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2009-06-16 SPMTown of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Special Meeting townofwappinger.us Agenda — Chris Masterson 845-297-5771 Tuesday, June 16, 2009 7:00 PM Town Hall 7:00 PM Meeting called to order on June 16, 2009 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. L Call to Order II. Pledge of Allegiance III. Public Comments IV. Discussions A. Town Wide Moratorium - Colsey V. Special Consideration VI. New Business VII. Adjournment Town of Wappinger Page 1 t'rtntea outituv Fl, Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Special Meeting town ofwappinger.us ^' Minutes ^' Chris Masterson 845-297-5771 Tuesday, June 16, 2009 7:00 PM Town Hall I. Call to Order Supervisor Christopher Colsey called the meeting to order at 7:05 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 David Stolman Town of Wappinger Town Planner Present Al Roberts Town of Wappinger Town Attorney Present II. Pledge of Allegiance III. Public Comments Motion To: suspend the Rules for public input RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER:. Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Public Comments Councilman Bettina made a motion to suspend the Rules for public input. The motion was seconded by Councilwoman McCarthy and passed unanimously. Supervisor Colsey asked if there were any comments. There were none. Councilman Bettina made a motion to reinstate the Rules. The motion was seconded by Councilman Beale and passed unanimously. Motion To: reinstate the Rules RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni IV. Discussions A. Town Wide Moratorium - Colsey Supervisor Colsey opened the discussion at 7:07 PM. Al Roberts, Town Attorney, explained that the Town Board must decide if they would like to extend the moratorium or let it expire. He went on to explain the purpose of enacting this specific moratorium. Councilman Bettina noted that, technically, he is opposed to moratoriums. He asked, since the Town Board has not adopted the Master Plan, and since the Town is still accepting comments on the Plan, if the Town Attorney and Town Planner feel that the moratorium should be extended. Mr. Roberts feels that the Town is very close to putting the final touches on the Draft Comprehensive Plan. It makes sense to him that the Moratorium be extended until the Plan is complete and the Zoning map changes are adopted. Discussion followed. David Stolman, Town Planner, explained that the Town had originally planned on enacting all of the Zoning changes under the moratorium as well. He also explained the purpose of this moratorium. Discussion followed. Supervisor Colsey commented that his concern was whether there is a sense of urgency on this Town Board to move forward. Mr. Stolman clarified that there are only two options: the Board could either let the current moratorium lapse or extend it for 6 months. Mr. Roberts Town of Wappinger Page 1 Printed 6/23/2009 Special Meeting Minutes June 16, 2009 discussed all of the work that needs to be done. He also noted that it would behoove the Board to implement zoning changes as quickly as possible once the Plan is adopted. They have a limited number of Meetings over the summer and will probably have to address some of those Comprehensive Plan issues during those Meetings to even live up to the proposed 6 month extension. Councilwoman McCi.rtby noted that she does not feel the Towi Board has a choice. She added that they can't end the moratorium when they haven't finished the work on the Plan. She then discussed the moratorium resolution. Councilman Bettina replied that he asked the Town professionals for their opinion and they feel that the moratorium should be extended. Mr. Roberts recommended that Councilman Bettina and the Town Planner come up with a schedule for what needs to be done. Councilman. Beale commented that this is exactly why he voted against the Summer Schedule. The Board has too much work to get accomplished to be meeting less. The Local Law specifically says 6 months. Tie purpose of the Moratorium was to buy time to complete the Plan. All they have done ii. Fiat time was use the moratorium as a procrastination tool. He is convinced that, by extending the moratorium, all that will happen is more procrastination. He feels that they will be in the same position in six months having the same discussion. He also noted that the Resolution is not on the Agenda, it requires unanimous consent to be added to the Agenda and he does not support it. Councilman Bettina asked if the Councilman disagrees with the Town professionals. Councilman Beale pointed out that the Resolution is not on the Agenda. Mr. Roberts explained that he prepared the Resolution in anticipation of the Board extending the. moratorium. He doesn't see how Councilman Beale can, in good conscience, allow the moratorium to lapse when they don't have the Comprehensive Plan in place. He feels that it would be better to plot out and schedule meetings to get the Master Plan concluded, so that, in September, they could introduce Local Laws. Councilman Beale replied that they should have had that discussion prior to this Meeting. He has pushed to have additional Meetings for the Comprehensive Plan and voted against the Summer Schedule because he feels that they need to be working on