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2018-10-09Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Tuesday, October 9, 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 Vincent Bettina Town of Wappinger Highway Present 7:30 PM Salute to the Flag Adoption of Agenda 1. Motion To: Adopt The Agenda Amended to include the Community Development Block Grant for the Spookhill Park Phase 1. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz IV. Acknowledge Minutes 1. Motion To: Acknowledge Minutes of September 24, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Acknowledge Minutes of October 1, 2018 Town of Wappinger Page I Printed 10/23/2018 Regular Meeting Minutes October 9, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz V. Public Hearings Resolution Setting Public Hearing On Cable Franchise Renewal Agreement Between The Town Of Wappinger And Cablevision Of Wappingers Falls, Inc RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Close Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Resolution Introducing Local Law No. 9 Of The Year 2018 "Town Of Wappinger Code Of Ethics" RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 4. Motion To: Close Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz VI. Public Portion 1. Motion To: Open Public Portion Town of Wappinger Page 2 Printed 10/23/2018 Regular Meeting Minutes October 9, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz VII. Discussions 1. 2. Paychex - Presenting on HR Services Adrian Melanaise presented to the town and indicated that they provide a dedicated professional nearby in their Fishkill office. They would work with our attorney to get policies in place. Three HR Generalists are housed in Fishkill and assigned to our case. They work with other municipalities but would not disclose them in public, but would provided a list off line because the towns have asked not to disclose in public. Paychecks have been doing this for 35 years. Paychecks will do a payroll and the generalist work for policies for an extra charge. The Payroll portion which already has been approved is ready to go. Nothing was provided to the town clerk for filing in the minutes. Abilities First - Jeffrey Fox Jeffrey Fox from abilities first appeared to explain that his company provides services to seniors and needy individuals. A current program they have in the Town is a special education preschool programs serving 60 children, 3 and 4 years old with developmental delays. They opened a senior day center with developmental disabilities on route 376 near Maloney Road. They offer integrated housing. Director Jessica Fulton will follow up with Mr. Fox on an application at Spookhill Park. VIII. Resolutions RESOLUTION: 2018-230 Resolution Authorizing Refund Of Unused Escrow For Dunkin Donuts Route 9D & Dunkin Donuts Route 9 Site Plans (Accounts 14-3307/16-6052pp & 15-3333) WHEREAS, on or about May 12, 2014 under Application Number 14-3307/16- 6052PP and July 23, 2015 under Application Number 15-3333, Chen Properties Group, LLC (hereinafter the "Applicant") filed applications for Site Plan Approvals; and WHEREAS, total escrow deposits in the amount of Nineteen Thousand Eight Hundred Town of Wappinger Page 3 Printed 10/23/2018 Regular Meeting Minutes October 9, 2018 Nine 00/100 Dollars ($19,809.00) were received from the Applicant for payment of the fees of the Town's professionals to review the applications; and WHEREAS, all professional fees incurred during the review of the applications have been paid and there remains a balance of One Thousand Two Hundred Fifty -Six 00/100 Dollars ($1,256.00) in escrow account numbers 14-3307/16-6052PP and 15-3333 and Applicant has requested a refund and the Town Accountant has audited the escrow account and reviewed the amount due. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to Chen Properties Group, LLC in the amount of One Thousand Two Hundred Fifty -Six 00/100 Dollars ($1,256.00) from escrow account numbers 14-3307/16-6052PP and 15-3333, representing the unused escrow balance for the above projects. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2018-230 Yes/Aye.. No/Nay.. Abstain.. Absent.. D Adopted El Adopted as Amended Richard Thurston Voter 0 El❑ ❑ ❑DefeatedWilliam H. Beale Voter, 0.... ❑ ❑ ❑ ❑ Tabled fteiaBettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert 7ohnston Seconder .Mover ............. D .................. ❑ ................... ❑ ................. ❑ Michaefi a cz D ❑ ❑ ❑....... Dated: Wappingers Falls, New York October 09, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-231 Resolution Authorizing The Town Of Wappinger To Renew A Cable Franchise Agreement With Cablevision Of Wappingers Falls, Inc., To Operate A Cable System In The Town Of Wappinger WHEREAS, the Town of Wappinger (the "Town") is a "franchising authority" in accordance with Title VI of the Communications Act of 1934, (the "Communications Act"), and is authorized to grant one or more nonexclusive cable television franchises pursuant to Article 11 of the New York Public Service Law, as amended, and Title 16, Chapter VIII, Parts 890.60 through 899, of the Official Compilation of Codes, Rules and Regulations of the State of New York, as amended (collectively the "Cable Laws"); WHEREAS, the Town, executed a franchise agreement with Cablevision of Wappingers Falls, Inc. (the "Franchisee") on April 30, 2007, which was thereafter confirmed and made effective by the New York State Public Service Commission ("Commission") on October 22, 2007 for a term of ten (10) years (Case No. 03-V-1133), and WHEREAS, said franchise agreement expired on October 22, 2017; and WHEREAS, Franchisee has submitted a proposed franchise renewal agreement (the "Franchise Renewal Agreement") to continue operating its system within the Town; and Town of Wappinger Page 4 Printed 10/23/2018 Regular Meeting Minutes October 9, 2018 WHEREAS, The Town and Franchisee have mutually agreed to the terms of said Franchise Renewal Agreement; and WHEREAS, the Town has determined that the Franchisee is and has been in substantial compliance with all terms/provisions of its existing franchises and applicable law; and WHEREAS, on October 9, 2018 at a regularly scheduled Town Board meeting, the Town held a public hearing on the Cablevision Application and the Franchise Agreement at which Cablevision made a presentation to the Town Board in favor of the Franchise Agreement, and members of the Town Board and the public were given notice and opportunity to comment on the presentation and ask questions; and WHEREAS, the Town Board has identified the cable related needs and interests of the residents of the Town of Wappinger and has exercised due diligence in considering the technical ability, financial conditions, character and legal qualifications of Verizon to meet such needs and interests. NOW, THEREFORE, BE IT RESOLVED, as follows: I. The Town Board finds that Cablevision of Wappingers Falls, Inc. is legally (pursuant to NY Public Service Commission Rules and other statutory requirements), technically, financially and otherwise qualified to meet the cable -related needs and interests of the Town of Wappinger and that the Franchisee will meet all statutory and regulatory non- discrimination requirements. 2. The Town Board finds that the cable service offered by the Franchisee will include competitive offerings with its existing competition. 3. The Town Board determines that it serves the public interest to award Cablevision of Wappingers Falls, Inc. a franchise to own, construct, operate and maintain a cable system along the public rights-of-way within the Town in order to provide cable service. 4. The Town Board authorizes the award of a non-exclusive franchise to the Franchisee to own, construct, operate and maintain a cable system along the public rights-of-way within the Town, in order to provide cable service, which authorization is made in accordance with the applicable provisions of Title VI of the Communications Act and the Cable Laws. The Town Board of the Town of Wappinger hereby authorizes the Supervisor to execute the annexed Franchise Agreement and to execute any other documents necessary to effectuate the granting of the franchise to Cablevision of Wappingers Falls, Inc. on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-231 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale ... Seconder .................... D ....... ..... ❑ ....... ..... ❑ ...... .... ❑ ...... . ❑ Tabled AngelaBettina ....................... IIII Voter ..IeIr' ............. D ❑ ❑ .,........ ❑ ....... . ❑ Withdrawn Robert Johnston ...................... Voter 0 .... ❑ 0 CbaefKuzmicz Mover Z E 0 E Dated: Wappingers Falls, New York October 09, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-232 Town of Wappinger Page 5 Printed 10/23/2018 Regular Meeting Minutes October 9, 2018 Resolution Authorizing Budget Transfer For Highway Department Utilities WHEREAS, the Highway Superintendent, Vincent F. Bettina, has advised the Town Board that the funds appropriated for the utilities for the Highway Department Facility in the 2018 A Fund Budget are nearing depletion; and WHEREAS, the Town Board has reviewed the request and has determined that adjustment to the budget is appropriate; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby authorizes the following budget line transfer: Amount From Line To Line $8,500 A0915 Assigned Unappropriated Fund Balance A5132.400 Bldgs. and Utilities Fund The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-232 Yes/Aye Abstain Absent El Adopted ......No/Nay .. 0 Adopted as Amended Richard ThurstonVoter 0 El ElElDefeated William H. Beale ................... Voter ....,....... ..... D ......,...... ....... ❑ ..... ❑ .... ....... ..... ❑..... ....... .. ❑ Tabled ftelaBettina Voter D ❑ ❑ ❑ ❑ Withdrawn RobertJohnston ....................... Seconder ............... D ................... ❑ ❑ .................. ❑ Michael ki zm ( z Mover D ❑.................... ❑ ❑....... Dated: Wappingers Falls, New York October 09, 2018 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2018-233 Authorizing Second Amendment To The Agreement For Expenditure Pursuant To Highway Law § 284 WHEREAS, by the adoption of Resolution 2018-7 on January 8, 2018, the Town Board authorized the execution of the AGREEMENT FOR THE EXPENDITURES OF HIGHWAY MONEYS between the Town Board and the Superintendent of Town Highways pursuant to Section 284 of the Highway Law ("284 Agreement") for 2018; and WHEREAS, on July 23, 2018, the Town Board adopted Resolution 2018-183 which amended the original 284 Agreement; and WHEREAS, the Town Board and the Superintendent of Town Highways have agreed that 7.38 miles of highways should be resurfaced in 2018; and WHEREAS, the Superintendent of Town Highways has advised that due to a water main break, Valley Road, (.44 miles long) needs repaving; and WHEREAS, Valley Road was scheduled to be repaved in 2019 and it is a cul-de-sac off of Hi View Road, a road that is being resurfaced under the 2018 X284 Agreement; and WHEREAS, the Superintendent of Town Highways has advised it would be more cost effective to resurface Valley Road in 2018 and reschedule repaving of Woodland Court is (.43 miles Town of Wappinger Page 6 Printed 10/23/2018 Regular Meeting Minutes October 9, 2018 long) to 2019; and WHEREAS, the substitution of Valley Road for Woodland Court will not have a financial effect; NOW, THEREFORE BE IT RESOLVED, that the Town Highway Superintendent and the Town Board agree that the monies levied and collected in the Town for repair and improvement of highways, and received from New York State for State Aid for the repair and improvement of Highways shall be expended in accordance with the annexed AMENDED AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS; and BE IT FURTHER RESOLVED, that the Supervisor and the Town Board are hereby authorized and directed to execute the attached AMENDED AGREEMENT FOR THE EXPENDITURES OF HIGHWAY MONEYS in duplicate and file said agreement with the Town Clerk; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to forward one executed Agreement to the Dutchess County Commissioner of Public Works in his capacity as County Superintendent of Highways. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2018-233 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 ................... ❑ ❑ .................. ❑ Michael ki zm ( z Mover D ❑.................... ❑ ❑....... Dated: Wappingers Falls, New York October 09, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-234 Resolution Authorizing Additional Street Lighting - Hughsonville Street Lighting District WHEREAS, with additional subdivisions and neighborhoods located along the Ketchamtown Road corridor, there is a need for additional street lighting at intersections to improve visibility and ensure public safety; WHEREAS, Central Hudson Gas & Electric Corporation has recommended installation of the following fixtures at the following intersections, with the following adjusted amount: 1. LED SIZE 6800 KETCHAMTOWN ROAD & ALFREDA DRIVE $12.77 2. LED SIZE 6800 KETCHAMTOWN ROAD & ERIN SUE DRIVE $12.77 WHEREAS, the total adjusted amount will be charged to the Hughsonville Street Lighting District - 7411.1760.00; NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby authorizes the above changes to the Street Light Service effective upon installation and operation. Town of Wappinger Page 7 Printed 10/23/2018 Regular Meeting Minutes October 9, 2018 The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2018-234 Yes/Aye No/Nay Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ DefeatedWilliam H.Beale................. ...Mover...,....... ............ D ......,...... ❑ ❑ ......,..... ❑..... ❑ Tabled Angela Bettina Seconder D ❑ ❑ ❑ ❑ Withdrawn RobertJohnston Voter ..............D........,........❑........,........❑........,.......❑..... D ❑ ❑ ❑ MichaelKuzmicz Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-235 Resolution Authorizing Additional Street Lighting General Town Charge WHEREAS, there is a need for additional street lighting at intersections to improve visibility and ensure public safety; WHEREAS, Central Hudson Gas & Electric Corporation has recommended installation of the following fixtures at the following intersections, with the following adjusted amount: 1. LED SIZE 6800 OSBORNE HILL RD. & TUSCANY DR. 2. LED SIZE 16500 ROUTE 9 & OLD HOPEWELL RD. $12.77 $19.43 WHEREAS, the total adjusted amount will be charged to the Town of Wappinger - General Street Lighting Fund - 7411.1700.00 NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby authorizes the above changes to the Street Light Service effective upon installation and operation. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2018-235 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston Voter 0 ❑ ❑ El ❑Defeated William H. Beale .... ai Mover D ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter 0 ❑ ❑ ElElWithdrawn Robert Johnston ..................... Voter ... ,....... D .... ❑ ......,...... ❑ .... ❑ ... Michael KuzmicZ' Seconder D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-236 Town of Wappinger Page 8 Printed 10/23/2018 Regular Meeting Minutes October 9, 2018 Resolution Authorizing The Execution Of Lease Agreement With NYCOMCO For Radio Equipment For Town Officials WHEREAS, redundant communication systems are vital during times of disaster and major emergencies; WHEREAS, cellular phone and landline communication failed for a significant time period during a major storm which incurred significant impacts upon the Town of Wappinger on May 15, 2018; WHEREAS, the Town of Wappinger Highway Department leases radio equipment from New York Communications Co., Inc. (NYCOMCO) to facilitate efficient communication between Highway Department personnel and various Town administrative agencies to promptly address issues relating to the maintenance and safety of Town roadways and the traveling public, and local emergencies as they may arise; and WHEREAS, the Supervisor of the Town, and his or her successors must have communication with other executive level town officials, including the Highway Superintendent and his or her successors, during times of disaster and major emergencies; and WHEREAS, additional radios for the Supervisor and other Town Officials is appropriate for communication in the case of emergency; and WHEREAS, Councilman Beale is experienced in emergency communications and has obtained a lease proposal from NYCOMCO for four (4) additional radios which contain an Emergency Operations channel that is interoperable with all existing Highway Department radios; NOW, THEREFORE, BE IT RESOLVED, 1. The Town Board hereby determines that there is need for the lease of equipment for a radio communication system as set forth in the attached proposal, at a lease rate of $156 per month for four radios for the balance of its existing lease with NYCOMCO; 2. The Town Board determines that the lease terms and conditions set forth in the Lease Agreement are acceptable and consistent with the needs of the Town of Wappinger and otherwise complies with the Procurement Policy of the Town of Wappinger. 3. The Town Board hereby accepts the terms and conditions as set forth in the Lease Agreement and hereby authorizes the Supervisor to execute the Lease Agreement in substantially the same form as annexed hereto. The Town Board directs that the amounts identified in the Lease Agreement approved herein shall be appropriated through the A Fund Town Board Contingency budget line. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-236 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston ................ Voter D ❑ ❑ ❑ El Defeated H. Beale Mover 0 El ❑ El Tabled AnWilliam ielaBettina Voter D ❑ ❑ ❑ ❑ Withdrawn Robert Johnston Seconder 0 ❑ ❑ ❑ Michael Kuzmicz Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-237 Town of Wappinger Page 9 Printed 10/23/2018 Regular Meeting Minutes October 9, 2018 Resolution Authorizing Collective Bargaining Agreement With Teamsters For Period January 1, 2018 To December 31, 2019 WHEREAS, the Town of Wappinger ("the Town") and the Teamsters Local 445, ("the Union") are parties to a collective bargaining agreement covering the period January 1, 2014 to December 31, 2017; and WHEREAS, the negotiating committees for the Town and the Union have agreed upon the terms of a Successor Collective Bargaining Agreement, dated October 9th, 2018, which sets forth the terms of employment for the collective bargaining unit for the period from January 1, 2018 through December 31, 2019 and WHEREAS, that Agreement provides that it is subject to ratification by the Town Board and the Union's membership; and WHEREAS, the Union has advised the Town that its membership has voted and has approved the Agreement; and WHEREAS, the members of the negotiating committee for the Town have recommended unanimously that the proposed successor Collective Bargaining Agreement be ratified by the Town Board; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Collective Bargaining Agreement between the Town and the Union dated October 9th, 2018, is hereby ratified and approved; 2. The Town Supervisor is authorized to execute a Collective Bargaining Agreement for the period from January 1, 2018 through December 31, 2019 that is in the from attached hereto; 3. The Town Board approves the funding for such Agreement and directs that compensation be increased in accordance with the collective bargaining agreement commencing with the next pay period which begins on October 15, 2018; The Town Board hereby directs the Town Comptroller or his designee to calculate the increases in pay that are due retroactively to January 1, 2018 in accordance with the Collective Bargaining Agreement and provide a Report to the Town Board of the amounts due so that it may make the necessary appropriations for their payment. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2018-237 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter D ❑ ❑ ❑ ❑ Defeated William H. Beale....................Seconde,.........D ..... ❑ ................ ❑................ ❑..... 0 Tabled fteia4ena.... voter... 0 0 0 0 ❑ Withdrawn Robert Johnston .................... Voter... .......... .......D...... ❑ ..... ❑...... ❑..... Next: 10/15/18 7:30 PM .. Michael Kuzmicz Mover 0 ❑ 0 ........... 0 Dated: Wappingers Falls, New York October 09, 2018 The Resolution is hereby duly declared Tabled. RESOLUTION: 2018-238 Town of Wappinger Page 10 Printed 10/23/2018 Regular Meeting Minutes October 9, 2018 Resolution Adopting Town Of Wappinger Sexual Harassment Prevention Policy WHEREAS, the Town of Wappinger is committed to maintaining a workplace free from sexual harassment, which is a form of workplace discrimination; and WHEREAS, State and Federal Law requires all employees to work in a manner that prevents sexual harassment in the workplace; and WHEREAS, the State of New York recently enacted Labor Law § 201-g which requires all employers to adopt the State's Model Sexual Harassment Policy or a more protective one and provide written copies to all its employees; and WHEREAS, the Town Board has reviewed the New York State Model Sexual Harassment Policy and has determined that it is appropriate to adopt it for the Town of Wappinger as required by statute; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Town Board hereby adopts the Town of Wappinger Sexual Harassment Policy effective October 9, 2018 which is annexed hereto and shall be made a part of the minutes of this Meeting. 2. The Town Board hereby adopts the Complaint Form for Reporting Sexual Harassment which is annexed hereto and shall be made a part of the minutes of this Meeting. 3. The Town Clerk is directed to file a certified copy of this resolution together with the annexed Town of Wappinger Sexual Harassment Policy and the Complaint Form for Reporting Sexual Harassment. 4. The Town Board directs that every employee of the Town shall be provided with a copy of the Town of Wappinger Sexual Harassment Policy and the Complaint Form for Reporting Sexual Harassment and they shall sign a form that they have received and reviewed a copy of said policy. Any prior Sexual Harassment Policies that have been adopted by the Town are hereby repealed. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-238 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 October 09, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-239 Resolution Adopting Local Law No. 9 Of The Year 2018 WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law No. 9 of the Year 2018, entitled "Town of Wappinger Code of Ethics" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and Town of Wappinger Page 11 Printed 10/23/2018 Regular Meeting Minutes October 9, 2018 the Poughkeepsie Journal, the official newspapers of the Town; and WHEREAS, a Public Hearing was held on October 9, 2018, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board determined that the proposed Local Law is a Type II action and the adoption of this Local Law is otherwise exempt from environmental review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED: 1 The Town Board of the Town of Wappinger hereby adopts the Local Law 9 of the Year 2018 entitled, "Town of Wappinger Code of Ethics", a copy of which is attached hereto and made a part of this Resolution. 2. The Town Clerk is directed to enter said Local Law and the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-239 D Adopted El Adopted as Amended Yes/Aye No/Nay Abstain Absent Yes/Aye Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale ................... Voter ....,....... .................... D ......,...... ❑ ..... ❑ .... ....... ..... ❑..... ....... .. ❑ Tabled Angela Bettina .................... Voter ... ,....... D ......,...... ❑ ..... ,....... ❑ ..... . .... ❑ .... ❑ Withdrawn RobertJohnston ....................... Seconder ............... D ................... ❑ ❑ .................. ❑ Michael ki zm ( z Mover D ❑.................... ❑ ❑....... Dated: Wappingers Falls, New York October 09, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-240 Resolution Appointing Chairman Of Board Of Ethics WHEREAS, the Town Board enacted a Local Law creating a new Town of Wappinger Code of Ethics; and WHEREAS, the Code of Ethics authorizes the Town Board to appoint members to the Board of Ethics as well as designate its Chairman; and NOW, THEREFORE, BE IT RESOLVED THAT: The Town Board hereby appoints Councilman Michael Kuzmicz to serve as the Chairman and Member of the Town of Wappinger Board of Ethics to a term ending on December 31, 2019. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-240 D Adopted El Adopted as Amended Yes/Aye No/Nay Abstain Absent Town of Wappinger Page 12 Printed 10/23/2018 Regular Meeting Minutes October 9, 2018 ❑ Defeated Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Tabled William H. Beale Mover D ❑ ❑ ❑ ElWithdrawn ............................................................................................................................... Angela Bettina Voter 0 El Vincent Bettina ElRobert 9/28!2018 riveritory of Hi hway E ui merit Johnston .................... ... Seconder.........0....... Town Board . ...... ❑................. .............. ..... 101912018 z...❑ MichaelKuzmic.................... Voter.... ....... D...... ...... ❑.................. ❑ ................... ..... Dated: Wappingers Falls, New York October 09, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-241 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-241 Correspondence Lag - 20,18-10-09 Plumber To From Date Date Ree` Re: Agenda Date 10-09-881 Town Board New Hackensack Fire District 812912018 912412018 Summary of Budget 2019 101912018 10-09-002 Town Board Vincent Bettina 912812018 9/28!2018 riveritory of Hi hway E ui merit 10!912018 10-09-003 Town Board Hu hsonUille Fire District 912712018 9/27/2018 Public Hearin on Proposed 2019 Budget 101912018 10-09-004 Town Board Vincent Bettina 912812018 912812018 Posting Motor Equipment d erator 101912018 10-09-00' Town Board Carl S. Wolfson 10!1!2018 10!1!2018 Justice Report for the Month of Se ember,2018 101912018 10-09-008 Town Board Heather L. Kitchen 101212018 101212018 Justice Report for the Month of Se ember,2018 101912018 10-09-007 Town Board Robert J. Weber 91412018 101312018 Resi nation Letter 101912018 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 -2018-241 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston Voter 0 ❑ ❑ El lDefeated William H. Beale Mover D ❑ ❑ ❑ ❑ Tabled AnelaBettina Voter 0 ❑ ❑ ❑ ❑ WithdrawnRobert Johnston Mover... ,....... D .... ❑ ............. ❑ .... ❑ ... Micae hl Kuzmicz Seconder D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2018 The Resolution is hereby duly declared Adopted. IX. Budget Discussions The budget discussions covered individual line items going over each increase and decrease that are on record on the town's website under'Town Board Minutes and then under Videos. Town of Wappinger Page 13 Printed 10/23/2018 Regular Meeting Minutes October 9, 2018 ("http://wappingertownny.igm2.com/Citizens/SplitView.aspx?Mode=Video&MeetinglD=1478& Format=Minutes") 1. Recreation, Parks, Senior Center 2. Code Enforcement 3. Buildings and Grounds 4. Highway Department RESOLUTION: 2018-242 Resolution Authorizing A Public Hearing On The Intended Use Of Dutchess County Community Development Block Grant Funds And The Submission Of The Grant Application For Fiscal Year 2018 WHEREAS, the Dutchess County Department of Planning and Development is soliciting applications for the 2018 Community Development Block Grant Program; and WHEREAS, the Town of Wappinger intends to make application for a Community Development Block Grant pursuant to the Dutchess County Department of Planning and Development's Community Development Block Grant Program for fiscal year 2018; and WHEREAS, the Town of Wappinger is required to hold a Public Hearing to discuss the Town's intended use of Community Development Block Grant Funds prior to and in furtherance of making application for said funds. 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 schedules a Public Hearing to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 15th day of October, 2018 at 7:30 P.M. at such time all parties and citizens shall have an opportunity to be heard as to the grant proposal for the Community Development Block Grant Funds being applied for by the Town of Wappinger for fiscal year 2018. 3. The Town Board has determined that pursuant to 6 NYCRR 617.5(c)(21) the proposed adoption of the aforementioned Resolution is a Type II action not requiring environmental review pursuant to the State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 and, accordingly, no environmental review has been undertaken. 4. The Town Clerk is hereby directed to publish and post the Notice of Public Hearing in the form annexed hereto which said publications are to be made in the Poughkeepsie Journal and post same on the Town's website and the sign board maintained by the Town Clerk. Town of Wappinger Page 14 Printed 10/23/2018 Regular Meeting Minutes October 9, 2018 5. The Town Board hereby further authorizes and directs the Attorney to the Town, Jim Horan, and the Engineer to the Town, Robert J. Gray, to assist the Supervisor to prepare and submit the Grant Application for fiscal year 2018. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-242 Yes/Aye No/Nay Abstain Absent D Adopted ElAdopted as Amended Richard Thurston Voter D ❑ ❑ ❑ El Defeated William H. Beale ..................... Voter 0...... ❑ ❑ ❑ ❑ Tabled AnelaBettina Voter 0 ❑ ❑ ❑ ❑ WithdrawnRobert Johnston Seconder 0 ❑ ❑ ❑ Michael Kuzmicz Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 09, 2018 The Resolution is hereby duly declared Adopted. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 11:53 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Town of Wappinger Page 15 Printed 10/23/2018 MOTOR EQUIPMENT OPERATOR DISTINGUISHING FEATURES OF THE CLASS: Employees in this class perform routine manual duties in connection with the operation of motor equipment of up to moderate complexity. Specific directions are received from a superior, but employees are responsible for the safe and economical operation of their equipment on assigned tasks. TYPICAL WORK ACTIVITIES: The following is indicative of the level and types of activities performed by incumbents in this title. It is not meant to be all inclusive and does not preclude a supervisor from assigning activities not listed which could reasonably be expected to be performed by an employee in this title. 1. Operates a truck in connection with the removal of snow, debris and refuse and the transportation of stone, sand, asphalt and other materials and supplies; 2. Drives workers to and from jobs; 3. Operates a snow plow, sander, water wagon, fuel service trucks, sweepers and utility vehicles; 4. May operate an air compressor in the breaking of pavements, and a chain saw in clearing brush and trimming trees; 5. Performs manual labor such as loading trucks, digging ditches, cleaning and repairing basins, repairing roadways, and erecting signs and fences; 6. Maintains vehicles assigned in a clean condition, including running lights; 7. Assists supervisor as requested; 8. Prepares all activities and other reports required by the supervisor; 9. May perform routine building and grounds maintenance; 10. May infrequently operate other types of equipment. FULL PERFORMANCE KNOWLEDGE, SKILLS, AND ABILITIES: Knowledge of the operation of trucks and other automotive equipment needed in order to operate the equipment safely and effectively; Ability to perform all duties in a safe and appropriate manner, in compliance with OSHA, DOL, DMV, and departmental regulations; Ability to understand and follow simple oral and written directions; Personal characteristics necessary to perform the duties of the position; Physical conditions commensurate with the demands of the position. MINIMUM QUALIFICATIONS: None are required. SPECIAL REQUIREMENTS: Candidates must possess a valid New York State Class B Commercial Driver's license at time of appointment and to maintain position. An appointing authority may require that this license contain a CDL endorsement for tanker vehicles and contain no restrictions other than those relating to personal physical conditions. Such restrictions will be reviewed on a case by case basis for compatibility with job duties and will not be an automatic bar to employment. TR4412 = d ADOPTED: 05/15/75 REVISED: 01/01/78 09/10/79 07/07/92 E 01/25/94 05/24/96 07/10/01 survey 05/24/06 v SECOND AMENDED AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS AGREEMENT between the Town Superintendent of the Town of Wappinger, Dutchess County, New York, and the undersigned members of the Town Board. Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows: GENERAL REPAIRS. The sum of $1,132,704.00 shall be set aside to be expended for primary work and general repairs upon 100 miles of town highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or renewals thereof. 2. PERMANENT IMPROVEMENTS. The following sums shall be set aside to be expended for the permanent improvement of Town highways: SEE LIST OF TOWN HIGHWAYS ON ATTACHED SCHEDULE On the Roads listed on the attached schedule for a distance of 7.38 miles, there shall be expended not over the sum of $1,835,702.45. The paving on the roads shall be: Type 6 Width of traveled surface Varies Thickness 2.5 Subbase Milled as required. Executed in duplicate this 23rd day of July 2018 Supervisor Councilman Councilman County Superintendent of Highways Councilman Councilman Town Superintendent of Highways Note: This agreement should be signed in duplicate by a majority of the members of the Town Board and by the Town Superintendent. Both copies must be approved by the County Superintendent. One copy must be filed in the Town Clerk's office and one in the County Superintendent's office. COPIES DO NOT HAVE TO BE FILED IN ALBANY. SCHEDULE OF ROADS TO BE PAVED IN 2018 Road Name Miles Est. Cost Status BOXWOOD CLOSE 0.15 $ 51,687.45 DANA PLACE 0.10 $ 27,931.20 DOROTHY HEIGHTS 0.42 $ 81,685.45 COMPLETED FLINTROCK ROAD 0.33 $ 106,679.05 HEATHER COURT 0.08 $ 25,448.90 HI VIEW ROAD 0.61 $ 178,838.35 KETCHAMTOWN ROAD 1.90 $ 411,083.20 COMPLETED LARMEL COURT 0.06 $ 21,000.55 LOR MAR COURT 0.35 $ 130,223.25 LOSEE ROAD 0.94 $ 210,431.75 MOCASSIN VIEW ROAD 0.22 $ 67,326.25 NANTUCKET DRIVE 0.09 $ 28,897.05 PARK HILL DRIVE 0.70 $ 177,109.65 PINE HILL DRIVE 0.24 $ 46,515.05 COMPLETED PLAZA ROAD 0.21 $ 39,318.55 RIVERVIEW DRIVE 0.32 $ 33,368.70 RUSSETT LANE 0.08 $ 21,000.55 SHADY BROOK LANE 0.15 $ 45,191.40 3NI0 P n TTI GO TU'T 4.44 $ 4;4,966.4-4 VALLEY ROAD 0.44 $131,966.10 TOTALS: 7.39 $ 1,835,702.45 CENTRAL HUDSON GAS & ELECTRIC CORPORATION 25 CENTRAL HUDSON WAY FISHKILL, NY 12524-1136 (845) 452-2700 STREET LIGHTING AUTHORITY ORDER 7WN OF WAPPINGERS ORDER NO.: 20 MIDDLEBUSH ROAD ACCOUNT NO TAPPINGERS FALLS NY 12590-4004 DATE: TO CENTRA -1, HUDSON GAS & ELECTRIC CORPORATION: PAGE 1 H7-02775 7411-1760-00 09/14/18 YOU ARE HEREBY AUTHORIZED TO MAKE CHANGES SPECIFIED BELOW TO THE STREET LIGHTIl SERVICE YOR THE HUGHSONVL LGTG DIST 7411, /-;L60 00 IN ACCORDANCI WITH A RASOLUTION DULY ADOPTED AS PROVIDED BY LAW BY THE (COUNCIL/BOAXI OF TH' OF AT A MEETING HELD ON 20AS FOLL( ACTION: lNSTALL OR TYP L SIZE POLE NO RATE MAP & DATE ADJ REMOVE OF LAMP GRID LOCATION COMPLETE AMT INSTALL !ED 6800 163030 A ALFREDA DR 12.77 7NSTKF,L LED 6800 163025 A ERIN SUE DR 12.77 INST 65W ZEDS @ INTIS W1 KETCHAMTOWN RD ar A. COMPANY OWNED AND MAINTAINED; ANNUAL OR SEASONAL SERVICE B. CU3TOMER OWNED/ COMPANY MAINTAINED C. CU3TOMER OWNED/CUSTOMER MAINTAINED THESE CE&GES ARE SUBJECT TO THE TERMS OF THE EXISTING STREET LIGHTING SERVICE CLASSIFICATIONS. DOES NOT INCLUDE THE COST OF ELECTRICITY. MCSN ICIPAnITY BY 1 20 TITLE W.O�No. 6535A DATE WORK COMPLETED BY CENTRAL HUDSON GAS & ELECTRIC CORPORATION -F 25 CENTRAL HUDSON WAY Lo m c� co c� 0) n I'M FISHKILL, NY 12524-1136 E (845) 452 -2700 Q 0 INST LEI) STREETLIGHTS PER TOWN REQUEST 0 STREET LIGHTING AUTHORITY ORDER PAGE 1 A. COMPANY 014NED AND MAINTAINED; ANNUAL OR SEASONAL SERVICE B. OF WAPPINGERS ORDER NO.: H7-02776 C. ATTIJ TOWN CLERK ACCOUNT NO.: 7411-1700-00 f 20 MIDDLEBUSH ROAD DATE: 09/14/18 WAPPINGERS FALLS NY 12590-4004 2m THESE CH.2kiNGES ARE SUBJECT TO THE TERMS OF THE EXISTING STREET LIGHTING SERVICE TO CENTRAL HUDSON GAS & ELECTRIC CORPORATION: YOU .TARE HEREBY AUTHORIZED TO MAKE CHANGES SPECIFIED BELOW TO THE STREET LIGHTI''7, SERVICE 7OR THE GENERAL TWN CHARGE 1-740 /:700 00 IN ACCORDANC:or- WITH A RESOLUTION DULY ADOPTED AS PROVIDED BY LAW BY THE (COUNCIL/BOA OF THE OF AT A MEETING HELD ON 20— AS FOLLA ACTION: INSTALL OR TYP & SIZE POLE NO RATE MAP & DATE ADJ 'o - REMOVE OF LAMP GRID LOCATION COMPLETE AMT INSTALL lil-ID 6800 56337 A TUSCANY DR 12.77 r- INSTALL LED 16500 150390 A OLD HOPEWELL RD/RT 19.43 0 – .2 0 Lo m c� co c� 0) n I'M MUNI Cl PAlj JITY BY 0 20 TITLE W.O.,KO. 6685A DATE WORK COMPLETED BY E b E Q 0 INST LEI) STREETLIGHTS PER TOWN REQUEST 2 A. COMPANY 014NED AND MAINTAINED; ANNUAL OR SEASONAL SERVICE B. CUSTOMER OWNED/COMPANY MAINTAINED C. CUSTOMER OWNED/CUSTOMER MAINTAINED THESE CH.2kiNGES ARE SUBJECT TO THE TERMS OF THE EXISTING STREET LIGHTING SERVICE CLASSIFICATIONS. DOES NOT INCLUDE THE COST OF ELECTRICITY. MUNI Cl PAlj JITY BY 0 20 TITLE W.O.,KO. 6685A DATE WORK COMPLETED BY E b NEW YORK COMMUNICATIONS COMPANY, INC. LEASE ORDER: 267708-11 DATE: 6/28/18 RIESS * 53 WEST CEDAR STREET ♦ POUGHKEEPSIE, NV 12601 1110 (845) - 471-5520, FAX (845) - 471-5593 SALESREP : 3 2 6 0 - SLE - Wir®less LEASE #: 23260 -SLE-02 Communications WWW.NYCOMCO.COM EXPIRATION DATE: 8/31/17 Bill To: 1031 Ship To: WAPPINGER TOWN OF WAPPINGER TOWN OF 20 MIDDLEBUSH ROAD 20 MIDDLEBUSH ROAD WAPPINGERS FALLS NY 12590 WAPPINGERS FALLS NY 12590 Phone: 845-297-2744 Phone: 845-297-2744 CUSTOMER CONTACTS: RICHARD THURSTON PHONE: 845-297-2744 QTY MODEL DESCRIPTION UNIT PRICE TOTAL LEASE ADDITION 4 AAH56RDN9RA1AN XPR-7550E 403-512 4W PORTABLE WITH 39.00 /mo 156.00 /mo ANTENNA, BATTERY, DESK CHARGER, CONNECT PLUS TRUNKING AND NYCOMCO'S LEASE COVERAGE TOTAL: 156.00 /mo AUTHORIZED SIGNATURE PRINT NAME TITLE/DATE Collective Bargaining Agreement Between The Town Of Wappinger And Teamsters Local 445 January 1, 2018 to December 31, 2019 101090176} 1 2 3 11 E Ce COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS PREAMBLE 1 1.1 Notice of Agreement 1 1.2 Recognition 1 MANAGEMENT RIGHTS 1 2.1 Terms 1 UNION RIGHTS 2 3.1 Union Membership/Agency Shop 2 3.2 Leave for Grievances & Hearings 2 3.3 Access to Employer Premises 3 GENERAL CONDITIONS OF EMPLOYMENT 3 4.1 Filling Vacancies 3 4.2 Probationary Period 3 4.3 Seniority 3 4.4 Layoff and Recall Procedures 3 4.5 Personnel File 4 DUE PROCESS PROCEDURES 4 5.1 Basic Principles 4 5.2 Grievance Procedure 4 5.3 Disciplinary Procedure 5 WORKDAY AND WORKWEEK 5 6.1 Work Schedule 5 6.2 Absences 5 101090176} 7 K N 10 II 6.3 Meals & Rest Periods 6 COMPENSATION 6 7.1 Wage Rates 6 7.2 Premium Pay for Overtime 7 7.3 Call -In Pay 7 7.4 Pay Period 7 7.5 Separation from Employment 7 7.6 Clothing Allowance 7 PAID LEAVE 8 8.1 Holidays 8 8.2 Vacation Leave 8 8.3 Sick Leave 9 8.4 Sick Leave Bank 10 8.5 Personal Leave 12 8.6 Bereavement Leave 12 8.7 Jury Duty 13 UNPAID LEAVE 13 9.1 Leaves of Absence without Pay 13 INSURANCE 13 10.1 Medical Insurance 13 10.2 Medical Insurance Buy -Out 14 10.3 Pre -Tax Medical and Dependent Care Expenses 14 DISABLED EMPLOYEES 15 11.1 Workers' Compensation Insurance 15 11.2 Short -Term Disability Insurance 15 11.3 Transitional Duty Program 16 {01090176} 12 RETIREMENT BENEFITS 17 12.1 Medical Insurance for Retired Employees 17 13 MISCELLANEOUS PROVISIONS 17 13.1 Travel Expenses 17 13.2 Return of Town Property 17 13.3 Compensatory Time 17 14 APPLICATION OF AGREEMENT 18 14.1 Duration of Agreement 18 14.2 Savings Clause 18 14.3 Legislative Implementation 18 14.4 Execution of Agreement 18 Schedule A New Hire Rates of Pay 19 Schedule B Sick Leave Bank Donation Form 20 Schedule C Sick Leave Bank Request Form 21 {01090176} PREAMBLE 1.1 Notice of Agreement 0 1.1.1 Parties to Agreement: This Collective Bargaining Agreement ("Agreement") is made by and between The Town of Wappinger, hereinafter referred to as the "Employer", and Teamsters Local Union Number 445, International Brotherhood of Teamsters, located at Box 2097, Newburgh, New York, hereinafter referred to as "Local 445" or "the Union." E 1.2 Recognition 1.2.1 Definition of Bargaining Unit: The Employer recognizes the Union as the sole and exclusive bargaining representative of Wappinger Town Hall Employees Association employed by the Town of Wappinger with regard to terms and conditions of employment and in respect to the administration of grievances arising under this Agreement. The titles covered by this Agreement shall be Deputy Court d Clerk, Clerk to the Justice, Court Officer, Highway Secretary, Solid Waste Attendant, Assessor Aide, Data Collector, Dog Control Officer, Typist, Recreation Supervisor, Recreation Assistant, Secretary, Q Maintenance Worker, Groundskeeper, Code Enforcement Officer, Code Enforcement Officer/Fire, Clerk, a Planning and Zoning Board Clerk, Deputy Town Clerk, Account Clerk, Water and Sewer Clerk, Payroll E Clerk, Laborer, and Secretary to the Planning Board and Zoning Board of Appeals. a. ca 1.2.2 Employee: For the purpose of this Agreement, an "Employee" will mean any employee of the m Town covered by this Agreement : v d 1.2.2a Full-time Employee: For the purpose of this Agreement, a "full-time employee" will o mean an Employee who is regularly scheduled to work thirty-five hours or more per week throughout the v a. year. _ 'N •L 1.2.2b Part-time Employee: For the purpose of this Agreement, a "part-time employee" will 0 mean an Employee who is regularly scheduled to work fifteen hours or more and less than thirty-five Q hours per week throughout the year. ti M 1.2.2c Temporary Employee: For the purpose of this Agreement, a "temporary employee" will C� mean someone who is called in to work on an interim or "as -needed" basis for a specified limited period, c to replace an Employee who is on an approved leave of absence. Temporary Employees shall not work in C� excess of ninety (90) days unless extended up to one hundred eighty (180) days by the Dutchess County w Office of Personnel. W 00 1.2.2d Exempt Employee: Some Employees covered by this Agreement may be classified as N "Exempt" under the Rules and Regulations of the Dutchess County Personnel Department. L Notwithstanding any provision of this Agreement, all applicable statutes, rules and regulations shall o govern the employment of each Exempt Employee and shall supersede any contradictory provisions herein. 0 1.2.3 Unit Clarification: Any disputes as to whether a new or substantially altered job title is encompassed within the scope of the existing bargaining unit shall be submitted immediately to the State of New York Public Employment Relations Board in accordance with its rules and procedures. {01090176} 2 MANAGEMENT RIGHTS 2.1 Terms 2.1.1 Town Rights: The Town retains the right to manage its business affairs and services and to direct the working force, including the right to decide the number and location of its business and service operations, the business and service operations to be conducted and rendered, the control of the building, real estate, materials, vehicles, parts, tools, machinery and all other equipment that may be used in the operation of its business or in supplying its services; to determine whether and to what extent the work required in operating its business and supplying its services shall be performed by Employees covered by this Agreement; to maintain order and efficiency in all its departments and operations, including the right to discipline, suspend and discharge Employees for cause; to hire, lay off, assign, promote and determine qualifications of Employees; and to determine the starting and quitting time and the number of hours to be worked. 