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2008-03-24 RGMTOWN CLERK CHRIS MASTERSON TOWN OF W"PINGER 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 24`I', 2008 7:00 PM Agenda SUPERVISOR CHRISTOPHER J. COLSEY TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:00 PM Meeting called to order on March 24`", 2008 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order - II. Pledge of Allegiance I1I. Executive Session A. MTBE Litigation 2008-100. Resolution in Executive Session to Approve Settlement IV. Discussions A. Temporary Contractual Accounting Employee - Supervisor Colsey B. Accounting Software Proposals - Town Board C. Senior Housing Proposal/Re-Zone - Toll Brothers D. Cranberry Estates Subdivision - Town Board E. Carnwath - Councilman Paoloni F. Master Plan Update - David Stolman G. Accessory Apts (Sr. Housing) - Councilman Bettina and David Stolman V. Public Hearings 1. Verizon Franchise Agreement VI. Minutes Approval 1. Monday, March 10, 2008 VII. Correspondence Log 2008-101. - Resolution Authorizing the Acceptance of the Correspondence Log VIII. Public Portion IX. Resolutions 2008-102. Resolution Granting Initial Cable Franchise to Verizon New York, Inc. 2008-103. Resolution Declaring Contractor Default 2008-104. Resolution to Approve Settlement 2008-105. Resolution Appointing Seasonal Recreation Employees 2008-106. Resolution to Temporarily Transfer the Duties of Authorizing Inter -Bank Wire Transfers to the Town Supervisor 2008-107. Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2008 2008-108. Resolution Authorizing the Town Supervisor to Contract with the Poughkeepsie Dutchess Empire Zone 2008-109. Resolution to Reconvene the Town of Wappinger Disaster Preparedness Committee 2008-110. Resolution Authorizing Refund of Unused Escrow for Handy Rent All Center (1176 Route 9) 2008-111. Resolution Authorizing Refund of Unused Escrow for the NYC Dept. of Environmental Protection Shaft 6 and Tunnel Rehabilitation 2008-112. Resolution Authorizing Refund of Unused Escrow for Scenic View Estates Subdivision 2008-113. Resolution Authorizing Refund of Unused Escrow for the Vineyard Community Church (St. Nicholas Road) 2008-114. Resolution Authorizing Refund of Unused Escrow for the Elgin Associates Incorporated Subdivision 2008-115. Resolution Appointing a Member to the Town of Wappinger Ethics Board 2008-116. Resolution Appointing Town of Wappinger Ethics Board Member 2008-117. Resolution Appointing a Member to the Town of Wappinger Planning Board 2008-118. Resolution Authorizing the Appointment of a Temporary Contractual Employee Within the Town of Wappinger Accounting Department 2008-119. Resolution Authorizing Facilities Committee to Conduct an Inventory and Analysis of All Town Owned Buildings and Structures X. Items for Special Consideration 2008-120. Resolution Authorizing the 2008 Bulk Pick -Up 2008-121. Resolution Appointing Members to the Recreation Commission XI. Town Board Audit of Pending 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 24th, 2008 7:00 PM Town Hall Call to Order Supervisor Colsey called the Meeting to Order at 7:14 PM. Attendee Name Organization Title Status ;Arrived Christopher Colsey Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present David Stolman Town of Wappinger Town Planner Present Bob Gray Town of Wappinger Engineer to Town Present Al Roberts Town of Wappinger Town Attorney Present Graham Foster Town of Wappinger Highway Superintendent Present Pledge of Allegiance Public Hearings Motion To: move the Public Hearing up in the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Motion To: open the Public Hearing at 7:16 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Verizon Franchise Agreement Supervisor Colsey opened the Public Hearing at 7:16 PM. Town Clerk Chris Masterson offered for the record the Affidavits of Posting and Publication, duly signed and notarized (These Affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). The Supervisor then asked the Verizon representatives to discuss the agreement. John Butler, Verizon External Affairs Director, spoke first. He spoke about the agreement, the Verizon FlOS network, and the benefits that Verizon brings to the community. He turned the floor over to Gabrielle Ston -no. Ms. Stormo discussed the agreement in more detail. At the conclusion of her statement, she provided the Town Clerk with a binder, containing franchise negotiations documents, to be placed on file in the Clerk's Office. Ms. Stonno turned the floor over to Scott Parr. Mr. Parr discussed what he felt would be the main complaints made by Cablevision representatives. He claimed that the complaints are "11th hour" complaints that are brought up in many of the other communities in such negotiations. Mr. Parr asked to be able to defer his comments until a later time. The Supervisor agreed. Supervisor Colsey then opened the floor to residents. The first resident to speak was Michael T. Salvia, Executive Vice President of the Communications Workers of America. He supports the competition that will come from allowing this agreement to go through. He also discussed several local programs, such as charities, hospitals, youth organizations, fire houses and so on, that Verizon actively supports. He noted that the President of the Local CWA, Glenn A. Carter, is a resident of Wappinger, but was unable to attend the Public Hearing. Mr. Salvia Town of Wappinger Page 1 Printed 41212008 Regular Meeting Minutes March 24, 2008 read a statement prepared by Mr. Carter. The statements were provided to the Town Clerk to be put into the Minutes. Supervisor Colsey pointed out that written comments had been submitted to the Supervisor before the Meeting. He provided those comments to the Town Clerk to be included in the Minutes as well. The next resident to speak was Mike Oppenheim. Mr. Oppenheim commented on the low quality of the Cablevision product. He hopes that the competition will cause both companies to provide better products. Joe Incoronato was next to speak. He compared the cable competition today to the car competition of the 1970's. When the Japanese entered the market, the quality and price of the cars in the market improved. He went on to say that he pays over $51.00 for cable services. That adds up to over $600 per year. That is not a trivial amount for a senior citizen. He wants to know if the product will be competitive price -wise and if there will be a senior discount. The next resident to speak was Concetta Olivieri. Ms. Olivieri is against allowing Verizon to operate within Wappinger. She feels that Verizon is a dishonest company because they attempted to sign up customers over the summer without permission. Ms. Olivieri then provided the Verizon representatives with the pen that the salesman gave her that no longer works. She also complained that she tried many times to lower her phone bill, but it kept going UP. Thomas Wright, the director of FIOS installation for the region, was next to speak. He assured the residents that they have his utmost commitment to providing outstanding service to the Wappinger community. Former Supervisor, Joseph Ruggiero, was next to speak. Mr. Ruggiero discussed the Telecom Act, passed in 1996. He also commented on the benefit of having competition between Cablevision and Verizon. The next resident to speak was Thomas Morris. He felt that the competition would be a benefit to the Town and its residents. He is also looking forward to increased quality of cable. James Gescheidle, assistant to the President of CWA Local 1120, was next to speak. He mentioned that the technicians doing work out in the field for Cablevision are often contractors working for Cablevision. Next to speak was Sean Boschulte. He spoke as a Verizon employee and FIOS technician in Westchester County. He commented that the most important factor is providing a choice to the people. Jeff Cito was the next resident to speak. He is a local manager for Verizon, previously based in the Poughkeepsie area for a period. He was the supervisor of the technicians that both live in the Town and built the FIOS product from start to finish. He ensured that his workers took every step possible to provide a quality product. Next to speak was Rick Hamedl. He installs FIGS products every day. All of his customers have been asking when they will have Verizon TV. Next to speak was Jim Haw. He is currently a Verizon customer for phone and internet and a Cablevision customer for TV. He is pleased with being able to switch back and forth between Cablevision and Verizon. Bill Czesak was next to speak. He is a Verizon technician in Westchester County. He addressed the complaint made about salesmen going through Wappinger. He noted that the salesmen that approached him offered the internet and phone services, but not the TV service. Next to speak was Mark Citrone. As an employee and system administrator for Verizon, he manages a "mission critical application" called "Delphi DTI". He went on to describe this product. The next resident to speak was Bob Camenga. He encouraged the Board to approve the agreement. He mentioned that he has been through many problems with Cablevision. Tom Wasilko was next to speak. He wants the Town to allow Verizon to come in to Wappinger to foster competition and provide choices for the consumers. Roger Connor, Director of Government Relations for Cablevision was next to speak. Mr. Connor spoke about the level playing field requirements. He agrees that Verizon is bringing competition and choice to the cable market in Wappinger. Cablevision already competes with Verizon in Wappinger for internet and phone services and intends on competing for TV services. Mr. Connor then listed several examples that demostrate Cablevision's commitment to the community. He also mentioned that Cablevision seeks assurance that Verizon is not granted terms that are more advantageous than the terms that Cablevision agreed to last year. Cablevision has submitted a letter denoting several specific provisions in the Verizon contract that they feel do not maintain a level playing field. He asks that negotiations be permitted to continue. He then turned the floor over to Scott Volkman, an attorney from the law firm of Gellert & Klein, speaking on behalf of Cablevision. Mr. Volkman discussed the negotiations that have taken place over the past many months. He then noted that the competition that Verizon will bring is a good thing. However, he Town of Wappinger Page 2 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 pointed out, the drag agreement has been before the Board for two weeks while Cablevision has had to "FOIL" it. He discussed the sections of the Verizon agreement