Loading...
2008-02-11 RGMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting February 11th, 2008 7:00 PM Agenda SUPERVISOR CHRISTOPHER J. COLSEY TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:00 PM Meeting called to order on February 11, 2008 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Pledge of Allegiance III. Executive Session A. Cranberry Hills - Litigation 2008-51. B. Personnel - Civil Service Exam Results IV. Discussions 2008-52. A. Stormwater Update - Walter Artus B. Senior Accessory Housing - Councilman Bettina 2008-53. C. Collateral Source Bill - Al Roberts, David Stolman D. Assessor/Pool Vehicle - Chris Colsey E. Moratorium - Al Roberts F. Correspondence Log - Chris Masterson V. Public Portion VI. Items for Special Consideration VII. Minutes Approval 1. Monday, January 28, 2008 2. Monday, February 04, 2008 VIII. Correspondence Log 2008-49. Resolution Authorizing the Acceptance of the Correspondence Log IX. Resolutions 2008-50. Resolution Authorizing Town Clerk to Attend the NYS Annual Town Clerks Association Conference 2008-51. Resolution Authorizing Town Clerk to Utilize Vendor to Shred Documents in Accordance with New York State Retention Schedule 2008-52. Resolution Appointing Members to the Town of Wappinger Fire Safety Bureau 2008-53. Resolution for Recreation to Purchase Clay for the Robinson Lane Recreation Complex X. 2008-54. Resolution Authorizing Refund of Unused Escrow for 21 Carmel Heights (Lot 48) 2008-55. Resolution Approving the Payment of Association of Towns Annual Meeting Attendee "Per Diem" Payment 2008-56. Resolution of Authorization to Obtain Civil Service Examination Results Listing in Consideration of an Accounting Clerk to the Town of Wappinger 2008-57. Resolution Waiving the Monthly Rental Expense for the Dutchess County Sports Museum at Carnwath 2008-58. Resolution Appointing Member to the Town of Wappinger Recreation Commission Member 2008-59. Resolution Appointing Deputy Registrars to the Town of Wappinger Town Clerk's Office 2008-60. Resolution Waiving Thirty Day Liquor Authorty License Renewal Hold Period 2008-61. Resolution Approving the Purchase of a Printer for the Town of Wappinger Supervisor's Office 2008-62. Resolution Approving the Purchase of a Replacement Printer for the Town of Wappinger Accounting Department 2008-63. Resolution Appointing a Legislative Aid to the Town of Wappinger 2008-64. Resolution Appointing Member to the Town of Wappinger Zoning Board of Appeals Member 2008-65. Resolution Authorizing Town Clerk to Advertise for the Position of Town Comptroller or Town Accountant 2008-66. Resolution Appointing a Comptroller to the Town of Wappinger Town Board Review of Pending Bills XI. New Business XII. Adjournment Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ^' Minutes — Chris Masterson 845-297-5771 Monday, February 11th, 2008 7:00 PM Town Hall Call to Order Supervisor Colsey called the Meeting to Order at 7:06 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 Late 7:15 PM Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Pledge of Allegiance Executive Session Motion To: go into executive session at 7:08 PM RESULT: ADOPTED [3 TO 01 MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Christopher Colsey, William Beale, Joseph Paoloni ABSTAIN: Maureen McCarthy ABSENT: Vincent Bettina Personnel - Civil Service Exam Results Cranberry Hills - Litigation Motion To: come out of executive session at 8:32 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni IV. Discussions A. Stormwater Update - Walter Artus Supervisor Colsey opened the discussion at 8:32 PM. Walter Artus was present to discuss the Stormwater update. Mr. Artus addressed the Board. He stated that the next task is the Stormwater Management Program Annual Report, with the end of the report period being March 10th, 2008. It is due to the DEC on June 1St. He is planning meetings with George Kolb and Graham Foster to start putting together the numbers that go into the annual report. He will be back in May to present the report to the Town Board, which would be in the form of a Public Hearing. He then passed out a package to the Town Board that included ordinances pertaining to the Stormwater Program. The packets included information, applications and stormwater construction compliance inspection reports used by other Towns in the area. He went on to talk about the new DEC MS4 permit which, when official, will require some minor amendments to the ordinances just adopted. Councilman Bettina asked for some clarification on the fee schedule to make sure that it offsets the cost of the professionals. Mr. Artus replied that it does offset some of the administrative costs. Highway Superintendent Graham Foster asked if the DEC signed off on the "Snatch and Grab" Program for the brooks or does the Town have to get a separate permit for it. Mr. Artus said he would contact the DEC and would check for him. Town of Wappinger Page 1 Printed 2/29/2008 Regular Meeting Minutes February 11, 2008 Supervisor Colsey closed the discussion at 8:38 PM. B. Senior Accessory Housing - Councilman Bettina Supervisor Colsey opened the discussion at 8:38 PM. Councilman Bettina stated that several constituents have contacted