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1989-01-16 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER REGULAR MONTHLY MEETING JANUARY 16, 1989 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDG ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Special Dec. 19, 1988 YEAR END Dec. 29, 1988 ReOrganizational Jan. 2, 1989 4. REPORTS OF OFFICERS: Town Justices (Nov. -Dec.) Rec. of Taxes (Nov. -Dec.) Zng. Adm. (NOv.-Dec.) Bldg. Insp. (Nov.) Sup/Compt Hydrant Dog Control Officer 5. PETITIONS & COMMUNICATIONS a. Note for Record: receipt of Title Ins. thus completing the acceptance of portion of Sherwood Heights Rd. b. Corr. T/Fishkill re: Request for water consumption information quarterly in order for them to bill Sewer on Quarterly basis in Watch Hill Dist. Corr. from J. Paggi, PE, Eng to T. re: Kent Rd. STOP signs d. James O'Connor, *EX. Director, S -W request discussion of Advanced Life Support Services e. Notices of Public Hearings from: T/LaGrange, T/ Fishkill, & T/Pk on Zoning Ordinance Amendments f. Town Justices recommendation for appointment of "Marriage Officer' g. N.Y.S.P.S.C. ORDER approving Wappinger Park Homes, Inc. for transfer of waterworks system to T/Wappinger h. K. Croshier, H. Supt. request establishment of Part-time position of employment for a Clerk in Highway Dept. Office i. M.T. O'Leary, Wapp. Youth Outreach, Inc. re: request Town to Sponsor5,000 Community Development Grant 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Concurrence with Hughsonville Fire Commissions of appointments to Fire Prevention Bureau of Ronald Andrews & Rob't Ashworth b. Dial -a -Ride agreement c. John Railing request water service for 2 lot subdivision: Gold Rd. d. Thos. Classey request refund of $1,000 deposit in escrow back to UpRite Hiders. e. Sludge Bids f. Central Hudson: Street Lighting Change Order authorizing new Pole g. Designation of Insurance Agent h. Introduce Revised Amendments to T/Wappinger Zoning Ordinance & set Public Hearing _i. Vacancy: Zoning Board of Appeals term expires 2/1/89 for Jas. Brooker j. Transfer for Saratoga Associates to cover spending limit overage k. Authorize Supt. of Highways to seek bids for Highway aggregates, gas and oil for 1989 1. Appoint chairman ZBA 8. UNFINISHED BUSINESS A. Compt. corr. re: T/Bd to re -state Policy for use of Tickets only for refuse disposal B. Request of New Hackensack Reformed Church for waiver of certain Fees 9. NEW BUSINESS 10. ADJOURNMENT 17 The Regular Meeting of the Town Board of the Town of Wappinger was held on January 16, 1989, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the Meeting at 7:40 P.M. Present: Irene Paino, Supervisor David Reis, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk Absent: Vincent Farina, Councilman (Out of Town on Business) Others Present: John Klarl, Attorney (Joseph Paggi, Engineer, was present prior to the meeting but left after receiving a call that his son was in the hospital) The meeting started with the Pledge of Allegiance to the Flag followed by a moment of silence in honor of the memory of Dr. Martin Luther King. The Minutes of the Regular Meeting of December 5, 1988, Special Meeting of December 19, 1988, Year End Meeting of December 29, 1988 and Reorganizatonal Meeting of January 2, 1989, having previously been forwarded to the Board Members, were 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 Reports were received from the Town Justices, Receiver of Taxes, Zoning Administrator and Building Inspector for the months of November and December. MR. REIS moved to accept the above stated reports and place them on file. Seconded by Mrs. Smith Motion Unanimously Carried Mr. James O'Connor, Executive Director of Sloper Willen Ambulance Company, was on the Agenda under Petitions and Communications but requested to address the Board prior to the time he was allotted. He commented that Sloper representatives came to the Board about a year and a half ago and asked if there was a possibility of establishing 18 a tax district for an ambulance service; at this time he would like to come back to a work shop and discuss what would be the best for the Town of Wappinger at this point in time, rather than going to a referendum for an ambulance district in the next few months. MRS. PAINO moved that they table the creation of an ambulance district, at the request of Sloper Willen Ambulance Company, for the time being. Seconded by Mr. Reis Motion Unanimously Carried Mr. O'Connor said he would like to get back with the Supervisor at a future date for a work shop meeting. Petitions & Communications --- Mr. Segal had forwarded the Title Insurance for Sherwood Heights Road and the required documents have all been received. At a previous meeting Sherwood Heights was accepted as and for a Town Road conditional upon the receipt of the Title Insurance. MRS. PAINO moved to