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2019-08-05 Town of Wappinger 20 Middlebush Road Wappingers Falls,NY 12590 Regular Meeting townofwappinger.us — Minutes — Joseph Paoloni (845)297-5771 Monday, August 5, 2019 7:30 PM Town Hall I. 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 Absent 7:30 PM Christopher Phillips 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 II. Salute to the Flag III. Agenda and Minutes Councilwoman Bettina was sick and not present for that meeting to discuss the town parks and signs issue. The Supervisor acknowledged the absence of Councilwoman Bettina at the meeting due to being sick. The Supervisor stated because of her interest in the matter, that the discussion involving the town park and signage issue should be tabled to the next meeting. The Supervisor also took a minute to recognize the issue regarding the Chelsea Water Main. There are plans to hold a meeting regarding this matter within a couple of weeks. No date was set. RESOLUTION: 2019-163 Resolution Re-Apppointing Cap Assessor WHEREAS, the Towns of Wappinger and Fishkill are empowered to enter into an Inter- Municipal Agreement to appoint one Assessor to hold the office of and act as the Assessor in both Towns, pursuant to Sections 576 and 579 of the Real Property Tax Law and pursuant to Article 5-G of the General Municipal Law; and WHEREAS, the Towns of Wappinger and Fishkill entered into an Coordinated Assessment Agreement, on December 28th, 2006 and said agreement has been reviewed by the Towns from time to time; and Town of Wappinger Page] Printed 9/19/2019 Regular Meeting Minutes August 5, 2019 WHEREAS, the Town of Wappinger enacted a Coordinated Assessment Program between the Town of Wappinger and the Town of Fishkill with the enactment of Local Law No. 8 of the year 2006 which is codified at Chapter 150 of the Town of Wappinger Code; and WHEREAS, the Town of Wappinger and Town of Fishkill jointly appointed and then reappointed Christian Harkins as the CAP Assessor for both Towns; and WHEREAS, pursuant to Real Property Tax Law §§ 310 and 579(3)(a) the term of the CAP Assessor for both Towns is six years, with the next term commencing on October 1, 2019; and WHEREAS, the Town of Board of the Town of Wappinger believes that it has been very ably served by the incumbent assessor Christian Harkins and wishes to reappoint him for another six year term commencing on October 1, 2019; and WHEREAS, officials of the Town of Fishkill indicated that the Town of Fishkill also wishes to reappoint the incumbent CAP Assessor; and WHEREAS, the CAP Assessor is a Non-Competitive Confidential and Policy Influencing title under the Rules of the Dutchess County Department of Human Resources; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby reappoints Christian Harkins to serve as the Single Assessor for the Coordinated Assessment Program between the Towns of Wappinger and Fishkill for a six year term commencing on October 1, 2019 subject to joint approval by the Town of Fishkill. 2. The Town Board hereby waives the need to conduct any interviews to fill the position as the incumbent assessor is most qualified for the position. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources and other State Agencies as required by Law. The foregoing was put to a vote which resulted as follows: J Vote Record-Resolution RES-2019-163 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard ThurstonVoter 0 ❑ ❑ ❑ ElDefeated William H.Beale.......................Seconder........D........,........❑..... El..... ❑..... 0 Tabled Angela Bettina......................... ..Voter............. .................❑..... .....❑...............D..... ❑ Withdrawn Christopher Phillips.................. .Voter..... .......D...... ❑.......,........❑........,.......❑..... Next:9/9/19 7:30 PM Michael Kuzmicz Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 05, 2019 The Resolution is hereby duly declared Tabled. 