1980-06-09 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
JUNE 9, 1980
. SUPERVISOR CALL MEETING TO ORDER
. ROLL CALL
PLEDGE OF ALLEGIANCE
GIRL SCOUT TROOP # 36
• ACCEPT -MINUTES Reg. May 12, 1980 Specials April. 28 and May 15, i3S0
4. REPORTS OF OFFICERS
Town Justice Bldg/Zoning Rec. of Taxes Combined Supervisor-Compt.
monthly fiscal report (thru 3-31-80)
5. PETITIONS & COMMUNICATIONS
a. Richard Garbus Ass't Mngr. Re: consideration
Hidden Hollow Apts into Condominiums
b. R. Jurina, Attny for F. Banta, re: Drainage
c. Nathan Spells, Lakeoniad Realty Co., re: 90
located between Spook Hill & Erivin Drive -seeks
zoning of parcel
d. Harold Sussman re: W & S Benefit Assessment on
property
e. Connie Smith request permission to attend conference for
Rensselarville June 15-18.
f. Note of thanks from Highway Crew on Vacation/Sick leave Policy
g. Alice & Arthur Swan re: Court case involving Dorothy Heights and
their property
h. Planning Bd. re: Conservation Density Subdivision
i. Hans Gunderud, Zng. Adm. re: Phillips House
of transforming
Problem
A. Parcel of land
tc•reestablish nacre
Hunt Country Estates
Historians
J.
k.
1.
m.
n.
Hans Gunderud, Bldg/Zng re: Off Street Parking Regulations
Edward Llewellyn re: Kent Rd. complaints
Legal Notice from Zng. Bd. re: Public Hearing June 10, 1980
Attny to Town comments on "Common Areas" of Cluster Zoning
Joseph Fulton re: Town Water - Sewer - and Subdivisions
6. COMMITTEE REPORTS
a.
b.
c.
Wappinger Park Water Supply System
Fire Prevention Ordinance
Recommendation for Repeal of SEQRA
ii 7. RESOLUTIONS
a. Wm. Crane - Authorize Consent Judgement settling the Benderson
Development Cp., Inc. Certiorari
b. Applications for Peddlers Licneses - Bottatico & Guarino
c. Contracting for Appraisal of Fixed Assets
d. Local Law for Indemnification of Town Employees
e. Request County Health Dept. to approve Sewer hook-up permits (Diehl)
f. Vacancy on Recreation Commission
8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
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The Regular Meeting of the Town Board of the Town of Wappinger
was held on June 9, 1980 at Town Hall, Mill Street, Village of
Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:10 P.M.
Mr. Diehl then invited Girl Scout Troop #36 and their leader to
lead the congregation in the Pledge of Allegiance to the Flag.
All stood and said the Pledge of Allegiance and the Girl Scouts
also renewed their Scout Promise.
The Minutes of the Regular Meeting of May 12, 1980 and the Special
Meetings of April 28 and May 15, 1980, having previously been sent
to the Town Board, were now placed before them for their consideration.
MR. JOHNSON moved that the Minutes of the Regular Meeting of May 12,
1980 and the Special Meetings of April 28th and May 15th, 1980, be
and they are hereby approved, as submitted by the Town Clerk.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Diehl then wished to recognize County Legislator Lois Gray,
before taking up the next item on the Agenda which was Reports of
Officers.
Ms. Gray's first item of interest wasthhat the proposed air show
had been cancelled and she read the letter from Elwyn Enterprises
to the Dutchess County Attorney confirming this fact. The Legisla-
ture adapted a Resolution Rescinding Authorization to Conduct the
Air Show at the meeting held that afternoon. Ms. Gray brought up
other resolutions that were adopted at the meeting ---one objecting
to the reduction of security at any correctional facilities in
Duthhess County. Another one was related to private sales through
tax deeds and the expense incurred from these transactions; this
resolution authorized the Commissioner of Finance to collect the
sum of $50.00 for each parcel sold at private sale and credit the
appropriate revenue account. A third resolution and probably the
most important one, in Ms. Gray's opinion was that pertaining to
nfi
solid waste, whereby the County officially ended activity on the
Purox system and decided to go in the direction of the resource
recovery system which suggested a garbage-to-steam technology using
IBM as the major user. Mr. Incoronato then asked Ms. Gray about
two items of interest:thathad been brought up by Mr. DeBiase,
Chairman of the Dutchess County Legislature; the first item was
the reduction of the size of the Legislature, and the second was
the elimination of overlapping Town and Village jurisdiction with
the County. He happened to agree with this and knew, for a fact,
that it has worked effectively. He asked Ms. Gray's opinion and
she informed Mr. Incorornato of the action taken on these suggestions,
but as a new legislator, did not venture an opinion, other than to
state that she would like to remain a legislator. These have been
turned over to committees for study, and when action was taken, she
would keep the public informed.
