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Town Board - 2004-01-14

STATE OF NEW YORK
COUNTY OF DUTCHESS Town Board Meeting
TOWN OF LA GRANGE January 14, 2004


Minutes of the Town Board Annual Reorganization Meeting of the Town of LaGrange held on January 14, 2004 at the town hall commencing at 8:00 P.M.

Present: George Wade, Supervisor
Joseph Luna, Councilman
Mellina Weiss, Councilwoman
Gary Beck, Councilman
Jon Wagner, Councilman

Others Present: Ron Blass, Esq. Town Attorney, Van DeWater and Van DeWater
Nancy Clark, P.E. The Chazen Companies (TCC)
Diana Ciampaglione, Environmental Consultants
Joachim Ansorge, Director of Planning & Zoning
Peter Huff, Recreation Director

Recording Secretary: Kathleen Williams, Town Clerk

Supervisor Wade called to order the regular business meeting January 14th at 8:00 P.M. Ms. Williams, Town Clerk led the flag salute.

There were approximately twenty five citizens in attendance along with a reporter from The Poughkeepie Journal and the Voice Ledger.

Councilwoman Weiss offered a motion to approve the minutes as presented for 12/10/03, 12/22/03 and 01/07/04. Councilman Beck objected to the approval of the 01/07/04 minutes stating comments he made pertaining to the appointment of Mike Mayer were not included in the minutes. Corrections to include the fact that Mike Mayer has not been appointed deputy building inspector and not allowed to do building inspections will be inserted. The motion was amended by Councilwoman Weiss to approve the minutes of 12/10/03 and 12/22/03 as presented seconded by Councilman Beck and carried unanimously.

Councilwoman Weiss offered a motion to approve Abstract #1 of 2004 for a total of $372,731.05 seconded by Councilman Luna and carried unanimously.

Councilman Luna offered a motion to approve the following December reports seconded by Councilman Wagner and carried unanimously:
Town Clerk December report - $2,364.70
Town Justice Caplicki December report - $ 12,990.00
Town Justice Spiegel December report - $ 14,141.00
Director of Planning & Zoning December report - $ 6,872.00
Chairman of Planning Board December report - $ 2,917.00
Highway Superintendent December report - $ 200.00

Councilman Beck offered a motion to approve the Annual Reports for 2003 seconded by Councilwoman Weiss and carried unanimously:
¡ñ Receiver of Taxes ¨C Total Receipts $ 29,945,965.73
Total Disbursements 29,945,965.73
¡ñ Town Clerk ¨C Total Receipts $74,906.88
Total Disbursements $74,906.88

Supervisor Wade stated that the Supervisor¡¯s Monthly Report of November 2003 is on file with the Town Clerk.

Councilman Luna offered a motion to appoint Councilman Beck as voting delegate for the Association of Towns seconded by Councilman Wagner and carried unanimously. Councilman Luna noted he was not if favor of the adoption of the proposed resolution with respect to extending the amortization period to thirty years and hoped delegate Beck would vote with this in mind.
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Supervisor Wade noted the receipt of a maintenance bond reduction from Dave Makan for Velie Woods Subdivision. Mr. Wade stated he had discussed the matter with Michael Kelly the Highway Superintendent who is not in favor of the reduction at this time apparently Mr. Kelly is not happy with what has been done with the road and is in need of plans from the developer¡¯s engineer. Supervisor Wade stated perhaps in a couple of weeks the bond reduction request could occur.

A request has been submitted from Daniel Koehler, Engineer from Oswald & Gillespie for the Kinkead Subdivision seeking the Board¡¯s approval for municipal water services through an existing water district near the parcel. The subdivision plans note nine residential lots they are seeking water for. Ms. Clark, P.E. from TCC noted this request is premature. The subdivision proposed is on the corner of Stringham Road and Noxon Road. Supervisor Wade stated the board at this point will accept the request and have Ms. Clark identify engineer fees and contract per lot fees to the developer and help the engineer understand the process. Mr. Wade addressed Daniel Koehler who was present stating he believed the fee per lot is $6,000 or $6,500 per lot for buying into the district. This would be done under a contract however at this point the approved number of lots has not been finalized. Testing costs are alleviated since the municipal water is in the region.