2. Motion To: Adopt Agenda Signs will be discussed at the next meeting. Chelsea water hookup meeting in 2 or 4 weeks not a town board meeting. Town of Wappinger Page 2 Printed 9/19/2019 Regular Meeting Minutes August 5, 2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina 3. Motion To: Acknowledge Minutes of July 8, 2019 ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina IV. Public Portion 1. Motion To: Open Public Portion ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina 2. Motion To: Close Public Portion ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina V. Discussions 1. Financial Review First Half 2019 -Fredrick Awino Comptroller Awino presented the half year financials. Town of Wappinger Page 3 Printed 9/19/2019 Regular Meeting Minutes August 5, 2019 r 2. Update by CPL of Certain Current Projects - Tim Moot Tim Moot addressed a capital projects overview. He handed out documents to the board andwith the town clerk. Excerpts are publishing below. Topics discussed were: Carwath Chapel Roof Grant Funding Opportunities Wildwood Consolidation Waterfront Revitalization for Hughsonville, Carnwath and Chelsea Robinson Lane Park Old Post Road Water Extension Chelsea Hamlet Water Extension Wildwood/Woodhill Green Sewer Old Post Road Sewer Extension Highway Garage Front Street Concepts The details of the discussion are on the August 5, 2019 video on the town website. 3. Motion To: Request by New Hackensack for Permit Fee Waiver - Sue Dao Supervisor Thurston handed out the request to the board but did not file it with the clerk for recording in these minutes. Town of Wappinger Page 4 Printed 9/19/2019 Regular Meeting Minutes August 5, 2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina 4. Veterans Highway Support-Kevin Hathorn Mark Coviello from the Dutchess County Division of Veterans Services addressed the town board to explain the department's services and benefits that they can receive. He gave his contact number which is 845 473 8641. Signs were proposed on the northern and southern border of Route 9 in the town. It will be called Wappingers Veterans Memorial Highway. 5. Request for Funding for Additional Town Streets And Roads -Vincent Bettina The superintendent Of Highways Proposed doing Spring Hill Road and Forest View. The amount that was Asked for was 175,000- 180,000. The details will be presented at the next meeting. VI. Resolutions RESOLUTION: 2019-159 Municipal Resolution WHEREAS, the Town of Wappinger is applying to New York State Environmental Facilities Corporation for a grant under the Intermunicipal Grant Program for a project titled Untied Wappinger Water District, Village of Wappingers Falls, Woodhill Green Emergency Interconnection. WHEREAS, the grant application requires the applicant municipality to obtain the approval/endorsement of the governing body of the municipality or municipalities in which the project will be located; NOW, THEREFORE, be it resolved that the governing board of the Town of Wappinger hereby does approve and endorse the application for a grant under the Intermunicipal Grant Program, for a project known as Untied Wappinger Water District, Village of Wappingers Falls, Woodhill Green Emergency Interconnection and located within this community. The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2019-159 D Adopted Yes/Aye.. No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H.Beale.................... Voter... D .... ❑ .....,...... ❑ ......,..... ❑..... ❑ Tabled Angela Bettina Voter ❑ ❑ ❑...... 0 ... .... . ... ...... ....... ....... . ❑ Withdrawn Christopher PhillipsSeconder 0 ❑ El ❑ v Michael Kuzmicz.......................Moer..,........D.......,........❑.......,........❑........,.......❑..... Town of Wappinger Page 5 Printed 9/19/2019 Regular Meeting Minutes August 5, 2019 Dated: Wappingers Falls, New York August 05, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-160 Resolution Authorizing Refund Of Escrow Held For Seeding And Stabilization At 20 Eck Road WHEREAS, on December 17, 2018, Rieger Homes, Inc. deposited a bank check in the amount of$1,500 to insure that seeding and stabilization of the property at 20 Eck Road would be completed; and WHEREAS, on June 28, 2019, the Engineer to the Town and the Zoning Administrator confirmed that the work had been satisfactorily completed and that a return of the escrow deposit was warranted; NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby authorizes a refund of $1,500 to Rieger Homes, Inc. being held in escrow for work at 20 Eck Road. The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2019-160 D Adopted Yes/Aye No/Nay Abstain Absent ElAdopted as Amended Richard Thurston ...................Voter D ❑ ❑ ,.......... ..