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1989-03-06 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MONTHLY MEETING MARCH 6, 1989 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL , , i 3. ACCEPT MINUTES: Reg. Feb. 6,'89 - Spec. Feb. 23, '89 4. REPORTS OF OFFICERS: Town Justices Annual & Feb. Receiver of Taxes-De:(2 Compt/Sup Bldg. Insp. Zng. Adm. Hydrant Report, Dog--Gontrol-Off±cer 5. PETITIONS & COMMUNICATIONS ,a. Request from Village Clerk to use 3 Voting Machines for Village Elections March 21 -b. Mr. Della Corte re: urgent need for Storm Drains on Sucich Place ,c. Request from M. Liebermann & T. Classey for permission to attend Hudson Valley Code Enforcement Officials Conference 5/1 thru 5/3 d. G. Hemmingway, Village Mayor, re: Request for support for Railside Drive, and con tints from J. Paggi on proposal e. J. Paggi, Eng. to Twn, re: Design and cost estimate of intersection of Myers Corners & Montfort Rds. realignment .f. R. Hold request confirmation of availability of Token Compensation for Recreation Members •g. H. Levenson, Zng. Adm, request permission to attend various courses ---h. Richard Rose re: Atlas Water i. Raymond Croniser request release of Maintenance Bond for Daniel Sabi. j. R. Holt, Ch. Rec. Comm., requests attorney to T. be authorized Dr.iv?. to pursue Rec. property realignment at Mondfort Rd. rec area k. State Ed. Dept. re: Schedule MU -1 1. NYS Health Dept. re: Wappinger Park Water District m. Corr. from J. Paggi to Peter Marlowe re: Schedule for T of W Water n. H. Supt.,K. Croshier, requests L.L. for various "STOP" signs, Systems and permission to seek bids for surplus equipment 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Bid for Highway Truck -b. Re: corr. from J. Paggi, Eng. to T.,Bd. give authorization to him to prepare Map, Plan & Report for proposed Atlas Water Dist. and Sewer Transmission Dist. c. Resolution to Authorize purchase of Atlas Water d. Approval of Memorandum of understanding for Tri Municipal e. Introduce Local Laws for: "No Parking" outer perimeter of Regency Drive, and, Wildwood Drive median f. D. Laswoski re: adopting res. for fixed assets inventory: 1. To designate Property Control Manager 2. Designate Departmental Fixed Assets Custodian 3. Establish minimum value of fixed assets to be included in inventory g. Marcy South Resolution - payment in lieu of taxes - Palazzo property �, . Fe chedule amendments " for site plans amended site plans, --subd. i. Fleetwood Water Storage Facility - Emergency J k'.e. tvw.0 a kM4v t,, ,. ,,� 8. UNFINISHED BUSINESS Quiet Acres Lighing District 9. NEW BUSINESS p p I --}}-- 7 � blS 1 liJCe.\ �v� LN 1M • G�[�c. %rt\ ���� �L (lR:� cat SQMI'fi[.c. '�D (`G er (?) l e PQ5 l CYQd. 7 IG �k8v\ fer (ULC.eL-40rn ��l . _,�y:�: ���.�,�;_4i- • '"G��.rcti 10. ADJOURNMENT 3, �� t f� (4a�> _ " 34;I:Lae 47 The Regular Monthly Meeting of the Town Board of the Town of Wappinger was held on March 6th, 1989 at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:35 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk Others Present: Thomas Wood, Attorney Joseph E. Paggi, Jr., Engineer The Supervisor requested all to join in the Pledge of Allegiance to the Flag and a moment of silent prayer for the Town of Wappinger and its residents. The Minutes of the Regular Meeting of February 6, 1989 and the Special Meeting of February 23, 1989, having previously been forwarded to all Board Members, were now placed before them for their consideration. MRS. SMITH moved that the above stated Minutes be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Reis Motion Unanimously Carried The Annual Reports were received from the Town Justices, also their February monthly report, Zoning Administrator for February and the Hydrant Report for February. MR. VALDATI moved to accept the above stated Reports and place them on file. Seconded by Mr. Reis Motion Unanimously Carried Mr. Valdati noted that the report from the Dog Control Officer was r„r„r„ not received. Petitions & Communications --- A request was received from the Village Clerk for the use of three of the Town's Voting Machines for their Annual Election on March 21, 1989. MR. REIS moved to grant permission to the Village of Wappingers Falls 48 to use three of the Town's voting machines for their Annual Election on March 21, 1989. Seconded by Mrs. Smith Motion Unanimously Carried A letter was received from Mr. Della Corte regarding water problems on Sucich Place and an urgent need for storm drains. Mr. Della Corte was present and showed pictures of his and his neighbor's property. He added that Mr. Valdati was kind enough to come down and see for himself what was going on with the drain -off; Mr. Corte asked him what the Town could do for them. MR.VALDATI moved to authorize the Engineer to investigate Mr. Corte,'s property and report his findings to the Town Board. Seconded by Mr. Farina Motion Unanimously Carried Requests were received from Mark Liebermann and Thomas Classey to attend Hudson Valley Code Enforcement Officials Conference from May 1st through May 3rd, 1989. They will be credited with twenty four hours of required in service training mandated by the State; the registration fee is $130.00 per person. MRS. SMITH moved to grant permission to attend the Conference as requested and the $130.00 registration