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2008-03-10 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 March 10`h, 2008 7:00 PM — Amended 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 March 10"', 2008 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Pledge of Allegiance III. Discussions A. Dutchess County Sports Museum (Additional Space Request) - John Resolution to Schedule a Special Town Board Meeting for the Purpose of Flanagan/Bill Emslie B. Town Hall Computer Status - Craig Roberts C. Accounting Software - Enhanced Business Systems D. Approval of Expense Vouchers - Sedore and Company E. Town Highway Garage - Graham Foster F. Legislative Aide Job Description - Town Board G. Committee Vacancies (Planning Board and CAC) - Town Board H. Abandonment of Arlene Road - Al Roberts I. Hudson Valley Cerebral Palsy Residential Project — Town Board J. Civil Service Workshop - Vincent Bettina IV. Public Hearings V. Minutes Approval 1. Monday, February 11, 2008 2. Monday, February 25, 2008 VI. Correspondence Log 2008-80. Resolution Authorizing the Acceptance of the Correspondence Log VII. Public Portion VIII. Resolutions 2008-81. Resolution to Consolidate Town Hall Security Providers 2008-82. Resolution to Schedule a Special Town Board Meeting for the Purpose of Conducting Interviews 2008-83. Resolution Appointing a Traffic Prosecutor to Town of Wappinger Traffic Court 2008-84. Resolution Authorizing the Town Supervisor to Contract with the Dutchess County Chapter of the American Red Cross 2008-85. Resolution Authorizing the Town Supervisor to Contract with a Dutchess County Drivers Education Facility for an Employee Defensive Driving Class 2008-86. Resolution to Expand Civil Service Employment Search to Include the Title of Manager of Finance and Adminstration 2008-87. Resolution to Expand Civil Service Employment Search to Include the Title of Municipal Adminstrative Assistant 2008-58. Resolution Appointing Member to the Town of Wappinger Recreation Commission Tabled 2/11/2008 7: 00 PM 2008-88. Resolution Appointing a Licensed Professional Respective to Structural Concerns of the Town Highway Garage 2008-89. Resolution to Constitute a Committee to Update the Town of Wappinger Personnel Policy/Manual 2008-90. Resolution Correcting Term of Service for a Zoning Board of Appeals Member 2008-91. Resolution to Reimburse the Former Recreation Director for Expenses 2008-92. Resolution to Amend the Town of Wappinger Personnel Policy/Manual Respective to Employee Time Clock Usage 2008-93. Resolution Authorizing the Town Supervisor to Gain Bids to Replace Audience Seating in the Common Meeting Room 2008-94. Resolution to Appoint Town Engineer to Determine Feasibility of Additional Handicapped Parking 2008-95. Resolution Authorizing Refund of Unused Escrow for 11 Gerhard Court, Lot 15 2008-96. Resolution Authorizing the Execution of the Agreement Between the Town of Wappinger and the Town of Wappinger Little League Association IX. Items For Special Consideration 2008-98. Resolution Authorizing the Town Highway Superintendent to Seeks Bids for Highway Suplies and Services 2008-99. Resolution Authorizing the Acceptance of Bids for Recreation Relative to Portable Toilets for Town Parks and Events IX. Executive Session A. MJW Reassessment - Contract Negotiation B. Verizon FIOS - Contract Negotiation X. Resolutions From Executive Session 2008-77. Resolution Authorizing a Public Hearing in Connection with Initial Franchise Agreement for Cable Television Service with Verizon New York, Inc. Tabled 2/25/2008 7: 00 PM 2008-97. Resolution Terminating Contractual Relationship with MJW Consulting, Inc. XI. Town Board Audit of Expense Vouchers XII. New Business XIII. Adjournment Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ~ Minutes ~ Chris Masterson 845-297-5771 Monday, March 10th, 2008 7:00 PM Town Hall I. Call to Order Supervisor Colsey called the Meeting to Order at 7:06 PM. Attendee Name Organization f Title Status Arrived Christopher Colsey Town of Wappinger i Supervisor Present William Beale Town of Wappinger i Councilman Present Vincent Bettina Town of Wappinger Councilman Late 9:14 PM Maureen McCarthy 3 Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Graham Foster Town of Wappinger 1 Highway Superintendent Present David Stolman Town of Wappinger ' Town Planner Present Al Roberts Town of Wappinger „ Town Attorney Present Bob Gray Town of Wappinger 1 Engineer to Town Present II. Pledge of Allegiance III. Supervisor Comments Supervisor Colsey noted for the record that Councilman Bettina would be late as he is representing the Town in the inspection of a DPW site. Councilman Bettina notified the Board and Town Clerk by email. IR IV. Discussions A. Dutchess County Sports Museum (Additional Space Request) - John Flanagan/Bill Emslie Supervisor Colsey opened the discussion at 7:08 PM. He asked if Mr. Emslie was present to address the Board. Mr. Emslie was not present. Supervisor Colsey closed the discussion at 7:09 PM. B. Town Hall Computer Status — Craig Roberts Supervisor Colsey opened the discussion at 7:09 PM. Craig Roberts, of Duality Inc., the Town's IT firm, was present to give the Board an update on the computer status at Town Hall. The floor was turned over to Mr. Roberts. Mr. Roberts was asked to offer a cost effective option for upgrading some of the computer systems in the Town Hall. Of the 44 desktop PC's, 27 are running Windows 2000 and 25 have low amounts of memory. He recommends upgrading the operating system to Windows XP Professional and upgrading the memory to 1 Gb. That would prevent the need to replace the computers with new ones. The systems would also be faster and more secure. Councilman Paoloni asked what type of processors the units were using. Mr. Roberts answered that they were all Pentium 4's, ranging from 1.5Gh to 2.OGh. He went on to say that three of the computers have Pentium 3's. One of the computers has a Pentium 4, but he was concerned that the hard drive would not last much longer. There are two computers that are not being used that could replace others. Councilman Paoloni asked for clarification that no Pentium 4's were being replaced. Mr. Roberts confirmed. Discussion followed. Supervisor Colsey then brought up an issue with the backup of the server. Mr. Roberts explained that the backup tapes currently being used take up at least 20Gb of uncompressed data and up to 40Gb of compressed data. The problem is that much of the data being backed up is approaching the 40Gb limit. He recommends buying new tapes that would hold about 72Gb of compressed data and 36Gb of uncompressed data. Councilman Paoloni asked if there was a requirement to use tapes. He asked if the Town could use a 50OGb external hard drive. Mr. Roberts explained that the benefit of using tapes was that it could easily be taken off site and stored. The Town Clerk, Chris Masterson, currently rotates tapes out to an off-site safe deposit box. If the Town was to use hard drives, Mr. Roberts recommends using more than one so that Town of Wappinger Page 1 Printed 3118/2008 Regular Meeting Minutes March 10, 2008 there could still be a rotation off site. Councilman Paoloni noted that a tape backup would be much slower. Mr. Roberts replied that the backup is being done at midnight, when no one is accessing the data. Councilman Paoloni then asked about the cost of a pair of 1 terabyte hard drives. Mr. Roberts answered that they wouldn't be too expensive and that the Town could go that route. He again noted the benefits of using tapes. Mr. Masterson explained that the tapes were being brought off-site in case of a disaster at Town Hall. The safe deposit box being used is not large enough to hold a 1 Tb hard drive. Mr. Roberts will go with whatever the Town chooses to use. Councilman Beale asked if the Town has a leasing program for computers. Mr. Roberts explained the benefits of leasing. The current issue is to make the most of the equipment that the Town currently has. In the future, he would recommend a leasing program. The Board discussed the option of donating the older computers to the library. Supervisor Colsey asked for clarification that the Board wishes to use hard drives for backup and not tapes. Discussion about the size of the drives followed. Mr. Roberts added that he will do some research and find a compact model. Councilman Beale asked how much memory the drive would need to hold. Mr. Roberts answered that the drive would hold more than the backup would need. Discussion followed. The Town Clerk noted that is looking at a website that offers 160Gb drives that are compact enough to fit in the safe deposit box. Supervisor Colsey asked that Mr. Roberts provide information on the hard drives available and a list of the comments that he just discussed. He also mentioned that the Highway Department is looking for software. Mr. Roberts explained that the software is needed to keep track of the status of all roads and sign maintenance. He is currently doing research to find adequate software. With no further comments or questions, the Supervisor closed the discussion at 7:25 PM. C. Accounting Software — Enhanced Business Systems Supervisor Colsey opened the discussion at 7:25 PM. Vince DiMoro addressed the Board. He gave a full presentation of the software to the Board using an overhead projector. Councilwoman McCarthy asked whether the software can flag escrow accounts when they hit a certain percent. Mr. DiMoro stated that the software is designed to manage escrow accounts. It would not wait to flag accounts. It would help manage the accounts accordingly. Mr. DiMoro added that the software can be modified and added to as the Town wishes. Mr. DiMoro discussed the software further. He noted that the software has been modified as the result of feedback from clients and CPAs. Councilman Paoloni asked how the data is protected from being changed. Mr. DiMoro replied that there is an access security measure that can be used to make sure that people who do not need to see certain aspects do not get to see them. He went on to address the required hardware and network requirements. Councilwoman McCarthy asked how employees would be trained. Mr. DiMoro replied that training is included and Supervisor Colsey has the proposal. The company comes in to set everything up and does not leave until it is fully functional. Councilwoman McCarthy asked if Paychex would work with this program. Mr. DiMoro answered that his company has a payroll module. He thought the Town was going to use this software for everything. Mr. DiMoro then added that, to include Paychex into this software, it would have to be by journal entry. Supervisor Colsey asked Craig Roberts, the Town's IT consultant, for his opinion regarding Access 2003 versus Access 2007. Mr. Roberts explained what this software is compatible with. Although Microsoft Office 2003 is being phased out for Office 2007, it is still the most stable and he would lean towards that one. Mr. DiMoro