the Engineer to the Town. Seconded by Mr. Valdati. Bids on Chemicals were received from Duso Chemical Co., Jones Chemical and Axton Cross. MR. INCORONATO moved to award the bids as follows for Chemical Purchases, as low bidders, at the recommendation of the Engineer and authorize the Supervisor to sign the required contract: Duso Chemical Co., sodium hypochlorite at $14.70 per 15 gallon container Duso Chemical Co., sodium hypochlorite at $50.96, 52 gallon container Duso Chemical Co., hydrated lime, $3.94 per 50 lb. container Jones Chemical Inc., muriatic acid at $19.30 per 15 gallon container Axton Cross Co.Inc. hydrogen peroxide 35% at $51.87 per 15 gallon cont. Axton Cross Co. Inc. hydrogen peroxide 50% at $64.75 per container. Seconded by Mr. Valdati Motion Unanimously Carried Bids were also received on Highway Culvert Pipe, Gasoline and #2 Fuel Oil. A Bid Report was received from the Highway Superintendent with his recommendations on awarding the various bids. MR. VALDATI moved to award the Bids on the Culvert Pipe, Gasoline and #2 Fuel Oil, as recommended by the Highway Superintendent. Seconded by Mr. Incoronato Motion Unanimously Carried A vacancy existed on the Board of Architectural Review and the matter was placed before the Town Board for their consideration. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: RESOLVED, that Paul Waddington be and he is hereby appointed to the Town of Wappinger Board of Architectural Review to fill the vacancy created by the resignation of Richard Cirulli, and BE IT FURTHER RESOLVED, that Paul Waddington shall serve on the Board of Architectural Review for a term which shall expire on January 20, 1993. Seconded by: Roll Call Vote: Councilman Valdati 5 Ayes 0 Nays 54 Mr. Incoronato questioned the functions of this Board, and referred to the lack of architecture along Route 9. He wondered if they were doing their job and doubted if they even had a meeting in over a year or more. Mr. Valdati reminded the Board that they had decided at the beginning of this administration to meet with all the Boards and go over their functions and responsibilities and the Architectural Board would certainly be one of them. Mrs. Visconti concurred with this and added that they ought to set a theme for the Town and adhere to it, not go helter skelter designing. The Attorney interjected the fact that this Board is primarily an advisory one and their powers are limited. He added that they are usually applied in areas of history of long standing. When it comes to matters of taste or preference, this Board has no power and his opinion, they would be walking on thin ice by pushing them for designing ideas and the Town Board has to recognize that it is strictly a Board of an advisory nature. Mrs. Smith said that the State recently mandated this as an Advisory Board and they will be informed on what their function is; she will distribute any information she has on this to the Board Members. The Little League Contract was placed before the Board, however Mrs. Smith said she was informed by the Attorney that the format is not correct and he wished to discuss this at a work shop. The Board Members agreed that there were questions on all of these groups who request subsidy from the Town and they should have the Recreation Commission Chairman present at this work shop to perhaps shed some light on the existing situation. 55 MRS. SMITH moved to table action on the Little League Contract, pending a further work shop to clarify some of the facts presented. Seconded by Mrs. Visconti Motion Unanimously Carried A request was received from the Tri -Municipal Sewer Commission for payment of the second $50,000 from the original $152,000 in escrow for the SEQR process required for the proposed Town of Wappinger expansion. MRS. SMITH moved to authorize the expenditure of $50,000 to the Tri -Municipal Sewer Commission, which is the second payment from the escrow account of $152,000. Seconded by Mrs. Visconti Motion Unanimously Carried Mrs. Smith explained to Mr. Fanuele that this money would be expended from WSI#1 and would be paid back at the time of bonding. Mr. Fanuele also questioned if the project was within the time frame set and if we were still within our budget; Mrs. Smith said she would research the matter and provide him with the information requested. A Memo was received from Comptroller Ann Buckley requesting a transfer from 01-01-1990.40, Contingency to 01-07-8540.40 Downstream Drainage due to the fact that no provisions were made for this account in the 1990 Budget. Mr. Fanuele questioned what it was for and was informed that it was for Engineering Fees pertaining to those projects. Mrs. Smith added that at a future time when there is money in that account she has talked to the