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2018-08-06Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, August 6, 2018 7:30 PM Town Hall Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM Angela Bettina Town of Wappinger Councilwoman Present 7:30 PM Robert Johnston Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Jim Horan Consultant Attorney Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM Salute to the Flag Adoption of Agenda 1. Motion To: Adopt the Agenda There were no Amendments to the agenda at this point. RESULT: ADOPTED [4 TO 11 MOVER: Angela Bettina, Michael Kuzmicz SECONDER: Robert Johnston, Councilman AYES: William H. Beale, Angela Bettina, Robert Johnston, Michael Kuzmicz NAYS: Richard Thurston IV. Acknowledge Minutes 1. Motion To: Acknowledge Minutes of July 23, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Town of Wappinger Page I Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 V. Public Portion 1. Motion To: Open Public Portion Town Historian and Student Worker Joseph Cavaccini addressed the board. He read from a prepared statement attached below: "I am speaking in reference to Resolution 2018-189, the resolution terminating my employment with the Town of Wappinger. Something I never thought I would ever have to say. I have dedicated my life to bettering the Town of Wappinger. I have uncovered lost history, engaged our young people in taking pride in our Town, and worked to bring this town into the 21st century as a place where people can love to live, work, and raise a family. I am not just speaking on this resolution to save my job. That's not the case at all, despite what is said about me I don't just think about Joey Cavaccini. I am speaking to put an end to the political games that are being played here by certain people and interests in this Town behind the scenes. Games that are being dictated by individuals with hurtful intentions in mind. Wappinger is better than this. Time after time, administration after administration employees and volunteers of the Town of Wappinger have been harassed, threatened, and removed for trying to do what is best for the community and for apparently upstaging the power players of the Town. Something I have personally been put through on many occasions by some former officials who are trying to remain relevant. I see the potential in the Town of Wappinger, this is where I want to stay, and my mind cannot be changed by certain members of the Town Board. I should not have to be told by anyone let alone some members of the Town Board, where I should take my employment and how I should take my studies. As much as I appreciate your concern on my private life, I believe that this should be my own business. Presenting this resolution tonight has become personal. It's not just small town politics this has become personal. I've been told that maybe this is not the place for an 18 year old. Well I can assure you and the people of Wappinger that I am not too young to be working in government, but rather at the perfect age to enact change. Having my position threatened is unfortunately nothing that is new to me. It seems that every year a Supervisor or a member of the Board feels that a young man has too much power and "is running the town". That is just plain sad. I should not have to have my mother read, the trashiest but most laughable tabloid in the region, make fun of my hair and make pointless accusations about me, and the current Supervisor. She should not have to open Facebook and see a disgruntled former official take cheap shots at me with the most inappropriate posts. They are simply counterproductive and outright childish. This speaks volumes about the type of person who paid a good amount of money to have this article printed. But fortunately all the article did was built support and unity around me. The true colors of some Town officials were shown through that article and the public's opinion is rapidly changing. The winds of change are blowing and they've been created by forces beyond my control. I have been so fortunate to have much support in my community for which I am eternally grateful for. I feel that the resolution before you tonight will be detrimental to the Town. Some of you claim that the money from my salary would be "better spent elsewhere". I have been told by almost all members of the Town Board that that would go to a full time Legislative Aide. I feel that my minuscule salary is not taking a huge chunk out of our $18million operating budget and Town of Wappinger Page 2 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 $6million fund balance; so the Town can maintain both a Legislative Aide and Student Worker. Resolution 2018-40, the resolution hiring me to my paid position and that was approved unanimously by the Town Board states that both the positions of "Town Historian and Student Worker are compatible, so Mr. Cavaccini may occupy both positions" and that I am to assist "Town Officials and Department Heads" as "assigned by the Town Supervisor or his designee". I fully understand that the great Joey Cavaccini is not perfect and that I have made mistakes in this job, but none that constitute being fired. The employees of Town Hall all feel the same way, no matter how many positive things you have done for this Town, you mess up once and the vested interests of certain members of the Wappinger Republican Party and some members of the Town Board will rain holy hell upon you. I have never received any disciplinary action from the Office of the Town Supervisor. In fact I have received the upmost support from Supervisor Thurston and many members of our staff. The Supervisor has still continued to give me assignments of much importance to future of the Town. Does the position of "student worker" sound like it supports much of the Town? Not really, but the point is that it does. I go above and beyond in what I am assigned, paying attention to the littlest detail and ensuring that the Town Board and the Town looks good in the eyes of the public. The real question here tonight is "why is this happening?" I still do not fully understand the answer to this question. What does my position have to do with a Legislative Aide? What does I sharing an office with the Town Board have to do with anything? These unanswered questions show that this is a personal attack and not what is best for the greater good. I am speaking on behalf of our youth in the Town of Wappinger and for our future. IF the board moves forward with this, will we ever entertain the employment of student age interns or employees within Wappinger Town Hall? Will we ever engage our youth in our community and have them be proud to live in Wappinger? OR will this Town Board and Wappinger Republican Party continue to feel threatened and intimidated by young people and continue to push them down and silence them to better their own political agendas? Again this is not about me; this is about what is best for our great Town and for putting an end to this "Good 01' Boys Club". I conclude tonight, knowing your stance on Resolution 2018-189. 1 am appreciative to some of you for being upfront with me and being honest about how you will be voting. All I ever have asked is for honesty and open communication. If this vote is passed I will understand your feelings on myself and the future of the Town. But I promise to remain within Town Hall and out in the community, not for any other reason but to make Wappinger a better place and to ensure that we are doing what is best for our people." Joseph D. Cavaccini Town Historian I Town of Wappinger, NY 20 Middlebush Road I Wappingers Falls, NY 12590 office: 845.297.4158 ext 107 1 fax: 845.297.4558 email: jcavaccini(a-)townofwappinger.us<maiIto: jcavaccini(a�townofwappinger.us> Following his statement members of the audience came to speak on behalf of Mr. Cavaccini. The details are in the attached video to the Towns of Wappinger website. Following all the public comments, Councilman Beale made a motion to remove Resolution 2018-189 as follows. Town of Wappinger Page 3 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Remove Resolution 2018-189 From the Agenda This motion was defeated. Councilman Beale then introduced an amendment to replace Resolution 2018-189 and replace whereas number 3 to reduce maximum number of hours to 10 after August 27th. There was no second and it was implicitly defeated. Councilman Kuzmicz made an amendment to sunset the position after August 27th. Councilman Beale suggested to move into executive session as follows. Councilman Kuzmicz moved to go into executive session. RESULT: DEFEATED [2 TO 31 MOVER: William H. Beale, Councilman SECONDER: Richard Thurston, Supervisor AYES: Richard Thurston, William H. Beale NAYS: Angela Bettina, Robert Johnston, Michael Kuzmicz 3. Motion To: Enter Executive session to Discuss an Amendment to Resolution 2018-189 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Richard Thurston, Supervisor AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 4. Motion To: Return From Executive Session Number 1 RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz RESOLUTION: 2018-189 Resolution Abolishing Student Worker Position - (Johnston) WHEREAS, by Resolution 2018-40, the Town Board appointed Joseph Cavaccini as a Part - Time Student Worker; and WHEREAS, the position of Student Worker is classified as a Labor position under the Rules of Dutchess County Human Resources; and Town of Wappinger Page 4 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 WHEREAS, the Town Board has determined that they will retain the position of Student Worker with the maximum number of hours of 10 hours per week after August 27th with the stipulation due to legal concerns that Mr. Cavaccini resign from the position of Recreation Committee member as there is a legal conflict that exists. This resolution does not affect the appointment of Joseph Cavaccini as Town Historian. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-189 ❑ Adopted Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Mover 0....... ❑ El Adopted as Amended Richard Thurston Voter 0 ❑ ❑ El lDefeated H. Beale Voter D ❑ ❑ ❑ El Tabled AnWilliam gela Bettina Voter D ❑ ❑ .......... ❑ ....... . ❑ Withdrawn Robert Johnston Mover ..... ...... ❑ ......... ........ ❑ .... ❑ ... Michael Kuzmicz Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 06, 2018 VI. Resolutions The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-184 Resolution Introducing a Local Law Amending the Town Of Wappinger Code of Ethics - (Thurston) WHEREAS, the Town Supervisor introduced a draft amendment to the Town's Code of Ethics; and WHEREAS, the Town Board agrees that the amendment to the Town's Code is appropriate; and, WHEREAS, the Town Board accepts this draft to consider setting a Public Hearing at the August 6th meeting for adoption at September 10th meeting. NOW, THEREFORE, BE IT RESOLVED 1. The Town Board hereby acknowledges receipt of the proposed amendment to the Code of Ethics, a copy of which is annexed hereto and shall be made a part of the minutes of this meeting. 2. The Town Board will consider the proposed amendments to the Code of Ethics until its next meeting on August 6th, 2018. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-184 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Mover 0....... ❑ ❑ ❑ ❑ Defeated William H. Beale'll Voter 0 ❑ o 0 0 Tabled Angela Bettina ........................Voter ... .......D...... ......❑ ...... ...... ❑...... .....❑ ..... ❑ Withdrawn RobertJohnston .....................Seconder .........0 ...... ......❑ ...... ..... ...... ❑ ......... . ......❑ ..... Next: 9/10/18 7:30 PM Michael Kuzmicz ........................................................................................ Voter 0 ❑ o 0 Town of Wappinger Page 5 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 Dated: Wappingers Falls, New York August 06, 2018 The Resolution is hereby duly declared Tabled. RESOLUTION: 2018-174 Resolution Authorizing Contract With Dutchess County For Website And It Services - (Thurston) WHEREAS, the Town of Wappinger maintains a website which needs frequent updating to provide the most current information to Town residents and other interested persons; and WHEREAS, the Town of Wappinger does not currently have staff available with the technical expertise to design and maintain the website; and WHEREAS, the Dutchess County Office of Central and Information Services provides website hosting, website design and other technical expertise to municipalities in Dutchess County through contractual arrangements; and WHEREAS, private website designers do not have the experience with municipal website design that Dutchess County OCIS has and they cannot provide comparable value; and WHEREAS, the Town Board hereby determines that it is in the best interest of the Town to enter into a contract with Dutchess County OCIS for website design, hosting and IT services. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby authorizes the Supervisor to sign the annexed Town of Wappinger IT Services Agreement with the County of Dutchess on behalf of the Town. 2. The Town Board hereby authorizes the following budget line transfer: Amount From Line To Line $17,000.00 A0915 Unallocated Fund Balance A1480.400 Public Inform & Services, Contr Expend 3. The Town Board authorizes and directs the Supervisor, and all Department Heads and their designees to assist with the design of the new Town website. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-174 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter D ❑..,,.. ...,.... ❑ ..❑...... ❑ ❑ Defeated -William H. Beale .............. --Mover ......E.... .... ❑.. ❑ ... ❑ Tabled AngelaBettina ....................„. Voter .................. D ................ ❑ ❑ .,........ ❑ ........ ❑ Withdrawn Robert Johnston ...................... Voter ... .........E .... ❑ ......,...... ❑ .... ❑ ... Michael Kuzmicz Seconder D E 0 ❑ Dated: Wappingers Falls, New York August 06, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-176 Town of Wappinger Page 6 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 Resolution Adopting Town Of Wappinger Social Media Policy - (Thurston) WHEREAS, the use of Social Media sites such as Twitter, Facebook, Pinterest, Linkedin, Instagram, and others (collectively "Social Media") has become commonplace in today's world; and WHEREAS, Social Media provides an effective means of conveying information to Town residents and other interested parties about services, events, disasters, emergencies, legislative actions, town news and other areas of interest; and WHEREAS, it is in the best interest of the Town of Wappinger to have a written Social Media Policy in place to clearly set forth the procedures and policies of the Town; NOW, THEREFORE, BE IT RESOLVED 1. The Town Board hereby adopts the TOWN OF WAPPINGER SOCIAL MEDIA POLICY dated July , 2018 which is annexed hereto and shall be made a part of the minutes of this Meeting. 2. The Town Clerk is directed to file a certified copy of this resolution together with the annexed Social Media Policy in the Records of the Town. 3. Every employee of the Town shall be provided with a copy of the TOWN OF WAPPINGER SOCIAL MEDIA POLICY and they shall sign a form that they have received and reviewed a copy of said policy. The TOWN OF WAPPINGER SOCIAL MEDIA POLICY shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-176 Yes/Aye Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale ................... Voter ....,....... .................... D ......,...... ❑ ..... ❑ .... ....... ..... ❑..... ....... .. ❑ Tabled ftelaBettina Voter D ❑ ❑ ❑ ❑ Withdrawn RobertJohnston ....................... Seconder ............... D ................... ❑ ❑ .................. ❑ Michael ki zm ( z Mover D ❑.................... ❑ ❑....... Dated: Wappingers Falls, New York August 06, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-190 Resolution Accepting Undertaking Secured By Restoration Bond In Connection With Old Hopewell Commons - (Roberti/Thurston) (HAS BLANKS) WHEREAS, the TLA Realty, Inc. ("Owner") is the owner of a 6.45 -acre parcel of real property located on Sergeant Palmateer Way in the Town of Wappinger designated as Tax Parcel 6157-02-542585 (the "Property") which was granted conditional Site Plan Approval by the Town of Wappinger Planning Board; and WHEREAS, there are two outstanding conditions which must be fulfilled before site plan approval and building permits can be issued; and WHEREAS, during the SEQRA review process the Owner provided evidence that there was isolated habitat on the site for rare, threatened or endangered species; and Town of Wappinger Page 7 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 WHEREAS, the Owner of the property made a request to allow the cutting of trees on the Property, prior to the issuance of a building permit; and WHEREAS, on July 16, 2018, the Planning Board granted the Owner's request to cut the trees in the area of Site Plan disturbance subject to the condition that the owner agree to replant trees in the event Site Plan Approval was not granted and said agreement was to be secured by a Bond, Letter of Credit or a Deposit of Cash in an amount fixed by the Engineer to the Town; and WHEREAS, the Owner has delivered to the Town an Undertaking secured by a cash Deposit of $5,000.00 as security for the faithful performance of the obligations set forth in the Undertaking; and WHEREAS, the terms of the Undertaking authorized the Town of Wappinger to draw against the aforementioned Restoration Bond posted in the event the Owner does not receive site plan approval and the project site is not restored in accordance with the terms of the Undertaking. 