❑ ❑ Defeated William H.Beale Voter 0 ❑ ❑ ❑ ..... ........ ....... ......... ....... ......... ....... ......... ....... . ❑ Tabled AngelaBettina Voter ❑ ❑ ❑ 0 ............... .. . ......... ....... ........ ................ ❑ Withdrawn Christopher Phillips Seconder 0 ❑ ❑ ❑ Michael Kuzmicz Mover E 0 EE . Dated: Wappingers Falls, New York August 05, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-161 A Resolution Authorizing, Subject To Permissive Referendum, The Replacement Of The Heating,Ventilation And Air Conditioning System At Town Hall, In And For The Town Of Wappinger, Dutchess County, New York,At A Maximum Estimated Cost Of $1,300,000,And Authorizing The Issuance Of$1,300,000 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 Town of Wappinger Page 6 Printed 9/19/2019 Regular Meeting Minutes August 5, 2019 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 replacement of the heating, ventilation and air conditioning system at Town Hall, in and for the Town of Wappinger, Dutchess County, New York, including incidental improvements and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of$1,300,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of$1,300,000 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 fifteen years, pursuant to subdivision 91, based upon subdivisions 12(a) and 13, 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 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 Town of Wappinger Page 7 Printed 9/19/2019 Regular Meeting Minutes August 5, 2019 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: Vote Record-Resolution RES-2019-161 D Adopted Yes/Aye No/Nay Abstain Absent ElAdopted as Amended Richard Thurston Voter D ❑ El ❑ El Defeated William H.Beale Voter D ❑ ❑ ❑ ❑ Tabled An elaBettina Voter ❑ ❑ ❑ 0 ❑ Withdrawn Christopher Phillips Seconder 0 ❑ El ElMichael Kuzmicz Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 05, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-164 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence La - 20,19-08-05 Number To From Date Date Ree` Re: Agenda Date 88-85-881 Tow Board lBarbara Robet 719 2819 719 2819 Settlement A reemeiii For Smarr 815 2819 88-85-882 Torn Clerk lBarbara Roberti 7/28/2819 7/28/2819 Schedule Of Bonds For August 2819 8/5/2819 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2019-164 D Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ DefeatedWilliamH.Beale.................... Voter... D...... ❑.......,........❑...... ❑ .. ❑ Tabled Angela Bettina Voter ❑ ❑ ❑ D .. ........ ... .. ........ .. ... ......... .. ❑ Withdrawn Christopher Phil lipsSeconder 0 ❑ El ElMichael Kuzmicz Mover.. . ......D.................❑.......,........❑........,.......❑..... Dated: Wappingers Falls, New York August 05, 2019 Town of Wappinger Page 8 Printed 9/19/2019 Regular Meeting Minutes August 5, 2019 The Resolution is hereby duly declared Adopted. VII. Items for Special Consideration/New Business 1. Motion To: Authorize Engineer to Negotiate with Mr.Shah of Old Post Road Concerning Water This is regarding a Water Service Tenant Agreement. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina 2. Motion To: Have First Responder Awards on Sunday September 15 at 6PM ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina VIII. Executive Session 1. Motion To: Enter Executive Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina 2. Motion To: Return From Executive Session Returning From executive decision. Steve Frazier wants to fill the open position. A resolution will be submitted at the next meeting. Town of Wappinger Page 9 Printed 9/19/2019 Regular Meeting Minutes August 5, 2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Thurston, Supervisor SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina RESOLUTION: 2019-162 Resolution Adopting Hearing Officer's Findings And Recommendation Of Penalty In Civil Service Law § 75 Disciplinary Proceeding WHEREAS, at its November 7, 2018, Special Meeting, the Town Board approved the filing of written charges and specifications against a certain employee in a proceeding pursuant to