Mrs. Mills then thanked Lois Gray for the time and effort she had
put in to have the proposed Air Show at the airport cancelled and
also to the other legislators who supported her.
Reports had been received from the Town Justices and the Building
Inspector/zoning Administrator for the month of May, the Receiver
of Taxes for April and May, and a new combindd Supervisor -Comptroller
Monthly Fiscal Report (similar to the old Supervisors Report) which
was through the end of April.
MRS. MILLS moved to accept the above mentioned reports and place them
on file.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mr. Frank Presti, Recreation Commissioner, then made a presentation
on a band stand project at the Schlathaus property. Copies of a
detailed map was distributed to the Board plus an estimate of
$3,627.43 for materials and labor. Mr. Presti explained that this was
an all weather, all year round platform which will have multi uses.
Two concerts have already been planned, it will be used for tumbling,
arts and crafts, etc. This was planned in keeping with the wishes
of George Schlathaus who specified that this property that was donated
to the Town be used for recreational purposes.
3
He hoped the Board would look upon this project favorably.
Mr. Versace then asked Mr. Presti what the Recreation Commission
intended to do with the Schlathaus property, other than this project.
The intention was to make meeting rooms in the basement, however,
before this could be done, they would have to do some renovating,
as the entrance was not high enough for the average person to enter,
therefore, Mr. Presti had some designing to do. There were buildings
that could be used for storage which was badly needed. He hoped to
put parking on Old Myers Road by the farm, and if more space was
needed for the concerts, they would use the property owned by the
Town near DeGarmo Hills. It was determined that this project did
not have to go to bid. The purpose of the presentation, Mr. Presti
explained, was to present the idea, the approximate cost and the
feelings of the Board on this expenditure for this type of project.
Mr. Versace said he was just happy the Commission was doing something
with the property and hoped that by the end of the year they would
come up with other plans, definite plans to utilize the property for
the purpose it was intended for.
A letter was addressed to both the Town Board and the Planning Board
from Richard Garbuss Assistant Manager of Litas Investing Co.
inquiring about Town procedures in the matter of transforming the
Hidden Hollow Apartments to condominiums. There was also a communi-
cation from Attorney Jon Adams with his opinion on the necessary
procedures. Mr. Johnson read Mr. Adams letter as a direction of
this matter to the Planning Board --their function under normal
subdivision approval and regulations and they should be advised that
kow it is their area of responsibility. Mr. Jay Rubenstein, member of
the Planning Board was present and informed the Board that their
Board had referred this matter to the Attorney General's office for
their opinion. There was, therefore, no action by the Town Board,
it was agreed that the Planning Board would handle the matter.
Attorney Raymond Jurina, Jr. wrote to the Town Board on behalf of
Fiona Banta, Diddell Road, relating to a problem of drainage on Mrs.
Banta's property.
337
Mr. Dieht`ireferred this matter to the Drainage Committee for their
study and report at the next meeting.
A request was received from Nathan Spells, Lakeoniad Realty Co.
to rezone a parcel of land located on Spook Hill Road and Ervin Arive
from one acre back to one-half acre which it originally had been
zoned before the new Zoning Ordinance went into effect.
Mr. Johnson felt that the Zoning Ordinance was -just adopted recently
and Mr . Spells states in his letter that he's ready to start
immediately ---he could have started building the z acre lots before
the Ordinance was adopted and he sees no reason to rezone this 90
acres of land back to i acre.
MR. JOHNSON moved that Mr. Spells be advised that the Town Board
does not wish to entertain his request.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A letter from Attorney Harold Sussman representing Masterpiece Homes
Inc.,(formerly Quail Homes) Hunt Country Estates, corner of Spook
Hill Road and Meyers Corners Road, stated that his client felt that
the increase in Water and Sewer Benefit Assessment was excessive and
requested a hearing regarding same.
MR. JOHNSON moved that this matter be referred to the Attorney for
recommendation and response.
Seconded by Mrs.Mills
Motion Unanimously Carried
Before the vote was taken, Mr. Versace expressed the opinion that
this property owner had the right to appear at the public hearing
and voice his protest and be heard by the Town Board. He wondered
why it should be referred to the Attorney. Mr. Diehl responded
that they were doing that so the Attorney could inform the owner
what avenues were available to him to protest this assessment, and
explain the policy of the Town in arriving at this figure. Mr.