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 determines that the Undertaking executed by and secured by a Cash Deposit in the sum of $5,000.00, is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Owner does not fulfill the obligations to re -plant trees as provided in the Undertaking. 3. The Town Board hereby accepts the Undertaking dated executed by , secured by a Cash Deposit in the total sum of $5,000.00, as security for the faithful performance for the completion of the obligations set forth in the Undertaking. 4. The Town Supervisor is directed to deposit the aforementioned Cash Deposit in a bank account maintained by the Town, to be held in escrow, pending compliance with the terms of the Undertaking. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2018-190 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter D ...,.... E..',. ❑ ..❑...... ❑ ❑ Defeated -William H. Beale .............. --Mover ......E.... .... ❑.. ❑ ... ❑ Tabled AngelaBettina ....................„. Voter .................. D ................ ❑ ❑ .,........ ❑ ........ ❑ Withdrawn Robert Johnston ...................... Voter ... .........E .... ❑ ......,...... ❑ .... ❑ ... Michael Kuzmicz Seconder D E 0 ❑ Dated: Wappingers Falls, New York August 06, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-191 Resolution Increasing Stipend For Planning And Zoning Board Members - (Roberti/Thurston) Town of Wappinger Page 8 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 WHEREAS, the members of the Planning Board and the Zoning Board of Appeals ("Board Members") provide important services to the Town of Wappinger; and WHEREAS, Town Law §271(1) authorizes the Town to compensate the Board Members for their services which the Town has done for many years; and WHEREAS, the stipend for the services of the Board Members have not been increased in some time; and WHEREAS, the Town Board appropriated funds in the 2018 Budget to increase the stipend paid to the Board Members commencing on January 1, 2018; and WHEREAS, the Town Board originally adopted Resolution 2018-167 on July 23, 2018 but neglected to make the increases retroactive; and NOW, THEREFORE, BE IT RESOLVED: 1. The stipend paid to Board Members shall be as follows: 2. The increase in stipend payments shall be retroactive to January 1, 2018. The Secretary to the Planning Board and Zoning Board of Appeals is directed to file with the Town Comptroller a report of the meetings attended, and site visits conducted from January 1, 2018 to July 23, 2018 by each board member so that appropriate retroactive compensation may be paid. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-191 For Meetings For Site Visits Chairman of Planning Board $65 per meeting $50 per day Planning Board Member $50 per meeting $40 per da Yes/Aye.. No/Nay.. Abstain.. Chairman of ZBA $50 per meeting $30 per application ZBA Member $40 per meeting $30 per application 2. The increase in stipend payments shall be retroactive to January 1, 2018. The Secretary to the Planning Board and Zoning Board of Appeals is directed to file with the Town Comptroller a report of the meetings attended, and site visits conducted from January 1, 2018 to July 23, 2018 by each board member so that appropriate retroactive compensation may be paid. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-191 Yes/Aye.. No/Nay.. Abstain.. Absent.. D Adopted El Adopted as Amended Richard Thurston Voter 0 El❑ ❑ ❑DefeatedWilliam H. Beale Mover D ❑ ❑ ❑ ❑ Tabled fteiaBettina Voter D El❑ ❑ El Withdrawn Robert 7ohnston Voter ........ 0 .................❑....... El ❑ ,........❑...... ❑ ..... Michael Kuzmicz Seconder D ❑ Dated: Wappingers Falls, New York August 06, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-192 Resolution Authorizing Return Of Escrow Deposited To Insure Proper Erosion Stabilization For 32 Padasana Court - (Roberti/Thurston) WHEREAS, on or about February 13, 2018, Mid -Hudson Development Corp., posted Three Thousand Dollars ($3,000.00) to be held in escrow with the Town of Wappinger to insure the satisfactory stabilization of disturbed areas of the property located at 32 Padasana Court to prevent erosion; and WHEREAS, Robert J. Gray, P.E. of Morris Associates Engineering and Surveying Town of Wappinger Page 9 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 Consultants, PLLC, Engineer to the Town, has confirmed that the work for which the escrow was established has been satisfactorily completed. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby authorizes a refund of escrow in the amount of Three Thousand Dollars ($3,000.00) to Mid -Hudson Development Corp. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-192 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston Voter 0 ❑ ❑ El lDefeated William H. Beale Voter D ❑ ❑ ❑ ❑ Tabled AnelaBettina Voter 0 ❑ ❑ ❑ ❑ WithdrawnRobert Johnston Mover... ,....... D .... ❑ ............. ❑ .... ❑ ... Micae hl Kuzmicz Seconder D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 06, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-193 Resolution Authorizing Release Of Security Posted In Connection With Dunkin Donuts Route 9D Site Plan - (Roberti/Thurston) WHEREAS, by Resolution 2016-133 the Town Board previously accepted an Undertaking Secured by Cash Deposit for Restoration dated March 25, 2016, executed by Chen Realty -Route 9D, LLC, in the sum of Seventeen Thousand Five Hundred Dollars ($17,500.00), to secure the developer's obligations to guarantee the restoration of the property if trees were cut, and site plan approval was not granted; and WHEREAS, Chen Realty -Route 9D, LLC has received site plan approval for the property and has complied with the terms of the Undertaking; NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby acknowledges that the property has received site plan approval and the Cash Deposit in the sum of Seventeen Thousand Five Hundred Dollars ($17,500.00) shall be released. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-193 Yes/Aye.. No/Nay.. Abstain.. Absent.. D Adopted El Adopted as Amended Richard Thurston Voter 0 ................... El .................. ❑ ..... El Defeated William H. Beale ..................Voter D .. ❑ ......,........ ❑.... ❑ ❑ Tabled fteiaBettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn RobertJohnston Seconder .............D........,........❑........,........❑........,.......❑..... D ❑ ❑ ❑ MichaelKuzmicz Mover Dated: Wappingers Falls, New York Town of Wappinger Page 10 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 August 06, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-194 Resolution Authorizing Change Order No. 15 For The Emergency Services Building Renovation Project General Construction Contract No. 17-003G - (Beale) WHEREAS, by Resolution 2017-165 adopted by the Town Board on October 10, 2017, the Town Board awarded a bid to J.C. Millbank Construction Co., Inc. (General Construction Contract) in the amount of $563,500.00 for renovations to be made to the Emergency Services Building; and WHEREAS, the Town Board previously approved Change Order Nos. 1 through 14 to the aforementioned contract in the total amount of $206,954.17, which resulted in a revised contract sum in the amount of $770,454.17; and WHEREAS, the Engineers to the Town, Morris Associates Engineering & Surveying Consultants, PLLC, by email dated July 30, 2018, a copy of which is attached hereto, have approved Change Order No. 15 as hereinafter set forth, which Change Order will result in a new contract price of $772,524.17. 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. The Town Board hereby approves Change Order No. 15, which increases the total contract price by the amount of $2,070.00, resulting in a new contract price of $772,524.17, a copy of which Change Order is attached hereto. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2018-194 Yes/Aye Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. BealeMover . ............ 0 El ❑ ❑ Tabled ftelaBettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn RobertJohnston Seconder ..............D........,........❑........,........❑........,.......❑..... D ❑ ❑ ❑ MichaelKuzmicz Voter Dated: Wappingers Falls, New York August 06, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-195 Resolution Adopting Policy For Town Of Wappinger Employee Identification Cards (Johnston) (HAS BLANKS) WHEREAS, employees and officers of the Town of Wappinger act on behalf of the Town and interact with Town residents and others during the course of their jobs; and Town of Wappinger Page 11 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 WHEREAS, unscrupulous persons sometimes pose as government or utility workers to gain access to homes and businesses to steal or defraud people; and WHEREAS, it is the intent of the Town Board to establish guidelines for the issuance of a photo identification card to all employees and for the use of said card by employees while at work or when representing the Town of Wappinger in any official capacity, to provide a safe and secure workplace for all employees and protect the public; NOW, THEREFORE, BE IT RESOLVED 1. The Town Board hereby adopts the TOWN OF WAPPINGER EMPLOYEE IDENTIFICATION POLICY dated August , 2018 which is annexed hereto and shall be made a part of the minutes of this Meeting. 2. The Town Clerk is directed to file a certified copy of this resolution together with the annexed Employee Identification Policy in the Records of the Town. 3. Every employee of the Town shall be provided with a copy of the Employee Identification Policy and they shall sign a form that they have received and reviewed a copy of said policy. The TOWN OF WAPPINGER EMPLOYEE IDENTIFICATION POLICY shall take effect immediately. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-195 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter D ❑..,,.. ...,.... ❑ ..❑...... ❑ ❑ Defeated -William H. Beale ..............- ... Voter... ... D .... ....... ..... ❑.. ...... ......... ....... ..... ❑ ... ....... ... ❑ Tabled AngelaBettina ....................„. Voter ............ D ................ ❑ ❑ .,........ ❑ ........ ❑ Withdrawn Robert Johnston Mover D ❑ ❑ ❑ Michael Kuzmicz Seconder D E 0 E Dated: Wappingers Falls, New York August 06, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-196 Resolution Awarding Contract For Tall Trees Water System Abandonment Work - (Gray/Thurston) WHEREAS, by Resolution No. 2018-75, adopted by the Town Board on March 12, 2018, the Town Board authorized the Engineer to the Town, Morris Associates Engineering & Surveying Consultants, PLLC to prepare bid specifications and contract documents for the abandonment work for the Tall Trees Water System which is required by the Dutchess County Department of Health; and WHEREAS, bids and specifications were prepared by Morris Associates Engineering & Surveying Consultants, PLLC, Engineers to the Town, for the required abandonment work; and WHEREAS, bids were duly advertised and solicited for the work to be done and three bids were received by the Town Clerk and were opened on July 31, 2018; and WHEREAS, the Ilowing bids were received: Boyce Excavating, Inc. $169,609.00 Ben Ciccone, Inc. $160,246.00 Town of Wappinger Page 12 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 Sun Up Enterprises, Inc. 1 $92,400.00 WHEREAS, by letter dated August , 2018 from Robert J. Gray, P.E. of Morris Associates Engineering & Surveying Consultants, PLLC, the Engineers to the Town, have determined that the bid they received from Sun Up Enterprises, Inc. is reasonable and, based on past experiences with this company, recommends that Sun Up Enterprises, Inc. should be awarded the contract in the amount of $92,400 all as set forth in the aforementioned recommendation letter, a copy of which is affixed hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town of Wappinger hereby awards the contract for the Tall Trees Water System Abandonment to Sun Up Enterprises, Inc., 1607 Route 376, Wappingers Falls, New York 12590, in the base bid amount of $92,400. In accordance with the authorized bid specifications, the Town Board hereby authorizes the Supervisor to execute the contract documents as prepared by Morris Associates, including the Notice of Award and Notice to Proceed and forward a copy to Sun Up Enterprises, Inc., after the Attorney to the Town has confirmed that Sun Up Enterprises, Inc. has duly executed the contract documents, has supplied the necessary Performance Bond, Payment Bond and provided insurance certificates as required by the bid specifications. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-196 Yes/Aye.. No/Nay.. Abstain.. Absent.. D Adopted El Adopted as Amended Richard Thurston Mover 0 El❑ ❑ ❑DefeatedWilliam H. Beale Voter, 0.... ❑ ❑ ❑ ❑ Tabled fteiaBettina Voter D El❑ ❑ El Withdrawn Robert 7ohnston .....................econder Voter ........ 0 .................❑................❑...... El ❑ ❑ .........❑ ..... Michael zm ( ki z S D Dated: Wappingers Falls, New York August 06, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-197 Resolution Authorizing Application For Grants For Intermunicipal Improvements To UWWD Water System - (Williams/Thurston) WHEREAS, the Town of Wappinger and the Village of Wappingers Falls have entered into negotiations for an Intermunicipal Agreement which will allow for the following water system projects: i) An emergency interconnection between the water systems of the Village of Wappingers Falls and United Wappinger Water District; and ii) Establishment of a Water District to serve Woodhill Green Condominium and potentially other nearby properties. WHEREAS, the Town of Wappinger, is in support of the infrastructure improvements and the efforts to secure the grants and any additional funding; and Town of Wappinger Page 13 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 WHEREAS, the estimated project costs and funding are set forth in detail within the grant applications; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board of the Town of Wappinger acting as Trustees of the United Wappinger Water District hereby declares its intent to join with the Village of Wappingers Falls and the management board of Woodhill Green Condominiums in the Town's efforts to secure grants from EFC, the Water Improvement infrastructure Act grant funding for drinking water application and clean water application; and, any additional funding to facilitate the above infrastructure improvements. 2. The Town Board hereby approves and endorses the grant applications under the Intermunicipal Grant Program for the funding of the project known as Untied Wappinger Water District, Village of Wappingers Falls, Woodhill Green Emergency Interconnection which is located within the Town of Wappinger; 3. The Town Board hereby authorizes and directs the Town Supervisor to sign the grant applications on behalf of the Town of Wappinger. 4. The Town Supervisor is hereby authorized to execute any and all additional documents in connection with said grant applications and to supply such additional information as may be required for such grant applications. The Town Supervisor is hereby authorized to accept any grants awarded subject to all EFC regulations and subject to further action by the Town Board to utilize the funds in accordance with the terms of the grant award. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-197 Yes/Aye No/Nay Abstain Absent El Adopted D Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated -William H. Beale ................. ... MoveI r.... ..... ..... 0 ......,........❑ ....... ....... ........ ❑ ........................ ...... .. .... ...... . . .... ❑ .... ❑ Tabled AnelaBettina .......................... Voter ......... D .................. ❑ ............. ❑ ................. ❑ ....... . ❑ Withdrawn n Robert Johnston Seconder D ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 06, 2018 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2018-198 Resolution Authorizing Transfer Of Funds For Uniform Allowance And Sale Of Surplus Property - (Dao/Thurston) WHEREAS, Supervisor of Buildings and Grounds, Steven Frazier, advises that a Buildings and Grounds Chipper has been sold as surplus equipment for $3,800.00; and WHEREAS, the Town Comptroller advises that a budget transfer is required to adjust the clothing allowance for employees in the Building Department due to a change in job titles; NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby authorizes the following budget line transfers to cover the cost of the tractor mounted stump arinder: Amount I From Line I To Line I Town of Wappinger Page 14 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 $3,800.00 Increase revenue line due to A.2655.0000 Sale of Surplus sale of chipper. Equipment $3,800.00 Increase Parks Equipment A.7110.0212 Parks Equipment Yes/Aye expense by the sale amount. Abstain $500.00 B.3410.0204 Fire Ins. B.3620.0203 Building Inspector Clothing Allowance I Clothing Allowance The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-198 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston Voter 0 ❑ ❑ El lDefeated William H. Beale Seconder 0 ❑ ❑ ❑ ❑ Tabled AnelaBettina Voter 0 ❑ ❑ ❑ ❑ WithdrawnRobert Johnston Voter 0 ❑ ❑ ❑ Michael Kuzmicz Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 06, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-199 Resolution Awarding Contract Town Hall Memorial Repair Work - (Thurston) WHEREAS, the area on the front lawn of of Town Hall with memorials has deteriorated due to weather over time and needs repairs; and WHEREAS, the Supervisor of Buildings and Grounds has estimated that the required work would be less $35,000 which would not require competitive bidding; and WHEREAS, the Supervisor of Buildings and Grounds drafted and circulated a Request for Proposals in accordance with the Town's Procurement Policy; and WHEREAS, the Supervisor of Buildings and Grounds received 3 proposals in response to the RFP; and WHEREAS, the following proposals were received: Lehigh Lawn & Landscaping, Inc. $25,637.67 T.G.P. Landscaping, Inc. $29,640.00 Red Cedar Arborists & Landscapers $28,291.29 WHEREAS, by email dated August 3, 2018 the Supervisor of Buildings and Grounds recommends that Lehigh Lawn & Landscaping, Inc. should be awarded a contract for the work set forth in the aforementioned Request for Proposals. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town of Wappinger hereby awards a contract for repairs to the Town Hall Memorial Area to Lehigh Lawn & Landscaping, Inc., in the amount of $25,637.67. Town of Wappinger Page 15 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 2. The Town Board hereby authorizes the Supervisor to execute a contract after the Attorney to the Town has confirmed that Lehigh Lawn & Landscaping, Inc. has duly executed the contract documents, has supplied the necessary documents to begin the work. 3. The Town Board hereby authorizes the following budget line transfers to cover the cost of the Town Hall Memorial Repairs: Amount From Line To Line $25,637.67 A0915 Unallocated Fund Balance A.1620.400 Building -Contractual The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2018-199 Revised Total Reduction Assessment Assessment 2017 $1,280,000 $1,110,000 $170,000 2018 $1,280,000 $1,280,000 $0 Yes/Aye Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. BealeMover . ............ 0 El ❑ ❑ Tabled Angela Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn RobertJohnston .....................Voter Seconder ................ D ................... ❑ ................. ❑ .................. ❑ ....... Michael ki zm C' z D ❑ 0 EJ Dated: Wappingers Falls, New York August 06, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-188 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Advance Auto Parts (Harkins/Thurston) WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2017 and 2018 by Advance Auto Parts regarding real property located at 803 Sergeant Palmateer Way f/k/a 803 Old Route 9 N, Grid 4 6158-19- 562094, and owned by Wappingerwood, LLC, seeking a reduction in the 2017 and 2018 tax assessments for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of this tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2017 and 2018, as it pertains to: Grid 4 6158-19-562094 Year Original Total Revised Total Reduction Assessment Assessment 2017 $1,280,000 $1,110,000 $170,000 2018 $1,280,000 $1,280,000 $0 and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. Town of Wappinger Page 16 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2018-188 Yes/Aye Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ DefeatedWilliam H.Beale................. ...Mover...,....... ............ D ......,...... ❑ ❑ ......,..... ❑..... ❑ Tabled ftelaBettina Voter D El❑ ❑ El Withdrawn Robert Johnston .....................econder Voter ........ 0 .................❑................❑...... El ❑ ❑ .........❑ ..... Michael Kzmic uz S D Dated: Wappingers Falls, New York August 06, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-200 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log ...- I ...- I ...- ...- ...- orresaonadence Loa - 208-07-2 Plumber I T4 From I Date I Date Ree" I Re: Agenda Date 018-018--881 Joseph P Paoloni Barbara Roberti 7124/20118 7125i2Ol8 Performance&Maintenance Bonds for Aug. 20118 8!8!20118 88-88-882 TOWn Board Lee Anne Freno 1 8020181 802018IMonthly Realty Tax Report, June - July, 2818 81812818 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 -2018-200 D Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated -William H. Beale..............--Voter... D ❑.. ❑ ..... . .... ❑ .... ... ....... ....... ........ ...... .... ...... . ❑ Tabled AnelaBettina Voter D ❑ ❑ ❑ ......... .................. ............. ................. ....... . ❑ Withdrawn Robert Johnston Seconder D ❑ ❑ MiCbaefKuzmicz Mover Z E 0 E Dated: Wappingers Falls, New York August 06, 2018 The Resolution is hereby duly declared Adopted. VII. Executive Session 1. Motion To: Enter Executive Session Town of Wappinger Page 17 Printed 8/27/2018 Regular Meeting Minutes August 6, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Richard Thurston, Supervisor AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz VIII. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 11:45 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Town of Wappinger Page 18 Printed 8/27/2018 !2Lylt J T rill ien Town of Wappinger Code of Ethics Article I Intent; Applicability of Other Laws.' § 20-1 Statement of Intent. The Town Board of the Town of Wappinger ("TOW'or or "Town") recognizes that there are state statutory provisions authorizing towns to establish rules and standards of ethical conduct for public officers and employees which, if observed, can enhance public confidence in local government. In the light of a tendency today on the part of some people to downgrade our local governments and to discredit our public servants and our free institutions generally, it appears necessary that every effort be made to assure the highest caliber of public administration of this town as part of our state's important system of local government. It is the purpose of this chapter to implement this objective through the establishment of standards of conduct, to provide for punishment of violation of such standards and to create a Board of Ethics to render advisory opinions to the town's officers and employees as provided for herein. § 20-2 Applicability of Other Laws. The standards, prohibited acts and procedures established herein are in addition to any prohibited acts, conflicts of interest provisions or procedures prescribed by statute of the State of New York and are also in addition to common law rules and judicial decisions relating to the conduct of town officers to the extent that the same are more severe in their application than this chapter. Article II. Ethical Standards. § 20-3 Definitions. As used in this chapter, the following terms shall have the meanings indicated: 'I he /regret Code on Al.), 1.3, 1970 h),1,ocal l,a iv No, 2 /970 (1h -070 k(hics Caad ). ,,r20-4 aa)`ihc 070 F'alaaa;.a 1 `aaale araral Ar-lacle 18 q1'1hc Me ar))acca�°r and aaar�lrlaay°arr�.a aa)lhe /�raar�ar �Y) �arlrlraarl.�a�a�°��°arra laarvaarll a�er-fain a�aaar�l�a�a.a aa�`�araa�a�°a�.a�. §806 ��I'l�� General Municipal 1,aiv rcqui� c° (s Me l oivn Board gI'lhe l oivn q1'War/rpn,,,ycr° lo acaao/rf ru/c( g1'elhical conc ucl )aar°hratlrlaaa 0))accrr araralMal.�cf.(fa ndard(s, gl'conducf aear.(s,ona hl.)° ex/res°led gI'lheiv, and ,l erode aal calraa;.r Ilaaaalararce aa) the llaw "s aa�(la::ers, ervlrlaay°cc.a, arara0 xicxilrera aal`arary Bland (ar.(s, hcrciarar)icr alar)ancd) aa,°aalr ac° (s/ccf to Me in leei.alalion (rajaarc Me /wvn Bland or an , Board, holding ,y aa1 aarvc.afivcna.a in caaar)liel Ivil r (a))aaJarl alaaaaar.r, lrravarle cxi/rloy°xiarari in caaar1Caaal ga°allraa))aaarl alaaaaar.a, )aaaaaa�°aa�x�lrl �°x�arara aI(, araral.aaach a aalrer.aaandara°ala ar.r earl° he ala�a�rred a: dvi.aahlaa. 1 (a) "Board" means the governing board of the TOW and any municipal administrative board (e.g. planning board, zoning board of appeals, Tax Grievance Board, etc.), commission, Town Court of Justice, Special District, or other TOW agency or body. (b) "Code" means the Town of Wappinger Code of Ethics. (c) "Interest" awuns a dire or or alulerial helh!fi/ UCCrUil2�2, 10 U TOW olficer or ealplo,vee, h1w does nol include unY hen(jil urisingjroal 1heprovision or recelpi of an, `VserVic(!S �2,0vhTU11 " V UMilUble to 1he residenis or hjxpqYer� of1he TO W or ('111, arecl of1he aiunicipahly, or a hj"fiz[1 c/ass ol'such residenis or laxpa " vem A Alunicipae l o/ ,ficer or alplo " Vee is deelved/o have an, inleresl in anYprivale husiness or oq2,unizulion, m)hen, he or she, his or her V)ouse, or a awaiher ofhis or her household, is an, om)ner, pariner, alealher, direclor, olficer, eaiplo " v(!e, slakeholder, or direcil "V or in'direcil,v om)ns or conlrols ivore 1hun, .5% qflhe organt zalion'.�; oulslandingslock or other equilYinleresl (d) "Municon dfty" or Town awuns the lomvi, ol'[Vuppinger, or any board, commission, district, council or other agency, department or unit of the government of the Town of Wappinger. 7 he word "Alunicipal" to the alunicipali(V (e) "Municipal officer or employee or TOH,(# ,ficer or eniplo)ee" ilneuns an officer or employee of the Municipality, whether paid or unpaid, including members of any administrative board, commission or other agency thereof and fizoher including, any e/ecled or appoln, led TOW olficial, including, 1he lomm, Clerk; Tomm, Historian, Legislalive Aid, dinY Pepuly, losuale" anY ealplo,vee of1he T0i No person shall be deemed to be a Municipal officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a fire chief or assistant fire chief ,)o1z[se, child, slep-child, uncle, auva, nephem, niece,fiM cousin,, or household alealher of anzinicipal olficer or eaiplo,vee, und individuals hUV1112, U11V oflhese relalion,ships lo 1he,V)oiztse of1he o/ ,ficer or eaiplo,vee §20-4 Conflicts of Interest. No Town employee shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature which is in substantial conflict with the proper discharge of his duties in the public interest. §20-5 Generul Ethical Standards. upp/Y generallY an'd aresuNecl lo alore delailed discussion, in 1his Chapler,- 2 (a) No Town employee shall accept other employment which will impair his independence of judgment in the exercise of his official duties. (b)No Town employee shall accept employment or engage in any business or professional activity which will require him to disclose confidential information which he has gained by reason of his official position or authority. (c) No Town employee shall use or attempt to use his or her official position to secure unwarranted privileges, fivi,(.j(.°e(ji or ivalerial hevielh, or exemptions for himself or hersel,' a relaaV(y, Or (M,'V J)r V(J1(! Og2,(Miz Ii � oti, evi, m,hech he or she is (,ieeil,,ie(l Io have uii, iideresl, or,lbr others. (d)No Town employee shall engage in any transaction as representative or agent of the Town with any business entity in which he or .she has a direct or indirect financial interest that might reasonably tend to conflict with the proper discharge of his or her official duties. (e) A Town employee shall not by his or her conduct give reasonable basis for the impression that any person can improperly influence him or unduly enjoy his or her favor in the performance of his or her official duties or that he or .she is affected by the kinship, rank, position or influence of any party or person. (f) Each Town employee shall abstain from making personal investments in enterprises which he or .she has reason to believe may be directly involved in decisions to be made by him or her or which will otherwise create substantial conflict between his or her duty in the public interest and his or her private interest. (g) Each Town employee shall endeavor to pursue a course of conduct which will not raise suspicion among the public that he or s he is likely to be engaged in acts that are in violation of his or her trust. ,�,'20-6 Disclosure ofinterest in hTishition and other matters. e�° " �y� r � � �y y or iveivher of aqv Boar(], �yeV& (,ieeive(l Io have cm, itaeresi, Vhe ��ficer or eifrl)lo'vee shall (Jischose ivi, mJr litig Vhe iialure re o Vhevaeresly 3 (h) The disclosureshall he ivade when, lhe ivaller requiring, discloslirefiml coaws below lhe Alunicipal 0/ 'cer, eaiplovee, or Board, or when, lhe Allin,icipal 0/ ,ficer, ealplo " Vee, or Bourd,fiml acquires knomVe(h2,e oflhe i[l,l(!r(!Sl WqUiriv2�2, (JISCIOSure, whichever is ecjrlier (c) In the cuse ofu pemonserving, in, an, eleclive 0/wir ! � a ,fice, lhe di, c /(), , ( , h // heft/ed with lhe governing Board oflhe TOW In u// other cuses, lhe disclosure shall befiled wilh lhe pemon's supervi sor or, �flhe pemon, does not have a supervisor, lhe disclosure shall befi/ed with lhe Alun,icipal 0/ ,ficer, eaiplo we or Board huving lhepower to uppoini to lhe pemon"S posilion- M, cj(�dilion, in, lhe cuse pemon, serving, on, a Alunicipal Board, a copy oflhe disclosureshall befi/ed with lhul Bourd An," v disclosre uivade to a Bourdshall he al(Ak j)Izth1iCI,V (11 U ITW(!1ill,12, of ihe Board an' alusl he included in, lhe ivinules o0he aweling, ,�,'20-7 Recusalandabstention. (a) No AluniciPal olficer, ealplo,vee, or alealber o 'unv Board, alcyparlicipule in ('111, v decision, or lake any o lhe cxerclse ol,discrelion" including, discussing, lhe ivaller and voling, on, il, When, he or she knows or has reason, to know lhul lhe aclion, could confix a direcl or or alulerial henelh on, hiaue�for herw�l,u relulive, or an,"v v privale husineSS Or Oq2,U[liZUliO[l, vi, which he or she is deeived to have ('111, inlerest (h) In, lhe evenl lhul lhisseclion, prohibils a Alunicipal 0/ ficer, ealplo " Vee, or alealber o 'unv Bourd'IrOITI CWAJ,012�2, Or U I)OMY Or duiv., l Vi 'he po wer or duiv is vesled in, a Alunicipal 0/ , 'ficer as a Iflember of a Board, lhen, lhe po wer or dizaYshallhe cxercised or perlbrined by lhe other awaihem oflhe Board; or if lhe power or duiv thal is vesled in, a Ahzinicipal 0/ individually, then, lhepower or (IttlYshall he his or her depuly or, iflhe 0/ 'ficer does not have a depulY, the power or dizaYshall he perlbrived by unolher pemon, to whom lhe 0/ ficer aic�,v 1umfizd1,v delegale lhe litn' c I i on, ('13) iflhe power or dul ' v is vesled in, a Alunicipal eaiplo " vee, he or she alusl refix lhe ivaller to his Or her and lhe ianvediale supervisorshall designale unolher pemon, to cxercise or perlban lhe power or alt/Y. M 20-8 Prohibition inapplicable; disclosure, recusal and abstention not required, (a) This Code'S prohibition on use q/'a Alunicipul position, disclosure requirelvelds, an'd requiWITI(MYS WIUIIII�2, 10 recusal and ahslenlion, shall nol upp/Y wilh rcyecl to lhe,fi)11oMng, ivallem.- doplion, ofthe Alunicipalil.Y'S annual bu(4'el anY llnuller requiring, the cxercise of(liscrelion, that direcllY c#,fixis un,Y oflhe,fi)11oMng, groups ofpeople or a lumfizd c/ass ol'such grolips.- ,ficem or ealplowes; ('11) u// residents or laxpa "vem oflhe Altzinicipality, yecicj/ district or an, area, huadel, or flVard oflhe Altzinicipalit'v; or (lit) the genwral public; or unY i1naller that does not require the cxercise of(liscrelion- which coilnes below a Board when, a i1n(.#orilv o 'lhe Board'S total V awaihemhip would olhemise he prohibiledIlroll"I acling, hY this Code; which coil re below a Alunicipal o/ 'cer when, the o/ 'cer would he prohibiled'Iroiln ucling, by this Code and the i1naller cannol he 1cjMfiz[1l,v delegaled to unolher perwill- ,�,'20-9 Investments i , n, conflict with, (# ,ficial duties. (a) No Alunicipal o/ ,ficer or ealplo,vee lvcj,v acquire lhejbllowing inveslawnis invesavents that can, he reasonahl 'v cape cled to require ivore than Vorcidic recusal and ahslenlion, under this Code; or o1jreg givenY in, the cxercise or Bey rlbrivance ol'his or her o/ ficial powem (,IVl,(] (h) Thissection, does nolprohibil a Altzinicipal o/ ( ! ! ( al !al x ofan'Y BourdIlroal acquiring, anY other invesovenis or lhellbllowing assels., real properl v located wilhin, the Alunicipalit'v and used as his or her pemoncj/ residence'. I realproperty or husiness located within, the und Or (3) hondy or notes issued h ' y the Alunicipulil ' y and acquired inore than, ,ficial dulies. No Alunicipul 0/ ren'dilion, o5 dgin'yusin'ess, colviver °hal, prolLysional or other types ofservices, When, the eivplo5pvenl. ("u) can he reasonahly cxpecle to require i�rore than, ,V)orudic �°�y�°��sul an'd abstention 5�r.