2.1.2 Rights Not Inclusive The rights of the Town listed above are not all inclusive, but indicate the type of matters or rights that belong to and are inherent to the Town. UNION RIGHTS 3.1 Union Membership/Agency Shop 3.1.1 Union Dues: The Employer shall deduct from all regular Employees who are Union members, and are covered by this Collective Bargaining Agreement, dues of the Local Union and remit same to the Local Union at the end of each month. Written authorization by the Employee shall be furnished by the Union in a form approved by the Employer. The Employer will notify the Union promptly in writing and within seven calendar days of any revocation of such authorization to remit dues to the Union. 3.2 Leave for Grievances and Hearings 3.2.1 Stewards: The Employer recognizes the right of the Employees to elect no more than two (2) job M stewards and no more than two (2) alternates from the Employer's seniority list. The authority of job oc stewards and alternates so elected by the Employees shall be limited to, and shall not exceed, the Q following duties and activities: the investigation and presentation of grievances in accordance with the w provisions of the Collective Bargaining Agreement; and the transmission of such messages and to information which shall originate with and are authorized by the Union or its officers, provided such 00 messages and information have been reduced to writing or are of a routine nature and do not involve a o N refusal to perform work assignments. 3.2.2 Investigation and Presentation of Grievances: The Shop Steward, or designee, will be allowed release time, without loss of pay or leave credits, for the following activities: to investigate and present grievances to management and to attend grievance arbitration hearings, including annual steward training sponsored by the Union. Leave to attend stewards training shall not exceed eight hours in any one year. 3.2.3 Requests for Release Time: The Steward shall be given reasonable time during work hours to process grievances. Requests for the use of release time shall be made to the Department Head, or designee, as far in advance as possible. Requests shall not be unreasonably denied. 3.2.4 Super -seniority: To the extent permitted by law, one Steward will be granted super -seniority for the purposes of layoff and rehire, provided he or she is qualified and provided he or she has five (5) years or more of unit -wide seniority. {01090176} 2 3.2.5 Eligible Employees: Two Employees designated by the Union, in writing, shall be allowed release time, without loss of pay or leave credits, to participate in collective bargaining negotiations scheduled by the Employer and the Union if scheduled during work time. 3.3 Access to Employer Premises 3.3.1 Union Representatives: Representatives of Local 445 shall be allowed reasonable access to the Employer's premises for the purpose of conducting legitimate Union business related to the administration of this Agreement, and to investigate safety and health matters provided their investigations do not interfere with normal operations. 4 GENERAL CONDITIONS OF EMPLOYMENT 4.1 Filling Vacancies 4.1.1 Posting: In the event there is a vacancy to be filled in a new or existing position within the bargaining unit, the vacancy shall be posted in a conspicuous location for seven calendar days and a copy shall be sent to the Local 445 business agent. In the event that emergency needs require the immediate filling of the vacancy, a temporary appointment may be made subject to civil service regulations and guidelines. 4,1,2 Vacancies may only be filled from a list obtained from Dutchess County Human Resources (DCHR), and any such candidate shall satisfy any requisite training and/or testing requirements, provided, however, in the event that no qualified candidate is identified on the DCHR list, the Employer may interview and hire persons not from within the Collective Bargaining Unit. 4.2 Probationary Period 4.2.1 Probationary Period (New Hires): The probationary period for an Employee appointed to a position in the competitive class will be in accordance with the rules and regulations of the local Civil Service agency. Except as otherwise provided in the rules and regulations of the local Civil Service, the probationary period for an Employee appointed to a position in the non-competitive or labor class will be for a probationary period of not more than six months from the date of appointment. 4.2.2 Terms of Probation (New Hires): During the probationary period, the Employer has the right to W discipline and/or discharge a probationary Employee in its sole discretion, consistent with applicable law. 00 4.2.3 Terms of Probation (Promotion/Transfer): At any time during the probationary period, the Employee may retreat to the Employee's previous position. 4.3 Seniority 4.3.1 Service Seniority: Employees shall be placed on this seniority list as of the Employee's first date of hire as a full-time Employee. Seniority shall accrue and be determined in accordance with length of full-time employment within the bargaining unit covered by this Agreement. 4.3.2 Workers' Compensation: An Employee who is on an approved unpaid leave of absence due to a Workers' Compensation injury or illness, and is not drawing on paid leave credits, will continue to accrue seniority as if the Employee was in regular pay status. Such leave will not be considered as a break in "continuous service" and the Employee's anniversary date will not be adjusted. {01090176} 4.3.3 Loss of Seniority: Seniority shall be broken by proven discharge for cause, a disciplinary suspension and/or a personal leave of absence in excess of one year. E Q V 4.3.4 Same Length of Service: In the event two or more Employees have the same date of hire, such p Employees will have their individual seniority determined by lot. 4.4 Layoff and Recall Procedure L d 4.4.1 First to be Laid Off: In the event of a reduction in the number of positions in a job title in the E competitive class within the bargaining unit, layoff will be in accordance with the rules and regulations of d the local Civil Service agency. In the event of a reduction in the number of positions in a job title in the non-competitive or labor class within the bargaining unit, the Employee within that job title with the least service seniority will be the first to be laid off. Q 4.4.2 Recall: Bumping rights, recall to job, and notice of recall and duration of recall rights shall be d governed by applicable Civil Service Law statutes, rules and regulations. a. Q 4.5 Personnel File a. E 4.5.1 Location of Files: Original personnel records for all Employees will be kept in a location designated by the Town Supervisor and will be maintained and controlled by the Town Supervisor. m 4.5.2 Employee Access: An Employee may review and copy the contents of the Employee's own > personnel file. The Employee shall make an appointment with the Department Head to access Employee's personnel file. Someone authorized by the Town Supervisor must be present when the Employee inspects T the personnel file. The Employee may not place into, or remove from, or destroy any material stored in v the file without the approval of the Town Supervisor. The Employer may not place or remove any material in the Employees' files without the affected employees having knowledge of it, provided however, any materials may be included in an Employee's file if the material is either (i) established in 0 the Employee Handbook that such materials may be included in the personnel files; or (ii) required by law or regulation to be so included. Q ti 4.5.3 Union Access: Upon an Employee's written agreement, and upon reasonable written notice to the C00" Town Supervisor, a representative of the Union will be allowed to access, review and copy the contents of the personnel files of Employees, with the exception of medical documentation and/or letters of reference, raw provided the Union gives twenty-four hour written notice, and subject to any privacy laws or regulations. w During any such Union access, a representative of the Town Supervisor shall be present at all times. W 00 4.5.4 Change in Status: An Employee shall, as soon as possible in the event of any change, notify the c Department Head of a change of name, address, telephone number, personal status, number and age of dependents, beneficiary designations, and who to notify in case of emergency. M 5 DUE PROCESS PROCEDURES 5.1 Basic Principles 5.1.1 The intent of this Article 5 is to provide for the orderly settlement of differences in a fair and equitable manner. The resolution of a grievance at the earliest possible stage is encouraged. 5.1.2 An Employee and/or the Union shall have the right to present a grievance, which is hereby defined as a violation of an enumerated section of this Agreement, in accordance with this Article 5, free from coercion, interference, restraint, discrimination or reprisal. {01090176} 4 5.1.3 An Employee shall have the right to be represented at any stage of this Article 5 procedure by a Union representative or legal counsel. 5.1.4 Each party to a grievance shall have access at reasonable times to all written statements and records pertaining to such case. 5.1.5 The function of these procedures is to assure equitable and proper treatment under this Agreement involving disputes which may arise concerning its existing terms or the right of Management to take disciplinary action.. The arbitration procedure is not designed to be used for changing Article 5 rules or procedures or establishing new ones. 5.2 Grievance Procedure 5.2.1 Step One - Formal Grievance: Either the Employer or an aggrieved Employee(s) and/or the Union on behalf of the aggrieved Employee(s) may file a Grievance. The Grievance shall specify the nature of the complaint and include a simple statement of facts supporting the Grievance. The Grievance must be submitted, in writing, to the Employee or the Department Head as the case may be within fifteen calendar days from when the Employer or the aggrieved Employee(s) and/or Union knew or should have known about the incident giving rise to the Grievance. Within seven calendar days after receiving the Grievance, the Department Head, or designee, shall meet with the aggrieved Employee(s) and the designated representative of the Union. Within seven calendar days after the meeting, the Department Head of the Employee(s), as the case may be, shall issue a written Response to the Grievance that shall be given to the Employer or the Business Representative and the Employee(s) as the case may be. 5.2.2 Step Two - Appeal: If any Party is not satisfied with the Response to the Grievance at Step One, any Party may submit the matter to the Town Supervisor. The Appeal must be submitted, in writing, within twenty-one calendar days from receiving the Step One Response. Within fifteen calendar days after receiving the Appeal, the Town Supervisor shall meet with the aggrieved employee(s) and the designated representative of the Union. Within seven calendar days after the meeting, the Town Supervisor shall issue a written Response to the Grievance that shall be given to the Business Agent of Local 445. 5.2.3 Step Three - Binding Arbitration: If the Employer or the Union, as the case may be, is not oc satisfied with the Response to the Grievance at Step Two, the Union or the Employer, as the case may be, o may submit the matter to arbitration by filing a demand for arbitration with the Public Employment `� Relations Board (PERB) in accordance with its rules and regulations. The demand for arbitration must be w filed within thirty calendar days from receiving the Step Two Response or when the Step Two Response should have been received. The Employee shall have no right to submit any matter to arbitration in the c event the Union chooses not to do so. 5.2.4 Arbitrator's Authority: The conduct of the arbitration shall be under the exclusive jurisdiction and control of the arbitrator and shall conform to applicable law. All decisions rendered by the arbitrator shall be final and binding upon all parties. No arbitrator functioning under these procedures shall have any power to amend, modify or delete any provisions of this Agreement. 5.2.5 Cost: The Employer and the Union shall share the fees of the arbitrator equally. 5.3 Disciplinary Procedure 5.3.1 Disciplinary Hearing: All matters of Employee discipline shall be governed by Civil Service Law Sections 75 and 76, if applicable. Any employee in the non-competitive class shall be eligible for the protections of Civil Service Law Section 75 upon completion of four years of continuous service with the Town. {01090176} 6 WORKDAY AND WORKWEEK 6.1 Work Schedule 6.1.1 The normal work day will commence between the hours of 8:00 a.m. and 9:00 a.m. as determined by the Town, except when a flex schedule is agreed to by the parties. All Full -Time Employees will customarily work a thirty-five hour per week schedule. 6.2 Absences 6.2.1 Notification: In the event an Employee is unable to report to work, the Employee must notify the Town Supervisor or Department Head no later than one hour before the start of the shift except in emergencies, and state the reason for the absence. 6.2.2 Early Departure: In the event an Employee must leave work early, the Employee must notify the immediate supervisor by text or email prior to leaving. Approval will not be unreasonably denied. 6.3 Meal & Rest Periods 6.3.1 Lunch Period: Each workday shall include an unpaid lunch period. The lunch period shall be for a period of thirty (30) minutes between the hours of 11:30 a.m. and 1:30 p.m., except in the discretion of the Department Head, who shall not unreasonably require a different lunch period. In accordance with New York State regulations, an Employee who works more than six hours in a given day is required to take the scheduled meal period. Employees cannot be required to take the lunch break at their desks. 6.3.2 Rest Periods: Employees shall be granted one (1) rest period of fifteen minutes before 11:30am and one (1) rest period of fifteen minutes after 1:30om, without loss of pay. The scheduling of said rest periods shall be at a reasonable time of each morning and afternoon. Employees who work in excess of two hours of overtime per day shall receive an additional fifteen minute rest period during that day. 6.3.3 Hours Beyond Normal Work Schedule: Twice per month, the Town may require a particular office(s) to open beyond the normal working schedule as defined in this Agreement. For example, the Town Supervisor may decide to open business hours during a Wednesday evening or during a Saturday morning to provide more accommodating services to residents who cannot get to Town Hall during regular working hours. In such a situation, volunteers will be requested first, and will be assigned in order of rotating seniority. If no volunteers come forward, the Town may assign employees to staff the office, in order of rotating seniority. The Employee shall first adjust its regular weekly schedule to take the requisite hours out of that schedule so as not to exceed the normal work week of 35-40 hours. To the extent that such flexibility is not possible, then such time shall be considered overtime and subject to the rules governing overtime in this contract or under applicable law. 7 COMPENSATION 7.1 Wage Rates 7.1.1 Base Wage Schedule: Employee wages shall be increased as follows: January 1, 2018 - 75 cents per hour or in accordance with the new wage scale listed below, whichever is greater. {01090176} 6 January 2, 2019 — 60 cents per hour New Wage Schedule: In lieu of the 75 cent increase noted above, during 2018, the following titles shall receive the following increases in base pay: 1. Planning/Zoning Secretary from $19.31 to $21 per hour. 2. Deputy Town Clerk from $16.47 to $18 per hour. 3. Real Property Data Lister from $17.75 to $23 per hour. 4. Justice Clerk Renzo from $19.19 to $22 per hour. 5. Justice Clerks Mergian and Wheeler from $16.47 to $19 per hour. 6. Deputy Assessor from $22.22 to $24 per hour. 7. Municipal Sec./Recreation from $18.52 to $20 per hour 8. All Laborers to $18 per hour. 9. Highway Secretary from $20.55 to $22 per hour. 10. Recreation Assistant from $19.34 to $21 per hour. 11. Payroll Clerk from $20.30 to $21.30 per hour. 7.1.2 Longevity Bonus: Beginning as of January 1, 2012, Full -Time Employees will receive an additional annual longevity stipend of $500 after every five years of continuous service with the Town, and Part -Time Employees will receive one half of that amount according to the table below. The longevity stipend will be paid on or about the Employee's anniversary date of employment with the Town, and will not be added to base pay for overtime purposes. Any Employee who has switched from part- time to full-time shall receive one half (1/2) years of service credit for each full year of part-time service. Length of Service Annual Longevity Amount Less than 5 years $0 5 years or more, and less than 10 years $500 10 years or more, and less than 15 years $1,000 15 years or more, and less than 20 years $1,500 20 years or more, and less than 25 years $2,000 25 years or more $2,500 7.2 Premium Pay for Overtime 7.2.1 Overtime Rate: An Employee will be paid one and one-half times the employee's regular hourly rate of pay for all time worked over forty hours in any given work week. All overtime must be approved either by the Department Head or the Town Supervisor. 7.2.2 Sunday Rate: Employees authorized to work on Sunday shall receive time and one-half for all hours worked. All such overtime must be approved either by the Department Head or the Town Supervisor. 7.2.3 Credit for Paid Leave: Holidays, vacation leave, sick leave, and jury duty leave will be included as time worked in the computation of overtime. 1010901761 7 7.3 Call-in Pay 7.3.1 After Shift Has Ended: If an Employee of the Code Enforcement Department, Recreation Department or Town Justice Court is called in to return to work after the Employee's shift has ended and the Employee has left the worksite, or on a Saturday, Sunday, holiday, or other period during which said Employee is not scheduled to work, such Employee shall be paid for a minimum of four hours of work at the Employee's regular rate of pay. If an Employee works three or more hours in connection with a call- in, he shall be paid for one additional hour. An Employee must show up for scheduled work hours unless the Employee has obtained prior written approval to not show up for specific reasons in accordance with the terms and conditions of this Agreement. 7.3.2 Start Time: The pay for an Employee who is called in for duty will begin when the Employee receives a phone call, text notification or other equivalent (i.e., What's App), provided that he/she arrives at the work site within thirty (30) minutes of said notification. 7.4 Pay Period and Recordation. Every Employee must record his/her time in the Town's Paychex system. 7.4.1 Payroll Period: The payroll period will be on a weekly basis and begin on Monday at 12:01 a.m. and end seven calendar days later on Sunday at 12:00 p.m. midnight 7.4.2 Pay Date: The pay date will be as per existing practice, provided, however, to the extent that a full -week has not been recorded during any pay period, then an Employee's compensation will be made at the end of the next full week period. 7.4.3 Statements: Each Employee shall be provided with a statement of gross earnings and a statement of deductions made for any purpose. 7.5 Separation from Employment 7.5.1 Settlement of Wages: Upon separation from employment, except as otherwise specified in this Agreement, the Employer shall pay all money due the Employee on the next regularly scheduled full week pay day following such discharge or resignation. 7.6 Clothing Allowance: Employees shall be entitled to an annual (January 1 to December 31) W clothing allowance not -to -exceed $300 per year on a reimbursement basis. In order to obtain CO reimbursement, an article of clothing must be necessary for the Employee's job, approved in writing by c the Employee's supervisor or by the Town Supervisor, and any items for which reimbursement has been CN made by the Town shall not be worn for an employee's off-duty activities. Clothing reimbursement shall be provided to: o Building and Grounds Department Employees: Real Property Data Lister; and Code Enforcement and Fire Inspection Deputies 7.7 Education Reimbursement: Certain professional education and training shall be mandatory as required by law, regulations, Town Policies and Procedures or as otherwise approved by the Town Board. All Employees who successfully complete an educational or training course related to his or her job duties will be reimbursed and be eligible for an increase in pay commensurate with any new job qualifications achieved through such training. {01090176} 8 PAID LEAVE 8.1 Holidays 8.1.1 Designated Holidays: The following holidays shall be observed: New Year's Day Martin Luther King Day Presidents' Day Good Friday Memorial Day Independence Day Labor Day Columbus Day General Election Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day One Floating Holiday as per current practice, i.e., majority Employees' choice Holidays falling on a Saturday shall be observed on the preceding Friday. Holidays falling on a Sunday shall be observed on the following Monday. 