Civil Service Law X75 for removal or other discipline; and WHEREAS, at its November 26, 2018 regular meeting, the Town Board designated Frederick D. Romig, Esq. as a Hearing Officer to conduct the proceedings pursuant to Civil Service Law X75 and directed him to issue a report of his findings to the Town Board and to make a recommendation as to the penalty that should be imposed;and WHEREAS, the Hearing Officer conducted a hearing on June 5, 2019 regarding the disciplinary charges and issued his report of Findings and Recommendations dated July 30, 2019; and WHEREAS, the Hearing Officer found that the employee was guilty of all five of the charges that were preferred and recommended that the employee be dismissed from service for each and every count upon which the Employee has been found guilty;and WHEREAS, the Town Board has reviewed the Charges, the Findings and Recommendations of the Hearing Officer, and the Transcript of the hearing, the exhibits submitted on behalf of the Town and the employee; NOW, THEREFORE, BE IT RESOLVED: 1. The Town Board has reviewed the Record of the proceeding and hereby makes the following findings of Fact: a. The Transcript and Hearing Officer's Findings and Recommendation (HO Findings) establish that after ample due notice by Employee's attorney, Employee did not appear at the hearing on the scheduled date (June 5, 2019) and did not warn her attorney that she did not intend to appear. Therefore, none of the evidence presented by the Town was contradicted on the merits by the Employee except the Jiava testimony. The hearing officer was therefore not required to weigh contradictory evidence as normally would be the case if the Employee had appeared and testified in her own defense. b. None of the members of the Town Board participated in the investigation of the Employee's conduct except to authorize the town supervisor to prefer charges against the Employee. No members attended the hearing or testified at the hearing. c. The testimony of Receiver of Taxes Lee Anne Freno, including Exhibit 2 (the Freno complaint) is credited by the Town Board. Employee's duties were to collect water and sewer payments at the window in town hall shared with the Receiver of Taxes, Lee Anne Freno. Occasionally, Employee would take a payment for Freno if Freno were on a break or otherwise busy. Collections are normally conducted at the Town of Wappinger Page 10 Printed 9/19/2019 Regular Meeting Minutes August 5, 2019 receiving window in town hall or by mail according to notices that go to taxpayers, and on the date in question Employee reported to Freno that she had received a school tax payment and placed it in the receiving box, but the circumstances were inconsistent as described by the Employee, and upon further discussions described in Exh. 2 the Employee's story changed and she admitted having lied to Freno and other town officials that she received a payment at the post office from Laurie Jiava and upon returning to the town offices she secreted the payment in a pile of tax receipts that were not found by Freno because of their misfiling. Freno explained that it is against her policy and official tax collection practices for unauthorized persons to possess tax payments off premises and to not immediately record such payments so the payments are not delayed. The Employee was not authorized to possess tax payments off premises. Freno testified that the mishandling of this particular payment was in conflict with the practices required by Freno, which undermined Freno's compliance with the handling requirements imposed on her department. The taxpayer who asked the Employee at the post office to bring the tax payment to town hall testified that when she was town supervisor it was not unusual for tax payments to be brought to town hall by town employees. The Town Board credits Freno's testimony that such liberties are not permitted and conflict with policies and procedures of the Receiver of Taxes and notes that the Employee's defense did not tender any evidence other than the Jiava unsubstantiated testimony that it had been a common practice in the past. d. The Town Board also credits the testimony of Regina Dauzat and Exhibits 3-7 that are time records of the Town for