��°,ylian/ to this (,"ode (h) can he reasonably cxpecled to require disclosure re or use o Or elvph�yee (d) requires representation o u peryon or oq2, unizulion other than, the AlIzIn'icipulity in connection with SeVe�2,dJVeOn, nQ2,.01eUVeons or any other ivaVVer to Which the Altzini °ipulity is a pcjrVy ("d) No Alunicipul 5))ecer or elvph� ee lvd5y cre le, uske br, purytte or accep/ d ori peryon, or oq2, unizulion or their own, hushness that has a ivaller requiring, the cxercise of(e "ceVS n, pending . below the Altzinicipul 5)f cer or eivpl 5yee, either individually or us a Ivelfiber ofu Bourd, while the ivaller is pending or within, Yl (b) No Alunicipul 0/ 1)(XyOn Or Oq2,UniZUnOn, or their own, husiness in connection with any Ivaller involvin,g the cxercise of discretion, below the Altzinicipul office, Bourd, depurilv eni or colvp( rUhh! Og2,(111,i ilio nal iztnil,fi)r which he or she serves. 0 (" No Alunicipal o/ c) ficer or ealplo,vee, u/ anY liffh! (#i(TRTWII�2, US U AlIzIlliCil)(11 o/ 'ficer or ealplo "Vee, ala " v represen't or render services to a privale perwn, or oq2,unizulion, or their own, husiness in, connection with anY particular transaction in, which he orshe perwnall , v participated while RTWII�2, US U AlIzIlliCipal officer or ealplo,WC ,x,'20-42 l-er,,voniilr(�I)resentions tindehiinisper nii(gy(1,, This Code shill nol he a Alli nicipal officer or ealplo,vee (a) represevding hiilnseor herw�l,or his or her youse or ininor children, below the Alunicipali1v In, a pemonal hizil Vlol a husiness, Ivaller" or (h) USS(Tlill,�2, U Chliai againsl the Alunicipali1v on, his or her own, hehcj�l,' or on, hehcj�fofhis or her ,youse or aiinor chih,�wtl- �,'20-4 3 Use ql'Munic4ml resources. (a) Alli n'IcIpal resources shall he rased ,1br la"fizd Allinicipal purposes oVll " V. Allinicipal resources include, bul are Vlol lilviled to, Allinicipal pemonvlwl, alli'd the Alunicipalily's li'loney, Vehicles, equipawni, ivalerials, supplies or other propert,v (h) No Alunicipal o/ ,fic 11) a cer or eaiplovee aicy use or perivil the use ol'Alizini I r(!S0Iz1rC(!S,1br permVI'al or private plirposes, hiza this provision, shall nol he con,sirizied as prohibiting: any use of Allinicipal resources authorized by /aw or Altzinicipal the use ol'Alunicipal orprivulepurposes when, provided to a Allinicipal officer or eaiplo,we as part del 'his or her coalpen'salion". or ('13) the occusional and incidental use during, the husiness da v of Alun,icipal lelephonws an'd Ivallem SUCh usfilivilv care and changes in, work, schedulc No Alunicipal o/ ficer or elvp,�o,vee shall cause the AluniciPalitY to yen d ivore than, is 7 reasonahl 'v necessur " V,lbr tran"yorlation" ITWU/S Or 10(h2,ill,�2, ill, CO[Mh!CliO[l, with ,fi 0/ ia c / travel. ,�,'20-44 Interests in, Contracts. (a) No Alunicipal officer or eaiplo,vee aicy have an, interest in, a convacl that is prohibited h,vseclion, 801 oflhe Genwral Alunicipal Lcjw (h) 1"'Very Alunicipal 0/ 'ficer and ealplo,veeshall disclose inleresis in, contracts with the Altzinicipalil " v (,it the liaw and in, the ivanner required hYseclion 80 3 of the Genwral Alunicipal Lcjm) /,"Xcepl as otherwise required hY (a) No Alunicipal olficer or eaiplo,we, either individual1v or as a Alealber ofu Board, ala " v participate in, an"' v decision, yecificcj// , v to appoint, hire, proivole, disciplinw or dischaq2,e a relative 'Ibr an'y position (,it, lbr or within, the AlunicipalitY or a Alunicipal Board (h) No Alunicipal 0/ ,ficer or emplo " vee ma "v supervise a relative in, the perlbrivan,ce oflhe relalive' (?/ S �i(.,i(.Ilpower,,�;or(li4lie,�;. 1 �,20- / 6 Political Solicitations and Donations to Political (. ampq I gns. fid .No Altzinicipal or i0/,fi(,Jr(j awaiher shall direcdv cer, eaiplo " vee, or Bo ,vl,dlr(!Cl1 , V COIVIRV, i'vIdlice; ivake or proinise to ivake, or accepiftom a subordinale Alunicipal 0/ ,ficer, ealplowe, Board awaiher, henelicial third part , y, or profi!ssional consulluni to the TOW, an", v political contribution or don,alion, whether h,vgili ofiltioneY, service, in,-killld ("including, bul not lilviled to anY paYlven'l ol"Ibod or an, even't) or contribution, donation or provision ofolher lhingS ofvulue; provided, however, this prohibition, does Vl,()/ (11)1) V 10 �2,(!,vl,(!rU1 CMdribulion's or donalions i1nude to a political partY without use or by any Allinicipal 0/ cer or ellf1plovee or fi ofan'Y 11flealber ofu Board No Alunicipal 0/ ,ficer, ealplo "Vee or Board Ivelllber alav acl or decline to act in, relation to appointing, hiring, orproivoling, (hschuq2,ing, disciplining, Or any i1nanvier changing, the 0/ 1, ,ficial runk, slultzis or cony)e iwalio i, of a iv ,ficer, ellf1plo " Vee, or Board 11flealber or an, upplican'l,lbr a posilio 1, as a Alunicipal officer, ei1np1o,v(!e, or Board i1twiltiber, on, the husis o0he giving, m or wilhholding or nwglecling to ivake un," v contribution or donalion, ofalonw"v or service or anY other valuable lhing,lbr No profi!ssional consizillant to the TOW i1nav i1nuke any contribution Or donation, or an'dservices to or on, hehu�fofun,,Iv Altzinicipal 'ficer or ealplo " Vee, or to or on, hehu�fofun,,,v individual cuaipaign, or charitable Oq2,U[l,iZUliO[l,, or "Friends o/"' organizalion asso cia led wilhsizich Altzinicipal 'ficer or ealplo,vee or Board awaiher, provided, however, this prohibilio i, does 11,01 (11)1)/,V 10 �2, (!,vl,(!rU1 con'Iriblilion's, donations, or in-kind covaribizilions ("Such as i10TIS) alude to a political pariv without yecific designation 'Ibr use or by any Allinicipal 0))1c x r !a1p1o,vee or ofan'Y alealber of Bour(I (d). In the event that a Allinicipal 0/ ,ficer, ellnplo,vee, or Board llnellnher receives andonation or in-1kind contribution prohibited bythis q�,'20- / 6, he or she anisl pronvipil v disclose to the TOW Board un," vsizich conviblilion, Or don,alion" including, the idenlit,v oflhe and the aivoina or value thereof ('(!). In the event that anY /aw or courl decision, shall legalize certain, contributions or donalions to Alunicipal 0/ ,ficem, ealplo "th thvees or Board Ineinhem, en, e q/ ,fix,ledpemon,shall reciltse hhvse�for herw�ljrolv unY an' (1// related alullem (/) In, the eveva that an"' v TO W prol�!ssioncjl conwildiava ivakes anY improper or i11Q2,U1 COvllrihl11liOvlS Or donalions lltnder this Code or under relevant /aws or rQ2,1111(MOIIS, SUid IYokssional con'sulluld Ulld (112Y Oq2,U[liZUliO[l, Or association, 'filialed with said prokssional conwildiava, shall he harred'Irom anY pro/ecls, work, or contracts with the Ablinicipalit'v,lbr a period OfFive (",5) Yeam'Iroiln the dule of Such in,1ruclion- ,x,'20-47 (a) No Alunicipal 0/ ,ficer or ealplo,vee or alel'tiber ofanY Alunicipal Board who acquires confiden'lial inlbrivalion, in, the coillr,W ol'CWAJ,012�2, his or her ,ficial po wem Or divies aicjY disclose or use such inlbralulion, un,less the disclosure or use is required h " v /aw or in, the coilime ofexerg, cisin o r 1) erlb an ing his or her 0/ ,ficialpower, (h) 1,"ach Alunicipal officer, ellnplovee and ilneilnher o any Board, shall sign, a .'onfidentialitv Agreeawnl under this Section, / 6 0 20-48 Gs. (d - un ° lid l l�ficer, � aiplo"ve , or i�r�y�� ber of djn� v I ��d Mrd shd ill ,� �� i ,, ��y U ��e�/ in, �e��luleon, ofsecVeon, 80,l- a(' l)(a) of lhe General (h) No Alunicipal 0/ No Alunicipal 0/ r(!C(JV(! (111,"V �2,�fi, Or I?'P7,tllll)ll" �2,Ii`ti" jroai the ,`ti"uive donor, huiJ ng an, u'vi'nial Vh y of �°�yd�,��onah1v d�l�l��yd��°,�� to he ��V�y��,�ed to n lr.��ynce Vhe ol'fi er, ealplo'vee' or ��d�rd ��waiher in, Vhe �yx�y�°°� ise orl��yl°l1��°i�rd�nce of h s or her 0/ 'ficial wem or dulies Vhe gcould reasonah1v he cxpecled to inflizience Vhe 0/fice ealplo"vee' or ��d�rd ��lealher in, Vhe �yx�y�°°� ise or l��yl°l1��°i�rd�nce of h s or her 0/ 'ficial wem or dulies or Vh y gefi is enV yndy l as a reward,lbrany 1/ tial acli n, �� Vh�y l�d�rV oflhe 0/ ficer or eaiplo've y. (d) For purposes q lh s seclion, a "g fi " includes anYlhing ql' value, whe her n, Vhe .Ibrar of ivoney, in-kind services, olher service, loun,, Vravel, enlerlcjinvvenl� hayeIalelY, Vhing orproinise, or in, djvi,,,v olherjbrar. The value or a coarpd cable ilei r he jir ivarkel value lickel enliVling Vhe holder to ,lbod, relreshawnis, enlerlain len'V, or anv other henelh is Vhefijce value othe lickel, or Vhe cosi to Vhe donor, wiiichever is grecjlerPelerminalion, o Whether ivulliple gfisjroat d1,0,vl�2,1(y (10,vlO (10/ldIm IvUSI h(y 1111(lde by d��,l�; ing l� gelher Vhe value �l� dill g�fi�� °� ceived'I oai Vhe donorhY din, �l'fic r or eaiplo"ve y during,Vhe lwelr��y�.��ionlh periodpreceding ing the �°�y�°elpi o Vhe i�rosl �°�yc eni �2, off to he inlended to nht�ynce Vhe �yx�y�°°�°ise or l��yl°�brillicItI (I ol'h s or her �l/ficeal consizillant Vhal seekanzinicipal actio n, involving Vhe cxercise elf (lescrelion, h or with Vhepurlicipulion o the ��fic er or earplo'vec to he inlended as a reward'Ibr 0�ficeal acVeon, when, Vhe g.�fi esjroiln a privuVe pemon TOW prokssoral consizilluni, or og2, nizulion, Vhul has obla ned I'minicipal action, inwolving Vhe cxercise of descrelion, by or with Vhe 10 participation ofihe 0/ 'V 'ficer, eI'np1o'V(!e' or Board iveivher diztring Ihe precedi ig im*e ivovdhs. (e) I 'hissection, does nol prohibil unY o1her gifi, including: �2ifiS IVU(k 10 U I)rol)(!rlv "Friends (?1'7()W" accouni (,'w long as il is SuNec/ losiricl (ICCOUniabililY and audil, and mhichfiztn,(A are to he Used in, prolvolion, qI-IOW111, S(TVIC(N SuCh as recrealional aclivilies, Senior aclivilies, and TOW huildingS, purk� and groun,(A �2,ifiS,IrOITI U JR!M0,vi, m)ilh ufivvilv or pemonul relalionship M)iIh Ihe Ih 0/ '�er m)hen, e ivake il 'ficer, elvplo " Vee, or Board lvelv clear 1hal Ihe pemonul relalionship, ralher 1han, Ihe recipieni'ssializis as a Municipal olficer, eivplo'vee, or Board iveivher is Ihe priinarr the giff- gifis given on-V)ecial occusion's, such as ivarriage, illness or or raireiveni, m�hich are Inodesi, reasonable an'd cusiolvarr" (4) unsoliciled udverii,012�2, Or IYO11101iOIR11 ITIUI(TiUl of Iiiih! inirinSic value, such as pens, pencils, nole pu(A, and cu/endum 1hal are no/ Iz1S(!dIfi)r J)(!MOvRJ/ CUIT11)(Ji�2,,vI, J)Iz1rJ)OS(!S,- (5) um'jr(A' plaques undflomxhuving a value ofseve'vdv- ve doflum or /ess mhich are ill WCO� 2,11,iii011 O1'S(!rViC(! US U Mun,icipal 0/ vee, or Board iveivher, or o1herservice Io 'ficer, elvplo" Ihe or (6) lveu/s and relreshilnetas provided m�hen a Municipal 0/ ' '(r, elvplo'vee' or Board lvelvher is a V)(!(,jk(!r or parlicipani al uJoh- rehfied profi!ssion'ul or educalional conkrence or progral'n und Ihe iveals and rqlreshive'vas are Ivade available Io u// puriiclpu'vas Article 111. Board of Ethics. ,x,'20-49 Establishment; composition; service without compensation. (a) There is hereby established a Board of Ethics consisting offive members, to be appointed by the Town Board, all of whom shall reside in the Town of Wappinger and who shall serve without compensation and at the pleasure of the Town Board of the Town of Wappinger. A majority of such members shall be I I persons other than town employees but shall include at least one member who is an elected or appointed town employee of the Town of Wappinger. (b) the iveivhers ol'such he recoivivendedlo lhelomm, Board by 1heTOW ,tztj)ervisor andinterviem!(1h.,v the ilneivhem ofthe lomn BourJ (c) iveivher of1he Board ofl,"Ihics shall servejbr a three near leriv, Mhich leriv 11,1av he cxlended by thelomm, Boar d,lbr one addilio nal 3 near leriv (d) Akivherof1he Board ofl,.'Ihics inav nol serve on, any Board other than the TO W BourJ ,x,'20-20 Duties. The Board of Ethics established hereunder shall render advisory opinions to Tomemployees and ilneilrhe m Board and, on written request of the Town Board, shall consider and make recommendations to such Town Board as to any amendments of this Code. The opinions of the Board of Ethics shall be advisory and confidential, and in no event shall the identity of the town employee or Board re cher be disclosed except to authorized persons and agencies. The Board ofl,"Theca Shall have sub j)oena I)om!rs and Iva " vsolicil the advice al coue oflegnsl eivIVoYedby the Board ofl,"Ihics, or �fnone, the 7 �) wn 'S leg u/ counseL ,x,'20-21 Promulgation of rules and regulations. Such Board of Ethics, upon its formation, shall promulgate its own rules and regulations as to its form and procedures and shall maintain appropriate records of its opinions and proceedings. ,'20-22. Use of Town Funds,/br Bu(I ,(;,elarY purlmses.. The Town Board "he appropriate (jn,,vnzt(j11ysq1 ficwva moneys from the general town funds for the maintenance of and for (Alvisor " v services to the Board of Ethics established hereunder, but such Board of Ethics may not commit the expenditure of the town moneys except within the appropriations provided herein. Article �,'20-2 3 The Tomm, Clerk ivusl j)roinj)11v cause a coj�y o0his Code and a coj�y ofun,,v ailnendilnent to this (°ode, to he j)os1edj)1z[h1ic1,V and in, the le cal Ived/a as M)e// as each Iniblic building, under the Alunicipahl.Y'S conlrol or .puri sdiclion includin'g, h1lildhv2n,S of (112Y Mslriclinchied ng, Firehouses, 1)rovided hom)(wer, that this (11)1)/,V 10 h1lildhv2n,S /0C(J/(!d ivI, I)l4blic jnjrksThe Code elms he 1)osled m)ilhin, len, dqYsjW1om)ing the dale on, m)hich the Code lakes effi!clAn, ailnendilneta to the Code elms he 1)osled m)ilhin, len, days lb o m) in, g the dale on, m)hich the cvven,(Aneva lakes e/ ffi!cl. 12 C20-24 The Town, Clerk anist proilnpily cause a uyly (Irthi, 0,14 including, an, ailnendilnetas to the Code, to he disl4tiled to cmeg Immyon, who is or becoilnes a Allin,icipal 0/ ,ficer, eaiplo�yee, or awilnher Board oflhe T011K �,'20-25 h"Very I'minicipal olficer, lown, ealph�yee and alealber ofany Board allisl receive a copy of1his Code or an, all"Ien'dil"Ieni to the Code and anisl ucknom)1e(h2, e SUCh receipt and reading,.oflhe Code in, wriling, Such anisl he 'fi/e(l with the Town, Clerk who i1nizist maintainsizich as upiziblic record an'd a copy ofsalve I'misl hefi/ed in, the eaiplo�yee pemonalfilc q�,'20-26 Thefijilure to post IN, ( !ode or an, ailnendilneta to the ( !ode does not qffixl either the applicability or eqlbrceability oflhe Code or the cvinendilnenl �,'20-2T Thefijiltzire ofu I'minicipal officer or eaiplo�yee to receive a copy of1his 1,,'Ihics Code or an, ailnendilneni to the (°ode, or to ucknom)1e(h2,e receipt lhereofin, Wrilill,�2,, (10(!S 11,01 q/ ,fix,l either the applicability or evt1brceability oflhe Code or ailnendilnent to the Codc Arlicle P", Eiifircement, '20-28. Any Alunicipal 0/ ,ficer, el/nph�yee, or any Board awaiher who violates this Code l/nay he cen'sured"fined, sli,yen'ded or rell"loved'Iroal office or ealphylvenl in, the aiunvux provided h ' y hjm). Whether upon, the of the Board of 1,,'Ihics, or hused on, lhefindings oflhe Board oll,'Ihics, the 1'1~1'1 Board ivay pizimizie CiVil Or CrilVilkil lili�2,(Jlion as uppropriclic Arlicle Tf ,ftclive dide. This Code lakes effix'l on, linwerl dule on, which 1,"Ihics Code lakes e/ 13 THIS AGREEMENT, made this day of , 2018, by and between the COUNTY OF DUTCHESS, a municipal corporation with offices at 22 Market Street, Poughkeepsie, New York 12601 (hereinafter referred to as the "COUNTY") and the TOWN OF WAPPINGER, with its principal place of business at 20 Middlebush Rd. Wappingers Falls, NY 12590 (hereinafter referred to as the "MUNICIPALITY"), WITNESSETH: WHEREAS, the COUNTY has offered local municipalities the opportunity to participate in IT related shared services, and WHEREAS, the MUNICIPALITY desires that the COUNTY develop a new website for the MUNICIPALITY to improve and expand its outreach to the public, and WHEREAS, the COUNTY also offers other IT services which the MUNICIPALITY may have interest in using in the future NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. SCOPE OF SERVICES B. As part of this agreement the Municipality may opt to use a range of other County IT Services. These include, but not limited to, PC Support, Networking, Software Development, IT Consulting and Needs Assessments. These services will be billed based on the hourly rate set forth in paragraph 2D below. 