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Town Of Pawling Public Hearing and Town Board Meeting - March 1st , 2006

The first issue of business was a public hearing concerning Local Law #1 which addresses the Town Attorney Residency Requirement.

Supervisor Coursen described the purpose of the law as ‘casting a wider net’ for a candidate search.  She said the law does not exclude members from township from consideration.  Gayle Zelanzny, wife of local attorney Bob Marvin, read her husband’s letter of complaint to the board and the newspapers.  She proclaimed the proposed law unnecessary and insisted it not be adopted.  Many claimed the law was aimed at appointing one person (Lewis Stadler).  Ms. Zelanzny claimed political reasons for hiring this specific person.
Mayor Liffland concurred with Mr. Marvin’s letter recommending the attorney be hired only from the town.  Dr. Rugo was in favor of the law.  Allan Rundall asked if the entire board interviewed all prospective local candidates.  The answer came back that not every board member met with all the candidates.  Mr. Rundall felt the passing of a law to benefit one man was wrong.  Earl Slocum was opposed, thinking the law is an insult to local attorneys.  Larry O’Neill felt it important to keep hiring from within wherever possible.  Helen Grosso was in favor of the law, feeling the need to find the ‘best person possible’.  Bob Murphy felt local law #1 may be illegal.  Supervisor Coursen claimed a possible threat of litigation, and because of that she researched with the association of towns, and got an opinion from them that the law would be upheld in court.  Mr. J.D. Benson said that local law #1 just expands opportunities.    Dave Jorgensen felt we were writing a job description so only one person can get the job.  Supervisor Coursen admitted the board wants Mr. Stadler.  Allan Rundall asked if Supervisor Coursen would advertise for the position; Ms. Coursen said no.  Bob Murphy asked for an explanation of the difference between ‘town attorney’ and ‘attorney for the town’.  It was explained that a ‘town attorney’ is a paid township position, including full salary and fringe benefits.  An ‘attorney for the town’ is an independent contractor.  Lewis Stadler can’t be the latter due to the difference between his compensation needs and budget constraints.  Supervisor Coursen mentioned that members of Daniels and Porco cannot serve as they serve on the town’s bank.  Henry Walters asked if the position was a public servant’s position?  If yes, then a civil service position requires looking anywhere in the state.  Glen Carey asked if the law made the pool bigger, why not post for this position in order to ‘get the best’? 

After public comment Bill Johnson was no longer prepared to read the resolution, and asked for a change in it to deal with the ‘practicing’ issue.  A motion was approved to extend the public hearing.

During the Town Board Meeting:

On the need for a new computer network for the town, JoAnne Daley, planning board secretary, introduced Jim & Kevin Jeffries of Northeast Computer Services.  They gave a talk and a slide show explaining their proposal for a server installation, and answered some technical questions from citizens. A number of technically bent citizens have offered to help review this proposal, and any other proposals the township may receive.  Ms. Daley will create a temporary committee to review the needs, and recommend an appropriate proposal.

David Spagnolo of the Infrastructure Task Force presented a draft financing analysis of the garbage transfer station.  In 2005, there was a two hundred thousand dollar deficit.  This year, sticker fees were doubled, and the 2006 deficit is expected to be reduced to ninety five thousand dollars, the remainder to be paid from the general fund.  Spagnolo reports we beat the national and regional average cost of $300/yr/household.  Pawling’s annual expense/household is about $230.  Mr. Spagnolo discussed other methods of financing: a municipal sharing proposal.  Allan Rundall recommended the establishment of a town garbage district – similar to that done in the village so that only users of the system pay.  Village Mayor Liffland remarked the village is charged by unit: 900 units@$200/unit for $180,000/yr.  A town district would be 3500 units, that rate would be over $700,000.  He also recommended a garbage district.  Supervisor Coursen reiterated that the ultimate goal is to make the charges as fair to all as is possible.  Dr. Rugo said, the station needs much repair, what’s the cost of bringing it up to spec?  Tracy Durkin commended David Spagnolo on a difficult job well done and also recommended a district, saying the putting in a district will stabilize the budget.  Niki Colvin noticed more garbage at roadside due to illegal tenants.  Others mentioned the need to curb transfer station use abuses.

Town board minutes of February 1st and 7th, 2006 were unanimously approved.

