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1966-01-06 ReorgThe Reorganizational Meeting of the Town Board, Town of Wappinger, was held on Thursday evening, January 6, 1966, at the Town Hall, Mill Street, Wappingers Falls, New York. Present: Joseph H. Fulton - Supervisor William Bulger - Justice of the Peace Vincent S. Francese - Justice of the Peace Louis Clausen - Councilman Louis Diehl - Councilman Elaine H. Snowden - Town Clerk Absents None Others Present: Joseph D. Quinn - Attorney for the Town Vincent Kelley - Engineer Harold H. Reilly - Attorney for the Town Knud Clausen - Highway Superintendent Joseph Ludewig - Building Inspector The meeting was opened with a Salute to the Flag by Sandford Cohen, Alex Poulsen and Eric Hanson, representing Boy Scout Troop 12. Mr. Fulton then called the meeting to order at 8:15 P.M. Mr. Fulton made the statement that the first half hour of the meeting would be spent in answering questions from the floor and that the remainder of the meeting would be devoted to Town Business. He then asked for discussion from the floor. Mrs. Arkell addressed the Board, requesting that the Town Clerk identify the sender of letters before communications were read so it would make more sense to those present. Mr: Silver addressed the Board, asking how much the ToWn has spent in maintaining the Oakwood Knolls Sewer Plant. Mr. Fulton re -directed the question to the Board. Mr. Kelley stated that the expense Was about $1,000.00 for operation and repairs. Mr. Fulton stated that the Board would move to the table on the Town Hall floor to conduct Town Business, consisting mainly of reorganization. He said that, in the future, Public participation would be on tike basis of the agenda. Mr. Silver addressed the Board, stating that many questions the audience has are a result of actions being taken, and to held questions until the following meeting didn't, in his opinion, seem a good system. Mr. Brannen asked if a motion would be made to make this change in procedure. Don Margoulis stated that, since discussion was to be limited to matters on the agenda, could a copy of the agenda be published so that the public can take action to be heard, Mr. Fulton made the clarification that the agenda will be a 10 -day agenda, refined in 7 days. Mr. Schmalz; "Do you mean that, in order to be heard on the Town Board, 1 1 you must write in advance?" Mr. Fulton replied that residents will be allowed to speak during Town Business if they are on the agenda. Mr. Quinn: "I have been acting in cooperation with Mr. Reilly on some Town matters. It has come to the point where it has been a bit difficult to accomplish the business of the Town and have Board members answer. ques- tions from the floor which are not relevant to the business being discussed. The fact that citizens of the Town have problems that they will want to discuss is recognized by the Board and it will not deny interested citizens an opportunity tQ air their problems or ask questions. After such period, the Board will proceed with the business on the agenda and, from that point on, the pu lis would, under normal circumstances, only be heard with reference to business being discussed. Rules can be suspended at times to hear the public On other matters. This will initially improve the public's opportunity to alr problems." Mr. Brannen1addressed Mr. Quinn: "Aren't you stating something that is a part of Parliadnentary Procedure?" He then quoted a section of Town Law to the effect that no member can act independently, and that it takes the action of all members of the Board to properly function. Mr. Quinn stated he believed action simply required a majority. Mr. Fulton # made the motion that there be a Regular Meeting on January 20 and that previously stated rules of procedure be used for that 3 s meeting on a trial basis. Seconded by Mr. Francese. Upon Roll Call, the Vote was as follows: Joseph Fulton Louis Diehl Louis Clausen William Bulger Vincent Francese Voting - aye Voting - aye Voting - aye Voting - aye Voting - aye Mr. Schmalz directed a question to the Board as to what action has been taken on the developer of Rockingham Farms. Mr. Diehl replied that he had �,z�d he�+�b�es been assured by *_ that action was being taken quickly but that it could not be discussed in Mr. Bulger's presence,as the case comes before him. Mr. Bulger excused himself and left the room, as it appeared discussion on Rockingham was imminent. Mr.