fee per person will be a Town charge. Seconded by Mrs. Paino Motion Unanimously Carried Mayor Gregory Hemingway wrote to the Town Board requesting support for Railside Drive and the Town Board also received comments on this subject from our Engineer, Mr. Paggi. He expressed his opinion that Railside Drive may very well be instrumental in relieving Route 9 and 9D of the traffic burden but it may well have an impact on other areas. MRS. PAINO moved to support Mr. Paggi's comments and forward same to the Village of Wappingers Falls Board of Trustees. Seconded by Mrs. Smith Roll Call Vote: 4 Ayes Mr. Farina ---Nay Mr. Farina explained that he has always been in favor of Railside Drive, but the other members said this did not mean they were not in favor of the concept, however, they did want to know if there would be any 100111110 Septemberj9th, 1988 Board meeting, to respond to the Dutchess County Department of Public Works request to realign the above stated intersection; over the years it grows and grows and at this point it is quite wide. In order to channelize it, it would require the removal of a certain amount of pavement and reestablishment of the pavement into a lawn area, repavement of the intersection and signing and striping of the pavement. If the Town's forces did the work, the estimate for the work would be approximately $4,300.00. The Dutchess County Department of Public Works has seen the plans and agree with the concept. MRS. PAINO moved to accept the Engineer's report and place it on file. Seconded by Mr. Reis impacts and whether it was environmentally sound and any other aspects that would affect the community. The application must go through the SEQR process before anyone can make a determination as to the feasibility of the project. A report was received from the Engineer regarding the design and cost estimate of the intersection of Myers Corners and Montfort Roads realignment. Mr. Paggi commented that he was authorized, at the 49 L Motion Unanimously Carried A request was received from Mr. Holt, Chairman of the Recreation Commission regarding the Board's reconsideration of a stipend to the members of the Recreation Commission, which was discussed by them at budget time. It was discussed at a Town Board meeting, however, at that time they decided it was too late to consider it for 1989 and they agreed to table it for the next budget work shops. MRS. SMITH moved that the request for a stipend for Recreation Commission Members be considered during the 1989 budget process. Seconded by Mr. Reis Motion Unanimously Carried Mr. Levenson wrote to the Board requesting permission to attend Code Courses required in his position as Zoning Administrator. MRS. SMITH moved to grant permission to Mr. Levenson to attend the required Code Courses on construction and all legitimate expenses will be a Town charge*.. Seconded by Mr. Reis Motion Unanimously CArried 50 Mr. Richard Rose, 5 Anvil Court, was on the Agenda to speak on the matter of the proposed purchase by the Town of the Atlas Water Company. The letter that he wrote to the Supervisor indicated that he had questions on whose recommendation precipitated the decision to purchase the system, how will the purchase be funded, who approached who regarding said purchase and other pertinent questions that may arise from the discourse. Mr. Rose was present and started with the question of when was this decision made; the first he knew about it was about a month ago he saw an article in the Poughkeepsie Journal that the Town was buying Atlas Water, and again in the Southern Dutchess News. He asked the value of the plant and what the Town's plans are for serving the customers. He had complained before to the Board about the service he was getting and it has gotten progressively worse. Who would foot the bills for 3/4 of a million dollars and is it worth that. Mrs. Paino explained that they have been trying to address the water supply system as a whole in the Town since she has been in office and related the projects that have been done to preserve our water supply and also to expand the sources of supply. The Town is currently utilizing the Sprout Creek and according to recent studies, the area serviced by this aquifer experiences drought conditions. On the other hand, the Wappinger Creek aquifer, which supplies Atlas Water, is a good source of water and not prone to drought periods. There are problems existing in the Atlas Water system but these can be corrected when the Town takes over. What has happened so far is that the principals of Atlas approached the Town with a price of $lmillion to purchase the system; the Engineer was authorized to do a study on the assessed value of this system which was completed and this was followed by work shops which accomplished, through negotiations, a purchase price of $745,000 which appeared to be agreeable to both parties. This amount will be bonded, however the burden will not be borne solely by the existing customers, but by potential customers in a proposed expansion of the present boundaries of Atlas. The Engineer gave a brief explanation of the expansion, noting that it would soon be presented to the public if the Town Board decided to proceed with the purchase and take it to a public hearing. Approvals are needed from many agencies but he did foresee