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2008-12-08 RGMTown of Wappinger 20 Middlebush Road II. Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ^- Agenda — Chris Masterson 845-297-5771 Monday, December 8, 2008 7:00 PM Town Hall 7:00 PM Meeting called to order on December 8, 2008 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Pledge of Allegiance III. Discussions A. Enforcement of Zoning with Regard to Signs - Paoloni B. Town Hall Boiler - Gray/Kolb C. Establishment of a "Sign Warden" and Establishment of CAC - Paoloni D. Water & Sewer Committee Report E. Rockingham Infrastructure - McCarthy E Carnwath Farms Chapel Use - Ennesser IV. Minutes Approval Wednesday, November 19, 2008 Monday, November 24, 2008 V. Correspondence Log .2008-355. Resolution Authorizing the Acceptance of the Correspondence Log VI. Public Portion VII. Resolutions 2008-348. Resolution Setting Annual Reorganization Meeting for Fiscal Year 2009 2008-349. Resolution Designating the Time and Place for Holding Town Board Meetings for the Fiscal Year 2009 2008-350. Resolution Authorizing the Town Supervisor to Prepare and Advertise a Request for Proposals to Audit the Town of Wappinger Accounting Department Motion To: amend Resolution 2008-351 2008-351. Resolution Authorizing the Town Supervisor to Reorganize Certain Town of Wappinger Staff in Accordance with the Adopted 2009 Town Budget 2008-356. Resolution Authorizing Bids Submitted to the Town of Wappinger by the Public to Purchase Surplus Town Equipment Motion To: amend Resolution 2008-352 2008-352. Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2008 2008-357. Resolution Authorizing Settlement of Tax Certiorari - Southeastern Container, Inc. 2008-358. Authorizing Settlement of Tax Certiorari - Bank of America 2008-359. Resolution Authorizing Settlement of Tax Certiorari - Lawrence Development Realty, LLC 2008-360. Resolution Authorizing Settlement of Tax Certiorari - Imperial Improvements, LLC F/K/A Biloba Corp. F/K/A Colony NYRO Partners, LP 2008-361. Resolution Authorizing the Recreation Commission Chair to Seek and Interview Candidates to Fill a Vacancy 2008-362. Resolution Authorizing Refund of Unused Escrow for D & G Porco Subdivision (Account 05-5105) 2008-363. Resolution Authorizing Refund of Unused Escrow for Soccer View Site Plan (Account 04-3088) 2008-364. Resolution Authorizing Submission of Application for Local Government Efficiency Grant for Shared Court Facility Feasibility Study 2008-365. Resolution Authorizing Submission of Application for Local Government Efficiency Grant for Shared Highway Garage Feasibility Study 2008-366. Resolution Authorizing Employee Vacation Rollover Request Town of Wappinger Page I Printed 12/3/2008 Regular Meeting Agenda December 8, 2008 2008-367. Resolution Extending Temporary Town -Wide Moratorium on Residential Development for One Additional Six -Month Term 2008-369. Resolution Rescinding Authority to Issue Bonds for Purchase of Passenger Vehicle 2008-370. Resolution Rescinding Authority to Issue Bonds for the Purchase of Technology Equipment 2008-371. Resolution Adopting Bi -Weekly Pay Periods VIII. Executive Session A. Adams Water Contract IX. Resolutions 2008-368. Resolution Authorizing Execution of Agreement Between Adams Fairacre Farms, Inc. and the Town of Wappinger in Connection with the Construction and Installation of Water and Sewer Lines X. Items for Special Consideration XI. New Business XII. Town Board Review of Vouchers Motion To: untable Resolution 2008-346 2008-346. Resolution Approving Abstract of Claim and Warrant for Payment of Claim Motion To: untable Resolution 2008-347 2008-347. Resolution Approving Abstract of Claim and Warrant for Payment of Claim 2008-353. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2008-354. Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board XIII. Adjournment Town of Wappinger Page 2 Printed 12/3/2008 R. Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Chris Masterson 845-297-5771 Monday, December 8, 2008 7:00 PM Town Hall Call to Order Supervisor Christopher Colsey called the meeting to order at 7:02 PM. Attendee Name Organization Title Status Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Al Roberts Town of Wappinger Town Attorney Present Bob Gray Town of Wappinger Town Engineer Present David Stolman Town of Wappinger Town Planner Present Pledge of Allegiance Discussions Motion To: move the Rockingham discussion topic up in the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni A. Rockingham Infrastructure - McCarthy Councilwoman McCarthy made a motion to move the Rockingham discussion up in the Agenda. The motion was seconded by Councilman Bettina and passed unanimously. Supervisor Colsey opened the discussion at 7:03 PM and gave a brief history of the topic. He explained that the Board is aware that the Rockingham curbs need to be replaced. He added that 30-40 pieces of water pipe have needed to be replaced every year. The storm water drainage is also a concern. The Town Attorney, Al Roberts, has given his opinion that the costs for the curbing would not be borne by just the residents of Rockingham. He also noted that there are allowable substitutes. The Board would be discussing various types of curbing. There is the option to bond for this and the bond could go up to 40 years. Supervisor Colsey went on to recap curb discussions that have taken place in the past and mentioned the bond for $3,300,000 bond resolution that had been adopted. He noted that Sal Pennini, the Town's bonding agent, was present to discuss this topic. Councilwoman McCarthy thanked the residents for coming out to the Town Board Meeting. The Councilwoman understood that the bond that was issued for this is a 15 year bond, but the life of a curb is 10 years. Mr. Pennini discussed the bond in detail. He explained that the bond is approved, but that does not mean the money is just sitting there. It simply means that there is unused bonding authority. The money could be borrowed at any time, but borrowing now would mean that 5 years of the financing life is gone. He and former Supervisor Ruggiero, according to Mr. Pennini, feel that it would be better to rescind the $1,100,000 in bonding authority and adopt a brand new bond resolution with a brand new 15 year life. According to Councilwoman McCarthy, Mr. Ruggiero recollects that it was not recommended to him to rescind the bond. She then discussed a memo that she had on hand, from Mr. Roberts' office, that discusses the useful life of concrete curbs being 10 years. Mr. Roberts asked the Councilwoman to look at the very previous sentence and how it notes that, if done in conjunction with road pavement, the useful life is 15 years. The Councilwoman replied that she is referring to a separate memo dated October 29, 2001. Mr. Roberts had a memo to the Board, dated October 19, 2001, determining the useful life of concrete curbs to be 15 years. He read the memo to the Board. Councilman Paoloni stated that he moved to Rockingham in 1967. He noted that the curbs lasted a lot longer than 10-15 years. He asked how it is only being amortized for 15 years Town of Wappinger Page I Printed 12/13/2008 Regular Meeting Minutes December 8, 2008 when they are lasting 40 years. Mr. Pennini and Mr. Roberts explained that it was laid out in the Local Finance Law. Councilwoman McCarthy made a motion to open the floor to the public. The motion was seconded by Councilman Bettina and passed unanimously. Mrs. Bertolini was the first resident to speak. She doesn't understand the bond issue. Her assumption is that repair and maintenance comes out of the budget for the transportation department. For the first 10 years, the plows came out. She had big chunks of curb torn up and they would come make repairs. She claims that this hasn't been done in the last 25 years. She is in favor of repairing the curbs, but not with blacktop. Ann Scogna was the next resident to speak. She noted that, every year, the plows tear up sections of the curb. She called Graham Foster, Town Highway Superintendent, who then came out to do a patchwork repair job. Mrs. Scogna also has a drainage problem. She would like the curb replaced, but not with blacktop. It is important for her because her parcel is on a downgrade. Laura Albert spoke next. She asked what the Board was planning to do and when they were planning to do it. Supervisor Colsey explained that the Town Engineer, Bob Gray, would have to do a map, plan and report. He estimated that the report could be done in 4-6 weeks. Councilwoman McCarthy explained the process, from gaining input from the public to making the decision. She asked if Mrs. Albert was in favor of repairing the curbs. Mrs. Albert was in favor of making repairs, but not with blacktop. After some discussion, the Supervisor set the target date as February 23, 2009. A resident of Sherwood Heights commented next. He claimed that his road hasn't been touched in 20 years. He then said that the only repairs being made are patch jobs. In his opinion, this looks ridiculous. For the amount of taxes he pays, he feels a full blacktop job could be done. He asked the Highway Superintendent when this could be done. Mr. Foster had told him that he didn't know when it could be done and recommended the resident talk to the Town Board. That is why he was present. The Supervisor and Councilwoman McCarthy replied that they would like to focus on the Rockingham curbs. The next resident to speak was Charlotte Christman. She claimed that the plows come through and wreck the curbs every year, making it an eyesore. She is in favor of replacement. Bill Rumble spoke next. He agreed with the need for curb repairs, but felt that this was not the appropriate time to be making curb repairs, due to the state of the economy. Bud Denicola was next to speak. He felt that the blacktop curb issue wasn't even worth talking about because it would be torn right out at any place that the water has any velocity. Next to speak was Ray Casazza. He is in favor of putting the curbs in, but wanted to know what material would be used. He noted that salt will eat concrete and recommended using better material. Richard Carson spoke next. He is in favor of the curbing and is also concerned with the material that will be used. Supervisor Colsey polled the audience to see who of those present was from Rockingham. He then asked who supported the curb repairs. Based on those that raised their hands, the Supervisor noted that the majority was in favor or making the curb repairs. Two residents, George Conboy and Bill Rumble, felt that this was bad timing to be making curb repairs. Councilwoman McCarthy asked if those residents would be opposed to the repairs even if it had no impact on their taxes. Discussion followed. A resident asked about the serious water pipe problems that had been brought up. Supervisor Colsey explained the issue. His proposal is that the infrastructure be repaired before putting on curbs and paving. He also