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2018-10-22Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, October 22, 2018 7:30 PM Town Hall Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM Angela Bettina Town of Wappinger Councilwoman Present 7:30 PM Robert Johnston Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Jim Horan Consultant Attorney Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM Grace Robinson Town of Wappinger Deputy Town Clerk Present 7:30 PM Salute to the Flag Adoption of Agenda 1. Motion To: Adopt the Agenda Resolution 2018-244 was moved to the November 13 meeting. Also, Resolution 2018-251 was revised to reflect a aaraize renlacina the word shed. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz IV. Acknowledge Minutes 1. Motion To: Acknowledge the October 15th, Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Town of Wappinger Page 1 Printed 11/21/2018 Regular Meeting Minutes October 22, 2018 V. 1. Public Hearings Motion To: Open Hearing on Benefit Assessment Rolls For Special Improvement Districts and Areas For 2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Close Public Hearing 3. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Motion To: Open Hearing on the Proposed O&M Charges, Water & Sewer Rates, and Rents For Special Districts and Improvement Areas For 2019 Resident Gary Lindstrom rose to re -address an issue that he has brought up many times in years past. He cited the un -fair charges to residents with fewer household members mostly seniors using limited water and thereby sewer volumes stating that the allowable usage of 2,500 cubic feet for 3 months usage (18,750 gallons per quarter) is unfair and does not promote conservation rendering the metering process useless. He cited a neighbor who uses twice the volume that is billed the same amount. He added that there is no incentive to conserve water. He suggested using the already filed enhanced STAR application as a means to reduce the $66.30 to a lesser amount. He added that sewer usage are commensurate with water usage given that what comes out of the faucet goes into the drain. Councilman Kuzmicz countered that favoring those who conserve by reducing their rate would raise others' rates. Sewer and Water professional Mike Tremper said that such a program should be addressed after metering is fully online. Other residents in attendance whose names were not disclosed asked about charges conservation districts. The board assured them that there are no charges for conservation districts which are a totally different subject. The board made it clear that while there is a park district, there are no charges to that district. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 4. Motion To: Close Public Hearing Town of Wappinger Page 2 Printed 11/21/2018 Regular Meeting Minutes October 22, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz VI. Public Portion 1. Motion To: Open Public Portion Resident Gary Lindstrom addressed the issue of the bonding for the EMS building. Supervisor Thurston explained that the funding of this work authorized in October of 2017 was able to be bonded for. A resident rose to address large trees that need cutting or trimming at Fieldstone Farms. The board promised that buildings and grounds would continue to look that these trees. Supervisor Thurston reminded residents that there is a Halloween Curfew of 9PM Halloween 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. Recreation Director Discussion on Community Day Recreation Director Fulton handed out documents to the board but not for filing with the Town Clerk. She proposed moving Community day forward by two weeks to September 21. Councilman Kuzmicz asked for more detail on the benefits. He asked what we have to offer to residents by the change in the date and what more would be expected from participant groups, types of entertainment; and, rides. Director responded by stating there would be more from booster clubs, cheerleaders, other schools already in session. More will be discussed at the November 13th meeting. Director Fulton hopes to get something by the November 13th meeting. Town of Wappinger Page 3 Printed 11/21/2018 Regular Meeting Minutes October 22, 2018 The board agreed to do setting community day on September 21, 2019 given the preliminary investigation on the aforementioned details. 2. Summer Camp Updates Recreation Director Fulton cited that the minimum wage will increase 70 cents and thus so would most of the counselors who receive minimum wage. She cited a document handed to the board but not to the Town Clerk. She added that a $50 increase in price would make the average rate $425 resulting in a total of approximately $74,000 in revenues based on the maximum of 175 campers helping to offset the wage increase. Total costs to run the program was estimated at $84,000. Councilman Kuzmicz wanted a timeline for hiring the camp director. Director Fulton said that the camp director was interested in returning. The costs for the camp was broken down to $75,000 for staffing and $6,000 for supplies to run program. A list of improvements and recommendations is to follow from the Director. VIII. Resolutions RESOLUTION: 2018-237 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. Town of Wappinger Page 4 Printed 11/21/2018 Regular Meeting Minutes October 22, 2018 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-237 ❑ Adopted Yes/Aye No/Nay Abstain Absent D Adopted Richard ThurstonVoter 0...... El El El Adopted as Amended Richard Thurston Seconder 0 ❑ ❑ El lDefeated William H. Beale ..................... Voter.. 0...... ❑ .. ❑ ..... ❑ .... ❑ Tabled AnelaBettina Voter 0 ❑ ❑ ❑ ❑ WithdrawnRobert Johnston Mover D El ❑ ❑ Micae hl Kuzmicz ,Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 22, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-244 Accepting Resignation Of Michael Krisco and Recognizing his 27 years of service WHEREAS, Michael Krisco has submitted his resignation and notice of retirement; and WHEREAS, Michael Krisco has been an employee of the Highway Department for the past 27 years and has served with dignity and reliability; and WHEREAS, Michael Krisco has performed his duties for the Highway Department with great distinction and dedication. