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2008-02-25 RGMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting February 25th, 2008 7:00 PM Agenda SUPERVISOR CHRISTOPHER J. COLSEY TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:00 PM Meeting called to order on February 25th, 2008 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Pledge of Allegiance III. Public Hearings 1. Public Hearing on the Establishment of the Maloney Heights Subdivision Drainage District IV. Discussions A. Blackthorn Loop - Graham Foster B. Cerebral Palsy Residential Proposal - Howard Yager, Bill Miller, Melissa Kamin C. Miracle League — Melissa Kamin D. Verizon FIOS Update — Al Roberts E. 21 Airport Drive Re -Zoning Proposal Al Roberts, David Stolman F. Parking Issues — Al Roberts, Graham Foster, Bob Gray V. Correspondence Log 2008-67. Resolution Authorizing the Acceptance of the Correspondence Log VI. Public Portion VII. Resolutions 2008-68. Resolution Accepting a Performance Agreement Secured by Surety Bond for the Maloney Heights Subdivision 2008-69. Resolution Authorizing the Updating and Completion of the Town of Wappinger Website 2008-70. Resolution of Recognition for Twenty Years of Service 2008-71. Resolution Authorizing the Replacement of Computer Equipment within the Town of Wappinger Assessor's Office 2008-72. Resolution Correcting Various Town of Wappinger Appropriations 2008-73. Resolution Authorizing the Purchase of a Highway Vacuum Sweeper for the Town of Wappinger Highway Department 2008-74. Resolution Authorizing the Inventory and Disposal of Surplus Computer Equipment 2008-75. Resolution Accepting the Voluntary Termination of a Town of Wappinger Employee 2008-76. Resolution Authorizing the Replacement and Repair of Kitchen Appliances within the Senior Center Due to an Electrical Malfunction 2008-77. Resolution Authorizing a Public Hearing in Connection with Initial Franchise Agreement for Cable Television Service with Verizon New York, Inc. VIII. Items for Special Consideration 2008-78. Order Establishing Maloney Heights Drainage District IX. New Business X. Adjournment Town of Wappinger 20 Middlebush Road Regular Meeting Wappingers Falls, NY 12590 townofwappinger.us ^' Minutes — Chris Masterson Supervisor 845-297-5771 Monday, February 251h, 2008 7:00 PM Town Hall IV. Call to Order Supervisor Colsey called the Meeting to Order at 7:11 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 Pledge of Allegiance Recognition for Twenty Years of Service Supervisor Colsey asked that Resolution 2008-70 be moved up to the front of the Agenda. He read the Resolution for those in attendance and asked that everyone join him in congratulating Mr. Liebermann on his accomplishment. Councilman Beale made a motion to move the Resolution up in the agenda. The motion was seconded by Councilman Bettina. The motion was not voted on. It was later withdrawn. Public Hearings Order Calling Public Hearing on the Establishment of the Maloney Heights Subdivision Drainage District Supervisor Colsey opened the Public Hearing at 7:13 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). Councilman Bettina made a motion to open the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. Town Attorney, Al Roberts, explained the petition for the Maloney Heights Drainage District, including the location and physical description. The estimated cost to maintain the drainage improvements per year is $5200. Divided by the eight lots, the cost would be $650.00 per lot per year. The cost would be passed on to the individual lot owners. Supervisor Colsey asked if there were any questions. There were none. Supervisor Colsey made a motion to close the Public Hearing. The motion was seconded by Councilman Beale and passed unanimously. The Public Hearing was then closed at 7:15 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Christopher Colsey, Supervisor SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Town of Wappinger Page 1 Printed 3/5/2008 Regular Meeting Minutes February 25, 2008 V. Discussions A. Blackthorn Loop - Graham Foster Supervisor Colsey opened the discussion at 7:15 PM. Graham Foster, Highway Superintendent, stated that there is persistent flooding during periods of high water flows in the Blackthorn Loop Subdivision. He was always under the impression that the drainage system was undersized. With the help of Bob Gray, Town Engineer, and some residents that had some drawings, Mr. Foster was able to locate two manholes that have been buried for thirty years. He managed to get them uncovered, cleaned out and they are free-flowing now. Mr. Gray gave him a map before the meeting that shows that there are two more manholes to locate and open up. Mr. Foster added that the drainage system and pipes are starting to fail and described what would need to be replaced and what it could be replaced with. He said that he will need the ground to dry up so that he can get into the catch basins and manholes. He would then get Bob Gray involved to come up with an evaluation as to how long the system will last and what the cost will be to replace. Councilwoman McCarthy asked if the replacement will have to be in its entirety or in pieces. Mr. Foster replied that it would have to all be done at once and explained why it could not be done piece by piece. Discussion followed about costs and a few other areas of the Town where the infrastructure will have to be updated in the near future. Supervisor Colsey then asked Mr. Foster if there were any imminent concerns for the residents. Mr. Foster replied that he did not feel that there are any and noted that there was a substantial rainfall last week with no issues. Discussion followed. Councilman Paoloni asked if there is a drainage district in place to pay for this project. He also wanted to know when the Town started using drainage districts. Mr. Foster replied that there was not one in place. The Town started using drainage districts in Keenan Acres two to three years ago. Councilwoman McCarthy noted that a resident had requested a letter for her insurance company. The Councilwoman wanted to know if the resident has received the letter yet. Supervisor Colsey answered that the neighbor came in and was not sure what he wanted. Supervisor Colsey asked that the resident have the insurance company call him. Mr. Foster added that the residents at 14 Blackthorn Loop and 16 Blackthorn Loop had damage. The resident at 14 Blackthorn Loop had some damage from the pump and hose running through the side and back yard. The resident at 16 Blackthorn Loop had substantial damage and would be willing to spread topsoil if the Town delivered it to his property. Mr. Foster would need Mr. Gray to come out to look at the property in order to get the proper figures. Councilwoman McCarthy pointed out that there are residents present who have had damage. She asked that a gentleman who was affected be allowed to speak to see if he had any other concerns not yet addressed. Mr. Sivco, a resident of Blackthorn Loop, asked who signed off on the manhole covers that were six to eight inches below street level. Mr. Foster replied that it would have been done by the Town Engineer back in the 1970's. Mr. Sivco added that, when the area flooded back in August, the Town Engineer was supposed to fix the problem but never did. Supervisor Colsey stated that they have addressed this in the first six weeks of his administration. Mr. Foster continued, pointing out that the manholes have been brought up to grade. Mr. Sivco clarified what caused the problem. He claimed that there was a steel grate at the opening of the system. The grate would get blocked with debris. The people