noted that there is a new filtered water source in the area. He hopes that Rockingham could be hooked onto that system with new infrastructure. Carl Narvesen was next to speak. He also wanted to know what type of curbing would be used. Councilwoman McCarthy replied that the Board will be presenting the curbing options at the February 23rd, 2009 Town Board Meeting. Mr. Narvesen then asked what repairs would be included in the bond. Discussion followed. Mr. Narvesen noted that Mr. Foster and his staff do a great job with the plowing. Councilwoman McCarthy agreed that they do an excellent job. The next to speak was Sal Bertolini. Mr. Bertolini asked if it were correct that the Board intended to blacktop the streets after the sewer and curbs. Supervisor Colsey confirmed. He recommended that the resident come back for the February 23rd meeting. Mrs. Bertolini again voiced her disapproval that the curbs weren't repaired a little bit every year. George Silvestri spoke next. He is opposed to the idea of repairing curbs. He asked why the taxpayers should have to pay for one development when the rest of the Town does not have curbs. There are areas with no water, areas with polluted wells, water problems in Rockingham, and people are being laid off. He asked where the Board's priorities are. Councilman Beale asked why the Town doesn't set aside money on an annual basis for some sort of infrastructure reserve fund. He feels the money for this should have already been in place. Discussion followed. rown of Wappinger Page 2 Printed 12113/2008 P, Regular Meeting Minutes December 8, 2008 Councilman Bettina asked that everyone remember that the cost of this will be borne by the whole Town. He feels that water and drainage should be taken care of first. The other work can come after. Councilman Paoloni noted that setting money aside for these repairs is just another mode of financing. Sheila Conboy was the next resident to speak. She noted that the curb issue would be discussed at the February 23rd Meeting. She asked what was going to be done about the water if it is determined that the piping needs to be addressed before the curbs. Supervisor Colsey replied that he expects all the items will be studied. Discussion followed. Supervisor Colsey closed the discussion at 7:51 PM. Motion To: open floor to the public RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni B. Town Hall Boiler - Gray/Kolb Supervisor Colsey opened the discussion at 8:00 PM. Bob Gray, the Engineer to the Town, explained the issue regarding the Town Hall boiler. He is looking at two options to replace the boiler. One option would be to replace the oil -fired boiler. He is also looking at the option of replacing it with a gas-fired boiler, or Modulating Boiler System. The estimated cost of replacing the oil -fired boiler would be approximately $60,000. Replacing with a gas -tired boiler would cost about $70,000. Due to the increased efficiency of a gas-fired boiler, the $10,000 difference would be realized in three to four years. He would like to put this out to bid to get prices on both. Councilman Beale asked if this solution would provide the means to control the temperature in individual rooms. Discussion followed. Mr. Gray explained what he has investigated up to this point. He did not want to install a new boiler and still have a delivery problem. He discovered that the current boiler is leaking and could go any day. He also noted that the $60,000 or $70,000 would be to replace the boiler, not to change the ducts and piping or the zones. Councilman Beale added that the Board needs to look at what it would cost to fix all of the problems correctly. Discussion followed. Supervisor Colsey noted that Cheryl Hait, Justice Court Clerk, just got notification that the Town will receive a $20,000 grant from the Office of Court Administration to fix the heating and cooling in the court room. Discussion followed. Supervisor Colsey asked what the Engineer was asking for. Mr. Gray replied that he is looking for the authorization to put together a specifications package to put out to bid the two options for the boiler replacement. Councilman Bettina made a motion to allow the Engineer to go out to bid to get the costs to make sure the necessary repairs are made to the boiler. The motion was seconded by Councilman Beale. Discussion followed. The motion passed unanimously. Supervisor Colsey closed the discussion at 8:11 PM. Motion To: allow the Engineer to go out to bid RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni C. Enforcement of Zoning with Regard to Signs - Paoloni Supervisor Colsey opened the discussion at 8:11 PM. Councilman Paoloni noted that a resident had approached him with concerns about Zoning issues. The resident had asked that it be put on the Agenda, but was unable to make it to this Town Board Meeting. The resident also had brought up the possibility of reestablishing the Conservation Advisory Council and creating a sign warden. David Stolman, Town Planner, was present to comment. He noted that the sign provisions in the Town Code have not been looked at in quite a while, but he is not aware of any problems that the provisions are causing. The Code Enforcement Department and the Town Planner have had discussions analyzing the provisions to see if they were appropriate. Councilman Bettina noted that people have rights to place signs as well. He gave the examples of election signs and for sale signs. He has had two people call him saying that they have had their signs taken. He feels that the Code should be looked at, but the people's rights should be considered as well. Discussion followed. Town of Wappinger Page 3 Printed 12/13/2008 Regular Meeting Minutes December 8, 2008 George Kolb, Director of Code Enforcement, gave a history of this issue. He had explained to the resident what the Town has been doing regarding sign enforcement. Mr. Kolb referred to a display that was assembled by his department exhibiting the types of signs that have been removed from the Town, County and State rights-of-way. They have been collecting these signs for the past two and a half years. He estimates that his staff removes approximately 300- 500 signs per year from Town rights-of-way. Some of the resident's concerns are valid and Mr. Kolb's department has been working on addressing them. Councilman Beale asked what Town right-of-way a particular for sale sign was on. He explained that he has a major problem with Town personnel going on private property to remove signs. Mr. Kolb replied that they were all on Town rights -of -ways. The Councilman disagreed and recommended that the personnel make sure that they are 100% accurate when taking the signs. Discussion followed. Mr. Kolb clarified that his staff is not disallowing signs that are allowed by the Code. The signs that are removed are clearly in the rights-of-way. He is asking the Board to let him, know if they are saying he should stop doing that. Councilman Beale noted that his priority, relative to the Route 9 corridor, is to ensure that the commercial lots that are available have the opportunity to be developed. Mr. Kolb explained the process that someone would have to follow if they intended on going outside the scope of the sign law. Discussion followed. There was one resident from St. Gregory's Church in the audience that had her sign taken. Her sign was for a non-profit event that raised money for Dutchess Outreach. She recommended that there be different rules for organizations such as hers than that for commercial organizations. Tatiana Lukianoff, the Town Zoning Administrator, explained the process that one would follow and the fees that would be paid for certain commercial events. A motion was made by Councilman Paoloni. Discussion about exemptions in the code followed. Supervisor Colsey seconded the motion. Councilman Paoloni clarified that his motion is that not-for-profit organizations should follow the same rules as would a church. Supervisor Colsey seconded. Councilwoman McCarthy asked if this meant that they would be listed as an exemption. Mr. Kolb commented that they are not exempt from the sign ordinance. Discussion followed. The motion was then withdrawn. Supervisor Colsey closed the discussion at 8:40 PM. D. Water & Sewer Committee Report Supervisor Colsey opened the discussion at 8:40 PM. Councilman Bettina summarized what was discussed at the recent Water & Sewer Committee Meeting. The Minutes for that Meeting were recorded by Mike Tremper, of CAMO Pollution Control. Councilman Paoloni went on to summarize the Meeting. The discussion mostly had to do with the water district. The issue is whether it is the obligation of the Town to expand the water district to cover the entire region of the Town and, if so, who would pay for it. Discussion followed. Supervisor Colsey closed the discussion at 8:56 PM. E. Carnwath Farms Chapel Use - Ennesser Supervisor Colsey opened the discussion at 8:56 PM. Joe Ennesser, a representative from the Dutchess County Sports Museum, was present to discuss the topic. Mr. Ennesser first noted that he had submitted names for the Conservation Advisory Council. Discussion about the appointments for the CAC followed. Mr. Ennesser then noted that the Sports Museum would like to utilize the Chapel at Carnwath Farms for events related to the Quadricentennial. He has submitted plans and grant applications to refurbish the Chapel. He plans on having this open from May through September. They would like to bring in an ice boat and have seminars for iceboating on the Hudson. The Greenway Committee would also like to have a standing display for the trail at Carnwath. He added that this would be manned by volunteers. Councilman Beale noted that he has no objection to that. Councilman Paoloni and Councilwoman McCarthy asked if the Museum would vacate the Chapel in September. Mr. Ennesser confirmed. Councilwoman McCarthy asked if vendors that would be coming in to display would be paying a fee. Mr. Ennesser replied that they would not pay a fee. Councilman Beale noted that the Board had appointed Mary Schmalz to represent the Town for the Quadricentennial. Mr. Ennesser replied that he is working with Mrs. Schmalz on this. Discussion about publicizing the events followed. Councilman Bettina made a motion to have the Town Attorney prepare a lease or a license for the use of the Chapel in conjunction with the Quadricentennial for the Sports Museum. Councilman Paoloni asked if there would be a fee for this. The Board agreed that there would not be a fee. Councilman Beale seconded the motion. Ralph Holt, Chairman of the Recreation Commission, asked if the Town Board is ready to say that the Town is going to be reopening Carnwath. The park is currently closed. Councilman Beale noted that he did not remember having a discussion resulting in the closing of the park. Supervisor Colsey replied that this was based on issues pertaining to overtime usage. The motion passed unanimously. Town of Wappinger