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board acknowledges and reluctantly accepts the resignation and notice of retirement of Michael Krisco and long-time employee of the Highway Department. 3. The Town Board acknowledges that Michael Krisco has served as long-time employee of the Highway Department with great distinction and dedication and wishes him many years of happiness in retirement and commends him for his devoted years of service to the Town. The Town Board requests the Town Supervisor to send a letter formally acknowledging Michael Krisco's resignation and notice of retirement and his many years of distinguished and devoted service to the Town and wishes him all the best in his future endeavors. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-244 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard ThurstonVoter 0...... El El lDefeated William H. Beale .................. ...Seconder ........ D ...... ❑.......,........❑........,....... ❑..... 0 Tabled Angela Bettina .......................Voter ... ,.........D ...... ...... ❑...... ...... ❑ ...... . ......❑ ..... Fl Withdrawn Robert Johnston ....................... Mover .. ... .... .. .0 ....... . ...... ❑........,........❑ ........,........❑ ..... Next: 11/13/18 7:30 PM Michael Kuzmicz Voter 0 ❑ 0 0 Dated: Wappingers Falls, New York October 22, 2018 The Resolution is hereby duly declared Tabled. Town of Wappinger Page 5 Printed 11/21/2018 Regular Meeting Minutes October 22, 2018 RESOLUTION: 2018-245 Resolution Introducing Local Law No. 10 Of The Year 2018, "Local Law Amending Chapter 230 Of The Town Code Prohibiting Parking During The Winter" WHEREAS, the Town Board and the Town Highway Superintendent wish prevent any obstruction or interference with the use of the highways of the Town of Wappinger, outside the corporate limits of the Village of Wappinger Falls during snowstorms; and WHEREAS, the Town Board and the Town Highway Superintendent wish to facilitate the clearing of snow and ice from such highways and to prevent any obstruction with the operations of the Town Highway Department during snowstorms; and WHEREAS, the Town Board and the Town Highway Superintendent seek to amend the Town of Wappinger Code to prevent parking during the winter months which will alleviate the need for removing vehicles from the Town highways during snowstorms; and WHEREAS, pursuant to Vehicle & Traffic Law §1660 and Town Law § 130(7)(a), the Town Board is authorized to regulate the highways within the Town outside of the village to prohibit parking to facilitate snow removal; and WHEREAS, The Town Board hereby determines that it is in the interest of public safety, government efficiency and in the best interests of the residents that parking be prohibited on any public highway of the Town of Wappinger outside the corporate limits of the Village of Wappinger Falls; and WHEREAS, the Town Highway Superintendent concurs with this recommendation; NOW, THEREFORE, BE IT RESOLVED: 1. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 10 of the Year 2018 in the form annexed hereto. 2. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type 11 action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to 6 NYCRR Part 617. The Town Board hereby schedules a Public Hearing on the proposed adoption of the annexed Local Law No. 10 of 2018 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of November, 2018, at 7:30 p.m. and the Town Clerk is hereby directed to post and publish the Notice of Public Hearing in the form annexed hereto. The Town Clerk is hereby directed to send a copy of the proposed Local Law to the Dutchess County Department of Public Works for its review and comment. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 6 Printed 11/21/2018 Regular Meeting Minutes October 22, 2018 Vote Record - Resolution RES -2018-245 Yes/Aye No/Nay Abstain Absent 0 Adopted ............... ❑ Adopted as Amended Richard Thurston Voter D ❑ ❑ ❑ ❑ Defeated William H. Beale Voter ❑ .... D ❑ ❑ ❑ Tabled Angela Bettina Voter 0 ❑ ❑ ❑ ❑ WithdrawnRobert Johnston Seconder 0 ❑ ❑ ❑ Michael Kuzmicz Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 22, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-246 Resolution Adopting Final Benefit Assessment Rolls For Special Improvement Districts And Special Improvement Areas For Fiscal Year 2019 WHEREAS, the Town Assessor prepared proposed Benefit Assessment Rolls for all Special Improvement Districts and Special Improvement Areas in the Town of Wappinger, assessed on a benefit basis, for Fiscal Year 2019 and said proposed Benefit Assessment Rolls were filed with the Town Clerk as required by Town Law § 239; and WHEREAS, in accordance with Town Law § 239, the Town Board duly noticed and held a Public Hearing on October 22, 2018, to hear and consider any objections to said Benefit Assessment Rolls within the Town for use in Fiscal Year 2019; and WHEREAS, all interested persons were given the opportunity at the Public Hearing to challenge or contest such benefit assessment determinations; and WHEREAS, the Town Board has reviewed the proposed benefit assessment rolls within the Town for use in Fiscal Year 2019 and has determined that they were prepared in proper order. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby adopts the Benefit Assessment Rolls as prepared by the Assessor subject to any corrections made by this Board, as the final benefit assessment rolls for the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger for Fiscal Year 2019. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-246 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 Angela Bettina Seconder D ❑ ❑ ❑ ❑ Withdrawn RobertJohnston Voter .............D........,........❑........,........❑........,.......❑..... D ❑ ❑ ❑ MichaelKuzmicz Mover Town of Wappinger Page 7 Printed 11/21/2018 Regular Meeting Minutes October 22, 2018 Dated: Wappingers Falls, New York October 22, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-247 Resolution Adopting Capital Budgets, O&M Charges And Water/Sewer Rates And Rents For Special Districts And Special Improvement Areas For Fiscal Year 2019 WHEREAS, on September 22, 2018, the Town Board, pursuant to and in accordance with the provisions of Sections 198 and 202-a of the Town Law and other applicable provisions of law, scheduled a Public Hearing on the Proposed Capital Budgets and Proposed O&M Charges Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2019; and WHEREAS, the Town Board conducted a Public Hearing on October 22, 2018 at 7:30 p.m. and all parties in attendance were permitted an opportunity to speak on behalf or in opposition to the proposed Capital Budgets and proposed O&M Charges Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for the fiscal year 2019; and WHEREAS, the Town Board has taken into consideration the comments made by the public at the Public Hearing. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Pursuant to and in accordance with the provisions of Sections 198 and 202-a of the Town Law and other applicable provisions of law, the annexed detailed statement of the Capital Budgets and O&M Charges Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement Areas of the Town of Wappinger is hereby approved and adopted as the Capital Budgets and O&M Charges Water/Sewer Rates and Rents of the Town of Wappinger for the fiscal year beginning January 1, 2019. The Town Clerk is hereby directed to enter the aforementioned budgets adopted herein in the minutes of the Town Board. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-247 Yes/Aye Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard Thurston Seconder 0 ❑ ❑ ❑ ❑ Defeated William H. Beale ................... Voter .. D .......,...... ❑ ..... ,...... ❑ .... ❑...... ❑ Tabled ftelaBettina .......................... Voter ................. D ................. ❑ ............ ❑ ................ ❑ ......,, El Withdrawn Robert Johnston ... Voter ............... 0 El ................. ................ ....... ElMichael Kuzcz.................. mi Mover D ❑........,........ ❑ EJ Dated: Wappingers Falls, New York October 22, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-248 Resolution Approving Preliminary Budget For Fiscal Year 2019 And Directing A Public Hearing Thereon Town of Wappinger Page 8 Printed 11/21/2018 Regular Meeting Minutes October 22, 2018 WHEREAS, the Town Supervisor, as Budget Officer, pursuant to Section 106 of the Town Law has presented the Tentative Budget to the Town Board for review, examination and possible revision; and WHEREAS, the Tentative Budget for calendar year 2019 has been submitted to the Town Board in accordance with Town Law § 106; and WHEREAS, New York State Town Law § 108 requires that the Town Board must hold a public hearing on the Preliminary Budget on or before the Thursday immediately following the general election in November; and WHEREAS, Town Law § 109 requires the adoption of a Final Budget on or before November 20, 2018; and WHEREAS, the Town Board has reviewed the Tentative Budget and has made changes thereto deemed reasonable and appropriate and intends to adopt the Preliminary Budget herewith. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Pursuant to and in accordance with the provisions of Section 106 of the Town Law, and other applicable provisions of law, the annexed detailed statement of estimated expenditures and revenues is hereby approved and adopted as the Preliminary Budget of the Town of Wappinger for the fiscal year beginning January 1, 2019. 3. The Preliminary Budget adopted herein shall forthwith be filed in the Office of the Town Clerk in the Town of Wappinger where it shall be available for public inspection on weekdays between 8:30 a.m. and 4:00 p.m. 4. The Town Board of the Town of Wappinger shall meet at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 71' day of November, 2018 at 7:30 p.m. and then and there shall hold a Public Hearing upon such Preliminary Budget. The Town Clerk of the Town of Wappinger shall give Notice of such Public Hearing in the format attached hereto by publishing Notice thereof in the Poughkeepsie Journal, the official newspaper of the Town of Wappinger at least five (5) days prior to the scheduled Public Hearing and the Town Clerk shall cause a copy of said Notice to be posted on the sign board of the Town no later than five (5) days before the scheduled Public Hearing. The Town Board waived the Publication in the Southern Dutchess News. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2018-248 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter D ❑ ❑ ❑ ❑ Defeated William H. Beale ...................Mover.. .......D...... ..... ❑ ................ ................ ..... 0 Tabled Angela Bettina ..................... ...Voter ... D...... El...... ❑...... ❑..... ElWithdrawn Robert Johnston .................... Voter ... , .......D ...... ......❑ ...... ...... ❑ ...... El..... Next: 11/1/18 7:30 PM Michael Kuzmicz Seconder 0 ❑ 0 0 Dated: Wappingers Falls, New York October 22, 2018 The Resolution is hereby duly declared Tabled. RESOLUTION: 2018-249 Town of Wappinger Page 9 Printed 11/21/2018 Regular Meeting Minutes October 22, 2018 Resolution Authorizing Permanent Utility Easement WHEREAS, by Resolution 2018-154, the Town Board authorized the acquisition of a Utility Easement Agreement for the United Wappinger Water District so that it could provide service to a certain parcel of real property in the Water District having a tax parcel identification of 6257-02-86392 ("the Property"); and WHEREAS, the Engineer to the Town negotiated the terms of the agreement with the owner of the burdened property and prepared a legal description for the Utility Easement; and WHEREAS, the Attorney to the Town drafted a Utility Easement which has been accepted by the owner of the burdened property in accordance with the terms approved in Resolution 2018-154; and NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby finds the terms of the annexed Grant of Permanent Easement for Utilities to be reasonable and appropriate. 2. The Town Board hereby authorizes the Supervisor to sign the annexed Grant of Permanent Easement for Utilities on behalf of the United Wappinger Water District and the Town of Wappinger. The Attorney to the Town is hereby directed to cause the fully executed Grant of Permanent Easement for Utilities to be filed in the Office of the Dutchess County Clerk. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-249 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston Voter 0 ❑ ...,....... ❑ ❑ ❑ Defeated William H. Beale ... Voter... ... D ...............❑.. ....... ....... ........ ❑ ..... ...... .... . .... ❑ .... ...... . ❑ Tabled AnelaBettina .......................... Voter ......... D .................. ❑ ............. ❑ ................. ❑ ....... . ❑ Withdrawn :Robert Johnston Seconder D ❑ ❑ MiCbaefKuzmicz Mover Z E 0 E Dated: Wappingers Falls, New York October 22, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-250 Resolution Authorizing Re -Levy Of Unpaid 2018 Water & Sewer Charges WHEREAS, the last day for payments to be made at Town Hall for unpaid water/sewer accounts is November 8, 2018. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Town of Wappinger Page 10 Printed 11/21/2018 Regular Meeting Minutes October 22, 2018 Christina Wisniewski, Water/Sewer Billing Clerk of the Town of Wappinger is hereby authorized to forward all unpaid water/sewer accounts to the Dutchess County Department of Real Property Tax on or before November 23, 2018, to be re -levied upon the 2019 County Land Tax bills. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2018-250 Yes/Aye Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale ................... Voter ....,....... ..... D ......,...... ....... ❑ ..... ❑ .... ....... ..... ❑..... ....... .. ❑ Tabled ftelaBettina Voter D ❑ ❑ ❑ ❑ Withdrawn Robert Johnston ...................... Seconder ............... D .................. ❑ ................. ❑ .................. ❑ ....... Michael Kuzmicz Mover D El 0 El Dated: Wappingers Falls, New York October 22, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-251 Resolution Authorizing Revocable License Agreement For Minor Garage Encroachment WHEREAS, the owner of 13 Regency Drive applied for an area variance to reduce the side yard setback from the southerly property line for the construction of a garage; and WHEREAS, there is a 20- foot wide utility easement that straddles the southerly property line of 13 Regency Drive and extends for 10 feet into the property; and WHEREAS, the owner inadvertently constructed the garage so that it encroaches about 1 foot into the Utility Easement; and WHEREAS, the Attorney to the Town has reviewed the Utility Easement and has determined that the encroaching garage is unlikely to impede the use of the drainage pipes in the easement and it is appropriate to grant a revocable license to the owner of 13 Regency Drive; and WHEREAS, the revocable license provides that the Town may revoke the license for the garage in the event that it impedes the use of the Utility Easement; NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby finds the terms of the annexed revocable license agreement to be reasonable. 2. The Town Board hereby authorizes the Supervisor to sign the annexed revocable license agreement on behalf of the Town of Wappinger. The Supervisor is hereby directed to provide a copy of the Revocable License Agreement signed by all parties to the Town Clerk who shall maintain the same in his files after it is executed. Town of Wappinger Page 11 Printed 11/21/2018 Regular Meeting Minutes October 22, 2018 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-251 Yes/Aye No/Nay Abstain Absent El Adopted 0 Adopted as Amended Richard Thurston Voter D ❑ ❑ ❑ ❑ Defeated William H. Beale Voter 0...... ❑ ❑ ❑ ❑ Tabled AnelaBettina Seconder 0 ❑ ❑ ❑ ❑ WithdrawnRobert Johnston Voter 0 ❑ ❑ ❑ Michael Kuzmicz Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 22, 2018 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2018-252 A Resolution Authorizing, Subject To Permissive Referendum, The Reconstruction Of The Emergency Services Building, In And For The Town Of Wappinger, Dutchess County, New York, At A Maximum Estimated Cost Of $1,755,000, And Authorizing The Issuance Of $1,755,000 Bonds Of Said Town To Pay The Cost Thereof WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize such capital project and its financing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The reconstruction of the Emergency Services Building on Middlebush Road in Wappingers Falls, New York, for the Town of Wappinger, Dutchess County, New York, including incidental original furnishings, equipment, machinery, apparatus, appurtenances, site and other incidental improvements and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $1,755,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $1,755,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty-five years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year unless paid from other revenues. There shall annually be levied on all the Town of Wappinger Page 12 Printed 11/21/2018 Regular Meeting Minutes October 22, 2018 taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper(s) of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2018-252 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston VoterD ❑..,,.. ...,.... ❑ ..❑ El lDefeated William H. Beale Mover.... ..... D .... ❑.. ❑ ... ... Tabled ElB Anelaettina Voter D ❑ ❑ ❑ ❑ Withdrawn Robert Johnston ...................... Voter .......................D .... ❑ ......,...... ❑ ..................................❑ ... Michael Kuzmicz Seconder D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 22, 2018 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 13 Printed 11/21/2018 Regular Meeting Minutes October 22, 2018 RESOLUTION: 2018-253 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Log - 2018-10-22 Plumber To From I Date I Date Rec" I Re: Agenda Date 10-22-001 ITowii Board 13 Guvs Pizzo Corp. 1811812818 1811712818 Notice Form 1 bauor Authority 1812212818 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: J Vote Record - Resolution RES -2018-253 ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz No/Nay 0 AdoptedYes/Aye.. . .....Absent , ..Abstain .. El Adopted as Amended Richard Thurston Voter 0 El ❑ ❑ Defeated William H. Beale Voter 0 ❑ ❑ ❑ ❑ Tabled AnelaBettina Seconder D ❑ ❑ ❑ El Withdrawn Robert Johnston Voter D ❑ ❑ ❑ Michael Kuzmicz Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 22, 2018 The Resolution is hereby duly declared Adopted. IX. Executive Session 1. Motion To: Enter Executive Session Interviews with Paggi and Volkman RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Return From Executive Session Town of Wappinger Page 14 Printed 11/21/2018 Regular Meeting Minutes October 22, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz X. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 11:00 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Town of Wappinger Page 15 Printed 11/21/2018 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 LOCAL LAW NO. 10 OF THE YEAR 2018 A Local Law entitled "Local Law Amending Chapter 230 of the Town Code Prohibiting Parking During the Winter." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section L• Title. This Local Law shall be known and cited as "Local Law Amending Chapter 230 of the Town Code Prohibiting Parking During the Winter." Section IL• Legislative Intent. The purpose of amendment is to prevent any obstruction or interference with the use of any public highways of the Town of Wappinger, outside the corporate limits of the Village of Wappinger Falls, during the winter months to facilitate the clearing and removal of snow and ice from such highways and to prevent the obstruction of the operations of the Town Highway Department during snowstorms. As snow can fall at any time of the day or night, it is important to prohibit parking at all times during winter months, not just during the overnight hours, to reduce the necessity of ticketing and removing vehicles during snow and ice removal in the winter months. The Local Law also moves the commercial parking provision from the no parking at all times provision to the parking prohibited during certain hours. The Town Board hereby determines that it is in the interest of public safety, the safety of the travelling public, government efficiency and in the best interests of the residents that parking be prohibited on any public highway of the Town of Wappinger, outside the corporate limits of the Village of Wappinger Falls, at all times from November through March when ice and snow events are most likely to occur. The Town Highway Superintendent concurs with this determination. -1- Section III: Parking Prohibited at All Times Section 230-16 entitled "Parking prohibited at all times; parking of commercial vehicles." is hereby deleted and replaced with a new section 230-16 to read as follows: "§ 230-16. Parking prohibited at all times; Wintertime parking prohibited. A. No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule XII (§ 230-46), attached to and made a part of this chapter B. No person shall park a vehicle at any time, upon any street in the Town of Wappinger outside the corporate limits of the Village of Wappinger Falls, but not including state highways maintained by the state, between November 1 of each year and March 31 of the following year, inclusive of said dates. Signs giving notice of this parking restriction shall be posted at all principal entrances to the Town of Wappinger. C. Any violation of this section is subject to Penalty as set forth in Chapter 230, Article VI, § 230-34 and/or Removal as set forth in Chapter 230, Article V, § 230-32." Section IV: Parking Prohibited Certain Hours. Section 230-19 entitled "Parking Prohibited Certain Hours; All -Night Wintertime Parking" is hereby deleted and replaced with a new section 230-19 to read as follows: "§ 230-19. Parking Prohibited Certain Hours A. No person shall park a vehicle between the hours specified in Schedule XV (§ 230- 49) of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said Schedule, attached to and made a part of this Chapter. B. No person shall park a commercial vehicle between the hours of 7:00 p.m. and 7:00 a.m. the next day on any Town road in any residential zoning district, except in the event of an emergency. -2- (1) For the purposes of this section, a "commercial vehicle" shall be a vehicle which exceeds 18,000 pounds in gross vehicle weight, and includes tractors, road tractor -trailers, rollers, tractor and truck cranes, power shovels, road -building machines, snowplows, road sweepers, sand spreaders, tank trailers and buses, and any other such vehicle used for, intended to be used for, registered for or potentially registered for commercial purposes. (2) Notwithstanding the above, the following shall be exempt from this section: Any police, fire or emergency service vehicle. ii. Any vehicle owned by a municipality or corporation engaged in repairs or improvements to any service provided by the Town of Wappinger or its authorized agents. iii. Any vehicle owned by a municipality or corporation engaged in repairs or improvements to any street or right-of-way maintained by the Town of Wappinger. iv. Any vehicle which is in the process of picking up or delivering merchandise or other property. V. The temporary parking of any vehicle on a road while the driveway where said vehicle is normally parked is being repaved." (3) Signs giving notice of this parking restriction shall be posted at all principal entrances to the Town of Wappinger." -3- Section V: 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 by the Codifier 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 affect the validity of this Local Law or the provisions of the Code effected thereby. Section VI: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, sub -section, 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 be the legislative intent 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 VII: Effective Date. This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Town of Wappinger Proposed Water, Sewer, Drainage Districts / Special Improvement Areas User Operation and Maintenance Rates and / or Taxes Special Districts / Improv. Areas 2019 Rates per Qtr 2018 Rates per Qtr 2019 Tax Per BU 2018 Tax Per BU Fleetwood Water (WF) $ 92.85 $ 84.41 $ - $ 180.52 Watch Hill Water (WH) $ 64.45 $ 64.45 $ - $ - United Wapp Water (WU) $ 66.20 $ 66.20 $ 173.90 $ 166.62 Watch Hill Sewer (SH) $ 71.52 $ 200.77 $ - $ - Mid Point Sewer (SM) $ 209.72 $ 196.04 $ 184.98 $ 149.70 Fleetwood Sewer (SF) $ 150.65 $ 139.67 $ - $ - Wildwood Sewer (SW) $ 136.97 $ 127.20 $ - $ - United Wapp Sewer (SU) $ 127.51 $ 127.51 $ 41.41 $ 42.43 Sewer Improv Area #1 (SI) $ 8.37 $ 8.46 Wapp Sewer Trans/Treat #1&2(SP) $ - $ - Wapp Sewer Trans/Treat Phase 3A (SV) $ 424.75 $ 436.38 Blackwatch Farms Drainage (SBF) $ 68.18 $ 68.18 Keenan Acres Drainage (SDK) $ 83.33 $ 83.33 Meadowood Drainage (SMD) $ 25.64 $ 25.64 Shamrock Hills Drainage (SSH) $ - $ - Tuscany Drainage (STY) $ 83.33 $ 83.33 BU - Benefit Unit Qtr - Quarter zo t. LEGAL NOTICE TOWN OF WAPPINGER NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 7h day of November, 2018, at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, for