8.1.2 Not Assigned to Work on a Holiday: An Employee who does not work on a designated holiday will be paid "holiday pay" for the day at the Employee's regular daily rate of pay. 8.1.3 Assigned to Work on a Holiday: If an Employee works on a designated holiday, the Employee will be paid for that day at straight time rate and will be paid one and one-half times the Employee's regular hourly rate of pay for the time worked. In the event December 25th is a Saturday or a Sunday, a regular Full -Time Employee who does work on such day will be paid for all hours worked at one and one-half time (Saturday) or double time (Sunday) plus holiday pay. 8.1.4 Holiday During Paid Leave: In the event a designated holiday occurs on an Employee's normal workday and the Employee is on a paid leave of absence, the Employee will receive holiday pay for the day and the Employee's leave credits will not be charged for that day. 8.2 Vacation Leave 8.2.1 Allowance: Full-time Employees shall be credited with paid vacation leave on their applicable anniversary date according to the table below. Any Employee who has switched from part-time to full- time shall receive one half (1/2) years of service credit for each full year of part-time employment, 00 provided, however, that each Employee shall be required to take off a minimum of one-week vacation c"•, time each calendar year. Upon completion of Vacation Six months One week One year Two weeks Five years Three weeks Ten years Four weeks Fifteen years Five weeks Thirty Years Six weeks One week shall equal five days. {01090176} 9 8.2.2 Vacation Accrual During Leaves of Absence: In the event an employee is absent from work without pay for more than thirty calendar days in the calendar year, excluding an unpaid leave of absence due to a Workers' Compensation or NYS disability claim, the annual allowance of vacation leave to be credited for the next year will be adjusted on a prorated basis, with 260 days equal to 100%. 8.2.3 Minimum Vacation Leave Utilization: Vacation pay must be utilized in minimum increments of one-half (1/2) day. 8.2.4 Carry-Over: Each Employee will be allowed to carry-over no more than ten (10) days of vacation from the previous calendar year. All other vacation credits unused during the year in which they are earned will be paid-out at the end of each applicable calendar year. 8.2.5 Annual Buy-Back: An Employee may elect to receive cash payment for up to one week of accumulated, unused vacation leave credits during any calendar year (January 1 through December 31). A buy-back election must be submitted to the Town Supervisor no later than September 1, and each Employee shall be limited to one instance of buy-back per calendar year. Payment of buy-back will shall be paid no later than January 31 of the following calendar year. Payment will be at the Employee's rate of pay as of the time of election. 8.2.6 Scheduling: An Employee must receive prior written approval from the Department Head, or Town Supervisor to take vacation leave. In the event more Employees request vacation leave than minimum coverage permits, preference in the selection of a vacation period shall be given to the Employee with the most service seniority. The Employee must provide a minimum of two weeks written notice for requesting vacation leave. All requests for vacation are subject to the Department Head's or Town Supervisor's approval, which approval shall not be unreasonably withheld. 8.2.7 Termination of Employment: An Employee who resigns, retires, or is laid off will receive payment for unused vacation leave credits at the Employee's then current rate of pay. In the event of an Employee's death, the Employee's beneficiaries shall receive the payment for unused vacation leave credits. 8.3 Sick Leave 8.3.1 Allowance & Accumulation: "Full-time Employees accrue one (1) day of sick leave per month. Sick time taken in excess of twelve (12) days of one year of service will be without compensation, unless additional sick time has been accumulated from prior years. Employees may accumulate up to a maximum of one hundred sixty-six (166) sick days. Any Employee on sick leave for more than three (3) consecutive work days must obtain a medical care provider's written statement verifying the need for absence." 8.3.2 Accrual during Leaves of Absence: An Employee will be credited with sick leave credits while on a paid leave of absence, but not while on an unpaid leave of absence in excess of twelve days in the calendar month, excluding an unpaid leave of absence due to a Workers' Compensation or NYS disability claim. 8.3.3 Use of Sick Leave: An Employee may use sick leave credits for medical and dental appointments that cannot be scheduled during non -work hours. Sick leave credits may not be used in increments of less than one hour. 8.3.4 Family Sick Leave: An Employee shall have the right to use personal leave for the illness of a member of the employee's immediate family residing in the household. {01090176} 10 8.3.5 Notification of Sick Leave: In the event an Employee must take sick leave, the Employee must notify the Department Head or Town Supervisor within one hour prior to the Employee's scheduled reporting time, except in the event of an emergency. 8.3.6 Return to Work: After three consecutive days or more of leave due to an injury or illness, the Employer may require written medical doctor's verification of an Employee's ability to perform the Employee's normal job duties. Upon such request, the Employee must submit a written statement from the Employee's health care provider or licensed medical doctor, indicating that the Employee is able to return to work either with or without restrictions. 8.3.7 Retirement Credit: The Employer will make available Section 410) of the New York State Retirement and Social Security Law, which allows credit for up to one hundred sixty-five days of accumulated sick leave at the time of retirement. The additional service credit is determined by dividing the total unused, unpaid sick leave days (not to exceed 165 days) by 260. For example: 130 unpaid sick leave days divided by 260 = .50 or 6 months additional service credit. 8.3.8 Cash -Out of Unused Sick Leave Credits: An Employee who retires from employment with the Employer may use accumulated sick leave credits to increase service credit toward retirement in accordance with Section 410) of the New York State Retirement and Social Security Law. In the event of an Employee's death, the Employee's spouse and/or dependents will receive payment for fifty percent (50%) of the total number of unused sick leave credits at the Employee's then current rate of pay provided the Employee had ten or more years of credited service. 8.3.9 Termination of Employment: An Employee who resigns or is laid off will receive payment for one half of unused sick leave credits at the Employee's then current rate of pay. If an Employee is terminated for cause or resigns in lieu of disciplinary charges, all accrued sick leave credits shall be forfeited. 8.3.10 No Negative Balances: at no time shall an Employee be allowed to create a negative balance in any of their accounts without the prior written approval of their supervisor or the Town's Supervisor. Article 8.4 Sick Leave Bank (to begin January 1, 2015) 6 8.4.1 Definitions, Eligibility, Obligations and Limitations A. Catastrophic injury or illness is defined as a life-threatening condition or combination of 00 conditions affecting the mental or physical health of the Employee or immediate family member or household. The catastrophic illness or injury must require the services of a physician. B. Immediate family or household is defined as spouse, domestic partner, child (including step and foster), parent or any relative or person living in the Employee's household for whom the 0 employee has custodial responsibility. m C. This Sick Leave Bank ("Bank") is available to those Employees who have completely exhausted all accumulated leave time (sick, personal and vacation leave), or who reasonably anticipate exhausting such leave time prior to the end of an absence covered by this policy, and who are not otherwise receiving any related compensable benefits such as disability or Workers' Compensation. D. Membership is available to all Employees who have sick leave balances, and upon the first January 1 following completion of their Civil Service probationary period. {01090176} 11 E. Membership eligibility for participation in the Bank for a calendar year begins upon the Employee's original donation of at least two days of leave. Partial days cannot be donated at any time. Enrollment in the Bank continues, provided a minimum of two days is donated in each subsequent calendar year. F. Donated accumulated leave time contributed to the pool becomes the property of the Bank and may not be withdrawn, targeted for specific individuals or returned to an Employee upon separation, retirement or death. G. Use of benefits from the Bank will occur in connection with any provisions of the Family and Medical Leave Act ("FMLA"), if applicable, and any use is calculated as part of the twelve weeks of leave provided under the Act. 8.4.2 Donations A. Any Employee who wishes to transfer a portion of his/her accumulated leave time must sign a statement indicating the number of days to be transferred. Employees will be given an opportunity to donate accumulated leave time to the Bank annually. An enrolled Employee who fails to contribute in any year shall cease to be enrolled. A Sick Leave Bank Donation Form is attached as Schedule B. B. The minimum amount of accumulated leave time an Employee may contribute is two days. The donating Employee must retain a minimum of five (5) accumulated sick leave days at the time of donation. C. Donations are to be taken from accumulated leave time. No transfer of funds shall occur, but the contributing Employee's cumulative accrued sick leave balance will be reduced by the number of days donated. D. Donations shall be made no later than March 31 of the applicable calendar year. 8.4.3 Administration A. The Bank will be administered by a committee ("Committee") of four persons, consisting of the two Employee Shop Stewards and the Town Supervisor and the Town Deputy Supervisor. The Committee shall elect a Chairperson, who shall run all meetings. B. The Committee shall be responsible for coordinating the annual donations, processing requests 00 and maintaining appropriate related records. T- C. C. The Committee will be responsible for reporting usage to the Town Supervisor on an annual basis. D. Requests for paid sick leave will be reviewed by the Committee. The Committee will prepare a written notification to the requesting member approving or denying the application for paid sick leave and will ensure that the appropriate forms and/or documentation are submitted to the Payroll Office if the request is approved. E. The Committee may not grant paid sick leave days to employees when the Bank does not have available days. F. An application shall be denied if it is incomplete or lacks supporting statements from a licensed health care provider, or if the employee fails to provide any requested documentation. If denied, an application may be resubmitted. {01090176} 12 G. The Bank will be administered in accordance with the Americans with Disabilities Act and Family and Medical Leave Act requirements, if applicable. 8.4.4 Withdrawals A. An Employee or his/her designee must request sick leave from the Bank by completing an application and submitting it to a member of the Committee. An Employee may apply for leave from the Bank but cannot receive more than 25 sick leave days in a twelve-month period. A Sick Leave Bank Request Form is attached as Schedule C. B. All requests must be accompanied by a physician's statement that includes the beginning date of the condition, a description of the illness or injury and the length of anticipated leave. All requests must indicate the number of sick leave days requested. C. The Committee will render a decision to the Employee within ten (10) working days after receipt of the request. D. The amount, if any, of sick leave granted for each request will be determined by the Committee, but cannot exceed one third of the balance in the Bank or 25 working days, whichever is less. Any unused sick leave granted in such instances returns to the Bank. E. All decisions of the Committee are final and not subject to appeal or to the grievance process contained in this Agreement. 8.5 Personal Leave 8.5.1 Allowance: Six (6) days per calendar year at bimonthly accruals. 8.5.2 Carry -Over: Unused personal leave can be carried over to the following year. 8.5.3 Scheduling: Employees are required to give the Department Head or the Town Supervisor 48 hours' notice whenever possible of their intention to take personal leave whenever possible. Personal leave credits may not be used in increments of less than one hour. All such leave shall be subject to the discretion of the Department Head or the Town Supervisor, whose approval shall not be unreasonably withheld. 8.5.4 Termination of Employment: An Employee who is terminated, resigns, retires, or is laid off UJ will receive payment for one half of unused accrued personal leave credits at the employee's then current 00 rate of pay. 0 cV 8.6 Bereavement Leave L 8.6.1 Immediate Family: In the event of a death of a Full -Time Employee's immediate family member, the Employee may take a leave of absence without loss of pay or leave credits for up to five scheduled workdays between date of the death and the day after the burial. For purposes of bereavement leave, "immediate family member" will mean the following: • Spouse or Domestic Partner • Child (including step & foster) • Parent or Legal Guardian 8.6.2 Extended Family: In the event of a death of a Full -Time Employee's extended family member, the Employee may take a leave of absence without loss of pay or leave credits for up to three scheduled {01090176} 13 workdays between date of the death and the day after the burial. For purposes of bereavement leave, "extended family member" will mean the following: • Sibling • Spouse's Parent • Grandchild • Child's Spouse • Grandparent 8.6.3 Additional Bereavement Leave: An Employee may receive an unpaid leave of absence or use vacation leave credits and/or personal leave credits to extend bereavement leave due to the death of an immediate or extended family member. The request must be submitted to the Department Head. The Department Head shall have total discretion in the approval of such additional bereavement leave. 8.7 Jury Duty 8.7.1 Leave of Absence: In the event an Employee is required to perform jury duty on a day the Employee is scheduled to work, the Employee shall be compensated by the Town pursuant to the New York Judiciary Law. 9 UNPAID LEAVE 9.1 Leaves of Absence without Pay 9.1.1 General Terms: Subject to the approval of the Town Board, unpaid leaves of absence may be available to an Employee for personal reasons including, but not limited to, personal illness, family responsibilities, and education. 9.1.2 Request for Unpaid Leave: The Employee must submit such request and the reasons for the leave, in writing, to the Town Supervisor or Department Head at least two weeks prior to the proposed leave, except in the event of an emergency. The Town Supervisor or Department Head will present the request to the Town Board as soon as possible after receiving the request. Approval will not be unreasonably withheld. 9.1.3 Conditions of Leave: The Town Board will specify the duration of an unpaid leave of absence and impose such other terms, conditions and restrictions on the employee as the Town Board deems appropriate. 9.1.4 Denial of Leave: In the event any denial of unpaid leave is challenged in the grievance procedure, the sole remedy will be granting the leave. 10 INSURANCE 10.1 Medical Insurance 10.1.1 Medical: Employees will receive the same coverage they currently receive. If such plan is no longer available from the provider, the Town will make best efforts to obtain a substantially equivalent plan. If the Town seeks to change the plan despite its continued availability, it shall replace with an equivalent plan. 1010901761 14 10.1.2 Date Coverage Begins: Coverage will begin on the first day of the month following the Employee's first day of employment, provided all eligibility requirements of the plan are met and the requisite forms have been completed. Eligible Employees and dependents may also enroll in the health insurance plan during the annual open enrollment period or at the time of a qualified change in employment or family status, as defined by the Internal Revenue Service and the insurance carrier. 10.1.3 Premium Payment: Employees shall be responsible for contributing 15% of their applicable health insurance premium. Effective 1/l/19, Employees shall be responsible for contributing 15.25 percent of their applicable health insurance premium. 10.2 Medical Insurance Buy -Out 10.2.1 Eligibility: A Full -Time employee who is eligible for health insurance coverage made available through the Town may receive a buy-out in lieu of receiving insurance and prescription drug benefits. To be eligible for the insurance buy-out, the Employee must provide documentation of comparable health insurance coverage and sign an appropriate waiver of insurance coverage. In the event an Employee is married to another Employee of the Town who is eligible for health insurance, they must either enroll in two individual plans or one two -person or family plan and will not be eligible for this buy-out. 10.2.2: "Any Employee declining health coverage, and who is eligible for a buy-out as set forth in Section 10.2.1 above, shall receive such annual buy-out from the Town in the following amounts for the type of coverage based on family circumstances without regard to other coverages: Family — $2,500.00 Employee plus spouse - $2,000.00 Employee - $1,000.00 The buy-out shall be prorated for the first year of employment. All buy-outs shall be paid in June and December of each year and shall be subject to applicable payroll taxes and withholdings. This buy-out shall apply to health coverage only and not to any other types of insurance coverage that may become available to bargaining unit members (e.g., dental, optical, etc.)." 10.2.3 Method of Payment: Partial payment of the buy-out will be made in the first pay period in June and December. 10.2.4 Reinstatement: In the event the Employee loses coverage under the alternate insurance plan, the Employee may resume coverage under the health insurance plan made available through the Town. Coverage will begin on the first of the month immediately following the Employee giving notice, provided the Employee gives such notice at least five business days prior to the first of the month and meets all eligibility requirements of the insurance plan. An Employee may also elect to resume coverage under the medical insurance plan during the annual open enrollment period. {01090176} 15 10.3 Pre -Tax Medical and Dependent Care Expenses 10.3.1 Eligibility: A Full -Time Employee who has completed the probationary period is eligible to enroll in a pre-tax reimbursement account in accordance with Section 125 of the Internal Revenue Service Code, provided all eligibility requirements of the plan are met and the requisite forms have been completed, and provided the Town, in its sole discretion, has adopted such a plan. 10.3.2 Flexible Spending Accounts: An Employee may elect to have a pre -determined amount deducted from the Employee's paycheck on a pre-tax basis each payroll period to be placed in a medical care flexible spending account, dependent care flexible spending account, or both. Money set aside in an Employee's medical care flexible spending account may be used to cover certain health, dental, and vision care expenses that are not reimbursable through the Employee's insurance plan(s). Money set aside in an Employee's dependent care flexible spending account may be used to cover eligible day care and nursery school expenses for covered dependents. 10.3.3 Election Changes: Eligible Employees may enroll or decline coverage in the pre-tax reimbursement plan during the annual open enrollment period. Once a pre-tax election is made, it must remain in effect for the entire plan year. An Employee may not drop coverage, change an election, or cease contributions at any time during the plan year unless there is a qualifying change in employment or family status, as defined by the Internal Revenue Service. For any qualifying change in family or employment status, an Employee must make the appropriate change in coverage within thirty-one calendar days of the date of the qualifying event. Under the pre-tax insurance premium option, an Employee's election for the plan year is automatically continued for the next plan year unless a new election form is submitted. 11 DISABLED EMPLOYEES 11.1 Workers' Compensation Insurance 11.1.1 Summary: Employees are required to file an accident report when a claim of work related disability causing illness or injury exists. Employees covered hereunder who are injured while on duty in the course of their employment and thus entitled to Workmen's Compensation payments, shall be compensated in the following manner: 11.1.2 Use of Leave Credits: An Employee may draw from the Employee's sick leave, then personal leave credits, and then vacation leave credits in conjunction with Workers' Compensation payments to equal, but not exceed, the Employee's regular daily rate of pay. When the insurance company makes payment, the Employer shall reimbursed for that portion of sick leave, vacation leave or personal leave covered by insurance and the employee will be re -credited with the proportional amount of leave. Any lump sum award for loss of use for an injury will not be returned to the Town. 11.1.3 Continuation of Medical Insurance: An Employee who is receiving Workers' Compensation payments for lost time will continue, for up to a maximum of one year, to receive medical insurance benefits, and the Employer and Employee will continue to make their contributions, provided the Employee makes the required Employee contribution. Beyond the maximum of one year, if the Employee has exhausted all sick leave, vacation leave and personal leave credits, the employee may continue to be eligible for medical insurance coverage in accordance with COBRA. To the extent that this provision is inconsistent with the Family Medical Leave Act or any other applicable statute, the appropriate statute shall prevail. {01090176} 16 11.2 Short -Term Disability Insurance 11.2.1 Coverage: The Employer will make available a short-term disability plan for non -job-related injuries or illnesses that meet the minimum requirements of New York State Disability Insurance. The insurance company makes the determination of whether an employee is eligible for short-term disability benefits. 11.2.2 Change in Plan: The Employer may, at its discretion, change carriers and/or offer an alternative short-term disability plan. 11.2.3 Premium Payment: The Employer will pay the full premium for short-term disability insurance for each eligible employee. 