stated that there are almost two dozen places where Access 2007 software is being used without any problems. Councilman Paoloni added that using the 2007 version would allow for a longer life of the program. Councilwoman McCarthy asked if the time clock used by the Town can be hooked into this software. Mr. DiMoro is unaware of what our time clock is and assumes that it could not. Councilwoman McCarthy then added that part of the goal was to make those two things communicate. Mr. DiMoro would have to look into what "Time -In -A -Box" is to see if they could interface. It would most likely depend on if they are open architecture. Councilwoman McCarthy asked how long it would take to install and have everything up and running. Mr. DiMoro said he could have it completely installed and running in three or four days. He typically likes to spread it out over a few weeks so that the employees being trained aren't overwhelmed. Discussion about installation followed. Supervisor Colsey read portions of the proposal. The cost for the software, support and on-site setup and training, which includes 20 hours of training, is $13,949. Mr. DiMoro talked about the fees in more detail. Discussion about importing the information from the old system followed. Mr. DiMoro recommends keeping the old system running for the time being and not bothering to import the old information. Manually transferring data to the new system would Town of Wappinger Page 2 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 result in a significant amount of faulty data. With no further comments or questions, Supervisor Colsey closed the discussion at 7:57 PM. D. Approval of Expense Vouchers — Sedore and Company Supervisor Colsey opened discussion at 7:57 PM. He mentioned that, at the last meeting, the Board had some questions for Sedore & Co. regarding the practice of signing the vouchers collectively. Linda Hannigan, of Sedore & Co., was present to address the Board. She had a prepared memo to give the Board. Discussion followed about the procedure the Town must follow in the auditing of bills, according to the Financial Management Guide and Town Finance Law Section 119. Ms. Hannigan summarized the Law and the opinions of the New York State Comptroller's Office. She noted that the best method to document that each voucher has been audited by the Board would be each Board Member initialing the vouchers. This would be followed by adopting a Resolution approving the abstract. Councilman Paoloni asked for clarification. Ms. Hannigan clarified. Discussion followed. Councilman Paoloni asked how having a Town Accountant, which is a civil service position, would change this process. Ms. Hannigan answered that it would be the same procedure and would only change if there was a Town Comptroller. A Town Comptroller would be given the authority to authorize the payment of bills in place of the Town Board. Discussion about the procedure taken during past times without a Comptroller followed. Councilman Paoloni noted that the Board was told by one of the applicants that the Board could review the bills on their own and approve the abstract at the Town Board Meeting. Ms. Hannigan's understanding of the Finance Law differed. Councilman Paoloni pointed out that the Board only approved the abstract in the last few cases that the Town was without a Comptroller. He asked if the Town would have to go back and revisit those bills. Ms. Hannigan answered that the Town would not. He asked if the Town was doing things wrong in that case. Ms. Hannigan explained that it was noted in the audits performed by her firm, but was an insignificant issue and was not brought to the attention of the Town. Councilman Beale asked if having this procedure means that the Town Board will have to sign the abstract as well as initial each voucher. Ms. Hannigan confirmed. That would be the case if there was not a Comptroller. Councilman Beale then asked if it would make more sense to have a Town Comptroller since Wappinger was a Town of the First Class. Ms. Hannigan said that due to the volume of bills she would recommend there being a Town Comptroller. Councilman Paoloni noted that the alternative would be to sign each bill. He noted that Sedore & Co. had been the Town's auditing firm for years and asked why this procedure had never been brought to the Board's attention when this situation had arisen during the previous two Supervisor's tenures. Ms. Hannigan said she can only speak to 2006. Supervisor Colsey asked her to answer in regards to 2006. Councilwoman McCarthy pointed out that Ms. Hannigan had just said she didn't tell the Board. Ms. Hannigan stated that the situation was taken care of by the end of the year. Supervisor Colsey asked if that was notated anywhere. Ms. Hannigan said it is in the work papers but did not come to the Town. Councilwoman McCarthy stated that this is not the first Comptroller that the Town has done without and if that comment was in the work papers then it was worth commenting on. She feels that it was a significant issue to report. Discussion about the New York State Comptroller's audit reports and the practice of other Towns followed. Councilwoman McCarthy feels that it should be reasonable for the Supervisor to submit the abstract of bills for the Board to vote on and approve. The Supervisor would verify that the papers were complete and ready to be approved. Councilman Beale pointed out that Ms. Hannigan was saying that the Board needed to sign each voucher. The Board could not simply sign the abstract. Councilman Paoloni mentioned other Towns in New York that were using the process described by Councilwoman McCarthy. Councilman Beale asked if Councilman Paoloni was suggesting going against the opinion of the New York State Comptroller's Office. Councilman Paoloni asked why other Town's were permitted to use this process. He went on to say that, until he gets an explanation why the other Towns can use the simplified method, he can't see that Wappinger would be doing something against the New York State Comptroller's recommendation. Councilwoman McCarthy asked if the reports given to the Board were Ms. Hannigan's opinions on the audits based on what she has read or if it was written specifically in law. Ms. Hannigan answered that it is not separately stated in the Local Finance Law. It says that the Board is responsible to audit the bills. It is the opinion of the New York State Comptroller's Office, in doing their audits, where the levels of responsibility are specified. Councilman Paoloni asked if it were correct that the Town would not be breaking any laws if it were to audit the bills consistent with the other Towns that use this simplified method. Councilman Beale asked how the Town could do something inconsistent with the New York State Comptroller's Office, when the Town's CPA was telling the Board how it should be done. Councilman Paoloni replied that that was exactly his point. He did not understand how the Town of Newburgh could Town of Wappinger Page 3 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 do something inconsistent with the State of New York. Ms. Hannigan answered that the Town of Newburgh may not have had an audit done by the State Comptroller's Office in the past few years. Councilman Beale did not want the Town to be audited and found to be negligent in doing the bills in the way it chooses. Councilman Paoloni did not want selective enforcement. Councilman Beale stated that he wants a Town Comptroller. Councilman Paoloni stated that a Comptroller needs to be taken out of the political process. The Town has had Comptrollers quitting and being fired. He is tired of hiring new Comptrollers. He noted that a well qualified person interviewed for the Comptroller position, but would not take the job as it would have been subject to political swings. The position would not have been protected by Civil Service and could jeopardize her future. Supervisor Colsey asked that Ms. Hannigan provide the materials that Councilman Paoloni had asked for. She will provide the New York State Comptroller's Office opinions that she had been referring to. The Supervisor asked if the Board would agree to sign the vouchers that were presently before the Board. The Board agreed. Discussion about the process of approving these bills followed. Al Roberts, the Town Attorney, described the Resolution that would need to be drafted. He recommended that Ms. Hannigan look into the process that the Town of Newburgh used. Supervisor Colsey closed the discussion at 8:25 PM. E. Town Highway Garage — Graham Foster Supervisor Colsey opened the discussion at 8:25 PM. Graham Foster, Town Highway Superintendent explained the situation. Last year, Don Swartz was asked to take a tour of the Highway Garage to develop a list of deficiencies and prepare a report for the Board. Mr. Foster went on to say that Mr. Swartz completed the report, but neither he nor the Town Board has seen it. He feels that Mr. Swartz should be asked to come present the report to the Board. At that point, the Town would have to decide what actions to take. Supervisor Colsey asked Mr. Foster to describe the scope of work. Mr. Foster again noted that he has not seen the report. He knows that the Town has paid Mr. Swartz, but the report was never submitted. Mr. Foster offered to take the Board through the garage to see the problems. He listed several of the problems. He has come before the Board several times with the mechanical engineer from the other side of the River. The Town is not able to be compliant with the requirements associated with the Bulk Petroleum License. One proposal was submitted and rejected due to the lack of an apprentice program. Another bid was conducted but never went anywhere. Councilman Beale commented that this is a major hazard and he doesn't know why this is the first time he is hearing about it. He asked who authorized Mr. Swartz to do the report. Mr. Foster answered that Joseph Ruggiero, the former Supervisor, made the authorization. Mr. Foster stated that he asked Mr. Ruggiero several times if he wanted Mr. Swartz to give the presentation. He doesn't know why the former supervisor chose to hold it. Councilman Beale again asked why this is the first that he is hearing about it. Mr. Foster recommended asking Mr. Ruggiero. Discussion followed. Councilman Beale asked what month the report occurred. Mr. Foster believes it was done during August of last year. Al Roberts, the Town Attorney, recommended authorizing the report to be put in written form if one doesn't already exist. Councilman Beale was concerned how much of the report would be relevant, having been prepared eight months ago. He noted that this is a priority. Supervisor Colsey summarized that the Board wants to find out what Mr. Swartz has prepared. Mr. Foster added that he will find out what Mr. Swartz has and report back to the Board. Mr. Roberts clarified that the Board is to ask what Mr. Swartz has, but, if a written