a go ahead by mid summer if all went smoothly. Mr. Rose then asked if Mr. Paggi could arrange to have 51 the Dutchess County Health Department go to his house, check out his water and the problems he has. He'd also like to know the Town's plans as far as auxiliary power to the well. If someone hits a pole in front of the bowling alley on Route 9, the system looses power to the well and everyone on the system is without water. Mr. Paggi explained that there presently exists an interconnection between CWWIA and Atlas through the Pizzagalli site which is supposed to operate when 0000.10 such conditions exist. There is still work to be done to make it sea - kw worthy and it is his understanding, from the Pizzagalli people that this should be happening any day. As soon as this is operable and Atlas experiences an outage of power and water, the flow of water will go from CWWIA down to the Atlas system. Mr. Rose thought they should check out the emergency generator which hasn't worked in years, also shut off the system for an hour, turn it back on and go over to his house and see what happens. Dirt, etc., goes through the mains into his house, air almost blows the meter off the walls. He was not, he stated, the only person who had bad experiences with this water system, he's the only person who comes and complains about the problems. Mrs. Paino requested the Engineer to check out Mr. Rose's complaints. L Bernice Mills, a Wildwood resident and Atlas customer, guessed she really had no objection to the Town purchasing the Atlas Water System; her objection is that 450 users already paid for that system so if the Town is interested in purchasing this water system, be her guest, but she doesn't see why the rest of them have to pay for it again. When that area purchased their homes they paid for water and sewer and you don't get it for nothing. They've paid for the water once, and the sewer for the second time with bonded indebtedness; she doesn't believe these people should be paying the bonded indebtedness for something they weren't even asked about. She understands Mr. Rose's problem but it's unique and if they took a poll of the 450 people she guarantees that they would not want the system to be sold. Nothing has been told to the people , they don't even know what it would cost. The Town should have gone after Atlas Water for the inoperable generator and she, too, griped that when the lights go out, the water goes. The storage system should also be on line as it was mandated by the County Health Department, now all of a sudden they don't need a storage tank. She also objected to a mix of water, the water they have is fine. She can see it in an emergency, we should help our neighbors, but she doesn't believe we 52 should be paying to help our neighbors; if they are coming on line, let them pay for it. Again she insisted that the Atlas users should not be forced to pay a second time; the Board seems to be missing that and certainly her Councilman should have warned people that we were going to be getting this far into the situation. Like Mr. Rose, the first she knew about it was when she saw it in the paper. What's the bottom line, she wanted know, what are they going to get that they don't have now. When the Town took over the sewer, it's because the users thought they were going to get stuck with big bills and the people requested the Town to buy them out, but they didn't ask the Town to purchase the water system, since the majority of the people are satisfied with the water system. The Attorney explained that the Agreement the Town would consider tonight was to lock in the owner of the property to the $745,000 purchase price they agreed to. It is subject not only to several approval processes, but also subject to the Town forming a water district. If this is approved tonight, the next step would be to prepare a Map, Plan and Report to show the water district boundaries and then to public hearing with this information and get the comments from the residents that it will involve. Mrs. Mills asked if they received a negative response would they still be greedy enough to say that we need this water, let them squawk all they want, we want the water. She reiterated her objection to paying for the system again. In response to Mr. Hirkala's question on a Town wide water district and what will it cost the people, Mrs. Paino reiterated statements made by the Attorney, the Engineer and herself, that this information would be forthcoming from a Map, Plan and Report to be submitted by the Engineer, which they intend to authorize him to do during the meeting. A brief discussion ensued on a proposed water district and the procedure of assessing those within the district for the cost of the system, as prescribed by Town Law. Mr. Raymond Croniser wrote to the Town Clerk request the release of a maintenance bond in the amount of $5,030.00 for Daniel Sabia Drive. The Highway Superintendent recommended the release of the bond and the Engineer had no problem with the Town Board approving the release. 