- Fulton then read a letter from the Dutchess County Department of Health as follows: January 6, 1966 Mr. Joseph Fulton, Supervisor Town of Wappinger Wappingers Falls, N. Y. Re: Rockingham Farms Subdivision T. Wappinger 3 Dear Mr. Fulton: This letter is in reply to our telephone conference of Wednesday, January 5, 1966 relative to the present conditions existing in Rockingham Farms Subdivision. Please be advised that as of January 6, 1966 there are six families living in homes in this subdivision. These houses are connected to the central sewage collection system which transports the sewage to an existing sewage pumping station. From this station the sewage is pumped to the aeration tanks of the existing sewage treatment plant and there is no discharge at the present time from the treatment plant to the Sprout Creek. Therefore, at the present time, it is the opinion of this de- partment that a public health nuisance does not exist. However, at some future indeterminable date, a public health nuisance condition could develop. This situation could result from complaints of the residents of the immediate area relative to odors emanating from the sewage treatment plant and permeating the surrounding environ- ment, or from the discharge of improperly treated effluent from this sewage treatment plant to the Sprout Creek, or fromthe failure of operation of the pumps in the sewage pumping station which could result in the discharge of raw sewage to the Sprout Creek. None of these conditions exist at the present time. Please be advised that this department will conduct a continual surveillance of this subdivision and will report all our findings and actions to the Town Board of the Town of- Wappinger. Very truly yours, H. W. Storalick, E.E. Dir. of Environ. Sanitation by: s/Jack R. Hill Sr. Public Health Engineer Mr. Fulton stated that he had wanted assurance from the Board of Health that the people in the development were in no danger, healthwise. There is now a criminal action against the developer. Theer is also an action at the State level. Someone from the floor asked if the Town is still issuing Building Permits. The Board replied that it is not. Mr. Brannen asked if the people living in Rockingham have received Certificates of Occupancy. The Board replied that they have not, adding the Town is the plaintiff in the action against the developer. Question from the floor: "Why were the original Permits issued?" Mr. Fulton: "Permits were issued with agreements that the buildings would not be occupied." Mr. Quinn: "To my knowledge, it stands up as a legal agreement." Mr. Clausen asked for a comment from Mr. Ludewig, Building Inspector. Mr. Ludewig: "The Board of Health has issued an Order that all construction stop." Mr. Brannen: "Isn't this a violation of the contractual agreement?" Mr. Quinn: "There has been an application for release under the Penal Code for violation of the Ordinance. Anything else would be time-consuming and less productive than the criminal action." Discussion on Rockingham closed and Mr. Bulger returned. In regard to the agenda, Mr. Fulton then stated that, when the first agenda is published, a clause will be added which will explain the Board's motivation so that people will know what will. go on at these meetings. After further discussion, Mr. Louis Clausen tried to clarify the question for the audience, stating a written request would be received up to 10 days prior to the meeting, agenda then subject to a 7 -day refinement, with publication in the Wappingers and Southern Dutchess News on the day of the meeting. Tom Armstrong: "Would a call to the Town Clerk suffice?" The Board said this would be acceptable. Mr. Quinn: "It is the thought of the Board to control the meetings so that an orderly meeting can take place and still give the residents a chance to be heard. The Board is trying to get some orderliness, with some flexibility." Acceptance of the minutes of previous meetings was held over until the Regular Meeting on January 20. The Board then removed to the table on the floor to conduct Town business. Supervisor Fulton appointed Vincent S. Francese, Justice of the Peace, as Deputy Supervisor for the year 1966. Mr. Clausen questioned the validity of this, asking if a precedent hasn't been set whereby a Justice of the Peace 111 cannot be appointed Deputy Supervisor due to duties of same. Mr. Bulger: "Not to my knowledge." Motion Carried Unanimously Mr. Diehl proposed the following resolution: RESOLVED, effective immediately, the policy of the Town Board, on all new appointments made by the Town