11.2.4 Use of Leave Credits: An Employee may draw from the Employee's sick leave credits, then personal leave credits, and then vacation leave credits in conjunction with the short-term disability payments to equal, but not exceed, the Employee's regular daily rate of pay. When the insurance company makes payment, the Employer shall be reimbursed for that portion of sick leave, vacation leave or personal leave covered by insurance and the Employee will be re -credited with the proportional amount of leave. 11.2.5 Continuation of Medical Insurance: The Employer will continue medical insurance coverage for a qualifying event in accordance with the provisions of the Town's Family and Medical Leave Policy. Thereafter, a Full -Time Employee who is receiving short-term disability payments provided under this Article and is drawing full -pay by using accrued sick leave, vacation leave, and/or personal leave credits will continue to receive medical insurance benefits and the Employer and Employee will continue to make their contributions provided the Employee makes the required Employee contribution. If the Employee has exhausted all sick leave, vacation leave, and personal leave credits, the Employee may continue to be eligible for medical insurance coverage in accordance with COBRA. For those Employees enrolled in the New York State Health Insurance Program (Empire Plan), the Employee may continue to be eligible for medical insurance coverage by requesting a waiver of premium in accordance with plan documents. The State of New York Department of Civil Service Employee Benefits Division is responsible for determining eligibility for receiving the waiver of premiums. To the extent that this provision is inconsistent with the Family Medical Leave Act or any other applicable statute, the appropriate statute shall prevail. 11.3 Transitional Duty Program 11.3.1 Preamble: The purpose of this Transitional Duty Program is to allow an Employee who is 00 temporarily partially disabled to return to work in an assignment that meets both the needs of the Employer and the medical limitations of the Employee. In the event an Employee is unable to perform the full duties and responsibilities of the Employee's regular position, the Department Head or designee may, o on a case-by-case basis, request such Employee to return to work in a Transitional Duty assignment. The 0 exercise of this Transitional Duty Program shall not establish any precedent or commitment to provide Q Transitional Duty assignments to any other Employee at any time in the future. �? 11.3.2 Transitional Duty Assignment: The assignment may not necessarily correspond with the Employee's regular job duties. The assignment may involve performing some duties of the Employee's regular position, some duties of another position, or a combination of tasks from several positions. The assignment may be at a different work location and/or have a different schedule than the Employee's regular position. 11.3.3 Wages: While performing a Transitional Duty assignment, the Employee will receive the Employee's regular hourly rate of pay. {01090176} 17 11.3.4 Duration of Assignment: The Employer will require a medical examination ordered by the Employer as a condition of allowing the Employee to return to full duties. 11.3.5 Position Creation: the Employer shall not be obligated to create any position or duties not presently existing for the benefit of an Employee seeking Transitional Duty. 12 RETIREMENT BENEFITS 12.1 Medical Insurance for Retired Employees 12.1.1 Coverage: Retired Full -Time Employees with sufficient years of service credit with the Town, and their spouses, shall have the option to elect contributing health insurance coverage from the Town based on the following schedule: Years of Completed Full-time Service with the Town Town's Share of Coverage Retired Employee Spouse 10-14 35% 20% 15-19 50% 35% 20-24 60% 45% 25 or more 70% 50% Such Employees, and their spouses, shall also have the option to elect contributing dental insurance coverage from the Town as long as the Employee or spouse pays 100% of the premium, or the same contribution rate charged by the Town to non-union Employees as of the date of such Employee's retirement, whichever rate shall be less. 12.1.2 Eligibility: To be eligible for coverage, the retiree must be age fifty-five or older, must have at least ten years of continuous full-time service with the Town, and must have been actively employed by the Town on the date of retirement. In addition, the retiree must have applied for and been granted a retirement benefit from the New York State Employees' Retirement System. Notwithstanding the above, an Employee who is terminated or resigns because of pending disciplinary action is not eligible for this benefit, nor is his or her spouse eligible for this benefit. 13 MISCELLANEOUS PROVISIONS 13.1 Travel Expenses 13.1.1 Reimbursement: In the event an Employee is required by the Employer to make a trip, said employee shall be entitled to reimbursement to cover the Employee's actual expenses, upon submission of vouchers or receipts by the Employee verifying the Employee's expenses. Reimbursement of mileage expenses shall be at the then -current IRS mileage rate as approved by the Town Board. 13.2 Return of Town Property 13.2.1 Separation from Employment: Upon separation from employment, an Employee shall return to the Employee's immediate supervisor all Town property in the Employee's possession or assigned to the Employee in substantially the same condition as when received, reasonable wear and tear expected, 1010901761 18 except that with respect to articles of clothing, the Employee is only required to return property in the Employee's possession. Further, the Employee shall be responsible for and reimburse the Employer for any property the Employee willfully damages, destroys or loses. 13.3 Compensatory time 13.3.1 Comp Time: When an Employee is eligible for overtime pay he/she may substitute Comp time at the rate he/she would be entitled to be paid for such work. Comp Leave will be banked into Comp Leave Accruals. Comp Leave may be granted in the same manner as personal time. The Employee's available pool of Comp time shall be capped at and not to exceed a total of seventy-five (75) hours. 13.3.2: Town Board Policies: All Employees shall be subject to the codes and policies adopted by the Town Board, provided the codes and policies do not conflict with this Agreement. 14 APPLICATION OF AGREEMENT Q a. 14.1 Duration of Agreement 14.1.1 This Agreement shall be effective from 01/01/2018 through 12/31/2019. m 14.2 Savings Clause v 14.2.1 If any provision of this Agreement should be adjudicated to be illegal, unlawful, or in violation of any federal, state or local law or rule, then the remainder of the Agreement continues in full force and v effect and only the part which is declared illegal shall be void. a E 'N 14.2.2 Upon the issuance of such decision, the Town and the Union shall negotiate in good faith an 0 adjustment in the affected provisions, portions or applications with the intention of affecting the purpose of the provisions, portions or applications. Q ti 14.3 Legislative Implementation C�,, 00 IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS o AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFORE, SHALL w W NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL. ° r° 0 cV {01090176} 19 14.4 Execution of Agreement IN WITNESS WHEREOF, the parties have caused this Collective Bargaining Agreement to be signed by their respective representatives on TEAMSTERS LOCAL 445 REPRESENTATIVE: Date TOWN OF WAPPINGER REPRESENTATIVE: Date 1010901761 20 SCHEDULE A NEW HIRE RATES OF PAY Employees hired after the ratification of this Agreement shall receive a minimum base wage as follows: A. Laborer Groundskeeper Court Officer Solid Waste Attendant Data Gelleet-of Typist Maintenance Worker B. Clerk (except Court Clerk and Water and Sewer Clerk) Secretary Recreation Assistant Deputy Town Clerk C. Assessor Aide Data Collector Water and Sewer Clerk Dog Control Officer D. Code Enforcement Officer Fire Inspector Recreation Supervisor Court Clerk $15.50 $13.50 per hour $17.50 per hour $17.50 per hour Any Employee who permanently moves to a new position by way of lateral transfer (part of same starting salary group as former position) or promotion (in a higher starting salary group as former position) shall receive a rate of pay of either the starting salary for the new position or current rate plus 5% (five percent), whichever is greater. If the Employee does not fulfill the probationary period for the new position and bumps back to the former position, the rate of pay shall revert to that which the employee was receiving prior to the transfer or promotion. 1010901761 21 SCHEDULE B SICK LEAVE BANK DONATION FORM (Enrollment changes may only be submitted annually, during the period January 1 to March 31) TO BE COMPLETED BY THE EMPLOYEE DONATING LEAVE Name Position/Title Department _ ...................................................... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ENROLLMENT Donation will be deducted from your accumulated sick leave upon submission of this form. ( ) Initial enrollment ( ) Currently in Bank. I am donating days of accrued sick leave. Following this donation, I will have days of accrued sick leave. I have read and understand the Sick Leave Bank policy contained in Article 8.4 of my collective bargaining agreement and voluntarily donate the above days. I understand I will be able to request withdrawal of days from the Bank according to the policy should it become necessary. Signature Date ...................................................... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 DONATION APPROVED: , Committee Chairperson Date {01090176} 22 SCHEDULE C SICK LEAVE BANK REQUEST FORM TO BE COMPLETED BY THE EMPLOYEE REQUESTING LEAVE Name Position/Title Department ...................................................... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NUMBER OF DAYS REQUESTED FROM THE SICK LEAVE BANK: Please give a description of the illness or accident related to the request for Sick Leave Bank benefits (additional sheets may be used if necessary), and submit verifying medical documentation. I hereby authorize the Town of Wappinger to release information from my personnel file regarding my medical history, physician's records and/or letter, and use of sick leave in order that the Sick Leave Bank Committee may determinate if I am eligible for leave days from the Sick Leave Bank. I understand the Sick Leave Bank policy and that the decision of the Sick Leave Bank Committee is final. Employee's Signature (of family member/agent) Date ...................................................... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 FOR SICK LEAVE BANK COMMITTEE OFFICE USE ONLY REQUEST APPROVED: ( ) YES ( ) NO NUMBER OF DAY APPROVED: SIGNATURE OF COMMITTEE CHAIRPERSON: DATE: {01090176} 23 Introduction New York State is a national leader in the fight against sexual harassment and is partnering with employers across the state to further our commitment to ending sexual harassment in the workplace This toolkit will provide you step-by-step guidance to implementing the required training and sexual harassment policy, directing you to resources available through New York State and the relevant state agencies. These resources are all available on the State's Combating Sexual Harassment in the Workplace website: www.ny.gov/programs/combating-sexual-harassment-workplace. What are the New Requirements? The 2019 New York State Budget includes the nation's strongest and most comprehensive sexual harassment package, including new resources and requirements for employers. There are two key components under this law: Policy (see pages 2-4) Under the new law, every employer in New York State is required to establish a sexual harassment prevention policy. The Department of Labor in consultation with the Division of Human Rights has established a model sexual harassment prevention policy for employers to adopt, available at www.ny.gov/programs/combating-sexual-harassment-workplace. Or, employers may adopt a similar policy that meets or exceeds the minimum standards of the model policy (www.ny.gov/combating-sexual-harassment-workplace/employers#model-sexual-harassment-policy). Training (see pages 5-6) In addition, every employer in New York State is required to provide employees with sexual harassment prevention training. The Department of Labor in consultation with the Division of Human Rights has established this model training for employers to use. Or, employers may use a training program that meets or exceeds the minimum standards of the model training (www.ny.gov/combating-sexual-harassment-workplace/employers#training-requirements). Sexual Harassment Prevention Toolkit for Employers I Page 1 Policy: Implementation All employers must adopt and provide a sexual harassment prevention policy to all employees by October 9, 2018. If you want to adopt the State Model Policy: • The State Model Policy contains fields for you to list your business name and the name/contact information for the individual(s) you have designated to receive sexual harassment complaints. Fill in those fields and apply whatever branding (e.g., logos, etc.) you like. You may choose to modify the policy to reflect the work of your organization and industry specific scenarios or best practices. • Distribute the policy to all employees in writing or electronically. Employers are also encouraged to have employees acknowledge receipt of the policy, and to post a copy of the policy where employees can easily access it. If you already have a policy and do NOT want to adopt the State Model Policy: • Use the checklist on the next page to ensure your policy meets or exceeds the required minimum standards. • If it already meets those standards, ensure it already has been or will be distributed to employees by October 9, 2018. All future new employees should receive the policy before commencing work. • Ensure your complaint form and process are up to date and that employees are made aware of it as part of the policy. • If you do not have a complaint form, a model is available online: www.nv.gov/combating- sexual-harassment-workplace/employers#model-complaint-form • Review the online FAQs, which outline numerous common questions that may arise. www.nv.gov/combating-sexual-harassment-workplace/combating-sexual-harassment- frequently-asked-questions • Distribute a copy of your finalized policy to all employees in writing. This maybe done electronically, for example, by email. Employers are also encouraged to have employees acknowledge receipt of the policy, and to post a copy of the policy where employees can easily access it. • You are also encouraged to provide the policy and training to anyone providing services in the workplace. Sexual Harassment Prevention Toolkit for Employers I Page 2 If you do NOT yet have a policy: • Download the model policy, available online: www.ny.gov/combating-sexual-harassment- workplace/employers#model-sexual-harassment-policy • Customize the document by filling in the employer name, person or office designated to receive complaints and appropriate contact information, as highlighted throughout. • You may choose to modify the policy to reflect the work of your organization and industry specific scenarios or best practices. • Review the online FAQs, which outline numerous common questions that may arise. www.nv.gov/combating-sexual-harassment-workplace/combating-sexual-harassment- frequently-asked-questions • Distribute a copy of your finalized policy to all employees in writing. This maybe done electronically, for example, by email. Employers are also encouraged to have employees acknowledge receipt of the policy, and to post a copy of the policy where employees can easily access it. • You are also encouraged to provide the policy and training to anyone providing services in the workplace. Sexual Harassment Prevention Toolkit for Employers I Page 3 Policy: Minimum Standards Checklist An employer that does not use the State model policy -- developed by the State Department of Labor and State Division of Human Rights -- must ensure their policy meets or exceeds the following minimum standards. The policy must: ❑ Prohibit sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights; ❑ Provide examples of prohibited conduct; ❑ Include information concerning the federal and state statutory provisions concerning sexual harassment, remedies available to victims of sexual harassment, and a statement that there may be applicable local laws; ❑ Include a complaint form; ❑ Include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties; ❑ Inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially; ❑ Clearly state that sexual harassment is considered a form of employee misconduct and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue; and ❑ Clearly state that retaliation against individuals who complain of sexual harassment or who testify or assist in any investigation or proceeding involving sexual harassment is unlawful. Sexual Harassment Prevention Toolkit for Employers I Page 4 Training: Instructions for Employers All employers are required to train current employees by October 9, 2019. New employees should be trained as quickly as possible. In addition, all employees must complete sexual harassment prevention training at least once per year. This may be based on calendar year, anniversary of each employee's start date or any other date the employer chooses. If you already have a training: • Use the checklist on the next page to ensure your training meets or exceeds the required minimum standards. • If your existing training does not, it should be updated to include all the listed elements. You may also provide supplemental training to employers who have already completed the training to ensure they have received training that meets or exceeds the minimum standards. • Review the online FAQs, which outline numerous common questions that may arise. www.nv.gov/combating-sexual-harassment-workplace/combating-sexual-harassment- frequently-asked-questions If you do NOT vet have a training: • Download the model training, available online: www.nv.gov/combating-sexual-harassment- workplace/employers#training-requirements. o You may execute this training in a variety of ways, including live in person, via webinar or on an individual basis, with feedback as outlined in the training guidance document. o Depending on how you choose to present your training, you may utilize different available resources. For example, if you do a live presentation, you should download the PowerPoint and read the script that appears in the "Notes" of each slide. o If you choose to train employees with the video, you may direct them to watch it online or download it and show to a group, after which you would provide them a mechanism for feedback, as outlined in the training guidance document. • Customize the training document(s) and modify them to reflect the work of your organization, including industry specific scenarios or best practices. • The training should detail any internal process employees are encouraged to use to complain and include the contact information for the specific name(s) and office(s) with which employees alleging harassment should file their complaints. • You may wish to include additional interactive activities as part of the training, including an opening activity, role playing or group discussion(s). • Review the online FAQs, which outline numerous common questions that may arise. www.nv.gov/combating-sexual-harassment-workplace/combating-sexual-harassment- frequently-asked-questions Sexual Harassment Prevention Toolkit for Employers I Page 5 Training: Minimum Standards Checklist An employer that does not use this model training -- developed by the State Department of Labor and State Division of Human Rights -- must ensure their training meets or exceeds the following minimum standards. The training must: ❑ Be interactive (see the model training guidance document for specific recommendations); ❑ Include an explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights; ❑ Include examples of unlawful sexual harassment; ❑ Include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to targets of sexual harassment; ❑ Include information concerning employees' rights of redress and all available forums for adjudicating complaints; and ❑ Include information addressing conduct by supervisors and additional responsibilities for supervisors. Sexual Harassment Prevention Toolkit for Employers I Page 6 TOWN OF WAPPINGER Sexual Harassment Policy Effective 10/9/2018 Introduction Town of Wappinger is committed to maintaining a workplace free from sexual harassment. Sexual harassment is a form of workplace discrimination. All employees are required to work in a manner that prevents sexual harassment in the workplace. This Policy is one component of Town of Wappinger commitment to a discrimination -free work environment. Sexual harassment is against the law' and all employees have a legal right to a workplace free from sexual harassment and employees are urged to report sexual harassment by filing a complaint internally with Town of Wappinger. Employees can also file a complaint with a government agency or in court under federal, state or local antidiscrimination laws. Policy: 1. Town of Wappinger policy applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors and persons conducting business, regardless of immigration status, with Town of Wappinger. In the remainder of this document, the term "employees" refers to this collective group. 2. Sexual harassment will not be tolerated. Any employee or individual covered by this policy who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary action (e.g., counseling, suspension, termination). 