53 MRS. PAINO moved to release the Maintenance Bond in the amount of $5,030.00 to Raymond Croniser for Daniel Sabia Drive, at the recommendation of the Highway Superintendent and the Engineer. Seconded by Mr. Valdati Motion Unanimously Carried A Memo was received from Ralph Holt, Chairman of the Recreation Commission regard property realignment at the Montfort Road recreation wry property. He was seeking authorizing from the Board for the Attorney 111111 to proceed in determining an equitable solution between the Town and the other owner involved in the property realignment. The Board held a work shop on this and it was the consensus of opinion that Mr. Holt would get back to them in regard to negotiating an equal swap and then the Attorney would do the legal ramifications. MRS. SMITH moved to request Mr. Holt to provide whatever information he has to the Attorney and authorize the Attorney to pursue the matter after receiving Mr. Holt's input. Seconded by Mr. Farina Motion Unanimously Carried A Communication was received from Robert Arnold, Chief, Local Government Records Bureau on Records Retention and Disposition Schedule MU -1. He was sending, under separate cover, to the Town Clerk a copy of this schedule for use by Municipal Governments for the legal disposition of official Town records. He urged the Town Board to adopt the schedule as soon as possible since after the 30th of April 1989, no records may be disposed of until the Board adopted said schedule, and consent to use all previous schedules as a guideline will be withdrawn. MR. VALDATI moved to adopt Schedule MU -1 and notify the Town Historian. Seconded by Mrs. Smith Motion Unanimously Carried Notification was received from Gilbert Faustel with the New York State Bureau of Public Water Supply Protection, that they have reviewed documents and exhibits pertaining to the Wappinger Park water supply and recommend no hearing, also approval of the application with the following conditions: that final plans and specifications be submitted for approval to the Dutchess County Health Department, including plans for the replacement well for J. A. Klein, and that 54 the Town enact protective watershed rules and regulations for the new well. MRS. PAINO moved to accept this notification and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried MRS. PAINO moved to authorize the Attorney to prepare a Local Law Setting the Rates for the Wappinger Park Water District for consideration by the Board at their next meeting. Seconded by Mr. Valdati Motion Unanimously Carried Mr. Paggi wrote to the Board regarding the Town of Wappinger Water System and requested authorization to proceed with the work in both Tall Trees and Central Wappinger Water Improvement Area. MRS. PAINO moved to authorize the Engineer to proceed with the necessary work in Tall Trees and Central Wappinger Water Improvement Area. Seconded by Mr. Reis Motion Unanimously Carried A request was received from the Highway Superintendent to put Stop Signs at the following roads: Intersection of Smithtown Road & Cooper Road Intersection of Cooper Road & Old Route 9 New Road coming onto Old Route 9 Stage Door Road coming onto Old Route 9 MRS. PAINO requested the Attorney to prepare a Local Law Authorizing the Stop Signs as stated in Mr. Croshier's letter. Seconded by Mr. Reis Motion Unanimously Carried The Highway Superintendent was also seeking approval from the Board to seek bids for surplus equipment stating that when he had the complete list ready, he would submit it to the Board. MRS. SMITH moved to grant permission to the Highway Superintendent to seek bids for surplus equipment, after he has provided the list of such equipment to the Town Board. Seconded by Mr. Farina Motion Unanimously Carried Committee Reports --- Councilman Valdati, Safety, reported that he received a phone call 55 from Mr. Anthony DiPietrantonio who is the owner of the Crossroads House in Hughsonville and he complained that since it is a single lane of traffic at that location going north, during rush hour cars are starting to form a second lane to make a right turn at Old Hopewell Road by going on his property and when visiting this resident found that there are tire tracks at least five to six feet in on his property. A pole has been knocked down and also a tree damaged; it appears to be an unsafe condition and also a possible infringement upon this man's rights. MR. VALDATI moved that a letter be directed to the New York State Department of Transportation and the Dutchess County Department of Public Works requesting them to look into this matter and if at all possible alleviate the situation before an accident occurs. Seconded by Mr. Reis Motion Unanimously Carried Mr. Valdati requested that the homeowner be copied on any communica- tions received from these agencies. Councilman Reis had no reports for this meeting. Councilman Farina had several reports but since Councilman Valdati brought up a traffic safety item, he, too had one to report which was that drivers are still crossing the median at Route 9 and Osborne Hill Road, although barriers have been placed there, and it is causing a hazardous condition especially late at night. Mr. Reis added that he too had a safety problem to report for the attention of the D.O.T. Since there is no access from the 7 -Eleven Store on to Old Hopewell Road, cars are exiting from the Store crossing the median on Route 9 to the left turn lane and proceeding to make the turn when allowable, to travel easterly on Old Hopewell Road. MR. FARINA moved to direct a letter to the New York State Department