There was a discussion about the replacement of water meters for town properties.  Dave Whorf of the town will work with Allan Rundall of Pawling Water District #1 on a solution.

Next, a discussion on a request for naming rights for the current Dodge Road Little League Field – Discussions continue between the Little League and Hannaford’s for the grocery’s name to be affixed to the field.  Hannaford’s is requesting a 4x8 foot sign at the entrance to the field, in exchange for a donation.  The fine points have yet to be worked out, including the size of the donation, and any restrictions on the use of that donation.  Hannaford’s was commended for its commitment to the community.

Also, there was a discussion of Holmes-Whaley Lake Civic Association Building Improvements.  An elevator is required to make the HWLCA Building wheelchair accessible.  Ms. Coursen noted many other town structures are in need of emergency repairs: most desperate is the plight of the Inn at Lakeside Park, where emergency action is needed to save the building.  The need for the elevator at HWLCA is noted, but must be prioritized.

Lastly, there was a discussion of the King’s Highway Request for Letter of Credit.
Ms. Coursen would like to sit with Stadler and Gaynor to do fact finding, and correct the situation.  She asked the board to review the documentation and make recommendations before proceeding.

The New York State DMV LENS Program is a free program of driver’s license event notification service for the use of public agencies.  A motion was approved for the townships participation in this program.

On the Board Vacancy, Mr. Montemarano nominated Gayle Zelanzny to fill the vacancy on the town board for the remainder of the term.  The nomination was not approved.  Mr. Montemarano and Mr. Benson voted in the affirmative, Ms. Coursen in the negative, and Mr. Johnson abstained.  There was no further discussion of the vacancy.

The Rapport & Meyers billing – RE:  Quaker Hills, LLC  issue was tabled until the next meeting.

The Lakeside Park Master Plan discussion was tabled due to the temporary indisposal of Mr. Benson.

The skate park bid received last fall has expired.  The project will have to be put out for a new bid.  A motion to do so was approved.  When the equipment arrives, a team of volunteers should be recruited for final assembly.

During the public comment period, there was a mention of the wish to create a Pawling Arts Council Committee.  Supervisor Coursen is hoping to form a task force on saving the Inn.  Lastly, Helen Grosso appreciated the numbers provided on the transfer station operations.

The next Town Board Meetings:
Tuesday, March 7th – 7:30pm – Town Hall
Wednesday, April 5th – 7:30pm – Town Hall

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Town Of Pawling Board Meeting - February 7 2006

Approval of the minutes for January 11th, 18th, and 25th, 2006 was temporarily delayed. Since the board vacancy has not been filled and is still unfinished business, Mr. Montemarano proposed it be added to every agenda until the vacancy has been filled.  Once that motion passed all minutes were approved.

Adam and Danny Miller were represented concerning the recreation fees for Town Employees & the Fire Department.
174 Quaker Hill Road was purchased in October, 2004 in order to subdivide the property and split it between two family members.  The subdivision would enable separate mortgages.  Plans have been already approved by the planning board.  Property is 21.5 acres into two unequal pieces; the smaller size is 7 acres.

Upon subdivision, a mandatory contribution must be made in the amount of $3000/lot unless a local law is created. Town government has wanted to create affordable space for public employees and firemen.  This would provide an opportunity to do so.  Supervisor Coursen made a motion to draft legislation to accommodate the Miller’s request.  The code would prevent developer abuse, and could mandate minimum residency to prevent further abuse.  Mr. Montemarano feels the request should be reviewed, but asked if a law was necessary.   Mr. Benson also felt a legal draft was premature.  The board will research the issue and report on March 1.

Regarding the request for authorization of the Pawling Central School District to use the town’s voting machines it was pointed out three voting machines were needed for the election on May 15th.  The voting machines now belong to Dutchess County due to HAVA, the ‘help Americans vote act’.  Mr. Johnson said the town has always let the district use the machines, but the question remained, can the town lend out county property?  David Gamache of the Dutchess Board of Elections will be contacted to find out.

Authorization was given for the Special Counsel to attend Association of Towns in NYC.

February billing of Pawling Water District #1 in the amount of $2,390.66 was approved.