Attorney about making this a dedicated fund so that money cannot be taken out of it at random, such as $240,000 for a study which is what occurred in recent years. Mr. Valdati added that once the Town goes to bonding, he would anticipate that this account would be brought back to a decent amount. MRS. SMITH moved to approve the transfer of $2,934.25 from 01-01-1990.40 Contingency to 01-07-8540.40 Downstream Drainage, as requested by the Comptroller. Seconded by Mr. Fanuele Motion Unanimously Carried Mr. Fanuele requested that future requests for transfer provide the Board with the reason that the transfer is needed. M Mrs. Visconti explained that the Town has the option of having a Deferred Compensation Plan and at a previous work shop the Town Board had three presentations from three indivdual firms offering the plan for Town Enployees. The firm designated will interview the employees to explain the plan, which is optional, similar to the IRA, a savings plan to supplement Social Security during retirement years. MRS. VISCONTI moved to designate the Hill Agency as the Deferred Compensation Firm for the Town`'of Wappinger. Seconded by Mr. Valdati Roll Call Vote: 3 Ayes Mr. Incoronato---Nay Mr. Fanuele --- Nay Motion Carried During the discussion prior to the vote, Mr. Fanuele suggested that they designate two firms, Hill Agency and Copeland to talk to the employees and let them make up their mind if and when they decide to opt for the plan. Mr. Incoronato concurred, however, it was the opinion of the remaining Board Members that it was part of their responsibility to decide what would be for the best interest of all and they chose to approve of one firm. Authorization for John DeCarlo, Deputy Highway Superintendent to re-enter the bargaining unit at the correct salary was the next item placed before the Board. At the present time Mr. DeCarlo is the Deputy, however, once there we have an elected Superintendent, it is quite possible that Mr. DeCarlo would be out of a job, and he cannot afford that at this state of his life. In view of the many years he has served the Town on the Highway Department, Mrs. Smith felt he should be given some consideration and he would be secure by going back into the bargaining unit as part of the CSEA contract with the Highway Employees. The Board has met with union representatives, the Highway Superintendent and all agree that Mr. DeCarlo should go back into the unit at his regular title and salary. MRS. VISCONTI moved to authorize John DeCarlo to re-enter the bargaining unit at regular title and regular salary with the Town of Wappinger Highway Department, effective February 19, 1990. Seconded by Mr. Incoronato Motion Unanimously Carried 57 Superintendent Graham Foster requested that a formal letter be forwarded to John thanking him for his help when Ken was sick and assisting him when he was appointed to the job. Unfinished Business --- In the matter of the status of the proposed Zoning Amendments to the Ordinance, Mrs. Smith stated that the Attorney to the Town has ruled that these Amendments addressed at a Special Town Board Meeting of December 14, 1989, have not passed. In support of his opinion, he has provided the Board Members with a Confidential Memo. They have had this correspondence for sufficient time to review it and in line with this opinion, Mrs. Smith set a work shop for March 1, 1990 to discuss procedures necessary to adopt an acceptable Ordinance. Mr. Incoronato's concern, now that they have had a legal opinion that the proposed Ordinance did not pass, they should do something in the intermim while they are compiling another one and to him the answer was simple, they should implement a six month moratorium and he went into a brief discussion why he felt this so necessary which ended when Mrs. Smith declared that this was not the time to discuss it, wait until the work shop convenes on March 1, 1990. The next item reference a proposed Agreement between the Town and Wes Nolan, relating to a sewer hookup in the Wildwood Sewer District which required authorization for the Supervisor to sign. This action was finalized late in 1989, however, it appears that an Agreement was never prepared. Attorney Roberts had received the correspondence, and having reviewed same, required the opportunity to discuss the terms of the Agreement with Mr. Nolan's Attorney and report to the Town Board. MRS. SMITH moved to direct the Attorney to the Town to proceed, as requested, in the matter of an Agreement between the Town of Wappinger and Wes Nolan. Seconded by Mrs. Visconti Motion Unanimously Carried A report was received from the Dutchess County Health Department regarding the water samples from ten residences in the areaof the Fairchild Semiconductor property for