Page 4 Printed 12113/2008 Regular Meeting Minutes December 8, 2008 Supervisor Colsey closed the discussion at 9:04 PM. Motion To: have the Town Attorney draft up a license and/or lease for use of Chapel RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni IV. Minutes Approval Wednesday, November 19, 2008 ✓ Vote Record - Acce tance of Minutes for November 19, 2008 7:00 PM Yes/Aye No/Nay Abstain Absent No/Nay Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter CZ1 ❑ ❑ ❑ ❑ Tabled Defeated Vincent Bettina Voter 0 El❑❑ Maureen McCarthy Initiator El ❑ ❑ ❑ Initiator Joseph Paoloni Seconder 0 ❑ ❑ ❑ Monday, November 24, 2008 ✓ Vote Record - Acceptance of Minutes for November 24, 2008 7:00 PM Yes/Aye No/Nay Abstain Absent No/Nay Christopher Colsey Voter 0 ❑ ❑ ❑ 0 Accepted William Beale Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Vincent Bettina Voter Rl ❑ ❑ ❑ ❑ Tabled Defeated Vincent Bettina Voter 0 El❑❑ Maureen McCarthy Initiator 0 ❑ ❑ ❑ Initiator Joseph Paoloni Seconder 0 ❑ ❑ ❑ V. Correspondence Log RESOLUTION: 2008-355 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-355 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ El 1:1❑ Defeated Vincent Bettina Voter 0 El❑❑ 11 El Tabled Withdrawn Maureen McCarthy Initiator 0 El El Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 VI. Resolutions The Resolution is hereby duly declared adopted. RESOLUTION: 2008-348 Resolution Setting Annual Reorganization Meeting for Fiscal Year 2009 NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby schedules Monday, January 5"i, 2009, as the Annual Re -Organizational Meeting of the Town Board to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, commencing at 7:00 PM. BE IT FURTHER RESOLVED that the Town Clerk is hereby requested to provide notice to the public of the meeting established by this Resolution in accordance with Town Law, the Town of Wappinger Code and the Rules of Procedure of this Board. Town o/ Wappinger Page 5 Printed /2/13/2008 Regular Meeting Minutes December 8, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-348 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni ' Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. VII. Public Portion Motion To: suspend the Rules for public comments on the Agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Public Comments on the Agenda items Councilwoman McCarthy made a motion to suspend the Rules for public input. The motion was seconded by Councilman Bettina and passed unanimously. The first resident to speak was Frank Buyakowski. Mr. Buyakowski noted that the Town Board passed a Town -wide moratorium six months ago. Resolution 2008-367 is to extend that moratorium for an additional six months. He asked why the Town needs an additional six months if the Plan was supposed to be completed in six months. Supervisor Colsey replied that the law says that the Town has to do this in six month increments. There is no requirement that the Town has to use all six months. Al Roberts, the Town Attorney, added that the Local Law was drafted so that the moratorium could be extended for two periods of six months. The Town Planner, David Stolman, has advised the Town that the Zoning reviews of the Master Plan and the introductory amendments to the Zoning Code should be accomplished within the next two to three months. As soon as that occurs, the Resolution for the moratorium will be rescinded. The Town does not expect it to go the full six months. Mr. Buyakowski asked if it was correct that the Town could add to the Resolution the fact that this could not be extended. Mr. Roberts replied that he didn't think that the Town could do that. Mr. Buyakowski then asked if it were correct that the moratorium could be extended for another six months. Mr. Roberts replied that, legally, the answer is "Yes". Mr. Buyakowski followed up by asking if it was morally correct to have plans such as his, for senior citizen projects that would be good for the Town, that keep getting extended. Supervisor Colsey explained what the delay was due to. Discussion followed. Mr. Stolman added that there were two or three particularly "thorny" issues, that the Town Board was quite diligent in analyzing, but it took longer than they expected it to take. They are now back on track and will get it done as soon as they can. Jack Herring was the next resident to speak. He noted that, in the November 17th, 2008 Town Board Minutes, in response to a question posed by Councilwoman McCarthy, pertaining to a part-time position 1110.209 in the Justice Court, Supervisor Colsey confirmed that the Town Board was going to eliminate that position. He noted that his wife has held that position for nearly 20 years. Mr. Herring added that he is a taxpayer of 35 years and a resident for 56 years, and has two undergraduate degrees in Criminal Justice, a Masters Degree in Public Administration, 24 years of working in the criminal justice system and a college teaching job that he has done for the past 11 years. He claimed that the Board has received a letter from Justice Wolfson and Justice Kitchen that states that, in the past 20 years, the court staffing has remained the same. The work load has increased dramatically. He believes that the Town Board is also in possession of a letter from the Chief Clerk from the Court that provides data on revenue from the court, which further justifies the position that is being eliminated. The current position is responsible for processing more than 5000 traffic tickets annually and scheduling trials for roughly 90% of them. He quoted the Justices' letter saying that: "It will be impossible for the Court to handle the D&V calendar in the absence of the Clerk position". He went on to quote: "The anticipated annual revenue provided by this position will exceed $100,000". The salary for the position that the Board is looking to cut, he noted, is approximately $10,000 per year. The Justices, he stated, anticipate that the revenues will be reduced by 75%, or a reduction in revenues to the Town of $75,000, to save this $10,000 salary. He noted for the Supervisor that Torn of Wappinger Page 6 Printed 12/13/2008 Regular Meeting Minutes December 8, 2008 the facts and figures were submitted by the Town's two highly experienced and respected Justices and the Town's highly respected and. experienced Chief Court Clerk. In his opinion, Mr. Herring feels that they are telling the Board that they will not be able to do the job that the Court has a reputation of doing and that many defendants rights will be in jeopardy. He asked how the Supervisor justifies the elimination of a position that has the potential of costing the Town $75,000 to save $10,000. He also noted that he is curious as to the formula that is used in detertnining how Town of Wappinger positions are eliminated. Supervisor Colsey thanked the resident for his input and asked if there were any other comments. Mr. Herring asked if it was possible to get an answer. Supervisor Colsey answered that it is not something that is going to be discussed in open session, nor should it be. Councilman Beale disagreed. He noted that the resident is not referring to a specific employee. Supervisor Colsey replied that they are in fact talking about a specific employee. Councilman Beale asked what the process was by which a person is determined to no longer be employed with the Town. Supervisor Colsey replied that the Town Board has put in over 30 hours of Budget hearings and meetings to consider the economics of the Town. Councilman Bettina felt that the issue needs to be discussed in Executive Session. Al Roberts, the Town Attorney, agreed. Another resident asked to discuss Resolution 2008-371. Supervisor Colsey discussed the topic and noted that this Resolution should be tabled. Discussion followed. Shelly Crespo, an employee in the Department of Code Enforcement, asked why the Town did not do payroll in- house. Supervisor Colsey and Councilman Paoloni agreed that this would result in a savings to the Town. George Kolb, Director of Code Enforcement, asked to comment on Resolution 2008-351. Councilwoman McCarthy asked that discussion about this Resolution be done in Executive Session. Mr. Kolb noted that he assumes that it has been determined who will be cut. Councilwoman McCarthy explained that her input regarding this Resolution is going to be in the context of restructuring the department. Within that discussion, she is confident that the Board will be discussing the employment history of certain individuals within the department, which she claimed needs to be discussed in Executive Session. Mr. Kolb then asked if the decisions have not been made. Councilwoman McCarthy replied that there have been some decisions from the Board about positions. The Resolution on the table wasn't presented in the way that she expected it to be. Mr. Kolb asked what the Resolution is proposed to accomplish if passed. Supervisor Colsey answered that it will authorize him to affect changes in Town Hall relative to employment in accordance with the Budget. Mr. Kolb then asked that, when the Resolution is passed, the Board will know what positions will be cut. Councilwoman McCarthy replied that she envisioned that the Resolution is going to be restructured to reflect the reorganization of the Department of Code Enforcement. Mr. Kolb noted that he understands what the Board had to do. He went on to .say that the morale within the Town Hall is the worst that he has ever seen. There are people, especially in his department, including himself, that do not know whether they are going to have a job come the first of the year. He asked the Board to, as soon as possible and as soon as they determine the staff cuts, notify the people expeditiously. Councilman Bettina replied that the Board will deliberate this in Executive Session. Once that is done, they will meet with the department heads. Shelly Crespo asked if the Board discussed the option of giving everyone a pay cut in order to. save jobs. Councilman Bettina replied that it may not be viable according to Civil Service. Ralph Holt, Chairman of the Recreation Commission, echoed Mr. Kolb's comment that the morale is low. People were told a couple of weeks ago that certain things were going to happen and that they would be told in a certain time limit. Different rumors are going around every day and people are wondering if they have a job. He asked if the Board has talked to the department heads to see what money could be saved. These are the avenues that he would have done first. He would have talked to the managers. He pointed out that he knows more about what he is doing much better than the Board does. He doesn't feel that the Board is using his knowledge to achieve the goal. Councilwoman. McCarthy replied that the Board labored over the Budget. She noted that there are hundreds of thousands of Dollars that they expected to get and will not get. She went on to say that the Board ran out of places to look, short of