him over the last several months about putting in accessory apartments. They are concerned about the costs of living and the costs of services that Social Security doesn't cover. Currently, the Town's definition of "Accessory Apartment" is for family members. If the family member passes away, leaving no other relatives to assume occupancy, the house has to be returned to its previous state. The bill that Councilman Bettina is proposing will change that to allow a 55 year old person to assume occupancy in the case of such a death. He feels his legislation will keep families together and allow seniors to afford to stay in the area. David Stolman, Town Planner, commented that he would draft a local law and prepare the SEQRA. Discussion followed. Supervisor Colsey closed the discussion at 8:40 PM. C. Collateral Source Bill - At Roberts Supervisor Colsey opened the discussion at 8:40 PM. Al Roberts, Town Attorney, explained the bill. He pointed out that there is an inequity in the law for when a municipality is sued by an employee for a negligence or personal injury action. The law has evolved to the point that a municipality can't offset any jury award to the extent that the municipality gives a disability retirement benefit. In the private sector, the disability retirement benefits would be offset against any jury award rendered to the injured employee. The bill is being supported by over 1,300 municipalities, with the overwhelming majority of towns in Dutchess County supporting it. The Law Department of the City of New York is hoping to get one hundred percent support for the passage of this bill. A resolution in support of the bill has been prepared and is now on the agenda for discussion. There was a short discussion about previous discussions and information given to the Town Board regarding this bill. Supervisor Colsey closed the discussion at 8:43 PM. D. Assessor/Pool Vehicle - Chris Colsey Supervisor Colsey opened the discussion at 8:43 PM. Councilman Bob LoColla, a representative of the Town of Fishkill Town Board, was present for comment. Supervisor Colsey then updated the Board about a meeting he had with George Kolb and Chris Harkins about doing a utilization study for the Town. He went on to discuss the salary of the Joint Assessor with the Board. He has had meetings with Supervisor Pagones, the Supervisor of the Town of Fishkill, and Joseph Ruggiero, the former Town Supervisor of the Town of Wappinger. The result of those meetings is that all parties have verified that the matter was discussed and an agreement was reached. The Town of Wappinger and the Town of Fishkill will split the salary 50-50. The Town of Wappinger share of the salary would be $42,500. Supervisor Colsey asked that the Resolution for this salary be untabled and voted on. Discussion followed. Councilman Beale asked to go on record saying that he would like the Town to formulate a Vehicle Usage Procedure. Supervisor Colsey closed the discussion at 8:46 PM. E. Moratorium - At Roberts, David Stolman Supervisor Colsey opened the discussion at 8:46 PM. He explained the purpose of a moratorium and gave a brief introduction. He noted that this moratorium was intended solely to implement the Master Plan. Albert Roberts, Town Attorney, stated that the courts in this state have upheld moratoria pending the adoption of new zoning ordinance and the development of a comprehensive plan. The Town's window of time to keep the moratorium in place is reflective of the amount of time and energy that has been put into the Comprehensive Plan studies. This moratorium will be used to implement the new zoning changes. He believes this can be accomplished in six months, similar to the 1990 moratorium. Discussion followed. David Stolman, Town Planner, then spoke about what was pending and needed to be worked on during the moratorium. He mentioned a meeting that took place in December of 2007, during which comments from the July Public Hearing were discussed. Certain areas also need to be looked at, such as the Hughsonville area, the Buyakowski parcel, Stonegate, Villa Borghese, Cranberry, the Canter property, the Chambers property, the Bartlett property and Obercreek. Councilman Beale asked about exemptions to the moratorium. Mr. Roberts explained that there would need to be a built-in appeal process for people that are adversely affected. Councilwoman McCarthy said she looks forward to finishing up the document and approving it. With no further comments or questions, Supervisor Colsey closed the discussion at 8:53 PM. F. Correspondence Log - Chris Masterson Supervisor Colsey opened the discussion at 8:53 PM. He explained how the current work Town of Wappinger Page 2 Printed 2/29/2008 T Regular Meeting Minutes February 11, 2008 flow regarding the Correspondence Log is causing a major redundancy problem. Town Clerk Chris Masterson told the Town Board that certain correspondence will be forwarded to the Board Members at least three times. Councilwoman McCarthy mentioned that there had previously been discussion about not providing duplicate documents at the dais unless specifically requested. She feels that having an entire correspondence log is not necessary. If the document contains