2. FEES A. New Website Development — The "fixed" cost for the development of the new website is $14,000. This is inclusive of all Design, Development, Training and Porting of content from the existing website as well as one full year (12 months) of web hosting and support. This cost is based on conversion of the existing townofwappingerus, site pages in addition to the new Special Features and Functions identified in Appendix A. If the Municipality requests additional enhancements or website sections, these will be billed based on a pre -agreed number of hours using the hourly rate set forth in paragraph 2D below. -I- 10&1=2 Pmrolifillearomm, - - The County will provide a discounted rate of $90/hour to the municipality for any work beyond what is covered in paragraph 1A and Appendix A. This rate applies to any County IT services including, but not limited to, networking, tech services, project. management, IT assessments and development services. The first year of annual fees for any of the Services A -C below will be prorated based on the remaining portion of the year, this starting with the month after the new Website is "live" (except as noted below under paragraph A). The annual fees for the second year and beyond will be invoiced in full on or about January 30 each year. A. Website Hosting/Support — The $2,500 annual fee includes: i. Starts after 1" Year of operation. ii. Hosting at Dutchess County OCIS secure site mn�� v. Bug fixes and security patches vi. 9am-5pm, Monday -Friday phone support for Website and Opentext CMS (Thm is to cover questions and problem resolution) Same Day Response (maximum 24 hour window) 1111WOUN WITNUMNOW =-W-15 y-AM410101111 1111111111101filVALIC-2 i. Maintenance Fees to GoviDelivefy Inc. MORE= M N $3,87 When MuqJcJ�alAY_§ ins off on we site design $3,875 When the webs��ive $7,750 Total One-time Fee: 10&1=2 Pmrolifillearomm, - - The County will provide a discounted rate of $90/hour to the municipality for any work beyond what is covered in paragraph 1A and Appendix A. This rate applies to any County IT services including, but not limited to, networking, tech services, project. management, IT assessments and development services. The first year of annual fees for any of the Services A -C below will be prorated based on the remaining portion of the year, this starting with the month after the new Website is "live" (except as noted below under paragraph A). The annual fees for the second year and beyond will be invoiced in full on or about January 30 each year. A. Website Hosting/Support — The $2,500 annual fee includes: i. Starts after 1" Year of operation. ii. Hosting at Dutchess County OCIS secure site mn�� v. Bug fixes and security patches vi. 9am-5pm, Monday -Friday phone support for Website and Opentext CMS (Thm is to cover questions and problem resolution) Same Day Response (maximum 24 hour window) 1111WOUN WITNUMNOW =-W-15 y-AM410101111 1111111111101filVALIC-2 i. Maintenance Fees to GoviDelivefy Inc. MORE= M N iii. Annual meeting to review DutchessDelivery and discuss how the Municipality may expand or improve its use C. Onsite Support, additional training and any requested website enhancements will be billed at the OCIS standard Development rate for municipalities. This Agreement will take effect upon the date of execution by the County and will expire on December 31, 2021. This agreement will automatically be renewed for a one-year term each year thereafter, unless the Municipality notifies (DCIS in writing by September 30 of that year. The County will notify, in writing, the Municipality by August 31, 2021 of changes to the fee schedule. The Municipality may then have the option to discontinue the agreement for the following year. In order to provide the Municipality with sufficient time to find alternative IT services, the Municipality may opt in writing for an extension of the current agreement until March 31, 2022. The paragraph "2. Fees" will be prorated for that three month period. Z satisfaction, the County may terminate the Municipality's website service effective the date of that determination. A. Without cause. The County or Municipality may terminate this Agreement upon thirty (30) days' prior written notice to the other party of its intent to terminate without cause. B. With cause. The County or Municipality may terminate this Agreement effective immediately, with subsequent written notice to be given to the other party of termination with cause. N limitation, any excess costs incurred by the Municipality in completing the services under this Agreement by the use or employment of other contractors or otherwise. 5. CORRESPONDENCE The Municipality should send all correspondences to: Dutchess County OCIS 503 Haight Ave. Poughkeepsie, NY 12603 U by the Contractor are determined to be irregular by the auditor. This paragraph shall survive the termination of the Agreement. The County Shall Not Be Charged for Severance Pay Incentives, The County is aware that from time to time contract agencies engage in programs such as early retirement plans which rewarMi employees with a severance payment as an incentive toward voluntary resignation. The County of Dutchess is prohibited by the New York State Constitution from making a gift of public funds and such severance pay incentives amount to such a gift, Therefore, notice is hereby given that County funds shall not be used for the purpose of a severance pay all any such incentive. If an audit of payments made under this contract reveals that such payments have been made, the Contractor shall immediately reimburse the County for the full amount with interest upon receipt of a written demand from the County. In addition, the County may declare this agreement null and void. IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized officers of the respective parties. TQWN OF WAPPINGE DUTCHESS COUNTY, NEW YORK (Municipality) Approved as to Form 0 mo N By: County Attorney's Office By: Marcus J. Molinaro, County Executive Date: A. WappingerDelivety (Wappinger's version of DutchessDelivery) B. Public Alerts and Advisories (incorporated into the website and DutchessDelivery) C. Consolidated Calendar (of meetings/events as added for different boards/departments) D. Digital Newsletter (can be distributed via DutchessDelivery) E. "Maps and Directions" function for Wappinger's municipal buildings F. Website Feedback Survey GLanguage Selection (Ability for residents to select a language to display the web pages) Redesign the townofwappinger,us website with a new look and feel. This will include color schemes and graphic elements to unify the website based on collaboration with the Municipality about its branding. liDesign/Develop the website to be "Responsive" to adapt across a broad range of devices including smart phones, tablets, laptops and desktops. iii. The County will provide two (2) different design prototypes of a new Home page for the Municipality to consider. Then to ensure agreement on the design concept, the County will design a minimum of five (5) pages as determined by the Municipality; based on the selected prototype. 0 The Municipality will sign -off on the des,ign before the County proceeds with the development of the new website. iv. Develop a new navigation to allow easier access of the site to municipal services, information and activities. V. Develop the website using OpenText content management system (CMS). This will provide the Municipality with the ability to make its own web content changes and add «• The CIVIS will provide templates for easy content updating, content scheduling capabilities, security, approval levels, etc. vi. A design architecture will be created to allow for easy accommodation of new pages and features as well as future sub -sites. vii. Website will be designed to display correctly in the current version of all major browsers; these minimally including: IE, Firefox and Chrome and Safari. viii. The Website will be developed based on ADA / 508 standards compliance. ix. Website usage statistics (for instance from Google Analytics) K. Incorporate DutchessDefiveiy public outreach subscriber service into select weT pages. This will include "Page Watch" function; which identifies web • change" and instructs DutchessDelivery to send out emails/text messages to subscribers that •• I LOW= The County will initially provide training to selected municipal staff to ensure that the municipality can make its own website content changes without involvement from the County. This will include: • OpenText Content Management System (CMS) training for up to ten (10) municiK.. l employees that will •- responsible • updating website pages. • Special website functions including the Consolidated Calendar and Publit Alerts HE= The County will move the current website content to the templates of the new website. Prior to this, meetings will be held with the municipality to determine which content should be moved versus outdated content that will not be ported to the new •• DurchessDeliverY A. Administer and maintain a current contract with GovDeIivery Inc. I I I I I I I I I I I III Ir I � I n! I Ing T Meet with the municipality to provide insight into DutchessDefivery and brainstorm how the GovDelivery Inc, product can best be used. Work with the municipality to help choose topics for residents to subscribp- Design the header and footer graphics for the email correspondences. This be consistent with the County's DutchessDefivery design. The graphics will highlighted with the name "(municipality name) Delivery', municipal website U I and the mayor/supervisor name (if desired). The municipality may choose colors for the header/footer graphics. iv. Train up to three (3) municipal designees on how to implement and maintain t - GovDelivery Inc. functions on the municipal website and how to "advanced Bulletin" feature. D. Provide on-going phone support to the municipality via County staff and/or GovDelivery Inc. E. Annual meeting with the municipality to discuss Dutchess Delivery and how the Municipality may expand or improve its use (if requested by the municipality). 1AWRIONIZILRIAVA A_4;1 MEXELUMEM 113211111111JO =-ff7TmVF-Tsr-1R=- ME= Be available to meet with County Staff as needed during the design/development process to provide insight into the look and feel of the new website in a timely manner, This will minimally involve: Sign -off on the design "prototype" pages before the County proceeds with the ,,tevelopment of the new website. 4. 4. 121112ORWO! i'l I Ill 1! W" �4.. � 0 - - mom= Provide up to ten (10) staff members that will be trained on making content changes. The intent is that the municipality can make their own website content changes without involvement from County Staff. This will involve the use of OpenText Content Management templates. Opent�xt and administration of the municipality's instance of DutchessDelivery. mnz= ii. Review the ported content to identify any necessary corrections or changes. DutchessDelivery B. Ensure that municipal staff or its designee will maintain knowledge to continue to administer DutchessDefivery. C. Manage its DutchessDefivery operation (e.g. sending the public correspondences, creating newsletters, etc.) D. Use the agreed standard header/footer for all DutchessDefivery related correspondences. E. Maintain the cross -promotion of County topics on the municipal website. Sandra Vacchio From: Oscarlece, Stephen <soscarlece@dutchessnygov> Sent: Wednesday, March 28, 2018 1:21 PM To: Richard Thurston Cc: Sandra Vacchio Subject: FW: Website Proposal for the Town of Wappinger Attachments: SharedServicesWebsiteFunctionality-Wappinger.pdf Supervisor Thurston. 1611 1 � III �IgI I The attached document is a detailed Website Proposal. This includes information about advanced functions and applications that would be included; such as our GIS -based mapping application called INFOACCESS A IS I F1 ITATO I Ma' • Base Website Package with many advanced features - $11,000 • DutchessDelivery Outreach — optional - $1,500 • Public Alerts and Advisories — optional - $1,500 • Consolidated Calendar — optional - $1,500 • Recite Me website accessibility — optional - $1,450 -estimated Annual Website Support/Hosting Fees, don't begin until 1 -year after website goe live. ($2,500) p�gipfi1, 1 1 503 Ha�ght Avenue Rw,mhkeensie. NY 12601 Phone845-486-2450 Fax: 845-486-2460 Email: soscaDu .LLece a�.tchessn L wwwjutck, a� r n Fewo I b Pa g e Dutchess County Office of Central and Information Services (OCIS) is pleased to provide th proposal to Town of Waiier to design, develop and host a new town website. i As part of the Town of Waiier website, OCIS will incorporate advanced features from tl-m- as-rre sites. Below are some key features and functions that are included on the "Base" Website. Also provided are a few "Optional Features" that the Town of Wappinger may select for an ?dditional fee. This allows the town to only pay for features that it believes most important. — - ------ --------- Town of Wappinger website. ORION A. Fully Responsive Website allowing for ease of use by a broad range of devices x including smart phones, tablets, and workstations B. "Full" Content Management empowers municipal staff with the ability to update all website content on their own without needing to know web languages such as is HTML • Content updates will be made by municipalities through easy-to-use x Templates. • Provides a workflow to allow entry & authorization (approval) of Web x Content changes. C. Department Information x x D. Boards and Committees Information x x E. Editable Home Page photo/content "slider" to promote different events and x services. F. Iml2roved Navigation for easy access to services and information. This includes x advanced Search function. G. Integration of County Website services with those on the Municipal Website. • This will allow residents to easily find services without having to first know "Does the municipality or the County provide the service?" x • Connection to key County services that residents are most interested in, for instance: Senior Services, Veterans Services, Health & Human Services 2 1 P a g e H. Deliver information to residents that goes beyond the services of the municipal ........... ... government. 0 Community Services Limited 0 Tourism/Leisure 0 State Services 0 Federal Services 1. Language Selection and Text Resizing option on every page to help non-English speaking residents and others that may be sight impaired. 0 Ability for residents to select a language to display pages just as we have on the County Website 0 Text Resizing button to instruct how to increase the size of the text. J Map Directions function for municipal buildings K New InfoAccess GIS -based facility that will map and highlight information about the Town of .i• «" locations such as: census data, calendar events, location of public alerts, places of interest districts/boundaries, elected representatives, and more L Website Feedback Survey W Ability to include Documents, Photos and Videos on Website Iill!lllllllllllllI I Im i I IIIII II I'11�111 ��!11111 pi LEMM * Hosted service managed by the County's OCIS * Content reviewed, adjusted and moved from current website (If analytics are available we will use these in evaluating your site and provide the best course for moving forward) * Photos taken and edited as needed (Up to one full day included) * One Year Free Maintenance and Unlimited Phone Sup -Port included Base Website Price: $11,000 (excludes any "Optional" Items selected from next page or additional features or web pages that are beyond the scope of the current Town of .«« «~ site. 31 Page X DutchessDe/ivery Public Outreach Service ($1,600 one-time) Residents receive email s or text messages for ($2,500 annual) info advisories for topics that they subscribe to. reflects $500 discount • Subscribe to topics such as: advisories/alerts, meetings/minutes, newsletters, etc. x • "PageWatch" automatically detects when a change has occurred on a web page and sends residents notifications that relate to their subscribed topics of interest. • Digital Newsletters • The municipalities version promoted on County Website B. Public Alerts/Advisories incorporated into the Municipal Website ($1,500) • Includes non -emergency and emergency advisories (road closures, maintenance notices, etc.) x • Integrates with NY -Alert emergency related advisories • Allow residents to look at Municipal and/or County Alerts • Integrates with DutchessDelivery public outreach (if purchased) C. Consolidated Calendar ($1,500) • Municipal Events and Meeting are entered into an easy-to-use Calendar. x x May include attachments, meeting minutes and links to website pages. • Your calendar can be integrated with DutchessDefivery (if purchased). Giving you the ability to notify residents of Municipal meetings and/or x events. • Allow residents to view events on the Town of Wappinger and/or County x calendars 41 P a g e Town of Wappinger Welbsite — Pricing Summary Z, BASE Website Package (described on pages 1-2) $11,000 t�ptional Features A. Dutchess Delivery Outreach Service (described on page 3) $1,500 B. Public Alerts and Advisories (described on page 3) $1,500 C. Consolidated Calendar (described on page 3) $1,600 D. Recite Me Software to improve website accessibility for $1,450 people with disabilities estimated ��111,11,, 21 "FA Website Hosting/Maintenance/Support (First year is free) $2,500* 0 * Fee starts after Is' Year of operation a Hosting at Dutchess County DCIS secure site 0 Daily backups / Plus part of Disaster Rec. Process 0 Bug fixes and security patches 0 Unlimited 9am-5pm, Monday -Friday phone support (This is to cover questions and problem resolution) 0 Same Day Response (maximum 24 hour window) Optional Features A. Dutchess Delivery Outreach Service ("includes $500 annual $2,500** discount and no annual fee paid until after I $I year of operation — Special reductions as part of full website packacie) S ecial B. Public Alerts and Advisories $0 C. Consolidated Calendar $0 D. Recite Me Software to improve website accessibility for $1,460 people with disabilities estimated DUtChess County is pleased to s rM t . � =V, F 17 W,7 *"Reirribursement from New York State may be available from NYS Local Government Efficiency grant program 1 n I lirml;Nmrsumm below are a few optional features that the town may purchase ;111•11111111 ipl�!!I Residents receive emails or text messages for information advisories for topics that they ezu*scribe to. • Subscribe to topics such as: advisories/alerts, meetings/minutes, newsletters, etc. • Website can be setup with "Page Watch" function to automatically send residents notifications when website content has changed that relates to topics of interest Digital Newsletter The municipalities version promoted on County Website One-time and Annual Costs Population under 10,000: $1,000 Setup Fee and $1,500 Annual Fee ($500 discount) Population over 10,000: $1,600 Setup Fee and $2,500 Annual Fee ($500 discount) • Includes non -emergency and emergency advisories • Integrates with NY -Alert emergency related advisories • Allow residents to look at Municipal and/or County Alerts 0 Integrates with DutchessDelivery public outreach (if purchased) Municipal Events and Meeting are entered into an easy-to-use Calendar. May include attachments, meeting minutes and links to website pages. • Calendar events will be part of Dutch essDefivery (if purchased). Thus residents can automatically be notified of Calendar meetings/events. 