responsible for cleaning the debris cut the grate off so that it wouldn't get blocked up. Supervisor Colsey then said that the Town Engineer has been instructed to address this issue immediately. Mr. Gray was then instructed to contact the resident and keep him informed of the progress. Another resident of Blackthorn Loop asked if the Town will be coming out to check all manhole covers. There is one by her that has not been checked in over fourteen years. Mr. Foster replied that he will look at them as he now knows where they all are. There was then a discussion about catch basins and the ninety -degree turns in pipes. Supervisor Colsey directed Mr. Gray to look into anything that is consequential to this issue. A resident of 17 Blackthorn Loop noted that she also had damage from the flooding. She went on to say that there was currently water running across her property. She then asked if she would be getting topsoil as well. Supervisor Colsey again directed Mr. Gray to evaluate anything that was consequential to this issue. With no other comments, the Supervisor closed the discussion at 7:33 PM. B. Cerebral Palsy Residential Proposal - Howard Yager, Bill Miller, Melissa Kamin Supervisor Colsey opened the discussion at 7:33 PM. He asked Howard Yager to approach the Board. Mr. Yager is the Executive Director of Hudson Valley Cerebral Palsy Association, which is an agency that provides various services to people with disabilities. Mr. Yager said the proposal is to provide fourteen residential opportunities on Myers Corners Road at the Masonic Lodge. It is intended to serve higher functioning individuals with disabilities. Town of Wappinger Page 2 Printed 3/5/2008 t T_� Regular Meeting Minutes February 25, 2008 The organization has been looking for a long time to find a good location for this project. Mr. Yager explained that the majority of the individuals have already been selected. They are being served by Mr. Yager's agency or other agencies. This is a collaborative effort between several organizations. The program was then explained to the Town Board. Mr. Yager mentioned that staff would be available to the residents twenty-four hours a day when assistance is needed. This is a HUD project and the organization has received $2.3 million dollars from the Federal Government to be utilized at this site. Supervisor Colsey asked about the level that the residents would be able to function. Mr. Yager stated that the people will be coming in and going out of the house frequently, whether it is for work or to attend a day -program. Transportation would be available for them as well. The Supervisor then noted that, although the program name mentions Cerebral Palsy, the program would not be limited to people with Cerebral Palsy. For example, it would be available for Iraqi War Veterans. Mr. Yager commented that his organization has discussed with HUD the possibility of opening the program to other individuals. It would have to be agreed upon by the Office of Mental Retardation and Developmental Disabilities. It is something that he would like to work towards but is not something that is solid at this point. Mr. Yager then briefly described the set-up of the apartments. Councilwoman McCarthy asked how the people are considered qualified and chosen for this program. Mr. Yager answered that selection is in the form of a lottery. Discussion followed. Mr. Yager introduced the organizations General Counsel, Steven Mosenson. Mr. Mosenson discussed the process of site selection. Councilwoman McCarthy asked if Mr. Yager had drawings and plans for the project. Mr. Yager confirmed and added that he will provide them for the Board. With no further comments or questions, Supervisor Colsey closed the discussion at 7:47 PM. C. Miracle League — Melissa Kamin Supervisor Colsey opened the discussion at 7:48 PM. Melissa Kamin, Director of Community Relations for the Hudson Valley Cerebral Palsy Association, addressed the Board. She gave a brief introduction about the type of field that they are looking into and explained how it could be used. She also noted that Ford Motor Company has committed to providing the surface of the field, which would be made out of recycled tires. Several other groups have also expressed interest to their organization about providing surface material. The Agency is interested in building the accessible field, two typical fields, a playground and a concession. It would be something that the community could come together and enjoy. The funding of the project comes from fundraising and grants. Councilwoman McCarthy introduced Bettina Briccetti and asked her to discuss the Challenger program. Ms. Briccetti founded the Challenger program three years ago. The program is looking for suitable fields for the Challenger League's games. She plans to continue having meetings with Ms. Kamin to work something out. They pointed out that this would be a collaborative effort. Councilwoman McCarthy then added that she wants them to update the Town Board on their efforts and if there is any way that they can be helped. Ms. Kamin noted that her organization was just awarded a grant from National Institute of Health, through a President's Program called "I Can Do It, You Can Do It". There are other monies that will become available to them that the Town can help them pursue. With no other comments or questions, Supervisor Colsey closed the discussion at 7:54 PM. D. Verizon F/0S Update — Al Roberts Supervisor Colsey opened the discussion at 7:55 PM. Scott Parr, an outside consultant from Telecom Insight Group was present to represent Verizon. He proceeded to address the Board. Mr. Parr explained that the reason he is present is to provide information about Verizon FIOS. He then introduced his colleagues, Gabrielle Stormo, Matt Covell, and John Butler. John Butler, a part of Verizon's External Affairs Group, played a movie and briefly added some backup information. Discussion about the services followed. Florence Graff, a Town resident, asked what FIOS stood for. Mr. Butler answered that it stood for "Fiber is Our Solution". He went on to explain the benefit of using fiber optics. Mr. Parr explained that they are basing their franchise agreement on almost a hundred prior franchise agreements in other municipalities in the Southeastern corner of New York. Verizon is very close to finishing this process for a franchise agreement. They have addressed many of the Town's concerns, with the help of Al Roberts and with the participation of the New York State Public Service Commission. Verizon is providing space for a government channel, an educational channel, where original and live programs can be aired, and a public access channel. There will be approximately 9-10 free boxes at locations, such as schools, throughout the community. Verizon is also providing $40,000 in funding to be used, at the Town's discretion, to help support public, educational and governmental (PEG) programming in the community and to make the programming more available. Mr. Parr said that the Town is in a better position than most New York Towns, since Verizon is already prepared to serve almost Town of Wappinger Page 3 Printed 3/5/2008 Regular Meeting Minutes February 25, 2008 3/4 of the community. By the end of the first year of service, about 85% of the people will have access to Verizon's FIOS TV. Verizon reserves the right to take up to five years to serve all of the community. This provides a buffer for places that Verizon is unable to immediately bring service to, such as condominiums. Mr. Parr then described how Cablevision will play a part in the final phase of this agreement. He explained the hopes of