report does not exist, he is to prepare and provide one. Discussion followed. Supervisor Colsey closed the discussion at 8:37 PM. F. Legislative Aide Job Description — Town Board Supervisor Colsey opened the discussion at 8:37 PM. He had circulated the Legislative Aide job description at the last Town Board Meeting. The topic was placed on the Agenda for this Meeting to see if there were any comments. Councilwoman McCarthy noted that she is very pleased with the work that Joe Incoronato has been doing since his appointment as Legislative Aide. Councilman Beale asked Mr. Incoronato if he had any questions about the job description. Mr. Incoronato replied that he had not seen the description yet and asked if he could give comments at a later time. The Board agreed. Councilman Beale echoed Councilwoman McCarthy's comments about Mr. Incoronato's performance. With no other comments, Supervisor Colsey closed the discussion at 8:39 PM. G. Committee Vacancies (Planning Board and CAC) — Town Board Supervisor Colsey opened the discussion at 8:39 PM. The Town Clerk, Chris Masterson, is in the process of correcting errors in the rosters of the Board Members in the various Boards of Town of Wappinger Page 4 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 the Town. The Supervisor noted that the Planning Board has one vacancy due to the resignation of Mr. Finch. He did not know of any vacancies on the ZBA. The Recreation Commission had one vacancy. Councilman Paoloni asked if this was the vacancy that was just advertised for. Supervisor Colsey confirmed that the ad had been published. Councilwoman McCarthy asked if responses had been received regarding the Recreation position. Mr. Incoronato replied that he had given a portfolio to the Supervisor that contained old applications. He also thinks there are two applications, one which may have been an employment application and the other a volunteer application. Supervisor Colsey recalled talking to Mr. Incoronato and asking about the resumes. Mr. Incoronato agreed and added that he organized the resumes and handed them to Dot Groark, the supervisor's acting secretary. Supervisor Colsey was not aware that those were forwarded to him. He commented that there may have been a misunderstanding. He was under the impression that there was one application for a paid position. Mr. Incoronato stated that he will look again when he gets back to the office. Supervisor Colsey again noted that there is one vacancy that has been vacant for nearly one year. The Conservation Advisory Council has no appointed members. There are six vacancies to be filled. The Board of Assessment Review has no vacancies. Councilwoman McCarthy asked what the responsibilities are for the Recreation Commission vacancy. Ralph Holt, the Chairman of the Recreation Commission, explained the duties. He has broken down the playgrounds to the Commission Members. He also assigns the Members to programs such as Baseball, Basketball, Soccer, etc. They all have assigned responsibilities and submit reports on a monthly basis. Councilwoman McCarthy asked if they needed to be available during the day or on weekends. Mr. Holt replied that the Commission Members absolutely need to be available during the day, especially during the summertime. Supervisor Colsey noted that he has asked David Stolman, the Town Planner, to research whether the CAC is a required Board. Mr. Stolman referred to GML section 239(x), that covers Conservation Advisory Councils. He summarized the section. Discussion about the CAC followed. Supervisor Colsey asked if the Board would like to advertise for the position. Councilman Paoloni made the motion to advertise for the CAC Board. The motion was seconded by Councilwoman McCarthy and passed unanimously. Councilman Beale asked if the Town had adopted a Resolution that requires vacancies for these Boards to be advertised and interviews to be conducted before being filled. Councilman Paoloni explained that it was a "Gentleman's Agreement". He was confident that there was no documentation. Councilman Beale commented that it was inconsistent that the Board is voting to advertise and interview for these Boards, while the Ethics Board is arbitrarily appointed. Councilman Paoloni explained the difference between the Ethics Board and the other Boards. Discussion followed. Supervisor Colsey closed the discussion at 8:52 PM. Motion To: advertise for positions for CAC RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina H. Abandonment of Arlene Road — Al Roberts Supervisor Colsey opened the discussion at 8:52 PM. Al Roberts, Town Attorney, addressed the Board about an issue surrounding Arlene Road. This is a road within an apartment complex on Maloney Road. It was brought to Supervisor Colsey's attention that, when the apartment complex changed ownership, the title search noted that the road had been dedicated to the town. It was then brought to Mr. Roberts's attention that a deed was filed in the Dutchess County Clerk's office. He explained that he will research whether the town has ever accepted the road as a town road. The road has not been maintained or used by the town. The Town was ill-advised to accept it. Mr. Roberts further stated that if the road was accepted by the town, it would need to be sold back to the Village Crest Apartment Complex. This project was approved back in the 1960's, which was prior to or around the same time that the zoning ordinance came into effect. Graham Foster, Highway Superintendent, stated that the Highway Department had never maintained this road within this complex. Mr. Roberts clarified that this is not a situation where the road could be abandoned. The town would have to go through the process to sell it back. The Village Crest Property owners would like this property back. They had apparently thought it was theirs since the beginning and had been maintaining it as such. Discussion followed. Supervisor Colsey closed the discussion at 8:57 PM. Town of Wappinger Page 5 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 V. VI. 1. Hudson Valley Cerebral Palsy Residential Project — Town Board Supervisor Colsey opened the discussion at 8:57 PM. This potential residential project was presented to the Board at the last meeting. The project is to be located behind the Masonic Lodge. Mr. Colsey received black and white drawings and added this item to the agenda as there is only a 40 day window for the Town to respond. Supervisor Colsey asked David Stolman, Town Planner, for additional insight on this project. Mr. Stolman did not have anything to add. He did, however, state that the town is not saturated with these types of uses. That would be one of the reasons that the Board could have given to make the Foundation make changes. Councilwoman McCarthy recalled that the Board was impressed with the project but was looking for a clearer vision on what the project would look like. She believes that the organization has provided those answers with the drawings. Councilman Beale asked for clarification on the location of the project. Supervisor Colsey reminded the Board that the purpose of discussing this issue was to gather comments. Mr. Stolman asked where the issue was in regard to the 40 day window. Supervisor Colsey explained that the window will close during the upcoming week. Councilman Paoloni recommended holding an informational meeting for the neighboring residents. Councilwoman McCarthy made a motion to authorize the Supervisor to write a letter of support for this project. The motion was seconded by Councilman Paoloni and passed unanimously. Supervisor Colsey closed the discussion at 9:03 PM. Motion To: authorize Supervisor to Draft a Letter of Support RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni J. Civil Service Workshop — Vincent Bettina Supervisor Colsey opened the discussion at 9:03 PM. He explained that Councilman Bettina had asked for this discussion to be added to the Agenda. The Supervisor believes that the purpose was to have Civil Service attend the Meeting. The Supervisor asked for Civil Service to attend, but they were not able to. This discussion will be put off until the next Meeting. Supervisor Colsey closed the discussion at 9:03 PM. Minutes Approval Monday, February 11 th, 2008 *10'Vote Record - Acceptance of Minutes for February 11*, 2008 7:00 PM Yes/Aye No/Nay Abstain Absent ® Accepted Chnstopher Colsey Voter ._ _; ® ❑ ❑ ❑ 13Accepted as Amended William Beale Seconder ® l7 ❑ l7 ❑ Tabled Vincent Bettina Voter _ ❑ ❑ ❑ ®,... Maureen McCarthy Initiator ® ❑ ❑ ❑ Joseph Paoloni Voter ® ❑ ❑ ❑ Monday, February 25th, 2008 ✓'Vote Record - Acceptance of Minutes for February 25" 2008 7:00 PM Yes/Aye No/Nay Abstain Absent ® Accepted Christopher Colsey Voter ® l7 O l7 ❑ Accepted as Amended William Beale Seconder William -Bea -le, _ . _............ ® �._._. ❑ _ _ -__ . ❑ __. _ _ _ ❑ ._.... _ 11 Tabled Vincent Bettina Voter ❑ ❑ ❑ 0 Maureen McCarthy Initiator ® ❑ ❑ ❑ Joseph Paoloni Voter ® ❑ ❑ ❑ Correspondence Log RESOLUTION: 2008-80 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. Town of Wappinger Page 6 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-80 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter D ❑ ❑ ❑ ❑ Adopted as Amended William Beale seconder0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ___.. ❑ ❑ ❑ 0 ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10'', 2008 The Resolution is hereby duly declared adopted. VII. Public Portion Motion To: suspend the Rules for Public Comment on the Agenda Items RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Christopher Colsey, William Beale, Maureen McCarthy, Joseph Paoloni ABSENT: Vincent Bettina Public Comments Councilman Beale made a motion to suspend the Rules for public comment on the Agenda items. The motion was seconded by Councilwoman McCarthy and passed unanimously. The first resident to speak was Concetta Olivieri. She first asked about the Town Highway Garage issue. She asked about an inspection that the Fire Department would do. She asked how many millions of Dollars it will cost her if an employee gets hurt. Supervisor Colsey deferred to Graham Foster, Town Highway Superintendent. Mr. Foster answered that the last time the inspection was done was approximately ten years ago. Ms. Olivieri mentioned some of the problems with the building that Mr. Foster had discussed. She does not understand the logic of allowing ten years to pass and wanted to know what Mr. Ruggiero did while he was Supervisor. She had a problem with wanting to spend $24,000,000 on Carnwath Farms when the Highway garage, where people work, is dangerous. Supervisor Colsey replied that he could not speak for the former Supervisor, but he supports correcting the problems at the Highway garage. Ms. Olivieri next spoke about the Ethics Committee. She asked why the Ethics Committee was not voted on by the public and does not have qualifications written that justify passing judgment on the various Boards. She asked