Logan, Assessor of the Town, had explained in his letter to the
Board that the property owner had received preliminary subdivision
approval prior to the establishment of the Benefit Assessment Rolls,
and the units were increased from 5 to 28 in accordance with the
l
338
established policy of the Town.
Next on the Agenda was a request from the Town Historian Connie
Smith to attend a conference for Historians at Rensselarville from
June 15 through June 18th, 1980.
MR. JOHNSON moved to grant permission to Town Historian Connie
Smith to attend the conference for Historians at Rensselarville,
New York from June 15 to June 18th, 1980, and her normal ±ncurred
expenses would be a Town charge.
Seconded by Mrs. Reilly
Motion Unanimously Carried
The Receiver of Taxes, Amelia Crosby, had been invited to conduct
classes at the Syracuse meeting of the Association of Towns and
requested permission from the Town Board to attend on August 18th
and August 19th.
Mr.JOhne commented that normally department heads were allowed to
attend one conference a year, and Mrs. Crosby had attended the New
York Association of Towns, but he felt that the Town and Mrs. Crosby
had been honored by this invitation, and this was a special case
that should be considered.
MR. JOHNSON moved that permission be granted to Amelia Crosby,
Receiver of Taxes to attend and conduct a class at the Syracuse
Association of Town on August 18th and August 19th and her normal
expenses be a Town charge.
Seconded by Mrs. Mills
Motion Unanimously Carried
A letter of thanks was received from the Highway Department for the
Board's consideration of their request of some changes in the
Personnel Policy which involved personal days and the number of
sick days that could be accumulated plus a few other changes that
were beneficial to all employees. Mr. Diehl remarked that this
was through the Personnel Committee of the Town Board and the
Highway and Department Heads who cooperated in making changes that
were to the benefit of all.
MR. JOHNSON moved that the letter be received and placed on file.
Seconded by Mrs. Reilly Motion Unanimously Carried
Alice and Arthur Swan wrote to the Board in regard to their
court case involving Dorothy Heights and their property and asked
for immediate action to settle this matter and set a date for
the court appearance. Mr. Adams said he was ready and had con-
tacted their attorney on several occasions in an attempt to set
a date, but had received no response. Mr. Diehl recommended that
Mr. Swam inform his attorney that Mr. Adams was waiting to arrange
a mutually convenient date with him.
A letter was received from the Planning Board asking for clarifi-
cation of a letter from the Town Board regarding the new concept
of a Conservation Density Subdivision. There seemed to be some
confusion in the interpretation of this letter, but Mr. Johnson
explained that the Town Board does have the right to approve the
concept of such subdivision, then the Planning Board, at that time
would go through their normal planning functions. In the letter
we indicated that we would like them to proceed with these functions
and give the Town Board their pros and cons on the concept prior to
their public hearing. The final approval would be with the Planning
Board and this Board did not intend to usurp their powers. Mr.
Adams wrote to the Planning Board outlining the intent of the Town
Board and Mr. Johnson believed that the confusion was straightened
out. Mr. Versace added that this was discussed at the work shop
session with Mr. Klein and concurred that the Town Board was not
trying to compete with the Planning Board, but it was a new concept,
and the Town Board did want to have some involvement with it. There
might also be some comments from Town Board concerning recreation.
He, too, felt it was explained to the satisfaction of all.
Mr. Hans Gunderud, Zoning Administrator, wrote to the Board
concerning the Phillips House (Unsafe Buildings) and recommended
that the Board either remove the house or board it up.
MR. JOHNSON moved that the Zoning Administrator be authorized to
obtain several informal bids on the removal of the Phillips house
and report back to the Board with these figures.
Seconded by Mr. Diehl
Motion Unanimously Carried
A second letter from Mr. Gunderud was in reference to Off -Street
34P
Parking Regulations. Mr. Diehl commented that Mrs. Mills had
some suggestions on this matter of her own, and she also concurred
with Mr. Gunderud on his recommendations. Mr. Diehl referred this
matter to the Ordinance Committee for their review and update.
Several communications were received from Edward Llewellyn involving
various complaints such as overhanging trees, a ditch in front of
his house, blacktopping the road over a drain pipe, installation of
a steel guard rail, cutting weeds, an intersection sign, cleaning
up trash and traction material He stated he has complained about
kwe
these conditions many times to the Highway Superintendent, but
nothing was ever done about it.
MRS DIEHL;moved,that this be referred to the Highway Superintendent
and the Attorney to the Town, and if necessary, the Highway Superin-
tendent meet with Mr. Llewellyn to discuss these complaints, and
both officials report back to the Town Board with their recommenda-
tions.