Verizon, from the setting of the Public Hearing to providing the FIOS service to all Town residents. Councilman Paoloni asked Mr. Parr why Verizon needs to ask Cablevision for permission. Mr. Parr explained that Federal Law requires that Cablevision have an opportunity to comment. It is not literally asking for permission. The cooperation contributes constructively to the process. Councilman Paoloni asked why it would take six months to get approval. Mr. Parr answered that it is not unusual for it to take that long. Verizon has worked with the Town's team to address unique needs and concerns. Councilman Paoloni then asked how Verizon plans to wire the developments that have underground utilities. Mr. Parr stated that those developments are most likely the 15% that will not be completed by the end of this year. However, some may have wiring in anticipation of fiber optic coming to the Town of Wappinger. Councilman Paoloni said that most of the homes are wired for copper. He asked how Verizon will get the signal from fiber back to the copper wire. Mr. Parr explained the process. Councilman Bettina asked how this will affect builders who are currently in front of the Planning Board and if they will have to make an application with Verizon. Mr. Parr said that they would place an order. Verizon is very anxious to take advantage of their new construction, and to have the ability to run the fiber while the streets are open. He added that the main goal is to provide a choice which will force both Verizon and Cablevision to do more to earn the community's business. Councilwoman McCarthy stated she supports the availability of choice but asked about the fees. She has heard that there is a wonderful package for one year, but then the prices go up substantially. She mentioned surcharges and hidden fees that are tacked on. Mr. Parr replied that Verizon will work to attract attention and business. They will offer attractive packages to jump start the ability to gain subscribers. The deals will probably change after the first year. Mr. Parr noted that the increases have been slower than in the past and the customer today gets much more for each Dollar. Discussion followed. Councilwoman McCarthy asked if all cable broadcasts will be high definition in 2009. Mr. Parr clarified. In 2009, all of the broadcast channels must be digital. Councilman Beale asked how the municipal buildings to receive free service were selected. Mr. Parr answered that they were provided to Verizon from the Town's negotiation team. Councilman Beale stated that he did not see the Emergency Services Building on there. He would like to see if the fire stations would qualify for free services as part of the agreement. Discussion followed. Councilman Beale pointed out that residents of condominiums have contacted him with concerns of whether or not they will be able to get this service when everyone else does. He asked for clarification. Mr. Parr explained that condominiums fall under the category of multiple dwelling units (MDU). An MDU presents different challenges to bring service to those customers. Verizon would need to negotiate for permission to enter each facility. Discussion about condominiums followed. Councilman Paoloni noted that he has Verizon telephone service. He knows that there is a cancellation fee if he cancels his contract early. He asked if there is a similar penalty for this service. Mr. Parr explained that Verizon Wireless is not part of Verizon. He briefly discussed such fees and stated that he will find out what they are for the Board. Graham Foster, Highway Superintendent, asked if Verizon was proposing to open -cut all the driveways or bore the driveways and roads. Mr. Parr said that Verizon would bring in James Evangelisti, Verizon's outside plant engineer, to talk directly with Mr. Foster. Councilman Beale asked if Verizon was at this stage of negotiation with any other municipality in Dutchess County. Al Roberts, Town Attorney, stated that the Town's negotiation was a tripartite negotiation that included the Village of Wappingers Falls and the Town of Poughkeepsie. The municipalities were assisted by John Figliozzi of the New York State Cable Commission. Mr. Figliozzi will attend the Public Hearing. Discussion followed. Councilman Beale asked if it would be possible to amend Exhibit A to include the fire stations and Emergency Services Building. Al Roberts confirmed that it would be possible. Mr. Parr added that Verizon will have a final agreement that will reflect those comments. They will be working with Mr. Roberts right up through the Public Hearing. Supervisor Colsey asked Mr. Roberts if he would have any problem going through the agreement. Mr. Roberts replied that he would not be able to do that as he will be working on the Cranberry issue. With no other comments or questions, Supervisor Colsey closed the discussion at 8:34 PM. Concetta Olivieri began making comments from the audience. She wanted the Board to be aware of personal Town of Wappinger Page 4 Printed 3/5/2008 Regular Meeting Minutes February 25, 2008 experiences that she has had with Verizon. Supervisor Colsey asked if Ms. Olivieri could hold her comments until the Public Portion of the Agenda. The resident agreed. E. 21 Airport Drive — At Roberts Supervisor Colsey opened the discussion for a rezoning application for 21 Airport Drive at 8:34 PM. This property is owned by Mr. Buyakowksi. The Supervisor mentioned that the Town has almost completed the Master Plan. The Board would not entertain a re -zoning application at the moment, but would listen to what they have to say as a part of that process. Robert Lackaye, representative for the applicant, addressed the Board and explained the location of the parcel. It is currently zoned GB. The parcel has been developed as an industrial area. All of the other parcels are industrial as well. The applicant wishes to change to zoning in order to conform, as it is the anomaly. This parcel is the only one that is GB, not Al. He went on to describe the structure that is already on the parcel. Al Roberts, Town Attorney, noted that it was his understanding that it was to be used as a part of an education and training unit for the finishing trades. He asked if that was still on the table. Mr. Lackaye answered that it would depend on timing. He added that there is no signed contract. Mr. Roberts explained that it would not be a permitted use in a zoning of Al. The applicant understood. Mr. Roberts clarified that the applicants are really asking for a zoning change to Al and then an amendment to the permitted uses in Al. Discussion about this possibility followed. Councilwoman McCarthy asked what is entailed in changing the permitted use. Mr. Roberts replied that it is a zoning amendment and a relatively minor change. The Councilwoman followed up by asking if there was a downside to amending the permitted use. Al Roberts replied that there was not. Councilman Paoloni noted that this sets a precedent so that others can come to the Town Board and say that they wish to change their zoning. Discussion about the parcel followed. Councilman Paoloni asked whether a contract rezone would solve the problem. Mr. Roberts answered that it is not a contract rezone. It is a policy consideration of whether the Board will await the Master Plan or not and whether the Board considers this relatively insignificant. Councilman Paoloni mentioned that the moratorium excluded commercial. Therefore, this would not set a precedent. Al Roberts noted that this is not proposed to be included as a rezone. There have been several other requests for zoning changes in commercial areas that have been deferred to