what the qualifications are. Supervisor Colsey replied that Councilman Paoloni and Councilman Beale were at the Association of Towns class on Boards of Ethics. Councilman Paoloni noted that the Town Clerk, Chris Masterson, was also at the course. He explained that the Ethics Board's purpose is for the gathering and disclosure of information, not to pass judgment. Supervisor Colsey asked if it was correct that there was no degree or other qualifications needed. Councilman Paoloni added that it was the same as the Town Board, Planning Board, Zoning Board, etc. Ms. Olivieri followed up by asking how the Ethics Board convenes and how someone would get in touch with the Ethics Board. Councilwoman McCarthy answered that it is in the Town Code. Ms. Olivieri asked if this meant she had to buy the code to get this information. Councilwoman McCarthy replied that it was available online. Ms. Olivieri asked what section of the Code it was in. Councilwoman McCarthy answered that the section was Chapter 20, sections 20-1 through 20- 11. She summarized part of those sections. The next resident to speak was Roger Connor. He is the Government Relations Director for Cablevision. He noted that there is a Resolution on the Agenda to set a Public Hearing date for the Verizon Cable TV Franchise. He noted that the Town has been very conscientious in maintaining a level playing field between Cablevision and Verizon during these contract negotiations. He asks that, if the Board decides to move forward with the Resolution, they consider setting the Public Hearing date with ample time for Cablevision and Verizon to meet with Al Roberts, the Town Attorney, to discuss what Cablevision feels are deficiencies in the Verizon Franchise Agreement. Supervisor Colsey noted that there is an Executive Session discussion scheduled for this topic. Councilman Paoloni asked if the Board would be notified of the deficiencies during Executive Session. Mr. Roberts was not aware of the deficiencies. Councilman Paoloni noted that he would like to move forward one way or another. Mr. Roberts explained the process and where the Town is in that process. Councilman Paoloni asked about Town of Wappinger Page 7 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 the Executive Session and how the Town can move forward. Mr. Roberts answered that there is a brief Executive Session and Mr. Connor will point out what the deficiencies are. Councilman Paoloni asked if Mr. Connor would be joining the Board in Executive Session. Mr. Roberts answered that Mr. Connor would not. If Cablevision has issues with the contract, they should be brought out at the Public Hearing. Councilman Paoloni followed up by asking if this would hold up the Resolution to set the Public Hearing that was on the Agenda. Mr. Roberts replied that it wouldn't. Ms. Olivieri asked to comment on Verizon. She wanted to remind the Board that she stated at the last Town Board Meeting that Verizon was in the area illegally. She does not feel that the Town should give any leeway to a company that operates like that. She will bring this up again at the Public Hearing. The next resident to speak was Mary Schmalz. She asked if Verizon has been approved in any other areas in Southern Dutchess. Mr. Roberts replied that they have. Mr. Butler, a representative from Verizon clarified that there are none in Dutchess County or Putnam County. The only municipalities in the area are in Westchester and Rockland Counties. The next person to address the Board was Ralph Holt, Recreation Commission Chairman. He noted that there is a Resolution on the Agenda for time clock usage. He was concerned how this would affect Recreation Maintenance. The maintenance facility, or barn, is on Montfort Rd. To clock in at the Town Hall and then go to the barn takes about 20 minutes. To do this in the morning and evening is 40 minutes. It would be 200 minutes for a full week. In other words, he is losing three hours per week. This translates to approximately $50.00. For four weeks in a month, it would be $200.00. There are three full-time employees that this would affect. This calculates to $600.00. The cost to put a clock in the barn would probably be $250.00. He recommends doing exactly that. He then mentioned an issue with parking the recreation vehicles at the Town Hall. The workers come to Town Hall to clock in. They then drive the truck out to the barn to load up. Then at the end of the day, they unload the truck at the barn and park it at Town Hall. The department has worked for years to make the barn suitable for storing the vehicles indoors. Mr. Holt feels that the department is losing money in both areas discussed. Councilman Paoloni asked why the Recreation Department couldn't have a clock at the barn. Supervisor Colsey mentioned that the clock at Town Hall cost about $1000. They would first have to determine if a clock out there would be able to communicate with the Paychex system. Councilwoman McCarthy added that the Town may realize a savings by putting a clock out there. She feels the issue should be looked into. Discussion followed. Supervisor Colsey addressed the vehicle issue brought up by Mr. Holt. He noted that it is addressed in the personnel policy. The policy states that all Town vehicles must be parked in the back of Town Hall. Councilman Paoloni commented that he had no problem with locking the vehicles up at the Montfort Road location. He asked if anyone else on the Board had a problem with it. Supervisor Colsey pointed out that that is what was happening in the past, but the policy states otherwise. Councilman Paoloni mentioned revising the policy. Supervisor Colsey then mentioned an issue with an employee that has been permitted to take a Recreation vehicle home. Mr. Holt explained that the employee was given permission to facilitate the conduct of additional duties, specifically the opening and closing of Carnwath. Mr. Holt is asking for permission to continue this practice. Councilwoman McCarthy asked if the employee lived closer to Carnwath than Town Hall. Bob Sheridan, Town Maintenance Mechanic, noted that he was under the impression that this was approved by the Board over a year ago. Supervisor Colsey stated that the current Board was not aware of this exception. Mr. Sheridan again stated that his department was under the impression that they were authorized to take the vehicle home to open and close the gate. Mr. Holt clarified that he was unsure whether the Town Board was notified. He does know that the former Supervisor gave permission. Supervisor Colsey was concerned whether this was outside the scope of services and what the exposure to the Town would be. Councilman Beale added that this employee was not even on the time clock during the conduct of this work. He had a problem with anyone taking a Town vehicle home unless they have a specific duty that requires them to be on call 24 hours a day. He wanted to know why the employee couldn't come to the Town Hall to clock in and pick up the truck before opening the gate. Mr. Sheridan asked what the Councilman wanted the employee to do at night when closing the gate. He pointed out that this makes sense during the winter, when it gets dark around 4:00 PM. During the summer, the employee may not be locking the gate until after 8:00 PM. Discussion followed. Mr. Holt noted that he hopes the caretaker's apartment will be completed soon so that this won't be an issue. He is hoping that the Reese donation could be used for the needed modifications and repairs. Supervisor Colsey asked that the Board to say yes or no regarding the vehicle usage. Councilman Beale again pointed out that he has a problem with an individual having a vehicle and using it to go shopping, with the possibility of getting into an accident. The Board should look at liability in making a decision. Supervisor Colsey added that the Board would need to state that there would be no unauthorized personal use of the Town vehicles. Councilman Beale clarified that his point is that there needs to be something in Town of Wappinger Page 8 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 writing. Supervisor Colsey added that this is in the personnel policy under section 14 on page 22. Discussion followed. The Board summarized the points discussed with Mr. Holt. Councilman Beale made a motion to reinstate the Rules at 9:35 PM. The motion was seconded by Councilwoman McCarthy and passed unanimously. Motion To: reinstate the Rules RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Vlll. Resolutions RESOLUTION: 2008-81 Resolution to Consolidate Town Hall Security Providers WHEREAS, the Town of Wappinger currently holds separate accounts for its Town Hall security system and panic alarm system; WHEREAS, the current Town Hall security system is greater than twenty years old and has exhibited intermittent malfunctions; WHEREAS, current security systems provide the ability to offer individual codes to each user to aid in the determination of security concerns; and, WHEREAS, the consolidation of accounts provides a savings to the Town in monthly central station monitoring fees BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town Supervisor to contract with Platt's Country Village Locksmith of 1488 Route 9, Wappingers Falls NY 12590 for the amount of $978.00 for equipment replacement and $24/month in central station monitoring. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-81 Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10th, 2008 The Resolution is hereby duly declared adopted. Motion To: amend Resolution 2008-82 to set date to be Monday, March 24th, 2008, at 6:30 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-82 Resolution to Schedule a Special Town Board Meeting for the Purpose of Conducting Interviews BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby directs the Town of Wappinger Town Clerk to provide notice to the Poughkeepsie Journal and Southern Dutchess News for the sole purpose of conducting interviews for vacancies related to the Town of Wappinger Accounting Department for Monday, March 24th, 2008, and commencing at 6:30 PM. Town of Wappinger Page 9 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-82 Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsgy Voter ® ❑ ❑ ❑ .... 