A request has also been received from Rita Beck for the parcel 170 Overlook Road #6261-02-960760 to become a tenant of the Manchester Water District. Supervisor Wade noted the receipt of the request and the extension of Manchester Water District to other parcels also seeking water that were not included when the district was created. Councilman Beck was hoping service to the parcel could happen in July 2004.

Supervisor Wade noted the request submitted by Jerard Hankin attorney representing Windance subdivision seeking a release of the Improvement Maintenance Bond. The bond has been maintained for two years as required. Ms. Clark inquired if there was a need for an inspection by field engineers before the determination was made. Supervisor Wade consented to this suggestion and the request was tabled for the next board meeting dependent upon the field inspection findings.

Supervisor Wade updated the Board on the issue of an abandoned vehicle Vin# 1FTFE24N9LHB07910 which was left in the parking lot at 1096 Rt. 82. Trooper Peter Verdesi has provided the town with an incident report identifying his findings releasing the vehicle to the jurisdiction of the Town per section 1224 of The Vehicle and Traffic Law. The Highway Superintendent has brought the vehicle to the town lot since the owner has left the country. This is a 1994 van; Councilman Beck inquired if it would be put out to bid as surplus. Mr. Wade stated the Highway Superintendent is looking into the possibility of using the vehicle otherwise it would be sold as excess equipment.

Supervisor Wade called upon Justice Spiegel. Justice Spiegel felt the matter should be discussed in private involving a personnel matter. Supervisor Wade informed Justice Spiegel they would adjourn to Executive Session for the matter to be discussed.

Town Attorney Ron Blass, Esq. has provided the town with a resolution this evening which makes the determination the town¡¯s surety bond is sufficient for purposes of filing the undertaking required by Public Officers Law ¡ì11 pertaining to town officials. The fidelity bond covers the officials per $10,000 per individual. Councilman Beck offered a motion to adopt the resolution seconded by Councilwoman Weiss.



RESOLUTION


Supervisor Wade offered the following resolution, which was seconded by Councilman Beck, who moved its adoption:

WHEREAS, under Town Law ¡ì25, the supervisor, town clerk, collector, receiver of taxes and assessments, justice of the peace, constable, town superintendent of highway, are required to execute and file an official undertaking; and


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WHEREAS, under Public Officers Law ¡ì11 (2), the Town may procure a blanket undertaking covering officers, clerks and employees; and

NOW THEREFORE, BE IT RESOLVED, that the Town Board has reviewed the blanket undertaking provided by Selective Insurance Company of America, setting the amount of coverage at $10,000 per employee, and finds it sufficient in form, manner of execution and sufficiency of surety pursuant to Public Officers Law ¡ì11 (2). The amount of the undertaking is approved.

WHEREUPON, the following vote was taken:

Supervisor Wade Aye
Councilman Beck Aye
Councilman Wagner Aye
Councilwoman Weiss Aye
Councilman Luna Aye


Dated: LaGrangeville, New York
January 14, 2004

_______________________________
KATHLEEN WILLIAMS, Town Clerk

The resolution was duly adopted and will be filed with the County Clerk as required.

Supervisor Wade stated the consultants Maxian & Horst Landscaped Architects hired by the Town to do a recreation analysis and created a parks and recreation master plan have submitted that final report to the town. This has been disseminated to each councilmember and has previously been reviewed by the Recreation Advisory Committee. Mr. Wade asked the Board for any comments. Supervisor Wade stated the recommendations are extensive and a strong desire to maintain open spaces and the create trails has been expressed. Supervisor Wade also shared some background information about Mrs. Hazel Skidmore who donated land to Dutchess County B.O.C.E.S. to be kept forever wild and for a period of time B.O.C.E.S ran nature programs on the property. This property is landlocked with a bridge access from the town property of Freedom Park. Mr. Wade has had dialog with B.O.C.E.S. about acquiring the land for the town to use for recreational programs since the property has not been used in approximately twenty years by B.O.C.E.S. Recent dialog that Supervisor Wade has had with Frank Pepe Superintendent of Arlington School District has led him to believe the school district is now interested in running programs again. Linda Heitmann who is the new administrator for Dutchess County B.O.C.E.S. has been made aware of the town¡¯s interest in using this land and Mr. Wade hopes that programming will be reinstated again and the town will be involved. Passive recreation is the goal intended for nature programming as Mrs. Skidmore had envisioned is what Supervisor Wade hopes will be accomplished on this land. Mr. Wade asked if anyone had any comments on the Parks & Recreation Master Plan. Councilman Luna thought the report submitted was fairly good and he found very little in it that he would question. Supervisor Wade stated this is simply an outline of what the town can head toward and the report was shared with the Conservation Advisory Council members for their input. Mr. Wade stated an informational hearing would be held sometime in the future possibly in March to secure comments. There were not too many questionnaires received from the general public during the survey phase according to Mr. Wade so the public input is still being sought. Ron Blass, Town Attorney stated this is a pretty important document identifying the town¡¯s needs and legitimizing the recreation fees collected from developers. Mr. Wade stated the recreation fees have been raised in the past and the master plan will allow the town to raise fees again in the future. The recreation fees paid by developers goes into a Land Purchase & Improvement fund and all of the money being spend to build soccer fields and pay off the debt with Stringham Park comes from these recreation fees not taxpayer¡¯s dollars.

