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1988-10-03 RGM• AGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING OCTOBER 3, 1988 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. Sept. 19, 1988 and adjourned Sept. 22, 1988 4. REPORTS OF OFFICERS: Town Clerk forward Tentative Budget to T/Bd T/Justices Sup/Compt Zng. Adm. (Aug); Hydrant Rec. Taxes 5. PETITIONS & COMMUNICATIONS a. Findings of the Board of Ethics (Filed w/T.Clerk 9/22/88) b. Report from J. Paggi, Eng. re: Atlas Water System c. A. Licari, dba DaNino Restaurant, Notice of Intent to Renew Liquor License d. Memorandum from Patricia DiGrnadi, Clerk to D.Co Leg. re: Extension of Comment period for DEIS-Rte 11 (Maybrook Line) e Judge Francese Corr. re: Recovery of Bond money from forfeited Bail Bond f. Mark Lieberman request permission to attend Instruction on "Public School" Inspections Nov. 3, at Millbrook g. Request from Hughsonville Fire District to waive Bldg. permit Fee h. J. Colucci re: his opposition to 36 Split Tree Drive as an alternative to 5 Drew Ct. (DCARC) i. Corr. from James Sedore re: meeting with T/Bd on Bookkeeping and Financial audit procedures 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Annual Res. for Co. Highway Snow & Ice Control Work -'88,'89 season b. Set Public Hearing for Benefit Assessments for Water and Sewer Districts and improvement Areas c. Request from W. Beloshuk for return of $300 caAlDriveway Bond d. Adjust Salary for New position held by D. Schwartz e. Vacancy on Planning Board and Board of Architectural Review Nieelqe moAysc ro anS Val iu STOP biA. acc itArrarif\) 8. UNFINISHED BUSINESS a. J. Paggi, P.E., re: Picciotti, Park Hill Water District b. J. Paggi, P.E., re: Wappinger Park Water Dist. Well #3 at Hark Plaza 9. NEW BUSINESS 10. ADJOURNMENT 288 The Regular Meeting of the Town Board of the Town of Wappinger was held on October 3, 1988 at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:36 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, followed by a moment of silent prayer for our residents and our Town. The Town Clerk presented the Tentative Budget of 1989 to the Town Board, from the Budget Officer. Reports were received from the Zoning Administrator for the month of August and from the Fire Inspector for the month of September, 1988. MRS. PAINO moved to accept the above stated reports and place them on file. Seconded by Mr. Reis Motion Unanimously Carried The Attorney to the Town forwarded the Board of Ethics Findings with respect to the Reis and Visconti matters that were referred to them. The following Motion is offered: After extensive investigation, time and research, the Board of Ethics finds no breach of the Ethics Code in the case of David Reis and the L. Richard Rosenberg/Chelsea Ridge Apartments Tax Certiorari matter. Approved on the 21st day of July, 1988, by a vote of 2 ayes and 2 abstentions. The following Motion is offered: Based on the information presented, both documentary and personal interviews, the Board of Ethics lacks sufficient information to render a decision with respect to the Visconti/ Zoning Ordinance violation. Dated: August 25, 1988 Approved by a vote of ayes 1 absent. Recommendation: The Board of Ethics of the Town of Wappinger wished to express 289 its frustration with the fact that it could only interview willing parties, so the basis for our opinions is severely limited. Therefore we recommend to the Town Board that an attempt be made to vest the Ethics Board with the authority to secure testimony and or documents from those persons or agencies who may be reluctant to voluntarily supply the same. MRS. PAINO moved to refer the Recommendation of the Board of Ethics to the Attorney to the Town. Seconded by Mr. Reis Motion Unanimously Carried The Engineer to the Town was previously requested to do a cost analysis on the Atlas Water System regarding a possible purchase by the Town. Mr. Paggi noted that his firm did an inventory and cost analysis on the system. The inventory was obtained by working closely with the owners of Atlas Water and verifying what they said was actually in the system. The dollar value that they came up with ranges from a low of $674,785.00 to a high of $740,495.00. It is now up to the Board to direct him what action they wish to take to initiate discussions with the owner. Mrs. Paino intended to schedule a work shop meeting to discuss this. MR. REIS moved to accept the correspondence and place it on file. Seconded by Mr. Farina Motion Unanimously Carried Notification of Intent to renew a Liquor License was received from Da Nino Restaurant located on Middlebush