11 Adopted as Amended William Beale Voter ® 11 ❑ ❑ 13 Defeated Vincent Bettina Voter m ❑ ❑ ❑ 13 Tabled Maureen McCarthy Initiator ® ❑ ❑ 11 ❑ Withdrawn Joseph Paoloni Seconder ® ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10`h, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-83 Resolution Appointing a Traffic Prosecutor to Town of Wappinger Traffic Court WHEREAS, the Town of Wappinger Town Board has appointed Albert Roberts, Esq. as the Town Attorney at the 2008 Reorganization Meeting; and WHEREAS, it has been reported by the Court office that a weekly average of 35 traffic related violations are dismissed for a "Failure to Prosecute" at the regular Tuesday evening session of the Town Court due to a lack of attendance by the enforcement agency of jurisdiction; and WHEREAS, the dismissal of traffic related violations leads to a loss in revenues to cover Court related expenses; and WHEREAS, the appointment of a Traffic Prosecutor is permissible to stand in the place of an enforcement agency not in attendance to ensure the prosecution of such traffic related violations; and WHEREAS, the expenses to appoint a Traffic Prosecutor are substantially outweighed by the projected revenues of the prosecutions NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby appoint the Town Attorney, or his designated associate, to serve as a Traffic Prosecutor to the Town of Wappinger Traffic Court. The foregoing was put to a vote which resulted as follows: 0" Vote Record - Resolution RES -2008-83 yoke No/Nsy Abstain Absent 0 Adopted Christopher Colsey Voter f� ❑ ❑ ❑ ❑ Adopted as Amended Beale Initiator EI ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Seconder EI ❑ ❑ ❑ Tabled 13 Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Jose h Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-84 Resolution Authorizing the Town Supervisor to Contract with the Dutchess County Chapter of the American Red Cross WHEREAS, the Town of Wappinger currently is not listed as an Emergency Shelter or Operations Center with the Dutchess County Chapter of the American Red Cross; and WHEREAS, the Town Board of the Town of Wappinger supports the Red Cross in its mission to provide support to residents during a time of personal or widespread crisis BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town Supervisor to contract with the Dutchess County Chapter of the American Red Cross. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town Attorney to review said contract prior to its execution. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby directs each Department Head to ensure full compliance with the Department of Homeland Security National Incident Management System (NIMS). BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger Town of Wappinger Page 10 Printed 311812008 Regular Meeting Minutes March 10, 2008 hereby authorizes the availability of training for First Aid, CPR and/or AED usage at Town Hall for all interested employees. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-84 0 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10`l', 2008 The Resolution is hereby duly declared adopted. Councilwoman McCarthy Comments Councilwoman McCarthy was concerned about the condition of the Town Hall. She asked if it would be prudent to approve this Resolution. Councilman Paoloni noted that the Town holds Town Meetings in Town Hall already. Councilman Beale added that the Town Hall is already the Emergency Operations Center in the Emergency Response Plan. Supervisor Colsey asked that Councilwoman McCarthy's comments be included in the Minutes. RESOLUTION: 2008-85 Resolution Authorizing the Town Supervisor to Contract with a Dutchess County Drivers Education Facility for an Employee Defensive Driving Class WHEREAS, the Town of Wappinger employs persons who routinely utilize Town owned vehicles for inspection purposes; WHEREAS, the Town of Wappinger regularly underwrites the cost of Defensive Driving School (6 hours) for Town employees for the purpose of reducing injuries, property damage, and other liabilities, as well as lessening insurance costs; WHEREAS, the Town of Wappinger has employees whose Defensive Driving certification is soon to expire or have not taken such training due to employment since the last opportunity; WHEREAS, the Town of Wappinger is a member of the Public Employer Risk Management Association (PERMA) since 2007; and WHEREAS, the Public Employer Risk Management Association (PERMA) offers a fifty percent reimbursement for Defensive Driving Class (6 hour) for employees of municipal members upon successful completion. BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town Supervisor to negotiate and contract with a Dutchess County Drivers Education Facility for the purpose of providing the Defensive Driving Class (6 hour) for employees, preferably at a group discount rate. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger agrees that said training is to be solely underwritten for employees of the Town of Wappinger. Any non -employees attending this training shall do so at no cost to the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-85 No/Nay Abstain Absent 0 Adopted Christopher ristopher Colsey Voter 0 ❑ ❑ 11Yes/Aye ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled ❑ Maureen McCarthy Voter El ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10t', 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 11 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 RESOLUTION: 2008-86 Resolution to Expand Civil Service Employment Search to Include the Title of Manager of Finance and Administration WHEREAS, the Town of Wappinger Accounting Department incurred a vacancy relating to the position of Town Comptroller effective January 25, 2008; WHEREAS, the Town Supervisor met with Dutchess County Personnel on February 14, 2008 in accordance with Resolution 2008-65, as amended during the course of deliberation and adopted on February 11, 2008 WHEREAS, the Town Supervisor requested a current (2007) Civil Service listing for the position of Town Accountant; No/Nay WHEREAS, the current Civil Service list was provided to the Town Board as supporting Absent documentation to this resolution; __ Chnsboher Col_sey WHEREAS, the Town Supervisor and Town Clerk advertised the vacancy in the ® Poughkeepsie Journal, Southern Dutchess News and Time Herald Record; ❑ WHEREAS, Dutchess County Personnel advised of the existence of a Civil Service title ❑ Adopted as Amended similar in nature to "Town Accountant", but offering greater flexibility to the Town of Seconder Wappinger in determining the criteria for appointment; and, ❑ WHEREAS, a copy of the Civil Service job description for Town Accountant and ❑ Manager of Finance and Administration have been provided to the Town Board for consideration Vincent Bettina of expanding the Civil Service employment search. 0 BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby resolves to ❑ expand its Civil Service employment search to include the title of Manager of Finance and Tabled 11 Withdrawn Administration. Voter BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger ❑ maintains its intentions to abolish the appointed role (Civil Service Exempt Class) of Town ❑ Comptroller for the purpose of filling such vacancy with a Civil Service (Competitive Class) Joseph Paoloni employee. m BE IT FURTHER RESOLVED, that this resolution in no way shall otherwise modify ❑ Resolution 2008-65, as amended during the course of deliberation and adopted on February 11, 2008, beyond that which is expressly stated within the body of this document. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-86 Yes/Aye No/Nay Abstain Absent 13 Adopted __ Chnsboher Col_sey Voter ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder ® ❑ ❑ ❑ 13 Defeated ® Vincent Bettina Initiator 0 ❑ ❑ ❑ Tabled 11 Withdrawn Maureen McCarthy Voter m ❑ ❑ ❑ Joseph Paoloni Voter m 11 ❑ ❑ Dated: Wappingers Falls, New York March 10th, 2008 The Resolution is hereby tabled. RESOLUTION: 2008-87 Resolution to Expand Civil Service Employment Search to Include the Title of Municipal Administrative Assistant WHEREAS, the Town of Wappinger Accounting Department incurred a clerk vacancy effective January 1, 2008; WHEREAS, the Town Supervisor met with Dutchess County Personnel on February 14, 2008 in accordance with Resolution 2008-56, as adopted on February 11, 2008; WHEREAS, the Town Supervisor requested a current Civil Service listing for the position of Account Clerk; WHEREAS, the current Civil Service list was provided to the Town Board as supporting documentation to this resolution; WHEREAS, the Town Supervisor has sent canvas letters to the qualified candidates from the Account Clerk listing in preparation for respective interviews; WHEREAS, Dutchess County Personnel advised of the existence of a Civil Service title similar in nature and class to "Account Clerk", but offering additional functional capacities to include those of personnel, purchasing, inventory control, payroll and/or general computer support; Town of Wappinger Page 12 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 WHEREAS, the Town of Wappinger currently employs an Account Clerk in the Accounting Department at the annual salary in excess of $26,000 per year, and in the Tax Receiver's Office at the annual salary in excess of $28,000 per year; WHEREAS, the Town of Wappinger does not currently employ a Municipal Administrative Assistant, but a review of currently employed Dutchess County positions as listed in the records of the Dutchess County Department of Personnel range from $30,000 to $37,500; and, WHEREAS, a copy of the Civil Service job description for Account Clerk and Municipal Administrative Assistant have been provided to the Town Board for consideration of expanding the Civil Service employment search. BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby resolves to expand its Civil Service employment search to include the title of Municipal Administrative Assistant. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the canvassing of the aforementioned Civil Service listing. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES. -2008-87 ❑ Adopted Yes/Aye No/Nay Abstain Absent Christopher Colsey Voter 0 11❑ El as Amended William Beale Seconder d ❑ ❑ ❑ ❑ Defeated H Tabled Vincent Bettina Initiator ® ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ❑ 0 ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10`x', 2008 The Resolution is hereby tabled. Motion To: untable Resolution 2008-58 RESULT: ADOPTED [3 TO 21 MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale; Vincent Bettina NAYS: Maureen McCarthy, Joseph Paoloni RESOLUTION: 2008-58 Resolution Appointing Member to the Town of Wappinger Recreation Commission WHEREAS, the Town Board held interviews at a Special Town Board meeting on February 4th, 2008, for vacancies to include a Recreation Commission member; and WHEREAS, the Town Board tabled Resolution 2008-58 on February 111", 2008, for the purposes of advertising this vacancy; and WHEREAS, advertisements were posted in the February 20th and 27th editions of the Southern Dutchess News; and WHEREAS, the population of interested applicants were not increased as a result of this aforementioned effort BE IT RESOLVED, that Max Dao is hereby appointed as a member of the Town of Wappinger Recreation Commission for a term of five (5) years. Town of Wappinger Page 13 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 The foregoing was put to a vote which resulted as follows: Vote 'Record '- ResolutionRES-2008-58 Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Voter 0 ❑ ❑ 11Yes/Aye _ ❑ Adopted as Amended William Beale Initiator El 11 11 ❑ ❑ Defeated Vincent Bettina Seconder ® ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ E9 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ m ❑ __ ❑ Dated: Wappingers Falls, New York March 10a', 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-88 Resolution Appointing a Licensed Professional Respective to Structural Concerns of the Town Highway Garage WHEREAS, the Town Supervisor appointed a licensed professional to inspect the Town of Wappinger Highway garage in 2007 respective to concerns presented by the Town Highway Supervisor; and, WHEREAS, inspection by the aforementioned licensed professional led to a determination that the highway garage is in a condition necessitating replacement. BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby appoints the firm of to propose a plan to repair or replace the Town of Wappinger Highway garage, in whole or in part, consistent with the New York State Uniform Building & Fire Codes, with such plan to include consideration of the effects of this potential reconstruction upon the regular responsibilities of the Town Highway staff. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby directs all plans for repair or replacement to be reviewed by the Town of Wappinger Building Inspector to ensure compliance with all applicable codes. The foregoing was put to a vote which resulted as follows: v/ Vote Record - Resolution RES -200948 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ® 11 ❑ _ ❑ ❑ Defeated ® Vincent Bettina Seconder l� ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator m ❑ ❑ ❑ Joseph Paoloni Voter m ❑ ❑ ❑ Dated: Wappingers Falls, New York March lOt , 2008 The Resolution is hereby tabled. RESOLUTION: 2008-89 Resolution to Constitute a Committee to Update the Town of Wappinger Personnel Policy/Manual WHEREAS, the Town Board adopted the current Town of Wappinger Personnel Policy/Manual on May 29, 2001; and, WHEREAS, significant changes to policies and statutes related to Labor and Personnel matters have occurred since the adoption of the current Policy/Manual. BE IT RESOLVED, that the Town Board hereby resolve the constitution of a committee to update the Town of Wappinger Personnel Policy/Manual. The committee shall be comprised of two (2) members of the Town Board, two (2) employees of the Town of Wappinger as determined by a majority of the Town Board, and the Legislative Aid to the Town Board. BE IT FURTHER RESOLVED, that the Committee is charged with the development of a draft document with a targeted completion date of October 1, 2008. Upon the acceptance of the draft document, the Town Board shall refer such to the Town of Wappinger Attorney for Personnel and Labor matters for review and comment. Town of Wappinger Page 14 Printed 311812008 Regular Meeting Minutes March 10, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-89 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter ❑ Q ❑ ❑ ❑ Adopted as Amended William Beale Seconder Q ❑ ❑ ❑ ❑ Defeated Q Vincent Bettina Initiator Q ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter, ❑ El ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10th, 2008 The Resolution is hereby tabled. RESOLUTION: 2008-90 Resolution Correcting Term of Service for a Zoning Board of Appeals Member WHEREAS, Alfred Casella was appointed through Resolution 2008-64 to the Zoning Board of Appeals on February 11th, 2008; and WHEREAS, during the course of deliberation the term of expiration for the appointment was incorrectly noted as 2010 BE IT RESOLVED, that the Town Clerk is hereby authorized to amend the record to reflect an appointment to the Zoning Board of Appeals for the unexpired term of Victor Fanuele through February 2012. The foregoing was put to a vote which resulted as follows: Vote Record = Resolution RES -2008-90 Yes/Aye No/Nay Abstain Absent Q Adopted Christopher Colsey Voter Q ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator Q ❑ 11 ❑ Defeated Vincent Bettina Seconder Q � ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter Q ❑ ❑ ❑ Joseph Paoloni Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-91 Resolution to Reimburse the Former Recreation Director for Expenses WHEREAS, Skip Rottkamp served as the Town of Wappinger Recreation Director to August 31St, 2007; and WHEREAS, Skip Rottkamp served on an "as needed basis" employee through November 2007; and WHEREAS, Skip Rottkamp incurred expenses for the period of June 20th - August 31St, 2008 for fishing supplies, photography supplies, First Aid boxes, picnic foods for camps, and mileage for the total amount of $641.10; and WHEREAS, documented vouchers have been submitted for all expenses as executed by the claimant, a Recreation Department representative and the former Comptroller; and WHEREAS, the former Comptroller withheld payment for the expenses pending the review of a potential payroll overpayment of one (1) week BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the execution of the aforementioned vouchers by the Town Supervisor. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby directs the Accounting Department to issue a check in accordance with the executed vouchers. Town of Wappinger Page 15 Printed 3118/2008 Regular Meeting Minutes March 10, 2008 The foregoing was put to a vote which resulted as follows: ✓Vote Record - Resolution RES -2008-91 ® Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Voter El ❑ 110 ❑ ❑ Adopted as Amended William Beale Voter ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder ❑ ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator ® ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter m ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-92 Resolution to Amend the Town of Wappinger Personnel Policy/Manual Respective to Employee Time Clock Usage WHEREAS, the Town of Wappinger invested in a biometric time clock system as part of the Paychex payroll system; WHEREAS, the software packages respective to the time clock has been installed upon the Bookkeeper's computer, with a backup installation upon the Account Clerk's computer; WHEREAS, the Bookkeeper and Account Clerk have updated their training respective to the use of the time clock software; WHEREAS, the Town Board adopted the Town of Wappinger Personnel Policy/Manual on May 29`h, 2001; WHEREAS, the regular hours of operation for Town Hall are set at 8:30 AM to 4:00 PM, Monday through Friday; WHEREAS, the respective Department Head may modify the starting time of their department personnel to accommodate seasonal variations and programs, with provisions that each department shall have available personnel during regular hours of operation; WHEREAS, the Town of Wappinger Personnel Policy/Manual does not reflect policies on time clock utilization or employee tardiness; BE IT RESOLVED, that all Town of Wappinger employees, with exceptions granted to elected officials, appointed members of the various Boards, Highway employees subject to collective bargaining, contractual employees other than Highway, and seasonal recreation program staff, shall be subject to utilization of the time clock located in the Town Hall. BE IT FURTHER RESOLVED, that any employee exhibiting a pattern of unexcused tardiness, prolonged breaks, or leaving early shall be subject to documentation within their personnel file. An unacceptable pattern shall be defined as three (3) or more incidents within a thirty (30) day period. Documentation of nine (9) or more incidents within a one hundred eighty (180) day period shall constitute the completion of a Consultation Memo by the respective Department Head to reflect a period of probation no less than sixty (60) days, and a plan of progressive discipline should the behavior continue. BE IT FURTHER RESOLVED, that in accordance with the Town of Wappinger Personnel Policy/Manual, as adopted on May 29th, 2001, Page 22, Section 14 - Vehicle Use Policy, "All Town vehicles will be parked in the back of Town Hall; except elected official cars and the Fire Inspector", the Town Board of the Town of Wappinger re -affirms this policy respective to all Town vehicles primarily purposed for use on public roadways. The Town Board does not authorize the use of any Town vehicle, except those exempted herein, for purposes outside the scope of Town employment. The foregoing was put to a vote which resulted as follows: f'vote Record - Resolution RES -2008-92 ® Yes/Aye . , No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 El❑ ❑ ❑ Adopted as Amended William Beale Seconder ® ❑ ❑ ❑ ❑ Defeated ❑ Tabled �..._ _.-_.- .. Vincent Bettina ;. Initiator ® ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter ® ❑ ❑ ❑ Joseph Paoloni Voter ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10`h, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 16 Printed 311812008 Regular Meeting Minutes March 10, 2008 RESOLUTION: 2008-93 Resolution Authorizing the Town Supervisor to Gain Bids to Replace Audience Seating in the Common Meeting Room BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town Supervisor to solicit bids to replace the audience seating in the common meeting room for consideration at a future public meeting BE IT FURTHER RESOLVED, that the Town Board directs that all bids reflect seating that offers the ability to be folded or stacked to provide usable floor space for various events. The foregoing was put to a vote which resulted as follows: Vote Record - ResolutIon RES -2008-93 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ 11 ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Voter 0 ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-94 Resolution to Appoint Town Engineer to Determine Feasibility of Additional Handicapped Parking WHEREAS, the Town of Wappinger currently has designated handicapped parking stalls predominantly positioned to the west and east side of Town Hall; WHEREAS, various events at Town Hall precipitate the need to lock the side doors; and, WHEREAS, residents holding physical limitations have shared their concerns relative to the hardships and inconveniences of traveling from the side of the building to the front door especially during periods of inclement weather. BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Engineer to the Town to provide a conceptual plan to increase the availability of handicapped accessible parking stalls located proximate to the front of Town Hall. The foregoing was put to a vote which resulted as follows: v" Vote Record- Resolution RES -2008-94 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 ❑ Withdrawn Maureen McCarthy Voter ® ! ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ Dated: Wappingers Falls, New York March 10', 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-95 Resolution Authorizing Refund of Unused Escrow for 11 Gerhard Court, Lot 15 WHEREAS, on or about March 29th, 2007, Tony Russo (Britzenzie Corporation) deposited Six Thousand, Four Hundred and Fifty Dollars and 00/100 ($6,450.00) with the Town of Wappinger for "Stabilization" and "Driveway" on 11 Gerhard Court (Lot 15); WHEREAS, the respective projects have been inspected by the Town Highway Superintendent (9/12/2007) and Town Building Inspector (2/21/2008); and WHEREAS, Tony Russo (Britzenzie Corporation) has requested a refund in the amount of Six Thousand, Four Hundred and Fifty Dollars and 00/100 ($6,450.00), and has been approved by George Kolb, Code Enforcement Director to the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of Town of Wappinger Page 17 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 Six Thousand, Four Hundred and Fifty Dollars and 00/100 ($6,450.00) made payable to Tony Russo (Britzenzie Corporation), Account Number 6359-04-822034-0000, for the refund of the unused escrow deposited for the property located at 11 Gerhard Court (Lot 15). The foregoing was put to a vote which resulted as follows: Vote Record - ResolutionRES-2008-95 Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Ch Voter IZ ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder ® ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter ® ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator m ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10`h, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-96 Resolution Authorizing the Execution of the Agreement between the Town of Wappinger and the Town of Wappinger Little League Association WHEREAS, the Town Board finds that it is in the best interest of the Town to have the Town of Wappinger Little League Association provide softball and baseball activities for the boys and girls of the community in accordance with the proposed Agreement between the Town of Wappinger and Town of Wappinger Little League Association; and WHEREAS, the Town has fully complied with its procurement policy with respect to its Ten Thousand Dollar ($10,000.00) agreement between the parties and further finds that pursuant to Town Code §46-3 (b) (3), the agreement between the parties shall be exempt from the Town's procurement policy and may be properly classified as one of the "sole source situations". 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 agrees to enter into a written Agreement for Ten Thousand Dollars ($10,000.00) between the Town of Wappinger and Town of Wappinger Little League Association which will provide softball and baseball activities for the boys and girls of the Town of Wappinger for the 2008 baseball season. 3. Supervisor Christopher Colsey is hereby authorized and directed to sign on behalf of the Town the Agreement between the Town of Wappinger and Town of Wappinger Little League Association in substantially the same form as attached hereto, including the attached Rider to Agreement, copies of which are affixed hereto. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-96 Yes/Aye No/Nay Abstain Absent EI Adopted - Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ 11 Defeated Vincent Bettina Voter m 11 ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator ❑ ❑ ❑ Joseph Paoloni Seconder ® ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10', 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 18 Printed 311812008 Regular Meeting Minutes March 10, 2008 IX. Items for Special Consideration Motion To: amend Resolution 2008-99 as dictated by Town Attorney RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-99 Resolution Authorizing the Acceptance of Bids for Recreation Relative to Portable Toilets for Town Parks and Events WHEREAS, the Town of Wappinger Chairman of the Recreation Commission annually seeks bids for the service of portable toilets for Town parks and events; WHEREAS, the Town of Wappinger Chairman of the Recreation Commission summarized the bid amounts and funding in a letter dated March 3'd, 2008; WHEREAS, the following bids were received: Big Top Portable Toilets $5,175.00 Superior Sanitation $7,617.00 EnviroClean Porta -Potty $8,094.00 Jones Sanitation No Bid Received M & O Sanitation No Bid Received BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Chairman of the Recreation Commission to enter into a contract to utilize the services of Big Top Portable Toilets for the 2008 season of events, for an amount not to exceed Five Thousand, One Hundred Seventy -Five Dollars ($5,175.00). The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-99 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ El ❑ ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled El Withdrawn Maureen McCarthy Initiator _ . 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10t', 2008 The Resolution is hereby duly declared adopted. Motion To: add Resolution 2008-99 and Resolution 2008-98 to Agenda by unanimous consent RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-98 Resolution Authorizing the Town Highway Superintendent to Seek Bids for Highway Supplies and Services WHEREAS, the Town of Wappinger Highway Superintendent requested permission to seek bids for Highway services and supplies, in a letter dated March 5th, 2008. BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town Highway Superintendent to seek bids respective to "Highway supplies and services, i.e. road aggregates, oil, gas, grate frames, catch basins, Spring Bulk pickup and Recycle Center Town of Wappingers Page 19 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 hauling, etc." The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-98 Yes/Aye No/Nay Abstain Absent , ® Adopted Christopher Colsey _ , , Voter ® ❑ 1.❑ ❑ _ ❑ Adopted as Amended William Beale Voter lel ❑ ❑ ❑ Defeated _.... Vincent Bettina Initiator El ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ® ❑ ❑ ❑ .... ❑ withdrawn Joseph Paoloni seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March loth, 2008 The Resolution is hereby duly declared adopted. X. Discussions 1. MJW Reassessment - Contract Negotiation 2. Verizon FIGS - Contract Negotiation Supervisor Colsey asked Al Roberts, Town Attorney, if Executive Session was needed for MJW and Verizon. Mr. Roberts said his comments remain the same. If Cablevision has any comments, they should be made at the Public Hearing. Mr. Roberts added that the contract being presented has been reviewed with John Figliosi, of the New York State Cable Commission. Many of the provisions have been extracted from some of the approved contracts in other municipalities. He also noted that setting the Public Hearing does not mean that you have to approve the franchise agreement after hearing the comments, but the Public Hearing will not be to anyone's disadvantage. Al Roberts said that the MJW resolution is very short and it states that the Town will no longer use their services. He has a very detailed resolution from Christian Harkins, Town Assessor, which identifies various components of the contract that he feels MJW has defaulted on. This resolution will be in front of the Board at the next meeting. Supervisor Colsey again asked if there is a need for Executive Session. Mr. Roberts replied that he has said all that he has to say. If the Board wishes to go into more detail, he recommends Executive Session. Highway Superintendent Statement Graham Foster asked if the Board wished to continue with the Bulk Pick-up Program. Councilman Bettina replied that they did. Mr. Foster added that he needed to know so that he could go out to bid. XI. Resolutions from Discussion 1. Motion To: untable Resolution 2008-77 RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-77 A Resolution Authorizing a Public Hearing in Connection with Initial Franchise Agreement for Cable Television Service with Verizon New York, Inc. WHEREAS, the Town of Wappinger (the "Town") is a franchising authority in accordance with Title VI of the Communications Act of 1934 (the "Communications Act") and is authorized to grant one or more cable television franchises pursuant to Article 11 of the New York State Public Service Law, and Title 16, Chapter VIII, Parts 890.60 through 890.6 through 899, of the Official Compilation of Codes, Rules and Regulations of the State of New York (the Town of Wappinger Page 20 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 "Cable Laws"); and WHEREAS, VERIZON NEW YORK INC. ("Verizon") is upgrading its existing telecommunications and information services network through the installation of what Verizon refers to as "Fiber to the Premises Telecommunication Network" (the "FTTP Network") within the Town and elsewhere, which existing network transmits Non -Cable Services (as defined in the Verizon Franchise Agreement) pursuant to the authority granted by Section 27 of the New York Transportation Corporations Law, and Title II of the Telecommunications Act, which Non -Cable Services are not subject to the Cable Law or to Title VI of the Communications Act; and WHEREAS, the FTTP Network occupies public rights-of-way (as defined in the Verizon Franchise Agreement) within the Town, and Verizon desires to use portions of the FTTP Network now or hereinafter installed within the Town to provide cable service (as defined in the Verizon Franchise Agreement); and WHEREAS, Verizon has previously submitted an application for cable television service to the Town; and WHEREAS, joint negotiations between the Town of Wappinger, the Town of Poughkeepsie and the Village of Wappingers Falls have resulted in a proposed agreement entitled "Cable Franchise Agreement between the Town of Wappinger, New York and Verizon New York, Inc" ("Verizon Franchise Agreement"), copies of which are available for review and inspection of the Town Clerk during normal business hours; and WHEREAS, Verizon has requested that the Town Board conduct an initial Public Hearing on the proposed grant of the Franchise to Verizon; and 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 schedules a Public Hearing for the purpose of considering the granting of an initial franchise agreement for cable television service in the Town of Wappinger with Verizon New York, Inc. to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 24th day of March, 2008, at 7:00 PM, and that the Town Clerk be directed to post and publish Notice of the Public Hearing in the form annexed hereto. Said publications are to be made in the Southern Dutchess News and the Poughkeepsie Journal at least ten (10) days prior to the scheduled Public Hearing. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-77 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colse P Y Voter ® ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthySeconder 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-97 Resolution Terminating Contractual Relationship with MJW Consulting, Inc WHEREAS, by Contract No. 240035 dated November 2004, the Town of Wappinger entered into a Contract with MJW Consulting, Inc. (hereinafter "MJW"), with respect to the Real Property Re -Assessment Project in the Town of Wappinger; and WHEREAS, MJW has partially performed some of the services with respect to the Real Property Re -Assessment in the Town, ostensibly pursuant to the aforementioned written Contract; and WHEREAS, over the last year and a half, differences have arisen between the Town and MJW with respect to its performance of the work required by the aforementioned Contract; and WHEREAS, because of the dissatisfaction of the work performed by MJW, the Town Board has determined that the services or products to be provided by MJW pursuant to the Contract will not be needed and the Town Board hereby determines that the services of MJW will no longer be required and will not be continued. NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby elect to terminate all contractual relationships with MJW, determines that the services of MJW will no longer be required and hereby authorizes the Attorney to the Town to notify MJW Consulting, Town of Wappinger Page 21 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 Inc. that its services are no longer needed in the Town of Wappinger; and BE IT FURTHER RESOLVED, that the Attorney to the Town be, and he hereby is authorized to take all steps necessary to protect the Town's rights and interests under the aforementioned Contract. The foregoing was put to a vote which resulted as follows: Vote Record - ResolutionRES-2008-97 Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter ® ❑ ❑ ❑ ❑ Defeated _ Bettina iator Initiator 0 ❑, ❑ ❑ ❑ Tabled Maureen McCarthy Seconder ® ❑ ❑ . ❑ ❑ Withdrawn Joseph Paoloni Voter m ❑ ❑ ❑ Dated: Wappingers Falls, New York March 10th, 2008 The Resolution is hereby duly declared adopted. XII. New Business A. Councilman Beale New Business Councilman Beale asked who would be contacted in reference to an abandoned television on 9D. Graham Foster, Highway Superintendent, replied that he should contact NYS Department of Transportation. Councilman Beale then asked Mr. Foster to explain what happened over the past weekend with the heavy rains and flooding on Route 9D. Mr. Foster discussed the information he offered to NYSDOT and what he felt needed to be completed in order to have the water flow properly and to avoid any further flooding during heavy rains. He further explained what attempts were made by the DOT in the heart of the storm to attempt to eliminate the problem. According to Mr. Foster, when these attempts proved to be unsuccessful, he offered his opinion of what needed to be done. The workers did what was recommended and the water then began to flow. Mr. Foster added that he spent additional time cleaning out culverts on Myers Corners, also a County road, in order to avoid a repeat of what occurred during the last storm. He noted that there were no incidents of flooding on Blackthorn Loop. B. Councilman Bettina New Business Councilman Bettina thanked Graham Foster, Highway Superintendent, and Robert Gray, Engineer to the Town, for their help with the flooding in the White Gate Apartment Complex. He also thanked them for meeting with members of the White Gate Board. He also reported that he just attended a Board Meeting at the Chelsea Fire House. He spoke about his visit, just before this Town Board Meeting, to the Delaware Aqueduct on River Road. The visit was prompted by a complaint from a constituent pertaining to the traffic in that area. Graham Foster added that he is happy that the project is moving forward, but is sorry to hear about the problems. Months were spent negotiating and trying to get a safe driveway into this area and it is not being used. Contractors were only supposed to bring in a couple of trailers, and get the road completed. He believes they are operating without Town approval. Discussion followed. Councilman Bettina asked for George Kolb, Code Enforcement Director, to follow- up. C. Councilwoman McCarthy New Business Councilwoman McCarthy mentioned that she forwarded an e-mail to Graham Foster, Highway Superintendent, from a resident that lives on Baldwin Drive. The resident still has water build-up and now ice. Councilwoman McCarthy asked if Mr. Foster can reach out to her and see if he can address her concerns. Mr. Foster asked what he could do. Councilwoman McCarthy has had a similar situation at her property and can understand this resident's frustration. Mr. Foster noted that, if it was the Councilwoman's water, he would hope that she would fix it. Councilwoman McCarthy added that the water in the Baldwin Drive case is not the resident's water. Graham stated that it is the resident's water. Councilwoman McCarthy stated that it is the neighbor's water. Mr. Foster commented that it is coming from the property line. Councilwoman McCarthy stated that it is not coming from the resident's property. Mr. Foster stated that the neighbor does not know that. He went on to say that there is nothing he can do. He has no money and he can't go out there during this time of year to do blacktopping. There are no blacktop plants open. He salts and sands every time that it gets like that. They were out there in the morning. If you look at the rest of Baldwin Drive, there are several other areas where the Town of Wappinger Page 22 Printed 311812008 Regular Meeting Minutes March 10, 2008 pipes go out. There are illegal pipes. The residents are dumping water in the road and it freezes. He doesn't know what the Councilwoman expects him to do there. She asked that, from a customer service standpoint, the resident is looking for him to stop by and have a conversation with her about what he can and can't do. Mr. Foster added that he will also tell the resident that the neighbor stated that the water has been there for 35 years. He also pointed out that the resident making the complaint has only lived there for two years. Councilwoman McCarthy feels that the resident needs contact with a human being to answer questions about what is reasonable and what is not regarding her expectations. Mr. Foster asked if the Councilwoman knew when the resident would be home. He noted that the resident is only a part-time resident. He will stop out during the next day and knock on the door. Councilwoman McCarthy commented that she forwarded another email to Mr. Foster. Mr. Foster replied that he was in meetings all day. Councilwoman McCarthy clarified that she is not criticizing the Highway Superintendent. She is only asking him to reach out to the resident and address her concerns. She does not know when the resident will be around, but she will forward the resident's email address so that he can contact her. Councilwoman McCarthy said the other request she has is from a resident who lives on Carrol Drive. The resident applauds the Highway Department's clearing of snow during snow storms but they have a concern about the corner of Rowell Lane and Carrol Drive as well as down Carrol Drive towards Scott Drive. The resident stated that the snow gets piled on top of the storm drains and basins. This leads to a blockage at the drain and the water cannot run off. Councilwoman McCarthy asked if it would be possible to push the snow off of that area. Mr. Foster stated he was not aware of that issue. It had never been brought to his attention. He added that they normally try to plow all the way back to the curb. Councilwoman McCarthy said that, while it has not led to flooding, it has led to ice build-up at the end of driveways. If the water runs off into the storm drain instead, there will not be the ice build-up. Councilwoman McCarthy said her last question was whether the Dog Warden is responsible for picking up dead dogs on the road. Supervisor Colsey asked Mr. Foster if he can answer this question. Mr. Foster replied that the Dog Warden is responsible for the dogs. Councilwoman McCarthy asked if it mattered whether the dog was on a Town or County road. Mr. Foster said he isn't sure as they never really talked about that. He pointed out that the title had been changed to Animal Control Officer and the position was given a raise in salary during the 1990's. The Officer then refused to pick up any animal other than dogs. The title was changed back to Dog Warden and the salary remained the same. The Dog Warden has been picking up dead dogs on all the roads. The rest of the animals are picked up by the State DOT on State roads, County on the County roads, and Town on Town roads. Councilwoman McCarthy asked for clarification. She commented on a recent situation when a resident informed her of a dead dog that had been on All Angels Road for a couple of days. Mr. Foster believes that the Dog Warden would take care of this because the dogs are licensed and it would need to be reported to State. D. Councilman Paoloni New Business Councilman Paoloni commented that Bob Gray, Town Engineer, received a call from someone at Southeastern Container regarding municipal water. Mr. Gray explained that he has had discussions about where to get water from. The closest water line to them would be the County main on the Rail Trail. Mr. Gray said there will need to be a meeting with the County. Discussion about getting the water followed. Councilman Paoloni said he has been contacting firms that build golf courses and senior living complexes. The firms have responded favorably to the potential of putting a golf course and establishing senior living. This would include renovating the mansion and carriage house as a club house at Camwath. Councilman Paoloni said he will be putting this on the agenda for the next meeting to have a presentation. He also said that this is a win-win for everybody to preserve the land and buildings, while providing a use for the community. Councilman Bettina added that it would allow the Town to make some money at the same time that they are spending money on the property. E. Supervisor Colsey New Business Supervisor Colsey noted that he was contacted by a person who was the former Commissioner of Finance for Dutchess County. He went on to say that she is retired and she heard about the opening for Town Accountant. She is looking for part-time or temporary work. He did not discuss any of the parameters of the job with her. Councilman Paoloni asked if the Board could contact the people that interviewed for the Comptroller's position. He asked if the Board can get some closure on the former applicants for the Comptroller job. Discussion followed. Councilman Bettina stated he would like to interview the person with the CPA that Councilman Paoloni had previously mentioned. Town of Wappinger Page 23 Printed 3/18/2008 Regular Meeting Minutes March 10, 2008 Supervisor Colsey said that, since it is Civil Service position, the Town cannot just start interviewing "willy-nilly". Discussion about notifying the past applicants followed. Councilman Bettina noted that the applicant from Orange County is already Civil Service. She would have to submit her paperwork to Dutchess County. XIII. Town Board Audit of Expense Vouchers XIV. Adjournment Motion To: adjourn at 11:45 PM The Meeting Adjourned at 11:45 PM. (3— J�fin C. M sterson Town Clerk LT Town of Wappinger Page 24 Printed 3/78/2008