3. Retaliation Prohibition: No person covered by this Policy shall be subject to adverse action because the employee reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint. Town of Wappinger will not tolerate such retaliation against anyone who, in good faith, reports or provides information about suspected sexual harassment. Any employee of Town of Wappinger who retaliates against anyone involved in a sexual harassment investigation will be subjected to disciplinary action, up to and including termination. All employees, paid or unpaid interns, or non-employees2 working in the workplace who believe they have been subject to such retaliation should inform a supervisor, manager, or Board designated H.R. Manager or Town Supervisor. All employees, paid or unpaid interns or non -employees who believe they have been a target of such retaliation may also seek relief in other available forums, as explained below in the section on Legal Protections. While this policy specifically addresses sexual harassment, harassment because of and discrimination against persons of all protected classes is 4) prohibited. In New York State, such classes includeage, race, creed, color, national origin, sexual orientation, military status, sex, disability, marital t status, domestic violence victim status, gender identity and criminal history. v 2 A non-employee is someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace. Protected non -employees include persons commonly referred to as independent contractors, "gig" workers and temporary workers. Also included are Q persons providing equipment repair, cleaning services or any other services provided pursuant to a contract with the employer. Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti -harassment policy and procedure. Packet Pg. 55 4. Sexual harassment is offensive, is a violation of our policies, is unlawful, and may subject Town of Wappinger to liability for harm to targets of sexual harassment. Harassers may also be individually subject to liability. Employees of every level who engage in sexual harassment, including managers and supervisors who engage in sexual harassment or who allow such behavior to continue, will be penalized for such misconduct. 5. Town of Wappinger will conduct a prompt and thorough investigation that ensures due process for all parties, whenever management receives a complaint about sexual harassment, or otherwise knows of possible sexual harassment occurring. Town of Wappinger will keep the investigation confidential to the extent possible. Effective corrective action will be taken whenever sexual harassment is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal investigation of sexual harassment. 6. All employees are encouraged to report any harassment or behaviors that violate this policy Town of Wappinger will provide all employees a complaint form for employees to report harassment and file complaints. 7. Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of, to Board designated H.R. Manager or Town Supervisor. 8. This policy applies to all employees, paid or unpaid interns, and non -employees and all must follow and uphold this policy. This policy must be provided to all employees and should be posted prominently in all work locations to the extent practicable (for example, in a main office, not an offsite work location) and be provided to employees upon hiring. What Is "Sexual Harassment"? Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self -identified or perceived sex, gender expression, gender identity and the status of being transgender. Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual's sex when: • Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment; • Such conduct is made either explicitly or implicitly a term or condition of employment; or • Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual's employment. Page 2 of 8 A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual's sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient's job performance. Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called "quid pro quo" harassment. Any employee who feels harassed should report so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this policy. Examples of sexual harassment The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited: • Physical acts of a sexual nature, such as: o Touching, pinching, patting, kissing, hugging, grabbing, brushing against another employee's body or poking another employee's body; o Rape, sexual battery, molestation or attempts to commit these assaults. • Unwanted sexual advances or propositions, such as: o Requests for sexual favors accompanied by implied or overt threats concerning the target's job performance evaluation, a promotion or other job benefits or detriments; o Subtle or obvious pressure for unwelcome sexual activities. • Sexually oriented gestures, noises, remarks or jokes, or comments about a person's sexuality or sexual experience, which create a hostile work environment. • Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look. • Sexual or discriminatory displays or publications anywhere in the workplace, such as: o Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace. • Hostile actions taken against an individual because of that individual's sex, sexual orientation, gender identity and the status of being transgender, such as: o Interfering with, destroying or damaging a person's workstation, tools or equipment, or otherwise interfering with the individual's ability to perform the job; o Sabotaging an individual's work; o Bullying, yelling, name-calling. Page 3 of 8 Who can be a target of sexual harassment? Sexual harassment can occur between any individuals, regardless of their sex or gender. New York Law protects employees, paid or unpaid interns, and non -employees, including independent contractors, and those employed by companies contracting to provide services in the workplace. Harassers can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor. Where can sexual harassment occur? Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices or during non -work hours. Retaliation Unlawful retaliation can be any action that could discourage a worker from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours). Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in "protected activity." Protected activity occurs when a person has: • made a complaint of sexual harassment, either internally or with any anti -discrimination agency; • testified or assisted in a proceeding involving sexual harassment under the Human Rights Law or other anti -discrimination law; • opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment; • reported that another employee has been sexually harassed; or • encouraged a fellow employee to report harassment. Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment. Reporting Sexual Harassment Page 4 of 8 Preventing sexual harassment is everyone's responsibility. Town of Wappinger cannot prevent or remedy sexual harassment unless it knows about it. Any employee, paid or unpaid intern or non- employee who has been subjected to behavior that may constitute sexual harassment is encouraged to report such behavior to a supervisor, manager or Board designated H.R. Manager or Town Supervisor. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to a supervisor, manager or Board designated H.R. Manager or Town Supervisor. Reports of sexual harassment may be made verbally or in writing. A form for submission of a written complaint is attached to this Policy, and all employees are encouraged to use this complaint form. Employees who are reporting sexual harassment on behalf of other employees should use the complaint form and note that it is on another employee's behalf. Employees, paid or unpaid interns or non -employees who believe they have been a target of sexual harassment may also seek assistance in other available forums, as explained below in the section on Legal Protections. Supervisory Responsibilities All supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual harassment is occurring, are required to report such suspected sexual harassment to Board designated H.R. Manager or Town Supervisor. In addition to being subject to discipline if they engaged in sexually harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue. Supervisors and managers will also be subject to discipline for engaging in any retaliation. Complaint and Investigation of Sexual Harassment All complaints or information about sexual harassment will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner, and will be confidential to the extent possible. An investigation of any complaint, information or knowledge of suspected sexual harassment will be prompt and thorough, commenced immediately and completed as soon as possible. The investigation will be kept confidential to the extent possible. All persons involved, including complainants, witnesses and alleged harassers will be accorded due process, as outlined below, to protect their rights to a fair and impartial investigation. Any employee may be required to cooperate as needed in an investigation of suspected sexual harassment. Town of Wappinger will not tolerate retaliation against employees who file complaints, support another's complaint or participate in an investigation regarding a violation of this policy. Page 5 of 8 While the process may vary from case to case, investigations should be done in accordance with the following steps: • Upon receipt of complaint, Board designated H.R. Manager or Town Supervisor will conduct an immediate review of the allegations, and take any interim actions (e.g., instructing the respondent to refrain from communications with the complainant), as appropriate. If complaint is verbal, encourage the individual to complete the "Complaint Form" in writing. If he or she refuses, prepare a Complaint Form based on the verbal reporting. • If documents, emails or phone records are relevant to the investigation, take steps to obtain and preserve them. • Request and review all relevant documents, including all electronic communications • Interview all parties involved, including any relevant witnesses; • Create a written documentation of the investigation (such as a letter, memo or email), which contains the following: o A list of all documents reviewed, along with a detailed summary of relevant documents; o A list of names of those interviewed, along with a detailed summary of their statements; o A timeline of events; o A summary of prior relevant incidents, reported or unreported; and o The basis for the decision and final resolution of the complaint, together with any corrective action(s). • Keep the written documentation and associated documents in a secure and confidential location. • Promptly notify the individual who reported and the individual(s) about whom the complaint was made of the final determination and implement any corrective actions identified in the written document. • Inform the individual who reported of the right to file a complaint or charge externally as outlined in the next section. Legal Protections And External Remedies Sexual harassment is not only prohibited by Town of Wappinger but is also prohibited by state, federal, and, where applicable, local law. Aside from the internal process at Town of Wappinger, employees may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney. In addition to those outlined below, employees in certain industries may have additional legal protections. Page 6 of 8 State Human Rights Law (HRL) The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State with regard to sexual harassment, and protects employees, paid or unpaid interns and non -employees, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the Division of Human Rights (DHR) or in New York State Supreme Court. Complaints with DHR may be filed any time within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court. Complaining internally to Town of Wappinger does not extend your time to file with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment. You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney's fees and civil fines. DHR's main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: www.dhr.nv.qov. Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR's regional offices across New York State. Civil Rights Act of 1964 The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti- discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court. The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC. Page 7 of 8 An employee alleging discrimination at work can file a "Charge of Discrimination." The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669- 4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info(a-)-eeoc.gov. If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court. Local Protections Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nvc.gov/html/cchr/html/home/home.shtml. Contact the Local Police Department If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department. Page 8 of 8 TOWN OF WAPPINGER Sexual Harassment Complaint Form Effective 10/9/2018 New York State Labor Law requires all employers to adopt a sexual harassment prevention policy that includes a complaint form to report alleged incidents of sexual harassment. If you believe that you have been subjected to sexual harassment, you are encouraged to complete this form and submit it to a Board designated H.R. Manager or Town Supervisor. You will not be retaliated against for filing a complaint. If you are more comfortable reporting verbally or in another manner, your employer should complete this form, provide you with a copy and follow its sexual harassment prevention policy by investigating the claims as outlined at the end of this form. For additional resources, visit: ny.gov/programs/combating-sexual-harassment-workplace COMPLAINANT INFORMATION Name: Work Address: Job Title: Select Preferred Communication Method SUPERVISORY INFORMATION Immediate Supervisor's Name: Title Work Phone: Email: ❑Email ❑Phone ❑In person Adoption of this form does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual harassment will be determined in accordance with existing legal standards, with due consideration of the particular page 1 of 3 facts and circumstances of the claim, including but not limited to the existence of an effective anti -harassment policy and procedure. COMPLAINT INFORMATION 1. Your complaint of Sexual Harassment is made about: Name: Title: Work Address: Work Phone: Relationship to you: ❑Supervisor ❑Subordinate ❑Co -Worker ❑Other 2. Please describe what happened and how it is affecting you and your work. Please use additional sheets of paper if necessary and attach any relevant documents or evidence. 3. Date(s) sexual harassment occurred: Is the sexual harassment continuing? ❑Yes ❑No 4. Please list the name and contact information of any witnesses or individuals who may have information related to your complaint: The last question is optional, but may help the investigation. 5. Have you previously complained or provided information (verbal or written) about related incidents? If yes, when and to whom did you complain or provide information? If you have retained legal counsel and would like us to work with them, please provide their contact information. Signature: Date: Packet Pg. 64 Instructions for Employers If you receive a complaint about alleged sexual harassment, follow your sexual harassment prevention policy. An investigation involves: • Speaking with the employee • Speaking with the alleged harasser • Interviewing witnesses • Collecting and reviewing any related documents While the process may vary from case to case, all allegations should be investigated promptly and resolved as quickly as possible. The investigation should be kept confidential to the extent possible Document the findings of the investigation and basis for your decision along with any corrective actions taken and notify the employee and the individual(s) against whom the complaint was made This may be done via email. Packet Pg. 65 LOCAL LAW NO. 9 OF THE YEAR 2018 TOWN OF WAPPINGER CODE OF ETHICS BE IT ENANCTED by the Town Board of the Town of Wappinger as follows: Section -I: TITLE: This Local Law shall be known and cited as "Town of Wappinger Code of Ethics" Section -II: REPEAL OF EXISTING CHAPTER 20 Town of Wappinger Local Law 2 of 1970, which is codified at Chapter 20 of the Town of Wappinger Code entitled "Ethics, Code of is hereby repealed in its entirety. Section -III: ADOPTION OF A NEW CHAPTER 20 A new Chapter 20 of the Town Code of the Town of Wappinger is hereby adopted to read as follows: "CHAPTER 20. CODE OF ETHICS § 20-1. Legislative Intent. Article 18 of the General Municipal Law prohibits the officers and employees of a municipality from having certain conflicts of interest. Specifically, section 806 of the General Municipal Law requires the governing body of each county, city (other than the City of New York), town, village, school district and fire district to adopt a code of ethics that sets forth guidance for its elected officials, officers and employees of the standards of conduct reasonably expected of them. The code of ethics adopted by a governing body of a municipality must set forth standards of conduct for the guidance of the officers and employees of the municipality with respect to disclosure of interests in legislation before the local governing body, holding of investments in conflict with official duties, private employment in conflict with official duties, future employment, and such other standards as may be deemed appropriate and advisable. § 20-2. Purpose. The Town Board acknowledges and emphasizes that the officers and employees of the Town of Wappinger hold their positions to serve and benefit the public, and not for obtaining unwarranted personal or private gain in the exercise and performance of their official powers and duties. The Town Board of the Town of Wappinger recognizes that, in furtherance of this fundamental principle, there is a need for clear and reasonable standards of ethical conduct. It is the intention of the Town Board to establish those standards by the adoption of this Chapter. § 20-3. Definitions. A) "Board" means the Town Board of the Town of Wappinger and any committee, administrative board appointed by the Town Board (e.g. Planning Board, Zoning of Board of Appeals) commission, or other agency, body or department comprised of two or more municipal officers or employees. B) "Code" means this Code of Ethics. C) "Interest" means a direct or indirect financial or material benefit but does not include any benefit arising from the provision or receipt of any services generally available to the residents or taxpayers of the municipality or an area of the municipality, or a lawful class of such residents or taxpayers. A municipal officer or employee is deemed to have an interest in any private organization when he or she, his or her spouse, or a member of his or her household, is an owner, partner, member, director, officer, employee, or directly or indirectly owns or controls more than 5% of the outstanding stock or owns or controls more than a 5% interest of any corporation, partnership, limited partnership, limited liability company or other business entity. D) "Municipality" means the Town of Wappinger. The word "municipal" refers to the municipality. E) "Municipal officer or employee" means a paid or unpaid officer or employee of the Town of Wappinger, including, but not limited to, the members of any municipal board, whether elected or appointed. F) "Relative" means a spouse, domestic partner (as defined in NYS Law), parent, step-parent, sibling, step -sibling, sibling's spouse, child, child's spouse, step -child, uncle, aunt, nephew, niece, first cousin, or household member of a municipal officer or employee, and individuals having any of these relationships to the spouse of the officer or employee. § 20-4. Applicability. A) This code of ethics applies to the municipal officers and employees of the Town of Wappinger and shall supersede any prior municipal code of ethics previously adopted by the Town of Wappinger. The provisions of this code of ethics shall apply in addition to all applicable State and local laws relating to conflicts of interest and ethics including, but not limited to, Article 18 of the General Municipal Law and all rules, regulations, policies and procedures of the Town of Wappinger. 2 B) This code of ethics shall not apply to any consultants employed by the Town Board. Planning Board, Zoning Board of Appeals, or other agency or department including, but not limited to, engineers, attorneys, environmental consultants, accountants, auditors, or other professional consultants employed by the Town in an independent capacity. C) Notwithstanding the foregoing and to the extent permitted by law or regulation, any consultant employed by the Town must disclose any interest or affiliation the consultant has with any individual or business entity when such individual or business entity has a matter pending before the Town or any of its boards, agencies or departments and the consultant in the performance of his or her duties must render professional advice or give an opinion to the Town in connection with such pending matter. (Need citation of Mark Davies) § 20-5. Prohibition on use of municipal position for personal or private gain. No municipal officer or employee shall use his or her municipal position or official powers and duties to secure a financial or material benefit for himself or herself, a relative, or any private organization in which he or she is deemed to have an interest. § 20-6. Disclosure of interest in legislation and other matters. A) Whenever a matter requiring the exercise of discretion comes before a municipal officer or employee, either individually or as a member of a board, and disposition of the matter could result in a direct or indirect financial or material benefit to himself or herself, a relative, or any private organization in which he or she is deemed to have an interest, the municipal officer or employee shall disclose in writing the nature of the interest. B) The disclosure shall be made when the matter requiring disclosure first comes before the municipal officer or employee, or when the municipal officer or employee first acquires knowledge of the interest requiring disclosure, whichever is earlier. C) In the case of a person serving in an elective office, the disclosure shall be filed with the Town Board. In all other cases, the disclosure shall be filed with the person's supervisor or, if the person does not have a supervisor, the disclosure shall be filed with the municipal officer, employee or board having the power to appoint to the person's position. In addition, in the case of a person serving on a municipal board or committee, a copy of the disclosure shall be filed with such board or committee. Any disclosure made to such board or committee shall be made publicly at a meeting of the board or committee and must be included in the minutes of the meeting. Copies of all disclosures shall also be filed with the Town Clerk. 