a "CC" to the Town Board, it should be assumed that they got it. Councilman Bettina commented that there have been times in the past that his name has been on letters that he never actually received. Mr. Masterson noted that the old Correspondence Logs are on file in the Town Clerk's Office. Each document is technically a duplicate, which has no retention. He is not sure whether there is a set retention on the log as a whole. Discussion followed. Supervisor Colsey asked Mr. Roberts to research the need for a correspondence log. Supervisor Colsey closed the discussion at 8:59 PM. V. Public Portion Motion To: suspend the rules for public comment on the agenda items RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Comments from the public Concetta Olivieri asked if the Executive Session would take place at the beginning of the Meetings from now on. Supervisor Colsey replied that it would not. This Executive Session was done at the beginning for a specific reason. Ms. Olivieri was not pleased with having to wait outside for such a long time. She noted that the seating was insufficient. Discussion followed. Ms. Olivieri then commented on some of the Resolutions on the agenda. She noted that there was not enough information on the Agenda. She then asked for specific information on the Liquor License application. Again she commented that there was not enough information on the Agenda. The next Resolution that the resident commented on was for two printers. She wanted to know who was breaking printers. Supervisor Colsey explained the need for the printers in question. Next, Ms. Olivieri wanted to know who was being appointed to the Zoning Board of Appeals. Then she noted that there was a Resolution to advertise for a Comptroller or Town Accountant and a Resolution appointing a Town Comptroller. She wanted to know how both could take place. Supervisor Colsey explained that the second one would need to be tabled if the first one passes. Finally, Ms. Olivieri asked about the Assessor's salary. Discussion about the salary followed. Motion To: reinstate the rules RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni VI. Items for Special Consideration Resolution 2008-44 Councilman Bettina made a motion to untable Resolution 2008:44. The motion was seconded by Councilman Beale and passed unanimously. Supervisor Colsey read the Resolution into the record. Councilman Bettina made a motion to adopt Resolution 2008:44. The motion was seconded by Councilman Beale and passed unanimously. Motion To: untable Resolution 2008-44 and add to the Agenda by Unanimous Consent ......... ......... .. _ ..................... .................... ..111 1 ........ ............ RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 3 Printed 2/29/2008 Regular Meeting Minutes February 11, 2008 RESOLUTION: 2008-44 1V/I P Resolution Establishing a Contributing Salary for the Joint Town Assessor of the Town of Wappinger and the Town of Fishkill WHEREAS, the Town of Wappinger and the Town of Fishkill entered into an Coordinated Assessment Agreement, on December 28th, 2006; and WHEREAS, the Town of Wappinger and Town of Fishkill jointly consented to appoint Christian Harkins as the CAP Assessor; and WHEREAS, Supervisor Joseph Ruggiero of the Town of Wappinger and Supervisor Joan A. Pagones of the Town of Fishkill mutually agreed to set the CAP Assessor's 2008 shared salary at $85,000.00, on or about November 19th, 2007; and WHEREAS, Supervisor Christopher Colsey of the Town of Wappinger has personally met with Supervisor Joan A. Pagones and Comptroller Robert Wheeling of the Town of Fishkill and verified the aforementioned agreement and budget appropriation, on January 17th, 2008; and WHEREAS, Supervisor Christopher Colsey of the Town of Wappinger personally met with CAP Assessor Christian Harkins, and confirmed his personal meeting(s) with Supervisor Ruggiero and Supervisor Pagones respective to his 2008 salary; and WHEREAS, Supervisor Colsey of the Town of Wappinger confirmed the budgeted amount for the CAP Assessor with the Town of Wappinger Comptroller to be $42,500.00, on January 18th, 2008. . THEREFORE, BE IT RESOLVED, that the annual salary for the CAP Assessor shall be set at $85,000.00 in a manner to be shared equally between the Town of Wappinger and the Town of Fishkill. AND BE IT FURTHER RESOLVED, that the salaries of the persons holding the aforesaid Position shall be paid with 52 pay periods throughout the year 2008. The foregoing was put to a vote which resulted as follows: Vote Record -'Resolution RES -200844 for January 28 2008 7:00 PM Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder ® 13 ❑ ❑ ❑ Defeated Vincent Bettina Initiator ® ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter ® ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 The Resolution is hereby duly declared adopted. Minutes Approval Motion To: approve the Minutes of 01-28-08 and 02-04-08 and place them on file RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Monday, January 28th, 2008 ✓ Vote Record - Acceptance of Minutes for January 28 2008 7:00 PM Yes/Aye No/Nay Abstain Absent 0 Christopher Colsey Voter 0 ❑ ❑ ❑ Accepted ❑ William Beale Voter 0 ❑ ❑ 13 Accepted as