that Cablevision feels are deficient. The points are also contained in letters that have been submitted to the Town Board and Town Attorney by Cablevision. Supervisor Colsey asked the Town Attorney, Al Roberts, and Jim Horan, an attorney with Vergilis, Stenger, Roberts & Davis, LLP, if they could comment on the topic of level playing field. Mr. Roberts explained that the level playing field is basically competitive neutrality throughout the process. It pertains to the totality of the contract, not a side-by-side comparison of clauses within the contract. He can assure the Board that, aside from a few minor adjustments, the contract that has been presented is in compliance with the State regulations. He cited examples of the differences of opinion between Cablevision and Verizon, such as the form of contribution for the PEG grant. Jim Horan gave a more in-depth definition of the level playing field requirement. Councilman Paoloni asked that Item 3 from the Cablevision letter be explained. That item mentions that the Town would lose the technical support from Cablevision unless the Town required the same commitment in the Verizon franchise. Mr. Roberts explained that Verizon has steadfastly stated that they will only make a cash contribution. He will research the issue and provide a more complete answer at a later time. Councilman Bettina asked a question about negotiations with Cablevision that set a fee for providing cable news. He would like to see a copy of that contract. Mr. Roberts replied that the charge was originally $0.51 per customer. That was to subsidize the estimated costs to reinstate the local cable news network. It was a consortium of several communities in Southern Dutchess that agreed to it. He understands now that Beacon is not paying for that service. Councilman Bettina verified that residents are not paying for it. Mr. Roberts pointed out that this was not part of the Cablevision agreement. Councilman Bettina again asked for a copy of the agreement. Mr. Roberts agreed to provide it. Councilman Beale asked for clarification on an issue that Councilman Paoloni mentioned. He wanted to know if the Town was going to lose the PEG grant from Cablevision if the Verizon agreement was adopted. Mr. Roberts answered that the Town would not lose the PEG grant, but it would have to be competitively level. Councilman Beale noted that he was originally told, when the Cablevision agreement was approved, that the Town had a target date to have equipment in the Town Hall. The deadline has come and gone many times. He finds it very interesting that the Town is in the middle of Verizon negotiations and has not yet received any equipment from Cablevision. Councilman Paoloni and Councilman Beale agreed that it is now clear why Cablevision hasn't provided the equipment. Mr. Roberts could not verify that those facts are accurate. He believes there has been installation. Supervisor Colsey verified that there was been some installation of lines but he does not know what they are for. Councilman Beale went on to note that the Village of Wappingers Falls, a municipality of 5000 people, already has the technological ability to broadcast their Meetings on a channel that is dedicated primarily for the Town's use. Mr. Roberts answered that Cablevision is under contract, and that contract would need to be refonned before that obligation is removed. Councilman Beale noted that he just wants to make sure that Cablevision is not trying to find a back door to get out of their responsibilities under their current cable franchise contract. Mr. Roberts asked that the Cablevision representatives respond for themselves. Mr. Connor confirmed that Cablevision has missed the deadlines for the equipment installation. He noted that 80% of the equipment is on hand at the Cablevision office. They are moving forward regardless of what happens with the Verizon contract. Councilman Paoloni asked for clarification on his original point. He wanted to know whether the Town would lose the technical support. Mr. Connor confirmed that it is a concern for Cablevision. He went on to explain. that Cablevision has made a commitment to helping the municipalities programs grow. If Verizon were to not provide the support, and basically ride off of the back of the Cablevision support, it would not be a fair agreement. Joseph Ruggiero asked to clarify the $40,000 contribution. At the time the negotiations started, it was noted that it did not make sense to have a redundancy of equipment at Town Hall. He went on to describe the negotiations that were taking place while he was still in office. Scott Parr then address some of the points that were brought up throughout the Public Hearing. He first addressed the concern of price comparison. He noted that Verizon would likely be below the cost of the current Cablevision package. He also responded to the requests made by Cablevision to delay the agreement. Verizon is ready to move forward with 75% of the residents. It would be to the benefit of Verizon to provide services to the remainder as fast as possible. He went on to counter some of the claims made in the Cablevision letters. He also asked how long Cablevision has been operating in the Town of Wappinger. Verizon, Mr. Parr claims, has been working in Wappinger for more than a century. The last point brought up by Mr. Parr pertained to "Force Majeur". He pointed out that the clause that Verizon includes in their contracts is the same clause used in the Cablevision contracts. There was one item that Cablevision has expressed concern about that Mr. Parr agrees with. He summarized Item 12.4.1 Town of Wappinger Page 3 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 and agreed that it should be taken out as it is unnecessary. In summary, Mr. Parr stated that he would like to see the contract voted on tonight. Councilman Paoloni asked if it seems reasonable to the Town Attorney to scratch section 12.4.1. Mr. Roberts verified that it would be to the benefit of the Town to remove that section. Discussion followed. Councilman Beale noted that there is a true monopoly in Wappinger and that Cablevision charges exorbitant fees. By having two services, there will be competition and the residents will have a choice. Councilman Paoloni made a motion to close the Public Hearing. The motion was seconded by Councilwoman McCarthy and passed unanimously. The Public Hearing was then closed at 8:43 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 4 Printed 4/2/2008 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AFFIDAVIT OF POSTING NOTICE OF PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING A PROPOSED INITIAL FRANCHISE AGREEMENT FOR CABLE TELEVISION SERVICE IN THE TOWN OF WAPPINGER WITH VERIZON NEW YORK, INC. STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 12th, 2008, your deponent posted a copy of the attached Notice of Public Hearing for the purpose of considering a proposed initial franchise agreement for cable television service in the Town of Wappinger with Verizon New York, Inc. on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. John C. Masterson Town Clerk Town of Wappinger Sworn to before me the 23rd day of March, 2008 )6-7 I -Au NOTARY PUBLIC SOLJTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MATN STREET WAPPINGERS FALA-S, NY 12590 A f -F i s jEk -./ z t o f P Ll I' - i- Cc � tai.. C n 5 To: WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: I_ega l notice #80483 State of NEW YORK ) ? SS: County of DUTCHESS } I, PHYLLIS S TLJTT , being duly sworn, depose and say: that 7 am the P(_)B[.,.TSHER of Sot-ithern nutchess News, a weekly newspaper of general c i rcLl l at i on pub 1. a. shed in WAPPINGERS FAL-LS, County of DUTCHESS, state of NEW YORK and that. a notice, of which the annexed is a printed copy,' was elu ly published in SOL.Ither n Dutchess News once on 03!1.2108. Sworn to before me this 12th day of march, 2008 ALBERT M OSTEN Notary Public, State of NEW YORK: No. 14-8240760 Qualified in DUTCHESS County by commission expires on May .16, 201.1. TI- TOWN BOARD: TOWN OF IAPPINGER DUTCHESS COUNTY NEW YORK IN THE XIATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING A PROPOSED INITIAL FRANCHISE AGREEMENT FOR CABLE TELEVISION SERVICE IN THE TOWN OF WAPPINGER WITH VERIZON NEW YORK, INC. STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 12th, 2008, your deponent posted a copy of the attached Notice of Public Hearing for the purpose of considering a proposed initial franchise agreement for cable television service in the Town of Wappinger with Verizon New York, Inc. on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. ohn C. TWaiterson Town Clerk Town of Wappinger Sworn to before me the 23rd day of March((, 2008 _)6_7 NOTARY PUBLIC Regular Meeting Minutes March 24, 2008 IV. Resolutions Motion To: move Resolution 2008-102 up in the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER Maureen McCarthy, Councilwoman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-102 Resolution Granting Initial Cable Franchise to 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, Subpart B, of the Official Compilation of Codes, Rules and Regulations of the State of New York (the "Cable Laws"); and WHEREAS, VERIZON NEW YORK INC. ("Verizon") is upgrading its existing telecommunications infrastructure by the installation of what Verizon refers to as "Fiber to the Premises Telecommunication Network" (the "FTTP Network") within the Town, 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 submitted a written application for a cable television franchise to the Town of Wappinger on February 25, 2008, which the Town has had an opportunity to review; 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, on March 24, 2008 at a regularly scheduled Town Board meeting, the Town held a public hearing on the Verizon Application and the Verizon Franchise Agreement at which Verizon made a presentation to the Town Board in favor of the Verizon Franchise Agreement, including an outline of the cable television services proposed to be provided to the Town pursuant thereto, and members of the Town Board and the public were given notice and opportunity to comment on Verizon's presentations and ask questions to be addressed by Verizon's representatives; and WHEREAS, the Town Board has identified the cable related needs and interests of the residents of the Town of Wappinger and has exercised due diligence in considering the technical ability, financial conditions, character and legal qualifications of Verizon to meet such needs and interests. 