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2005-12-12 RGMMonday, December 12, 2005 7:30 pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to Flag Suspension of Rules for Public Comment on Agenda Items Discussions • Hilltop Village Presentation—Bill Poval and Frank Buyakowski • Alpine Property Rezone Proposal—Ed Kellog • Hilltop Wellfield—Tom Cusick, Jay Paggi, Mike Tremper • Special Legislation for Water District Consolidation—Al Roberts, Jay Paggi, Mike Tremper • Farmland Preservation Amendment RESOLUTIONS: 2005-166 Resolution Authorizing Town Clerk to Attend Conference 2005-167 Hold ` 2005-168 Resolution Authorizing Escrow Refund for 52 Woodland Court 2005-169 Resolution Authorizing Escrow Refund for 21 Wendy Road 2005-170 Hold 2005-171 Resolution Calling for a Public Hearing FOR A Local Law Establishing Water Rate Structure for Central Water System 2005-172 Resolution Authorizing Amtek's Proposal to Create Performance Appraisal Program 2005-173 Resolution Authorizing the Purchase of Minutetraq by Town Clerk.com 2005174 Resolution Authorizing Remuneration of Temporary Director of Maintenance 2005-175 Hold 2005-176 Resolution Requesting Special Legislation for Consolidation of Water Districts and Improvements 2005-177 Resolution of Support for Dutchess County Youth Bureau Grant 2005-178 Resolution Requesting Special Legislation to Authorize Construction of Water & Sewer Lines in Kendell Farms Conservation District Unanimous Consent 2005-179 Resolution Amending town Board Schedule New Business/Comments Executive Session Boyce vs Town of Wappinger Adjournment. 1 12/12/2005.WS The Workshop Meeting of the Town of Wappinger was held on December 12, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:35 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman 6. Joseph Paoloni, Councilman John C. Masterson, Town Clerk (arrived at 9:30 p.m.) Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilwoman McCarthy moved to suspend the rules for public comment, seconded by Councilman Bettina and unanimously carried. DISCUSSIONS • Alpine Property Rezone Proposal—Ed Kellog gave a presentation in regard to a Zoning change on behalf of the Alpine Company. The property in question is a 10 acre parcel of which approximately 8 acres are in the BSC, (10 acres are required) and 2 acres are in the HD zone (5 acres are required). They wish to zone the HD zone to Shopping Center. Their intention is to establish a separate 10 acre parcel and sell it. At this time they would be willing to forego submitting an application for the rezoning of the parcel and instead ask that the Town include this request as part of the revision to the Comprehensive Plan. Discussion followed. • Hilltop Village Presentation— Bill Poval, of Poval Engineering introduced the property owner, Frank Buyakowski as well as the applicant Richard Rang of Toll Brothers. Mr. Rang gave a presentation on the Active Adult Community that is proposed off the All Angel Hill Road property opposite Edgehill Manor. It would be compromised off 170 Single Family Homes and 64 attached townhouses. The area would be comprised of private roads that would be maintained by the homeowners association. They are asking the Town to consider an amendment to their current zoning to allow for an active adult housing district, whether it be in a floating zone or a specific site location type of arrangement, to allow for the increase in density as well a community that's restricted to 55 and older. The homes would cost around $350,000 for a single family home and 1 12/12/2005.WS $250,000 to $280,000 for a townhouse. A fiscal impact analysis was also prepared with this presentation. Several of the Board members were interested in seeing more affordable homes provided for our seniors. Discussion followed. • Hilltop Wellfield— Mike Tremper of CAMO gave a short history on the Hilltop Wellfield and its location in relation to Sprout Creek. It has become apparent that there are some concerns from wells that are located near streams. Samples were collected in February, 2005, and because the well is near the stream, the Health Department outlined more microbiological studies be taken. Jay Paggi, Engineer to the Town informed the Board that the Regulatory Agency deemed the Hilltop Wellfield not under direct result of surface water. Since then, the Federal and State Governments have requested local municipalities to take a closer look at potential effect of the surface water on the ground water sources. Tom Cusick, of LBG went over results of the data collected, what it means, and recommendations. Discussion followed. • Special Legislation for Water District Consolidation—Al Roberts, Attorney to the Town explained the proposed Local Law would consolidate all of the interconnected