of Transportation alerting them to the median crossings at both Route 9 and Osborne Hill Road and Old Hopewell Road and request either a better barrier or more law enforcement to put a stop to the hazardous conditions. Seconded by Mrs. Paino Motion Unanimously Carried Councilman Farina, on the Saturday Morning Refuse Program, reported that in 1988 we went to ticket sales, one of the reasons being was to 56 make sure only Town residents were taking advantage of the program and we weren't incurring costs from people outside of the Town. Based on last year's revenues and expenses, they have collected a surplus. Presently the rates are $3.00 for regular tickets and $2.50 for Senior Citizens; he would like to see the Seniors reduced to $1.50 per ticket since it is the practice of the carters to give these people a deeper discount, the Town should do the same. MR. FARINA moved to reestablish the $3.00 rate per ticket for the regular ticket and establish a reduced rate of $1.50 for the Senior Citizens for 1989, effective April 1, 1989. Seconded by Mrs. Paino Motion Unanimously Carried On a related matter, Mr. Farina wished to clarify the salary rate for the person working at the refuse site every Saturday morning from 9 AM to 12 Noon. The normal rate is $5.00 an hour and in the past it has been the practiceof the Town to pay that individual time and one half when a holiday occurs between Friday and Monday and that person is required to work on Saturday. There has been confusion regarding that practice and he would like to make it official. MR. FARINA moved that effective in 1989, whenever a holiday occurs between Friday and Monday and a person is working at the Refuse Program on Saturday, they are entitled to a time and one half hourly rate of $7.50 per hour. Seconded by Mrs. Smith Motion Unanimously Carried Councilman Farina, as Town Delegate to the Association of Town's Business Meeting, reported on some of the discussions and resolutions that were addressed at the February Meeting in New York. He spoke of actions taken by the Governor to reduce the budget shortfalls, among them to reduce per capita aid in many forms to local government. Towns will be affected by reimbursement usually received for sewer and other services that the Town provides. There were several resolutions and proposals by the Association to bring forward to the state legislature and bring back to the residents for support to write their Assemblymen and State Senators. Mr. Farina went through the resolutions that were presented identifying the ones he voted for; they discussed Solid Waste, Revenue Sharing, Transfer Tax (against) L 57 Sales Tax, Mandates, State Sewer Operations and Maintenance, Condominium Assessment, Highway Fund. This covers his participation in the majority of the items that were addressed. Councilwoman Smith, personnel, asked that the Board hold a work shop to discuss a pay scale for all employees that she has been working on since she first took office and she's now at a point where she needs some help from the other members. Dial -A -Ride ---she has nothing to report except to say that the meeting was cancelled so they could find some money in their budget to give back to the County. Gordon Hirt, Wappinger County Legislator, was present and invited to speak to the public on County activities that might be of interest to the Town. Mr. Hirt spoke of the 1} million dollars that Governor Cuomo held back from their payments. He's cosponsoring a resolution on the budget freeze which appeared in the Poughkeepsie Journal today. This saved the budget last November and December, but he doesn't think they can wait to the 4th quarter this year to save the budget because it would be too enormous a shortfall. Some of the estimates of the sales tax revenue are highly exaggerated; for the last four or five years it's been 3, 4, 5%, and this year it jumped to 13% for no apparent reason. He also agreed with Mr. Farina on the issue of Real Estate Property Tax; they talk about affordable housing and then try to blast the people who are trying to buy a house with more and more taxes. He concluded his comments and said he'd be around next month. Resolutions --- Two bids were received on the 4 wheel drive Truck with Plow Equipment for the Highway Department. This was rebid since only one bid was received on the first bid last month. The two bids received this 160 time are as follows: Healey International Trucks, Inc, $73,740.00 and Temple Hill Garage, Inc., $84,900.00. The Superintendent recommends the bid be awarded to Healey International Trucks, Inc. MRS. SMITH moved to award the bid for the 4 Wheel Drive Dump Truck with Plow Equipment to Healey International Trucks, Inc. at a total price of $73,740.00. Seconded by Mr. Farina Motion Unanimously Carried 58 Correspondence was received from Mr. Paggi regarding the authorization for him to proceed with the Map, Plan and Report on the proposed Atlas Water District and the proposed Sewer Transmission District. MRS. PAINO authorized the Engineer to prepare the Map, Plan and Report on the proposed Atlas Water District and the proposed Sewer Transmission District. Seconded by Mr. Valdati Motion Unanimously Carried The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, the Town Board has previously held Workshop Sessions and have met