Employee, showing notations concerning the amount of leave she took and whether she gave required notice to her supervisor. Exh. 3 is the Warning Report dated 10/31/2018 showing multiple occurrences of taking excessive leave time to the extent of exceeding her accumulated leave availability, lateness and failure to give notice to her supervisor. Exh. 4 is a spreadsheet prepared by Dauzat based on Exhibits 4-7 showing as of 3/14/2019 Employee had 39.25 Personal Time hours used and she had run out of personal time and had a negative balance, Employee had 44.5 hours of Sick Time used and 35 hours used of Vacation Time, and in all categories she had 20 instances of not getting her leave time approved by her supervisor, as required by the Teamster Contract (Exh. 9) and Personnel Manual (Exh 8). The time frame covered by Exh. 3 is Jan 10, 2018 to her suspension on 11/8/2018. Rate of accrual of leave is stipulated in Exh. 9, the Teamster Contract; e. Termination is an appropriate penalty in view of the Employee's deceptive activity, to wit, deliberately misfiling the tax payment so it would not be noticed by Freno, misrepresenting the circumstances of the mishandled tax payment with three very different accounts to town officials, and persistent misuse of leave time during her tenure with the Town in violation of the Teamster contract and the Town Personnel Manual. 2. Based on the Record, the Findings stated above, and the Findings and Recommendations of the Hearing Officer, and having duly deliberated, the Town Board makes the following determinations: a. Charge # 1- Misconduct for accepting a tax payment outside of the town hall without authorization to do so. Guilty b. Charge # 2- Misconduct for failing to notify Receiver of Taxes payment received outside of Town Hall. Guilty Town of Wappinger Page 11 Printed 9/19/2019 Regular Meeting Minutes August 5, 2019 c. Charge #3- Misconduct for deceptively placing tax payment in stack of payments to be processed. Guilty d. Charge #4- Misconduct for lying about facts of receiving tax payment. Guilty e. Charge #5- Misconduct for excessive time out of work. Guilty. 3. That the Town Board hereby agrees with the recommendation of the Hearing Officer that the Employee is guilty of Charges 1, 2, 3, 4 and 5 that are preferred against her and upon such finding of guilt, the penalty of termination for each and every one of the charges should be imposed upon the Employee; and 4. The Town Board hereby imposes the penalty of termination from service as the penalty for each of the charges and that effective August 5, 2019, the Employee's service as a Town employee is hereby terminated and any suspension without pay is part of the penalty pursuant to Civil Service Law �75; 5. The Town Clerk is directed to mail a copy of this resolution to the Employee and her attorney. The Town Clerk is directed to provide a copy of this resolution, the Charges, the Findings and Recommendations of the Hearing Officer, and the Transcript of the hearing, the exhibits submitted on behalf of the Town and the employee to the Dutchess County Department of Human Resources. The foregoing was put to a vote which resulted as follows: J Vote Record-Resolution RES-2019-162 D Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as AmendedRichard Thurston Voter 0 ❑ ❑ ❑ .. .................. .... ......... ..... .......... .................. ................ ...... El Defeated William H.Beale Voter D ❑ ❑ ❑ El Tabled AngelaBeiiina .................. Voter ❑.. ❑ ❑ D ........ ......... El Withdrawn Christopher Phillips Seconder 0 ❑ ❑ ❑ Michael Kuzmicz Mover D ❑ El ❑ Dated: Wappingers Falls, New York August 05, 2019 The Resolution is hereby duly declared Adopted. IX. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 10:00 PM. Joseph P. Paoloni Town Clerk ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina Town of Wappinger Page 12 Printed 9/19/2019 L TOWN OF WAPPE GER w 'ECCE, V E-'D O L v 0 BUILDING DEPARTMENT � TOWN OF WAl'P1N,,GER � SN Building Department 20 Middiebush Rd. ¢ Wappiner Falls,NY 12590 CUSTOMER REQUEST FOR ESCROW RETURN N cc TO: TOWN OF WAPPINGER DATE: 271P q o FROM: r � ADDRESS: `- 102 d) NkeukL40 � AN 12 55 N SITE: go Ec 112A w GRID: 57.