accept the Title Insurance for Sherwood Heights and place it on file. Seconded by Mr. Reis Motion Unanimously Carried Correspondence was received from the Town of Fishkill requesting that we supply them with water consumption information quarterly in order for them to bill sewer on a quarterly basis in the Watch Hill District. Our billing clerk has indicated that it will be additional work for her and Mrs. Paino recommended that they hold a work shop meeting to discuss the situation. MRS. PAINO moved to schedule a work shop meeting with Debra Brown, Water and Sewer Billing Clerk, to discuss the additional time she would be putting in to do the extra work requested by the Town of Fishkill. Seconded by Mr. Reis Motion Unanimously Carried A report was received from the Engineer regarding a request from the residents of Kent Road for Stop Signs at various intersections. A work shop was held with the residents last week at which time Mr. Paggi presented the results of a survey done by his crew on the Stop Signs on Kent Road, particularly pertaining to recommended sight distances. It appeared that the only feasible ones would be one in a westerly direction and one in an easterly direction on Lake Oniad Drive. The Attorney was 19 requested to prepare a Local Law Authorizing said Stop Signs on Kent Road with its intersection at Lake Oniad Drive, for the Town Board's consideration at the next meeting. Notices of Public Hearings were received from the Towns of LaGrange, Fishkill and Poughkeepsie on Zoning Ordinance Amendments. MR. REIS moved to accept the Notices and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried A recommendation was received from the Town Justices regarding an Amendment to Chapter 49 of the Laws of 1988, Article 3, Section 11C of the Domestic Relations Law which provides that the governing body of any village, town, or city may appoint a marriage officer who shall have the authority to solemnize a marriage. They agreed that Gloria Morse, present Court Clerk, be appointed as the Marriage Officer and further agreed that there will be no compensation paid to Mrs. Morse for this position although she is entitled to receive gratuities, none of which shall exceed $75.00 for each ceremony. They feel that this will be convenient for all concerned especially when the Justices are not available to perform such service. The Justices indicated that they had spoken with Mrs. Morse regarding the position and she agreed to accept the position, if she was appointed by the Town Board. The following Resolution was offered by COUNCILMAN REIS who moved its adoption: BE IT RESOLVED, that Gloria Morse, be and she hereby is appointed as a Marriage Officer for the Town of Wappinger, pursuant to Article 3 - Section 11c of the Domestic Relations Law, to serve at the pleasure of the Town Board, and BE IT FURTHER RESOLVED, that Gloria Morse shall not receive a salary for said position, however, she may accept gratuities up to $75.00 per ceremony at which she officiates. Seconded by: Supervisor Paino Roll Call Vote: 4 Ayes 0 Nays Mr. Farina ---Absent The New York State Public Service Commission Order approving the Wappinger Park Waterworks System transfer to the Town of Wappinger was received by the Town Board. MRS. PAINO moved to accept the Order from the P.S.C. and place it on file. Seconded by Mr. Reis Motion Unanimously Carried 20 A request was received from the Highway Superintendent to create another position in his office for a part time clerk. Mrs. Paino also assumed Mr. Croshier was seeking a second clerk for his department, but in a discussion with him, learned that he wanted the part time position for his present employee due to her mother's illness. The situation has since eased, according to conversation with Mr. Croshier today, and he would like to rescind the original request. A second request was received from Mr. Croshier seeking permission to go to bid on a truck with a plow. MR. REIS moved to authorize the Highway Superintendent to go to bid on a truck with a plow. Seconded by Mrs. Paino Motion Unanimously Carried A request was received from Margaret O'Leary, Wappinger Youth Outreach, for the Town to sponsor $75,000 Community Development Grant for their organization. Although it did not require a formal public hearing, it did require discussion at a public informational meeting. Mrs. Paino set this meeting for January 26, 1989 at 7:00 P.M. for this request and also apply for $30,000 for the Town Senior Citizen Program. The breakdown of the $75,000 request is as follows: $50,000 for Wappinger Youth Outreach Inc's Subsidiary, Hudson Valley Housing Fund Company, Inc., and $25,000 Community Development Funds for Rehabilitation of the Oddfellows Building's Residential Rental Units. All are invited to participate and comment at the public informational meeting. A Special Meeting was