Seconded by Mrs. Mills
Roll Call Vote: 4 Ayes Mr. Versace ---Nay
Before the vote was taken, Mr. Versace expressed the opinion that
Mr. Horton, Highway Superintendent should meet with Mr. Llewellyn
to discuss the various complaints he had and determine the solution
to correct them. Mr. Diehl felt that the Highway Superintendent
should use his own judgment to decide if a meeting was necessary;
however, Mr. Versace persisted that it was only fair to the property
owner to give him an opportunity to voice these complaints in person,
not just rely on written reports from the official to the Town Board.
Previous complaints on drainage had led to site inspections made by
Town officials and the complaintant, so why not the same courtesy and
cooperation in this case. Mr. Diehl stuck to his original motion
and felt that the Highway Superintendent should first inspect these
areas and then meet with Mr. Llewellyn if he deemed it necessary.
Due to the fact that Town property abutted property at 19 Cider
Mill Loop on which a request had been received to operate a nursery
school, legal notice of a Public Hearing on this matter was received
by the Town Clerk.
MR. JOHNSON moved to receive this Notice of Public Hearing and
place it on file.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A letter was received from Attorney Jon Adams regarding "Common
Areas" of Cluster Zoning, which was addressed to both the Town
Board and the Planning Board.
MR. JOHNSON moved that this communication be referred to the
Planning Board for their comments.
Seconded by Mrs. Mills
Motion Unanimously Carried
A request was received from Joseph Fulton to speak to the Board
on Town water (systems, districts and billings), Town sewer and
Town subdivisions. Mr. Fulton was present and asked the Board
if they were aware that the hearing by the D.E.C. on the installa-
tion of well #5 in the Central Wappinger Water Improvement Area
scheduled for June 10, 1980, had been postponed until September 16,
1980. Mr. Diehl responded that the Board had been notified of
this action. Mr. Fulton continued on saying that a petition had
been circulated throughout the water district asking for this
postponement in order that tests could be conducted by the state
determining the capacity of the system. He further stated that he
could not understand why the Supervisor, the Attorney and the
Engineer were willing to have the hearing without tests being made.
He asked for comments from the Board. Mr. Diehl spoke and said he
was in favor of proceeding with the hearing and having the tests
completed for the sole purpose of hooking up the well in case there
was a water emergency in the Town; he wanted to be sure all home
owners had a water supply; this was a back-up well. Mr. Johnson
then asked Mr. Fulton how this hearing came about --who requested
it. It was determined that Atlas Water Co. had requested it beeause
the principal felt there was some infringement of their rights.
If that was the case, Mr. Johnson felt the hearing should be held,
since the request was there and had been granted.
346;
Mr. Fulton continued and discussed the matter of the tests and
the pressure he had put on the state to have them done, even
though the Board and the Engineer did not want them done. Mrs.
Mills interrupted to inform him she was at a meeting with the
Engineer and Mr. Hill from the Health Department, and the Engineer
stated that he wanted tests done and this was in the minutes of that
meeting. Mr. Versace stated that he was interested in knowing the
capacity of the wells in Central Wappinger Water Improvement #kla.
He asked if the postponement of the hearing on June 10th, was the
kwe result of the petition that was circulated in the district. Mr.
L
Versace felt that the County Health Department was lax; they have
been authorized to do tests and it's from their delay that this
information is not in front of the Board and the public. Mr. Fulton
interrupted to ask that the full Board make a formal resolution
authorizing that these tests be done, and that they be done by an
unbiased engineering firm according to industrial specifications.
Mr. Diehl then spoke about a meeting he had attended the previous
week with the County Executive, Jack Hill, Dr. Anderson, and the
County Attorney and agreed that a firm by the name of Weston who
had given a bid for these tests, be authorized to perform them.
Mr. Fulton then argued that Mr. Hill was setting the specifications
for this test, and it was a farce, the specs should be set by the
state, Mr. Hill is not an engineer.
Mr. Fulton then presented an envelope to the Town Clerk claiming
they were documents proving a conflict of interest on the part of
the Engineer to the Town.
Mr. Lafko had a late correspondence to the Board regarding a
proposal to install t he pump stored at Oakwood Knolls in Well #5
at Hilltop. He was present and made a lengthy presentation on the
history of his involvement with, and objection to, the installation of
the well.
Mr. Diehl asked for a ten minute recess at 9:48 P.M.
The meeting reaanaed at 9:58 P.M. and all Board members were present.
Mr. Lafko resumed his presentation on the same subject, going into
the same areas as Mr. Fulton had pursued, that of the tests and who
drew the specs for these tests. He asked Mr. Lapar if he had seen
34
the Weston proposal for the tests, and suggested that Mr. Lapar
study it and recommend to the Board. If the Board voted officially
to do these tests, then he (Mr. Lafko) could expedite the mechanics
of this test by his offer in the letter to the Supervisor. The
letter was received late and the Town Board just received it before
the meeting and therefore, no action was taken by the Board on Mr.