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 finds that Verizon is legally (pursuant to NY Public Service Commission Rules and other statutory requirements), technically, financially and otherwise qualified to meet the cable -related needs and interests of the Town of Wappinger and that Verizon will meet all statutory and regulatory non-discrimination requirements. 3. The Town Board finds, based on the presentation by Verizon, that the cable service offered by Verizon will include competitive offerings with its existing competition. 4. The Town Board determines that it serves the public interest to award Verizon a franchise to own, construct, operate and maintain a cable system along the public rights-of-way within the Town in order to provide cable service. 5. The Town Board authorizes the award of a non-exclusive franchise to own, construct, operate and maintain a cable system along the public rights-of-way within the Town, Town of Wappinger Page 5 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 0 in order to provide cable service, which authorization is made in accordance with the applicable provisions of Title VI of the Communications Act and the Cable Laws. 6. The Town Board of the Town of Wappinger hereby authorizes Supervisor Christopher J. Colsey to enter into the Verizon Franchise Agreement, in the form of the draft last prepared March 21, 2008, provided paragraph 12.4.1 thereof is deleted in entirety, and to further authorize Christopher J. Colsey to execute any other documents necessary to effectuate the granting of the franchise to Verizon on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES. -2008-102 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: ....... Colsey, Beale, Bettina, McCarthy, Paoloni MTBE Litigation Yes/Aye No/Nay Abstain Absent 0 Adopted - Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 8 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder El ❑ ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator El ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24`h, 2008 The Resolution is hereby duly declared adopted. Executive Session Motion To: go into Executive Session at 8:44 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: ....... Colsey, Beale, Bettina, McCarthy, Paoloni MTBE Litigation Yes/Aye RESOLUTION: 2008-100 Abstain Resolution in Executive Session to Approve Settlement CONFIDENTIAL The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-100 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder a ❑ ❑ ❑ ❑ Defeated Vincent Bettina VotercC a ❑ ❑ ❑ ❑ Tabled Maureen Marthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24`h, 2008 The Resolution is hereby duly declared adopted. Motion To: come out of Executive Session at 9:07 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 6 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 VI. Discussions A. Senior Housing Proposal/Re-Zone - Toll Brothers Deputy Supervisor William Beale opened the discussion in place of Supervisor Colsey. Richard L. O'Rourke, partner in the law firm of Keane and Beane, P.C., was joined by Richard Rang, Toll Brothers Assistant Vice President for Land Acquisition, Dan Zalinsky, Toll Brothers Division Senior Vice President, and Bill Povall, Consulting Engineer with Povall Engineering. In January of 2008, Toll Brothers filed an application for rezone. The land is presently zoned as R40. The proposal involves the rezoning of 145.31 acres out of a total of 149.35 acres. The balance will remain in the R40 zone. The proposal consists of 247 age -targeted dwelling units, 171 attached and 76 unattached. Additionally the proposal is also for 10 percent of this entire community to be workforce housing. The rezone petition reflects, compliments and implements the current intention of the Town's Master Plan. Councilwoman McCarthy asked what the average price would be for one of the homes. Mr. Zalinsky replied that the singles are going to be in the $350,000 range and the town homes would be just under $300,000. Discussion about the workforce housing followed. Mr. Zalinsky noted that the entire community is designed to be an age -targeted community. Councilman Beale asked for clarification of what "age -targeting" is. Mr. Zalinsky replied that this is targeted towards an active adult, aged 55 years and up. It is a certain lifestyle and demographic being targeted as well, not just the age. Councilman Beale asked if this is intended to be a gated community. Mr. Zalinsky confirmed. Mr. Rang explained that the rear section is intended to be a gated community. The other sections are not. Councilman Bettina asked how the roads would be maintained. Mr. Zalinsky answered that it is their plan to have the needs of the community, such as roads and garbage, maintained by the HOA. Councilwoman McCarthy noted that she had concerns about the additional traffic that will affect the area and the impact it will have on the schools. Councilman Bettina commented that, since it is proposed as an age targeted community, as opposed to an age restricted community, anyone can purchase these homes. Mr. Zalinsky explained the basis of the marketing concept. The company doesn't predict many buyers within this age target having school -aged children. Councilwoman McCarthy noted that she fits into the demographic and has school -aged children. She feels that there is potential for a huge impact on the district. Mr. Zalinsky noted that these are two bedroom houses. He also pointed out that this has been done successfully throughout many other municipalities and he feels, according to the fiscal impact assessment, this will create an annual budget surplus of approximately $720,000 in school taxes. He explained that a downside of an age -restricted community is that qualified buyers without any children may be turned away. The sales rate can increase 10-15% if the target is age -targeted and not age -restricted. The community could be sold out approximately three years sooner. That would mean quicker tax revenue for the Town. Mr. O'Rourke added that, on a continuum, when you have an age -targeted or restricted community you can anticipate the type of buyer. The typical family is not looking to purchase a 2 bedroom home with the master bedroom on the 1" floor. He quoted certain portions of the Master Plan, and reiterated their proposal and how it meets the needs of the Town. He pointed out that the question is whether or not the Board would want this type of community. Councilwoman McCarthy stated she would rather see a real senior housing proposal; one which senior citizens can realistically afford. Mr. O'Rourke asked how she would define Senior Housing. She explained her personal experience with her in-laws and their need for affordable senior housing. In that case, they had to move to the Town of Poughkeepsie because nothing was offered in Wappinger. She went on to state that these houses are not within the income of senior citizens on a pension and fixed income. Councilman Bettina asked if there were any ranch -style homes in the plan. Mr. Rang described the types of homes laid out in the plan. Mr. Zalinsky commented that the Councilwoman was defining senior citizen housing by price point. He asked if the homes would be senior citizen housing if they were priced in the $200,000 range. Councilwoman McCarthy replied that senior citizen housing consists of several components such as price, handicapped accessibility, floor design, etc. The homes that they are offering will be prohibitive for many seniors. Discussion about the types of houses in the plan continued. Councilman Paoloni commented on the statement that 145 of the 149 acres are being rezoned from R40 to RMF5. He asked where the 145 acres are. Mr. Rang used a color map to show which section is the 145 acres. Councilman Paoloni then commented that it is all single family and asked why 145 acres needed to be rezoned to RMF5. Mr. O'Rourke replied that it would allow the applicant to get the desired density and design. Mr. Rang went on to say that the center of the Property is in the COP (Conservation Office Parks) Zone. The portions around Town of Wappinger Page 7 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 the perimeter are zoned R40 and all the properties surrounding are zoned R20. Councilman Paoloni asked why then they aren't seeking to rezone to R20. Mr. Rang replied the plan for the community is to be an active adult community, which is what they believe is reflected in the Master Plan. Discussion followed. David Stolman, Town Planner, asked why they were asking for RM175 when RM173 is more suitable. Mr. Rang answered that he would have no problem with asking for RMF3. Mr. Stolman added that there were other alternatives to their plan and the zoning can be amended to fit the project. Mr. O'Rourke agreed. Again he asked for the overall feedback from the Board. Councilman Bettina asked if there would there be any restrictions if the unit were to be resold. David Stolman asked why Toll Brothers believed that this housing development would not be appealing to a working couple with one child who are looking for a 2 bedroom home. Mr. Rang replied that he does not see many of those types of people coming to buy into this type of community. He asked Councilwoman McCarthy is she would rather work towards an age - restricted community. Councilwoman McCarthy answered that she would rather see real senior housing. Discussion continued pertaining to the purchase price of the units. Supervisor Colsey asked if there were subsidies through HUD if this were to be affordable senior housing. Mr. O'Rourke explained the various types of subsidies and their restrictions. He noted that this community would not qualify. Based upon the housing amenities, along with their research, the proposed community will generate far less school -aged children than traditional housing development. If the Board would like to see an age -restricted community rather than age targeted community, in order to make this proposal more palatable, they would make every effort to comply. Councilwoman McCarthy stated her concern about the layout of the homes. Although they are two bedrooms, they also consist of a study. The study could be converted to a bedroom. She feels that buyers may be attracted to a beautiful home with the potential space for a third child, located in a nice town with good schools. She went on to say that if this were an age restricted community, many of these issues would be eliminated. Councilman Bettina requested that a better review of the pricing of these homes may need to be reviewed. He does not believe that the town should have any cost impact to the Town other than sewer and water. Councilman Paoloni added that he believes that, within the Master Plan, which still isn't finished, there is enough affordable