the purpose of holding a Public Hearing on the Preliminary Budget of said Town for the fiscal year beginning January 1, 2019. A copy of said Preliminary Budget is available at the Office of the Town Clerk of the Town of Wappinger, Town Hall, 20 Middlebush Road, Wappingers Falls, New York during the hours of 8:30 a.m. to 4:00 p.m., Monday through Friday, where it may be inspected by any interested person. The proposed salaries of each member of the Town Board, the Superintendent of Highways, the Town Justices and the Town Clerk for calendar year 2019 are as follows: Supervisor Highway Superintendent Town Justice Town Justice Town Clerk Councilman Councilman Councilman Councilman Deputy Supervisor Dated: October 22, 2018 $ 61,000 $ 83,661 $ 31,465 $ 31,465 $ 60,634 $ 11,883 $ 11,883 $ 11,883 $ 11,883 $ 1,700 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI, TOWN CLERK GRANT OF PERMANENT EASEMENT FOR UTILITIES THIS INDENTURE, made the day of October, 2018 between Michael E. Drago and Martha L. Drago, his wife residing at 237 All Angels Hills Road, Wappinger Falls, New York 12590 (hereinafter referred to as the "GRANTOR"), and THE TOWN OF WAPPINGER, a Municipal Corporation, for itself and on behalf of the United Wappinger Water District and the United Wappinger Sewer District with offices at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590-0324 (hereinafter referred to as the "TOWN" or the "GRANTEE") WITNESSETH: WHEREAS, the GRANTOR is the owner of a certain parcel of property located at 237 All Angels Hill Road, Wappingers Falls, New York, in the Town of Wappinger, County of Dutchess which is more particularly described in a certain deed from Ann Farquhar to Michael E. Drago and Martha L. Drago, his wife, dated April 5, 2011, which was recorded in the office of the clerk of Dutchess County on April 8, 2011 as document number 02-2011-1702; and WHEREAS, the GRANTOR has agreed to grant to the TOWN a permanent easement for the establishment and maintenance of utility lines within the UTILITY EASEMENT AREA hereinafter described; NOW, THEREFORE, in consideration of the sum of ONE THOUSAND DOLLARS ($1,000.00), and the further consideration of the promises set forth below, the GRANTOR hereby grants and releases unto the TOWN a PERMANENT EASEMENT for the following uses and purposes upon the following terms and conditions: 1. GRANT OF PERMANENT EASEMENT. The GRANTOR grants and conveys to the TOWN a PERMANENT EASEMENT over, under and through that portion of the GRANTOR'S parcel, hereinafter described and called the UTILITY EASEMENT AREA, for the purposes of surveying, installing, constructing, operating, maintaining, inspecting, repairing, reconstructing, replacing, removing, or abandoning in place underground pipes, conduits, valves and related appurtenances through the UTILITY EASEMENT AREA for the collection, transportation, disposal and/or distribution of natural gas, electricity, cable television signals, fiber optic cable, surface, storm or ground water, and/or sewage, and/or potable water. The UTILTIY EASEMENT AREA is more particularly described on Schedule "A" attached hereto and made a part hereof. 2. ACCESS. This GRANT of PERMANENT EASEMENT shall include all reasonable rights of ingress and egress across adjoining lands owned by the owner necessary for the exercise of the rights herein granted. The right of ingress and egress may be by man, motor vehicle and construction equipment as necessary. The right of ingress and egress herein granted across the adjoining lands of owner shall be exercised and used in such a manner as not to cause any damage or destruction of any nature whatsoever to or interruption of the use of the adjoining lands owned by the owner. 3. USE OF PERMANENT EASEMENT AREA. The GRANTOR hereby reserves the right to use the PERMANENT EASEMENT AREA in any manner that will not prevent or interfere with the exercise by the TOWN of the rights granted hereunder; provided, however, that GRANTOR shall not obstruct, or permit to be obstructed, the easement premises at any time whatsoever without the express prior written consent of the TOWN. The GRANTOR is hereby prohibited from constructing and/or maintaining any type of permanent structure including buildings, underground pipes or conduits in, on, under or over the PERMANENT EASEMENT AREA without written permission of the TOWN. 4. GRANT OF OTHER EASEMENTS. The TOWN agrees that the GRANTOR shall have the right to grant other nonexclusive easements over, along, or upon the PERMANENT EASEMENT AREA; provided, however, that any such other easements shall be subject to the easement hereby granted; and provided, further, that the TOWN shall have first consented in writing to the terms, nature and location of any such other easements as not interfering with the rights granted hereunder. 5. RESTORATION. All areas disturbed by the TOWN'S exercise of the rights conferred herein shall be restored, as nearly as practicable, to the condition that existed prior to the disturbance. 6. TOWN SUPERVISION. All construction activities within the PERMANENT EASEMENT AREA will take place under the supervision and control of the TOWN or its agents. The TOWN shall only used responsible contractors for work within the PERMANENT EASEMENT AREA. All utility installations shall be approved by the Dutchess County Department of Health, the TOWN and any other regulatory body having jurisdiction. The TOWN shall obtain all necessary permits or authorizations that are necessary for construction work within the PERMANENT EASEMENT AREA. 7. INDEMNIFICATION. The TOWN agrees that it will indemnify the GRANTOR from all claims and actions in law and in equity which may arise out of, or as a consequence of, the negligence of the TOWN, or its authorized agents, servants or employees, in maintaining, repairing and utilizing the utility facilities. 