Road in the Town. MR. FARINA moved to accept the correspondence and place it on file with no comment. Seconded by Mrs. Smith Motion Unanimously Carried A Memo was received from Patricia DiGrandi, Clerk to the Dutchess County Legislature, notifying us that the comment period on Dutchess County Route 11 (Maybrook) has been extended until 5 P.M. on September 30, 1988. MRS. SMITH moved to accept this correspondence and place it on file. Seconded by Mr. Farina Motion Unanimously Carried Judge Francese wrote to the Supervisor regarding bail money which has been forfeited. MR. REIS moved to refer this matter to the Attorney to the Town. Seconded by Mrs. Smith Motion Unanimously Carried 290 Mr. A request was received from/Liebermann, Fire Inspector to attend a six hour in service seminar for public school inspections on November 3, 1988 in Millbrook from 9 A.M. to 4 P.M. Mrs. Paino added that a similar request had been received late from Mr. Levenson if the Board wished to consider it tonight. There would be no fee for attendance at the seminar. MR. FARINA moved to grant permission for the two Officials to take time from their usual positions and attend the seminar with Town vehicles. Seconded by Mr. Valdati Motion Unanimously Carried A request was received from the Hughsonville Fire District to waive a fee of $280.00 for their building permit. MRS. SMITH moved to waive the fee of $280.00 for a building permit for the Hughsonville Fire District. Seconded by Mr. Farina Motion Unanimously Carried Mr.Joseph Colucci wrote to the Town Board expressing his opposition to 36 Split Tree Drive as an alternative to 5 Drew Court as a proposed group home. MRS. SMITH moved to accept the correspondence and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried James Sedore, Jr., Certified Public Accountant wrote to the Town Clerk requesting that a meeting be set up for him to discuss some of the new laws with the Town Board and how they will affect the auditing process. Mrs. Paino said they would be addressing these subjects during the work shop meetings on the budgetary process. MR. FARINA moved to accept this correspondence and place it on file. Seconded by Mrs. Smith Motion Unanimously Carried Committee Reports --- Mr. Valdati, reported that he has received correspondence from residents of the Reese Park area and there is dumping going on in that location. 291 MR. VALDATI moved to send a letter to the Highway Superintendent asking that he investigate these complaints and take the proper action. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Valdati added that the resident who contacted him mentioned that a person's mail was found in one of the bags. If the Highway Superintendent finds the person responsible for dumping, he suggested that he take the appropriate action. Mr. Farina, Cable Committee, reported that the Cable Company has informed the Board that they would like to start negotiations for the Franchise. Mr. Cortellino, Chairman of the Cable Committee will contact his members to meet and discuss items that should be in a new Franchise. Mr. Erichsen, General Manager of U. S. Cablevision previously indicated that people subscribing to that company would be getting Seaspan and he was happy to announce that at 8 A.M. this morning on Channel 14, Seaspan started. He has also provided for those on expanded service, at 8 P.M. Turner Network Television will be on Channel 27. Mr. Farina, Landfill, reported that Paul Fanuele, a dedicated worker for the Saturday Morning Disposal Program, daughter filled in for three weeks until a be put in that position. Paul Sabitaille, now holding that Ticket sales are to pay cash. He left for college and his permanent employee could a local college man, is position and will be working throughout the winter. doing well and there are very few people who ask reminded those who use the facility that cash will no longer be accepted; tickets are sold at the Town Clerk's Office, $3.00 per bag for residents, $2.50 for senior citizens. If it is inconvenient for some to go to the Town Hall, they are welcome to send a stamped, self-adressed envelope and a check in the proper amount, the Town Clerk's Office will be happy to oblige and send them to you. Neither Mr. Reis nor Mrs. Smith had reports for this meeting. Resolutions --- An Annual Resolution for County Highway Snow and Ice Control Work for the 1988-1989 Season was placed before the Board for consideration. 