testing. MR. FANUELE moved to accept the report and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Paggi noted that there would be a follow-up on this for the March meeting from Camo and from his office. On a related subject, Mr. Incoronato said there could possibly be a similar condition at the Castle Point Landfill and he had previously suggested that they should have monitoring wells to determine what the effluent is from the landfill and what the effects are on the neighboring community. The Town had applied for funds under the Community Development Block Grant, he knew, but he did not know what had materialized. Mrs. Smith said it was denied and deemed not acceptable for the grant. At this time, Mr. Paggi said he was not aware of any available funding for such an area as this, however he could resubmit for C.D. monies. MR. INCORONATO moved to authorize the Engineer to do a study at the Castle Point Landfill Site. Seconded by Mrs. Smith Motion Unanimously Carried New Business --- Gf:7 Mr. Valdati had received a letter from the Village of Wappingers Falls indicating that there is a backup of water behind the Junior High School which appears to be coming from the holding pond west of the Town Hall. It could be that there is a blocked culvert pipe that runs under Middlebush Road and the Village Trustee requested that the County Department of Public Works be advised of the condition and put it on their work schedule for investigation. Mr. Paggi remarked that the condition could have been caused by a number of things; Mr. Valdati agreed and added that it could have to do with the work done by the Board of Education which as Mr. Paggi said, aggravated the situation. It was agreed that the County Public Works Department be notified and they will report their findings following inspection. The Board received correspondence that a resident of the Town had their water meter disconnected and although they were apprised of 59 this, it did not persuade them to reconnect it. He questioned how they have been billed during this time when the meter has not been operating. He was told to have the Water and Sewer Billing Clerk research this, and if they haven't been paying, this can be rectified by sending an estimated bill and as a last resort it can be levied on their next tax bill. Mr. Incoronato directed his next item to County Legislator Gordon Hirt regarding the mandatory collection and disposition of recyclables proposed by County Legislators and it seems there are three items of concern ---the Town will not share in the recyclable revenues that are generated; there will be a tipping fee charged back to the Town for recycling materials and the municipalities will be required to keep data reflecting the amounts of the recycles collected in the municipality. He asked Mr. Hirt for his support in opposing this legislation; Mr. Hirt said the issue of recyclables was postponed last month and it will probably be for another month; he noted that the Resource Recovery Agency is anxious to have it approved in the March session because they have an option to buy a piece of property that will be very useful and reasonably centrally located but there are a lot of conditions in the original resolution that many legislators are opposed to so he doesn't think it is in its final step. Mr. Incoronato continued, saying that he would like the County to provide shredding equipment to take care of limbs and leaves. We have land for compost but not the equipment to handle the limbs, brush, shrubs and grass clippings. If this can be provided on a shared basis, supported by the County, we'll go a long way in recycling natural resources and providing us with some compost for the residents. His final item was that the position of Receiver of Taxes is an elected position unless the municipality has passed a resolution making it an appointive position. The Town has an appointive Receiver of Taxes and in his recollection this position was not made an appointive one. So it would appear that the Town would have to have a Special Election in November to come up with a person for that slot ----unless the Town Clerk can come up with such a Resolution. The Town Clerk replied that indeed she could and it was done at the time we went to a First Class Town and she would provide him with it. Mrs. Smith thanked the public for attending and hoped they would continue doing so; she welcomed the students who were present and invited them to speak to the County Legislator, Gordon Hirt, if they needed any information. There was no further business to come before the Board. MR. INCORONATO moved to adjourn the meeting, seconded by Mr. Valdati and unanimously carried. The meeting adjourned at 9:25 P.M. aine H. Snowden Town Clerk Reg. Mtg. 2/26/89 MCI