Lafko's offer.
Mr. Diehl recognized Mrs. Schmalz before going into Committee Reports,
who asked why the letter from Cross Court Tennis Club was not read
as requested by them. It was explained to Mrs. Schmalz that it was
a late correspondence and the Board could not entertain this letter
tonight; she persisted in this matter and asked the Board if they had
ever allowed late correspondence to be on the agenda and Mr. Versace
answered that it had and he would request that the letter be read
toward the end of the meeting under new business.
Under Committee Reports, Mrs. Mills noted that her committee had
met with Mr. Hankin and residents from Wappinger Park Homes regarding
the water system; the report is incomplete at this time as there
are quettions to be answered, additional figures have to be provided.
Mrs. Mills would report when everything was compiled on this subject.
Mr. Johnson reported that his committee met last month with the
Fire Chiefs and the Building Inspector to review the Fire Prevention
Ordinance. It was determined that the Ordinance did need revision;
the Building Inspector was gathering some data and a meeting will be
set some time this month with the Attorney present for his legal
opinions.
Under Tri -Municipal, Mr. Johnson reported on a meeting held last
Thursday; the Environmental Consultants gave a synopsis on where
the project now stands. The recommendations are that the Town of
Wappinger have one plantp with the possible exemption of a separate
facility in Chelsea. The target.date for the Draft EIS is still
August 1st, and they hope to set an informational meeting sometime
at the end of June or early July.
The Ordinance Committee would meet on Thursday, June 19th at 8:30 P.M.
to begin review on the Zoning Ordinance. Mr. Johnson was not prepared
11
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344,
to speak on the repeal of the SEQRA---they would take that up at
the next meeting.
Mr. Versace had no Committee Report but wished to inform the Board
that on the subject of SEQRA, a memo was received from Mr. Diehl
back in April recommending the repeal of SEQRA based on a public
hearing in 1979, but upon researching he found that there was no
public hearing held ---it had been cancelled. He therefore felt
that if they were still considering the repeal of this law, a
public hearing should be set and held on SEQRA.
A communication was received from William Crane, Attorney from
Rosen Crane and Wolfson, the firm handling the. Town's tax reviews,
enclosing a proposed consent order settling the tax certiorari of
Benderson vs. Wappingers Central School District and the Town of
Wappinger. He recommended approval of this settlement based on the
fact that the taxpayer was prepared to prove that the premises were
assessed unequally and Mr. Logan
this order as it would be better
court to settle the case.
recommended that the
and less costly than
Board
going
approve
to
The following resolution was offered by SUPERVISOR DIEHL who moved
its adoption:
BE IT RESOLVED, that Rosen, Crane & Wolfson is hereby directed
to execute a consent judgment settling the Benderson Development
Co., Inc. against Wappingers Central School District and the Town
of Wappinger tax certiorari, a copy of which is attached hereto
and made a part hereof, and that Rosen, Crane & Wolfson is
authorized and directed to settle the above captioned proceeding
pursuant to the terms of said judgment.
Seconded by: Councilwoman Reilly
Roll Call Vote: 5 Ayes 0 Nays
Two applications were received for Peddler's Licenses ---one from
Anthony and Lorraine Bottalico1and Roy Guarino, both for Hot Dog
Trucks.
MRS. REILLY moved to grant Peddler's Licenses to Mr. & Mrs. Anthony
Bottalico and Roy Guarino.
Seconded by Mrs. Mills
Motion Unanimously Carried
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34?
A memo was received from Comptroller Henry Cuatt asking for
direction in the matter of a contract for the appraisal of fixed
assets. Two proposals had been received from Industrial Appraisal
Company, Proposal A in the amount of $2,865 for the appraisal of
buildings, machinery and equipment and Proposal B in the amount
of $5,930.00 for the appraisal of buildings, machinery and equipment
of the Sewage and Water Treatment facilities. These had been
presented at last month's meeting and action tabled in order to
enable the Board to review the proposals.
Mr. Versace voiced his opinion that this contract should be approved,
we would have an up to date record of Town property and it could be
continued from there, it would be a worthwhile investment, a necessary
expenditure and the money was in the budget.
MR. VERSACE moved to authorize the Comptroller to enter into a
contract with Industrial Appraisal Company for Proposal B in the
amount of $5,930.00 for the appraisal of buildings, machinery and
equipment of the Sewage and Water Treatment facilities.