0 Allow residents to view Municipal and/or County calendars C. Recite Me, Software to improve website accessibility for people with disabilities. (Price based on size of website) f.2,a Town of Wappinger Social Media Policy 1. General Policy Statement. 1.1. This policy provides overall guidance for Town of Wappinger ("TOW" or the "Town") Government use of social media. Individuals and entities that participate in social media on behalf of the Town shall abide by this policy. 1.2. Social media tools are creative and interactive forms of online communication. They provide a platform for the Town to develop stronger and more successful relationships and communications with members of the public, residents, visitors and organizations ("Members of the Public"). Social media refers to the creation and exchange of information among individuals through Internet -based applications. This includes, but is not limited to, information in the form of text, pictures, videos, links to other sites or any other type of communication posted to the approved social media site. 1.3. Social media provides the TOW with the ability to: 1.3.1. Promote Town programs and initiatives by engaging Members of the Public; 1.3.2. Provide Members of the Public with an additional way to interact with the Town; 1.3.3. Complement and integrate traditional media for wider message distribution; 1.3.4. Engage in local and Dutchess County discussions on relevant TOW issues; 1.3.5. Act as a service provider and connect Members of the Public with programs or information; and 1.3.6. Provide public outreach to share pertinent government issued informational messages. 1.4. All content posted on the social media pages, including comments submitted, and including that removed, and a list of subscribers or "followers", is considered a public record and subject to the New York State Freedom of Information Law. Any content removed based on the guidelines below should be retained and maintained by the Town Clerk pursuant to the TOW Record Retention Policy to the extent technologically feasible. 1.5. Social media accounts may include but are not limited by definition to the following Facebook, Twitter, Instagram, Linkedln, and YouTube. 1.6. Town social media sites are intended to be informational. Users should not use these forums for making any official communications to the Town; for example, reporting crimes or misconduct, requesting an inspection, giving notice required by any statute, regulation or ordinance, such as, but not limited to, notices of claims. 1.7. Since Town social media sites will not be maintained 24 hours a day, 7 days per week and immediate responses to any requests via post, email, direct message, etc. may not occur, the readers should be advised accordingly. 1 1.8. The Town reserves the right to not reply or decline to reply to any/all comments posted to its social media accounts. It is also understood that the Town will not automatically "friend", "like", "follow" or "connect" to users who follow, comment or "like" Town posts. 2. Employee Use of Social Media. Any employees representing the Town via its social media sites shall conduct themselves at all times as representatives of the Town and in accordance with the Employee Handbook and other applicable policies. When a Town employee posts or responds to a comment in his/her capacity as a Town employee, the employee should do so in the name of the Town Department, and the employee shall not share personal information about him or herself, or other Town employees except as required for Town business. 3. Creation and Use of TOW Social Media Sites. 3.1. Registration. All existing official Town social media sites must be approved by the Town Board ("Board") and registered with the TOW Supervisor's Office (TSO). The Board and the TSO retain the ability to deny the creation of any new social media account if the requesting Office, Department, Committee, or individual ("Organization") cannot provide a legacy system and a unique need for said account. Prior to starting a new social media account, one must submit an application on the TSO, using the registration form provided by the TSO. 3.2. Organization Use. Each Organization involved in a social media effort must have a clear understanding of the Town's social media policy. Additionally, Organizations must clearly define internal policies to complement the overall Town policy. This internal policy must include roles and responsibilities for any personnel involved in managing social media, including affinity groups, vendors and volunteers, and a process to ensure there is consistent messaging across all media that the Organization uses for public communication, including social media. Training should be provided for employees authorized to engage in social media on behalf of the TOW. Employees not authorized to engage in social media should be warned of the potential consequences of posting in an official capacity. 3.3. Organization Policies and Procedures. Organizations should develop an organizational structure and Department -specific social media policy consistent with Town -wide policies. It should address the following elements: 3.3.1. Roles and responsibilities for staff members that create and manage the Organization's social media presence. This must include a protocol for responding to complaints or other service requests, and complying with records retention policies; 3.3.2. Organization members or staff responsible for managing social media sites must be trained on the use of social media and records management issues presented by social media. This includes review and approval processes for social media messaging and content, if deemed appropriate. Online communication should be consistent with any information and advice provided through other media and forums; 2 3.3.3. Oversight of the social media site(s) developed within the Organization (whether developed internally or through a vendor or consultant); 3.3.4. Clear protocol for personal posts and comments by non-social media Organization staff on official accounts; and 3.3.5. Consultant/Vendor/Contractor guidelines for use of social media. 3.4.Internal process to address customer issues, questions or complaints. An Organization's social media policy may depend on the nature and purpose of the Organization. One central contact should be designated to oversee the Organization's social media program and to coordinate with TSO for policy updates. 3.5. Consultant / Vendor / Contractor Use of Social Media On Behalf of an Organization. Vendors or contractors hired by an Organization to assist in developing Organization's social media presence must comply with all elements outlined in this policy and any other additional internal policy that an Organization may develop. In contracting out social media related tasks, it is critical that the Organization retains permanent ownership of the created webpages. For legal review of the vendor contracts, please contact TOW's legal counsel. 3.6.13randing Social Media Accounts as Official Town Sites. Organizations engaging in social media should clearly brand their websites as an official government presence. At minimum, this requires the following: 3.6.1. the profile image should include the Town seal and/or cover photos that are obviously identifiable or representative of the Town and shall not include individuals or groups of people. 3.6.2. the account should clearly link to the social media user policy, language in the blog to indicate that this is an official account, and the account name should indicate that it is TOW property; 3.6.3. It is important to represent the Town with a consistent message across all forms of communication, including social media platforms; and 3.6.4. Certain official program initiatives may require the development of a non -branded social media sites. Organizations interested in launching issue -specific campaigns without clear government association should contact their agency's legal counsel and TSO. 3.7.Employees Using Social Media in Their Official Capacity. 3.7.1. Most often, social media accounts are created to represent the TOW and its Organizations. Occasionally, an Organization might want to create an official social media 3 account for an individual, like the head of the Department, or a press officer. Personnel may be authorized to use social media for many reasons, including (but not limited to) promoting an Organization's message, engaging with other government and community leaders, or participating on an Organization's social media site as subject matter experts. 3.7.2. Personnel authorized to engage with Members of the Public via social media platforms as part of their TOW work should comply with all TOW and Organization guidelines while doing so. Personnel should also keep in mind that they are representing their Organization and TOW at large with every social media interaction. 3.7.3. Accounts created and maintained by individuals to use for official purposes become TOW municipal property and do not transfer to the employee should they leave the TOW Government. 3.7.4. Personnel who wish to use social media in a personal capacity must indicate they are only representing themselves, and cannot do so on Town time and using Town resources, including personnel. 4. Security. 4.1 It is important to take all necessary steps to ensure that social media accounts are secure from accidental or purposeful attacks. 4.2 Passwords must be adequately complicated to prevent cyberattacks. It is advised that passwords are never sent through email, but are communicated verbally. If a cyberattack is suspected, the agency must first contact TSO. 5. Legal Considerations. 5.1.While there are many benefits to working with social media, there are some areas of legal vulnerability that are unique to these forms of communication. 5.2. Content Posting and Sharing. 5.2.1. Many social media platforms allow users to share and post their own personal photos, videos and other creative content on fellow users' account pages and sites. The TOW should not allow or encourage this practice. 5.2.2. Organizations should work with the TSO in crafting their social media message and strategy. Organizations may, where necessary, are allowed to post to outside links including, but not limited to, other Organizations, news outlets, and other social media 21 pages. However, Organizations should create original content where possible, and a majority of published content needs to be original. 5.3.Privacy. 5.3.1. As TOW social media sites grow in popularity and usage, issues of privacy become paramount. Organizations (particularly those that handle sensitive or protected information) need to be mindful of customers' privacy and identities. Organizations with fundamental privacy concerns (e.g. Recreation Department that is serving minors or manage health information) should consider their customers' privacy before joining the various social media platforms disclosing customer involvement. In addition, those Organizations may choose to alert customers that by affiliating with certain social media sites, they may be openly associating themselves with the specific Organization or TOW service. 5.3.2. Organizations posting material featuring identifiable private individuals and children are encouraged try to get permission where possible/feasible before publication. Releases or permissions should be in writing or by an email authorization from the source confirming that the TOW's use is acceptable. 5.4. Terms of Service. 5.4.1. When private individuals and organizations join social media sites, the sign -on process almost always includes a Terms of Service (TOS) clause. New members must agree to the individual site's Terms of Service before they are granted full -access privileges to the site. TOS clauses vary across social media platforms; as such, Organizations should carefully read the TOS of each social media tool before developing its presence. For example, many of the sites provide that the site's operator is automatically provided with a broad license to any posted material, that the user consents to choice of law and venue in a remote jurisdiction and that the site's operator has the right to place advertising in close proximity to the user's content. 5.5. Moderating Customer Input. 5.5.1. Social media platforms often provide users the ability to voice their opinions and reactions to posted information. This may result in comments or feedback from users that concern TOW or Organization officials, department heads or other staff. An Organization should not use social media if it is uncomfortable with the idea of users posting negative or unsavory comments about itself, its leaders, or its programs. In other words, if the agency is uncomfortable with the level of exchange on a particular site, the site may not be appropriate for that agency. 5.5.2. To keep track of incoming feedback and follower contributed content, Organizations should check their social media sites at least once a day. If a TOW social media site is 5 created under guidelines or policies that limit the site to a particular topic (as opposed to general or all-purpose agency communications), off -topic comments or contents may be deleted under the guidance of TOW legal counsel. Otherwise, agencies may not delete or modify comments that are posted or otherwise sent or shared by outside parties on their social media sites. For guidance on the narrow exceptions (e.g., obscene comments, hate speech, solicitations and comments that violate the Terms of Service of the host site), please contact the TOW's legal counsel to determine an appropriate response. 5.6. Notice. 5.6.1. The interactive nature of social media enables Organizations to directly engage customers. However, Members of the Public also have the ability to communicate with Organizations and may choose to report an issue, request a TOW service or seek more information regarding a TOW program available to them over the various social media sites. For information requests that the Organization cannot accommodate, or if a service complaint needs to be submitted, agencies should loop TSO and TOW legal counsel into the conversation and then they will then offer a reply. 5.6.2. All employees should be alerted to the fact that a request received through a social media site may also serve as a notice of some possible issue or problem. For example, if a customer notifies the TOW Highway Department about a pothole over a social media site and another resident or visitor is subsequently injured by the same pothole, the notification may potentially be used by the injured as part of a resulting legal action. Any suspicious comments of this nature should be communicated to TOS and/or TOW Legal Counsel. 