the Comprehensive Plan Committee. Discussion followed. Supervisor Colsey asked if there are any rezone applications that are commercial to commercial. He noted that there are some that are proposed to go from residential to commercial. Al Roberts stated that they are all anomalies. He went on to list the rezone applications. Councilwoman McCarthy stated that she just wants to make sure that the Town is consistent with the implementation of the Master Plan. Al Roberts informed the Board that there will need to be an escrow established for the rezone to continue. Discussion about the rezone process followed. Councilman Bettina made a motion to set the escrow at $3,000.00 and refer this application to the Planning Board. The motion was seconded by Councilman Beale and passed unanimously. With no further comments or questions, Supervisor Colsey closed the discussion at 8:54 PM. Motion To: set Escrow for the 21 Airport Dr. rezone application at $3000 & refer application to Planning Board RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni F. Parking Issues - At Roberts, Graham Foster, Bob Gray Supervisor Colsey opened the discussion at 8:54 PM. Councilman Bettina said he had several residents complain to him about parking during snow emergencies on both sides of the road. There are signs posted on Town roads that prohibit parking during certain times of the year. Another issue was brought up by Mark Liebermann, Town Fire Inspector, about parking on Ronsue Drive and whether a fire truck would be able to make the turn onto Ronsue from Fleetwood. According to the Councilman, Mr. Liebermann feels that twenty feet from the stop sign should be marked as "No Parking" on both sides of the road so that a fire truck could negotiate the turn. The area should also be painted yellow. Councilman Bettina said that the Town of Wappinger Page 5 Printed 3/5/2008 Regular Meeting Minutes February 25, 2008 Town should look into the parking situation at intersections throughout the Town. He then asked that Al Roberts, Town Attorney, get back to him about parking concerns on Old Route 9. Mr. Roberts stated that Old Route 9 has turned into a commercial corridor. He feels that there is a legitimate reason to look at whether there should be any sort of parking on the road. Councilman Bettina said that he would like the Town Highway Superintendent, the Town Planner and the Town Engineer to look into that as well as marking off an area at intersections. He also noted that he has been told contradicting opinions that it is permissible to have one and two cars in a driveway without license plates. He asked for clarification on this topic. Mr. Roberts said that the Zoning Administrator can answer that question, but he believes it is one vehicle. Mr. Foster asked Councilman Bettina how many intersections the Councilman wants him to look at. Councilman Bettina replied that he would at least like the ones near Ronsue Drive checked. Mr. Foster stated that twenty feet is not reasonable. He doesn't feel anyone parks within twenty feet of an intersection. Twenty feet is only one car length. He feels that the Board should make it fifty feet. Councilman Bettina then asked that all intersections where Mr. Foster feels there could be an issue with access for emergency vehicles be looked at. Mr. Foster replied that he would need more specific information. He recommended that the Fire Chiefs notify him of any areas of concern. Discussion about the intersections to be researched followed. Councilman Bettina noted that he did not want the impression that this was selective enforcement. Councilman Bettina asked for Mr. Foster, Mr. Roberts and the professional staff to get back to him in regards to the intersections as well as make recommendations for the intersections and Old Route 9. With no further comments or questions, Supervisor Colsey closed the discussion at 9:02 PM. VI. Correspondence Log RESOLUTION: 2008-67 Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-67 ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Voter 0 ❑ 11 ii ❑ Adopted as Amended William Beale Voter ECJ ❑ ❑ ❑ ❑ Defeated ❑ Vincent Bettina Seconder 8 ❑ ❑ El Tabled ❑ Withdrawn Maureen McCarthy Initiator l� ❑ ❑ ❑ Joseph Paoloni Voter l�J ❑ ❑ ❑ Dated: Wappingers Falls, New York February 25th, 2008 The Resolution is hereby duly declared adopted. VII. Public Portion Motion To: open the floor for public comment on the agenda items at 9:02 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Public Comments Concetta Olivieri, a Town of Wappinger resident, wished to comment about Verizon. She wanted the Board to be aware of the fact that the Verizon representative had said that the company was not allowed in the area unless they had a franchise. Al Roberts, Town Attorney, clarified that this applied to cable services. Ms. Olivieri went on to say that Verizon representatives were going through the area on foot during the summer. She permitted the representative to give his sales pitch even though she was very unhappy with the company. She had repeatedly asked Verizon to lower her bill to no avail. She was also upset that the Verizon Town of Wappinger Page 6 Printed 3/5/2008 Regular Meeting Minutes February 25, 2008 representative had given her a pen which no longer works. She does not want to see the Town residents get hurt by such a company. Ms. Olivieri has tenants in her multiple dwelling building. In order to protect her tenants, she feels that she should have them sign a new lease. The new lease will not allow people to rent her apartments if they are subscribers of Verizon services. Ms. Olivieri asked the Town Attorney if this is what she should do. Mr. Roberts noted that it would not be appropriate for him to answer such questions. He went on to explain to the resident that the situation that is on the Agenda is part of a federal regulation. The Town is required to be in a competitively neutral position in the negotiations. Ms. Olivieri again asked if she would be covered if she tailored her leases as she had previously mentioned. Mr. Roberts again replied that he would not comment and that she should ask her attorney. The next resident to comment was Jim Haw. He is currently a Verizon subscriber for internet and phone, and a Cablevision customer for television service. Mr. Haw pointed out that he supports having competition in the area and believes this would be in the best interest of the residents. Discussion followed. Mr. Roberts explained that the application from Verizon had only just arrived and, therefore, the Resolution should be put on hold until the next meeting. Ms. Olivieri again asked the Board if Verizon had the right to go through the Town seeking customers. Mr. Roberts replied that he wasn't fully sure of the specifics surrounding those events. He noted that the former Supervisor had received complaints from residents about the Verizon salesmen. There was a miscommunication between the negotiating team and the local sales force. The problem was addressed and the door-to-door sales team did eventually stop walking through the Town. He recommended that Ms. Olivieri hold her comments until the Public Hearing. She replied that she would. The next resident to speak was Janice Brickwood. She asked if the Town Board had considered a Dog Park. She discussed Dog Parks in neighboring towns. Supervisor Colsey replied that Councilman Bettina has been leading the charge on exploring the possibility of such a parkin Wappinger. Florence Graf was the next resident to speak. She asked to comment on Carnwath Farms. Supervisor Colsey pointed out that Carnwath Farms was not on the Agenda. Councilman Bettina moved to reinstate the