Amended ❑ Vincent Bettina Initiator 0 ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ joseiih Paoloni Voter 0 ❑ ❑ ❑ Monday, February 04th, 2008 ✓' Vote Record - Acceptance of Minutes for February 4' 2008 7:00 PM Yes/Aye No/Nay Abstain Absent 0 Accepted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ Maureen McCarthy Seconder 0 ❑ ❑ ❑ Jos h Paoloni Voter 0 ❑ ❑ ❑ Town of Wappinger Page 4 Printed 2/29/2008 IBJ Regular Meeting Minutes February 11, 2008 VIII. Correspondence Log RESOLUTION: 2008-49 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 -200849 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 11❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter, 0 ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ 11❑ ❑ Withdrawn Maureen McCarthyoter y Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 IX. Resolutions The Resolution is hereby duly declared adopted. RESOLUTION: 2008-50 Resolution Authorizing Town Clerk to Attend the NYS Annual Town Clerks Association Conference BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town Clerk to attend the 26th Annual New York State Town Clerks Association Conference, which will be held April 27 - 30, 2008, inn Saratoga Springs, New York at an expense not to exceed $491.00. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-50 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter, 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder El ❑ ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-51 Resolution Authorizing Town Clerk to Utilize Vendor to Shred Documents in Accordance with New York State Retention Schedule BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town Clerk to contract with Shred -it to dispose of documents in accordance with the New York State Retention and Disposition Schedules at an expense not to exceed $900.00. Town of Wappinger Page 5 Printed 2/29/2008 Regular Meeting Minutes February 11, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-51 0 Yes/Aye Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder a ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator ® ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-52 Resolution Appointing Members to the Town of Wappinger Fire Prevention Bureau BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby appoints Michael Valentino, Jeff Mulligan and Theodore Mourges to the Town of Wappinger Fire Prevention Bureau in accordance with the advisement of Mark Lieberman, Town Fire Inspector and Chairman of the Town of Wappinger Fire Prevention Bureau. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-52 0 Yes/Aye No/Nay Abstain Absent ® Adopted - Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder ® ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 8 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-53 Resolution for Recreation to Purchase Clay for the Robinson Lane Recreation Complex WHEREAS, Town of Wappinger Recreation Chairman Ralph Holt has submitted a written request, dated January 25, 2008, for the purchase of twenty-five (25) tons of Beam Clay for the Robinson Lane Complex BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes said purchase at a cost of $2500.00 from Recreation Acct. A-7110.431. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-53 0 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ® ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Voter ® ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Initiator El ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-54 Resolution Authorizing Refund of Unused Escrow for 21 Carmel Heights (Lot 48) WHEREAS, on or about January 27, 2004 Fred Straub deposited One Thousand Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for "Stabilization" on 21 Carmel Heights (Lot 48); and Town of Wappinger Page 6 Printed 2/29/2008 1 Regular Meeting Minutes February 11, 2008 WHEREAS, Fred Straub has requested a refund in the amount of deposited One Thousand Five Hundred Dollars and 00/100 Dollars ($1,500.00), and has been approved by George Kolb, Code Enforcement Director to the Town of Wappinger. 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 deposited One Thousand Five Hundred Dollars and 00/100 Dollars ($1,500.00) made payable to. Fred Straub, Account Number 6258-04- 766207-0000, for the refund of the unused escrow deposited for the property located at 21 Carmel Heights (Lot 48). The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-54 D Adopted Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter EI ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ El ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Initiator El ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-55 Resolution Approving the Payment of Association of Towns Annual Meeting Attendee "Per Diem" Payment WHEREAS, Sedore & Company, appointed auditors to the Town of Wappinger, has researched the issue and presented such determination in a memo dated February 4, 2008 relative to the issue of "per diem" travel (meal) expenses; WHEREAS, it has been determined that travel expense policies and procedures are deemed the jurisdiction of the local legislative body; WHEREAS, the Town Board of the Town of Wappinger has authorized the attendance of twenty (20) elected officials, appointed officials and/or employees to the 2008 Association of Towns Conference to be held in New York City; and, WHEREAS, the Town Board of the Town of Wappinger has deliberated sufficiently on the method of travel expense reimbursement policies and procedures. BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the issuance of "per diem" meal expense checks at the rate of $64 per attendance day and calculated in accordance with the written advice of said appointed auditing firm to each attendee of the Association of Towns Conference. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-55 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder. 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-56 Resolution of Authorization to Obtain Civil Service Examination Results Listing in Consideration of an Accounting Clerk to the Town of Wappinger WHEREAS, the position of Account Clerk/Data Entry Operator was a position approved by the Town Board of the Town of Wappinger and occupied by Inez Maldonado; WHEREAS, the position is currently vacant due to a voluntary transfer of personnel; Town of Wappinger Page 7 Printed 2/29/2008 Regular Meeting Minutes February 11, 2008 WHEREAS, the position is under the jurisdiction of the New York Civil Service Agency and a current examination list exists for the respective title and titles of like nature; and, WHEREAS, the Town Board of the Town of Wappinger deems the role vital to the functions of the Town. THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town Supervisor and/or his designee to gain a prospective list of candidates through the Dutchess County Department of Personnel in accordance with the procedures set forth in New York State Civil Service, and such appointment shall be subject to personal interview by a majority of members of the Town Board and by Resolution at a regularly scheduled Town Board meeting. The foregoing was put to a vote which resulted as follows: V Vote Record - Resolution RES -2008-56 Yes/Aye Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder ® ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter Ef ❑ ,.., ❑ ❑ Joseph Paoloni Joseph Paoloni Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-57 Resolution Waiving the Monthly Rental Expense for the Dutchess County Sports Museum at Carnwath WHEREAS, the Dutchess County Sports Museum has been negatively impacted due to restricted access due to unsafe conditions at the Carnwath site; and WHEREAS, the Town of Wappinger is addressing the accessibility to the site to mitigate prolonged hardship BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the waiver of the January and February 2008 site rental payment for the Dutchess County Sports Museum. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-57 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter ® ❑ ❑ . ❑ ❑ Adopted as Amended William Beale Voter ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ 11 ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder ® ❑ ❑ ❑ Joseph Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11 th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-58 Resolution Appointing Member to the Town of Wappinger Recreation Commission Member BE IT RESOLVED, that is hereby appointed as a member of the Town of Wappinger Recreation Commission for a term of five (5) years. Town of Wappinger Page 8 Printed 2/29/2008 F, r] Regular Meeting Minutes February 11, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-58 ❑ Adopted - Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter 0 ❑ ❑ ❑ 0 Tabled Vincent Bettina Initiator El ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York February 1 l th, 2008 The Resolution is hereby tabled. Motion To: advertise for position of Recreation Commission Member RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Maureen McCarthy, Councilwoman Vincent Bettina, Councilman Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION 2008-59 Resolution Appointing Deputy Registrars to the Town of Wappinger Town Clerk's Office WHEREAS, the position of Deputy Town Clerk is an appointed position serving at the pleasure of the Town Clerk of the Town of Wappinger; WHEREAS, John C. Masterson has been duly elected Town Clerk of the Town of Wappinger WHEREAS, the Town Clerk of the Town of Wappinger hereby appoints the following persons as Deputy Town Clerk: Appointee Term Denise Macio January 1, 2008 - December 31, 2008 Daniel Passes February 6, 2008 - August 31, 2008 WHEREAS, the Town Clerk of the Town of Wappinger hereby appoints the following person as Deputy Registrar: Appointee Term Denise Macio January 1, 2008 - December 31, 2008 WHEREAS, the Town Clerk of the Town of Wappinger hereby appoints the following person as Sub Registrar: Appointee Term Daniel Passes January 1, 2008 - December 31, 2008 WHEREAS, Daniel Passes formerly served as a full-time Legislative Aid to the Town Board for a period ending December 31, 2007, the Town Board hereby reinstates his benefits status effective from February 1, 2008 without additional expense to this appointee. THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby affirms the appointments of the Town of Wappinger Town Clerk, with compensation at a rate consistent with the salary scale as established within the approved Town of Wappinger 2008 Budget. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-59 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator El ❑ ❑ 110 ❑ Tabled Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 9 Printed 2/29/2008 Regular Meeting Minutes February 11, 2008 RESOLUTION: 2008-60 Resolution Waiving Thirty Day Liquor Authority License Renewal Hold Period WHEREAS, Violet Creek Restaurant Corporation has re-applied for their Liquor License in accordance with ABC Law Section 64, Subdivision 2A (I); WHEREAS, Violet Creek is a known establishment by the Town Board of the Town of Wappinger and has operated without adverse incident affecting the Town of Wappinger or its residents; and, WHEREAS, the Town Board of the Town of Wappinger takes no exception to the approval of the Liquor License. THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby waives their right to impose a thirty (30) day hold upon the Liquor License application. The foregoing was put to a vote which resulted as follows: ✓'Vote Record - Resolution RES -2008-60 ® -- Yes/Aye Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 8 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder ® ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator ® ❑ ❑ ❑ Jos h Paoloni Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-61 Resolution Approving the Purchase of a Printer for the Town of Wappinger Supervisor's Office WHEREAS, the Town of Wappinger Supervisor does not have an assigned printer; and, WHEREAS, the Town of Wappinger Supervisor regularly prints information and documents recognized as proprietary and/or confidential in his service to the Town of Wappinger BE IT RESOLVED, that the Town of Wappinger Town Board hereby authorizes the purchase of a printer dedicated to the Town Supervisor at a value not to exceed two hundred dollars ($200.00). The foregoing was put to a vote which resulted as follows: Vote Record - ResolutionRES-2008-61 ® -- Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter a ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator ® ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy __. Seconder ® ❑ ❑ ❑ Jos h Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-62 Resolution Approving the Purchase of a Replacement Printer for the Town of Wappinger Accounting Department WHEREAS, the Town of Wappinger Accounting Department has expressed concern over the printing quality and reliability of a printer dedicated to the Bookkeeper; WHEREAS, the printer in use was formerly a shared office computer and inherited by the former Bookkeeper prior to the original contract with Duality, Inc., appointed computer consultants to the Town of Wappinger; and, WHEREAS, the firm of Duality, Inc. has determined the repair costs of the printer to exceed that of its replacement cost. BE IT RESOLVED, that the Town of Wappinger Town Board hereby authorizes the Town of Wappinger Page 10 Printed 2/29/2008 .i Regular Meeting Minutes February 11, 2008 replacement of the Accounting Department printer to a value not to exceed two hundred dollars ($200.00). The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES. -2008-62 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-63 Resolution Appointing a Legislative Aide to the Town of Wappinger WHEREAS, the position of Legislative Aide is an appointed position serving at the pleasure of the Town Board of the Town of Wappinger; and, WHEREAS, New York State Civil Service has not developed a job description for the title Legislative Aide, the Town Board of the Town of Wappinger has determined the appointee shall serve the Town Board on an individual and collective basis for the purposes of administrative support, resident communications and research, as well as, as any duties deemed necessary by the Town Board for purposes beneficial to the residents of the Town of Wappinger. THEREFORE BE IT RESOLVED, that Joseph Incoronato is hereby appointed Town of Wappinger Legislative Aide, and compensated at a rate consistent with the salary scale as established within the approved Town of Wappinger 2008 Budget. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-63 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ❑ 0 ❑ ❑ 11 Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-64 Resolution Appointing Member to the Town of Wappinger Zoning Board of Appeals Member BE IT RESOLVED, that Al Casella is hereby appointed as a member of the Town of Wappinger Zoning Board of Appeals for a term of five (5) years. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES. -2008-64 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 February 11 th, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 11 Printed 2/29/2008 Regular Meeting Minutes February 11, 2008 Motion To: amend Resolution 2008-65 to remove Comptroller from body of Resolution RESULT: ADOPTED [4 TO 11 MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: William Beale, Vincent Bettina, Maureen McCarthy, Joseph Paoloni NAYS: Christopher Colsey RESOLUTION: 2008-65 Resolution Authorizing Town Clerk to Advertise for the Position of Town Comptroller or Town Accountant WHEREAS, the Town Board of the Town of Wappinger has the fiduciary responsibility to audit all claims, expenditures, and vouchers for all monies of the town government, and WHEREAS, the Town Board had created the office of Town Comptroller and which the Town Board delegated its authority and role as the audit board to the Town Comptroller, and, WHEREAS, over the last ten years three town comptrollers were replaced mid-term, creating a vacancy in said office, and the Town Board was obligated under state law, to resume its authority and role as the audit board of the Town of Wappinger, and WHEREAS, such vacancies and high turnover in the office of comptroller causes instability in the continuity of government and compromises the Town Board's ability to assure the appropriate checks and balances are in place over financial matters, and WHEREAS, the Town Board desires to employ such individuals who are qualified to oversee and assist the Town Board in its fiduciary responsibilities to the people of the Town of Wappinger, and to establish the appropriate form of government to assure the best form of checks and balances are in place to protect the town finances. THEREFORE BE IT RESOLVED, that the Town Board review the necessity and appropriate role of the Office of Town Comptroller for the Town of Wappinger, and explore the option of creating of the position of the Town Accountant which would require such office holder to hold a duly qualified CPA license; and BE IT FURTHER RESOLVED, that the Town Board authorize the Town Clerk to advertise for the positions of Town Comptroller or Town Accountant and that such applicants for said position must hold a CPA, and salary will commensurate with appropriate experience; and, BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor or his designee to seek a list of individuals qualified by the Dutchess County Department of Personnel for the potential role of Town Accountant. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-65 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter ❑ 8 ❑ ii ❑ Adopted as Amended William Beale Voter ® 11 ❑ ❑ Defeated ❑ Tabled Vincent Bettina Voter a ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder ® ❑ ❑ ❑ Joseph Paoloni initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 The Resolution is hereby duly declared adopted. Motion To: withdraw Resolution 2008-66 RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 12 Printed 2/2912008 Regular Meeting Minutes February 11, 2008 RESOLUTION: 2008-66 Resolution Appointing a Comptroller to the Town of Wappinger BE IT RESOLVED, that the position of Town Comptroller is an appointed position serving for a two year term at the pleasure of the Town Board of the Town of Wappinger, and THEREFORE BE IT RESOLVED, that is hereby appointed Town of Wappinger Comptroller, and compensated at a rate consistent with the salary scale as established within the approved Town of Wappinger 2008 Budget. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-66 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey ❑ ❑ ❑ ❑ ❑ Adopted as Amended William Beale ❑ ❑ ❑ ❑ ❑ Defeated Vincent Bettina ❑ ❑ O El ❑ Tabled 0 Withdrawn Maureen McCarthy ❑ ❑ ❑ ❑ Joseph Paoloni ❑ ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11th, 2008 The Resolution is hereby withdrawn Motion To: amend Resolution 2008-64 for term of position RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni X. New Business A. Councilman Beale New Business Councilman Beale addressed the issue of security, specifically the area of the alarm system and non -working panic buttons. He pointed out that several are not working properly, compromising the security of the Town employees. Discussion followed. The Board noted that this is of special significance due to the recent events that took place in Missouri. Councilman Paoloni stated that the levels of security need to be balanced, and that there is no way to ensure 100% security. Councilman Beale then brought up the EMS Coordinator. He made a motion to abolish this position as he would be happy to volunteer his time to review the response times, in conjunction with the Fire Chiefs and the Town Board on a quarterly basis, in an effort to save the town $14,500. Supervisor Colsey seconded the motion, and discussion followed. Councilwoman McCarthy asked for this issue to be added to the agenda for the next Town Board Meeting, when the information of the job requirements can be gathered and the needs addressed. Councilman Beale asked the Town Board if the current EMS coordinator is still being paid. Councilwoman McCarthy replied that she had asked at a previous meeting for an accounting of Mr. Kovalsky's time and still has not received this information. She added that she would like to have this information before this position is abolished or revised. Councilman Beale again asked whether this employee is still being paid. Supervisor Colsey noted that the employee at present had received last weeks paycheck. Councilman Paoloni asked the Town Attorney if it was common practice for an individual who does not pass a civil service exam and, therefore, does not qualify for their current position, to be dismissed immediately. Mr. Roberts