Seconded by: Mrs. Mills
Roll Call Vote:
Supervisor Diehl Nay
Councilman Johnson Nay
Councilwoman Mills Aye
Councilwoman Reilly Nay
Councilman Versace Aye
Motion Defeated
Before the vote was taken, Mr. Diehl spoke against the proposal and
felt that the insurance companies had a list of all heavy equipment
and most of the property owned by the Town, and he saw no advantage
in having this done by an appraisal company.
Mrs. Reilly said they were talking about spending well over $8,000.00
and at their meeting Mr. Cuatt did not tell them that they would
be saving money by having this done, plus the fact that there would
be a yearly fee for an update each year. Since the Comptroller had
not contacted them with additional information, she was not ready
to act on any proposal at this time.
Mrs. Mills wished to second the motion because she felt it was
very important for the Town to have such a record. She had attempted
for two years to have department heads take an inventory, however
they had not acted favorably toward this idea.
13 346
After the vote was taken, Mr. Johnson commented that at this point
there are certain inventory lists that have been done by the
insurance companies, all new equipment is easily identifiable;
prior to 1975, most of the equipment is zero value; however, he
felt that in view of comments made tonight, it would be appropriate
to up date these inventory lists that are already existing.
MR. JOHNSON moved that each department head be asked to provide
a detailed list of items under their control, and where available,
provide the purchase price and this be completed within ninety days.
Seconded by Mrs. Reilly
Roll Call Vote: 4 Ayes Mr. Versace Nay
Mr. Versace then commented on his "Nay" vote --- this was ice'. Johnson's
way of closing the door after the horse was out; he had no objection
to the motion itself, he just didn't like the way Mr. Johnson was
handling the situation.
At the May meeting, the Attorney had been directed to prepare a
Local Law for Indemnifying Town Employees for consideration by the
Town Board at the next meeting.
The following resolution was introduced by COUNCILMAN JOHNSON :
A local law adopted pursuant to the Municipal Home Rule Law
to indemnify and hold harmless employees in certain civil actions.
BE IT ENACTED by the Town Board of the Town of Wappinger as
follows:
1. As used in this local law:
(a) "Agency" shall mean an office, position,
administration, department, division bureau, board, community
board, commission, institution or agency of government, the expenses
of which are paid in whole or in part from the town general funds.
(b) "Town" shall mean the Town of Wappinger.
(c) "Comptroller" shall mean the comptroller of the town.
(d) "Employee" shall mean any person holding a position
by election, appointment or employment in the service of any agency,
whether or not compensated, or a volunteer expressly authorized to
participate in a town sponsored volunteer program, but shall not
include an independent contractor. The term employee shall include
a former employee, his estate or judicially appointed personal
representative.
2. The town shall save harmless and indemnify all officers
and employees of the town from financial loss arising out of any
claim, demand, suit or judgment by reason of alleged negligence
or other act by such officer or employee provided that the town
board finds that such officer or employee at the time damages
were sustained was acting in the discharge of his duties and
within the scope of his employment and that such damages did not
347
result from the willful and wrongful act or gross negligence of
such officer or employee.
3. At the request of the employee and upon compliance by
the employee with the provisions of subdivision four of this
section, the town shall provide for the defense of an employee
of any agency in any civil action or proceeding in any state or
federal court including actions under sections nineteen hundred
eighty-one through nineteen hundred eighty-eight of title forty-
two of the United States Code or Article of the Civil Rights Law
of the State of New York arising out of any alleged act or omission
which the town board finds occurred while the employee was acting
within the scope of his public employment and in the discharge
of his duties and was not in violation of any rule or regulation
of his agency at the time the alleged act or omission occurred.
This duty to provide for a defense shall not arise where such
civil action or proceeding is brought by or on behalf of the town
or state or an agency of either.
4. The town shall indemnify and save harmless its employees
in the amount of any judgment obtained against such employees in
any state or federal court, or in the amount of any settlement
of a claim approved by the town board, provided the town board
finds that the act or omission from which such judgment or settle-
ment arose occurred while the employee was acting within the scope
of his public employment and in the discharge of his duties and
was not in violation.of any rule or regulation of his agency at
the time the alleged damages were sustained; the duty to indemnify
and save harmless prescribed by this subdivision shall not arise
where the injury or damage resulted from intentional wrongdoing
or recklessness on the part of the employee.
5. The duty to defend or indemnify and save harmless
prescribed by this local law shall also be conditioned upon
(a) delivery to the town attorney and town supervisor by the
employee of the original or a copy of any summons, complaint,
process, notice, demand or pleading within five days after he
is served with such document, and (b) the full cooperation of
the employee in the defense of such action or proceeding and in
defense of any action or proceeding against the town based upon
the same act or omission, and in the prosecution of any appeal.