8. DURATION. All rights, title and privileges herein granted, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the parties, their respective heirs, executors, administrators, successors, assigns and legal representatives. IN WITNESS THEREOF, the GRANTOR and TOWN have executed this instrument as of the date first set forth above. Michael E. Drago, Grantor Martha L. Drago, Grantor TOWN OF WAPPINGER, Grantee By: Richard L. Thurston, Supervisor 2 ACKNOWLEDGEMENTS STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. On October 12018, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael E. Drago personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. On October 12018, before me, the undersigned, a Notary Public in and for said State, personally appeared Martha L. Drago personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. On October , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard Thurston personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Tax Parcel: 135689-6257-02-851938, Town of Wappinger, County of Dutchess Record and Return to: JAMES P. HORAN, ESQ. Attorney to the Town of Wappinger Stenger, Roberts, Davis & Diamond, LLP 1136 Route 9 Wappingers Falls, New York 12590 8.7b LOT78 c dl O LOT49 E d / LOT79 S48°04'50'E 20' UT/L /TYEASEMENT ON FM #3427 N 2525 / w / PROPOSED WA TER & UT/L/TYEASEMENT4� AREA = 0.004 ACRES X0 . LOT48 O y dl / o " N N/F / ` o w DRAGO / � / 135689-6257-02-851938 / ~y Y / / N/F DUTCHESS COUNTY ASSES LLC \ W W J E ` 935689-6257-02-863924 N W \ Z m N o / Q REVOCABLE LICENSE TO MAINTAIN GARAGE IN EASEMENT WITH RELEASE THIS REVOCABLE LICENSE AND RELEASE AGREEMENT is made on the -03 day of October, 2018, by and between JAMES K DAVITT residing at 13 Regency Drive, Wappingers Falls, New York 12590 hereinafter referred to as the "OWNER" and R��odr�u NOV 2 0 2018 TOWN OF WAPPINGER THE TOWN OF WAPPINGER, TomM a Municipal Subdivision, with offices situated at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as the "TOWN". WHEREAS, the OWNER owns a certain parcel of real property bounded and described as Lot 7 as shown on a subdivision plat entitled "Rockingham Farms — Section 1" filed in the Office of the .Dutchess County Clerk on June 11, 1966 as Filed Map No. 3426 which parcel is also commonly referred to as 13 Regency Drive, Wappingers Falls, New York 12590 ("Lot 7") by virtue of a deed from ]aures A. Purdy and Lucy Buonaiuto as Co - Executors of the Estate of Pamela V. Horn to James K. Davittrecorded in the Office of the Dutchess County Clerk on January 11, 2013 as Document No. 02-2013-179; and WHEREAS, Lot 7 is burdened by a Utility Easement shown on Filed Map 3426 N co that extends 10 feet into Lot 7 from the southerly property line; and 0 WHEREAS, the OWNER inadvertently constructed a garage which encroaches y w approximately one foot into the Utility Easement; and WHEREAS, it does not appear that the underground drainage pipes located in the E Utility Easement are located under the encroachment; and w WHEREAS, the OWNERS acknowledge that in the event the TOWN cmd subsequently exercises its rights afforded by the Easement, that the garage within the Utility Easement may have to be disturbed and/or removed at the sole discretion of the Town of Wappinger, its agents and employees, and that the TOWN will not be obligated to replace E and/or reimburse the OWNERS for the loss or relocation thereof; RESOLUTION NO. 2018 - RESOLUTION AUTHORIZING REVOCABLE LICENSE AGREEMENT FOR MINOR GARAGE ENCROACHMENT WHEREAS, the owner of 13 Regency Drive applied for an area variance to reduce the side yard setback from the southerly property line for the construction of a garage; and WHEREAS, there is a 20- foot wide utility easement that straddles the southerly property line of 13 Regency Drive and extends for 10 feet into the property; and WHEREAS, the owner inadvertently constructed the garage so that it encroaches about 1 foot into the Utility Easement; and WHEREAS, the Attorney to the Town has reviewed the Utility Easement and has determined that the encroaching garage is unlikely to impede the use of the drainage pipes in the easement and it is appropriate to grant a revocable license to the owner of 13 Regency Drive; and WHEREAS, the revocable license provides that the Town may revoke the license for the garage in the event that it impedes the use of the Utility Easement; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby finds the terms of the annexed revocable license agreement to be reasonable. 2. The Town Board hereby authorizes the Supervisor to sign the annexed revocable license agreement on behalf of the Town of Wappinger. 3. The Supervisor is hereby directed to provide a copy of the Revocable License Agreement signed by all parties to the Town. Clerk who shall maintain the same in his files after it is executed. The foregoing was put to a vote which resulted as follows: RICHARD L. THURSTON, Supervisor Voting WILLIAM H. BEALE, Council Member Voting ANGELA BETTINA, Council Member Voting ROBERT JOHNSTON, Council Member Voting MICHAEL KUZMICZ, Council Member Voting Dated: Wappingers Falls, New York October 22, 2018 The Resolution is hereby duly declared adopted. JOSEPH P. PAOLONI, Town Clerk NOW THEREFORE, THE PAWfIES COVENANT & AGREE AS FOLLOWS: 1. Revocable License. A. The TOWN hereby grants to OWNERS q revocable license to maintain the existing garage, withiii the Utility Easement as the same exists as of the date of the execution of this instrument. B. The TOWN reserves the right to revoke the license if the encroaching garage obstructs the Town's ability to maintain its, facilities within the Utility Easement. If theToWN needs to revoke the license, the TOWN shall provide the OWNER 45 days' notice of revocation, unless there is an emergency which needs iminediate repair. C. The OWNERS will not be permitted to replace the garage, within the Utility Easement without the express written consent of the Town Board of the Town of Wappinger, which consent shall be evidenced by a Resolution duly adopted by the Town Board at a meeting and adopted in accordance with law. 2. Release and Indemnification. The OWNER hereby releases, discharges and agrees to indemnify, save and hold harmless the TOWN, and its officers, agents and employees, and will hold the TOWN free and harmless against any clairn, cause of action or damage to the aforementioned garage arising out of the construction, installation or maintenance of any pipes and appurtenances within the Utility Easement. 