with the owner of the Atlas Water Company, and WHEREAS, the Town Board has discussed with the owner of Atlas Water Company the possibility of purchasing said Water Company, and WHEREAS, the Town Board and the owner of said Company have agreed on a purchase price of Seven Hundred Forty Five Thousand ($745,000.00) Dollars for the purchase of the Atlas Water Company, and WHEREAS, it is the desire of the Town to have a commitment from the owner of said Company to commit to sell the Atlas Water Company to the Town for that figure once the Town Board has gone through the various legal steps required in order to purchase the Company, NOW THEREFORE, BE IT RESOLVED that the Supervisor be and hereby is authorized to execute the annexed Contract authorizing the purchase of the Atlas Water Company for the sum of Seven Hundred Forty Five Thousand ($745,000.00) Dollars by the Town of Wappinger subject to the Town Board's ability to establish a Water District covering the ATlas franchise and obtaining the approval of the Department of Audit and Control, the Department of Environmental Conservation and the Department of Health, and the Public Service Commission, and BE IT FURTHER RESOLVED tht the Engineer to the Town and the Attorney to the Town are hereby directed to take all steps necessary in order to begin the process for establishing the District and obtaining the approvals of the various Agencies involved. Seconded by: Councilman Reis Roll Call Vote: 4 Ayes Councilwoman Smith ---Nay Mrs. Smith had a problem with this resolution and informed Mrs. Paino of this earlier; she has no Map, Plan or Report in front of her. She understands it's to keep the price at the $745,000 and agrees with that, however, she'd like to have the horse before the cart, so to speak. The following resolution was offered by COUNCILWOMAN SMITH who offered its adoption: 59 WHEREAS, the Town of Wappinger previously, in its finding pursuant to SEQR, has determined that the best alternative for the treatment of its wastewater is to enter into an Agreement with the Tri -Municipal Sewer Commission, and WHEREAS, members of the Town Board, the Engineer to the Town, and the Attorney to the Town have negotiated with the Tri -Municipal Sewer Commission and have arrived at a Memorandum of Understanding which would form the basis for the agreement between the Town of Wappinger and Tri -Municipal Commission for the treatment of waste- water from the Town of Wappinger, and WHEREAS, this Memorandum of Understanding has been considered and discussed by the entire Town Board and changes and modifications have been negotiated by the entire Board, and WHEREAS, the Memorandum of Understanding is now in a form thought to be acceptable to a majority of the Board, and WHEREAS, It is the intention of the Board that this Memorandum of Understanding be signed by the Supervisor and that said approval be subject to the removal of Local Law No. 6 of 1981 from the Statute books of the Town of Wappinger, either by Declaratory Judgment action or referendum, NOW THEREFORE BE IT RESOLVED that the Supervisor of the Town of Wappinger be and hereby is directed and authorized to the annexed Memorandum of Understanding on behalf of the Town of Wappinger on the condition that said approval is subject to the disposition with respect to Local Law No. 6 of 1981 in the Court system. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays The following proposed Local Law was introduced by SUPERVISOR PAINO: A LOCAL LAW REGULATING PARKING ON REGENCY DRIVE IN THE TOWN OF WAPPINGER SECTION 1. Legislative Intent It is the intention of the Town Board of the Town of Wappinger in the interest of the public health, welfare and safety of the people of the Town of Wappinger to restrict parking on certain parts of Regency Drive in the Town of Wappinger, so as to prevent any obstruction to the normal and regular flow of traffic along Regency Drive. SECTION 2. Parking Restricted There shall be No Parking along the most southerly, most easterly and most northerly outer perimeter of Regency Drive in the Town of Wappinger. SECTION 3. Signs The Highway Wuperintendent of the Town of Wappinger is hereby directed to install appropriate signs indicating that there shall be No Parking in the designated area. SECTION 4. Violations The owner of any vehicle which is found to be parked in a "No Parking" zone as enumerated above, shall be guilty of a violation and shall be subject to a fine in a sum not to exceed $50.00. section 5. Effective Date This Law shall take effect immediately upon the filing with 60 the Secretary of STate of the State of New York. The following resolution was offered by SUPERVISOR PAINO who offered its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 6th day of March, 1989, a proposed Local Law Regulating Parking on Regency Drive in the Town of Wappinger and, WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 3rd day of April 1989 at 7:15 P.M. on such day at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays The following proposed Local Law was introduced by SUPERVISOR PAINO: LOCAL LAW REGULATING PARKING ON WILDWOOD DRIVE IN THE TOWN OF WAPPINGER SECTION 1. Legislative Intent It is the intention of the Town Board of the Town of Wappinger in the interest of the public health, welfare and safety of the people of the