Such delivery shall be deemed a request by the employee that the
town provide for his defense pursuant to this section. In the
,event that the town shall assume an employee's defense and
thereafter the employee fails to or refuses to cooperate in the
formation or presentation of his defense, the court shall permit
the town to withdraw his representation ten days after giving
wirtten notice to the employee of his intention to discontinue
such representation.
6. In the event that the act or omission upon which the court
proceeeding against the employee is based was or is also the basis
of a disciplinary proceeding by the employee's agency against the
employee, representation by the corporation counsel and indemnifi-
cation by the town may be withheld (a) until such disciplinary
proceeding has been resolved and (b) unless the resolution of the
disciplinary proceeding exonerated the employee as to such act or
omission.
7. Every action or proceeding instituted hereunder,
including an action brought to enforce a provision of sections
nineteen hundred eighty-one through nineteen hundred eighty-eight
of title forty-two of the United States code, shall be commenced
pursuant to the provisions of section fifty -i of this chapter
and within one year and ninety days. No action or proceeding
instituted hereunder, other than one instituted pursuant to
sections nineteen hundred eighty-one through nineteen hundred
eighty-eight of title forty-two of the United States code shall
be prosecuted or maintained against the town or any agency or an
employee unless notice of claim shall have been made and served
upon the town in compliance with section fifty -e of the General
Municipal Law and within nenety days after the claim arises.
/s{ 348
8, The provisions of this section shall not be construed
to impair, alter, limit or modify the rights and obligations of
any insurer under any policy of insurance.
9. Theprovisions of this section shall apply to all actions
and proceedings pending upon the effective date thereof or there-
after instituted, except that the provisions of subdivision six
shall apply only to actions and proceedings instituted on or
after the effective date of this section.
10. The provisions of this section shall not be construed
in any way to impair, alter, limit, modify, or abrogate or
restrict any immunity available to or conferred upon any unit,
entity, officer or employee of the town or any agency or any
other level of government, or any right to defense and/or
indemnification provided for any governmental officer or
employee by, in accordance with, or by reason of, any other
provision of state, federal or local law or common law.
11. The benefits of this section shall inure only to
employees of the town and shall not enlarge or diminish the
rights of any other party.
12. This local law shall take effect upon filing with the
Secretary of State.
The following resolution was introduced by COUNCILMAN JOHNSON
who moved its adoption:
WHEREAS, there has been duly presented and introduced at
a meeting of this Town Board on the 9th day of June, 1980, a
proposed Local Law #4 of 1980 to Indemnify and Hold Harmless
Employees in Certain Civil Actions, 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 23rd
day of June, 1980 at 7:00 P.M. EDT, on such day at Town Hall, Mill
Street, in the Village of Wappingers Falls, 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 Reilly
Roll Call Vote: 5 Ayes 0 Nays
A vacancy still existed on the Recreation Commission; at the last
meeting Mr. Versace submitted a resume from William Wood and
requested that it be sent to the Recreation Commission to enable
them to set up an interview with Mr. Wood.
MR. VERSACE moved to appoint William Wood to fill the vacancy on
the Recreation Commission.
Motion Failed for Lack of a Second
/6349
*
corrected
Mtg. of
7/14/80
After the motion was made, Mrs. Reilly noted that the Commission
had interviewed Mr. Wood but they also had other applicants to
interview before making a recommendation and she preferred to
table the appointment until the Chairman notified them of his
recommendation.
Mr. Versace pursued the
existed for over a year
Commission had no names
subject and stated that this vacancy has
and prior to his recommendation, the
or chose not to fill that seat and
the Town Board was not aware that the vacancy existed. He felt
Mr. Wood was well qualified and he also took the time to respond
to the invitation to be interviewed. Another name was recommended
last month and an invitation was also extended for her to attend
the Recreation meeting and be interviewed --this was Mrs. Ann Reis,
but as far as he knew, Mrs. Reis had not responded. He strongly
felt that the Board should act and fill this vacancy.
Mrs. Mills had recommended the name of Mrs. Reis at the last month's
meeting and remarked that there was a death in the family and that
was the reason she had not responded with a resume. However, Mrs.
Mills continued, she did not realize that this was necessary and
felt that ample time should be given to Mrs. Reis to respond.
Four bids were received on the Bel -Aire Lane Storm Sewer Contract
and opened on June 4, 1980 as follows:
Dave Alexander, Inc.
K&A Excavating Cont. Inc.
Wilson Excavators, Inc.
Daniel F. MacNamee & Co.
$145,325.00
175,410.35
183,242.00
199,563.00
The Engineer recommended that the bid be awarded to the low
bidder, Dave Alexander Inc. for $145,325.00.