housing and multi -family structures. Supervisor Colsey closed the discussion at 9:46 PM. VII. Unanimous Consent Motion To: motion to add Wappinger United Soccer Discussion to the Agenda by Unanimous Consent RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni 1. Wappinger United Soccer Supervisor Colsey opened the discussion at 9:47 PM and introduced Mr. LaPerche. Mr. LaPerche addressed the board. Mr. LaPerche stated that the fields at Airport Drive have been talked about for some time now and he did not come to talk about that. His intention was to ask for the Board's assistance in repairing the fields. The fields were significantly damaged in this past fall due to the excessive amount of rain. There were also a higher number of children in the program, which led to an increase in the usage of the fields. There was no maintenance done with the Town last year in the thought that they would be proceeding with the projects this coming spring. The fields at Airport Drive are in need of scheduled repairs right away. The Wappinger United Soccer Board has given approval to begin the work and to spend the money needed. This work would include hiring an outside agency to aerate the property, slip seed the areas in need of seeding, fertilize and over seed the entire complex. It will require twice the amount of topsoil to be placed in areas that are low and deficient of soil now. The Wappinger United Soccer Board has agreed on $8,647 for the work. The hope is that Airport Drive is soccer's primary complex and will continue to be their primary complex. The club will need to put forth the effort to make sure the maintenance is being done. He has spoken to Bob Sheridan of the Town of Wappinger Recreation Maintenance, but Mr. Sheridan has not been able to provide assistance. To be successful there has to be a playing surface that is appropriate for the children. The Soccer Club is looking for permission for this, not financial assistance. The second proposal that Mr. LaPerche wanted to bring up involved the fields at Rockingham Park. There has been significant amount of flooding over the previous two years. Town of Wappinger Page 8 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 There has also been a significant amount of damage due to vandalism. Rockingham Park is not a playable surface right now. The first two fields are barren soil and rock. A significant amount of topsoil and excavating would need to be done. Wappinger United has spoken with JVB Landscape, a local company, who has given them the best ideas on how to remediate the first two fields. The process would include taking those two fields out of play for at least a year. Mr. LaPerche said he is pushing this now so that the work can take place in April. Otherwise, it would have to wait until August in order to have the proper germination. Discussion about germination followed. Mr. LaPerche then noted that there is another field at Airport Drive that is used as a developmental field which is approximately 300 feet by 150 feet. They would like to continue using that field this year but it also needs to be aerated, fertilized and seeded. The total cost of the project at Airport Drive is approximately $20,000. To do the treatments throughout the entire complex is approximately another $2,300. The Soccer Club is ready to do the work and they are hoping that the Town will be able to give some financial support. He noted that these are not the Soccer Club's own fields and they cannot go in and do the work without the Town's approval, but they are willing to make the financial contribution to make it happen. Supervisor Colsey asked if the Board has any opposition to them doing the work. All of the Councilmembers replied that they did not. Councilman Bettina asked Al Roberts, the Town Attorney, where the Town is on getting any money from the vandalism. Mr. Roberts stated he would like to address that in Executive Session, but he has been in communication with the Assistant District Attorney. They are compiling information which they intend to forward to the ADA that week. The individuals involved are under -aged so the chance of getting a substantial contribution towards repairing the facilities is not that good. Discussion followed. Councilwoman McCarthy moved that they split the cost of this project and take the money from the Parkland Trust Fund. She would recommend providing 50% of the funds needed. Mr. Roberts said that it would trip off a series of municipal requirements that would not apply to the club if they donated their own money. The project would have to go out to competitive bidding. Councilwoman McCarthy asked if that would apply if the Town provided the entire $30,000. Mr. Roberts confirmed. Discussion about General Municipal Law followed. Mr. Holt, Chairman of the Recreation Commission asked if the Town could take the entire $30,000 out of the Parkland Trust Fund and do the entire project. Mr. Roberts answered that it is possible if the Recreation Department will carry out the project. The Soccer Club's proposal was to use outside contractors. Councilwoman McCarthy asked if Mr. Holt had the manpower to do the project. He replied that he did not. Supervisor Colsey asked what the options were. Mr. Roberts explained the proposal put forth by Mr. LaPerche. In that proposal, the Soccer program would donate some funds to pay for an outside contractor to come in and to the work. Under those circumstances, it is not Town money. The only requirement would be for the contractor to provide necessary insurance coverage naming the Town as a certificate holder under the policy. Once taxpayer money is involved, the Town is then obligated to go out to competitive bidding and ensure the contractor is paying prevailing wage scale. Supervisor Colsey asked if the Town could pay the cost of only one field. Councilman Beale asked if the Town had a memorandum of understanding with the Soccer Club. His point was whether the Town had the same issues with soccer that there were with Little League. He asked if the Town contributed money to the Soccer Program. Mr. Roberts explained that the money goes towards the management of the Soccer Program. Councilwoman McCarthy pointed out that the Little League puts their money back into the program and contracts the work out on their own. Councilman Beale asked if that included the maintenance of the fields. Councilwoman McCarthy confirmed. Councilman Bettina asked why the Soccer Club couldn't do the same. Councilwoman McCarthy replied that it would leave the Soccer Club in the position that they are currently in. Little League spends tens of thousands of Dollars to maintain and rehabilitate the fields. This is exactly what Mr. LaPerche is proposing. She noted that Mr. LaPerche is asking to be able to spend the subsidy to repair fields. Councilman Paoloni clarified that the Soccer Club can do what they want with the money. Mr. Roberts confirmed. Supervisor Colsey asked how long it would take to get three bids. Mr. Holt answered that it would take three or four days. Councilwoman McCarthy added that she does not want to create a roadblock to repairing the fields. There is a true urgency to getting the work done. Mr. Holt pointed out that they are talking about two separate areas: Rockingham Park and Airport Park. Rockingham Park does not have the same stress on it that Airport Park does. He asked why he couldn't go out and get a contractor to fix Rockingham Park. Discussion followed. Mr. Roberts explained that the proposal he received from Mr. LaPerche was for $22,514. That is way over the statutory requirement. It would require compliance with all of the restrictions associated with competitive bidding. As there was confusion about which projects would be completed by whom, Mr. Roberts asked for clarification. Mr. LaPerche answered that the only project that he would ask the Town to do is the $17,000 project. He can wait on an Town of Wappinger Page 9 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 answer for that project, but needs approval for the other now. Councilman Paoloni mentioned that, during the FieldTurf discussions, the Soccer Program stated that they had $140,000 that they were willing to donate. He asked if the program still had that money. Mr. Holt answered that they are using that money. Councilman Paoloni asked if the program was using all of that. Mr. Holt answered that they are borrowing a portion from that fund. Councilman Beale asked, hypothetically, if the Town had a memorandum of understanding with the Soccer Program for the year 2008, could the Town subsidize the program for $20,000 to address the damage from last year's floods. Mr. Roberts explained that it is not a subsidy. The Town could enter into an agreement with the club to supervise a soccer program. There are issues with whether the constituent players are residents or non-residents. The Town could contract with them to provide certain services for the Town. Councilman Beale clarified that his question was whether this could be a way for the Town to provide the program with the additional monies. Mr. Roberts answered that the Town could contract to provide services. Mr. LaPerche noted that the program is spending an additional $20,000 of its own money for field space. That is coming out of the $140,000 fund. Councilman Paoloni asked if anyone is looking into using the school district's fields when they are available. Mr. LaPerche replied that those discussions are taking place now. Supervisor Colsey added that he has had discussions with the Superintendent. Councilman Paoloni also asked if baseball fields are going to be converted to soccer fields due to the reduced enrollment in Little League and the increased enrollment in Soccer. Mr. Holt asked what fields at Robinson Lane the Councilman was referring to. Councilman Paoloni replied that Mr. Holt had told him that fields 5 through 8 are hardly ever used. Mr. Holt commented that those fields are not large enough for soccer. The are fenced in and a maximum of 200 feet. Councilman Paoloni stated that the fences could come up. He would like to see some sort of dialogue on what is going to be done with those fields that are not being used. Mr. Holt replied that the fields were being used. He doesn't know that the answer is to pull any fences up. Supervisor Colsey closed the discussion at 10:11 PM. VIII. Discussions 1. Temporary Contractual Accounting Employee - Supervisor Colsey Supervisor Colsey opened the discussion at 10:11 PM. He noted that the Town Board met with Rita Brannen earlier. There is a resolution on the agenda to consider her as a temporary contractual employee in the absence of a Comptroller or Accountant. Councilman