rules. The motion was seconded by Councilwoman McCarthy and passed unanimously. Motion To: reinstate the rules RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni VIII. Resolutions Motion To: move Resolution 2008-78 up in the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-78 Order Establishing Maloney Heights Drainage District WHEREAS, the written Petition of ATTALLAH NESHEIWAT and JOSEPH NESHEIWAT, dated November 27th, 2007, as Petitioners and Owners of 100% of the Maloney Heights Subdivision ("Subdivision"), has been presented to and filed with the Town Board of the Town of Wappinger, New York, requesting the approval of a drainage district to be known as the "MALONEY HEIGHTS DRAINAGE DISTRICT" which is more particularly described in the Map, Plan and Report for the Maloney Heights Subdivision dated September 22"d, 2005, prepared by Paggi, Martin & Del Bene, LLP and filed in the Office of the Town Clerk; and WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the Maloney Heights Drainage District", dated September 22"d, 2005, and relating to the establishment of the proposed drainage district, was prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with the Town of Wappinger Page 7 Printed 3/5/2008 Regular Meeting Minutes February 25, 2008 Town Clerk and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report is in accordance with the requirements of Article 12 of the Town Law; and WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town Board on January 28th, 2008, reciting the filing of said Map, Plan and Report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the Map, Plan and Report describing the same was on file in the Town Clerk's Office for public inspection, and stating all other matters required by law to be stated, and specifying February 25t , 2008 as the date, at 7:00 in the evening of said day as the time, at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York as the place where this Town Board would meet and consider said Map, Plan and Report, and to hear all persons interested in the subject thereof, and to take such action therein as is required or authorized by law; and WHEREAS, such Order was duly published and posted as required by law and copies of such Order were duly mailed to Petitioners/homeowners of all properties in the proposed District, and proof of publication, posting and mailing has been duly presented to the Town Board; and WHEREAS, a Public Hearing on said matter was duly held by said Town Board on February 25th, 2008, at 7:00 p.m. in the evening on said day, in the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing in opposition thereto, and Steven Nesheiwat, Esq. and Robert V. Oswald, Jr. appearing on behalf of the Petitioners, in favor of the Petition; and WHEREAS, pursuant to said Petition, it is the intention of the Petitioners, ATTALLAH NESHEIWAT and JOSEPH NESHEIWAT, to construct the improvements set forth in the Map, Plan and Report solely at their own cost and expense. NOW, AFTER DUE DELIBERATION, IT IS HEREBY ORDERED, DETERMINED AND RESOLVED AS FOLLOWS: 1. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. The Notice of Public Hearing was published and posted as required by law, and is otherwise sufficient. 3. The Petitioners as 100% owners of the property were duly mailed a copy of the Notice of Public Hearing and proof thereof was submitted to the Town Board. 4. The Petition presented to this Board for the establishment of the MALONEY HEIGHTS DRAINAGE DISTRICT was signed and acknowledged as required by law and was otherwise sufficient. 5. All the property and property owners within the proposed district are benefited thereby. 6. All the property and property owners benefited thereby are included within the limits of the proposed district. 7. There will be no hook-up fees for any of the properties within the district. 8. There will be no capital costs assessed to the properties within the district for the improvements proposed to be constructed. 9. The estimated annual cost of Operation and Maintenance of the proposed improvements within the district is estimated to be Five Thousand Two Hundred ($5,200.00) resulting in a cost for the typical property herein, equally divided among eight (8) lots, of Six Hundred Fifty ($650.00) Dollars per lot for a typical property within the said district. 10. A detailed explanation of the improvements to be made and the estimate of Operation and Maintenance charges have been included in the Map, Plan and Report which has been filed in the Office of the Town Clerk and the same has been made available during regular office hours for examination by any person interested in the matter thereof. 11. It is in the public interest to establish the MALONEY HEIGHTS DRAINAGE DISTRICT. BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the establishment of the MALONEY HEIGHTS DRAINAGE DISTRICT in the Town of Wappinger, Dutchess County, New York, and the improvements therein, as more fully described above and in the aforementioned Map, Plan and Report is hereby approved and established and said drainage district shall be bounded and described as set forth in Schedule "A" attached to the Petition; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the improvements for the said drainage district as set forth in the Map, Plan and Report are to be constructed by the Petitioners, ATTALLAH NESHEIWAT and JOSEPH NESHEIWAT, wholly at their own expense, and Petitioners have agreed to convey such improvements to the Town of Wappinger and/or the MALONEY HEIGHTS DRAINAGE DISTRICT, without costs, free and clear of any liens or encumbrances once the drainage facilities have been properly constructed to the satisfaction of the Town; and Town of Wappinger Page 8 Printed 3/5/2008 Regular Meeting Minutes February 25, 2008 BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that once the drainage improvements as set forth in the Map, Plan and Report have been constructed by the Petitioners and turned over to the Town, the cost for maintaining the district shall be assessed, levied and collected from the several lots and parcels of land within the said district in proportion to the benefit which each lot or parcel of land in said district will derive therefrom as set forth in the Map, Plan and Report; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town of Wappinger shall be reimbursed by the Petitioners, ATTALLAH NESHEIWAT and JOSEPH NESHEIWAT, for any fees or expenses paid in furtherance of commissioning the preparation of the Map, Plan and Report or in the formation of this district; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this Order in the office of the Clerk of the County of Dutchess, which is the County in which the said Town of Wappinger is located, and another certified copy in the Office of the State Department of Audit and Control, within ten days after the adoption of this Order, pursuant to § 195 of the Town Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-78 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 25th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-68 Resolution Accepting a Performance Agreement Secured by Surety Bond for the Maloney Heights Subdivision WHEREAS, the Town of Wappinger Planning Board received an application from Attallah Nesheiwat and Joseph Nesheiwat, for a subdivision of lands more particularly described in a Subdivision Plat entitled, "Maloney Heights", prepared by M. Gillespie and Associates, Consulting Engineering, P.L.L.C., last dated December 4, 2007; and WHEREAS, the Town of Wappinger Planning Board granted Final Conditional Subdivision Approval by Resolution dated April 2, 2007, subject to and