Town of Wappinger to restrict parking on certain parts of Wildwood Drive in the Town of Wappinger, so as to prevent any obstruction to the normal and regular flow of traffic along Wildwood Drive. SECTION 2. Parking Restricted There shall be No Parking on the median separating the lanes of travel on Wildwood Drive in the Town of Wappinger. SECTION 3. Signs The Highway Superintendent of the Town of Wappinger is hereby directed to install appropriate signs indicating that there shall be No Parking in the designated area. SECTION 4. Violations The owner of any vehicle which is found to be parked in a "No Parking" zone as enumerated above, shall be guilty of a violation and shall be subject to a fine in a sum not to exceed $50.00. SECTION 5. Effective Date This Law shall take effect immediately upon the filing with the Secretary of State of the State of New York. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: 61 WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 6th day of March 1989, a proposed Local Law Regulating Parking on Wildwood Drive in the Town of Wappinger, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 3rd day of April, 1989 at 7:20 P.M. on such day at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays A Memo was received from the Comptroller requesting the Board, in order to facilitate the completion of the fixed asset inventory, to pass resolutions -- 1) Designate a Property Control Manager, 2) Designate Departmental Fixed Asset Custodians, 3) Determine value of fixed assets to be included in inventory. Mr. Reis moved to designate the Comptroller as the Property Control Manager, designate the Department Heads as Departmental Fixed Asset Custodians, and set a minimum value of $500.00 for fixed assets to be included in the inventory. Seconded by Mrs. Smith Motion Unanimously Carried An Agreement with Marcy South on payment in Lieu of Taxes on the former Palazzo property was tabled at the last meeting for a recommendation from the Assessor. A notice has since been received from Mr. Logan stating that he was in agreement with any decision made by the Town Board concerning this matter. MR. VALDATI moved to authorize the Supervisor the sign the Agreement with Marcy South. Seconded by Mr. Reis Motion Unanimously Carried 62 Fee Schedule Amendments had previously been submitted by the Planning Board for the Town Board's consideration. MRS. PAINO moved to approve the following Fee Schedule Amendments: Site Plan: $300 for application, plus $100 per 1,000 square feet of gross floor area of building. Plus $10.00 per parking space up to 10 Plus $ 5.00 per parking space 11 to 100 Plus $ 4.00 per parking space 101 and above Amended Site Plan: $150 for each application, plus same fee as Site Plan for additional gross floor area and additional parking spaces. Subdv: $300 for application, plus $100 per lot Seconded by: Mr. Reis Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, BY April 30, 1989, an additional storage facility must be constructed for the Fleetwood Water District in the Town of Wappinger, and WHEREAS, the Engineer to the Town has advised that there will not be sufficient time within which to bid the project, receive the bid proposal back, and select a successful bidder to complete the job, NOW THEREFORE, BE IT RESOLVED, that the Fleetwood Storage Water Facility mandated by the Department of Health is hereby deemed to be an emergency situation with respect to the bidding requirements of the General Municipal Law. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, the Town Board has authorized certain emergency installations and repairs of water storage facilities at the Fleetwood Water District, and WHEREAS, it will be necessary to borrow the funds to complete the installation of these water storage facilities, and WHEREAS, it appears that the Town will have to borrow a sum of approximately Eighty Thousand ($80,000.00) Dollars to cover those repairs, NOW THEREFORE BE IT RESOLVED that the Town Comptroller and the Attorney to the Town are hereby directed to take all steps necessary to secure financing for the Fleetwood Water District for a total sum of Eighty Thousand Dollars and BE IT FURTHER RESOLVED that the the Town Board does hereby direct them to prepare said Bonds and to place them before this Board for their approval. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays 63 The Comptroller requested the Town Board to transfer the sum of $15,000.00 for bills that have been or will be presented from the accountants, Sedore & O'Sullivan. He explained that they were transferred by the Board at the end of 1988 but the monies were not used. The Board needed further clarification and it was agreed to discuss this at a work shop. Unfinished Business --- A request had been received from the residents of Quiet Acres for a Street Lighting District at a previous meeting and referred to the Attorney to determine the percentage of the residents required to enable the Town to proceed with Central Hudson. Mr. Wood was still researching this matter and would get back to the Town Board with the information when it is available. Councilwoman Smith reported that she had asked the Auditors if she could meet with them and discuss their progress with the Town Audit. It appears that they were having some problems with getting the