292 The following resolution was offered by COUNCILMAN FARINA who moved its adoption: WHEREAS, the Town Superintendent of Highways has been requested by the County of Dutchess to participate in the regional County Highway Snow and Ice Control Program within the boundaries of the Town, and WHEREAS, and logically, an earlier or sooner response factor can be provided by Town units and personnel within the locale thereby benefiting the overall safety and welfare of town residents and local community interest, and WHEREAS, such participation by the Town in removing snow from designated County Highways, and by sanding and salting or otherwise treating them for the purpose of maintaining highway safety and accessability for emergency services, is specifically authorized by Article 6, Section 135 of the New York STate Highway Law, now, therefore, be it RESOLVED, that the Town Highway Superintendent be and is herein authorized to perform such work as is found necessary, at hourly rates as agreed upon by the Town and the County for the renting and hiring of such equipment for th winter season 1988-1989. Seconded by: Councilwoman Smith Roll Call Vote: 5 Ayes 0 Nays At the last meeting the Assessor was directed to complete the Benefit Assessment Rolls for the WAter and Sewer Districts; it is now required that the Town Board set a date and time for the Public Hearings on these Rolls. MRS. PAINO moved to set the Public Hearings on the Benefit Assessment Rolls for the following Water and Sewer Districts and Improvement Areas on November 7, 1988 starting at 6:45 P.M. and continuing at three minute intervals until completed: Wappinger Sewer Improvement Area #1, Rockingham Farms Sewer District, Fleetwood Sewer District, Mid -Point Sewer District, Ardmore Water Improvement Area, Central Wappinger Water Improvement Area, Tall Trees Improvement Area, Fleetwood Water District and Oakwood Water District. Seconded by Mr. Farina Motion Unanimously Carried A Memo was received from the Building Inspector, Thomas Classey recommending that $300.00 be released to Walter Belashuk for completion of the driveway at Lot 8 , Lormar Court. The Deputy Highway Superintendent, John DeCarlo, approved of the release. MRS. SMITH moved to release the sum of $300.00 to Walter Belashuk as recommended by the Building Inspector and the Deputy Highway Superintendent. Seconded by Mr. Farina Motion Unanimously Carried 293 A few months ago, Dorothy Schwartz was placed in a position of Secretary to the Building Inspector and at that time a salary adjustment was expected due to this new position. At that time the Board tabled the salary for a future work shop meeting. Mrs. Schwartz is concerned that this adjustment is taking so many months to be put in place. Mrs. Smith recommended that they have a work shop on this matter as soon as possible and Mrs. Paino agreed to the following Thursday. A vacancy still existed on the Planning Board and the Board of Architectural Review. MR. FARINA moved to table action on these appointments. Seconded by Mr. Reis Motion Unanimously Carried The Town Board had previously received a copy of the SEQR Findings Statement for the Town of Wappinger Wastewater Treatment Facilities Plan. MRS. PAINO moved to adopt the SEQR Findings Statement pursuant to 6 NYCRR 617.9 for the Town of Wappinger Wastewater Treatment Facilities Plan. Seconded by Mr. Reis Motion Unanimously Carried The following proposed Local Law was introduced by SUPERVISOR PAINO: A LOCAL LAW OF 1988 PROVIDING FOR REPEAL OF LOCAL LAW #6 OF 1981 SECTION 1. Legislative Intent The Town Board of the Town of Wappinger faced with a deadline pursuant to a Consent Order between the Town of Wappinger and the Department of Environmental Conservation with respect to resolving certain sewer problems in the Town of Wappinger, deems it to be in the best interest of the people of the Town of Wappinger for the Town Board to be free to negotiate and enter into agreements with Tri -Municipal Sewer Commission. SECTION 2. Repeal Local Law No. 6 of 1981, which was adopted pursuant to Municipal Home Rule Law Section 23 (2) curtailing and limiting the power of the members of the Town Board with respect to their authority to enter into agreements with Tri -Municipal Sewer Commission, be and hereby is repealed. SECTION 3. Effective Date This Local Law shall be subject to a Mandatory Referendum and shall be submitted for the approval of the Electors at a Special Election to be set by the Town Board in compliance with Article 7 of the Town Law and the proposition to be placed before 294 the Electors at said Special Election shall be stated as follows: "Should Local Law No. 6 of 1981 be repealed?" Approval of such proposition shall result in the adoption of said Local Law; failure to receive a majority of said Electors at said Special Election shall result in the defeat of said proposition. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 3rd day of October, 1988, a proposed Local Law to Repeal Local Law #6 of 1981, 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 7th day of November at 6:15 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: Councilwoman Smith Roll Call Vote: 5 Ayes 0 Nays MRS. PAINO moved that the Town Board holdtone meeting a month in October, November (November 7) and December (December 5) and the Year End Meeting be held on December 30,1988. Seconded by Mrs. Smith Motion Unanimously Carried The change in schedule is due to the fact that the budget meetings will keep the Town Board busy during October and November and in December, the Christmas Holiday is close to the meeting date, also with the Year End Meeting, there will be two meetings in December. A request was received from Judge Francese which is an annual one at this time of the year for an advancement of $1,500.00 to the STOP DWI Fund so that people may be paid from this fund. Upon receipt of funding from Dutchess County, the Town will be reimbursed as in previous years. MRS. PAINO moved to advance $1,500.00 from the General Fund to STOP DWI Fund, which will be reimbursed upon receipt of these fund from the County. Seconded by Mr. Reis Motion Unanimously Carried 295 Unfinished Business --- At the September Board Meeting, the Engineer was requested to determine if Mr. Picciotti's property was in the Watch Hill Water District, as he was led to believe by a resident in that area. Mr. Paggi had requested Mr. Picciotti to furnish him with the grid number of that property which he has done and Mrs. SNowden supplied the official map of that district and it would appear that his land is well within the confines of that district. A subsequent letter of September 30, 1988 from the Engineer informed the Board that the resident should be served as a user of the district and not as a tenant. As far as reimbursement, this may have to be referred to the Attorney for his determination but from his investigation he should immediately be treated as a member of that district. MRS. PAINO moved that Mr. Picciotti's residence be changed from that of a tenant to the Watch Hill Water District, to a member of said district and he be charged the normal fees and this action should take effect immediately. Seconded by Mr. Reis Motion Unanimously Carried A report was received from the Engineer re the Wappinger Park Water District, Hark Plaza Well No. Three. At the request of the residents of that area, the Town took over this water system and through the efforts of Mr. Paggi, he presented them with the least costly method of taking over this system as well as giving them good water. His recommendation was that we utilize one of the wells in Hark Plaza, however when some pumping tests were done it was discovered that a neighbor within 500' of that area was experiencing a dry well. The resident now has water, however, Mr. Paggi is recommending that this particular parcel be incorporated into the Wappinger Park Water District and has requested a work shop for discussion on the matter. Mrs. Paino recommended a work shop on October 13, 1988 at 7 P.M. with the Attorney, Engineer, Mr. Klein (owner of Hark Plaza), and the owner of the home with the dry well problem, if available. 296 Now that the Town has chosen the Tri -Municipal the next step is to negotiate with their representatives until they can reach an agreement. MRS. PAINO moved to appoint the Attorney and the Engineer to the Town as the negotiating team with the Tri -Municipal Sewer Commission. Seconded by Mr. Reis Motion Unanimously Carried Mr. Valdati wished to discuss this and felt that some members of the Town Board should be part of that negotiating team. They are elected officials and he felt they should be a part of this dis- cussion. Mr. Valdati offered his services to be part of the team and Mrs. Smith volunteered, also. Mr. Farina had previously discussed this with Mr. Valdati and he also offered to make himself available. There was further discussion on whom should be part of this team and Mrs. Paino commented that they all be a part of it. She then recom- mended that they contact Tri -Municipal and ask how many people should be on the Town of Wappinger team . Mr. Valdati still felt that it was up to them to decide since they had chosen this alternate. MR. VALDATI moved that Mrs. Smith, Mr. Farina and himself be part of the Town's negotiating team along with the Attorney and Engineer to the Town. Seconded by Mrs. Paino Motion Unanimously