cutting services. She went on to say that if the Board thought that a department head could save money to save jobs, they would have been banging down the department heads' doors. She knows tliat morale is down, but she can't help the rumors that are going around. She spoke for all members of the Board and pointed out that nobody felt good about having to reach the decisions that they've reached. Their responsibility was to deliver a Budget that had a responsible tax increase with it. She noted that 9% is still way to high. But without the savings that they garnished from eliminating positions, which were not from one section of Town Hall, there would be so many other residents to answer to about double-digit tax increases. She fears that the Town Board has still underestimated the cuts in the Town's revenue. One of her hopes, in going into Executive Session, is that the Board comes to an agreement on when and how the people that hold the Town of 6Yappinger Page 7 Printed 12//3/2008 Regular Meeting Minutes December 8, 2008 positions to be eliminated are going to be notified. She also hopes that the Board looks at each department individually from day one of the New Year to look at increasing efficiency and saving as much money as possible, so that they are never in this position again. With regards to morale, she asked that Mr. Holt go back to his department and say that the Board did their best in a crappy situation, not trying to snake it personal for anyone and trying to be as fair as they could be. Councilman Bettina added that efficiency and savings was the charge of every department. He was in Meetings until 11:00-11:30 every night and there were many heated sessions. He had a resident at a store ask him why he didn't cut more people. He pointed out that he had provided a lot of zero budgets and raises in the past. The Board is accountable to the people and they don't understand that the percentage increase reported by the media wasn't accurate. Dawn Montfort was the next resident to speak. Her husband is one of the people being laid off. She noted that the Senior Center is getting new furniture. Councilwoman McCarthy replied that it is $500 to replace chairs. Mrs. Montfort then mentioned the option of people paying into health insurance. Supervisor Colsey answered that Town Hall employees do contribute. There is a baseline program offered to all Town employees that they do not pay for. Everyone else contributes. Mrs. Montfort then noted that there is a building for the archives that is being heated and air conditioned. She doesn't understand that. Councilwoman McCarthy answered that they are public records and must be maintained. Mrs. Montfort asked if they can just be put in a storage pod. Supervisor Colsey replied that the archives have standards set by State Archives. Another resident commented that it is crazy to heat Carnwath with 16,000 gallons of fuel per year. Mrs. Montfort explained that she is just putting ideas out there. Her husband gave up a job with New York State to take this job with Wappinger and now he isn't going to have a job at all. Another resident commented that the Town Board made a big mistake in the way that they did the Budget. He doesn't think that they looked hard enough or cut enough out. He can't see spending money on 16,000 of fuel for Carnwath. He then noted that the records were at a building that was locked and secured. He also commented on Councilman Bettina's idea for a dog park. Councilman Bettina replied that the money for the dog park came from Recreation money, which is put in by developers and can't be spent on salaries. There was also a grant that was applied for. The resident then talked about services that are being cut. With losing three snow plow operators, the residents of the Town are going to be hurt. Roughly 30 miles of road aren't going to be plowed when they are supposed to be plowed. Councilman Bettina commented on the statements that were made about the dog park and Carnwath. He agrees with the resident that Carnwath is a money pit. Discussion followed. Supervisor Colsey asked for a motion to reinstate the Rules for public comment. The motion was made by Councilman Bettina. The motion was then seconded by Councilman Beale and passed unanimously. Motion To: reinstate the Rules for public comment RESULT: MOVER: SECONDER: AYES: VIII. Resolutions ADOPTED [UNANIMOUS] Vincent Bettina, Councilman William Beale, Councilman Colsey, Beale, Bettina, McCarthy, Paoloni Motion To: amend Resolution 2008-349 to strike the word "not" RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-349 Resolution Designating the Time and Place for Holding Town Board Meetings for the Fiscal Year 2009 WHEREAS, the Town Board of the Town of Wappinger has determined the necessity to hold monthly Workshop meetings to review, deliberate upon, plan and propose items of interest and importance to the residents of the Town of Wappinger; and WHEREAS, the Town Board has determined that such Workshop meetings shall require the attendance of the appointed Town professionals. Town of Wappinger Page 8 Printed 12/13/2008 9, FJ Regular Meeting Minutes December 8, 2008 NOW, THEREFORE, BE IT RESOLVED, that the Regular Workshop monthly meeting of the Town Board of the Town of Wappinger-shall be held at 7:OOPM at the Town Hall, 20 Middlebush Road, in the Town of Wappinger, Dutchess County, New York, in the evening of the 2" d Monday of each month, or at such other place or places within the Town of Wappinger as the Town Board shall from time to time designate. BE IT FURTHER RESOLVED, that the Regular Monthly meetings of the Town Board of the Town of Wappinger shall be held at 7:00 PM, at the Town Hall, 20 Middlebush Road, in the Town of Wappinger, Dutchess County, New York, in the evening of the 4"' Monday of each month, or at such other place or places within the Town of Wappinger as the Town Board shall from time to time designate. BE IT FURTHER RESOLVED, that when,a regularly scheduled Town Board meeting occurs on a holiday, the meeting or workshop will be held on the following Tuesday, or at such other place within the Town of Wappinger as the Town Board shall from time to time designate. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-349 Yes/Aye No/Nay Abstain I Absent D Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder D ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter m ❑ ❑ ❑ ❑ Tabled El Withdrawn Maureen McCarthy Initiator D El El El Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls; New York December 08, 2008 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2008-350 as dictated by Town Attorney RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-350 Resolution Authorizing the Town Supervisor to Prepare and Advertise a Request for Proposals to Audit the Town of Wappinger Accounting Department WHEREAS, there has been a significant change in many of the positions in the Town's Accounting Department over the last three years, specifically two appointed Comptrollers and currently a now appointed Town Accountant in lieu of a Comptroller; and WHEREAS, the last Town Accountant resigned in January and was not replaced with a new Town Accountant until July, 2008; and WHEREAS, the Town's auditors, Sedore & Company, provided invaluable service by supplying personnel to assist the Accounting Department in the hiatus between the appointments of the two Comptrollers and then the Town Accountant; and WHEREAS, the Town Board wishes to have the Accounting Department audited by an independent certified accounting firm so as not to give an unwarranted appearance that the Town's current auditing firm is auditing its own work NOW, THEREFORE, BE IT RESOLVED as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board desires to have an independent certified accounting firm conduct a thorough audit of the books and records of the Town's Accounting Department and hereby authorizes the Town Supervisor, Christopher Colsey, to solicit Requests For Proposals (RFP'S) to conduct an audit of all books and records of the Town's Accounting Department. 3. Any certified accounting firm responding to the RFP must have a minimum of five years experience in auditing and examining municipal accounts and must supply references from three municipal accounts that the firm has worked with in the last five years. 4. The Town Supervisor is also authorized to publish a written Request For Proposal, in the form attached hereto, in the Poughkeepsie Journal and the Southern Dutchess News, at least ten days in advance of the time for submission of such proposals. Town of Wappinger Page 9 Printed 12/13/2008 Regular Meeting Minutes December 8, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-350 Yes/Aye No/Nay Abstain Absent 21 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 El ❑ ❑ Withdrawn Jose h Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2008-356 RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Christopher Colsey, Supervisor AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-356 Resolution Authorizing Bids Submitted to the Town of Wappinger by the Public to Purchase Surplus Town Equipment WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, has received the following bids to purchase surplus Town equipment: Equipment Bid Bidder 1996 Johnson Vanguard Sweeper $7,100.00 Gannon Municipal Equipment 1994 Oldsmobile Cutlass None None WHEREAS, Gannon Municipal Equipment, 423 Big Island Road, Florida, NY, 10921, is the sole bidder for the 1996 Johnson Vanguard Sweeper; and WHEREAS, no bids were received for the 1994 Oldsmobile Cutlass; and WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, is requesting the Town Board to award the bid to Gannon Municipal Equipment, 423 Big Island Road, Florida, NY 10921 to purchase the 1996 Johnson Vanguard Sweeper for the amount of Seven Thousand - One Hundred Dollars and 00/100 ($7,100.00); WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, is requesting the Town Board to authorize the release of the 1994 Oldsmobile Cutlass for the purpose of auto parts salvage and recycling in exchange for the prevailing recovery rate. NOW, THEREFORE, BE IT RESOLVED, the Town of Wappinger Town Board has awarded the bid to Gannon Municipal Equipment, 423 Big Island Road, Florida, NY, 10921, to purchase the 1996 Johnson Vanguard Sweeper for the amount of Seven Thousand, One Hundred Dollars and 00/100 ($7,100.00) with payment made to the Town Clerk. BE IT FURTHER RESOLVED, the Town Board authorizes the release of the 1994 Oldsmobile Cutlass to BOCES, if they are so interested. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-356 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 10 Printed 12113/1008 Regular Meeting Minutes December 8, 2008 Motion To: amend Resolution 2008-352 RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-357 Resolution Authorizing Settlement of Tax Certiorari - Southeastern Container, Inc. WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced for -the years 2006 and 2007 by Southeastern Container, Inc., regarding premises located at 151 Airport Drive, Grid #6259-02-841-673, seeking a reduction in the 2006 and 2007 tax assessment for the 2006/2007 and 2007/2008 tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement on this tax review proceeding. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2006 and 2007, as it pertains to Grid No.:6259-02-841673. Original Tax Year Assessment 2006 $5,332,500.00 2007 $16,000,000.00 Reduction in Assessment $432,500.00 $3,000,000.00 Final Assessment $4,900,000.00 $13,000,000.00 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-357 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 10 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator D El ❑ El Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-358 Authorizing Settlement of Tax Certiorari - Bank of America WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced for the years 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 and 2008 by Bank of America (f/k/a Fleet Bank), regarding premises located at 1272 Route 9, Grid #6157- 02-609919, seeking a reduction in the tax assessment for 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 and 2008 tax assessment for 1998/1999, 1999/2000, 2000/2001, 2001/2002, 2002/2003, 2003/2004, 2004/2005, 2005/2006 and 2008/2009 tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement on this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the years 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 and 2008, as it pertains to Grid No.:6157-02-609919. Original Tax Year Assessment 1998 $350,000 Reduction in Assessment w Final Assessment $350,000 Torn ofWappinger Page 11 Printed 12113/2008 Regular Meeting Minutes December 8, 2008 1999 $350,000 -0- $350,000 2000 $350,000 -0- $350,000 2001 $350,000 -0- $350,000 2002 $350,000 -0- $350,000 2003 $350,000 -0- $350,000 2004 $350,000 -0- $350,000 2005 $350,000 -0- $350,000 2006 No Filing ❑ Defeated 2007 No Filing 2008 $800,000 -0- $800,000 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-358 0 Yes/Aye Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Joseph Paoloni Voter 0 ❑ ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-359 Resolution Authorizing Settlement of Tax Certiorari - Lawrence Development Realty, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2008 by LAWRENCE DEVELOPMENT REALTY, LLC regarding premises located at 1820 Route 376, Poughkeepsie (Town of Wappinger), Grid # 6259-02-530791, seeking a reduction in the 2008 tax assessment for the 2008/2009 tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement on this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2008, as it pertains to Grid No.: 6259-02-530791. Original Reduction in Final Tax Year Assessment 2008 $2,500,000.00 Assessment $500,000.00 Assessment $2,000,000.00 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the teens of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-359 0 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ 1-]0 ❑ Defeated ❑ Tabled - Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 12 Printed 12//312008 11 Regular Meeting Minutes December 8, 2008 RESOLUTION: 2008-360 Resolution Authorizing Settlement of Tax Certiorari - Imperial Improvements, LLC F/K/A Biloba Corp. F/K/A Colony NYRO Partners, LP WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced for the years 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008 by Imperial Improvements, LLC, f/k/a Biloba Corp. f/k/a/ Colony Nyro Partners, LP, regarding premises located at 1568-1576 Route 9, Grid #'s 6158-19-601220- 00; 6158-19-601220-03; 6158-19-575182-00; 6158-15-589264-01; 6158-15-589264-00; 6158-19- 623204-00, seeking a reduction in the 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006; 2007 and 2008 tax assessment for the 1996/1997, 1997 /1998, 1998/1999, 1999/2000, 2000/2001, 2001/2002, 2002/2003, 2003/2004, 2004/2005, 2005/2006, 2006/2007 and 2007/2008 tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement on this tax review proceeding rl NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008, as it pertains to Grid #'s 6158-19-601220-00; 6158-19-601220-03; 6158-19-575182- 00; 6158-15-589264-01; 6158-15-589264-00; 6158-19-623204-00 as follows: 6158-19-601220-00 Original Reduction in Final Tax Year Assessment Assessment Assessment 1996 $10,500,000 -0- $10,500,000 1997 $10,500,000 -0- $10,500,000 6158-19-601220-03 Original Reduction in Final Tax Year Assessment Assessment Assessment 1996 $110,000 -0- $110,000 1997 $110,000 -0- $110,000 6158-19-623204-00 Original Reduction in Final Tax Year Assessment Assessment Assessment 1998 $3,478, 100 -0- $3,478,100 6158-19-575182-00 6158-15-589264-01 Original Reduction in Final Tax Year Assessment Assessment Assessment 1998 $1,473,000 -0- $1,473,000 1999 $1,473,000 -0- $1,473,000 2000 $1,473,000 -0- $1,473,000 2001 $1,473,000 -0- $1,473,000 2002 $1,473,000 -0- $1,473,000 2003 $1,473,000 -0- $1,473,000 2004 $1,473,000 -0- $1,473,000 2005 $1,473,100 $147,800 $1,325,300 2006 $1,473,100 $243,700 $1,229,400 2007 $7,000,000 $3,365,600 $3,634,400 2008 $7,000,000 $2,897,300 $4,102,700 6158-15-589264-01 Town of Wappinger Page 13 Printed 12113/2008 Original Reduction in Final Tax Year Assessment Assessment Assessment 1998 $110,000 -0- $110,000 1999 $110,000 -0- $110,000 2000 $110,000 -0- $110,000 2001 $110,000 -0- $110,000 Town of Wappinger Page 13 Printed 12113/2008 Regular Meeting Minutes December 8, 2008 2002 $110,000 -0- $110,000 2003 $110,000 -0- $110,000 2004 $110,000 -0- $110,000 2005 $110,000 $11,033 $98,967 2006 $110,000 $18,200 $91,800 2007 $640,000 $307,700 $332,300 2008 $640,000 $264,900 $375,100 6158-15-589264-00 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-360 Original Reduction in Final Tax Year Assessment Assessment Assessment 1998 $2,737,700 -0- $2,737,700 1999 $2,737,700 -0- $2,737,700 2000 $2,737,700 -0- $2,737,700 2001 $2,737,700 -0- $2,737,700 2002 $2,737,700 -0- $2,737,700 2003 $3,286,000 -0- $3,286,000 2004 $3,286,000 -0- $3,286,000 2005 $3,286,000 $329,717 $2,956,283 2006 $3,286,000 $543,700 $2,742,300 2007 $14,200,000 $6,826,700 $7,373,300 2008 $14,200,000 $5,877,800 $8,322,200 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-360 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-361 Resolution Authorizing the Recreation Commission Chair to Seek and Interview Candidates to Fill a Vacancy WHEREAS, the Town of Wappinger Recreation Department incurred a vacancy in August 2008 due to the voluntary termination of the Recreation Director; and WHEREAS, the position has the primary responsibility of providing direction and oversight to the operations of the Town of Wappinger Recreational programs; and WHEREAS, the Town of Wappinger Town Board has budgeted for this position in the amount of $15,450.00 in the 2009 Town Budget, line item B7310.100; and WHEREAS, Town Supervisor Christopher Colsey has contacted the Dutchess County Department of Personnel and a determination has been made that the current eligible list for this title is non-viable, thus allowing the Town of Wappinger to seek a provisional appointment pending future examination. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes Ralph Holt, as the Chainnan of the Recreation Commission, to seek and interview candidates for this vacancy. BE IT FURTHER RESOLVED, that the Chairman of the Recreation Commission is directed to notify the Town Board in writing of the proposed candidate for their consideration in tendering an employment offer. town of Wappinger Page 14 . Printed 12/13/2008 Regular Meeting Minutes December 8, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-361 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter Rl ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator RI ❑ ❑ ❑ 0 Tabled Vincent Bettina Initiator Rl ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby tabled. RESOLUTION: 2008-362 Resolution Authorizing Refund of Unused Escrow for D & G Porco Subdivision (Account 05-5105) WHEREAS, on or about April 1, 2005, Gino Porco filed an application for Subdivision approval under application number 05-5105; and WHEREAS, on or about April 5, 2005, Gino Porco deposited Seven Thousand, Five Hundred Dollars ($7,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, on or about June 6, 2006, Gino Porco further deposited Four Thousand, Eight Hundred Twenty Dollars and 55/100 ($4,820.55) with the Town of Wappinger; and WHEREAS, Subdivision approval was granted and the maps were signed on October 23, 2006; and WHEREAS, all professional fees incurred during the review of application number 05- 5105 have been paid and a balance of One Thousand, Three Hundred Ninety -One Dollars and 40/100 ($1,391.40) remains in the escrow account and Gino Porco has requested a refund of said escrow balance; and WHEREAS, the Director of Code Enforcement, Planning Board Secretary and the Escrow Account Clerk have reviewed the application and the escrow account and have determined that a refund is due to Gino Porco. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes that a payment in the total amount of One Thousand, Three Hundred Ninety -One Dollars and 40/100 ($1,391.40) shall be made to Gino Porco representing a refund of the remaining escrow balance for Application Number 05-5105. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-362 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter Rl ❑ ❑ ❑ El Adopted as Amended William Beale Voter Rl ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator RI ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Seconder RI ❑ 11 Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-363 Resolution Authorizing Refund of Unused Escrow for Soccer View Site Plan (Account 04- 3088) WHEREAS, on or about June 28, 2004, Frank Buyakowski, on behalf of Global Satellite, LLC, filed an application for approval of a Site Development Plan under Application Number 04-3088; and WHEREAS, on or about, June 28, 2004, Frank Buyakowski deposited Seven Thousand, Five Hundred Dollars ($7,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and Town of Wappinger Page 15 Printed 12/13/2008 Regular Meeting Minutes December 8, 2008 WHEREAS, the application was approved and the Site Plans were signed respectively on March 13, 2006 (Soccer View), and August 11, 2008 (Soccer View/Finishing Trades); and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Two Thousand, Four Hundred Thirty Dollars and 35/100 ($2,430.35) remains in the escrow account and Frank Buyakowski has requested a refund of said escrow balance; and WHEREAS, the Director of Code Enforcement, Planning Board Secretary and the Escrow Account Clerk have reviewed the application and the escrow account and have determined that a refund is due to Frank Buyakowski. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. . 2. The Town Board hereby authorizes that a payment in the total amount of Two Thousand, Four Hundred Thirty Dollars and 35/100 ($2,430.35) shall be made to Frank Buyakowski representing a refund of the remaining escrow balance for Application Number 04- 3088. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-363 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 El11❑ ❑ Defeated Vincent Bettina Initiator 0 11El❑ ❑ ❑ Tabled Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-364 Resolution Authorizing Submission of Application for Local Government Efficiency Grant for Shared Court Facility Feasibility Study WHEREAS, the Town of Wappinger and the Village of Wappingers Falls are in need of new Court facilities and the two municipalities are interested in determining the feasibility of creating a shared Court facility; and WHEREAS, the New York State Department of State, through its Division of Local Government Services provides grant money to municipalities that promote local government efficiencies through the sharing of municipal services under the Local Government Efficiency Grant Program; and WHEREAS, the Town of Wappinger and the Village of Wappingers Falls, as co - applicants, intend to apply for a grant under 2008 Local Government Efficiency Grant Program for a project entitled The Wappingers Falls/Wappinger Shared Court Facilities Feasibility Study; and WHEREAS, the application is for a grant not to exceed $25,000 for the feasibility study; and WHEREAS, this grant would fund 90% of the feasibility study and the remaining cost will be shared 50-50 with the Village of Wappingers Falls; and WHEREAS, the actual construction and implementation of a shared court facility between the Village of Wappingers Falls and the Town of Wappinger will not take place unless there is a positive recommendation from the feasibility study and is further subject to the approval of an appropriate shared municipal agreement pursuant to Article 5-G of the General Municipal Law upon terms agreeable to both municipalities. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves the submission of an application to the 2008 Local Government Efficiency Grant Program for the project entitled The Wappingers Falls/Wappinger Shared Court Facilities Feasibility Study on behalf of the Town of Wappinger. 3. The Town Board authorizes and designates Supervisor Christopher Colsey and Matt Alexander, Mayor of the Village of Wappingers Falls, as the lead applicant, to execute the application and all other necessary documents that are required with respect to the grant program. roue: of Wappinger Page 16 Printed 12/13/2008 Regular Meeting Minutes December 8, 2008 4. The Supervisor is authorized to take all necessary actions to complete the grant process and may designate any qualified persons to act on his behalf. 5. The Town Board approves the expenditure of an amount not to exceed $2,500.00 to reimburse the Village of Wappingers Falls for the services of a grant writer to prepare the grant. 6. The Town B.oard acknowledges that the Town of Wappinger will be responsible for 5% of the cost of the feasibility study in the event the grant is awarded. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-364 0 Adopted Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter Rl El El 11❑ Adopted as Amended William Beale Seconder Q El El ElEl Defeated 13 Tabled Vincent Bettina Initiator 0 El El ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-365 Resolution Authorizing Submission of Application for Local Government Efficiency Grant for Shared Highway Garage Feasibility Study WHEREAS, the Town of Wappinger and the Village of Wappingers Falls both need to repair and upgrade their existing highway garages, and the two municipalities are interested in detennining the feasibility of creating a shared Highway Garage; and WHEREAS, the New York State Department of State, through its Division of Local Government Services, provides grant money to municipalities that promote local government efficiencies through the sharing of municipal services under the Local Government Efficiency Grant Program; and WHEREAS, the Town of Wappinger and the Village of Wappingers Falls, as co - applicants, intend to apply for a grant under the 2008 Local Government Efficiency Grant Program for a project entitled The Wappingers Falls/Wappinger Shared Highway Garage Feasibility Study; and WHEREAS, the application is for a grant not to exceed $25,000 for the feasibility study; and WHEREAS, this grant would fund 90% of the feasibility study and the remaining cost will be shared 50-50 with the Village of Wappingers Falls; and WHEREAS, the actual construction and implementation of a shared Highway Garage between the Village of Wappingers Falls and the Town of Wappinger will not take place unless there is a positive recommendation from the feasibility study and is further subject to the approval of an appropriate shared municipal agreement pursuant to Article 5-G of the General Municipal Law upon teens agreeable to both municipalities. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves the submission of an application to the 2008 Local Government Efficiency Grant Program for the project entitled The Wappingers Falls/Wappinger Shared Highway Garage Feasibility Study on behalf of the Town of Wappinger. 3. The Town Board authorizes and designates Supervisor Christopher Colsey and Matt Alexander, Mayor of the Village of Wappingers Falls, as the lead applicant, to execute the application and all other necessary documents that are required with respect to the grant program. 4. The Supervisor is authorized to take all necessary actions to complete the grant process and may designate any qualified persons to act on his behalf 5. The Town Board approves the expenditure of an amount not to exceed $2,500.00 to reimburse the Village of Wappingers Falls for the services of a grant writer to prepare the grant. 6. The Town Board acknowledges that the Town of Wappinger will be responsible for 5% of the cost of the feasibility study in the event the grant is awarded. Town of Wappinger Page l7 Printed 12/13/2008 Regular Meeting Minutes December 8, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-365 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-366 Resolution Authorizing Employee Vacation Rollover Request WHEREAS, the Town of Wappinger Personnel Manual states that 15 unused vacation days can be carried over to the following year by any non-union employee; and WHEREAS, due to the demands of Barbara Roberti's job, she has not used all of her vacation time in excess of the 15 authorized carry over days; and WHEREAS, Barbara Roberti, in a letter dated November 19t'', 2008, has requested that her 8 excess days, in addition to the allowable 15 carryover days, totaling 23 carryover days, be carried over to calendar year 2009, a copy of which is affixed hereto. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes Barbara Roberti's request that a total of 23 days be carried over to calendar year 2009. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-366 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ El El ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-367 Resolution Extending Temporary Town -Wide Moratorium on Residential Development for One Additional Six -Month Term WHEREAS, by Resolution 2008-178 on June 9, 2008, the Town Board adopted Local Law 1 of 2008 which established a Temporary Town -Wide Moratorium on Residential Development in the Town of Wappinger; and WHEREAS, Section XII of Local Law 1 of 2008 provided for a moratorium term of six months from its effective date, subject to review and renewal by the Town Board of the Town of Wappinger for two (2) additional six (6) month extensions by Town Board Resolution; and WHEREAS, Local Law 1 of 2008 became effective on June 18, 2008, upon filing with the Secretary of State, and therefore it shall expire on December 18, 2008, unless it is extended; and WHEREAS, the purpose of the Temporary Town -Wide Moratorium on Residential Development is to preserve the status quo of Residential Development in the Town of Wappinger pending the completion and adoption of the Town's new Comprehensive Plan and the enactment of associated revisions and additions to the land use regulations contained in the Town Code; and WHEREAS, the new Comprehensive Plan has not been adopted and associated revisions to land use regulations have not been completed, but it is anticipated that the Comprehensive Plan and associated revisions will be completed by April 1, 2009; and Torii of Wappinger Page 18 Printed 12//3/2008 1� Regular Meeting Minutes December 8, 2008 WHEREAS, the Town Board has determined an extension of the moratorium term is warranted and it is in the best interest of the residents and property owners of the Town of Wappinger to extend the provisions of Local Law 1 of 2008 for an additional six month teen by resolution pursuant to Section XII thereof; and WHEREAS, The Town Board may terminate the Moratorium earlier than six months provided that the Comprehensive Plan is adopted and the appropriate revision to the land use regulations have been made. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby extends the Temporary Town -Wide Moratorium on Residential Development established by Local Law 1 of 2008 for an additional six-month term, commencing on December 18, 2008, and ending on June 18, 2009, pursuant to Section XII of the Local Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-367 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Initiator 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter RI ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder RI ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder IBJ ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter D ❑ ❑ ❑ Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-369 Resolution Rescinding Authority to Issue Bonds for Purchase of Passenger Vehicle WHEREAS, on July 23, 2008, the Town Board adopted Resolution 2008-213 entitled 6M "A Resolution Authorizing the Purchase of a Passenger Vehicle for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $8,000, and Authorizing the Issuance of $8,000 Bonds of Said Town to Pay the Cost Thereof'; and WHEREAS, Resolution 2008-213 authorized the issuance of bonds, secured by the faith and credit of the Town of Wappinger, for the purchase of said Technology Equipment and Software; and WHEREAS, the actual cost of the passenger vehicle was $4,800.00 and sufficient current funds were available to buy it without borrowing thus making the need for the issuance of bonds unnecessary; and WHEREAS, no bonds or bond anticipation notes have been issued and no borrowing has taken place pursuant to Resolution 2008-213. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby rescinds Resolution 2008-213. 