3 § 20-7. Recusal and abstention. A) No municipal officer or employee may participate in any decision or take any official action with respect to any matter requiring the exercise of discretion, including discussing the matter and voting on it, when he or she knows or has reason to know that the action could confer a direct or indirect financial or material benefit on himself or herself, a relative, or any private organization in which he or she is deemed to have an interest. B) In the event that this section prohibits a municipal officer or employee from exercising or performing a power or duty: (1) if the power or duty is vested in a municipal officer as a member of a board, then the power or duty shall be exercised or performed by the other members of the board; or (2) if the power or duty that is vested in a municipal officer individually, then the power or duty shall be exercised or performed by his or her deputy or, if the officer does not have a deputy, the power or duty shall be performed by another person to whom the officer may lawfully delegate the function. (3) if the power or duty is vested in a municipal employee, he or she must refer the matter to his or her immediate supervisor, and the immediate supervisor shall designate another person to exercise or perform the power or duty. § 20-8. Prohibition inapplicable; disclosure, recusal and abstention not required. A) This code's prohibition on use of a municipal position (� 20-5), disclosure requirements (� 20-6), and requirements relating to recusal and abstention (� 20-7), shall not apply with respect to the following matters: (1) adoption of the municipality's annual budget; (2) any matter requiring the exercise of discretion that directly affects any of the following groups of people or a lawful class of such groups: (a) all municipal officers or employees; (b) all residents or taxpayers of the municipality or an area of the municipality; or (c) the general public; or (3) any matter that does not require the exercise of discretion. B) Recusal and abstention shall not be required with respect to any matter: 4 (1) which comes before a board when a majority of the board's total membership would otherwise be prohibited from acting by � 20-7 of this code; (2) which comes before a board when either New York State Law or the Town's rules require a super majority of the boards total membership to undertake any affirmative action and such recusal or abstention will result in less than the required number of members to take affirmative action to adopt or pass any resolution or local law. (3) which comes before a municipal officer when the officer would be prohibited from acting by � 20-7 of this code and the matter cannot be lawfully delegated to another person. 20-9. Investments in conflict with official duties. A) No municipal officer or employee may acquire the following investments: (1) investments that can be reasonably expected to require more than sporadic recusal and abstention under � 20-7 of this code; or (2) investments that would otherwise impair the person's independence of judgment in the exercise or performance of his or her official powers and duties. B) This section does not prohibit a municipal officer or employee from acquiring any other investments or the following assets: (1) real property located within the municipality and used as his or her personal residence; (2) less than five percent of the stock of a publicly traded corporation; or (3) bonds or notes issued by the municipality and acquired more than one year after the date on which the bonds or notes were originally issued. 20-10. Private employment in conflict with official duties. A) No municipal officer or employee, during his or her tenure as a municipal officer or employee, may engage in any private employment, including the rendition of any business, commercial, professional or other types of services, when the employment: (1) can be reasonably expected to require more than sporadic recusal and abstention pursuant to � 20-7 of this code; 5 (2) can be reasonably expected to require disclosure or use of confidential information gained by reason of serving as a municipal officer or employee; (3) violates section 805-a(1)(c) or (d) of the General Municipal Law; or (4) requires representation of a person or organization other than the municipality in connection with litigation, negotiations or any other matter to which the municipality is a party. 20-11. Future employment. A) No municipal officer or employee may ask for, pursue or accept a private post -government employment opportunity with any person or organization that has a matter requiring the exercise of discretion pending before the municipal officer or employee, either individually or as a member of a board, while the matter is pending or within the 30 days following final disposition of the matter. B) For a period of one year following termination of service as a municipal officer or employee, no municipal officer or employee may represent or render services to a private person or organization in connection with any particular transaction in which he or she personally and substantially participated while serving as a municipal officer or employee. C) No municipal officer or employee, at any time after serving as a municipal officer or employee, may represent or render services to a private person or organization in connection with any particular transaction in which he or she personally and substantially participated while serving as a municipal officer or employee. § 20-12. Personal representations and claims permitted. This code shall not be construed as prohibiting a municipal officer or employee from: (1) representing himself or herself, or his or her spouse or minor children before any of the board's committees or agencies of the Town; or (2) asserting a claim against any of the board's committees or agencies of the Town on his or her own behalf, or on behalf of his or her spouse or minor children. § 20-13. Use of municipal resources A) Municipal resources shall be used for lawful municipal purposes. Municipal resources include, but are not limited to, municipal personnel, and the municipality's money, vehicles, equipment, materials, supplies or other property. 6 B) No municipal officer or employee may use or permit the use of municipal resources for personal or private purposes, but this provision shall not be construed as prohibiting: (1) any use of municipal resources authorized by law or municipal policy; (2) the use of municipal resources for personal or private purposes when provided to a municipal officer or employee as part of his or her compensation; or (3) the occasional and incidental use during the business day of municipal telephones and computers for necessary personal matters such as family care and changes in work schedule. C) No municipal officer or employee shall cause the municipality to spend more than is reasonably necessary for transportation, meals or lodging in connection with official travel. D) No municipal officer or employee shall use Town of Wappinger stationary except in the normal course of business of the Town of Wappinger. Under no circumstances shall Town of Wappinger stationary be used by any officer or employee for personal or private use unrelated to the normal course of business of the Town of Wappinger. § 20-14. Interests in Contracts. A) No municipal officer or employee may have an interest in a contract that is prohibited by section 801 of the General Municipal Law. B) Every municipal officer and employee shall disclose interests in contracts with the municipality at the time and in the manner required by section 803 of the General Municipal Law. § 20-15. Nepotism. Except as otherwise required by law: A) No municipal officer or employee, either individually or as a member of a board, may participate in any decision specifically to appoint, hire, promote, discipline or discharge a relative for any position at, for or within the municipality or a municipal board unless such relative was reelected as a municipal officer or employee prior to the adoption of this Code of Ethics or prior to the municipal officer having assumed municipal duties. B) No municipal officer or employee may supervise a relative in the performance of the relative's official powers or duties unless such relative was reelected as a municipal officer or employee prior to the adoption of this Code of Ethics, or prior to the municipal officer having assumed municipal duties. 7 § 20-16. Political Solicitations. A) No municipal officer or employee shall directly or indirectly attempt to compel, compel or induce a subordinate municipal officer or employee to make, or promise to make, any political contribution, whether by gift of money, service or other thing of value. B) No municipal officer or employee may act or decline to act in relation to appointing, hiring or promoting, discharging, disciplining, or in any manner changing the official rank, status or compensation of any municipal officer or employee, or an applicant for a position as a municipal officer or employee, on the basis of the giving or withholding or neglecting to make any contribution of money or service or any other valuable thing for any political purpose. C) The Town Board may regulate political contributions in contracts for professional services that are not subject to competitive bidding in a manner consistent with constitutional rights of free speech and political association and that are not in conflict with any general laws of the State of New York. 20-17. Confidential Information. No municipal officer or employee who acquires confidential information in the course of exercising or performing his or her official powers or duties may disclose or use such information unless the disclosure or use is required by law or in the course of exercising or performing his or her official powers and duties. § 20-18. Gifts. A) No municipal officer or employee shall solicit, accept or receive a gift in violation of 805-a(1)(a) of the General Municipal Law as interpreted in this section. B) No municipal officer or employee may directly or indirectly solicit any gift. C) No municipal officer or employee may accept or receive any gift, or multiple gifts from the same donor, having an annual aggregate value of seventy-five dollars or more when: (1) the gift reasonably appears to be intended to influence the officer or employee in the exercise or performance of his or her official powers or duties; (2) the gift could reasonably be expected to influence the officer or employee in the exercise or performance of his or her official powers or duties; or I (3) the gift is intended as a reward for any official action on the part of the officer or employee. D) For purposes of this section, a "gift" includes anything of value, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form. The value of a gift is the gift's fair market value, determined by the retail cost of the item or a comparable item. The fair market value of a ticket entitling the holder to food, refreshments, entertainment, or any other benefit is the face value of the ticket, or the actual cost to the donor, whichever is greater. Determination of whether multiple gifts from a single donor exceed seventy-five dollars must be made by adding together the value of all gifts received from the donor by an officer or employee during the twelve-month period preceding the receipt of the most recent gift. E) A gift to a municipal officer or employee is presumed to be intended to influence the exercise or performance of his or her official powers or duties when the gift is from a private person or organization that seeks municipal action involving the exercise of discretion by or with the participation of the officer or employee. F) A gift to a municipal officer or employee is presumed to be intended as a reward for official action when the gift is from a private person or organization that has obtained municipal action involving the exercise of discretion by or with the participation of the officer or employee during the preceding twelve months. G) This section does not prohibit any other gift, including: (1) gifts made to the municipality; (2) gifts from a person with a family or personal relationship with the officer or employee when the circumstances make it clear that the personal relationship, rather than the recipient's status as a municipal officer or employee, is the primary motivating factor for the gift; (3) gifts given on special occasions, such as marriage, illness, or retirement, which are modest, reasonable and customary; (4) unsolicited advertising or promotional material of little intrinsic value, such as pens, pencils, note pads, and calendars; (5) awards and plaques having a value of seventy-five dollars or less which are publicly presented in recognition of service as a municipal officer or employee, or other service to the community; or (6) meals and refreshments provided when a municipal officer or employee is a speaker or participant at a job-related professional or 9 educational conference or program and the meals and refreshments are made available to all participants. § 20-19. Board of Ethics. A) There is hereby established a Board of Ethics consisting of five 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 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) Such members of the board of ethics shall serve without compensation for a term of two years commencing with the January following the general election of Town Board members, but at the pleasure of the Town Board. C) The members of such Board of Ethics shall be recommended by a Councilmember or the Supervisor. D) The Town Board shall appoint the members of the Board of Ethics and designate the chairperson thereof. E) Members of the Board of Ethics may not serve on any Board other than the Town Board. § 20-20. Duties of the Board of Ethics A) The board of ethics shall render advisory opinions to the officers and employees of the Town of Wappinger with respect to any matter identified in Article 18 of the General Municipal Law and this code. Such advisory opinions must be rendered pursuant to the written request of any such officer or employee under such rules and regulations as the board of ethics may prescribe. B) 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 member be disclosed except to authorized persons and agencies. C) The Board of Ethics shall have subpoena powers and may solicit the advice of legal counsel employed by the Board of Ethics, or if none, the Town's legal counsel. D) In addition, the board of ethics may make recommendations with respect to the drafting and adoption of a code of ethics, or amendments thereto, upon the request of the Town Board. 10 § 20-21. Posting and distribution. A) The Town Clerk must promptly cause a copy of this code, and a copy of any amendment to this code, to be posted publicly and conspicuously in each building under the municipality's control. The code must be posted within ten days following the date on which the code takes effect. An amendment to the code must be posted within ten days following the date on which the amendment takes effect. B) The Town Clerk must promptly cause a copy of this code, including any amendments to the code, to be distributed to every person who is or becomes an officer and employee of the Town of Wappinger. C) Every municipal officer or employee who receives a copy of this code or an amendment to the code must acknowledge such receipt in writing. Such acknowledgments must be filed with the Town Clerk who must maintain such acknowledgments as a public record. D) The failure to post this code or an amendment to the code does not affect either the applicability or enforceability of the code or the amendment. The failure of a municipal officer or employee to receive a copy of this code of ethics or an amendment to the code, or to acknowledge receipt thereof in writing, does not affect either the applicability or enforceability of the code or amendment to the code. 20-22. Promulgation of rules and regulations. The 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. § 20-23. Use of Town Funds for Budgetary purposes. The Town Board shall annually appropriate enough moneys from the general town funds for the maintenance of, and for advisory 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. 20-24. Enforcement. Any municipal officer or employee who violates this code may be censured, fined, suspended or removed from office or employment in the manner provided by law. § 20-25. Separability The provisions of the Local Law creating this Chapter are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to 11 be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section -IV: Numbering for Codification: It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section -V: Effective Date: This Chapter shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law. 12 Packet Pg. 78 u r le N Co O N N W w Im O O r O N Q .i U t. � ao 00 00 00 0o ao co y c�0000000 T T T T T T T O N N N N N N N 0 0 0 0 0 0 0 m 0 0 0 0 0 0 0 W Q 00 00 O O N N L L 0 m inCl cr)M/Y^ T /Y^ VJ VJ O N N O O E cL€ 0 O 3 a� O c O r W ON N a E N O 0 :3 Cn- i O W ■ m L Z +O+ L TWO L ID 0 0O cts o o O 0 0 0 CDa)o O E C U .a U U P /� W N _ 0 N _ CA fYA to D > 7 O N O00 co co co Co Co Co N V p�0000000 r r r r r r r N CN N Cq N � N N N N D lqr fD 1,- c0 N M N N N N O O O QW W 0 T T r O OO O 00 00 00 00 00 rJ0 d r N m r 0 N O r 0 N r 0 N M r 0 N T r 0 N N r 0 N A G N N N N O O O ♦V♦/ V 0�0 - W U Z'S O U CL E C L N LL N0 - U L CD L N C C O L c as ,NY 4) LY OU -a�oJ� m CID m N CF L C6 -F- 3 U 0 V L fn m U .0 SC N O Z> 2 7 U 2 af H 0 0 00 0 0 0 0 m m m m m m m 3 3 3 3 3 3 3 oI�NF°-Hf°— G} N M o r - M 0 0 0 0 000 E999.999 O D o m m O m o Z O OO 0 0 0 0 0 00000ao Packet Pg. 78 u r le N Co O N N W w Im O O r O N Q .i U t. �olgllolnq 8.,z.e 2019 BUDGET NEW HACKENSACK FIRE DISTRICT Town of Wappinger, New York County of Dutchess File with the Town Budget Officer by November 7, 2017 These estimates were approved on August 29, 2018 Joseph Norton Commissioner Robert Bitzko Commissioner J. Howard Prager Commissioner Kyle Pottenburgh Commissioner Roderick MacLeod Chairman It is not necessary for the Commissioners to sign this budget if the Fire District Secretary completes the following certificate. This is to certify that the estimates were approved by the Fire Commissioners on: August 29, 2018 Frank P. Borquist Fire District Secretary NEW YORK STATE DEPARTMENT OF AUDIT AND CONTROL DIVISION OF MUNICIPAL AFFAIRS ALBANY, NEW YORK ISR,IECC1EjW F. D SEP 2 4 2018 TOWN OF WAPPINGER. TOWN CLERK Packet Pg. 79 SUMMARY OF BUDGET Appropriations: $1,260,498_.88_ Less: Estimated Revenues $2,000.00 Estimated Unexpended Balances $5,000.00 Total Estimated Revenues and Unexpended Balances $7,000.00 To be Raised by Real Property Taxes $1,253,498.88 ESTIMATED REVENUES Packet Pg. 80 Actual Revenues 2017 Budget as Modified 2018 Preliminary Estimate 2019 Adopted Budget 2019 A20 State Aid for Loss in Railroad Tax Revenue $0.00 $0.00 $0.00 $0.00 A30 Federal Aid for Civil Defense $0.00 $0.00 $0.00 $0.00 A40 Fire Protection and other Outside Services Provided Outside the District $0.00 $0.00 $0.00 $0.00 A51 Interests on Deposits $458.00 $500.00 $2,000.00 $2,000.00 A52 Rentals $0.00 $0.00 $0.00 $0.00 A53 Sales of Apparatus and Equipmenl $0.00 $0.00 $0.00 $0.00 A54 Gifts and Donations $0.00 $0.00 $0.00 $0.00 A55 Refunds of Expenses $0.00 $0.00 $0.00 $0.00 A59 Miscellaneous $510.00 $0.00 $0.00 $0.00 A81 Transfer from Capital Fund $0.00 $0.00 $0.00 $0.00 A82 Transfer from Reserve Fund $0.001 $0.00 $0.001 $0.00 Totals $968.001 $500.001 $2,000.001 $2,000.00 Packet Pg. 80 APPROPRIATIONS Actual Expenditures 2017 Budget as Modified 2018 Preliminary Estimate 2019 Adopted Budget 2019 Salary - Treasurer Salary - Other Elected Officer A100 Total Personal Services $74,517.01 $115,000.00 $126,250.00 $126,250.00 A200 Equipment $61,877.00 $119,665.00 $156,012.00 $156,012.00 A400 Contractual and Other Expenses $204,783.00 $376,500.00 $368,200.00 $368,200.00 A601 A602 Fire Department or Company Services A603 Service Awards $386,932.00 $22,000.00 $15,000.00 $15,000.00 A610 Judgements -and Claims $0.00 $0.00 A628 State Retirement System $0.00 $0.00 $0.00 $0.00 A630 Workmens' CompensationNFBL $117,819.00 $85,000.00 $185,000.00 $185,000.00 A633 Social Security $9,142.50 $10,036.88 $10,036.88 A636 Medical, Hospital $35,000.00 $35,000.00 $35,000.00 A638 Blanket. Accident Insurance $0.00 $0.00 $0.00 $0.00 A639 Supp Benefit Payments to Disabled Firemen $3,681.00 $40,000.00 $40,000.00 $40,000.00 A640 Unemployment Insurance $0.00 $0.00 $0.00 $0.00 A680 Interest on Bonds $0.00 $0.00 $0.00 $0.00 A681 Interest on Notes $0.00 $0.00 $0.00 $0.00 A690 Redemption of Bonds $0.00 $0.00 $0.00 $0.00 A691 Redemption of Notes $0.00 $0.00 $0.00 $0.00 A801 Transfer to Bldg Const Fund $249,947.00 $150,000.00 $325,000.00 $325,000.00 A802 Transfer to Apparatus Fund $324,447.00 $225,000.001 1 Totals $1,424,003.01 $1,177,307.50 $1,260,498.88 $1,260,498.88 ASSESSED VALUATIONS (To be used when Fire District is located in more than one town) Town Assessed Valuation NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA OUTSTANDING DEBT AS OF SEPTEMBER 30, 2018 Tax Anticipation Notes Revenue Anticipation Notes Budget Notes NIA_ NIA NIA Capital Notes NIA Bond Anticipation Notes NIA Total Notes NIA Bonds NIA NEW HACKENSACK FIRE DISTRICT WORKSHEET FOR 201.9 BUDGET A100 PERSONAL SERVICES Custodian Secretary/Treasurer Deputy Secretary/Treasurer Tellers Overtime _ Per Diem Firefighte Cancer Adinistrator ITotal Personal Services $126,250.00 A400 CONTRACTUAL AND OTHER EXPENSES Recrutment $ 15,000.00 Office Supplies $2,000.00 Postage f $500.00 Conventions _ $10,000.00 Fire Training $33,700.00 Fire Prevention$4,000.00 Other Travel ._.._._ r _ _-_--e ..