Supervisor Wade stated a salary schedule has been submitted by Peter Huff, Recreation Director for the Board¡¯s consideration. Councilman Beck thought the salary schedule as identified is more than fair. Supervisor Wade stated there are parameters for
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individuals having greater qualifications so they can be compensated at a higher salary. Mr. Wade stated most of the salaries are recouped in fees paid by residents into the Freedom Park Day Camp program, swimming etc. Councilwoman Weiss was in agreement with the salary schedule and Councilman Luna inquired how Mr. Huff arrived at these suggested salaries. Mr. Huff stated experience would warrant certain salaries and it was his belief the citizens and residents are willing to pay a ¡°tad¡± more for these programs to pay for the salaries of staff. Councilman Luna stated he couldn¡¯t argue with that if residents are willing to pay. Councilman Beck offered a motion to adopt the 2004 Parks & Recreation Salary Schedule seconded by Councilwoman Weiss and carried unanimously. The salary schedule for Parks & Recreation is on file with the Town Clerk.

Supervisor Wade stated there are two request submitted by Mike Mayer, Deputy Zoning Administrator seeking approval to prosecute certain violations.

Councilman Luna offered a motion to approve the request for prosecution against parcel # 6360-02-517851 Friendly Service LaGrange seconded by Councilwoman Weiss and carried unanimously. The property owner installed new signs with the proper permits.

Councilman Luna offered a motion to approve the request for prosecution against parcel #6260-02-658517 Red Oaks Mill Farm seconded by Councilwoman Weiss. The board was polled with the following results: Supervisor Wade ¨C Aye, Councilman Luna ¨C Aye, Councilwoman Weiss ¨C Aye, Councilman Beck ¨C Nay and Councilman Wagner ¨C Aye. The owner is operating a business without site plan approve, a Use Permit and a Sign Permit.

Supervisor Wade offered a motion to suspend the regular order of business seconded by Councilman Beck and carried unanimously.

COMMENT: Irv Miller of Manor Hill Drive addressed the Board on issues pertaining to the developer of Manor Hill II Subdivison Makan Exports. Mr. Miller was concerned about the developer having equipment on Manor Hill Drive a bulldozer and a roller which he wants removed. There is also work being done in the field by the developer even though there is a Stop Work Order issued by the Town dated Sept. 18th. Mr. Miller is concerned that High Acres subdivision might be the only entrance and outlet for the proposed subdivision, believes there will be disturbance to the acquifers and stated the subdivision in question was abandoned twenty plus years ago because of the excess water and drainage issues. Mr. Miller is also concerned that the proposed 700 construction starts along with the town center development could generate 2,000- 4,000 students and wants to make certain the town is in communication with the Arlington School District about projected population. Mr. Miller thought the town would be experiencing a 10% increase in population before the two new schools were even brought on line.
RESPONSE: Supervisor Wade thanked Mr. Miller and the efforts of several citizens that are neighbors in that region for keeping the town advised of the events happening with Manor Hills II Subdivision. Supervisor Wade informed Mr. Miller that the equipment parked on the road will be removed this week; Mr. Ansorge will handle the matter.