3. Binding Effect. The terms, covenants and agreements herein contained shall inure to the benefit of the OWNER, it respective heirs, distributes, legal representatives, successors and assigns. AMIES 1K'l:-'D�AVIT`I', Owner 'N of� W -1pI By: Richard L Thurston, Supervisor -2- MMIMM !t- ACKNOWLEDGEMENTS STATE OF NEW YORK ss: COUNTY OF DUTCHESS On the Z3 day of October, 2018, before me, the undersigned, personally appeared JAMES K. DAVI IT known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. tary Public BARBARA L. ROBERT[ Notary Public, State of New York STATE OF NEW YORK Reg. No. DIR06130344 Pultchess County ss. My Commission Expires July 19,4b 24*2-1 COUNTY OF DUTCHESS ) On the '2t day of October, 2018, before me, the undersigned, personally appeared RICHARD L. THURSTON known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. W06 01 V -Rat�.: NS 2 0 2418 -rOWN OF WA PPLNGER TOWN CLERK -3- N �C O C N N C O Q� T Na; cc N " N J 0 E r LL Q U Co O To- z O °° N°0 N D� 0 00 r J � N FW Cl V � IJ r. 0 E cnL LL L 0 V L QI r EO 0 N Z N O r NEW YORK LIQUOR Assoc]ATEs LLC PO BOX 1444 KINGSTON, NEW YORK 12402 October 16, 2018 I lon. Joseph P. Paoloni Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: 3 Guys Pizza Corp. d/b/a AMA Wood Fired Kitchen & Bar 1.083 Route 9, Suite 44, Fis,hkill, New York 12524 New York State Liquor Authority Application — 30 Day Notice Dear Mister Clerk, Enclosed herewith please find an original 30 -Day Advanced Notice in connection with the above referenced applicant's application to the New York State Liquor Authority, The applicant respectfully requests a waiver from the 30 Day waiting period. I have enclosed for you a sample letter. If the waiver is granted please return a letter stating so in the enclosed envelope. Please don't hesitate to contact me with any question. Thank you for your consideration. Kindest re ,ards, Woerner nbwoernerggmail.com Pa E C� E � V/ E [C)) OCT 1. 7' 1018 rev05042018 8.1{ OFFICE USE ONLY rOriginal 0 Amended Date 49 Standardized NOTICE FORM for Providing 30 -Day Advance Notice to a Local Municipality or Community Board 1. Date Notice was Sent: 110/16/2018 la. Delivered by: Overnight Mail with Tracking Number 2. Select the type of Application that will be filed with the Authority for an On -Premises Alcoholic Beverage License: 0 New Application 0 Renewal 0 Alteration 0 Corporate Change 0 Removal 0 Class Change 0 Method of Operation Change For New applicants, answer each question below using all information known to date For Renewal applicants, answer all questions For Alteration applicants, attach a complete written description and diagrams depicting the proposed alteration(s) For Corporate Change applicants, attach a list of the current and proposed corporate principals For Removal applicants, attach a statement of your current and proposed addresses with the reasons) for the relocation For Class Change applicants, attach a statement detailing your current license type and your proposed license type For Method of Operation Change applicants, although not required, if you choose to submit, attach an explanation detailing those changes This 30 -Day Advance Notice is Being Provided to the Clerk of the Following Local Municipality or Community Board: 3. Name of Municipality or Community Board: Town of Wappinger Applicant/Licensee Information: 4. Licensee Serial Number (if applicable): Expiration Date (if applicable): 5. Applicant or Licensee Name: 3 Guys Pizza Corp 5. Trade Name (if any): AMA - Wood Fired Kitchen & Bal" 7. Street Address of Establishment: 1083 Route 9, Suite 44 S. City, Town or Village: Flshkill NY zip Code: 12524 9. Business Telephone Number of Applicant/Licensee: 10 Business E-mail of Applicant/Licensee: mmyrtja@gmall.corn 11. Type(s) of alcohol sold or to be sold: 0 Beer & Cider 0 Wine, Beer & Cider i) Liquor, Wine, Beer & Cider 12. Extent of Food Service: 0 Full food menu, full kitchen run by a chef or cook 0 Menu meets legal minimum food availability requirements; food prep area at minimum 13. Type of Establishment: lRestaurant (full kitchen and full menu required) 14. Method of Operation: (check all that apply) 15. Licensed Outdoor Area: (check all that apply) ❑ Seasonal Establishment ❑ Juke Box ❑ Disc Jockey O Recorded Music ❑ Karaoke ❑ Live Music (give details i.e., rock bands, acoustic, jazz, etc.): ❑ Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑ Topless Entertainment ❑ Video/Arcade Games ❑ Third Party Promoters ❑Security Personnel ❑ Other (specify): 1 71 ❑ None ❑ Patio or Deck ❑ Rooftop [❑ Garden/Grounds ❑ Freestanding Covered Structure ❑� Sidewalk Cafe ❑ Other {specify): Page 1 of 2 opla-rev03292018 OFFICE USE ONLY FOOriginal 0 Amended Date 49 16. List the flooris) of the building that the establishment is located on: I First 17. List the room numbers) the establishment is located in within the building, if appropriate: I NIA 18. Is the premises located within 500 feet of three or more on -premises liquor establishments? ® Yes tD No 19, Will the license holder or a manager be physically present within the establishment during all hours of operation? 4D Yes ® No 20. If this is a transfer application (an existing licensed business is being purchased) provide the name and serial number of the licensee: Name Serial Number 21. Does the applicant or licensee own the building in which the establishment is located? ®Yes (if YES, SKIP 23-26) C) No Owner of the Building in Which the Licensed Establishment is Located O J 22. Building Owner's Full Name: I K & J Properties LLC v 23. Building Owner's Street Address: 1083 Route 9 O 24. City, Town or Village: IFishkill State: New York zip Code: 112524 0 2 L L 2S. Business Telephone Number of Building Owner: 917-474-3722 U M LO N e 00 Representative or Attorney Representing the Applicant in Connection with the Application for a License to Traffic in Alcohol at the Establishment Identified in this Notice N W 26. Representative/Attorney's Full Name: Nicky B. Woerner cV 27. Representative/Attorney's Street Address: PO BOX 1444 cv 0 r e 28. City, Town or Village: Kingston State: NeW YorkZp Code: 12402 0 cV 29, Business Telephone Number of Representative/Attorney: 845-706-7991 +� Q 30. Business E-mail Address of Representative/Attorney: nbwoerner@gmail.com E v am the applicant or licensee holder or a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made In submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, I affirm - under Penalty of Perjury - that the representations made in this form are true. 31. Printed Principal Name: IRifat MurtoviC Title: President r - Principal Signature: Page 2 of 2 Packet Pg. 60 t