-....__... _m..- � � - $3,000.00 Association Dues $3,000.00 Uniforms $2,500.00 Public Drills, Parades, Inspections $4,000.00 Rentof Voting Machines __.—....-_.._... ...... ..._.__....___._._- -- ----- --- - -- $0.00 - -- -- Publication of Notices $500.00 .-__-____.._._._.........._.....................-____-_ , Fuel, Light, Water $30,000.00 _-____.-------_-_--- Repairs to Buildings and Grounds $101,000.00 Service Awards $15,000.00 Building & Apparatus Maintenance $30,000.00 Supplies Repairs to Apparatus & Equipment $40,000.00 Vehicle Fuel, Oil, Etc $10,000.00 Telephone, CAD System $4,000.00 Hospitalization/Dental Insurance $35,000.00 Premium on Treasurer's Bond Public Liability & Property Damage $45,000.00 Insurance Disability, NY VFBL, _ Compensation and other_ Insurance $185,000.00 Legal and Audit Fees $6,000.00 Physicals, Vaccines, FAP $12,000.00 Garbage $2,000.00 Cancer Ins. $10,000.00 Total Contractual and Other Expenses, $603,200.00 Packet Pg. 83 NEW HACKENSACK FIRE DISTRICT WORKSHEET FOR COMPUTATION OF 2019 SPENDING LIMITATIONS Town Law, §176 (18) Full Valuation $1,71.2,720,608 Subtract First Million of Full Valuation $1,000,000.00 Excess over First Million of Valuation $1,711,720,608.00 Multiply One Mil 0.001 Expenditure permitted on Full Valuation above $1,000,000 $1,711,720.61 Add expenditure permitted on Full Valuation below $1,000,000 $2,000.00 Expenditure permitted on Full Valuation $1,713,720.61 Add amounts Excludable from Limitations: Payments under contract for Water Supply, Fire Hydrants, Etc. Payments for Fire Protection. Principal and Interest on Bonds, Bond Anticipation Notes, Capital Notes and Budget Notes Interest on Tax Anticipation Notes Compensation of Paid Fire District Officers, Fire Dept Officers, Firemen and Other Paid Personnel of the Fire Department $126,250.00 District Contribution to the State Employees' Retirement System Participation in County Mutual Self -Insurance Liability Insurance Pursuant to Volunteer Firemen's Benefit Law, Workmen's Compensation Law and Payments Required as Self -Insurer $185,000.00 Cost of Blanket Accident Insurance Care and Treatment of Disability of Paid Firemen Incurred in the Performance of Duty District Contribution to Social Security & MTA Tax $10,036.88 Payment of Compromised Claims and Judgements -----.._..------ Service Awards $15,000.00 Fuel for District Vehicles $10,000.00 Indemnification Insurance for District Motor Vehicle Liability Amounts Received from Fire Protection Contracts Appropriations to Reserve Funds established pursuant to the General Municipal Law $300,000.00 Gifts and Donations Insurance Proceeds (Loss or Damage to Property) Unemployment Insurance Contributions Statutory Spending Limitation $2,360,007.48 Authorized Increase in Spending Limitation Date Authorized: SPENDING LIMITATION FOR 2019 $2,360,007.48 Packet Pg. 8 OC loloq- J8W 11"Jul IT&412111111 (Highway Law, SecVon 142 (3)) (To be prepared by the Town Superintendent and filed with the Town Board on or before September 30 in each year) T#UIN OF WAPPINGER COUNTY OF DUTCHESS SEP 26 2018 DATE OF INVENTORY SEPTEMBER 25, 2018 Year to be EsMated Quant'. I. 200pom R.2 �1800A -W--MAqgf@ctUred - -PqrChaseLP - -&E gqndrjgrI Cost of Repairg PU I Chevrolet 2022 2012 $28,102 Good $1,500 PU2 GMC 2025 2015 $25,107 Excellent $500 PU 3 Chevrolet 2012 2.002 $25,000 11�100R $2,500 PU4 Chevrolet 2014 2004 $32,000 P(')0t'1Z $2,000 190,000 MILES PU5 GMC 2017 2GO7 $30,000 POOR $7,000 RUSTED OUT as PU6 Chevrolet 2022 2012 $22,673 Fait, $500 0 PU 7 GMC 2017 2007 $25,000 Fair $1,500 Q PU 8 GMC 2017 2007 $25,000 Fair $1,500 PU 9 GAVE TO REC Q PU 10 Chevrolet 2022 2012 $22,673 Good $500 0 T 3 Mack 2027 2017 $168,500 Excellent $500 T 4 Int'l 2017 2007 $90,000 Good $2,500 T 5 Intl 2011 2001 $67,615 i"POWZ $6,000 UNSAFE 0 T 6 int'l 2010 '1995 $72,000 $6,000 T 7 Mack 2027 2017 $168,500 Excellent $500 T 8 Int'l 2027 2012 $114,144 Good $700 r9 Int'l 2010 1995 $72,000 POOR, $6,000 Cv T10 Intl 2025 2015 $153,234 Excellent $500 00 T11 InVI 2004 1994 $36,000 P1D(.')R $4,5010 04 T 12 Int'l 2015 2005 $90,000 FYOOR $6,000 (h T'13 Intl 2008 1993 $90,000 p ii 0('41 $4,000 REPAIRED U.1 T 14 Intl, 2017 2007 $90,000 Good $3,000 T 15 Intl 2011 2001 $57,615 011t cA s'VC $6,000 YARD ONLY T 16 InVI 2008 1998 $90,000 Omtpt c4 sve" $5,000 YARD ONLY 9 Q T 17 Int'l 2027 2012 $129,544 Good $500 T 18 Int'l 2012 2002 $66,000 Fair $4,000 REPAIRED T 19 GMC 2026 2016 crew cab $42,954 Excellent $1,000cV T20 Intl 2015 2005 $90,000 P(N)R $4,000 T 21 GMC 2025 2015 $36,783 Excellent $500 Q T 22 Chevy 2013 2003 $58,587 POOR $2,000 E T23 Inti 2014 2004 $90,000 poiI"'R $3,000 T24 Intl 2027 2012 $129,544 Good $500 T25 Int'l 2024 2009 $145,727 Int t () R $2,000 SEP 26 2018 !t. (Highway Law, Section 142 (3)) (To be wopared 14 1he Tonna Snpoflnbs)dent enol fited Mth jjjN7 Tovai 13wird on or IAfore September 30 in each Yfrw) TOWN OF WAPPINGER C COUNTY OF DUTCHESS DATE OF INVENTORY SEPTEMBER 25,2018 YwAo be year Purchasa Estimate pLqj jA --R,�Rlacgeg m2mfa-oumd -P-Mq ,PqndiqLn 590SN Case Loader 2029 2014 $104,061 Excellent $5,000 1 721 Case Loader 2010 1991 $68,451 Por"'Q $5,000 1 580 Case Backhoe 2007 1987 $40,000 ("w", of $4,000 YARD ONLY 1 590 Case Backhoe 2009 1991 $40,950 b kV "'A M,, $3,,000 YARD ONLY I Int'l Flusher 2011 1991 $57,600 FAIR $5,000 REPAIRED i Cat Backhoe 2023 2008 $80,836 Good $5,000 1 Johnaton Sweeper 2017 2007 $179,900 Good $8,000 1 Ford Tractor 2010 1991 $25,216 POC)R $1,500 1 Kubota Tractor 2029 2014 $131,000 Excellent $2,500 1 Wacker Roller 2008 1994 $8,000 Flot)'-'i $1,000 BACKUP ONLY I Towfinaster Trailer 20 t 2014 1999 $12,000 Fair $1,500 1 Starlite Trailer 2012 1989 POOR 1 Big Tex Roller Trailer 2013 1998 Fair I Neu Wacker Neuson 2031 2016 $13,950 Excellent $1,000 .I Bobcat Skid Steer 2014 1999 $48,546 R, E P PA , P, $2,500 OUT OF SERVICE I Eager Beaver Chipper 2010 1988 $13,500 FAIR $2,040 REPAIRED I Inti Vector Jet Redder 2027 2012 $282,601 Excellent $12,500 1 Samsung Loader 2015 1999 $95,834 PO� " ai"1", $10,000 REPAIRED I Brush Bandit 2016 2001 $31,960 Good $3,000 1 Generator Unknown Felt. $1200 1 Compressor 2014 1994 $11,900 Fair $1,000 1 Sno Go Snow Blower 2016 1996 $56,320 Good $300 1 Cement Mixer 2013 1998 $2,500 Fair $200 1 Pipet-ocat, 2T9182 Fair 9 Sanders 24 Plows POOR $10,000 TBREPLACED !t. INVENTORY OF HIGHWAY MACHINERY, TOOLS AND EQUIPMENT ifth-my LAW, Section 142 {3) (To be prepared by the Town Superintendent and filed with the Town Board on or before September 3D in each year) TOWN OF YVAPPINGER COUNTY OF DUTCHESS DATE OF INVENTORY SEPTEMBER 2b, 2918 yeaf Purchase Eqt111'iata Ouantity LealmamAmt2rad E!(qq Ci�ftio Cost of Re _pAk% .1 029 SON Chain Saw 235635620 Good $100 1 029 Stihl Chain Saw 274242615 200B $309 Good $100 1 029 Stihl Chain Saw 270462309 2008 $309 Good $100 1 029 Stihl Chain Saw 289254887 Good $100 029 Sfihl Chain Saw 289055576 2012 $303 Excellent $100 1 026 Stihl Chain Saw 22TI91281 1ryD0 R $150 1 036 SON Chain Saw 242877495 Fair $150 2 Stihl Pole Saws 28903E223 Good $300 1 Homelite XP 1130 Chain Saw 2611573 Fair $150 I Homelite Chain Saw 10270695 Fait $200 1 Concrete Saw 1H118W712 Fair $150 UNSAFE I Ferris Lawrimower IS 5130 $5,000 F141")OR $200 1 SUN Leaf Oloymr 502719332 $200 1r Stint Weed Wacke SO n/a tar$250 I SON Weed Wacker 75 25OR $0 n1a P()DR $200 1 SIMI Weed Wacker 525 SO n/a $175 1 Jonsered Chain Saw C82166 S020121600314 Fair $80 1 Husquarna Pole Saw $0154300636 Excellent $40 1 Huqu,arna Pole Saw 4125805 5024926-09 Excellent $40 1 Husquarna Pole Saw 412,5805 327PT5S Excellent $40 1 Husquarna Hi Torque Tdmmer 20161700837 967 17 55-01 2016 $280 Excellent $20 1 Husquarna Hi Torque Trimmer 201617MB36 a717' 55-01 2016 $280 Excellent $20 1 Husquarna, Hi Torque Trimmer 20161700841 W1 17 55-01 2016 $280 Excellent $20 1 Husquarna Hi Torque Trimmer 20161700265 9671755-01 2017 $260 Excellent $20 1 Husquarna Handheld Blower 20163905332 967 28 42-02 2016 $220 Excellent $20 1 Husquarna Handheld Blower 20463905331 9672842-02 2016 $220 Excellent $20 1 Red Max 20181302728 966624501 2018 450 Excellent 1 Red Max 20180401039 966624501 20118 460 Excellent I HusqLratna 20180900"M 996570306 2018 729.95 Excellent 1 Husquarna 20180900763 966570304 2018 709.95 Excellent I Husquarna 20174308284 966997236 2017 339.95 Excellent 1 Trailer 4ZECH182.5J1157760 CH83180TA5 2018 5056D0 Excellent I Striper 8951 HD Model C 2018 5037.72 Excellent 1 Kawasaki mower 9,12411 G01 54 08C94241 I K 2018 7300.00 Excellent 1 Cat track loader 251905 2018 55475,00 Excellent I Loftr*ss Flail Mower 2018 3640,00 Excellent 1 Portable Generator 501608397 EG4000CLHonda G*W $20 1 ,I Safety son Old BattM Charger SO n1a 6001A POOR 10 Bases for Signe Fair 8 Tripod Stand Holders Fair 7 Stop Paddles 3 Good 4 Poor $300 1 Confined Space Kil 1 Tripod 1D8I SoLlk Good 2 Prcteda Safety Harness Good I Rae System Kit - Sniffer does not work 1 Stanley Hammer Attachment M8550 use on Backhoe Fair $300 1 Pressure Washer =0PSI Good 8 Shove le - Round end 4Good 4Fair $40 8 Shovels - Square end 5 ex 3 fair $40 2 Brooms Good 4 Leaf Rakes 4 broken $55 2 Pole Hole Digger Excellent 4 Metal Bars Excellent INVENTORY OF HIGHWAY MACHINERY, TOOLS AND EQUIPMENT F+#weay I. axion 142 431 (To be prepared by the Town Superintendent and fled with the TVvvn Board on or before September 30 in each Year) TOWN OF WAPPINGER COUNTY OF DUTCHESS DATEOFINVENTORY SEPTEMBER 25„ 2018 Umar Quality ge-ac-minn- S-gwt#- MaxxLLaqLurqd I Ridgid Shop Vac 5,ft I Ridgid Shop Vac 6.25hp 1 Lincoln Elec, Ideal Arc 01991200329 Welder I Hypedhenn Power Max 45 Plasma Cutter I Dayton Portable Pan 1 Speedaire Air 1664151 Compressor 2 Portable Aix Tanks wriall I Transmission Jack 2MOlbs 1 Wheel Dolly 3V4 ton M21963 2 20 Ton Heavyduty Truck 5268 Ramp 1 20'ron, Floor Jack 1 21/2, Ton Floor Jack 1 20 Ton Battle Jack 1 Lincoln Elec Mig Weider 10260-U1971202765 apt 25 plus 1 Large Fkxw Pan 1 ProSenes RSW7700 3WA Battery Charger I ORS Flo" Crimper 5000PSI I Makita, Portable Cut Off 2414 Saw 1 Ranger FoldIng Shop Crane 2 Ton I Millermatic 262 Mig MG020141 N Welder 1 Oxygen I Acetylene Toroh- Cuttim 1 Mohawk Resources Car 9202269 01 12,000lbs I Wissotta Bench Grinder 1'1I5-68 I Wilton Drill Press I Watervliet Bearing Press 185 1 Lincoln Portable Oil Pan 1 3 Ton Hein -Werner Fluor Jack I Westward 314 Ton Heavyckity Under Heist Stand 1 Pans Washer 40 Gallon PW -20 5 Under Vehicle Floor Creeper recommend purchase of the following: Description: SUNEX 1210 LOW HEIGHT ,SACK STANDS SUNEX '1310 MEDIUM HT, JACK STANDS SUNEX 1410 TALL HEIGHT JACK STANDS WILLIAMS HD LOW PROFILE CRE $118.02 X 2 LIFT MASTER LOW PROFILE 3 TO $159.99 X 2 FLOOR JACKS PARKER HYDRAULIC MACHINE WIDIES NEW FITTING ASSORTMENT HYDRAULICS $171.45 $231.88 $29088 $236.04 $319,98 $5,000.00 ;I —5m W $11,790.23 TOWN OF WAPPINGER. Tn I OWN CLERK porchaw cStirrow Pflo mil Rion qo-5t0f-&P@ir-§ f",f)"Of"'z $100 Fair $50 Fair $75 Fair $50 P10CH"'q Excellent $20 000A�' $100 POOR $500 Fair $50 $700 $8W POOR $200 PCx"3R $800 P'4"X'14111 $350 Good POOR $2,800 P(')C)R $460 Good Excellent Excellent pfxt"XR. $8,000 POOR $500 POOR $200 POOR $800 POOR $300 POOR $800 ,041 POOR $300 ESTIMATE ESTIMATE C' TOWN SUPERINTENDENT FA—TE !t. 7ef• (845)297-4194 Fat. (845)297-4560 Board of Fire Commissioners Ronald P. Andrews - Chairman William Spinelli - Deputy Chairman Erin Beale - Mark Liebermann Robert Scott Bostwick A0/4/0/0 x bison Fire (Districtw. o. fox 545 - Town of 2iWappinger Yfughsonviae, New Tork12537 www.HFD45.ora — 6= a-r-S--WW-Ise ywd TbU"AN x6ry of&".%iMsk Tyler J. Pettit- Chief of Department Edward J. D'Anna. -1°t Assistant Chief Justin R. Jerrick - 2" d Assistant Chief Public Hearing on Proposed 2019 ,Budget A public hearing on the proposed 2019 Hughsonville Fire District operating budget will be held at the Hughsonville firehouse at 88 -Old Hopewell Road on October 16, 2018, at 6 p.m. Hughsonville Fire District residents desiring a copy of the proposed budget may schedule to receive one from the district secretary. Please contact the district office at 845-297-4194. G�C�(��O�ILI�� SEP 27 2018 TOWN OF WA FINGER TOWnfr,. LEGAL NOTICE SEP -2 7 2018 TOWN OF WAPPTNGER TOWN CLERK WHEREAS, on the 24th day of September, 2018, pursuant to section 105 of the Town Law and Section 181 of the Town Law, the Board of Fire Commissioners of the Hughsonville Fire District confirmed that the Annual Fire District Budget Hearing will be conducted with reference to the Annual Fire District Budget for the fiscal year 2019 on Tuesday, October 16, 2018 commencing at 6:00 P.M. at the Hughsonville Fire District's Headquarters located at 88 Old Hopewell Road, Wappingers Falls, New York, and WHEREAS, the Board of Fire Commissioners is required to adopt a proposed budget at least 21 days before October 16, 2018 so that it is available for public inspection prior to the budget hearing. : NOW THEREFORE, BE 1T RESOLVED that the Board of Fire Commissioners of the Hughsonville Fire District has adopted a proposed Annual Fire District Budget for 2019 as of this date for purposes of discussion and review at the budget hearing to be held on October 16, 2018 and a copy of the proposed budget is available at the office of the Town Clerk of the Town of Wappinger and at the office of the Hughsonville Fire District Secretary at 88 Old Hopewell Road, Wappingers Falls, New York, where it may be inspected by any interested person during office hours. In addition, a copy of the proposed budget is posted on the fire district's website, and. copies of the proposed budget will be available on the night of said hearing. NOW THEREFORE BE IT FURTHER RESOLVED that the Board of Fire Commissioners of the Hughsonville Fire District will hold the Annual Fire District Budget Hearing to be conducted with reference to the Annual Fire District Budget for the fiscal year 2019 on Tuesday October 16, 2018 commencing at 6:00 P.M. at the Hughsonville Fire District's Headquarters located at 88 Old Hopewell Road, Wappingers Falls, New York. NOTICE IS HEREBY Given THAT THE AFORESAID BUDGET WILL BE PRESENTED TO THE RESIDENTS AND TAXPAYERS OF THE Hughsonville Fire District and to the Board of Fire Commissioners of the Hughsonville Fire District, for their respective consideration at this public hearing and for the purpose of considering the said budget and hearing all persons interested in the subject concerning same on Tuesday, October 16, 2018 commencing at 6:00 P.M. at the Fire District Headquarters located at 88 Old Hopewell Road, Wappingers Falls, New York. This notice is being publicized and posted in accordance with the provisions of Public Officers Law and the Town Law of the .State of New York by the order of the Board of Fire Commissioners of the Hughsonville Fire District. Dated. Wappingers Falls, New York September 24, 2018 Kim Flower Secretary Hughsonville Fire District SUPERINTENDENT Vincent Bettina Www, _YlIgtfillar fi nvncrCtya (845) 297-945I -Office (845) 298-0524 Fax SECRETARY Karol Kelly n ED no E,-, �� [ E E LD TOWN OF WAPPINGKR 9-6)1 <Elio /0 TOWN BOARD William I1. Beale Angela Bcaim Robert Johnston Michael Kuzmiez TOWN CLERK Joseph Paoloni TOWN OF WAPPING ER POSTING TOWN CLERK 0 _J MOTOR EQUIPMENT OPERATOR 0 Posted herewith, is a position description for the position of MEO, for consideration by the Highway Department bargaining unit employees under the term of an agreement entered into between the 0 Town of Wappinger and CSEA Local 1000. This posting can be withdrawn at any time prior to the appointment being made by the Superintendent 0 0 of Highway. C�l A person selected to, fill the position will work directly under the Highway Superintendent and I or the coT_ Deputy Superintendent and will be answerable to such person(s) for compliance with instructions the C�40 l incumbent in the position receives from them and for the satisfactory performance of the duties entailed 0) UJ in the MEO position. W Typical work duties for an employee in this title are as follows and not meant to be inclusive and does not preclude the Superintendent and / or Deputy from assigning activities, not listed, which could be reasonably expected to be performed by an employee in this title. Operates a truck in connection with the removal of snow, debris, refuse and the transportation of stone, sand, asphalt and other materials and supplies. Operates a snow plow, sander, water wagon, service truck, sweeper, and utility vehicles. May operate an air compressor in the breaking of pavements, and chain saw in clearing brush and trimming trees. Performs manual labor such as loading trucks, digging ditches, cleaning and repairing basins, repairing roadways, and erecting signs and fences. Maintains vehicles assigned in a clean condition, including running lights. Assists Supervisor as requested. Prepares all activities and other reports required by Supervisor. May perform routine building and grounds maintenance. Drives workers to and from jobs. May infrequently operate other types of equipment. Must have a Commercial Drivers License (CDL). Preference will be given to Class A. Participates in snow and ice removal and any and all other duties as assigned by the Superintendent of Highways and / or Deputy Highway Superintendent. Please send letters of interest and / or resumes to Highway Superintendent Vincent Bettina. Closing date foy applications Octo r 5, 2018. Anticipated hiring date is on or about October 10, 2018. �. Vincent Bettina, Highway Superintendent Date of posting September 28, 2018 TOWN JUSTICE HEATHER L. KITCHEN October 1, 2018 TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6070 + (845) 297-0145 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. Supervisor Thurston and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 Doig/)o1o9 Re: Carl S. Wolfson, Town Justice Report for the month of September, 2018 Dear Supervisor Thurston and Members of the Town Board; 2018; TOWN JUSTICE CARL S. WOLFSON The following is a report of the cases disposed of during the month of September, 19 Penal Law matters resulting in $135.00 collected in fines and fees. 177 Vehicle and Traffic Law matters resulting in $15,527.00 collected in fines and fees. 19 Civil matters resulting in $206.00 collected in fees. 1 Town Ordinance matter resulting in no money collected in fines. I Navigation Law matter resulting in no money collected. 2 Transportation Law matters resulting in no money collected. 21 Termination of Suspension fees resulting in $1,120.00 collected. I have forwarded a check in the amount of $16,988.00 to the Town of Wappinger Comptroller. Additionally, I am holding $25,195.00 in pending bail. Re fully ubmit e. Carl S. Wolfson, Town Justice cc: Joseph Paoloni, Town Clerk lnlIE�C` "ET V IE® OCT 01 2018 TOWN OF WAPPINGER TOWN CLERK. TOWN JUSTICE HEATHER L. KITCHEN October 2nd, 2018 TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6070 • (845) 297-0145 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M, Supervisor Thurston and Members of the Town Board Town Hall 20 Middlebush Rd. Wappingers Falls, NY 12590 Dear Supervisor Thurston and Members of the Town Board: �C)1911010f 8.72.8 TOWN JUSTICE CARL S. WOLFSON The following cases were disposed of while I presided over the Justice Court during the month of September 2018: 103 Vehicle & Traffic Law matters resulting in $13,717.00 collected in fines and fees. 37 Penal Law matters resulting in $1180.00 collected in fines and fees. 5 Civil matters resulting in $67.00 collected in fees. 18 Termination of Suspension matters resulting in $1,470.00 collected in fees. 1 DNA matters resulting in $50.00 collected in fees. I have forwarded a check in the amount of $16,484,00 to the Town of Wappinger on October 1", 2018. Additionally, I am holding $32,000.00 in pending bail. Respectfuly, mite L. "'it" , ; Town Justice cc: Joseph Paoloni, Town Clerk G�300IE �MEDo OCT 022018 TOWN OF WAPPINGER TOWN CLERK 8.72.a �,e) / �S/ j D/U 9 — To the Town Of Wappinger Board Members, This letter of September 4, 2018 is to state that as of September 28, 2018 1 will be leaving the Town Of Wappingers Buildings and Grounds Department to pursue employment in my professional field of Information Technology and software programming. I w. ould like to take this time to thank everyone for allowing.meto be part of this :departmerrt:as a seast�rfal worker and my exp"enenc here has been ich.and rewarding. Sind ly, :Roberta, Weber G�3C�C�fE �MC D OCT 0 3 2018 TOWN OF WAPPINGER TOWN CLERK t. NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 15th day of October, 2018, at 7:30 P.M. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to offer comments and suggestions on the Town's intended use of Community Development Block Grant Funds for calendar year 2018. Following the Public Hearing, the Town intends to make application for Community Development Block Grant Funds pursuant to the Dutchess County Department of Planning and Development's Community Development Block Grant Program. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 6 NYCRR 617.5 (c) (21), the adoption of the aforementioned Resolution is a Type II action not requiring environmental review pursuant to the State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 and, accordingly, no environmental review has been undertaken. PLEASE TAKE FURTHER NOTICE, that in compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this hearing should notify the Town Clerk's Office at (845) 297-5771 at least three business days prior to the public hearing. Dated: October 9, 2018 Joseph P. Paoloni Town Clerk - Wappinger