Bettina said the position should be for no longer than sixty days. He also wants to know the exact pay rate. Supervisor Colsey answered that the discussed rate is seventy- five dollars ($75.00) per hour. Councilman Bettina asked if the Attorney would have to prepare a contract with Personnel. Supervisor Colsey said that would be appropriate. Al Roberts, Town Attorney, said that if the Board wants a written contract, he is sure they can work up something simple. Discussion about a contract followed. Supervisor Colsey closed the discussion at 10:13 PM. 2. Accounting Software Proposals - Town Board Supervisor Colsey opened the discussion at 10:13 PM. He noted that the Town Board has been given three proposals for the software. He then asked the Board which vendor they have considered for a Resolution for the next Town Board meeting. There were no comments. Supervisor Colsey then tabled this discussion until the next meeting. The discussion was then closed at 10:13 PM. 3. Master Plan Update - David Stolman Supervisor Colsey opened the discussion at 10:13 PM. He asked David Stolman, Town Planner, to discuss the schedule. Mr. Stolman said that almost ninety percent of the Master Plan is done. The chart is a schedule that finishes the last ten percent within the moratorium that the Board has been talking about. He then explained the schedule. Mr. Stolman next brought up the Obercreek proposal that is in front of the Town Board and noted that they will have to make a decision. This topic is included in the schedule. Councilwoman McCarthy said that the plan that Alex Reese is realistically looking at isn't the one in the Master Plan. She asked if the plan is to have Alex Reese submit a new proposal in writing to the Town Board or are they dealing with the proposals that they have now. Mr. Stolman replied that he recalls something in writing, but he is not sure where it stands. Councilwoman McCarthy said they need to follow up on that as the reality of what is going to happen is different than what is in the proposal. Mr. Stolman said the hamlet seems to be off the table and the provision of water has been modified. Councilwoman McCarthy asked to get that Town of Wappinger Page 10 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 IX. X. in writing. Mr. Stolman said he would ask him for that and see about Mr. Reese coming back to present it and answer questions. Supervisor Colsey closed the discussion at 10:16 PM. 4. Accessory Apts (Sr. Housing) - Councilman Bettina and David Stolman Supervisor Colsey opened the discussion at 10:17 PM. He asked David Stolman, Town Planner, to talk about the Accessory Apartments. Mr. Stolman stated that they have done a first draft, which is merely a starting point. The way it is currently crafted, if the required relative vacates the apartment for any reason, the homeowner can rent the apartment or the principle dwelling to someone who is 55 or older. The person that is 55 years old or older could have a significant other, but there would be a limit of 2 people. Councilman Bettina noted that it is not unheard of for someone who is 55 to have a wife and a child. Discussion about the limit followed. Mr. Stolman noted that what he feels Councilman Bettina is referring to is that once the relative requirement is fulfilled, the other people in the apartment could be anybody of any age. Councilwoman McCarthy asked if it crosses the line into multi -family dwelling. Mr. Stolman replied that it didn't because the apartment is still restricted in size and it is always accessory and subordinate to the principal dwelling. Mr. Stolman said that George Kolb, Director of Code Enforcement, has said in the past that it is not seen as a two family dwelling under the New York State Building Code. Discussion followed. Supervisor Colsey closed the discussion at 10:20 PM. 5. Cranberry Estates Subdivision - Town Board Supervisor Colsey opened the discussion at 10:20 PM. Councilman Bettina said he thinks it should be tabled. Rick O'Rourke, representative of Cranberry Estates, suggested that, at the Town Board's earliest convenience, a meeting be scheduled to to discuss this topic. Al Roberts, Town Attorney, pointed out that there is an Article 78 proceeding pending and he would not recommend this discussion be done in public. Supervisor Colsey stated that this is tabled and will be placed on an April agenda. With no other comments or questions, the discussion was closed at 10:21 PM. 6. Carnwath - Councilman Paoloni Councilman Paoloni informed the Board of his upcoming meeting with a contractor from Reading, Pennsylvania, concerning the Golf Course at Carnwath. He added that he would appreciate any available Town Board Member or Recreation Member to also attend. Councilman Paoloni also looked into another vendor from New Hampshire. However, they would charge $500 fee to come out to the site. J, Minutes Approval Monday, March 10th, 2008 ✓ Vote Record - Acceptance of Minutes for March 10'h, 2008 7:00 PM E$ Adopted -- Yes/Aye No/Nay Abstain Absent ® Accepted Christopher Colsey Voter ® ❑ ❑ ❑ ❑ Accepted as Amended William Beale Seconder ® ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ® ❑ ❑ ❑ ❑ Maureen McCarthy Initiator El ❑ ❑ ❑ ❑ Joseph Paoloni Voter ® ❑ ❑ ❑ Correspondence Log RESOLUTION: 2008-101 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓'Vote Record -'Resolution RRS-2008-101 E$ Adopted -- Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter ECJ ❑ ❑ ❑ ❑ Defeated William Beale Seconder ® ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator ® ❑ ❑ ❑ Jos e ph Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24th, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page I1 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 XI. Public Portion Motion To: suspend Rules for public access on the Agenda Items at 10:23 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Public Comments Supervisor Colsey opened the floor to public comment at 10:23 PM. Concetta Oliveri mentioned the proposal for Escrow refund for Handy Rental which is still under consideration and has still not been completed. It is her position that they should not be refunded any money. She went on to list her reasons why it should not be refunded. Councilman Beale added that he would not support their escrow refund until all work is completed. Councilman Beale made a motion to reinstate the Rules at 10:25 PM. The motion was seconded by Councilman Bettina and passed unanimously. Motion To: reinstate the Rules at 10:25 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni XII. Resolutions RESOLUTION: 2008-103 Resolution Declaring Contractor Default WHEREAS, the Town of Wappinger previously entered into a Contract dated November, 2004 with MJW Consulting, Inc. with an office at 33-33 161St Street, Flushing, New York 11358, hereinafter referred to as "MJW", to provide for mass appraisal services related to the completion of a Town Wide Real Property Revaluation to be completed by June 1, 2007; and WHEREAS, pursuant to the aforementioned Contract, John M. Watch was designated the Project Manager and Christian Harkins, Town Assessor to the Town of Wappinger, was designated Project Administrator; and WHEREAS, pursuant to Paragraph 34 of the Contract, MJW was required to produce specifically identified "Deliverable Products"; and WHEREAS, the Town Assessor, acting as Project Administrator of the contract, has advised the Town Board that most of the "Deliverable Products" have not been provided by MJW as follows (in order pursuant to Paragraph 34): Deliverable Produced (Yes/No) Project Status No Training No Data Collection Form with Sketch Yes Digital Copy of Sales Yes Report of Failures/Discrepancies No Tax Map Description No Valuation Process Outputs No Manual and Computerized Reports No Computer Produced Comparable Sales Yes Computer Produced Market/Income Report Yes for Commercial Parcels Computer Produced Market/Income Report Document for Commercial Parcels Received But Not Acceptable Computerized Copy of Valuation Factor No Land Schedules and Sales Analysis Documentation No Town of Wappinger Page 12 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 Overview Report of Valuation Methods Used No Limited Restricted Report for Each Unique/Highly No Complex Property Not Valued Cross Reference of Values Yes Report of Reasons for All Changes No Tentative Rule No Report on the Disposition of All Taxpayer Complaints No WHEREAS, the Project Administrator by letter dated November 20, 2007 advised MJW of the various provisions of the Contract with which it failed to comply, a copy of said letter is on file with the Town Clerk; and WHEREAS, the Project Administrator had made numerous attempts to have MJW comply with the terms and provisions of the Contract both in writing and orally by telephone; and WHEREAS, MJW has still failed to comply with the terms and provisions of the Contract, including, but not limited to the items recited above; and WHEREAS, in consequence of MJW's failure to perform and complete the project in accordance with the Contract above identified, the Town, and its residents have, and will incur unreasonable and unnecessary expenses to comply with the rules and procedures of the New York State Office of Real Property Tax Services in connection with a Town Wide Revaluation of Real Property Parcels; and WHEREAS, the Town Board hereby determines that MJW has failed to perform its obligations pursuant to the above referenced Contract and hereby declares that MJW is in default of said Contract, including, but not limited to, failing to provide the "Deliverables" as set forth in Paragraph 34 of the Contract identified above, failing to provide the work and products identified in the Project Administrator's letter of November 20, 2007, failing to provide necessary access to its computerized program and generally failing to otherwise comply with the requirements of the Contract in a timely and orderly fashion. 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. For the reasons set forth and identified above and for those reasons set forth in the letter of Town Assessor Christian Harkins dated November 20, 2007, designated as Project Administrator under the contract, the Town Board hereby finds that MJW Consulting, Inc. with an office at 33-33 161St Street, Flushing, New York 11358, has failed to perform its duties, obligations and requirements set forth in the Contract dated November, 2004 by and between MJW Consulting, Inc. and the Town of Wappinger, and hereby declares MJW Consulting, Inc. to be in default thereof. 