set for 7:10 P.M., following the public informational meeting, in order to take action on the requests so they may be submitted in a timely manner to the County. Mr. Valdati mentioned that he had a former commitment at his daughter's school and was not sure that he could change it. Committee Reports -- There were no reports submitted by the Councilpeople for this meeting. Resolutions --- The Hughsonville Fire District has informed the Town Board that they have appointed Ronald Andrews and Robert Ashworth as members 1 21 of the Town of Wappinger Fire Prevention Bureau to fill the vacancies created ' by the resignations of Edward Dominello and Michael Stanulewich. MR. REIS moved to confirm the appointments of Ronald Andrews and Robert Ashworth as members of the Town of Wappinger Fire Prevention Bureau representing the Hughsonville Fire District. Seconded by Mrs. Smith Motion Unanimously Carried The Dial -A -Ride Agreement between the Town of Wappinger and the County of Dutchess for their services for 1989, was placed before the Board for their consideration. Mrs. Smith, who chairs this Committee, noted that there was a raise in the fee, but they did expect that; everything else seems to be in order. MRS. SMITH moved to authorize the Supervisor to sign the Dial -A -Ride Agreement for 1989. Seconded by Mr. Reis Motion Unanimously Carried A request was received from John Railing of Barger, Gray and Railing for water service from the Central Wappinger Water Improvement Area for a two lot subdivision on Gold Road. Correspondence was received from the Engineer recommending that Mr. Railing be allowed to tie into CWWIA, as there would be no impact to the water system. MRS. PAINO moved to approve the water service to Mr. Railing for the two lot subdivision on Gold Road. Seconded by Mr. Reis Motion Unanimously Carried The Town Clerk was requested to notify Mr. Railing and the Dutchess County Health Department of this action. Ihre The Building Inspector wrote to the Board recommending that a $1,000 escrow account being held for completion of the driveway at Lot #8, Sabia Drive, be released to UpRite Builders; the work has been completed and confirmed by the Engineer. MR. VALDATI moved to release the $1,000 escrow money to UpRite Builders, as recommended by the Engineer and the Building Inspector. Seconded by Mrs. Smith Motion Unanimously Carried 22 As directed by the Town Board, bids for Sludge Removal were rebid due to irregularities in the first bids. Two bids were received as follows: All County Resource management Corp: $135.00 per 1,000 gals. M & 0 Sanitation: $137.50 per 1,000 gals. Although All County was the low bidder, they failed to sign the Non -Collusion Certificate. The Engineer reviewed the bids and forwarded them to the Attorney for his opinion which he rendered to the Board in a statement read by Mrs. Paino indicating that General Municipal Law provides that all bids, contracts and proposals to political subdivisions of the State must be accompanied by a Non -Collusion Bidding Certificate before it can be considered by the municipality, however, the opinion of the Comptroller provides that municipalities may accept Non -Collusion Certificates after bids are opened, but before the bids are considered. It was the Attorney's opinion, based on these facts, that as long as the lowest bidder can provide the Non -Collusion Affidavit, as prescribed by Section 103 of General Municipal Law, prior to the time the Town Board considers awarding the bid, that bid would be allowed and able to be accepted by the Town Board. According to this, the Board could not award the bid at this meeting if they intend to consider the low bidder. MRS. PAINO moved to table awarding the bid for Sludge Removal to the Special Meeting of January 26, 1989. Seconded by Mr. Reis Motion Unanimously Carried The Town CLerk was requested to contact the low bidder, All County Resource Management Corp. and indicate to them that the Non -Collusion Certificate must be signed and submitted to the Town prior to this meeting. A Street Lighting Authority Order was received from Central Hudson for authorization to remove and install a new pole and light as a result of the pole being broken by a car. MR. REIS moved to authorize Central Hudson to make the changes specified in the Order and authorize the Supervisor to sign said Order. Seconded by Mr. Valdati Motion Unanimously Carried 23 The designation of an Insurance Agent for the Town was tabled at the Reorganizational Meeting pending submission of quotes for the insurance coverage required by the Town. At this time, they still had not received these quotes. MRS. SMITH moved to table the appointment of an insurance agent and contact the agencies for their quotes for the insurance coverage. Seconded by Mr. Reis Motion Unanimously Carried Wappinger County Legislator Sandy Goldberg informed the Board that there is a State Law that insurance companies must give sixty days notice if they intend to increase the premium by more than 10%. The Introduction of the Revision to the Zoning Ordinance and consideration of setting a Public Hearing was on the Agenda, however, the required resolutions and map had not been submitted to the Town Clerk for publication. MRS. PAINO moved to table this item for further information. Seconded by Mrs. Smith Motion Unanimously Carried There will be a vacancy on the Zoning Board of Appeals on February 1, 1989 when James Brooker's term expires. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that James Brooker, be and he hereby is reappointed as a member of the Town of Wappinger Zoning Board of Appeals to fill the vacancy that will exist at the expiration of his term, and BE IT FURTHER RESOLVED, that the term of the said James Brooker on the Zoning Board of Appeals, will expire February 1, 1994. Seconded by: Councilman Reis Roll Call Vote: 4 Ayes 0 Nays Mr. Farina ---Absent gibe A transfer was submitted by the Comptroller in the amount of $300.00 to the account of Saratoga Associates. MRS. PAINO moved to table action on this resolution for further information. Seconded by Mr. Valdati Motion Unanimously Carried 24 A request was received from the Highway Superintendent to go to bid on Highway Materials, Gas and Oil for 1989. MR. REIS moved to authorize the Highway Superintendent to go to bid on the Highway Materials, Gas and Oil for 1989. Seconded by Mrs. Smith Motion Unanimously Carried The appointment of Chairman of the Zoning Board of Appeals was tabled at the Reorganizational Meeting at Mrs. Smith's request as she wished to discuss the appointment with the members of that Board; she had previously been told that the members preferred to have another Chairman. Since then she has discussed this with them and they all appeared to be very satisfied with Mr. Brooker. MRS. PAINO moved to appoint James Brooker as Chairman of the Town of Wappinger Zoning Board of Appeals for 1989. Seconded by Mrs. Smith Motion Unanimously Carried Unfinished Business - Correspondence was received from the Comptroller regarding a previously stated policy of accepting tickets only at the refuse disposal site. He wished to reaffirm this policy since money was c accepted by one of the during the holidays. Mrs. Paino preferred to table discussion since Councilman Farina was absent, but Mrs. Smith had been requested by him to present certain information at the meeting. According to the information presented to Mrs. Smith, the reason he had accepted money was that it was the holiday season and the Town Hall was closed so the residents were not able to purchase the tickets. He did not have anyone to work at the site on the Saturday prior to the holiday so his daughter reluctantly worked for the three hours and put in for holiday time on the voucher (time and one half for December 24th); the Comptroller returned the voucher to her for that reason stating that it had to have Town Board authoriza- tion. Mrs. Smith asked the Board members how they felt about paying the holiday rate which is $7.50 an hour for three hours, total of $22.50 plus the other hours that she worked at normal rate. As far as taking money instead of tickets, Mrs. Smith explained that she's a sixteen year old girl and wasn't sure what to do in that situation so she accepted the money. In doing so she made $29.00 for the Town so Mrs. Smith felt that was a good move and she would back her on that. 25 MRS. PAINO moved to table action on this matter until Mr. Farina was present. Seconded by Mr. Reis Motion Unanimously Carried A request from the New Hackensack Reformed Church for waiver of certain fees pertinent to their new structure, had previously been referred to the Attorney for his opinion. The building permit fees and site plan fees had been waived by the Board, however their question was should the Downstream Drainage Fees and Recreation Fees be waived. After a brief discussion, all agreed that these fees should not be waived. MR. REIS moved not to waive fees on Downstream Drainage or Recreation for the New Hackensack Reformed Church. Seconded by Mrs. Smith Motion Unanimously Carried Sandy Goldberg and Gordon Hirt, Wappinger County Legislators were present and invited to comment on activities of the County that might be of interest to the Town. Mrs. Goldberg had nothing to report at this time. Mr. Hirt reminded the Board that when he was appointed and asked to say a few words, all he could think of was "thank you", and now he had nothing to report so again he wished to say "thank you". There was no other business to come before the Board. MR. REIS moved to adjourn the meeting, seconded by Mrs. Smith and unanimously carried. The meeting adjourned at 8:05 P.M. Reg. Mtg. 1/16/89 ine `. Snowden Town Clerk