Board, should be that appointees' names and qualifications be made known 15 days in advance to all Board members so that all prospects can be screened and the best accepted. Mr. Clausen seconded the motion. Discussion followed. Some members felt that this would inhibit the right of the exercise of discretion of the Board. Upon Roll Call, the Vote was as follows: Joseph Fulton William Bulger Vincent Francese Louis Clausen Louis Diehl Voting: nay Voting: nay Voting: nay Voting: aye Voting: aye Motion Defeated Mr. Fulton called for further discussion on this subject at a later time. The following resolution was made by Mr. Bulger, seconded by Mr. Francese: RESOLVED, that the position of Confidential Secretary to the Supervisor of this Town be and the same hereby is established. Motion Carried Unanimously The following resolution was proposed by Mr. Bulger, seconded by Mr. Francese: RESOLVED, that the following named persons be and they hereby are appointed to the following offices and positions of employment with the Town of Wappinger to serve until the end of the current official year unless their services shall be sooner N Amelia Crosby Robert L'Archevesque Joseph Ludewi g Joseph Ludewig Kenneth Croshier terminated at the pleasure of the Town Board: Office Supervisor's Bookkeeper Supervisor's Confidential Secretary Building Inspector Zoning Administrator Deputy Town Superintendent of Highways Collector of Taxes Dog Warden Registrar of Vital Statistics Director of Recreation Deputy Building Inspector that the salaries otherwise fixed for the above Elaine Snowden Harry Straley Elaine Snowden John Masotti Joseph Gutman AND IT IS FURTHER RESOLVED, designated offices and positions shall be paid to the holders of the above- named offices and positions, with the exception that no compensation shall be paid to the holder of the office of Deputy Town Superintendent of Highways and Collector of Taxes, and with the further exception that the Chairman of the Board of Assessors shall receive additional compensation of $100.00 per year payable in equal monthly installments, and with the further excep- tion that no salary or compensation shalt be paid to the Dog Warden and Registrar of Vital Statistics who shall, however, be entitled to receive for the performance of their respective duties the fees fixed by applicable statute. Motion Carried Unanimously The following resolution was proposed by Mr. Bulger, seconded by Mr. Clausen: RESOLVED, that the following named persons be and they hereby are appointed to serve as Constables in and for the Town of Wappinger, Dutchess County, New York, at the pleasure of the Town Board: Dwight Robbins Elting Scott Robert Laffin William Clarkson Walter Altonen Ralph Sheehan Albert Berberich Richard Price Ralph Altonen William McGaughrin AND IT IS FURTHER RESOLVED, that the aforesaid persons so designated as Con- stables shall be paid no salary by the Town Board but shall be entitled to collect the statutory fees allowed by law. Motion Carried Unanimously The following resolution was proposed by Mr. Bulger, seconded by Mr. Clausen: RESOLVED, that Vincent C. Kelley, Pye Lane, Wappingers Falls, New Yokk, be and he hereby is employed and retained for the purpose of furnishing to the Town Board, its officers and agencies, such engineering advice and services as may be required and he shall receive compensation therefore in accordance with':a proposal submitted to this Board. Motion Carried Unanimously The following resolution was proposed by Mr. Bulger, seconded by Mr. Diehl: RESOLVED, that the law firm of Quinn & Reilly, 44 Cannon Street, Poughkeepsie, New York be and the same hereby is employed and retained for the purpose of furnishing to the Town Board, its officers and agencies such legal advice, counsel and services as may be required and shall receive compensa- tion therefore in accordance with a proposal submitted to this Board. Motion Carried Unanimously The following resolution was proposed by Mr. Bulger, seconded by Mr. Francese: RESOLVED, that Martin Leskow be and he hereby is appointed to fill the vacancy of the Office of Assessor which has occurred by reason of the resignation of Joseph H. Fulton, and it is further RESOLVED, that the said Martin Leskow is hereby appointed to fill such vacancy until the end of the current official year, at a salary of $1,900.00 per annum, payable in equal monthly installments. Motion Carried Unanimously The following resolution was proposed by Mr. Bulger, seconded by Mr. Diehl: RESOLVED, that