3. The Town Accountant, Town Attorney and the Town Supervisor are authorized to take all necessary actions to effectuate the provisions of this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-369 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 21 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter CJ ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder IBJ ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator 23 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 19 Primed 12/13/2008 Regular Meeting Minutes December 8, 2008 RESOLUTION: 2008-370 Resolution Rescinding Authority to Issue Bonds for the Purchase of Technology Equipment WHEREAS, on July 23, 2008, the Town Board adopted Resolution 2008-212 entitled "A Resolution Authorizing, Subject to Permissive Referendum, the Purchase of Technology Equipment and Software for Accounting, Financial Management and related use in and for the Town of Wappinger, Dutchess County, New York, at an Aggregate Maximum Estimated cost of $63,500 and Authorizing the Issuance of $63,500 Bonds of said Town to pay the cost thereof"; and WHEREAS, Resolution 2008-212 authorized the issuance of bonds, secured by the faith and credit of the Town of Wappinger, for the purchase of said Technology Equipment and Software; and WHEREAS, the Town Accountant determined that there was sufficient money in current revenues to pay for the Technology Equipment and Software and the Town Board amended the 2008 budget accordingly; and WHEREAS, the budget amendment has made the need for the issuance of bonds unnecessary; and WHEREAS, no bonds or bond anticipation notes have been issued and no borrowing has taken place pursuant to Resolution 2008-212. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby rescinds Resolution 2008-212. 3. The Town Accountant, Town Attorney and the Town Supervisor are authorized to take all necessary actions to effectuate the provisions of this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-370 Yes/Aye No/Nay Abstain Absent El Adopted Christopher Colsey Voter Rl ❑ ❑ 1-1El Adopted as Amended William Beale Initiator D ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter D O ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Voter D ❑ ❑ ❑ Joseph Paoloni Seconder ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-371 Resolution Adopting Bi -Weekly Pay Periods WHEREAS, the nationwide economic recession and severe downturn in the housing market has reduced the revenues of the Town of Wappinger causing the Town to review its budget and cut unnecessary expenses; and WHEREAS, currently, the pay period for Town of Wappinger employees is weekly; and WHEREAS, the Town Board has determined that substantial administrative costs and payroll expenses can be reduced by switching from weekly to bi-weekly pay periods for Town employees; and WHEREAS, administrative costs for verifying time worked, calculating payroll costs, determining vacation and sick time and generating paychecks are reduced because such functions need only be done every other week; and WHEREAS, pursuant to New York Labor Law, a municipality is authorized to pay all of its employees on a bi-weekly basis; and WHEREAS, Article II of the labor agreement for the period January 1, 2005 to December 31, 2008 between the Town of Wappinger and CSEA Local 1000 AFSMCE, AFL- CIO representing the Town of Wappinger Highway Employee Unit - Dutchess County Local 814 (hereinafter "Highway Employee Contract") provides that union employees shall be paid every Friday; and WHEREAS, the Highway Employee Contract expires at the end of 2008 and a new labor agreement is being negotiated; and WHEREAS, the Town Board has determined that it is financially in the best interest of ,rotrn of Wappinger Page 20 Printed 11/13/2008 Regular Meeting Minutes December 8, 2008 the taxpayers of the Town of Wappinger to switch from a weekly to a bi-weekly pay period. NOW, THEREFORE, BE IT RESOLVED, as follows: I . The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby resolves that Town of Wappinger employees shall be paid on a weekly basis up to and including December 26, 2008. 3. Commencing on December 27, 2008, Town of Wappinger employees, other than those in the Highway Employee Unit of the CSEA, shall be paid on a bi-weekly basis. 4. The first bi-weekly pay period shall end on January 9, 2009. S. On January 9, 2009, the Town shall issue pay checks to employees, other than those in the Highway Employee Unit of the CSEA, for the period December 27, 2008 through January 9, 2009. 6. Pay checks shall be issued on a bi-weekly basis thereafter. 7. The Town shall endeavor to change the Highway Employee Contract to allow, the Town to pay employees covered by that Agreement on a bi-weekly basis. 8. Any references to pay periods in the Town Employee Manual or any other Town Documents shall be amended to reflect a bi-weekly pay period. 9. The Town Accountant and the Town Supervisor are authorized to take all necessary actions to effectuate the provisions of this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record- Resolution RES -2008-371 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter D El ElEl Defeated Vincent Bettina Seconder 21 El ❑- Z Tabled ❑ Withdrawn Maureen McCarthy Voter ❑ ❑ ❑ Joseph Paoloni Initiator D ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby tabled. IX. New Business A. Councilman Beale New Business Councilman Beale brought up the issue of hunting in Town parks. He asked if this is something that has been allowed in the past. The Town Attorney, Al Roberts, thought that the Town had a general prohibition about hunting and trapping in any Town parks. Councilman Bettina explained that the current issue is that a hunter is seeking permission. The Town Clerk, Chris Masterson, noted that the New York State Department of Conservation calls for the property to be posted. Councilman Paoloni added that Robinson Lane is not posted and he is not posting signs in Robinson Lane. Discussion followed. Councilman Beale commented that, if these properties need to be posted, the Town Board needs to entertain posting them. Councilwoman McCarthy made a motion to deny permission for hunting to each of the separate places that the resident had specified in his letter. The motion was seconded by Councilman Beale. Councilman Beale then asked if this resident making the request is a former Councilman. Discussion followed. Mr. Roberts recommended taking a look at the Town policy. He felt there should be no hunting or trapping on any Town parks. Supervisor Colsey asked that the Town Attorney clarify for the record if he was being advised that he did not have to abstain. Discussion followed. The motion passed unanimously. Councilman Beale also recommended that the Town Board have a discussion about parks being closed and opened. The signs say that the parks are open from dusk until dawn, but the gates aren't open. Councilwoman McCarthy clarified that they directed the Recreation Department not to pay overtime to those employees to do that after hours. Supervisor Colsey explained that the regular employees were seeking overtime to open and close the gates one hour in the morning and one hour in the evening. Councilman Beale asked why that had to be on overtime. Supervisor Colsey answered that the employees claim that they can only do it on overtime and he disagreed. He thought that this might be an Executive Session topic. Discussion followed. Town of Wappinger Page 21 Printed /2//3/2008 Regular Meeting Minutes December 8, 2008 Motion To: deny request to hunt on Town property RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni B. Councilman Bettina New Business Councilman Bettina noted that the toilets in the Town parks should be open so that residents can use the facilities in the beautiful parks that the Town has. He added that the flag should be flown as well. Councilman Beale asked if the Town Board was going to have a joint Meeting with the Recreation Commission. Supervisor Colsey replied that it hasn't been scheduled but it was discussed. Supervisor Colsey will take care of that. C. Councilwoman McCarthy New Business Councilwoman McCarthy asked how the Policy Manual update is going. Supervisor Colsey replied that the Legislative Aide, Joseph Incoronato, had nearly finished it a month ago, but then the Budget got in the way. Councilwoman McCarthy asked if the Town Board could see the preliminary report. Supervisor Colsey answered that he will ask Mr. Incoronato. He went on to say that Mr. Incoronato did a lot of work on it. D. Councilman Paoloni New Business Councilman Paoloni noted that a resident, Todd Stapleton, had contacted him requesting permission to place a Geocache at Robinson Lane. Councilman Beale commented that he did not know what Geocaching was and noted that the Town Clerk, Chris Masterson, does Geocaching. Councilman Paoloni began explaining what Geocaching was. He also stated that he didn't know that anyone had to approve it at the Town Board level. Mr. Stapleton had respectfully requested permission from the Town, which is rather nice. Councilman Paoloni again commented that he didn't know if this needed to be approved by the Town Board or if there is a policy on this activity. Councilman Beale added that geocaching would bring people to the parks, but mentioned the possibility of people showing up to the parks to Geocache only to find that the gates are locked. Supervisor Colsey asked if Councilman Paoloni was looking for approval for this resident. Councilman Paoloni replied that he wasn't, but asked if the Board wants a policy for this. He also asked if he should just let the resident proceed. Supervisor Colsey recommended that Councilman Paoloni make a motion to approve it. Councilman Paoloni replied that this may set a precedent that the Town will approve this all of the time. E. Supervisor Colsey New Business Supervisor Colsey noted that the Town Clerk, Chris Masterson, had brought to his attention that the Town Board Meeting for December 22nd, 2008, had not been formally cancelled. He asked for a motion to cancel the Town Board Meeting for December 22nd, 2008. Councilman Bettina made a motion to cancel the Town Board Meeting for December 22nd, 2008. The motion was seconded by Councilwoman McCarthy and passed unanimously. Supervisor Colsey then noted that someone brought a topic to his attention that people were working at the Town Hall after Town Hall hours. He also noted that he is one of the employees that comes in to do work over the weekend. He asked if the Board would like to address this issue. Councilman Beale commented that the Board had discussed this once before and he doesn't know what the debate is on this issue. Motion To: cancel the Town Board Meeting of December 12, 2008 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 22 Printed 1211312008 01 Regular Meeting Minutes December 8, 2008 X. Executive Session Motion To: go into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni A. Adams Water Contract Motion To: come out of Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni XI. Resolutions RESOLUTION: 2008-368 Resolution Authorizing Execution of Agreement between Adams Fairacre Farms, Inc. and the Town of Wappinger in Connection with the Construction