it. They have not been working on this, in his opinion, as diligently as they should have been. The Resolution is not on the Agenda, he did not have the Resolution prior to the Meeting, he was not aware that it was going to be in Resolution form and it is the first time he is seeing it. Mr. Roberts again gave his opinion that is not in the best interest of the Town of Wappinger to allow the moratorium to lapse while they have a number of applications in front of the Planning Board that are contrary to some of the stated amendments in the Draft Comprehensive Plan. Councilman Beale replied that not extending the moratorium might create a sense of urgency for the Town Beard to finish the job. Councilwoman McCartl1y noted that the comment period is still open. She asked why a resident would take the time. e submit a written comment when the Beard isn't going *.o consider it anyway. Councilman Beale disagreed, stating that the moratorium and the Comprehensive Plan are separate. Councilwoman McCarthy feels that the two are tied. She went on to say that the period does not have to be six months. Councilman Beale noted that it didn't have to be six months the previous times either. Councilwoman McCarthy feels that ending the moratorium now would be premature. Mr. Roberts asked if it would help if the Board came up with a schedule. Councilwoman McCarthy replied that the Board has set the Summer Schedule. To add Meetings might not work for the Board in its entirety. The Comprehensive Plan could be the primary discussion for the scheduled Meetings. Councilman Bettina made a motion to go into Executive Session for legal opinion. Councilwoman McCarthy replied that the Town Attorney has given his opinion. She asked what legal opinion Councilman Bettina was looking for. Councilman Bettina answered that he is looking for legal opinion on whether the Board can vote on extending the moratorium or not. Councilman Beale asked how that would not be public session material. Supervisor Colsey seconded the motion. The motion was defeated 2 to 3, with Councilman Bettina and Supervisor Colsey voting "Aye" and Councilman Beale, Councilwoman McCarthy and Councilman Paoloni voting "Nay". Councilman Bettina questioned whether or not the Board can vote on the extension of the moratorium. Councilman Paoloni asked why the Resolution was not on the Agenda. Supervisor Colsey replied that he had sent a memo to the Town Clerk, Chris Masterson, asking that he call the Meeting. The Town Clerk circulates the notice. Discussion followed about the Resolution and whether or not it needed unanimous consent to be added. Supervisor Colsey read from the adopted Town Board Rules. Councilman Bettina asked what the purpose of having the Meeting was. Supervisor Colsey answered that the purpose was to discuss the potential expiration of the moratorium. Councilman Bettina replied that they have a Meeting and they can't vote on anything. Councilman Beale clarified that the Agenda says that there is a discussion. Councilwoman McCarthy added that the Board can add a Resolution, but it is clear that Councilman Beale Town of Wappinger Page 2 Printed 6/23/2009 Special Meeting Minutes June 16, 2009 - doesn't want to add the Resolution even though the Board adds Resolutions to the Agenda at every Meeting. Councilman Beale replied that that doesn't mean he has to add every single one. Councilwoman McCarthy commented that he does not, but asked why he should waste the Board's time and the Town professional's time or anyone else's time. She objects to going through this exercise when they know how it is going to turn out. Discussion followed. Councilman Paoloni made a motion to suspend the Rules. The motion was seconded by Councilwoman McCarthy. Supervisor Colsey noted that he needs to consider this motion. Discussion about whether or not the Board can suspend the Rules followed. Councilman Bettina made a motion to go into a 5 minute recess. The motion was seconded by Supervisor Colsey and passed unanimously. Mr. Roberts gave the opinion that the Board Rules, section 5: Order of Business, subsection 1(g) be amended, because, technically, they are not suspending the Rules. He then cited the Rules, section 3: Meeting Agenda; subsection 6, stating that "No item may be placed on the Agenda or considered by the Board, other than Items for Special Consideration, unless documentation relating to the Agenda Items has been delivered to the Town Clerk prior to the open of the Agenda". He recommended that the Board reconvene another Meeting as quickly as possible. Councilwoman McCarthy asked that the vote go on record moving that the Resolution that was on the dais to extend the moratorium be added to the Agenda. Councilman Paoloni seconded the Resolution. The Town Clerk reminded the Board that.they already had a motion on the table to suspend the Rules. Supervisor Colsey asked Councilman Paoloni to withdraw his motion. Councilman Paoloni replied that he would like to leave the Resolution on the table. Supervisor Colsey asked that Councilman Paoloni restate the motion. Councilman Paoloni made the motion to open up the public portion for public comments and suspend the Rules. The motion was seconded by Councilwoman McCarthy and passed unanimously. Motion To: go into Executive Session RESULT: DEFEATED [2 TO 31 MOVER: Vincent