Authorization was given for the Town Supervisor to sign the Poughkeepsie Dutchess Empire Zone Agreement.  While it’s a renewal, the New York State legislature enacted changes in 2005 wherein the boundaries were reconfigured.  The fee was raised from $5,000 to $18,433 because only 7 municipalities are now participating.  In the past Costagna Realty reimbursed this fee, and will continue to do so.

The setting of meal reimbursement rates for employees and officials who travel on official town business was discussed.  It seems Patterson reimburses up to $120/day.  Mr. Johnson mentioned many towns have no written policy.  It was decided to trust the town employees and officials to act responsibly.

The posting of Public Notice of Local Law #1 was authorized.
Since the appointment of a Special Counsel who is not a resident of the town of Pawling is prohibited, a local law is required to permit the hiring of Mr. Stadler.  A public hearing pertaining to the resident requirement for the town attorney will be held.  The new law will permit the hiring of counsel who lives in Dutchess or adjoining counties within New York State.  This law would directly affect the ability to hire Lou Stadler, who is recommended due to his experience with Town of Kent municipal law.

The code enforcement officer Kathy Monez reported on issues with Quaker Hills, LLC.
The wind turbine is considered farm equipment.  As to zoning, there is a disagreement as to the height requirement.  They have been working on three workmen’s cottages and an equipment shed without asking for permits and paying fees.  Supervisor Coursen asked Terrell Muller, will if they will be assessed.  Ms. Muller said all improvements will be assessed.  Mr. Johnson asked for a review of the fine structure for gross violation of building codes.

Designated Emergency Interim Successors for 2006 were proposed by Supervisor Coursen.  Mr. Johnson, Tyler Maile, and Mr. Montemarano were appointed.

The refund of the escrow balance of Agriventures Retail, Inc. was authorized because the property was sold, and the buyer (Pfister) has posted another $50,000 bond on the property.

On the town computer system needs JoAnne Dailey meeting with consultants. Supervisor Coursen said the $2,000 for software, and another $5,000 for computers and networking, wasn’t built into the Justice’s budget.  Three departments have already purchased software against this project.  Supervisor Coursen spoke to Bob Reilly and he doesn’t think a server is necessary.    Work continues.

The issue of reimbursement of expenses to a homeowner of Pawling Water District #2 was resolved.  Mr. Johnson feels it’s a homeowner expense.  The homeowner’s screen clogged when the water main broke.  One resident mentioned he has to back flush his screens periodically, using a lot of water.  A motion was adopted indicating that it’s a homeowner expense and will not be reimbursed.

The Vacancy on the Town Board was revisited in executive session.

Melissa Smith, Recreation Director, reported on the use of recreation facilities and projects.  The McElroy Foundation is making plans for their volleyball tournament and walk-a-thon.  These events would be held Saturday, May 20th.  Supervisor Coursen asked about our insurance coverage, crowd control, and admissions charge for this event.  Insurance clearance would come from the Salerno Agency.  And what about a fireworks display?

Supervisor Coursen noted that Fire Department representative Vinny Galvin has asked if this years Fire Department carnival could be held at Lakeside Park.  The initial impressions of the board were favorable.   Melissa Smith said she’d love it.  Supervisor Coursen liked it too, but mentioned town risks.  The discussion will continue.

The Triathlon plans are going well.

Teens in business – 3 jobs have been found for teens at Thunder Ridge, one at Dill’s Best.  Zarecki and Parrino’s will talk with teens interested in becoming interns.

The Easter Egg Hunt has been planned.

Two indoor soccer and volleyball leagues have been formed – games are played at the Middle School.

During the public comment period Terrell Muller said she’d submitted a request form for Republican Party committee meetings at Town Hall.

Bob Marvin asked about the need for the proposed local law, experience important, but he felt he should have been considered for the position, which would not have required legislation, as he lives within the town.

Dr. Frank Rugo from the Highlands asked a Quaker Hill LLC question – can we recoup lost taxes unpaid on his improvements?  Terrell Muller said that she’s on the case.  - - Also, Dr. Rugo asked about knocking down the 2 buildings at Lakeside Park.

Supervisor Coursen lauds the Salerno Agency, even though they’re from Long Island. They have done insurance audits at no cost to the town, and found 12 areas where the town was uncovered or under covered.