systems, whether they be Water Districts or Water Improvement Areas into a Special District. In addition to that, we are also asking that the Special Legislation permit the bonded indebtedness in all of these districts to be combined into one large bond and have one uniform payment for all the homeowners and district users. We are also requesting that the district we create also have the ability to apportion costs as is permitted in an improvement area. • Farmland Preservation Amendment—Supervisor Ruggiero announced that we are in the process of acquiring a possible grant for Hobbit Farms and in order to become eligible for the grant the Town of Wappinger needs to make a minor amendment to the existing comprehensive plan that would qualify us to go forward with the grant. RESOLUTION NO. 2005-166 RESOLUTION AUTHORIZING TOWN CLERK TO ATTEND A TRAINING SCHOOL FOR NEWLY ELECTED OFFICIALS The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Town Board wishes to authorize John C. Masterson, Town of Wappinger Town Clerk, to attend the training school for newly 2 12/12/2005.WS elected town officials that is sponsored by the Association of Towns of New York, and the New York State New York State Comptrollers Office on January 3, 4, 5, 2006 at the Desmond Hotel & Conference Center in Albany, New York. NOW, THEREFORE, BE IT RESOLVED, that John C. Masterson, Town of Wappinger Town Clerk, is hereby authorized to attend the training school for newly elected town officials sponsored by the Association of Towns of the State of New York, and the New York State Comptrollers Office on January 3, 4, 5 at the Desmond Hotel & Conference Center in Albany, New York at a cost not to exceed three hundred seventy four dollars and 00/100 ($374.00). RESOLUTION NO. 2005-168 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 52 WOODLAND COURT The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, on or about January 14, 2004 Mr. Angelo S. Incorvaia deposited One Thousand Five Hundred and 00/100 ($1,500.00) with the Town of Wappinger for seeding for the property located at 52 Woodland Court, and WHEREAS, Mr. Angelo S. Incorvaia has requested a refund in the amount of One Thousand Five Hundred and 00/100 ($1,500.00) and been recommended by Salvatore A. Morello, Code Enforcement Officer to the Town of Wappinger, in his letter dated November 15, 2005 to the Town Board Members. 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. Payment is approved in the amount of One Thousand Five Hundred Dollars and 00/100 ($1,500.00) made payable to Mr. Angelo S. Incorvaia, Account Number 2003-0353, for the refund of the unused escrow funds deposited for the property located at 52 Woodland Court. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye This Resolution is hereby duly declared adopted RESOLUTION NO. 2005-169 3 12/12/2005.WS RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 21 WENDY ROAD The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, on or about January 18, 2005 Mr. Edward O'Connell deposited Seven Thousand Five Hundred and 00/100 ($7,500.00) with the Town of Wappinger for seeding and paving of driveway for the property located at 21 Wendy Road, and WHEREAS, Mr. Edward O'Connell has requested a refund in the amount of Seven Thousand Five Hundred and 00/100 ($7,500.00) and has been recommended by George Kolb, Director o Code Enforcement Officer to the Town of Wappinger, in his letter dated November 22, 2005 to the Town Board Members. 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. Payment is approved in the amount of Seven Thousand Five Hundred Dollars and 00/100 ($7,500.00) made payable to Mr. Edward O'Connell, Account number 2004-0198, for the refund of the unused escrow funds deposited for the property located at 21 Wendy Road. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye This Resolution is hereby duly declared adopted RESOLUTION NO. 2005-171 RESOLUTION INTRODUCING "LOCAL LAW NO. OF THE YEAR 2006 AMENDING §234-44.A OF THE TOWN OF WAPPINGER CODE AND ESTABLISHING THE WATER RATE STRUCTURE FOR THE CENTRAL WATER SYSTEM FOR THE 2006 CALENDAR YEAR" The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, the Town Board wishes to amend §234-44.A of the Town of Wappinger Code and to establish a water rate structure for the Central Water System for the 2006 calendar year; and WHEREAS, the amendment is proposed to read as follows: §234-44 Rates, charges and billing. A. The rent per quarter, which includes rental of water meter, if any, shall be determined by Local Law. 4 12/12/2005.WS 1. The following districts are collectively known as the Central Water System because they are all hydraulically connected; • Central Wappinger Water Improvement • North Wappinger Water Improvement • Myers Corners II Water District • Cranberry Hills Water Improvement • Oakwood Water District • Wappinger Park Water District & Extension • Ardmore Hills Water Improvement Area; and 2. The water rate structure for the Central Water System for the 2006 calendar year is as follows: RATE STRUCTURE FOR THE CENTRAL WATER SYSTEM FOR THE TOWN OF WAPPINGER FOR THE 2006 CALENDAR YEAR Commercial Base Rate: $90.00 per quarter for the first 18,700 gallons Overage Rate $2.40 per 1,000 gallons for water consumed between 18,700 gallons and 250,000 gallons per quarter; $3.20 per 1,000 gallons for water consumed over 250,000 gallons per quarter. Residential Base Rate: $39.00 per quarter for the first 18,700 gallons Overage Rate $1.60 per 1,000 gallons for water consumed between 18,700 gallons and 250,000 gallons per quarter. WHEREAS, an analysis has been completed of the various Water Districts and Improvements that are hydraulically connected and served by the Atlas and Hilltop Well Fields as follows: • Central Wappinger Water Improvement • North Wappinger Water District • Myers Corners II Water District • Cranberry Hills Water Improvement • Oakwood Water District • Wappinger Park Water District & Extensions • Ardmore Hills Water Improvement Area The above are collectively referred to as the Central Water System. 5 12/12/2005.WS WHEREAS, the Town Board has adopted a budget for the above districts for the calendar year 2006 in the amount of SEVEN HUNDRED AND SEVENTY-FIVE THOUSAND DOLLARS ($775,000.00); and WHEREAS, the budget has increased over the calendar year of 2005 primarily because of the following reasons: 1. The amount of water pumped; 2. The sharp increase in the electric costs to run the water facilities; 3. The decrease in the available surplus revenue funds to offset budget increases; and WHEREAS, the analysis also took into consideration the commercial uses within the districts/improvements and their usages; and WHEREAS, the Town Board has determined that the proposed Local Law is a Type II action pursuant to 6 NYCRR §617.5 (c) (20) and is otherwise exempt from Environmental Review pursuant to New York State Environmental Quality Review Act (SEQRA) and pursuant to Local Law No. 6 of 1992 and accordingly no Environmental review has been undertaken. 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 introduces for adoption a Local Law amending §234-44.A of the Town of Wappinger Code and establishing the water rate structure for the Central Water System for the 2006 calendar year. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6NYCRR §617.5 (c) (20) and accordingly the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992. 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No. amending §234-44.A of the Town of Wappinger Code and establishing the water rate structure for the Central Water System for the 2006 calendar year to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 9th day of January, 2006 at 7:30 P.M. and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: R 12/12/2005.WS Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye This Resolution is hereby duly declared adopted RESOLUTION NO. 2005-172 RESOLUTION AUTHORIZING AMTEK;S PROPOSAL TO CREATE PERFORMANCE APPRAISAL PROGRAM The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Town Board has expressed an interest in creating performance appraisal program for the employees of the Town of Wappinger, and WHEREAS, Amtek Human Resource Consultants has offered a proposal to create performance appraisal program at a cost of Four -Thousand dollars and 00/100 ($4,000.00) plus Two -Hundred and 00/100 dollars ($200.00) for each additional position, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board authorizes Amtek Human Resource Consultants to create a performance appraisal program for the Employees of the Town of Wappinger at a cost of Four -Thousand and 00/100 dollars ($4,000.00) plus Two -Hundred and 00/100 dollars ($200.00 for each additional position. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye This Resolution is hereby duly declared adopted RESOLUTION NO. 2005-173 RESOLUTION AUTHORIZING THE PURCHASE OF MINUTETRAQ BY TOWNCLERK.COM The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, John C. Masterson, Town of Wappinger Town Clerk has recommended to the Town Board the purchase of MinuteTraq computer software from Town Clerk.com, and 7 12/12/2005.WS WHEREAS, the Town Board has reviewed MinuteTraq and TownClerk.com's services, and WHEREAS, TownClerk.com MinuteTraq computer software will cost Four - Thousand Six Hundred and 00/100 dollars ($4,600.00) for installation, Training, and Licenses, & Hosting, and WHEREAS, the Town Board has agreed to purchase MinuteTraq by TownClerk.com in the amount of Six Thousand One Hundred and 00/100 dollars ($6,100.00) plus Fifteen Hundred and 00/100 dollars per year for maintenance and hosting. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth an adopted herein. 2. Payment is approved in the amount of Six Thousand One Hundred and 00/100 ($6,100.00) made payable to TownClerk.com from account number HY1680.4. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye This Resolution is hereby duly declared adopted RESOLUTION NO. 2005-174 RESOLUTION AUTHORIZING REMUNERATION OF TEMPORARY MAINTENANCE MECHANIC The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, Stephen Tompkins, Maintenance Mechanic, was out on leave since July 18, 2005 due to a non -work related illness, and WHEREAS, Bob Sheridan, Recreation -Groundskeeper, has been carrying out the duties of Director of Maintenance from July 18, 2005 to August 8, 2005 and then was absent due to non -work related illness, and WHEREAS, John Fred Youngman, Recreation- Groundskeeper, carried out the duties of Maintenance Mechanic from August 8, 2005 to November 17, 2005, and Bob Sheridan returned to work and resumed carrying out the duties of Maintenance Mechanic on November 17, 2005, and WHEREAS, at the October 24, 2005 Town Board meeting Stephen Tompkins was placed on leave of absence retroactively to July 18, 2005, and WHEREAS, John Fred Youngman, Recreation- Groundskeeper is currently at grade 4 step 3 salary level and should be remunerated at a grade 6 step 3 F� 12/12/2005.WS salary level for the time period of August 8, 2005 to November 17, 2005 for carrying out the duties of Maintenance Mechanic, and WHEREAS, Bob Sheridan, Recreation- Groundskeeper, is currently at grade 4 step 4 and should be remunerated at a grade 6 step 4 salary level for the time period of July 18, 2005 to August 8, 2005 and since November 17, 2005 for carrying out the duties of Maintenance Mechanic, and NOW, THEREFORE, BE IT RESOLVED, it has been approved by the Town Board that Bob Sheridan and Fred John Youngman should be remunerated for their time spent carrying out the duties of Maintenance Mechanic, and BE IT FURTHER RESOLVED, that Bob Sheridan is herby appointed Acting Maintenance Mechanic. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye This Resolution is hereby duly declared adopted RESOLUTION NO. 2005-176 RESOLUTION REQUESTING SPECIAL LEGISLATION TO AUTHORIZE CONSOLIDATION OF CERTAIN WATER DISTRICTS & WATER IMPROVEMENT AREAS IN THE TOWN OF WAPPINGER The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, the Town of Wappinger presently has a total of twelve Water Districts and/or Improvement Areas providing water service to various portions of the Town; and WHEREAS, nine of the twelve Improvement Areas/Districts are hydraulically interconnected; and WHEREAS, the Town wishes to have all the Water Districts and Improvements Areas which are hydraulically connected, converted into one large Water District with all of the powers authorized by Article 12 and 12A of the Town Law applicable to Water Districts, as well as the authority to apportion costs pursuant to Article 12 C of the Town Law; and WHEREAS, the Town Board by adoption of this Resolution will request that the New York Legislature adopt appropriate legislation to consolidate nine Water Districts and/or Water Improvement Area within the Town which are hydraulically interconnected into one large Water District with such powers as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED, E 12/12/2005.WS 1. The recitations above set forth are incorporated in this Resolution as if fully set forth an adopted herein. 2. The Town of Wappinger presently has nine Water Improvement Areas and/or Districts that are hydraulically interconnected; they are: • Central Wappinger Water Improvement Area • Wappinger—Cranberry Water Improvement Area • Wappinger Park Water District • Ardmore Hills Water Improvement Area • Central Wappinger Emergency Improvement Area • Wappinger Water Improvement Area 1999-20 • North Wappinger Water District • Myers Corners II Water District • Oakwood Knolls Water District 3. The Town of Wappinger hereby requests that Special Legislation be introduced to the New York State Legislature through its elected representatives, the Hon. Stephen M. Saland, Senator, and the Hon. Joel Miller, Assemblyman, to consolidate the above mentioned Water Districts and Water Improvement Areas into one Water District with all the powers applicable to Water Districts as set forth in Article 12 and Article 12 A of the Town Law, together with the additional authority to apportion the costs of any capital improvement or operation and maintenance charge as set forth in Article 12 C 209-q.8 of the Town Law. 4. The Town Board further directs Supervisor, Joseph Ruggiero, Engineer to the Town, Joseph E. Paggi, Jr. and Attorney to the Town, Albert P. Roberts, to take whatever steps are necessary to assist Senator Saland, and Assemblyman Miller, to introduce this proposed legislation to the Legislature and to provide them with other back up or source materials as may be necessary to have the Legislation adopted by the New York State Legislature. 