and Installation of Water and Sewer Lines WHEREAS, Adams Fairacre Fanns, Inc. (hereinafter referred to as "ADAMS") is the contract vendee to purchase certain property located on the eastside of Old Post Road (hereinafter referred to as the "STORE PARCEL"); and WHEREAS, ADAMS has made application to the Town of Wappinger Planning Board for Site Plan Approval to construct the retail building and plant nursery on the STORE PARCEL; and WHEREAS, ADAMS has agreed to make certain improvements to and construct certain extensions of the waterlines owned by the United Wappinger Water District as well as the sewer mains owned and maintained by the Town of Wappinger pursuant to the Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A (WST/TIA-3A); and WHEREAS, the TOWN and ADAMS have agreed on certain other provisions relating to the STORE PARCEL's connection to the water and sewer systems as well as the abandonment of certain lands no longer needed or required by the Town for Town Highway purposes or as more particularly set forth in a proposed Agreement, a copy of which is affixed hereto; and WHEREAS, the Town Board members represent that they have each reviewed and examined the aforementioned proposed Agreement. NOW, THEREFORE, BE IT RESOLVED,_ as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger in its capacity as the governing body of the Town of Wappinger, has reviewed and examined the proposed Agreement between Adams Fairacre Far ns, Inc. and the Town of Wappinger, supports and concurs with the provisions contained therein, agrees to enter into said Agreement and further directs Town Supervisor, Christopher J. Colsey, to execute same in substantially the same fonn as attached hereto. Town of Wappinger Page 23 Printed /2//3/2008 Regular Meeting Minutes December 8, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-368 B DB HMN T92 Central Hudson $30.04 Central Hudson $40.06 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ 11❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ El ❑ ❑ Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2008-351 title and text as dictated by Bettina and McCarthy RESULT: ADOPTED [4 TO 01 MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: William Beale, Vincent Bettina, Maureen McCarthy, Joseph Paoloni ABSTAIN: Christopher Colsey RESOLUTION: 2008-351 Resolution Directing the Town Supervisor to Reorganize Certain Town of Wappinger Staff in Accordance with 2009 Budget as Spread in the Agenda As Follows: Elimination of the Title of Code Enforcement Officer, Reorganization to include Building Inspectors 1 & 2 to be supported by Data Clerk #1 Fire Inspector and Zoning Administrator 1 & 2 to be supported by Date Clerk #2, whose title is changed to Administrative Assistant Data Clerk #3 position to be eliminated In the Justice Court, the full-time clerk position decreased to part-time The current part-time Court Clerk position to remain part-time In the Assessor's Department, the Assessor's Aide position eliminated In the Highway Department, Highway Employee #17 position eliminated The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-351 B DB HMN T92 Central Hudson $30.04 Central Hudson $40.06 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter ❑ ❑ 0 ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. XII. Town Board Review of Vouchers RESOLUTION: 2008-353 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Vendor A B DB HMN T92 Central Hudson $30.04 Central Hudson $40.06 Town of Wappinger Page 24 Printed 12113/2008 NJ 11 Regular Meeting Minutes December 8, 2008 Central Hudson $8.02 Office of the Aging $10,278.24 FedEx $143.64 N&S Supply Home Depot Sedore & Company Bottini Fuel Bottini Fuel Bottini Fuel D Silvestri Anaconda Sports Carquest Carquest Carquest Carquest Frederick Clark Frederick Clark Old State Auto Tilcon Grainger Jerrick's Kevin Brower Joint Landfill Van Kleeck's Gellert & Klein Dutchess County SPCA Dutchess County SPCA Dutchess County SPCA Interstate Ref Recvey Poland Springs Great Northern Docks $43.84 $5,000.00 $6,588.77 $835.00 $659.20 $354.00 $324.00 $80.00 $314.80 $254.80 $825.00 $595.00 $155.00 $105.00 $1,519.00 $158.09 $455.65 $246.60 $35.49 $22.70 $22.49 $63.97 $14,672.35 $73,566.40 $403.88 $22.00 $370.73 $2,195.92 $20,705.20 Vendor A B DB HMN T92 Met Life $1,789.20 $533.05 Yes/Aye No/Nay Joe DeRosa A $116.63 Rl Adopted Christopher Colsey Voter Joe DeRosa Jr $25.02 ❑ ❑ Adopted as Amended Hudson River Vly $770.00 0 ❑ ❑ ❑ Tours Defeated Vincent Bettina Voter El ❑ Hudson River Vly $770.00 ❑ ❑ Tabled Maureen McCarthy Initiator Tours ❑ ❑ ❑ Withdrawn Kyocera Mita America $481.68 [a ❑ ❑ ❑ John Deere Company $19,713.75 H. V. Renegades $50.00 Robin Reiners $60.00 Totals 1 $32,829.68 1 $17,423.32 1 $74,732.26 1 $19,713.75 1 $20,705.20 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-353 Yes/Aye No/Nay Abstain Absent Rl Adopted Christopher Colsey Voter Rl El ❑ ❑ Adopted as Amended William Beale seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter [a ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-354 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Vendor I A I B I DB I LC I LD I LH Town of Wappinger Page 25 Printed 12//3/2008 Regular Meeting Minutes December 8, 2008 CAMO Pollution SF SI SM SR SV SW CAMO Pollution CAMO Pollution $19,341.67 $9,152.00 $17,543.33 $8,366.67 $11,758.33 CAMO Pollution Central Hudson $2,797.27 $74.29 $853.13 $2,483.96 Central Hudson $2,922.22 Central Hudson Central Hudson $453.04 Central Hudson Central Hudson $40.18 Central Hudson Home Depot $21.10 Home Depot $356.34 Home Depot Home Depot $138.55 DC Sheriff DC Sheriff $4,523.65 $19,152.96 West Payment West Payment $268.80 West Payment West Payment $272.00 D Silvestri D Silvestri $1,500.10 Healthquest Healthquest $66.00 $60.00 $174.00 First Unum Life $232.99 $91.17 $141.82 Arkel Motors Arkel Motors $953.67 Foam and Wash Arkel Motors $601.19 Amthor Welding Foam and Wash $17.50 Wapp Central Amthor Welding $208.57 Wapp Central $90.46 Village of Fishkill Schools Staples Village of Fishkill Wells Fargo Staples $332.69 $11.76 Financial C. Colsey $44.60 Aflac Wells Fargo $324.90 Gellert & Klein Financial Gellert & Klein Aflac Gellert & Klein Gellert & Klein $3,564.00 Gellert & Klein $33.00 $379.50 KVS Information Gellert & Klein $132.00 $165.00 Clark Patterson Lee $1,125.00 Clark Patterson Lee KVS Information $1,495.00 KVS Information $2,500.00 United Rentals $795.63 United Rentals $795.63 Kim Kuchinsky $45.00 John Vergilii $150.00 Clary $28.00 Totals $20,975.88 1 $23,785.16 $2,244.25 $74.29 $853.13 $2,483.96 ..d Vendor SF SI SM SR SV SW CAMO Pollution $7,625.00 $19,341.67 $9,152.00 $17,543.33 $8,366.67 $11,758.33 CAMO Pollution Central Hudson Central Hudson Central Hudson Central Hudson Home Depot Home Depot Home Depot DC Sheriff West Payment West Payment D Silvestri Healthquest First Unum Life Arkel Motors Arkel Motors Foam and Wash Amthor Welding Wapp Central Schools Village of Fishkill Staples C. Colsey Wells Fargo Financial Aflac Gellert & Klein Gellert & Klein Gellert & Klein Clark Patterson Lee Clark Patterson Lee KVS Information Town of Wappinger Page 26 Printed 1211312008 1� Regular Meeting Minutes December 8, 2008 KVS Information United Rentals United Rentals Kim Kuchinsky John Vergilii Totals 1 $7,625.00 1 $19,341.67 1 $9,152.00 1 $17,543.33 1 $8,366.67 1 $11,758.33 Vendor T16 T92 WF WH WT WU CAMO Pollution Yes/Aye No/Nay CAMO Pollution Absent $2,025.00 $1,441.67 $2,841.67 $60,375.00 Central Hudson ❑ ❑ ❑ ❑ Adopted as Amended Central Hudson Seconder 0 ❑ ❑ El Central Hudson Defeated Vincent Bettina Voter M El Central Hudson ❑ ❑ Defeat TabledWithdi Maureen McCarthy Initiator Home Depot ❑ El El ❑ awn Home Depot Voter 0 ❑ ❑ ❑ Home Depot DC Sheriff West Payment West Payment D Silvestri Healthquest First Unum Life Arkel Motors Arkel Motors Foam and Wash Amthor Welding Wapp Central Schools Village of Fishkill $7,264.45 Staples C. Colsey Wells Fargo Financial Aflac $675.30 Gellert & Klein Gellert & Klein Gellert & Klein Clark Patterson Lee Clark Patterson Lee $8,685.54 KVS Information KVS Information United Rentals United Rentals Kim Kuchinsky John Vergilii Clary Totals 1 $675.30 1 $8,685.54 1 $9,289.45 1 $1,441.67 1 $2,841.67 1 $60,375.00 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-354 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ El ❑ Defeated Vincent Bettina Voter M El ❑ ❑ Defeat TabledWithdi Maureen McCarthy Initiator El ❑ El El ❑ awn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-352 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2008 WHEREAS, pursuant to Town Law § 119, which sets forth the procedure for the auditing of claims and issuance of warrants where there is no Town Comptroller, the Town Board must Town of Wappinger Page 27 Printed 12/13/2008 Regular Meeting Minutes December 8, 2008 XIII. audit the claims and issue the warrants for the payment of said claims; and WHEREAS, since the office of the Town Comptroller had been vacant through July 1, 2008, and the vacancy has been subsequently filled by an Accountant, as deemed qualified through the competitive Civil Service process, the duties of auditing claims presented to the Town, and the issuing of warrants authorizing the payment of said claims and bills must be approved by the Town Board; and WHEREAS, the Town Board has found that all the claims are just and accurate, has directed the Town Accounting Department to prepare an abstract of the audited claims, specifying the number of the claim, the name of the claimant, the amount allowed and the fund and appropriation account chargeable therewith. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby confirms that it has previously audited and approved all the vouchers as identified in the abstracts as provided to the Town Board in support of this Resolution as follows: 1. Abstract 21160 with a total of Three Hundred Forty -Four Thousand, Four Hundred Eighty -Three Dollars and 35/100 ($344,483.35); and, 2. Abstract 21161 with a total of Eighty -Five Thousand, Eight Hundred Twenty -Five Dollars and 38/100 ($85,825.38). BE IT FURTHER RESOLVED, the Town Board hereby authorizes the Town of Wappinger Accounting Department to transfer the respective funds into the General Disbursement Fund (GDF) to pay all claims as outlined in Abstracts 21160 through 21161. BE IT FURTHER RESOLVED, the Town Board hereby authorizes the issuance of warrants in accordance with the abstracts identified herein and then shall direct same to Supervisor Christopher Colsey and authorize and direct him to pay the claimant(s) the amount allowed upon their claim. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-352 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ ❑ Defeated Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York December 08, 2008 The Resolution is hereby duly declared adopted. Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni The meeting adjourned at 12:22 AM. 1 4ohn C. Masterson Town Clerk Town of Wappinger Page 28 Printed 12/13/2008