Can Pawling Community Day be revived?  Lakeside is not ready, how about Murrow Park? Supervisor Coursen asked about musical performers and also asked Melissa about a feasibility study.

Irmgard Seidler made a number of comments:  The Town Board should look at the creation of a park board to assist the recreation department. - - She also asked if the town board posts positions to be offered locally.  Supervisor Coursen noted civil service positions that are non-competitive are posted in the town website, newspapers, and town buildings.   Competitive positions are based on the results of Civil Service examinations for the positions. - - Ms. Seidler also felt Cottage Row can be restored innovatively and at very little cost. Community members have ideas for cottage use they wish to present to the Board.  

 

Mr. Johnson – spoke to Al Thompson re: Donaldson Bldg. we will buy air conditioner covers and caulk.

Mr. Montemarano tackled the abandoned vehicles in the park.  It turns out they’re owned by the YMCA, and are in the process of being removed.

On March 1 the Methodist church will hold their fish dinner.

Town Board Meetings:
Wednesday, March 1st – 7:30pm – Town Hall
Tuesday, March 7th – 7:30pm – Town Hall

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Town Of Pawling Board Meeting February 1, 2006

Pawling Stakeholders
Deputy Sheriff T.J. Hanlon gave a presentation to explain the purposes of the group.
The Pawling Stakeholders is an ad hoc committee of public and private community leaders. – A Group for emergency planning from a wide body of public and civic interests whose purpose is to design and implement a catastrophic emergency contingency plan.  While day to day emergency management is under the auspices of the police and fire departments, a serious disaster requires much more.  In that event an Incident Command System would coordinate.  An Incident Commander controls fire, police, EMS, Red Cross, the Dept. of Health, and volunteer management, among others. It would also control media relations. (bad things happening tend to make for good press.)   The Federal government is expected to mandate use of ICS at the peril of cutting funding to municipalities not in compliance.

The Four Phases of Emergency Management:

  • Mitigation  - Recognize and correct hazards before disaster
  • Preparedness  - emergency planning – training and drills – communications exercises.
  • Response  - Implementing the plans in the event of a disaster
  • Recovery - Damage assessments, restoration of systems, long term medical care

 

Deputy Hanlon described a hypothetical incident in a local school, and how a crisis might be handled.

The Pawling Emergency Management System (PEMS) will coordinate with Dutchess and NYS governmental agencies. Local and state agency representatives are already participating. 

Some of the participants in Pawling Stakeholders are:
Rob Hamilton – Pawling School Dist.
Chief Bill Reilly and Deputy Chief Bob Brill 
Jeff Noonan - county disaster preparedness - Red Cross
Susan Thompson - Pawling Corp.
Ed Hauser and Ron Gallagher – Trinity Pawling School
Wendy MacKenzieMizzentop Day School
Beth Coursen, Bob Liffland, Tyler Maile, and Tracy Durkin of the Town and Village of Pawling

FEMA will not cover set-up costs.

A Joint resolution for recognition of the Pawling Stakeholders, already approved by the Village, was adopted and signed by Supervisor Coursen and Mayor Liffland.


An Infrastructure Task Force was created to review the serious state of disrepair of major town structures.  Co-Chaired by Chairperson Coursen and Highway Superintendent Tyler Maile, their mission will entail the assessment of all roads, bridges, other property; the analysis of equipment replacement, road repair, and transfer station improvements. A ranking criteria will be set by the task force, and a schedule for upgrades will be prepared.  Paid consultants may be employed subject to town board approval.  The Village Highway Department will lend its assistance.

During the discussion, Mr. Johnson asked to explore the reason why we got into this fix – and plan so this doesn’t happen again.

It was agreed to retain the services of a Special Counsel.  Lewis Stadler will provide services @$145/hr.  The town wishes to appoint him as a permanent town attorney, and enabling legislation will be drafted.

A motion to refund an Escrow balance was tabled to next week.

Town Justice David Daniels is requesting $1,900 for software and networking needs.  The Judge’s bench should be linked to the Court Clerk. A second server was recommended for Code enforcement, and planning and zoning.  Bob Reilly has done IT work for the town in the past, it was suggested he be consulted.  The request was tabled until next week.