conditioned upon completion of the conditions set forth in the aforementioned Resolution, and subject to certain public improvements being made and constructed within said subdivision, and subject to completion of the requirements set forth in the Town Subdivision Regulations, Highway Specifications, Zoning Code and Rules and Regulations of the Town, and further subject to the requirements set forth in the letter of Paggi, Martin & Del Bene, LLP, the previous Engineer to the Town, dated September 10, 2007 together with the Schedule of Bond Values; and WHEREAS, the previous Engineer to the Town, in the Memo of Paggi, Martin & Del Bene, LLP, dated September 10, 2007, determined the amount necessary to be posted to secure the Performance Agreement guaranteeing the improvements required to be completed and conditions to be implemented in connection with the Resolution of Final Subdivision Plat Approval to be $384,000.00; and WHEREAS, Town Law §277 requires a developer of a proposed subdivision to guarantee the construction, installation, and dedication of the improvements required by the Resolution of Subdivision Approval, prior to issuance of any building permits; and WHEREAS, Attallah Nesheiwat and Joseph Nesheiwat has tendered to the Town of Wappinger a Performance Agreement duly executed by Attallah Nesheiwat and Joseph Nesheiwat secured by a Surety Bond issued by INSCO INSURANCE SERVICES, INC., bearing number 775180S and issued in favor of the Town of Wappinger in the sum of $384,000.00 securing the obligations set forth in the Performance Agreement; and WHEREAS, Albert P. Roberts, attorney to the Town, has reviewed, examined and approved the aforementioned Performance Agreement and Surety Bond. 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 Performance Agreement executed on February 6, 2008 by Attallah Nesheiwat Town of Wappinger Page 9 Printed 3/5/2008 Regular Meeting Minutes February 25, 2008 and Joseph Nesheiwat, with an address of 852 Freedom Plains Road, Poughkeepsie, New York 12603, as Obligors, in favor of the Town of Wappinger, is hereby accepted as the guaranty of the completion of the instruction, installation, implementation and dedication of the improvements required by the Resolution of Subdivision Plat Approval dated April 2, 2007, and pursuant to Town Law §277. 3. The Surety Bond issued by INSCO INSURANCE SERVICES, INC. bearing number 7751805 and issued in favor of the Town of Wappinger, dated November 19, 2007, in the sum of $384,000.00, securing the obligations set forth in the Resolution of Subdivision Plat Approval dated April 2, 2007, is hereby accepted as security for the Performance Agreement. 4. The original Performance Agreement executed on February 6, 2008, and the original Surety Bond dated November 19, 2007 is directed to be placed on file with the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-68 0 Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 25th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-69 Resolution Authorizing the Updating and Completion of the Town of Wappinger Website WHEREAS, the Town of Wappinger Town Board had authorized the development of a website to increase resident accessibility to various Town of Wappinger functions; WHEREAS, the Town of Wappinger Town Board has appointed Duality, Incorporated as the Town's computer consultant; WHEREAS, the current website has been partially inoperable for a period to exceed one (1) year; WHEREAS, the website was developed under the former computer consultant in a manner deemed obsolete to current design standards; WHEREAS, Duality, Incorporated has surveyed the needs of the respective municipal departments affected by the current status; and, WHEREAS, Duality, Incorporated has submitted a proposal in the amount of $7,300.00 for the completion of the website. THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes updating and completion of the Town of Wappinger website in accordance with the submitted proposal of Duality, Incorporated. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-69 0 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ El Adopted as Amended William Beale Seconder 0 ❑ p ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 25th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-70 Resolution of Recognition for Twenty Years of Service BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby recognizes Mark Liebermann for his twenty (20) years of service to the Town of Wappinger, as well as Town of Wappinger Page 10 Printed 3/512008 J Regular Meeting Minutes February 25, 2008 additional services to the Southern Dutchess community. BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the amendment of his salary commensurate with his 2008 anniversary date to an annual remuneration of $55,298.90. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-70 0 AdoptedYes/Aye Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder El ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 25th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-71 Resolution Authorizing the Replacement of Computer Equipment within the Town of Wappinger Assessor's Office WHEREAS, the Town of Wappinger CAP Assessor had duly advised the Town of Wappinger Town Board of the necessity of replacing certain computer equipment during the 2008 Budget Hearings; WHEREAS, the Town of Wappinger computer consultants (Duality, Inc.) were assigned to seek a replacement estimate in November of 2007; WHEREAS, Duality, Incorporated has offered the following advice to the Town Supervisor: 1) the Assessor's Aid computer has a failing motherboard and determined to have been purchased at a period of time greater than five (5) years ago based upon the model number; 2) the Data Collector's monitor is sporadically incurring a condition in which it is inoperable; and 3) Assessor's departmental printer has failed; and, WHEREAS, the cost to repair the computer equipment approaches, or exceeds, the cost to replace such of significantly greater quality with current warranty THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the purchase of the aforementioned computer equipment for the Assessor's Department in an amount to not exceed $1,448.30 and in accordance with the Town of Wappinger Procurement Policy. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-71 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 El ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 25th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-72 Resolution Correcting Various Town of Wappinger Appropriations WHEREAS, the Town of Wappinger Town Board was presented with various resolution reflecting budgetary appropriations and salary allotments at the Town Board meetings of January 9, 2008 and January 14, 2008; WHEREAS, a subsequent review of those appropriations was deemed to be inaccurate or incomplete by the bookkeeper in accordance with a review by Sedore & Company; THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the correction of the following budgetary appropriation and/or salary allotments: Town of Wappinger Page 11 Printed 3/5/2008 Regular Meeting Minutes February 25, 2008 Resolution# Correction Description 2008-007 Recreation Petty Cash 2008-016 Meter reader remuneration 2008-017 Exercise Instructor Salary 2008-40 Recreation Salary 2008-13 LouAnn Mangeri (Anniversary) 2008-13 Danielle Lent (Anniversary) Missed Frank McKinney P/T Missed Jay Morse - Court Officer Missed Robert Monaco - Court Officer Missed John Dickson - Court Officer Missed Karen Herring - Court Clerk Missed Lillian Vrouvas-Recycle Missed Ralph Holt (Missed 2007) The foregoing was put to a vote which resulted