5.6.3. All social media sites maintained by the Town shall clearly set forth that they are maintained by the Town as the Town's "official" social media accounts. The following disclaimer shall appear on all Town social media sites: The Town be the sole owner of all social media accounts and the Town reserves the right in its sole discretion to delete any postings it deems offensive or inappropriate, and reserves the right to deny access to any individual who violates the Town's social media policy without prior notice. Postings other than by Town officials do not constitute opinions of and are not endorsed or approved by the Town. The Town specifically disclaims any and all liability to for any damages, which may result from accessing links to other posts, pages, or website that are not owned, operated, controlled or reviewed by the Town. Inappropriate content, includes, but is not limited to: • Potentially libelous comments; • Comments on disability, religion, or national origin; • Private, personal information offered without express consent, • Hyperlinks to materials not directly related to the discussion; • Material known to be plagiarized; 9 • Commercial promotions, including for-profit advertisements or products for sale; • Content appearing to be "spam • Comments pertaining to organized political activities, including political endorsements; • Comments not topically related to the particular post being commented upon; • Comments that promote, foster, or perpetuate discrimination on the basis of creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; • Comments that include vulgar, offensive, derogatory, threatening or harassing language, racist; personal attacks or unsupported accusations; • Obscene or sexual content or links to obscene or sexual content; • Illegal activity or encouragement of illegal activity • Information that may tend to compromise the safety or security of the public or public systems • Comments from children under 13 cannot be posted in order to comply with the Children's Online Privacy Protection Act. By posting on a Town media site, users acknowledge that they are at least 13 years old • Content that violates a legal ownership interest of any other party. and • Any content that is not deemed to be in the best interest of the Town. 5.7. Freedom of Information Law (FOIL). 5.7.1. Organizations should ensure that relevant staff are provided with guidelines and training before posting any material to social media sites. Once information has been posted, it may be considered an agency record subject to applicable retention requirements and to the Freedom of Information Law (FOIL), under which government records are made available upon request to members of the public. Even if the communication, information, photo, video, etc. is immediately removed from the host site, once it is has been featured on a social media site, it still may be subject to record retention requirements and to FOIL. The same would be true of third party comments or materials posted on the agency's social media sites. 5.7.2. All TOW social media should be archived to the extent possible. TOW's IT Consultant should try to procure a social media archiving tool and provide guidance on appropriate record keeping practices. 7 6. Applicability. 6.1.. This policy shall apply to all Town Organizations as well as any affiliated government or non-government agency or official permitted by the Town to post on Town media sites. 6.2.. Notwithstanding the above, nothing in this Policy is designed to interfere with, restrain, or prevent employee communications regarding wages, hours, or other terms and conditions of employment. Nor is it meant to imply any restriction or diminishment of an employee's right to appropriately engage in protected concerted activity under law. Town employees have the right to engage in or refrain from such activities as they choose. 6.3. Anyone with information as to a violation of this Policy is to report said information to the appropriate Organization Head. Once the Organization Head is informed of the violation, a formal process, consistent with the Employee Handbook, Union Contract, and/or applicable law, will commence. 6.4. An employee who violates this Policy will be subject to disciplinary action up to and including termination of employment. 9 1163L 3L L7 'is **02L9LL39B1** 10 W L13'S 3 304 TWOMMAL MOMOT'"AS A WAMAMARK ON THS 8ACK, HOLD AT AN ANOa TO Vim 001407 OASH If Nor PROENt FUZZ:) I FLANNINU rtt%> DATE:,a—)—� APPLICATION / ACCOUNT No.: MAIRMY00-311 FKATNTP d, b I RESS:C—/d 1&e r-1- I�Lail I GRID NO.: APPLICANT: ce'l 'I A, ADDRESS -- APPLICANT'S PHONE No.: *WNER (if different from applicant): *WNER'S PHONE No.: SUBDIVISION APP. FEE: SUBDIVISION ESCROW: RECEIPT No.: RECEIPT No.: RECEIPT No.: SITE PLAN APPLICATION FEE: RECEIPT No.: SITE PLAN ESCROW: RECEIPT No.: R aU 3 SITE PLAN POST PLAIJNIIJG: RECEIPT Uo.: 0i 2=01 F-11 0 NO :4 M I I a *no] w0wo �, 2411MA 101111 Miami L III cc: Town Fil Controll] RECEIPT No.: RECEIPT No.: RECEIPT No.: IN 0 alira 111jagill-W, �114110101 19-41W N 0 ::: 0 NAPPINGEA5 FALL5, F" " (845) 297-6256 FAX: (845) 297-0579 GRIDNO.: SITE ADDRESS: _;Q 14-, Bsignature of the Cod Ellf rcement /Fire Inspector/ Zoning Administrator this confirms that the y escrow received on for the amount of I. S SEEDING / STABILIZATION 1 $ DRIVEWAY 3 is,/are complete in accordance with the Town of Wappinger specifications. Confirmation of completion has been verified, if needed, with the Engineer to the Town and/or highway Superintendent by the Code Enforcement Officer. Escrow maybe forwarded to the Comptroller and Town Board for authorization of return of escrow. Payment should be payable and seat to: NAME: Mid - Rctj Son Oe�ve_lopmeV4 eorp ADDRESS: f).0, 130K 636 R s k K, II , Af Y IQ �3 Respectfully, C 03 Code j'fo7rc soot fficer 0 e ns e tor El ing Administrator Date ig, tore Fiff ME= 6/20107 - EVERY UESCROW RETURNAUTHORIZATION TOWN OF WAPPINGER, NY P.O. BOX 324, 20 Middlebush Road Purchase Order Wappingers Falls, N.Y. 12590 N Not Write In This Box PURCHASE ORDER & VOUCHER Date -Voucher Received A Box F k 1.11t Date Quantity Description of Materials cw Services R. AMOUN' r PRIC 7/31 11T s�� Er si'oii 0 BUILDING RMIT NO.: -Cje-#M-49 01-7-06�1 1 Gx -03 -465110 PROPERTY: '7 3,� MAILING ADDRESS: > SAME < .MONEY PLA�EQ IN ESCRO PARD Y: (-64S,or, Ve,cof*" METHOD: AMOUNT: $ $3,(X)0,00 RECEIPT: rOTA1, f ff A 1*4 A MriL" Jr11.'19"rIVIrl- A'rtd't%l f_j�t%AITIP%L11 1.71k..1:a9%111'1L..CW-- 1iii F Joel s« U'Vv 15 certify that the above account in the amount of 0 is true and correct that the items, services, and disbursements charged were rendered to or for the municipality ori the dates stated that no part has Iteen paid or satisfied, that taxes, front which the municipality is exempt, are not included, and that the amount claimed is actually due. f�Dv elf Date �Signxu,, Title (Space Below for Municipal Use) DEPARTMENT APPROVAL The above services or materials were rendered or furnished to the municipality on the dates stated and the charges are corriect APPROVAL FOR PAYMENT This claim is approved paid from the appropriations indicated above DAIT-', AUTHORIZED OFFICIAL I I DATE COM`TROL,LER 71 5JS bee BWLDING EIPARTMENT USH ROAD 12 Escrow Agreement for Incomplete Non -Structural Improvements 1, Amu (-me_1z_ the undersigned as contractor and/or agent of subsequent . 6wndr, agree to post a cash or certified check in the amount of 0. S9- for the following non-structural items no completed on the following listed property: GRID NO.: 4;2,1'?_,��j - /0 BfP - ESCROW# SITE ADDRESS: I I F /-N NOTES: - ATTACH COPIES OF ALL CHECKS RECEIVED AND C/O ISSUED TO THIS DOCUMENT AND PLACE IN OUTSTANDING ESCROW FILE .1 3: a I !t. lazzong-MOK t 11, L Top ToWN OInc WAPPINGER DATE: FROM: �Opl -weJqj ADDRESS: SITE: GRID: 6? TO WHOM IT MAY CONCERN: I AM REQVEs'nNG MY ESCROW TO BE RETURNED CONCERNING: W0_RLK,QQNjjffl0N AMQMT 000Ob 0 AS THE WORK LISTED HAS NOW BEEN COMPLETED ANT) MAY BE INSPECTED BY YOUR OFFICE. jc4lrl Print Name q H 43 r -f ne of ConUwt 2116120 18 Town of Wappinger 20 Middlebush Rd. Wappingers Falls, NY 12690 (846) 297-0266 a=77_ . 1111111�111 l�, 11111111111111111111111 1 1 1 111111 1111111 �ilillill 1111111111111111,11 �ililill illyll 4 Z Form- am, :. 0 1 .- FEES PAID S .2 Reference: Z R J A Hid Inc 6259-03-455110 51 Myers Comers Rd Mid -Hudson Development Corp 32 Padasana Ct .2 U) 0 Wappingers Falls N Y LU I- Q 0. 0 Date Fee Check No. Receipt No. Arnouni 2/15/2018 ESCROW - BUILDING 6210870 18-15234 $3,00, 0 0 Total: $3v000 L_ ow) Uj "'2 xvwv, 0,009 W7771 LfE ii4TE"6, li Lo x 0070 7�, W 00 1� . .. ... OKII FA 5w ,o. 00 IC/ C14 f FZ' LU T, L5 COMMENT fie rz 2 108 70ol Is* 2 2 19 ? 10 1 Ste* ut 9130000 7008its 0 LU E a=77_ . 1111111�111 l�, 11111111111111111111111 1 1 1 111111 1111111 �ilillill 1111111111111111,11 �ililill illyll 4 Z Form- am, :. 0 1 .- ZONING ADMINISTRATOR Barbara Robert - Ext, 128 PLANNING BOARD & ZONING BOARD OF APPEALS SECRETARY Bea 0gunti - Ext 122 ZONING DEPARTMENT 20 MIDIA,EBUSH ROAD WAPPING]IRS FALLS, NY 12590 (845) 297-1373 July 24, 2018 Fax (845) 297-0579 www.towndwappinger.us Barbara Roberti, Zoning Administrator Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 RE: Chen Properties Group LLC 07-T-WIT4171111161 SUPERVISOR T)n Richard L, Thursto TOWN BOARD William I.I. Beale Angela Bettina Robert Johnston Michael Kuzinicz I am requesting the return of the escrow balance for the project, Dunkin Donuts ., Application No. 14-3307 in the amount of $17,500.00 I 17-ffelswl P.O. Box 619 Wappingers Falls, NY 12590 Sly AT E me*Kew TITLE �Ui"'eAJ r14C-AV PRINT NAME ? DATE From: Yuwen Chen <yuwenchen@chenmgtcom> Sent. Tuesday, July 03, 2018 5AO PM To: Beatrice Ogunti Subject: Request For Bond Release C'an you please release the tree restar ation bond of $17,500.00 set by Chen Realty- Route 9D, LLC? Thanks, Yu wen Chen TOWN OF WAPPINGER, NY 20 Middlebush Road Purchase Order Wappingers Falls, N.Y. 12590 Do Not Write InThis Box MW PURCHASE ORDER & VOUCHER Chen Properties Group LLC c/oi Chen Management Group Inc. PDX 619 W nger �Falls, NY 12590 or Services FUND - APPROPRIA ABSTRACT NO, Return of Escrow for cash restoration bond Dunkin Donuts 14- 3307 Route 9D Site At, 17,500 00 - ( FAmoumr PRJCE 17,500 00 00 me I .— I.--yuneen Chen, .---..-----__oertify that the above account in the amount of S--17,5K00----.- is true and correct; that the ittins, services, and disbursementi charged were rendered to or tear the municipality on the dates stated that no part has been paid or satisfied; that taxes, ftm wh' h the municipality is excuipt, are not included„ and that the amount claimed is actually due Title (Space Below for Municipal Use) DEPARTMXPi" f APPROVAL The aboveservices or materials were rendered or furnished to the municipality on the dates,", ed and the charges are correct DATE AUTHORIZED OFFICIAL APPROVAL FOR PAYMENT This claim is aplooved paid than the approttriations indicated above DATE COMPTROLUR 6.7.a RESOLUTION NO. 201.6- 1 0 0 1113MATI N Ion 11100 114 WE 1-1031:1 a RM 14110lu 1 ,w UZ At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at, Town I-lall, 20 Middlebush Road, Wappingers Falls, New York, on the 11"' M The meeting was called to order by Lori A. Jiava, Supervisor, and upon roll being called, the following were present: I-211114003"In VVIIA-1,21" M= Council Members The following Resolution was introduced by Lori A. Jiava William H. Beale William Ciccarelli John J. Fenton and seconded by WHEREAS, Chen Realty -Route 9D, LLC, a domestic New York State limited liability company, having an address of 19 l4illcrest Court, Wappingers Falls, New York 12590, hereinafter referred to as the "Owner", has made application for site plan approval to the Town of Wappinger Planning Board for the construction of a commercial structure on certain lands located at 2026 Route 9D that are designated as Tax Parcel 6056-02-746856 on the tax map of the Town of Wappinger (the "Property"); and WHEREAS, on March 21, 2016, the Planning Board of the Town of Wappinger adopted a Resolution which determined that no significant adverse environmental impact would be caused by the project and authorized the issuance of a Negative Determination of Significance pursuant to SEQRA.; and WHEREAS, during the SEQRA, review process, the Owner provided evidence that there was no habitat on the site for rare, threatened or endangered species; and WHEREAS, the Owner of the Property made a request to allow the cutting of trees on the Property, prior to the issuance of a Resolution of Site Plan Approval since the US Army Corps of Engineers and the NYS DEC regulations require that the cutting of trees may only take place between October I and March 31 to minimize the possibility of disturbing the migration of Indiana Bats; and WHEREAS, the Planning Board adopted a Resolution on March 21, 2016 granting the Owner's request to cut the trees in the area of site plan disturbance on the express condition that the Owner agreed to re -plant trees in the event the Site Plan Approval was not granted and said agreement was to be secured by a Bond, Letter of Credit or Cash Deposit in an amount to be fixed by the Engineer to the 'town, specifically in the sum of $17,500.00; and WHEREAS, the Owner has delivered to the Town an Undertaking secured by a Cash Deposit in the form of an Official Check issued by Rhinebeck Bank, bearing No. 6195019 in the amount of $17,500.00 paid to the order of the Town of Wappinger, as security :for the faithful performance of the obligations set forth in the Undertaking; and WHEREAS, the terms of the Undertaking authorized the "Town of Wappinger to draw against the aforementioned cash security posted in the event the Owner does not restore the W project site in accordance with the terms and conditions set forth in the Planning Board Resolution of March 21, 2016. NOW, THEREFORE, BE IT RESOLVED, as follows: I. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that the Undertaking executed by Chen Realty -Route 91), LLC and secured by a Cash Deposit in the SLIM of $17,500.00, is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Owner does not fulfill the obligations to re -plant trees in the event Site Development Plan Approval is not granted all as set forth in the Planning Board Resolution of March 21, 2016. 3. The Town Board hereby accepts the Undertaking dated March 25, 2016, executed by Chen Realty -Route 9D, LLC, a New York, State limited liability corporation, having an address of 1.9 1--filicrest Court, Wappingers Falls, New York 12590, secured by a Cash Deposit in I'MMIM 1 1 I I 1111111MMMMM-171 �i 111113MEMUM I 1EMEEMM $17,500.00 paid to the order of the Town of Wappinger, as security for the faithful performance for the completion of the obligations set forth in the Undertaking and in accordance with the Planning Board Resolution of March 21, 2016. 4. The Town Supervisor is directed to deposit the aforementioned Cash Deposit in a bank account maintained by the Town, to be held in escrow, pending compliance with the terms of the Undertaking. The foregoing was put to a vote which resulted as follows: LORI A. JIAVA, Supervisor Voting WILLIAM. H. 1EALE, Council Member Voting WILLIAM CICCARELLI, Council Member Voting JOHN J. FENTON, Council Member Voting MICHAEL KUZ-MICZ, Council Member Voting Dated: Wappingers Falls, New Yo April 11, 2016 1 JOSEP14 P. PAOLONI, TOWN CLERK SRDD LAW A 1136 Route 9 11023111��I L�-- Kenneth M. Stenger Barbara Roberti, Zoning Administrator Town of Wappinger Albert P. Roberts 20 Middlebush Road Thomas R. Davis Wappingers Falls, New York 12590 Stephen E. Diamond* Re: Dunkin Donuts Site Plan — Route 9D * Undertaking (Restoration) Joan F. Garrett James P. Horan— Dear Barbara: Ian C. Lindars Darren H. Fairlie Enclosed herewith please find original Undertaking executed by Chen Realty - Route 9D, LLC posted in connection with the tree restoration as per Planning Robert Schanzenbach Board approval. The Undertaking meets with my approval as to form, It is my Fred Clarke understanding that you have the check for $17,500.00 and that you will forward it to the Town Accountant for deposit. OF COUNSEL Scott L. Volkman This is on Monday's agenda for acceptance by the Town Board, Karen MacNish Jessica J. Glass Very truly yours, PARALEGALS STEN ER, ROBERTS, DAVIS & DIAMOND, LLP Sandra Oakley Dawn M. Paino I "V ALBERT P. ROBERTS CLOSING COORDINATOR APR/so Maria L. Jones cc: Town Board ALSO ADMiTTED W FL & MA ALSO ADMnTEO W CT — ALSO AOMMMO N NJ UNDEWFAKING SECURED �BY CASH DEPOSIT FOR RE4 STORATION This undertaking executed tllis,.