A homeowner in Pawling Water District #2 is seeking $250 from the district for damages incurred in conjunction with a water main break.  Mr. Montemarano suggested that since the water district has not been consulted in this matter, the district should be contacted before this issue is resolved.  The issue was tabled to next week.
During the discussion, it was mentioned that the PWD#2 tanks are in good shape, but the district is currently operating at a deficit.

No motions were made to fill the vacant Town Board Member position.

Appointment of Town Board Liaisons
Bill Johnson to Golf commission 
Mike Montemarano to
Shorehaven Civic Assosciation

Three additional reservations were authorized for training at the NYS Association of Towns, training to be conducted in NYC.  The persons to attend will be named later.  The new total: 13.

The Supervisor was authorized to sign the Refuse Agreement with the Village of Pawling.

A Town Hall Facilities Use Form has been created by Supervisor Coursen for better utilization of the facility.

Acknowledgements:

Fire Dept. Installation Dinner this Sat.
Everett White as Fireman of the year.
Stan Marsand as County Historian. 
Tyler Maile for the removal of above ground pools at Lakeside.

During the comment period, there was a discussion that the school is renting space at Lathrop; because we are being taxed to pay for the park, and we’re being taxed by the school board to pay the rent on some of the same property, it appears to be a double taxation.  Also, the lack of a proper school bus garage was seen as sorely needed.

There was serious discussion about the Transfer Station rate increase and the inequities in the rate schedule, such as mandatory ownership of a car in order to use the facility.  Mayor Liffland objected to the lack of communication of the rate increases.  Contrary to the village announcement, village residents must pay $100 to buy a sticker.

Town Board Meetings:
Tuesday, February 7th – 7:30pm – Town Hall
Wednesday, March 1st – 7:30pm – Town Hall


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TOWN OF PAWLING BOARD MEETING JANUARY 18, 2006

 Justice Denton stated the town court of Pawling heard 1179 cases. 1079 were car related, 31 were felonies, and miscellaneous cases. I believe they said the court collected $71,000 in fines (someone started talking to me so I may be off.)

Also, they would like to have bailiffs at court instead of constables. 

The constable certification issue is still not resolved.  According to Supervisor Coursen, all of their work has been suspended until the town adopts an appropriate ‘plan’.  Finally, the board wants to look into contracting with the Sheriff’s Dept. for two months while they work out the issues with the constables.

The Supervisor wishes to contract with the Dutchess County Youth Bureau so they can receive $7,712 towards the teen center. This would help offset the $157,812 annual cost of running the center.

Next, the Supervisor requested authorization for 9 people to attend a conference to learn how to do their jobs, at a cost of $ 1,000 a person.  One of her choices to attend was the deputy supervisor.  A minor argument erupted.  Mr. Johnson stated it wasn’t a good choice for the deputy supervisor to attend, and Mr. Montemarano said he felt it was a waste of money and he will not attend.  He’ll just read a book to receive the same information for free; he’s not wasting taxpayers’ money.

Brought up tax break for seniors…. They want to change the limit of the current (think 19K a year) to 24K a year and still be able to receive 50% off of their taxes.

Board Liaisons were appointed: Mr. Benson to the transfer station, Mr. Johnson to water district #2, and Mr. Montemarano was appointed to the Joint Sewer Commission.  John Dailey was appointed the new Chief Constable.

The question was asked how can you let Kirby Hill Road stay closed for four days (impassable due to trees and wires down) when that is the main route of travel to a hospital from that area of Quaker Hill (New Milford Hospital) It was said that you can use Game Farm Road as an alternative route around, but a person stated that’s not true because if you don’t have 4WD you can’t make it across that road because its so muddy. Also, how is an ambulance or fire truck supposed to cross that road? Supervisor Coursen said she is working on it, but nothing will be done right away, Mr. Montemarano found it unacceptable.  It needs to be passable, he said.  They went back and forth a little, but nothing was resolved.  A member in attendance stated that there have been two deaths attributed to poor road conditions on Game Farm Road over the past two years.

 

 

 

On This Page

Town Of Pawling Public Hearing and Town Board Meeting - March 1st , 2006

Town Of Pawling Board Meeting February 7, 2006

Town Of Pawling Board Meeting February 1, 2006

Town Of Pawling Board Meeting January 18, 2006

 

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Edward R. Murrow

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