Carried Richard Kosowski, Member of the Board of Ethics, regarding the findings of this Board delivered to the Town Board, the Town Clerk and the Attorney copy of his Dissenting Opinion in the matter of Mr. Reis and Chelsea Tax Certiorari and requested that it be read into the record. The Attorney to the Town advised them that it was gibe up to them. 19 September 1988 TO: The Wappinger Town Board Subject: Dissenting Opinion Re the Matter of Town Board Member David Reis and the Settlement of L. Richard Rosenberg's Tax Certiorari As you are aware, the Board of Ethics voted on 21 July 1988 re the matter of Mr. Reis's involvement in the referenced tax certiorari, finding no conflict of interest and/or violation of ethical standards; as you may also be aware, the vote was two (2) votes for a finding of no conflict/violation, two (2) abstentions and one (1) non-voting member. Following is the Dissenting Opinion of the undersigned. 297 The ancient Greeks and probably some modern ones have said that in the case of dissension, never dare to judge till you've heard the oher side. Unfortunately, in the matter of Mr. Reis and the certiorari, it appears that there is no other side; for surprisingly, not one single present or former elected or appointed official of the Town of Wappinger seems willing to admit that they might have had any substantive involvement with negotiation of the settlement which led to the preparation of legal documents endorsing same. I observe with incredulity that in some six meetings of the Board of Ethics during which in- person interviews were conducted and/or lengthy documents were studied, that not one representative of the Town appears to be, worthy of the blame or praise for the actions, taken on behalf of the public, which resulted in the shift of a tax burden in excess of $100,000.00 from one sigment of the population to another. The subject of Mr. Reis's involvement in this matter becomes moot in the face of the lack of evidence that there was any negotiation at all. It follows that an objective interpreter of the facts would necessarily be deterred from arriving at a decision in this matter, hence this Dissenting Opinion. Further, my interpretation of the true intent and meaning of L.L. NO. 2-1970, Article III, #5-8, is that the Opinion stated herein does not fall within the confidentiality provisions of said Article since the identity of the public employee who was the subject of the Ethics Board's deliberations is a matter of public record and this Opinion reveals only information which has been publicized previously. Accordingly, I believe that this Opinion should be made public information and encourage the Town Board to do so in a timely manner. Respectfully, s/ Richard G. Kosowski, Ethics Board Member Mrs. Paino referred to a work shop last week with regard to accepting Hamlet Court. There were still a few items to be submitted before the Town can take over this road and one is an updated deed. Also required is the recommendation of the Highway Superintendent that he is satisfied that the road is complete. Mr. Wood noted that Mr. Paggi has been in contact with the engineer for the developer confirming that the descriptions that were submitted are in compliance to the filed map; Mr. Hankin has advised him that updated deeds have been forwarded to the developer for his signature so the only thing lacking that will prevent the Town from accepting this road tonight is the recommendation of the Highway Superintendent. MRS. PAINO moved to forward a letter to the Highway Superintendent requesting a recommendation for the acceptance of Hamlet Court. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Smith had a question on raising the sewer covers. Mr. Wood explained that part of what the Board will be accepting will be the deed for the Conservation property and along with that and the utility easement, it includes the sewer trouble, and they will be L 46.0 298 able to address that situation and correct it. In regard to the contract with Mr. Hankin on Wappinger Park Water System, Mr. Wood noted that there were about fifteen technical changes he wishes to make which has been discussed with Mr. Hankin and he has accepted these changes. The contract will be ready in the near future for the Supervisor's signature. In addition he has contacted the Public Service Commission and obtained the necessary petitions that the Town will have to file to obtain their consent on the sale of the property for the new water district. 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 8:28 P.M. Reg. Mtg. 10-3-88 Elaine H. Snowden Town Clerk