the pay scale for the following categories of employees hired by the Town of Wappinger Highway Department be and the same hereby is fixed and established at the following maximum hourly rates: Chauffeur $2.25 per hour Operator $2.47 per hour Laborer $2.15 per hour Foreman $2.80 per hour Motion Carried Unanimously The following resolution was proposed by Mr. Bulger, seconded by Mr. Francese: RESOLVED, that the Marine Midland National Bank of Southeastern New York, the Dutchess Bank and Trust Company, and the Farmers-Matteawan National Bank, each being a banking institution maintaining banking rooms and offices in the Town of Wappinger, Dutchess -County, New York, be and they each hereby are severally designated as depositories of the monies of this Town, and it is further RESOLVED, that the Town Clerk be and she hereby is directed to give notice of such designation to each of said banking institutions. Motion Carried Unanimously The following resolution was proposed by Mr. Bulger, seconded by Mr. Clausen: RESOLVED, that the annual salaries for the following named Town officers and employees be and the same hereby are fixed and established at the following rates: Supervisor $3,500.00 Superintendent of Highways $7,000.00 1 Justice of the Peace $2,400.00 1 Justice of the Peace $2,000.00 1 Town Councilman $ 900.00 1 Town Councilman $ 900.00 Town Clerk $5,200.00 Deputy Town Clerk S3,100.00 Supervisor's Bookkeeper $2,600.00 Supervisor's Confidential Secretary $ 600.00 Building Inspector $3,500.00 Zoning Administrator $3,000.00 Director of Recreation $1,500.00 Deputy Building Inspector $2,200.00 AND IT IS FURTHER RESOLVED, that the salaries of all of the above-named ,officers and employees, except those of the Town Clerk, Deputy Town Clerk, and Supervisor's Bookkeeper shall be paid in equal monthly installments, and that the salaries of the Town Clerk, Deputy Town Clerk and Supervisor's Bookkeeper shall be paid in equal bi-monthly installments. Motion Carried Unanimously The following resolution was proposed by Mr. Francese, seconded by Mr. Bulger: RESOLVED, that monthly meetings of the Town Board of the Town of Wappinger shall be held at 8:00 o'clock in the evening of the first Thursday after the first Tuesday of each and every month at the Town Hall, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York, or such other place or places as the Town Board may from time to time designate. Motion Carried Unanimously The following resolution was proposed by Mr. Clausen, seconded by Mr. Bulger: RESOLVED, that the Beasley Agency, Inc., a general insurance agency doing business in the Town of Wappinger, Dutchess County, New York, be and it hereby is designated as the insurance agent for this Town. Motion Carried Unanimously .A motion was made by Mr.. Clausen, seconded by Mr. Francese, that the Town allow $.10 per mile for Town mileage. Motion Carried Unanimously The following resolution was proposed by Mr. Diehl, seconded by Mr. Clausen: RESOLVED, that the persons holding the following offices and positions of employment in the Town of Wappinger be and they hereby are required to furnish official undertakings, conditioned for the faithful perform- ance of their duties in the sums set forth after the respective offices and positions set forth below: Town Clerk $ 4,000,00 Tax Collector $500,000,00 Supervisor $ 22,000.00 Justices of the Peace $ 4,000.00 Constables $ 1,000.00 Town Superintendent of Highways $ 4,000.00 AND IT IS FURTHER RESOLVED, that the form and sufficiency of surety of such undertakings shall meet with the approval of the Town Board of this Town and shall comply with the provisions of the Town Law of the State of New York in general and with Section 25 thereof in particular, and it is further RESOLVED, that such undertakings shall be filed in the office of the Clerk of the County of Dutchess pursuant to the provisions of the Public Officers Law and other related statutes of the State of New York, and it is further RESOLVED, that a blanket undertaking in the amount of S5,000.00 be procured from a corporate surety licensed to do business in the State of New York indemnifying the Town of Wappinger against tosses arising from the failure of all other Town employees to perform their duties or to account properly for all monies for property received by virtue of their positions or employ- ment, that such blanket bond be endorsed to provide excess indemnity for the Deputy Supervisor $17,000.00 Supervisor's Bookkeeper $ 5,000.00 Deputy Tax Collector $20,000.00 Motion Carried Unanimously The following resolution was proposed by Mr. Diehl, seconded by Mr. Bulger: RESOLVED, that a petty cash fund not to exceed the sum of $200.00 be and the same hereby is established for the Collector of Taxes, and it is further RESOLVED, that the Supervisor of this Town advance an amount not to exceed $200.00 to the Collector of Taxes to fund such petty cash account, and it is further RESOLVED, that payments from said petty cash account be made and that the Supervisor of this Town be reimbursed for advances made to such account in accordance with the provisions of Section 64, Subdivision la of the Town Law of the State of New York. Motion Carried Unanimously The following resolution was proposed by Mr. Bulger, seconded by Mr. Diehl: RESOLVED, that George Carr, a Public Accountant of:the Town of Poughkeepsie, Dutchess County, New York, be and he hereby is retained to audit the accounts and reports of the Town Supervisor for the year 1965, and it is further RESOLVED, that the said accountant receive reasonable compensation for the productive services which he shall render to the Town in this connection. Motion Carried Unanimously The following resolution was proposed by Mr. Bulger, seconded by Mr. Dpi eh l : RESOLVED, that Messrs. Cornell and Teitelbaum, Certified Public Accountants of the City of Poughkeepsie, Dutchess County, New York, be and they hereby are retained to audit the reports of the Town Clerk for the years 1964, 1965, and it is further 10 4 RESOLVED, that the said accountants receive reasonable compensation for the productive services which they shall render to the Town in this connection. Motion Carried Unanimously The following resolution was proposed by Mr. Bulger, seconded by Mr. Clausen: RESOLVED, that the W. & S. D. News, a newspaper regularly published in the Town of Wappinger, Dutchess County, New York, and having a general circu- lation in this Town, and being a newspaper entered as second class mail matter, be and the same hereby is designated as the official paper of this Town, and it is further RESOLVED, that the Town Clerk be and she hereby is directed to give notice of such designation to the publisher of such newspaper, and it is further RESOLVED, that notices, advertisements, and other legal classified material may also be published in the Poughkeepsie Journal and in the Beacon Evenfmg News by this Town. Motion Carried Unanimously The following resolution was proposed by Mr. Bulger, seconded by Mr. Francese: RESOLVED, that the annual salaries for the following classified Civil Service positions in the Town be and the same hereby are fixed and established at the following annual rate: Secretary to the Assessors $3,500.00 Secretary to the Building Inspector $3,600.00 AND IT IS FURTHER RESOLVED, that such salaries shall be paid in equal bi- monthly installments. Motion Carried Unanimously The following resolution was proposed by Mr. Clausen, seconded by Mr. Francese: RESOLVED, that the pay scale for all extra part-time clerical and secretarial employees engaged to perform services for the Town Board of this Town and/or its officers, officials, established at a maximum Upon recommendation Clausen, seconded by Mr. Town Clerk. Upon recommendation Francese, seconded by Mr. and agencies be and the same hereby is fixed and hourly rate of $2.00 per hour. Motion Carried Unanimously of the Town Clerk, a motion was made by Mr. Diehl, to appoint Agnes Grosenbeck as Deputy Motion Carried Unanimously of the Town Clerk, a motion was made by Mr. Diehl, to appoint Louis Berinato as Deputy Town Clerk for issuing Conservation licenses only for the year 1966. Motion Carried Unanimously A motion. was )rade by Mr. Diehl, seconded by Mr. Bulger, that Mr. Knud Clausen be authorized to advertise for bids for a Sander for the Town of Wappinger Highway Department. Upon Roll Cali, the .Vote was as follows: Joseph Fulton William Bulger Vincent Francese Louis Clausen Louis Diehl Voting: Voting: Voting: Voting: Voting: aye aye aye aye aye A motion was made by Mr.. Bulger, seconded by Mr. Clausen, that the High- way Superintendent be authorized, subject to the approval of Counsel, to enter into a contract with a responsible radio firm for the rental of a two-way communication system for the Upon Roll Call, the Vote was Joseph Fulton William Bulger Vincent Francese Louis Clausen Louis Diehl Town Highway Department. as; f o i l ows : Voting: aye Voting: aye Voting: aye Voting: aye Voting: aye A motion was made by Mr. Diehl, seconded