-,) S-, day of March, 20 16 by Chen Realty -Route 91), LI X a domestic New, York State limited liability company, having an address of 19 Hillcrest Court, Wappingers Falls, New York (the "Owner'' , to the TOWN' OF WAPPINGER, a municipal corporation with offices located at the Town of Wappinger Town hall, 20 Middlebush Road, Wappingers Falls, New York, 12590. WHLi REAS, the Owner has made application for site plan approval for the construction of a, commercial structure on certain, lands located at 2026 Route 91 that are designated as Tax Parcel "Planning Board"} adopted aResolution which determined that no significant adverse environmental impact would be caused by the project and authorized the issuance of a Negative Declaration; and V*9UREAS, during the EQ A. review process the Owner provided evidence that there was WHEREAS, the Owner of the property has made a request to allow the cutting of trees on the property, prior to the issuance of a resolution of site plan approval since US Army Corps of Engineers and NYS DEC regulations require that the cutting of trees may only take place between October I and March 31 to ininimim the possibility ol'disturbing time migration of Indiana Bats; and Owner's request to cut the trees in the area of site plan disturbance subject to the condition that the owner agree to relAarit, trees in the event site plan approval was not gr=ted and said agreement was to be secured by a bond, letter of credit or a deposit of cash in an amount fixed by the Engineer to the Town; NOW', THEREFORE, the Owner hereby executes and delivers this undertaking to guarantee to the Town of Wappinger that if Owner's application for site plan approval is denied or withdrawn, the Owner shall plant replacement trees on the site consisting of white pines and deciduous trees), and restore the site grades to its undeveloped condition, as near as practicable, to the satisfaction of the Town of Wappinger, within 120 days of the receipt of demand, weather permitting; and If Owner fails to p)ant the replacement trees and restore the site grades by sueb date as set forth above, or such extended date as the To Board may approve, then the Town of Wappinger shall have the right to draw upon the security posted to plant the replacement trees and restore the property, JlieFown shall provide an accounting to the Owner for the expenditure of such sums, and all amounts remaining on deposit with the Town after the work has been completed, shall be returned to the Surety or the Owner as the case may be. As security for this obligation, Owner delivers herewith to "own of Wappingerthe following security for &ithtul performance of this obligation: Cash in the amount of Seventeen Thousand Five Hundred and 00/1 00ths Dollars ( 17,500.00). said among being detelmined by the Engineer to the To of Wappinger. At such time that the Owner has received a resolution of site plan appjoval, and has complied with all of the conditions of said resolution, the security for this undertaking shall be release d. IN WITNESS WHEREOF, the undersigned executed this Agreement on this 2 <'"µ day of March, 2016, Chen Realty -Route 9D, LLC By: STATE OF NEWYORK, ) COUNTY OF DUTCHESS) ) SS: fin the March 2 w3, 2,016 before me personally appeared I personally known to me or proved to rue on the basis of sata "act -myevidence to be the individual whose name is subscribed to the within instrurnent and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,, the individual, or the person upon behailf of which the individual acted, executed the instrument. Notajy Public FAUSER\CIient&\0Chen\NewBuVit, Inc\Restoration Bond.3.23,16,wpd OFFICIAL BANK CHECK, 19 5= 88.58/1119 8-58/1119 DATE 31/2212016 cn roup LLC 0 FIVE HUNDRED AND O0/1W � ICE TO CUSTOMER AS A CONDITION TO THIS INSTITUTION'S ISSUANrL nF r_ THIS CHECK, PURCHASER AGREES TO PROWM INDEMNITY BOND PRIOR TO THE REFUND REPLAC MENT OF THIS CHECK IN THE EVENT rT �S' LOS "M PtAC D,ORSTOLEN :L 0 'G A✓ 00 0 0 � 19 SO 19118 1: 2 2 19 ? 10 1 SI: ill 980000 ?C z 0 (L is c� (1) uj w Town of Wappinger Identification Card Policy I. Purpose The Town of Wappinger will issue a photo identification card (ID Card) to each elected official and Town employee. The ID card serves as proof of Official/employee status within the municipal government of the Town of Wappinger. IL Issuance and Permitted UsaLYe of an ID Card 1. The Office of the Town Supervisor issues all ID Cards . One initial ID card is issued without charge. The Town of Wappinger issues a photo identification card (ID) to certain employees, at the discretion of the Town Supervisor. a. One card only will be issued per person and the status on the card will correspond to the person's civil service or elected official title 2. Employees must carry a current ID card with them while in Town Hall and while working outside Town Hall. The card may only be carried and used by the person to whom the Town issued the card. a. ID cards should be displayed and visible while in the field, outside of Town Hall. b. Display should be on a lanyard of modest design 3. The cardholder is responsible for the care and safekeeping of the ID card. It is prohibited to punch any holes in the card or to stick stickers, pins, or other items to the card. Officials and Employees must keep the card away from magnetic fields. 4. The ID card remains the property of the Town of Wappinger. 5. The card may be revoked at any time by the Office of the Supervisor without cause. 6. The employee must present his/her identification when requested by anyone. 7. Card holders must surrender the ID card if so instructed by a town employee acting under the authority of the Town Supervisor's office. 8. ID cards must be returned to their supervisor, or the Office of the Town Supervisor upon termination of employment with the Town of Wappinger. 9. Card holders are not permitted to lend their ID card to others for any purpose 111. Process 1. A Town Supervisor's office member takes a head shot photo image of the employee, and an ID card is processed and presented to the employee. 2. Under no circumstances shall an employee be permitted to wear any type of face covering, including veils, masks, or sunglasses, that covers any part of the face, during the photographing for a Town of Wappinger ID card, provided however, that head coverings will be allowed if dictated by generally acknowledged religious traditions, customs, or beliefs, and if said coverings do not obscure the face. If requested, privacy will be provided during the photographing process. 3. All contents of the ID card (including design, magnetic stripe, contactless chip, information, photographs, and graphic elements) are subject to the control of the Town Supervisor's office. Information on the ID card may not be reproduced, transmitted, stored, republished, re -written, or distributed in any form without the written consent of the Town Supervisor's office. Furthermore, the information encoded on the magnetic stripe and/or contactless chip may not be deconstructed or reverse -engineered and its elements may not be used for any purpose without the prior written consent of the Town Supervisor's office. a. Any transfer, alteration, falsification, or forgery of an ID card constitutes a violation of this policy and may result in disciplinary action by the Office of the Town Supervisor or Town Board. b. In addition, fraudulent or illegal use of the ID Card may result in criminal charges and/or civil proceedings. 4. In order to preserve the integrity of the data encoded onto the card, under no circumstances is it permissible for any person or persons, whether affiliated with the Town of Wappinger or not, to modify or duplicate the data encoded to the card during production. 5. The information contained on an ID card will not be released to persons outside of the Town Government unless required by law—in response to a valid court order or subpoena—or upon the execution of written consent signed by the cardholder. Exceptions to this rule include use of the information contained on or in the card to assist in the personal protection of any person or to comply with federal, state, or local laws. 6. The Town of Wappinger is not responsible for any loss or expense resulting from the loss, theft, or misuse of your ID card. IV. Replacing a Missing or Dammed ID Card 1. If your ID card is lost, stolen or damaged (including, but not limited to, bent, or scratched, torn), the Town Supervisor's Office should be notified immediately either in person or by calling 845-297-2744. a. ID cards that need to be replaced due to legal (marriage, etc.) or preferred name changes or change in civil service title will be replaced at no cost with the return of the old card. 2. If the most recently issued ID card becomes unusable due to normal wear and tear, it will be replaced at no charge. If for any other reason an ID card needs to be replaced, there is a $20.00 ID card replacement fee. 3. A full replacement fee applies for cards that have been lost or unnecessarily damaged, other by normal wear and age. The replacement fee must be paid before a final paycheck will be released. This fee cannot be payroll deducted. 4. A Town Supervisor's Office staff member will dispose of any invalid ID cards, employee's are not allowed to keep old, worn or unusable identification cards. V. Care 1. It is prohibited to place stickers, pins, or other items to the card. 2. To extend the life of your card, please handle it carefully. 3. Do not use it as a tool (i.e., do not scrape ice from your windshield with it). 4. Store your card in a protective sleeve or wallet. 5. Do not store your card with keys or other items that could scratch or bend the card. 6. Do not place your ID Card on any magnets or near the speaker portion of any electronic device STENGER ROBERTS DAVIS I, LLP 1130 Route 9 Wappingers Palls, New York 12.090 July 30, 2018 (845) 298-2000 Town Board FAX (845) 298-2842 Town of Wappinger www.srddlaw.com 20 Middlebush Road e-mail: info@srddlaw.com Wappingers palls, New York 12590 Attn: lion. Richard L Thurston, Supervisor Kenneth M. Stenger Re: Advance Auto Parts v. Town of Wappinger Albert P. Roberts, Dear Supervisor Thurston & 'Town Board Members: Partner Emeritus p Thomas R. Davis Please be advised that the above referenced proceeding is a tax certiorari Stephen E. Diamond" matter for the assessment years 2017 and 2018..This proceeding involves a parcel located at 803 Old Route 9N in the Village of Wappingers Falls, which consists of commercial retail space. The property is owned by ,roan F. Garrett** Wappingerwood, LLC, but the proceeding was commenced by the sole ,James P. Horan*** tenant, Advance Auto Parts. The original assessment for the parcel was $1,280,000 and we have agreed to reduce the total assessment to $1,110,000 Ian C. Lindars for 2017 only. 2018 will retain its current assessed value of $1,280,000. At Darren H. Fairlie the current equalization rate of 100%, the settlement reflects fair market value. Lorraine M. McGrane Enclosed is a resolution for your consideration. The Assessor will provide OF COUNSEL you with his recommendation and refund analysis for your review and Scott L. Volkman consideration. In addition, the refund will be payable without interest if paid Karen MacNish within 60 days after service of the copy of the executed order and demand for Jessica J. Glass refund. The Town's refunds are processed by the Dutchess County Meghan Mossey Commissioner of Finance. I would appreciate your concurrence on this Jessica Z. Segal matter at the next available Town Board meeting. If you have any questions -- in the meantime, please do not hesitate to contact me. PARALEGALS Jennifer Arno Yours Very truly, Sandra A, Oakley Christine M. Schnittert STEN , RSB T; D I & DIAMOND, LLP Amanda V"ermilyea Jovanna Rlccio-Barnard " .'SCOT L. V L MAN CLOSING COORDINATOR SLV/sao Maria L. Jones Enclosure cc: Christian Harkins, Assessor Joseph P., Paoloni, Town Clerk ` ALSO ADMfrTED IN. FL& MA .",ALSO ADMITTED IN C1 Daniel Petigrow, Esq. ..'. ALSO ADMITTED IN NJ Joseph McGowan, Esq. TOWN BOARD RESOLUTION RE: RESOLUTION AUTHORIZING THE SETTLEMENT OF THE TAX CERTIORARI PROCEEDING REGARDING ADVANCE AUTO PARTS WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2017 and 2018 by Advance Auto Parts regarding real property located at 803 Old Route 9 N, Grid # 6158-19-562094, and owned by Wappingerwood, LLC, seeking a reduction in the 2017 and 2018 tax assessments for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of this tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2017 and 2018, as it pertains to: Grid # 6158-19-562094 Year Original Total Assessment Revised Total Assessment Reduction 2017 $1,280,000 $1,110,000 $170,000 2018 $1,280,000 $1,280,000 1 1 $0 ; and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to, effectuate the terms of this Resolution. looloo rt, T T coo 0 N N 00 O N o0 Cb 0T =3 N L O 1 C MO C W C Q N � �a) c °) 0 t a 0 0 Co Co V r r N oc Lo Co o1'- ()0 00 '- ()000 J r T r N N 19 4 N (D Cl ti V 0 LL � a O C L n L �o LL 0 c v �¢ m J 4i r CD Eo m (.0 Z o Co a Packet Pg. 82 t. ZONING ADMINISTRATOR Barbara Roberti - Ext. 128 PLANNING BOARD & ZONING BOARD OF APPEALS SECRETARY Bea Ogunti - Ext 122 anrg dog-o�- 6.,5.8 W111VIAM11" 11"11 Wriff "Ilk ZONING DEPARTMENT 20 MIDDLEBUS.H ROAD WAPPINGERS FALLS, NY 12590 (845)297-1373 Fax (845) 297-0579 www.tow-nofwappinger.us To: Joseph Paoloni, Town Clerk From: Barbara Roberti, Zoning Administrator Re: Schedule of Performance & Maint ace Bonds for the month of August 2018 July 24, 2018 `' PERFORMANCE BONDS SUPERVISOR Dr. Richard L. Thurston TOWN BOARD William H. Beale Angela Bettina Robert Johnston Michael Kuzmicz SUBDIVISION (Sub.) SECURED SITE PLANS (SP) BY AMOUNT CALL EXPIRES STATUS All Angels Hgts, Subdivision Cash Deposit $104,427.60 No expiration date -accepted by TB 10-17116 Hilltop Village -Toil Land V Surety Bond $462,457.00 No expiration date -reduction #39B SBGG1368 accepted by TB 9129115 Hilltop Village -Toll Land V Surety Bond $257,330.00 No expiration date -reduction ( Sidewalks, Street Trees & Lighting) #SU1133194 accepted by TB 10-11-16 Maloney Heights Subdivision Bond $384,000.00 9110118 11/19/18 -accepted by TB (Attalah & Joseph Nesheiwat) #775180S 2/25//008 mo n�{n XLF-0� JUL 2 b 2018 TOWN OF WAPPINGER TOWN CLERK I racket Pg. 83 Ridizes Subdivision Letter of Credit $104,464.80 511119 6130119 -Reduction accepted by the TB 6126117_ MAINTENANCE BONDS Packet Pg. 8 SITE PLAN RESTORATION BONDS Calvary Chapel„of the H.V. Cash Deposit --_ $ 41,600.00 ****** -Accepted by TB on February 24, 2014. � Released upon Resolution Approval w/ signed maps $ Dunkin Donuts Cash Deposit $17,500.00 * * * * * * * -Accepted by TB on April 11, 2016 v To be returned.40 40 N Furnia Subdivision Cash Deposit $7,500.00******** -Accepted by TB on CO N March 12, 2018 w Released upon w • Resolution Approval w/ signed maps 40 0 e Osborne Square Cash Deposit $2,000.04* * * * * * * -Accepted by TB on CO N April 11, 2016 Released upon Completion of v Dumpsters Q Prestize Mini Cash Deposit $4,640.00 * * * * * * * -Accepted by TB on March 24, 2414. Released upon Resolution Approval w/ signed maps Cc: Planning Board Robert Gray Town Board Vincent Bettina Albert P. Roberts, Esq. File Packet Pg. 8 JUNE 2018 X019 iog lob hAn AITLJIV DCAI TV -r AV DCDl'%DT E I F I G H G�MC�C�OdCED AUG 02 2018 TOWN OF WAPPINGER TOWN CLERK A B C C 1 2 3 RECEIVER OF TAXES $ 257,267.07 $ 337,605.48 4 Beginning Balance June Receipts Interest 5 6 $ 56.63 7 Misc. Disbursements 8 $ (39.95) 9 10 Returned Checks Misc. $ (2,656.22) $ 592,233,01 11 Ending Balance _ 12 $ 497,718.98 13 Pending 14 15 16 17 18 19 E I F I G H G�MC�C�OdCED AUG 02 2018 TOWN OF WAPPINGER TOWN CLERK JUNE 2018 TOWN/COUNTY TAX MONTHLY TAX RECEIPTS LE 0 0 cV e co r 0 cV e W to 0 e co 0 e co r 0 cV Q E t v A B C D E F G H I 1 2 DATE AMOUNT BATCH # TAX PENALTY MEMO OVR/DUP NOTICE 3 4 RECEIVED $ 69,848.69 $ 89,517.29 87 88 $ 68,447.35 $ 87,580.59 $ 1,399.34 $ 1,921.20 FEE PAYMENT FEE $ 2.00 $ 10.00 INTEREST $ 5.00 $ 0.50 5 6/1/2018 6 6/5/2018 7 6/11/2018 $ 1,348.77 89 $ 1,267.54 $ 39.99 8 6/12/2018 $ 52,604.65 90 $ 50,547.68 $ 2,022.97 $ 34.00 9 6/13/2018 6/19/2018 $ 12,876.19 $ 26,805.15 $ 11,345.82 91 92 93 $ 12,409.04 $ 25,754.98 $ 10,902.70 $ 461.15 $ 1,030.17 $ 436.12 $ 6.00 $ 20,00 $ 2.00 10 $ 5.00 11 6/21/2018 12 6/27/2018 $ 73,258.92 94 $ 70,423.94 $ 2,816.98 $ 18.00 13 6/30/2018 $ 56,63 _ $ 56.63 14 TOTALS $ 337,662,11 $ 327,333,82 $ 10,127.92 $ 10.00 $ 41.74 $ 92.00 $ 56.63 LE 0 0 cV e co r 0 cV e W to 0 e co 0 e co r 0 cV Q E t v JUNE 2018 MONTHLY REALTY TAX DISBURSEMENTS t. A B C D E F G H 1 _ ._ 2 3 DATE -- -- --- - 6/11/2018 6/11/2018 6/27/2018 AMOUNT _... _._..._...._.....__ __.... DISBURSED $ 9.09 $ 32.15 $ 497,677.74 DCCF ------- --- --- -- ...._-- - bill no.5174 bill no. 5873 $ 4970677.74 SUPER- _.. --- VISORPAYMENT OVR/DUP CHECK #W — ---- -- 4 5 $ 9.09 $ 32.15 1770 6 1771 7 8 1772 9 TOTAL $ 497,718.98 $ 497,677.74 $ 41.24 t. JULY 2018 MONTHLY REALTY TAX REPORT A B C D E F G 1 2 RECEIVER OF TAXES 3 4 BEGINNING BALANCE $ 592,233,01 7 Misc. 8 Misc. ....... . _.._.. 10 Less Disbursements/Adjustments 11 Checks Paid $ (497,686.83) 12 Returned Checks 13 Misc 14 Misc. 15 16 ENDING BALANCE $ 266,765.54 17 18 Submitted by: 19 20 21 Lee Anne Freno, Receiver of Taxes G3IECOdED AUG 0'2 2018 TOWN OF WAPPINGER TOWN CLERK 5 Receipts_ $ 172,190 77 6 Interest _ $ 28.59 7 Misc. 8 Misc. ....... . _.._.. 10 Less Disbursements/Adjustments 11 Checks Paid $ (497,686.83) 12 Returned Checks 13 Misc 14 Misc. 15 16 ENDING BALANCE $ 266,765.54 17 18 Submitted by: 19 20 21 Lee Anne Freno, Receiver of Taxes G3IECOdED AUG 0'2 2018 TOWN OF WAPPINGER TOWN CLERK JULY 2018 REALTY TAX RECEIPTS Al 0 0 cV e co r 0 cV e N W w to 0 e co 0 e co r 0 cV Q E t V 2 A B C D E F G H I J I K 1 2 3 DATE 7/2/2_018 7/3/2018 AMOUNT RECEIVED $ 26,909.96 $ 52,304.04 $ 9,680.82 BATCH NO. 95 96 97 TAX PENALTY MEMO NOTICE OVR/DUP INTEREST RETURNED CHECK FEE FEE FEE PAYMENT 4 $ 25,853.79 $ 1,034.17 $ 10.00 $ 12.00 5 $ 50,282.80 $ 2,011.24 $ 10.00 6 7/10/2018 $ 9,297.90 $ 57,143.53 $ 22,925.66 $ 371.92 $ 5.00 7 7/15/2018 $ 59,437.28 98 $ 2,285.75 $ 917.01 $ 8.00 8 7/24/2018 $ 23,858.67 99 $ 15.00 $ 16.00 $ 46.00 9 7/31/2018 $ 28.59 $ 28.59 $ 28.59 10 TOTALS $ 172,219.36 $ 165,503.68 $ 6,620,09 Al 0 0 cV e co r 0 cV e N W w to 0 e co 0 e co r 0 cV Q E t V 2 J U LY 2018 REALTYTAX DISBURSEMENTS 0 0 cV e 0 r 0 cV e 0) w w 0 0 e 0 0 e 0 0 cV Q E V 2 t A B C D E F G H 1 2 DATE AMOUNT DCCF SUPERVISOR OVR/DUP CHECK NO 3 DISBURSED PAYMENT 0 0 cV e 0 r 0 cV e 0) w w 0 0 e 0 0 e 0 0 cV Q E V 2 t