information they asked for, but the Comptroller compiled lists for the various departments and he was assisting them, so that's working out alright, but one of the items that was bothering her was the process for the vouchers. They took a test sampling for the vouchers and found that many were overpaid; they pulled several from Camo Pollution and found overpayments on numerous times and they were over $200 in excess. Also when the vouchers come in from Camo, John Tremper is called in to approve them. She questioned why he should approve them since he's not a Town employee. Another point is that the Comptroller stamps them approved and to be paid so evidently he's not checking them if they have discovered overages of $200.00 or more. Mr. Valdati concurred with this adding that the amounts on the vouchers did not add up to the totals presented for payment. He gave examples of the amount of hours worked times the hourly rate and it didn't come out to the proper amount. MRS. SMITH moved that the 1987 and 1988 vouchers of Camo Pollution Control and Sedore and O'Sullivan be pulled and if it is determined that they have been overpaid, the Town should request a refund. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Paino seconded the motion and informed the Board that some of 64 the vouchers checked were those of Sedore and O'Sullivan and today one was found to show Mrs. Smith noted that Town often overbonds. account like a saving to the principal, but an overage of $3,000.00 on one voucher. another problem was with the bonding and the The money is put into an interest drawing acount and this interest money should be applied it hasn't been, it's been sitting in limbo and at this point we have approximately $100,000 available that we know of that should have been applied to the budget this year to lower the taxes. This will have to be corrected in 1990 and apply the funds to the principal so the taxpayers will not be charged more taxes than are necessary. Also there was no bond register kept and the auditors had to create one, for twenty-five hours at $60.00 an hour; that's a waste of $1,500.00 and it appears that it should be the responsibility of the Comptroller. The Register was ordered and received but never used. The 1987 audit is being conducted and the 1988 one will not be any better; also if things aren't tightened up and controlled, the 1989 audit won't be any better. Entries, she pointed out, are being made in a fund balance and no competent Comptroller would do that, so it appears to her that the Comptroller is incompetent; once before for his resignation and now she's calling for it again. Mr. Valdati spoke of another concern brought up by the auditors and it was in regard to the Town's check printing machine being left unsecured and the two keys are left in the machine at all times. He felt one should be under lock and key and the other with the Comptroller or chief fiscal officer. Also the signature plate which authorizes payment of a check, is left in that machine. To further complicate matters, the blank checks are left in an unlocked drawer, so it appears that the Town's assets are not being safeguarded very well. Mrs. Paino differed with this statement and said that the Comptroller instituted the practice of keeping the keys under lock and key when she first came to the Town's employ; she would double check on this to make sure the practice was still being used. Mr. Valdati also urged the Supervisor to make sure the Comptroller was providing the necessary information to the auditors that they requested and within the time frame; she assured him that she met with the Comptroller and representatives from Sedore, O'Sullivan and Letterio, and the information from the different department heads will be ready when they need it and they are aware of that. she called 65 New Business --- A request was received from John Railing for water service from Central Wappinger Water Improvement Area for a parcel of land owned by Albert Roberts which is within the boundaries of the water area. Mr. Paggi had written his recommendation to the Board that there would be no problem in servicing this parcel but it had not been received by the Board as yet since it was only mailed on Friday. MRS..PAINO moved to table action on this matter pending information from the Engineer. Seconded by Mr. Reis Motion Unanimously Carried A Letter of Credit was received from James Klein for Nicole Farms; also, an amended Letter of Credit was received for the Red Hawk Hollow Subdivision, and as requested by Mrs. Smith, it stated that the amount would cover the completion of the road plus any required drainage work in the Subdivision. Mrs. Snowden noted that the Letter of Credit from G & S Properties for Lookout Point Subdivision would expire on March 21, 1989. MRS. SMITH moved to accept the Letter of Credit for Nicole Farms and the amended Letter of Credit for Red Hawk Hollow Subdivision and the proper parties be notified that the Letter of Credit for Lookout Point Subdivision is to be renewed. Seconded by Mr. Valdati Motion Unanimously Carried There was no other business to come before the Board. MR. REIS moved to adjourn the meeting, seconded by Mrs. Paino and unanimously carried. The meeting adjourned at 9:10 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 3/6/89