stated that he did not have that information but would reach out to Dutchess County Personnel and get back to the Board. Counciman Beale again asked if Mr. Kovalsky is being paid. Supervisor Colsey answered that the individual has not been dismissed and is being paid. Councilman Beale then rescinded his prior motion to abolish the EMS Coordinator position. B. Councilman Bettina New Business Councilman Bettina asked for the Town Planner, David Stolman, to get back to the Town Board regarding his proposal for a Dog Park at Castle Point. He also addressed the possibility of a fee to use the park or allowing only Town residents to use the park. Town of Wappinger Page 13 Printed 2/2912008 Regular Meeting Minutes February 11, 2008 C. Councilwoman McCarthy New Business Councilwoman McCarthy addressed Highway Supervisor, Graham Foster, about a drainage issue located at 9 Baldwin Drive. Mr. Foster stated he had sent a letter to the Board responding to this issue, and also spoke to the resident. According to the neighbor, this water has been coming out of there for 34 years. The water is pooling and freezing in front of the resident's driveway. The resident wants the Town to do something about it. Mr. Foster explained that his solution would be to place a trench drain across #7 and #9, which would be a great expense. Mr. Foster also stated that this would "open a can of worms" for other residents within the town, as this would be setting a precedence for anyone who has a positive grade driveway. Mr. Foster stated that this water is coming off of private property and this the case with most of that side of Baldwin Drive. He noted that it would cost tens of thousands of Dollars to correct. He recommended that Councilwoman McCarthy read the memo that he had drafted and submitted. Councilwoman McCarthy also asked Supervisor Colsey if it were possible to receive a monthly tally of fees paid to our Professionals. Supervisor Colsey replied that there is no Town Accountant or Comptroller and he does not have access to that software. Al Roberts, Town Attorney, noted that the Board could review the vouchers. D. Councilman Paoloni New Business Councilman Paoloni addressed the Board about a letter he received regarding the District 9 New York Painters and Allied Trades Union. They are looking to purchase a building on Airport Drive. However, they claim that the Zoning Administrator did not inform them that it is not zoned properly. It does not permit the use of a training academy. Councilman Paoloni asked George Kolb, Code Enforcement Director, for some clarification. He also asked if the Town were to allow this type of zoning, would it lead to allowing firing ranges. Mr. Kolb further reported that adjacent zone next to the parcel is Al. That would allow this. This particular parcel falls into a GB zone which does not allow this type of use. A training facility is not allowed in a GB Zone. Councilman Paoloni stated that he assumes that this will go before the Zoning Board. Discussion followed. Councilman Beale reminded Councilman Paoloni that he had mentioned adding people to the authorized list of attendees to the Association of Towns Conference. Supervisor Colsey noted that 18 people had been authorized. Councilman Paoloni asked how it would be determined which two people would be cut. Councilman Bettina discussed the Resolution that authorized the specific individuals. Discussion followed. Supervisor Colsey noted for the record that he would have to put this on his personal credit card as the Town credit card was not accepted. Councilman Bettina made a motion to increase the number of attendees to the Association of Towns Conference to twenty persons. The motion was seconded by Councilman Paoloni. Councilwoman McCarthy recommended staying within the budgeted amount and developing criteria for planning next year's authorization process. Councilman Bettina commented that the educational value of the Conference is too valuable to preclude people that would like to attend from attending. Supervisor Colsey called for a vote. Councilman Beale, Councilman Bettina and Councilman Paoloni voted "Aye". Councilwoman McCarthy and Supervisor Colsey voted "Nay". The motion passed 3-2. Motion To: increase the number of attendees to Association of Towns to 20 persons ............. _ .... _.. ... _ . -.. RESULT: ADOPTED [3 TO 21 MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: William Beale, Vincent Bettina, Joseph Paoloni NAYS: Christopher Colsey, Maureen McCarthy Town of Wappinger Page 14 Printed 2/29/2008 Regular Meeting Minutes February 11, 2008 XI. Executive Session Motion To: go into Executive Session at 10:17 PM RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Security Systems Issue Motion To: come out of Executive Session at 10:23 PM RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Maureen McCarthy, Councilwoman Christopher Colsey, Supervisor Colsey, Beale, Bettina, McCarthy, Paoloni XII. Town Board Review of Pending Bills XII1. Adjournment Motion To: adjourn at 11:53 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni The Meeting Adjourned at 11:53 PM. 01 - 0 - 14 &0 " z---, , n7C. Ma erson J Town Clerk Town of Wappinger Page 15 Printed 2/2912008