Bettina, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Christopher Colsey, Vincent Bettina NAYS: William Beale, Maureen McCarthy, Joseph Paoloni Motion To: go into a five minute recess RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Christopher Colsey, Supervisor AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Motion To: reconvene the Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Colsey, Supervisor SECONDER: Vincent Bettina, Councilman AYES: Colsey, Seale, Bettina, McCarthy, Paoloni Motion To: open up the public portion for more public comments and suspend the Rules RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureer_ McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni B. Public Comments The first resident to speak was Frank Buyakowski. He asked how many times this six months will keep getting extended. He has a senior project that he would like to put before the Town. Because of the moratorium, he can't even present it. He noted that Wappinger is the only town in southern Dutchess County that does not have a one senior citizens project. Al Roberts, Town Attorney, replied that it is necessary for the Town to implement the Town of Wappinger Page 3 Printed 6/23/2009 Special Meeting Minutes hunP 1 A 7nna Comprehensive Plan and zoning amends: -ents so that Mr. Buyakowski's projec� can go forward. Councilman Bettina a ;ain lioted that he does not like moratoriums. With the advice of the Town professionals to ex>end the mc: ntorium, the Board has to decide whether they are going to have another Meeting or not. Supervisor Colseyasked Mr. Roberts if they even have time to have another public Meeting, given the requirement for 48 hours notice. Councilman Beale noted that the Resolution defines a six month term, commencing on June 19th, 2009, and ending on December 18th, 2009. He feels that the Board has gone in circles on this and will not have a sense of urgency if it is extended for six months. Next to speak was Gary Lindstrom. He noted that plans and Zoning changes are revised and updated in towns without moratoriums all the time. He doesn't think that one is related to the other. Councilman P.aoloni asked, if any Councilperson has received contributions from someone that will benefit from the Master Plan, if the contribution should have to be disclosed or if the Councilperson would have to recuse himself. Mr. Roberts answered that they don't have to recuse themselves. He went on to say that people have the right to make political contributions to candidates of their choice and the contributions have to be disclosed by law. Councilman Paoloni noted that the Deputy Supervisor, Councilman Beale, has taken donations from Mr. Buyakowski. Councilman Beale replied that the donation is on his campaign finance disclosure and is public information. He went on to say that he is not the only person at the dais that has taken contributions and that this has not'. -:ing to do with any discussion curren .y being had. Supervisor. Colsey noted for the record that no one in the audience has written him a check for his campaign. Councilman. laoloni, Councilwoman McCarthy and Councilman Bettina all stated the same. Councilwoman McCarthy asked the Town planner, David Stolman, if, outside of the revised Meeting schedule, there were other things that would extend the moratorium beyond 90 days. Mr. Stolman answered that they may have to do a FGEIS and findings statement, which both take time to prepare. If they dedicate time at both the July and August Meetings, they may be able to get it all done in the 90 day time frame. He went on to discuss all of the remaining steps. Councilwoman McCarthy then asked Jim Horan, Town Attorney, about the reason for extending by six months. Mr. Horan answered that they would have to do a new Local Law to extend by any other amount ��)f time. Councilwoman McCarthy asked Councilman Beale to reconsider his opposition to placing this Resolution on the Agenda. She went on to say that there is no point in finishing the Master Plan if they don't extend the moratorium. Councilman Beale replied that not every town adopts a moratorium to complete a Comprehensive Plan. Councilwoman McCarthy again asked Councilman Beale to reconsider. She feels that he is essentially ignoring the advice of the Town professionals. Councilman Beale again noted that there has been no sense of urgency to get this accomplished. By entertaining the extension for six more months, all they are doing is procrastinating. They are not required to have a moratorium to finish a Master Plan. Next resident to speak was Rob Buyakowski. He noted that he has been trying to meet with his Councilperson for over a year and she will not meet with him. Councilwoman McCarthy replied that she will not meet with him because she doesn't want to be accused of making a deal. Councilman Beale noted that he has been accused of snaking a deal, even though he has a campaign finance disclosure that is available for public review. He also noted that a resident searching for the financial disclosure statements of Councilwoman McCarthy, Councilman Paoloni or Councilman Bettina would not find them. Supervisor Colsey made a motion to adjourn. The Meeting adjourned. V. Adjournment The meeting adjourned at 7:58 PM. 9J--/O-AVLz:�- ?Ohn C. Masterson Town Clerk Town of-Wappinger Page 4 Printed 6/23/2009