as follows: OriOnal Corrected $100.00 $200.00 $1.15 $1.18/meter $20.00 $22.50/hr $12.00 $12.50/hr 11/16/08 1/1/08 4/23/08 1 /l /08 $14.45 $14.88/hr $12.12 $12.48/hr $21.52 $22.52/hr $12.12 $12.48/hr $14.57 $15.01/hr $11.06 $11.39/hr $13,999.96 $14,852.24 Vote Record -Resolution RES -200$-72 Yes/Aye NoiNay Abstain Absent ® Adopted Christopher Colsey Seconder 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 13 ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 25th, 2008 The Resolution is hereby duly declared adopted. Motion To: amend the authorization to publish ads to make the publication dates Thursday through Sunday RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Motion To: authorize Town Clerk to publish advertisement for Town Accountant in newspapers RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-73 Resolution Authorizing the Purchase of a Highway Vacuum Sweeper for the Town of Wappinger Highway Department WHEREAS, the Town of Wappinger Town Board has authorized the solicitation of bids of a Highway Vacuum Sweeper for the Town Highway Department; WHEREAS, the Town of Wappinger Highway Supervisor has gained bids in accordance with the Town of Wappinger Procurement Policy; WHEREAS, the Hudson Valley Purchasing Group has offered Bid No RFB-00037-07 in accordance with the specifications set forth by the Highway Supervisor and has guaranteed a delivery period acceptable to the needs of the Highway Department; WHEREAS, the bid represents a purchase value not to exceed One Hundred Eighty Three Thousand Five Hundred and Fifty Dollars ($183,550.00); WHEREAS, the Hudson Valley Purchasing Group has also offered the amount of as a credit toward the trade-in of the Town's current vehicle in inventory; and, WHEREAS, Bid No. RFB-00037-07 is recognized to expire on April 29th, 2008. Town of Wappinger Page 12 Printed 3/5/2008 Regular Meeting Minutes February 25, 2008 THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the bid to be awarded to the Hudson Valley Purchasing Group. THEREFORE BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the release of any interest in the Town's current vehicle as a trade- in credit toward this purchase. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-73 Yes/Aye No/Nay Abstain Absent 8 Adopted C Christopher olsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Initiator R1 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder a ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter, El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York February 25th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-74 Resolution Authorizing the Inventory and Disposal of Surplus Computer Equipment WHEREAS, the Town of Wappinger accepted donations of used computer equipment at a period greater than six (6) years ago purposed for the Senior Recreation program; WHEREAS, the Town of Wappinger has maintained an inventory of unused computer equipment in storage as purchased by the Town of Wappinger for various departments; WHEREAS, the computers have been deemed obsolete, in disrepair or beyond their usable life for the intended purpose; WHEREAS, the computers have been stripped of any parts deemed worthy of re -use by the computer consultants to the Town of Wappinger; WHEREAS, a cursory estimate of inventory exceeds thirty-six (36) units; WHEREAS, the Town Highway Supervisor negotiated a rate of $4.25 per monitor and $2.95 per CPU; and, WHEREAS, the Town Board recognizes proper disposal methods consistent with State and Federal environmental policies due to the hazardous materials contained within the components. THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby directs an inventory of equipment deemed necessary for disposal to be completed prior to removal from the Town's care, custody and control. THEREFORE BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the disposal of all computer components deemed obsolete, in disrepair or beyond their usable life for the intended purpose in accordance with State and Federal environmental policies. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-74 Yes/Aye No/Nay Abstain Absent D Adopted Christopher Colsey Voter El ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder El ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter El ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator El ❑ ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York February 25th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-75 Resolution Accepting the Voluntary Termination of a Town of Wappinger Employee BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby accepts the voluntary termination of Anthony Musarra, tendered in a letter dated February 8, 2008. BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes Town of Wappinger Page 13 Printed 3/5/2008 Regular Meeting Minutes February 25, 2008 the calculation and payment of any benefits due to this employee in accordance with the Town of Wappinger Personnel Policy/Manual as adopted on May 29, 2001. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-75 0 Yes/Aye No/Nay Abstain Absent ® Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy - Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 25th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-76 Resolution Authorizing the Replacement and Repair of Kitchen Appliances within the Senior Center Due to an Electrical Malfunction WHEREAS, the Town of Wappinger has a dedicated Senior Center area which includes a kitchen area; WHEREAS, the stove, sink, storage cabinet and refrigerator are a combined unit originally designed for a yacht and converted for the current use within the Senior Center; WHEREAS, the kitchen unit incurred an electrical malfunction resulting in smoke and heat concern requiring Fire Department intervention and a discontinuance of use of the stove and range; and WHEREAS, the Town of Wappinger Recreation Department has estimated the replacement cost for the equipment, with the work to be completed by in-house employees to be approximately $860.00, not to include potential hidden electrical repairs to be handled by a licensed electrician. THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the purchase of kitchen equipment to restore the kitchen area to its original level of utilization. THEREFORE BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the replacement to be completed by Town of Wappinger Recreation employees in accordance with any applicable NYS Building Codes. THEREFORE BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the use of a licensed electrician in the event any electrical damages are suspected or discovered as part of the replacement process. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2008-76 0 Yes/Aye No/Nay Abstain Absent Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 25th, 2008 The Resolution is hereby duly declared adopted. RESOLUTION: 2008-77 Resolution Authorizing a Public Hearing in Connection with Initial Franchise Agreement for Cable Television Service with Verizon New York, Inc. WHEREAS, the Town of Wappinger (the "Town") is a franchising authority in accordance with Title VI of the Communications Act of 1934 (the "Communications Act") and is authorized to grant one or more cable television franchises pursuant to Article 11 of the New York State Public Service Law, and Title 16, Chapter VIII, Parts 890.60 through 890.6 through 899, of the Official Compilation of Codes, Rules and Regulations of the State of New York (the Town of Wappinger Page 14 Printed 3/5/2008 Regular Meeting Minutes February 25, 2008 "Cable Laws"); and WHEREAS, VERIZON NEW YORK INC. ("Verizon") is upgrading its existing telecommunications and information services network through the installation of what Verizon refers to as "Fiber to the Premises Telecommunication Network" (the "FTTP Network") within the Town and elsewhere, which existing network transmits Non -Cable Services (as defined in the Verizon Franchise Agreement) pursuant to the authority granted by Section 27 of the New York Transportation Corporations Law, and Title II of the Telecommunications Act, which Non -Cable Services are not subject to the Cable Law or to title VI of the Communications Act; and WHEREAS, the FTTP Network occupies public rights-of-way (as defined in the Verizon Franchise Agreement) within the Town, and Verizon desires to use portions of the FTTP Network now or hereinafter installed within the Town to provide cable service (as defined in the Verizon Franchise Agreement); and WHEREAS, Verizon has previously submitted an application for cable television service to the Town; and WHEREAS, joint negotiations between the Town of Wappinger, the Town of Poughkeepsie and the Village of Wappingers Falls have resulted in a proposed agreement entitled "Cable Franchise Agreement between the Town of Wappinger, New York and Verizon New York, Inc" ("Verizon Franchise Agreement"), copies of which are available for review and inspection of the Town Clerk during normal business hours; and WHEREAS, Verizon has requested that the Town Board conduct an initial Public Hearing on the proposed grant of the Franchise to Verizon; and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby schedules a Public Hearing for the purpose of considering the granting of an initial franchise agreement for cable television service in the Town of Wappinger with Verizon New York, Inc. to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the day of , 2008, at 7:30 p.m., and that the Town Clerk be directed to post and publish Notice of the Public Hearing in the form annexed hereto. Said publications are to be made in the Southern Dutchess News and the Poughkeepsie Journal at least ten (10) days prior to the scheduled Public Hearing. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-77 Yes/Aye No/Nay Abstain Absent ❑ Adopted Christopher Colsey Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated 0 Vincent Bettina Seconder 0 ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Voter El ❑ ❑ ❑ Joseph Paoloni Initiator 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York February 25th, 2008 The Resolution is hereby tabled. IX. Items for Special Consideration Motion To: add Resolution 2008-79 to the Agenda by Unanimous Consent RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni RESOLUTION: 2008-79 Resolution Authorizing the Town Supervisor to Execute an Agreement to Accept Recreation Funding WHEREAS, the Town of Wappinger has annually received funding from the New York State Office of Children and Family Services (OCFS) dedicated to the Town of Wappinger "Youth Development Delinquency Prevention" program; and Town of Wappinger Page 15 Printed 3/5/2008 Regular Meeting Minutes February 25, 2008 WHEREAS, the New York State Office of Children and Family Services (OCFS) has extended funding in the amount of Six Thousand, Seven Hundred and Twenty -Six Dollars ($6,726) for said program for the fiscal year 2008. THEREFORE, BE IT RESOLVED, the Town Board of the Town of Wappinger hereby authorizes the Town Supervisor to execute all documentation necessary to receive such funding through the Dutchess County Youth Bureau. BE IT FURTHER RESOLVED, the Town Board of the Town of Wappinger directs the funding to be dispersed to the Town of Wappinger Recreation Department budget in accordance with the stated intent of the New York State Office of Children and Family Services (OCFS). The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2008-79 Yes/Aye No/Nay Abstain Absent 0 Adopted Christopher Colsey Voter a ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter a 13 El ❑ Defeated Vincent Bettina Voter ® ❑ 13❑ ❑ Tabled ❑ Maureen McCarthy Seconder ® ❑ ❑ ❑ Withdrawn Joseph Paoloni Initiator ® ❑ ❑ ❑ Dated: Wappingers Falls, New York February 25th, 2008 The Resolution is hereby duly declared adopted. X. New Business A. Councilman Beale New Business Councilman Beale stated that he felt the Association of Towns Conference was a great resource for knowledge. He would like to set up a meeting with the Fire Chiefs and other Town Board members to review the Disaster Plan. He believes it would benefit the town to review the plan a little closer. This is especially important in light of a seminar he attended, which referenced a Town that suffered a great amount of flooding. He believes that the Town should prepare for anything that may occur. B. Councilman Bettina New Business Councilman Bettina had been contacted by a resident on MacFarlane Road. The resident was concerned about water freezing over on the road. He followed up by calling the Highway Superintendent, Graham Foster. Mr. Foster replied that there is a swamp adjacent to the house. Since the water table is so high, the water comes up and ponds on the resident's driveway and freezes. Councilman Bettina added that there are many culverts throughout the town. This is not an isolated incident, but it is something which happens frequently in different places and obviously creates a hazardous situation. He then asked Graham Foster if there are enough of them around the Town to think about "floating" a bond for the needed maintenance and repairs. Mr. Foster recommends taking the culverts on a "case by case basis". It could not come out of the Highway budget and would need to be bonded. Councilman Bettina then brought up an issue with the Senior Center. He noted that each time he visits the Senior Center it is jam packed. He asked the Supervisor if he had any information about available space at the emergency services building. Supervisor Colsey replied that he is looking into that possibility but is not in the position to put anything before the Board yet. Discussion followed. Councilman Bettina added that he agrees with Councilman Beale about the educational value involved with the Association of Towns Conference. He is thankful for the opportunity to attend and is thankful that the Planning Board, Zoning Board, and Board of Assessment Review were also able to benefit by attending the conference. C. Supervisor Colsey New Business Supervisor Colsey mentioned the lists from Dutchess County Personnel, regarding the Account Clerk. Next the Supervisor asked the Board to review the job description for the Legislative Aide, which was last revised in 2005 or 2006. The Supervisor also noted that there are approximately twelve bills to review from 2007. He recommended going over the bills after adjournment. Councilwoman McCarthy asked if, at the next Town Board meeting, the Board could discuss a procedure for the approval of bills. Supervisor Colsey agreed with Councilwoman McCarthy and stated that he would look into this. Town of Wappinger Page 16 Printed 3/5/2008 Regular Meeting Minutes February 25, 2008 XI. Executive Session Motion To: go into Executive Session at 9:43 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: William Beale, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni Contract Negotiations - Verizon Motion To: come out of Executive Session at 9:53 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni XII. Adjournment Motion To: adjourn at 9:54 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Colsey, Beale, Bettina, McCarthy, Paoloni The Meeting Adjourned at 9:54 PM. 0� - - r -27-1 �'/ -a) - A �— n C F44sterson Town Clerk Town of Wappinger Page 17 Printed 3/5/2008