5. The Town adopts the Statement of Legislative Intent annexed hereto as Exhibit "1" as the official position of the Town Board in connection with the request for Special Legislation. 6. The Town Clerk is directed to send a certified copy of the Resolution to the Hon. Stephen M. Saland, Senator, and Hon. Joel Miller, Assemblyman. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye This Resolution is hereby duly declared adopted RESOLUTION NO. 2005-177 AUTHORIZING DUTCHESS COUNTY YOUTH BUREAU GRANT 10 12/12/2005.WS The following was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, having been authorized through a Resolution of the Municipal Board, do hereby make application of the New York State Office of Children and Family Services (OCFS) for approval of the projects described in the Youth Development Delinquency Prevention Application on file with the OCFS and Dutchess County Youth Bureau. In submitting the application it is agreed that: 1. The municipality will abide by OCFS as to the propriety of all expenditures upon which the state aid is requested. 2. The project will be operated in compliance with the laws, rules, regulations, resolutions, and codes of the State of New York and pertinent political subdivisions; 3. No youth will be denied the services or facilities of this project because of race, creed, color, or sex; and 4. No fee will be charged for the programs supported by State funds NOW, THEREFORE, BE IT RESOLVED, as follows: The town of Wappinger Town Board authorizes the acceptance of the Dutchess County Youth Bureau and the New York State Office of Children and Family Services (OCFS) 2006 grant funds for the Youth Development Delinquency Prevention program. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye This Resolution is hereby duly declared adopted RESOLUTION NO. 2005-178 RESOLUTION REQUESTING SPECIAL LEGISLATION TO PERMIT CONSTRUCTION AND INSTALLATION OF WATER LINE AND SEWER LINE THROUGH THE KENDALL FARMS CONSERVATION DISTRICT Councilman Bettina moved to table Resolution 2005-178 Requesting Special Legislation to Permit Construction & Installation of Water Line & Sewer Line through the Kendall Farms Conservation District, seconded by Councilman Paoloni and unanimously carried. UNANIMOUS CONSENT Councilman Bettina moved to place Resolution 2005-179 on tonight's Agenda, seconded by Councilman Valdati and unanimously carried. RESOLUTION NO. 2005-179 RESOLUTION AMENDING TOWN BOARD SCHEDULE OF MEETINGS 11 12/12/2005.WS The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy WHEREAS, the Town Board has heretofore established a Schedule of Town Board Meetings for Calendar Year 2005; and WHEREAS, the Town Board scheduled meetings for the second and fourth Monday of every month, and WHEREAS, due to holiday schedules and other commitments, several of the Town Board Members have requested that the Schedule of Town Board Meetings for the months of December and January be amended. NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth an adopted herein. 2. The Town Board Meetings scheduled for December 27, 2005 is hereby cancelled. 3. A new Town Board Meeting is hereby scheduled for December 19, 2005 at 7:30 p.m. at Town Hall. 4. The Town Clerk is hereby direct to publish the new dates of the Board meeting. 5. The regularly scheduled Town Board Meetings heretofore established by the Town Board shall be resumed commencing with the January 1, 2006 Town Board The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye This Resolution is hereby duly declared adopted NEW BUSINESS/ COMMENTS Councilman Bettina was approached by a constituent about bringing Adams Fairacre Farms to the Town of Wappinger. He would like them to meet with the Supervisor to discuss the possibility of opening up store in the Town of Wappinger. Supervisor Ruggiero replied that he asked them to reach out and never heard from them. Supervisor Ruggiero then heard they were not going to come to the Town of Wappinger. At this time, 9:45 p.m., Councilman Bettina moved to go into executive to confer with Attorney regarding Boyce vs Town of Wappinger, seconded by Councilwoman McCarthy and unanimously carried. The meeting reconvened at 1002 p.m. with all board members in attendance. There was no action taken in Executive Session. 12 12/12/2005.WS Councilwoman McCarthy moved to close the meeting, seconded by Councilman Bettina and unanimously carried. The meeting adjourned at 1005 p.m. 13 John C. Masterson Town Clerk