COMMENT: Angelo Perini of 1 Manor Drive West complimented the Town on the website noting the content is excellent. He also believes the officials he has spoken with are doing a good job. Mr. Perini addressed the board on the same topic stating the proposed road for this subdivision is encroaching on his property. Mr. Perini has explained this to the surveyor for the developer Makan. Mr. Perini stated the earth is clay in this region, drainage will be a problem and the developer will need to bring in 30,000 lb. of soil per lot for fill, Mr. Perinin stated that Mr. Makan had the test holes pumped out before the inspector arrived.
RESPONSE: Supervisor Wade assured Mr. Perini that the project will be done right ¨C the town will make sure of this.
COMMENT: Mr. Perini informed Supervisor Wade there are many retired professionals who would be willing to volunteer their engineering expertise to assist the town on the topic.
COMMENT: Allison Withers President of the Trustees for the LaGrange Association Library addressed the board introducing the following individuals who were in attendance: Nevill Smythe, Bill
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Hubbard, Paul Lenci, Karl Loatman all Trustees and Lisa Karim, Library Director. Ms. Withers expressed her appreciation to the board for past financial support all these years since 1982. Ms. Withers stated the LaGrange Association Library Trustees would like to work productively with the board and be involved in the planning discussions held by the board regarding finding a permanent building in the designated town center region.
RSPONSE: Supervisor Wade replied the library trustees would kept involved during the process.

COMMENT: Ed Lawson a representative for Makan Exports addressed the board about the Improvement Maintenance Bond reduction request for Velie Woods.
RESPONSE: Supervisor Wade stated the town has tabled making a decision on this until the Highway Superintendent and the field engineer from The Chazen Companies has the opportunity to inspect. Mr. Wade thought the matter could be decided upon by the next business meeting in two weeks. Supervisor Wade stated he believed Michael Kelly was requesting plans on the road from the developer and the reduction request will not be considered until all conditions are met.
COMMENT: Mr. Lawson stated his company was just made aware of the requet for ¡°plans¡± on Monday of this week but will provide this data.
RESPONSE: Supervisor Wade asked Ms. Clark to follow-up with Walter Artis to get the engineer recommendations to the board by the next meeting.

There were no other comments from the public.

Councilwoman Weiss offered a motion to return to the regular order of business seconded by Councilman Wagner and carried unanimously.

Councilman Beck asked Mr. Blass, Town Attorney to prepare draft legislation which will amend the road dedication process. Mr. Beck is not in favor of the developers seeking road dedication or reductions in bonds during the winter months. Mr. Blass will prepare the legislation.

Supervisor Wade offered a motion to adjourn to Executive Session seconded by Councilman Beck and carried unanimously at 8:40 P.M.

Councilman Luna offered a motion to return to the regular order of business at 8:50 P.M. seconded by Councilwoman Weiss and carried unanimously.

Supervisor Wade addressed Justice Spiegel when the board reconvened stating the board will consider and work out the logistics of trading town hall space allowing Justice Court to use the larger meeting room to accommodate the volume.

Councilman Beck stated his familiarity with other court systems has brought to his attention the fact that court clerks are not even in the court room when court is being held. The court clerks are in a secure area collecting fees behind a window and the troopers are not trying cases. Mr. Beck stated all persons appearing for court are required to be in the court room not lingering outside.

Justice Speigel stated with current conditions all the people could not fit in the court room. Justice Speigel noted the lobby speaker system has helped to call defendents into the court room and he will consider the offer about swapping rooms since this is the first he heard of the matter.

Councilman Beck and Supervisor Wade thought this change could be implemented within six months if desired.

Justice Speigel wanted to tell the board his opinion is the LaGrange Justice Court is the best in Dutchess County, the court clerks do an excellent job and wants to make sure they are treated fairly. Justice Speigel is concerned about security and the possibility of violence erupting in the court room. Supervisor Wade has suggested making the current break room/meeting room into the Justice Court office. Justice Speigel stated he

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doesn¡¯t like it that the court employees feel they are being shortchanged with respect to salary raises. Councilman Luna inquired what type of part time assistance is needed in hours per week ¨C Court Clerk Jean Scorzelli and Sandy Dillon agreed with 12-14 hours a week since inputting tickets is time consuming but stated their salary is the number one priority. Supervisor Wade stated the board will discuss the clerk salaries, staffing and relocation of the court room at the next workshop session.

Councilman Luna offered a motion to adjourn at 9:00 P.M. seconded by Councilman Beck and carried unanimously.




Kathleen Williams
Town Clerk