by Mr. Bulger, that the High- way Superintendent be empowered to clean up the Town Shed, in the most sensible way, using his best judgment. Upon Roll Call, the Vote was as follows: Joseph Fulton William Bulger Vincent Francese Louis Clausen Louis Diehl Voting: Voting: Voting: Voting: Voting: aye aye aye aye aye A motion was made by Mr.Diehl, seconded by Mr. Clausen, that the Town Board contact the Sheriff's Office in regard to posting a NO TRESPASSING sign and securing the old Town Garage. Upon Roll Call, the Vote was as follows: Joseph Fulton William Bulger Vincent Francese Louis Clausen Louis Diehl Voting: aye Voting: aye Voting: aye Voting: aye Voting: aye Action on appropriation of funds for our portion of the Land Fill Committee was deferred until the next meeting. A motion was made by Mr. Bulger, seconded by Mr. Clausen member of this Committee. Upon Roll Call, the Vote was as Joseph Fulton Louis Clausen Louis Diehl Vincent Francese William Bulger , that Mr. Joseph Fulton be follows: Voting: Voting: Voting: Voting: Voting: abstain aye aye aye aye appointed a Mr. Fulton called for discussion on the formation of a committee to formulate policy for the use of the Town Hall since it is becoming increasingly difficult for Town Government and Justices to use the Hall. Mr. Bulger: "This is a matter for the entire Board to act on, rather than a committee, because it effects all townspeople." Action was deferred until this matter can come before an Executive session of the Board. Mr. Fulton raised the question of dissolving the Committee on Com- merce and Industry. Mr. Bulger stated he thought the Committee could best be handled by having citizens serve on it. The Town Board could give them advice, aid and help when they need it. Mr. Francese said a member of the Wappinger Chamber of Commerce suggested having different ectCivic Associations ane a person to serve. Mr. Quinn further stated that, in the future, the Board should consider a committee composed all or partly of non -Board members as an Advisory Committee. consisting of Messrs. Bulger and Francese Mr. Diehl made a motion that the Committee/for Remodeling the Town Clerk's Office furnish a report for discussion at the next meeting. Seconded by Mr. Clausen. Motion Carried Unanimously Mr. Diehl raised the question of formulating a suggestion or letter to the Village Trustees informing them of our interest in some type of police protection so that it can come before their Board at their next meeting. Mr. Quinn stated that one problem in the way, if this is to be a joint venture between the Village and the Town is that, for a second- class town, there can be no joint venture in a village that is not wholly within its Town. There is nothing to prevent this Town from contacting either the State Police or thinking of its own police department. Mr. Quinn also raised the possibility for joint venture between the Towns of Wappinger and Poughkeepsie and the Village. A motion was made by Mr. Clausen, seconded by Mr. Francese, that Mr. Diehl pursue the police protection problem and report back to the Board. Motion Carried Unanimously Prior to the resolution appointing Mr. Leskow as Assessor, a motion was made by Mr. Clausen, seconded by Mr. Diehl, that Mr. Melvin Silver be considered for the vacancy in the Assessors' office. Upon roll call, the vote was as follows; Joseph Fulton William Bulger Vincent Francese Louis Clausen Louis Diehl Voting: nay Voting: nay Voting: nay Voting: aye Voting: aye Motion Defeated A motion was made by Mr. Bulger, seconded by Mr. Francese, that Mr. Verner Christensen be reappointed Chairman of the Board of Assessors. Motion Carried Unanimously Mr. Vandewinckel stated that the Planning Board had submitted a letter with recommendations to fill the two vacancies and respectfully submitted that the Planning Board had a scheduled meeting before the next Town Board meeting which would possibly leave the Planning Board at a disadvantage, and would appreciate the Board's acting on it. When asked if there were any Public Hearings or actions to be taken,pending at their next meeting, Mr. Vandewinckel indicated there were none. A motion was made by Mr. Diehl, seconded by Mr. Clausen, that action on filling Planning Board vacancies be postponed until the next meeting. Motion Carried Unanimously Mr. Francese made the motion, seconded by Mr. Diehl, that the meeting be adjourned until January 20, 1966 at 8:00 P.M. Motion Carried Unanimously Meeting adjourned 11:15 P.M. Signed: Town Clerk