MR. VERSACE moved that the bid for the Bel -Aire Lane Storm Sewer
Contract be awarded to Dave Alexander Inc. in the amount of
$145, 325.00 and that the Supervisor be authorized to sign the
contract when the necessary bonding papers have been finalized.
Seconded by Mrs. Mills
Motion Unanimously Carried
A contract had been received from Legion Fireworks Co., Inc. for
firework display planned for the Community Day festivities on
September 7, 1980. Mr. Adams had requested three items be
included before signing the contract but the Board could approve
350
it subject to the receipt of the three items; namely, the program
with a breakdown of each individual shell, insurance and a hold
harmless agreement. The itemization of the display was received,
but Mr. Diehl was waiting for the other two items.
MRS. REILLY moved that the Supervisor be authorized to sign the
contract with Legion Fireworks Co., Inc. in the amount of $1,000.00,
subject to receipt of the three items recommended by the Attorney.
Seconded by Mrs. Mills
Motion Unanimously Carried
Under Unfinished Business, Mr. Lapar reported on leak detection
equipment from Heath Consultants, which was requested by the
Board at the last -meeting. Mr. Johnson requested that this be
tabled until the next meeting for further review by the Board.
Mr. Versace requested that the late correspondence received from
Cross Court Tennis Club be read. Mr. Diehl asked that a motion
be made for this action.
MR. VERSACE moved that the letter from Cross Court Tennis Club
dated June 6, 1980 be read.
Seconded by Mrs. Mills
Motion Unanimously Carried
The following letter was received June 9, 1980:
Open Letter to Wappingers Town Board Meeting
Cross Court Tennis Club on New Hackensack Road wishes to
go on record opposing the existence of instructional programs
at the Pye Lane tennis courts for the following reasons:
1. As substantial tax payers in the Town, we find our tax
dollars being used to subsidize an activity which is in direct
competition with a service which we provide. Our instructional
programs are offered indoors and outdoors for players of all
ages and are available to the public --no membership is required
to partake in our lessons. Prices begin at a very reasonable
$5 per hour per player.
2. It is our understanding that recreational facilities which
have been subsidized, to some extent, by outside sources cannot
be used by anyone for personal gain. As such, it would appear
that a tennis pro cannot collect an hourly fee of any kind for
lessons given on the Pye Lane courts.
3. As a local business which is in the process of completing
a major expansion, we feel that a Town program which will be
inferior in cost and quality to our own existing programs places
an unnecessary obstacle to our ability to succeed. In a day
when most towns are experiencing budgetary squeezes, we believe
town priorities should be to offer services and activities which
fl
35::
which are not otherwise offered. Town support of a Pye Lane
instructional program would be a duplication of efforts, needless
competition to Cross Court, and a slap in the face to a local
business of which the Town should be proud.
Thank you for listening to our objection.
s/ Joe Houde, Manager
Ronald A. Netter, Owner
Cross Court Tennis Club
Mr. Diehl asked that this letter be placed on the Agenda for
the next Town Board meeting and a copy be sent to the Recreation
Commission.
Mrs. Schmalz, being recognized by the Chair, informed the Board
that the Cross Court Tennis Club did not object to the free
Tennis Clinics conducted at the Pye Lane tennis courts, but they
did object to a pro getting paid for lessons. The Town pays this
person to give lessons free to the taxpayers and we should not
pay someone to set themselves up in private business --this was
Mrs. Schmalz's viewpoint.
Mrs. Reilly commented that she had attended the Recreation meeting
and the proposal was that this tennis pro offered to give the
lessons at a reasonable cost and turn over of that fee to the
Town. Mrs. Reilly had suggested that this be turned over to the
Attorney for legal opinion, and he has since informed her that
there is no problem with the tennis pro conducting such a program,
and was assured that it would be done during slow times at the
courts, not prime time. Mr. Versace asked if the Commission has
approved of this proposal, and then asked the Attorney if the
Commission had the power to do this, or did it rest with the
Town Board. Mr. Adams answered that the Commission does have this
power, but the Board can supercede their actions.
MR. VERSACE moved that prior to the Recreation Commission
approving any such contracts or proposals, they discuss it with
the Town Board.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mr. Lafko made one more attempt to persuade the Board to accept
his proposal that been presented earlier in the meeting to
expedite the tests for well *5. The Board chose not to act on
the matter.
19
35
MRS. MILLS moved to adjourn the meeting, seconded by Mr.
Johnson and unanimously carried.
The meeting adjourned at 11:50 P.M.
Reg. Mtg. 6/9/80
46,
Elaine H. Snowden
Town Clerk