3. The Town Board hereby directs the Attorney to the Town, Albert P. Roberts, Supervisor Christopher J. Colsey and Town Assessor and Project Administrator, Christian Harkins, to take all necessary legal actions and all necessary steps to enforce the provisions of the Contract and/or commence legal action to recover all costs and expenses the Town has incurred and will incur to supply the products, work, labor and services which were not supplied by MJW pursuant to the Contract dated November, 2004. 4. Supervisor Christopher J. Colsey, Town Assessor and Project Administrator, Christian Harkins and Attorney to the Town, Albert P. Roberts are directed to undertake all steps necessary and appropriate to ensure that the work otherwise required by the aforementioned Contract between MJW and the Town of Wappinger is undertaken and completed as quickly as practicable so as to comply with the requirements of the New York State Office of Real Property Tax Services with respect to the Town Wide Revaluation. 5. This resolution shall not be deemed an acceptance or approval of any work performed by MJW under the Contract. 6. This resolution shall not be construed as an acknowledgement that MJW has fulfilled any of its obligations under the Contract and cannot be construed in any way as an admission or acknowledgement that MJW is entitled to any payment under the contract; and 7. This resolution specifically reserves any and all rights the Town has to demand delivery from MJW of any and all products and services due under the Contract. 8. The Town Board hereby states that it does not waive any rights that the Town has under the Contract in adopting this resolution. Town of Wappinger Page 13 Printed 412/2008 F11 Regular Meeting Minutes March 24, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-103 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder EI ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-104 Resolution to Approve Settlement WHEREAS, traces of by methyl -tertiary butyl -ether (MTBE), tributyl alcohol (TBA) and have been found in the public water supply serving the United Wappinger Water District; and WHEREAS, the Town Board, by resolution dated February 9, 2004, retained the legal services of the firms of Weitz & Luxenberg, P.C. and Baron & Budd., P.C. (hereinafter "Special Counsel") to commence litigation on behalf of the Town of Wappinger and represent the Town in a class action lawsuit for all damages sustained by the Town as a result of the loss of use of groundwater because of contamination of MTBE, TBA and other contaminates in accordance; and WHEREAS, said litigation was commenced against numerous Defendants in the United States District Court for the Southern District of New York under the caption In re Methyl Tertiary Butyl Ether ("MTBE') Products Liability Litigation, Master File No. 1:00-1898 MDL 1358 (SAS), M21-88 (hereinafter the "Action"); and WHEREAS, after substantial litigation, Special Counsel has negotiated a proposed settlement of the Action with many of the Defendants in said Action, and the action continues against other Defendants, including Exxon/Mobil; and WHEREAS, Special Counsel has provided the Town Board and the Attorney to the Town: the Settlement Agreement, a Release and Indemnity Agreement, a Treatment Protocol and an Escrow Agreement (the "Settlement Documents") for their review and consideration; and WHEREAS, Special Counsel and the Attorney to the Town have appeared at this executive session and discussed the Settlement Documents with the Town Board; and WHEREAS, the Town Board determines that it is in the best interest of the residents of the residents of the Town of Wappinger to settle the Action in accordance with the terms of the Settlement Agreement. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby confirms the actions it has taken in Executive Session this evening and hereby determines that it is in the best interests of the Town to settle with certain Defendants and by authorizing the execution of a settlement agreement. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-104 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as AmendedEl William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24th, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 14 Printed 41212008 Regular Meeting Minutes March 24, 2008 RESOLUTION: 2008-105 Resolution Appointing Seasonal Recreation Employees WHEREAS, the Town of Wappinger Recreation Director has requested, in a letter dated March 13, 2008, authority to hire certain persons as seasonal parks (labor) employees. BE IT RESOLVED, that the following employees are approved for hire on a seasonal basis consistent with the approved 2008 Town Budget (A7110.100): Name Employment Period 2007 2008 Jeff DeChristopher May 1 - September 1 $9.55 $9.84 Alex Pilouris May 1 - September 1 $9.27 $9.55 Frank McKinney March 26 --September 1 $14.45 $14.88 Bernie Roe March 26 - September 1 $11.88 $12.24 Vincent LaVacca March 26 - September 1 N/A $11.88 John Migliore March 26 - September 1 N/A $11.88 BE IT FURTHER RESOLVED, that the Recreation Director is hereby authorized to initiate employment with the aforementioned in accordance with the practices and policies of the Town of Wappinger. BE IT FURTHER RESOLVED, that any and all employees utilizing Town vehicles must provide proof of a valid drivers license for the purpose of notice to the Town of Wappinger liability insurer. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-105 0 Adopted _ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Voter ® ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24`h, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-106 Resolution to Temporarily Transfer the Duties of Authorizing Inter -Bank Wire Transfers to the Town Supervisor WHEREAS, the Town of Wappinger has a vacancy in its Accounting Department from the voluntary resignation of the former Town Comptroller; and, WHEREAS, the Town of Wappinger maintains a policy of redundant authorities for the purpose of inter -bank transfers between an employee within the Town of Wappinger Accounting Department and the Town Comptroller. BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes Supervisor Christopher Colsey to serve in the place of the vacancy incurred as a result of the former Town Comptroller for the purpose of inter -bank wire transfers. The foregoing was put to a vote which resulted as follows: ✓ Vote Record = Resolution RES -2008-106 ® Adopted _ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Jos e ph Pao loni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24`h, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 15 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 RESOLUTION: 2008-107 Resolution Authorizing the Town Board to Issue and Approve the Warrant to Pay the Audited Claims Presented to the Town for 2008 WHEREAS, pursuant to Town Law § 119, which sets forth the procedure for the auditing of claims and issuance of warrants where there is no Town Comptroller, the Town Board must audit the claims and issue the warrants for the payment of said claims; WHEREAS, since the office of the Town Comptroller is currently vacant and the duties of auditing claims presented to the Town, and the issuing of warrants authorizing the payment of said claims and bills must be approved by the Town Board; and, WHEREAS, the Town Board has found that all the claims are just and accurate, has directed the Town Accounting Department to prepare an abstract of the audited claims, specifying the number of the claim, the name of the claimant, the amount allowed and the fund and appropriation account chargeable therewith. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby confirms that it has previously audited and approved all the vouchers as identified in the abstracts as provided to the Town Board in support of this Resolution as follows: 1. Abstract 21075 with total of Ninety -Nine Thousand, Eight Hundred and Three Dollars and 08/100 ($99,803.08); 2. Abstract 21076 with total of Two Hundred -Twenty Five Thousand, Nine Hundred and Forty Dollars and 14/100 ($225,940.14); 3. Abstract 21077 with total of Two Hundred -Twenty Four Thousand, Three Hundred and Fifty Nine Dollars and 37/100 ($224,359.37); 4. Abstract 21078 with total of Twenty Four Thousand, Two Hundred and Eighty Dollars and 00/100 ($24,280.00); 5. Abstract 21079 with total of One Hundred Fourteen Thousand and Seventy Eight Dollars and 27/100 ($114,078.27); 6. Abstract 21080 with total of Thirty Eight Thousand, Three Hundred and Fifty Nine Dollars and 16/100 ($38,359.16); 7. Abstract 21081 with total of One Hundred Fourteen Thousand, One Hundred and Seventy Eight Dollars and 23/100 ($114,178.23); 8. Abstract 21082 with total of Thirty Three Thousand, Seven Hundred and Sixty One Dollars and 15/100 ($33,761.15); 9. Abstract 21083 with total of One Hundred Ninety Eight Thousand and Ten Dollars and 86/100 ($198,010.86); 10. Abstract 21084 with total of One Thousand, Seven Hundred and Forty Eight Dollars and 09/100 ($1,748.09); and 11. Abstract 21085 with total of Four Hundred Ten Thousand, Two Hundred and Ninety Four Dollars and 511100 ($410,294.51). NOW THEREFORE BE IT FURTHER RESOLVED, the Town Board hereby authorizes the Town of Wappinger Accounting Department to transfer the respective funds into the General Disbursement Fund (GDF) to pay all claims as outlined in Abstract Nos. 21075 through 21085. NOW THEREFORE BE IT FURTHER RESOLVED, the Town Board hereby authorizes the issuance of warrants in accordance with the abstracts identified herein and then shall direct same to Supervisor Christopher Colsey and authorize and direct him to pay the claimant(s) the amount allowed upon their claim. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-107 Yes/Aye No/Nay Abstain Absent 0 Adopted - Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ 11 ❑ Defeated Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24th, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 16 Printed 4/212008 Regular Meeting Minutes March 24, 2008 RESOLUTION: 2008-108 Resolution Authorizing the Town Supervisor to Contract with the Poughkeepsie Dutchess Empire Zone WHEREAS, the Town of Wappinger annually supports and receives benefit from the Poughkeepsie Dutchess Empire Zone program; and WHEREAS, the Poughkeepsie Dutchess Empire Zone administrative body has submitted a request for funding for the 2008 fiscal year; and WHEREAS, the Poughkeepsie Dutchess Empire Zone administrative body has submitted a request to formalize their agreement with the Town of Wappinger, through a letter dated February 27, 2008. THEREFORE BE IT RESOLVED, that the Town Board hereby directs the Town Attorney to review said Agreement prior to its execution by the Town Supervisor. THEREFORE BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town Supervisor to execute such Agreement, in accordance with the advice of the Town Attorney, with the Poughkeepsie Dutchess Empire Zone program. THEREFORE BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the payment of Nineteen Thousand -Two Hundred Dollars and 00/100 ($19,200) from Town of Wappinger Budget Line B6510.400 (Empire Zones Contractual). The foregoing was put to a vote which resulted as follows: ✓'Vote Record - Resolution RES -2008-108 ❑ 0 Adopted - Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter ® ❑ ❑ ❑ ❑ Defeated William Beale Voter ® ❑ ❑ ❑ ❑ Tabled Vincent Bettina Initiator ® ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder ® ❑ ❑ ❑ a Joseph Paoloni Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-109 Resolution to Reconvene the Town of Wappinger Disaster Preparedness Committee WHEREAS, the Town of Wappinger Town Board authorized an update of the Town of Wappinger Disaster Preparedness Plan in 2002; WHEREAS, the Town of Wappinger Town Board appointed Mark Liebermann as the Chairperson of this committee; WHEREAS, the Town of Wappinger Disaster Preparedness committee met regularly through 2005 to complete its assigned task; and WHEREAS, the former Chairperson of Town of Wappinger Disaster Preparedness Committee has identified opportunities to update the current Plan THEREFORE BE IT RESOLVED, that the Town Board hereby authorizes the Town of Wappinger Disaster Preparedness Committee to reconvene with the purpose of updating the current Town of Wappinger Disaster Preparedness Plan. THEREFORE BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby re -appoints Mark Liebermann as the Chairperson of this Committee and directs the Chairperson to propose a list of members to the Town Board for approval. The foregoing was put to a vote which resulted as follows: ✓`Vote Record - Resolution RES -2008-109 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Defeated William Beale Initiator a ❑ ❑ ❑ ® Tabled Vincent Bettina Voter a ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter a ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24th, 2008 The Resolution is hereby tabled. Town of Wappinger Page 17 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 RESOLUTION: 2008-110 Resolution Authorizing Refund of Unused Escrow for Handy Rent All Center (1176 Rt. 9) WHEREAS, on or about February 16, 2006, Eugene Lois deposited Three Thousand, Seven Hundred Fifty Dollars and 00/100 ($3,750.00) with the Town of Wappinger for expenses associated with a Site Development Plan application; and, WHEREAS, Eugene Lois has requested a refund for One Thousand Three Hundred and Thirty Five Dollars and 50/100 ($1,335.50), as approved by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of One Thousand, Three Hundred Thirty Five Dollars and 50/100 ($1,335.50), made payable to Eugene Lois, Account Number 6157-02-624589-0000, for the refund of the unused escrow deposited for the property located at 1176 Route 9. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-110 Yes/Aye Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder EI ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 8 ❑ ❑ ❑ El ❑ Tabled Withdrawn Maureen McCarthy _ Voter 8 ❑ ❑ ❑ ❑ ❑ Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24th, 2008 The Resolution is hereby tabled. RESOLUTION: 2008-111 Resolution Authorizing Refund of Unused Escrow for the NYC Dept. of Environmental Protection Shaft 6 and Tunnel Rehabilitation WHEREAS, on or about May 17, 2006 the NYC Dept. of Environmental Protection deposited Three Thousand, Seven Hundred Fifty Dollars and 00/100 ($3,750.00) with the Town of Wappinger for expenses associated with a Site Development Plan application; and WHEREAS, the NYC Dept. of Environmental Protection has requested a refund for Two Thousand, Three Hundred and Thirty Seven Dollars and 50/100 ($2,337.50), as approved by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of Two Thousand, Three Hundred Thirty Seven Dollars and 50/100 ($2,337.50), made payable to the NYC Dept. of Environmental Protection, Account Number 06-3127, for the refund of the unused escrow deposited for the identified project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-111 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ 0 Tabled Maureen McCarthy Voter El ❑ ❑ ❑ 11 Withdrawn Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24th, 2008 The Resolution is hereby tabled. RESOLUTION: 2008-112 Resolution Authorizing Refund of Unused Escrow for Scenic View Estates Subdivision WHEREAS, on or about February 28, 2005, Frank A. Acocella deposited Twenty Two Thousand, Five Hundred Dollars and 00/100 ($22,500.00) with the Town of Wappinger for expenses associated with a Subdivision application; and Town of Wappinger Page 18 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 WHEREAS, Frank A. Acocella has requested a refund for Eighteen Thousand, Six Hundred Thirteen Dollars and 95/100 ($18,613.95), as approved by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of Eighteen Thousand, Six Hundred Thirteen Dollars and 95/100 ($18,613.95), made payable to Frank A. Acocella, Account Number 05-5101, for the refund of the unused escrow deposited for the identified project. The foregoing was put to a vote which resulted as follows: ✓'Vote Record - Resolution RES -2008-112 ❑ Adopted Yes/Aye„ No/Nay Abstain, Absent ❑ Adopted Christopher Colsey Voter ® , ❑ _ ❑ ❑ ❑ Adopted as Amended William Beale Seconder ® ❑ ❑ ❑ ❑ Defeated 0 Vincent Bettina Initiator 0 ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter ® ❑ ❑ ❑ ❑ Joseph Paoloni Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24th, 2008 The Resolution is hereby tabled. RESOLUTION: 2008-113 Resolution Authorizing Refund of Unused Escrow for the Vineyard Community Church (St. Nicholas Road) WHEREAS, on or about November 16, 2006, the Vineyard Community Church deposited Seven Thousand, Five Hundred Dollars and 00/100 ($7,500.00) with the Town of Wappinger for expenses associated with a Site Development Plan application; and WHEREAS, the Vineyard Community Church has requested a refund for Three Thousand, Seven Hundred Seventy -Nine Dollars and 35/100 ($3,779.35), as approved by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of Three Thousand, Seven Hundred Seventy -Nine Dollars and 35/100 ($3,779.35), made payable to the Vineyard Community Church, Account Number 06-3132, for the refund of the unused escrow deposited for the identified project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-113 ❑ Adopted Yes/Aye No/Nay Abstain Absent 11 Adopted as Amended Christopher Colsey Voter ® ❑ 11 ❑ ❑ Defeated William Beale Seconder 1Z ❑ ❑ ❑ ® Tabled Vincent Bettina Initiator ® ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter El ❑ ❑ ❑ Joseph Paoloni Voter ® ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24th, 2008 The Resolution is hereby tabled. RESOLUTION: 2008-114 Resolution Authorizing Refund of Unused Escrow for the Elgin Associates Incorporated Subdivision WHEREAS, on or about August 17, 2004, Elgin Associates, Inc. deposited Seven Thousand, Five Hundred Dollars and 00/100 ($7,500.00) with the Town of Wappinger for expenses associated with a Subdivision application; and WHEREAS, Elgin Associates, Inc has requested a refund for Six Thousand, One Hundred Thirty Dollars and 00/100 ($6,130.00), as approved by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of Six Thousand, One Hundred Thirty Dollars and 00/100 ($6,130.00), made payable to Elgin Associates, Inc., Account Number 04-3091, for the refund of the unused escrow deposited for the identified project. Town of Wappinger Page 19 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-114 Yes/Aye Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder a ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator El ❑ ❑ ❑ 21 Tabled Maureen McCarthy Voter El El ❑ ❑ ❑ Withdrawn Jos h Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24t", 2008 The Resolution is hereby tabled. RESOLUTION: 2008-115 Resolution Appointing a Member to the Town of Wappinger Ethics Board WHEREAS, Vincent Francese was appointed to the Town of Wappinger Ethics Board through the nomination of Councilman William H. Beale on January 14, 2008; WHEREAS, said appointee has voluntarily resigned from the Ethics Board on March 12, 2008. BE IT RESOLVED, that the Town Board hereby affirms the appointment of Nick Johnson to the Town of Wappinger Ethics Board for the unexpired term of Vincent Francese through January 2010. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-115 Yes/Aye Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder ❑ Tabled ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter a ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter a ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24t", 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-117 Resolution Appointing a Member to the Town of Wappinger Planning Board WHEREAS, Aaron Finch was appointed to the Town of Wappinger Planning Board on December 26, 2007; and, WHEREAS. said appointee has voluntarily resigned from the Planning Board on February 28, 2008. BE IT RESOLVED, that the Town Board hereby appoints June Visconti to the Town of Wappinger Planning Board for the unexpired term of Aaron Finch to January 1, 2010. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-117 Yes/Aye No/Nay Abstain Absent El Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator El ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter ❑ 2 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York March 24t", 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 20 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 RESOLUTION: 2008-118 Resolution Authorizing the Appointment of a Temporary Contractual Employee within the Town of Wappinger Accounting Department WHEREAS, the Town of Wappinger has a vacancy in. its Accounting Department from the voluntary resignation of the former Town Comptroller; WHEREAS, the Town of Wappinger Town Board is undergoing a candidate search to fill this vacancy; WHEREAS, certain time sensitive and customary functions related to this vacancy are pending completion; and, WHEREAS, the Town Board has interviewed the candidate proposed for this position BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes Supervisor Christopher Colsey to extend an offer of contractual and temporary employee to Rita Brannen for a period to not exceed sixty (60) days with an extension of contract to be considered by the Town Board at a regularly scheduled Town Board meeting. BE IT FURTHER RESOLVED, that the consideration of said contract shall not exceed Seventy Five Dollars ($75.00) per hour with a maximum weekly allotment not to exceed twenty hours. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby the transfer of funds from Al315.100 (Comptroller - Salary) to Al 315.401 (Comptroller - Fiscal Advisor) in an amount not to exceed the maximum consideration authorized herein. BE IT FURTHER RESOLVED, that the Town Board directs the Town of Wappinger Bookkeeper to release said compensation upon the presentation of a voucher as executed by the temporary contractual employee and the Town Supervisor enumerating all hours of service. Further, the Town of Wappinger Bookkeeper shall provide said employee with any forms or documents in compliance with the NYS Department of Tax and Finance and/or the Internal Revenue Service. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-118 ® Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter ® ❑ ❑ ❑ ❑ Defeated William Beale Seconder 0 El ❑ ❑ Tabled Vincent Bettina Initiator 0 0 ❑ 0 ❑ Withdrawn Maureen McCarthy Voter ❑ 0 ❑ ❑ Joseph Paoloni Voter ❑ 0 ❑ ❑ Dated: Wappingers Falls, New York March 24th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-119 Resolution Authorizing Facilities Committee to Conduct an Inventory and Analysis of All Town Owned Buildings and Structures WHEREAS, at a Board meeting on March 10th, 2008, the Highway Superintendent notified the Board of conditions at the highway garage that are of serious concern, and WHEREAS, it is the Town's responsibility to address these conditions and those existing in any part of the Town's infrastructure THEREFORE, BE IT RESOLVED, that the Town Board hereby orders an inventory and analysis of all Town owned buildings and structures. BE IT FURTHER RESOLVED, that this inventory and analysis include an audit of all Building Department files for said buildings and structures. BE IT FURTHER RESOLVED, that a history of these buildings and structures be provided to the Town Board and that this history shall include the following: the age of the building or structure, an inventory of renovations or modifications to each building or structure, the existence of proper building permits, certificates of Town and State Code compliance, building inspections, electrical permits and inspections, fire inspections and Certificates of Occupancy as appropriate. BE IT FURTHER RESOLVED, that, in order to provide a thorough inventory and analysis of Town owned buildings and structures, the Town Board appoints a Facilities Committee consisting of the following members: Highway Superintendent, Director of Code Enforcement, Electrical inspector, Fire Inspector, Town Engineer, Architect, Recreation Town of Wappinger Page 21 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 XIII. Commission Chairman, Insurance agent, and members of the Town Board; specifically Councilman Beale and Councilwoman McCarthy to conduct such inventory and analysis. BE IT FURTHER RESOLVED, that the Facilities Committee and the Town Board use the information gathered in this inventory and analysis to develop a Capital Master Plan for the Town's facilities. BE IT FURTHER RESOLVED, that the Facilities Committee provide a written report to the Board on a monthly basis outlining their findings and progress on this inventory and analysis. BE IT FURTHER RESOLVED, that the Facilities Committee commence with an inventory and analysis of all Town owned buildings and structures as outlined above immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-119 Yes/Aye Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 11 ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 24th, 2008 The Resolution is hereby duly declared adopted. Items for Special Consideration Motion To: add Resolutions 2008-120 by Unanimous Consent RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman j AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-120 Resolution Authorizing the 2008 Bulk Pick -Up WHEREAS, the Town of Wappinger has annually offered a Bulk Pick -Up for Town residents; and WHEREAS, the Town of Wappinger Highway Superintendent has proposed a schedule for the Bulk Pick -Up as provided to the Town Board BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town Highway Department to conduct the 2008 Bulk Pick -Up in accordance with the proposed schedule. BE IT FURTHER RESOLVED, that the Town Board authorizes mailed notices to be provided to Town residents outlining the schedule and policies of the Bulk Pick -Up process. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-120 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 8 11❑ ❑ ❑ Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator 0 ❑ _ ❑ ❑ Dated: Wappingers Falls, New York March 24th, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 22 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 Motion To: add Resolution 2008-121 to the Agenda by Unanimous Consent RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Christopher Colsey, Supervisor AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Motion To: amend Resolution 2008-121 to remove appointments of Bruce Lustig and Gary Trudell RESULT: ADOPTED [4 TO 11 MOVER: William Beale, Councilman SECONDER: Vincent Bettina, Councilman AYES: Christopher Colsey, William Beale, Vincent Bettina, Joseph Paoloni NAYS: Maureen McCarthy RESOLUTION: 2008-121 Resolution Appointing Members to the Recreation Commission WHEREAS, Ralph Holt was appointed to the Recreation Commission for a five year term to begin 5/1/1986; and WHEREAS, Ralph Holt was reappointed for five year terms in 1991, 1996 and 2001; and WHEREAS, Ralph Holt's term expired on April 301h, 2006; and WHEREAS, Meera Davd was appointed to fill the unexpired term of Nancy Cito on 9/25/2006; and WHEREAS, the term of office being assumed by Meera Dave expired on April 30th, 2007; and WHEREAS, Bruce Lustig was appointed to the Recreation Commission on or about 3/27/2006, to fill the unexpired term of Ronald Friedman; and WHEREAS, the term being filled by Bruce Lustig will expire on April 30th, 2008; and WHEREAS, Gary Trudell was appointed to the Recreation Commission on or about 12/20/2004, to fill the unexpired term of James Kennedy; and WHEREAS, the term being filled by Gary Trudell will expire on April 301h, 2008 THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby reappoints Ralph Holt to the Recreation Commission, retroactive to May 1St, 2006, for a five year term to expire on April 30th, 2011; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby reappoints Meera Davd to the Recreation Commission, retroactive to 5/1/2007, for a five year term to expire on April 301h, 2012. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-121 0 Adopted Yes/Aye NO/Nay Abstain Absent ❑ Adopted as Amended Christopher Colsey Voter ® ❑ ❑ ❑ ❑ Defeated William Beale Seconder ® ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter ® ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph PaoloniVoter 0 ❑ El Dated: Wappingers Falls, New York March 24th, 2008 The Resolution is hereby duly declared adopted. Town of Wappinger Page 23 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 1. Trish Maupin Memo Motion To: add Receiver of Taxes Memo issue to Agenda by Unanimous Consent RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni ....... Motion To: Approve the Extension of Collection of Taxes by 5 Business Days for Certain Seniors RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni XIV. New Business A. Councilman Beale New Business Councilman Beale reported that the Hughsonville Fire Department conducted drills at Carnwath Farms and reports that the alarm system is working. He went on to say that there is still no fire alarm in the mansion. He feels the Board may want to address this in the future in order to protect the assets. Councilman Beale then brought two unusual occurrences to the Boards attention. Apparently, a car went over the median and went into the EMS building. The driver of the vehicle was in cardiac arrest and unconscious. No damage was reported to the building. He further stated that it was fortunate that this accident happened on a non -work day, or there could have the potential for real problems. There also was an accident involving a Mobile Life ambulance in Wappinger. TransCare was called to treat the crew of the Mobile Life vehicle. There also was a patient being transported in the Mobile Life ambulance. Councilman Beale also reported that he received a phone call from a resident in the Village of Wappingers Falls relevant to an assessment concern. The property of the neighbor of the resident is assessed as a vacant parcel even though there is a house on it. The Dutchess County website incorrectly shows this parcel as being a vacant piece of land with an assessed value of $90,000. He will follow-up with an email to the Assessor. B. Councilwoman McCarthy New Business Councilwoman McCarthy asked that, at a future meeting, the Board discuss the specific abilities of the time clock with regards to the Paychex program. She also would like a policy in place for employees clocking in and out and accounting for personal time in the course of a business day. She further stated that it was her understanding that when the Town implemented the time clock, the time clock and Paychex software would be directly connected to one another in order to avoid duplication. She stated that she would like to be sure that this is up and running and that a limited list of employees would have the ability to go in and amend the entries. She also wants to ensure that the Town is holding the employees accountable for their time. Supervisor Colsey asked George Kolb, Code Enforcement Director, how his staff accounts for their time. Mr. Kolb answered that they currently complete paper time sheets that are submitted weekly. Mrs. McCarthy asked why this is still being done as opposed to clocking in and out. Supervisor Colsey replied that the time clock does not account for personal, sick or vacation time. Mr. Kolb stated that it was his understanding that the Paychex system would supply each employee with their balances of these times on their weekly paycheck. However, his employees reported that this is not the case. Mrs. McCarthy explained that their should be a code that is used for each category of time. The employee should be able to indicate what type of time is being used to alleviate the manual duplication of work. XV. Town Board Audit of Pending Vouchers Town of Wappinger Page 24 Printed 4/2/2008 Regular Meeting Minutes March 24, 2008 XVI. Adjournment Motion To: adjourn at 11:39 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni The Meeting Adjourned at 11:39 PM. (1, c J71n C. M sterson Town Clerk Town of Wappinger Page 25 Printed 4/2/2008