-....0 ` 6MA7 TO WHOM IT MAY CONCERN: a I AM REQUESTING MY ESCROW TO BE RETURNED CONCERNING: � WORD CONDITION AMOUNT °C 3 1 si n ". ice+C3 w AS THE WORD LISTED HAS NOW BEEN COM]n4ature BE INSPECTED E BY YOUR OFFICE. _ L a, 2 c w 0 Pant Name n' c 4" - 2 E Telephone of Contact Packet Pg. 13 TOWN OF 'WAPPINGER O U- 0 v W BUILDING DEPARTMENT 4- 20 MIDDLEBUSH ROAD 'WWAPPINGERS FALLS, NY 12590-0324 (845)297-5256 w- FAX: (845)297-0579 ai c 'N .L 0 Escrow Return Authorization _ GRID No.: 6.p5-7- 03-- 07! 1b SITE ADDRESS: ,deo E Ck m r Ry signature of the Code nfor ement/Fire Inspector i Zoning Administrator this confirms that the N escrow received on for the amount of: Ch w 1, $ n SEEDING/STABILIZATION � 2. $ DRIVEWAY 3. $ RAIN GARDEN a is/are complete in accordance with the Town of Wappinger specifications. Confirmation of completion � has been verified,if needed,with the Engineer to the Town and/or Highway Superintendent by the Code Enforcement.Officer. a) M Escrow maybe forwarded to the Comptroller and Town Board for authorization of return of escrow. L v Payment should be payable and sent to: w NAME: A i e er Hames Tna. v ADDRESS: 4 0 1 C / of " Plank" u i 4e 12 � ew ur , A1Y Ix'650 _ Respectfully, Code Enforcement Officer fire Inspecto Zoni Administrator ��f 0 F�g W Date ature 0 Print Narfe E v Q Packet Pg.14 6.2.a TOWN OF WAPPINGER, NY P.O. BOX 324, 20Middlebush Road Purchase Order._.... Wappingers Falls, N.Y. 12590 Do Not write In This Box U- PURCHASE ORDER&VOUCHER 2 Date.Voucher Received AMOUNT � FUND-APPROPRIATION '7e 0 Uj Rank . AN al 550 TOTAL C ABSTRACT NO. � O L DateQuantity Description of Materials or Services UNIT AMOUNT PRICE Q C O ESCROW RETURN FOR: 0C 2 STABILIZATION: $ 1, -500-0y �� 00 1I 00 0 DRIVEWAY: $ W 0 BUILDING PERMIT: fig($-0207C/O: X le-0.20 T m GRID N O.: X57 Q 3- 0?1 P 67 PROPERTY: Q0 ECS, Ind. (n .............................................................................,... w MONEY PLACED IN ESCROW ON: AMOUNT PURPOSE METHOD RECEIPT $ 11500 — Stabilization CK40*19 10877# l9— 17776 Driveway CK# # 0 v rI �� 04 w v c CLAIMANT'S CERTIFICATION ,,rryy. WE certify that the account in the amount of $ � ti.J E I is true and correct;that the items,services,and disbursern is char d were rendered to or forthe municipality on the dates stated that = no part haite n pai or satisfied„that taxes,from wh •l hem lity is exempt,are not included,.and that the amount claimed is actually due. d' "� ?Ij h G� oc 8J i atrrre Title (S ce Below for Municipal Use) O DEPARTMENT APPROVAL APPROVAL FOR PAYMENT � The above services or materials were rendered,or This claim is approved paid from the appropriations Y V furnished to the;municipality on the dates stated and the indicated above W charges are correct N C d s= L V DATE AUTHORIZED OFFICIAL DATE COMPTROLLER Q Packet Pg.15 l ,..., ` f ✓` ., �„ � . ^. ,� .•.r..rr .rte^ °�--.- �rr-^ +r,;, 6n rdnw Ceww a P�.Groraw e@s�iarvu 1 OFFICIAL sus-art��aankaa f' ; r kat , 12/ '3/ 16 , ' NeWbtir4 i",Nf'N'Yrar Re�n� er JEGEt �IIIIES, IVC Girder+AWN OF 'IdAPiNGEl=2 o U- Pay QNE THOUSAND'FIVE HU'NDRED'DOLLAR$,ANb,00'tENTS 0 L ewer: KeyBa,nk N W Issti®d y:Citibank N.A.Os�e,Pednr�'s Wad,NewCas#ie,'DE 19720 For inforrhatian about this irrsurnerot„ca@:9-88&556-542 AUTHORIZE[ SIGNiRTQRE, � cc 'N 110028 ? 1097 ?v 1:0 3 1 100 2091: 38744212'v ESCROW PAYMENTS 0 /ry 7 DATE: `7 APPLICATION /ACCOUNT No.: _ °C o �� 0 PROJECT NAME: - c K R l Z. a) N LOCATION /ADDRESS; - �`� , cn III T9?- SUBDIVISION APP. FEE: RECEIPT No.: SUBDIVISION ESCROW:. RECEIPT No.: SUBDIVISION POST PLANNING: RECEIPT No.: SITE PLAN APPLICATION FEE: RECEIPT No.: SITE PLAN ESCROW: RECEIPT No.: v SITE PLAN POST PLANNING: RECEIPT No.: w SPECIAL PERMIT APP FEE; RECEIPT No.: SPECIAL PERMIT ESCROW: RECEIPT No.: T33 E RECREATION FEE: RECEIPT No.: _ T96 ROAD INSPECTION FEE: RECEIPT No.: 2 cc T92 ZBA ESCROW RECEIPT No.: cc T99 TOWN-Be E,5CROW RECEIPT No.: W T93 BUILDING DEPT. RECEIPT No.. 19-17771 N c v cc: Escrow Administrator Comptroller Zoning Sec Racket Pg. 16 6.2.a T"O"XIN OFWAPPINGER, mm y 0 T0'0/'N CYF k?J/,,,PPINGER 20 MIODLEBUSH ROAD w ,. WU"APPINGERS FALLS,IVY 12590 0 FSH:845-297.6256 'a Falx: gL--297'-0579 www. OMICIQ anr�Laerus w Building Department cc c •N Escrow Acceptance c B/P—C/O—ESCROW# DATE o NAME: CD 1 �✓ ADDRESS: L l St}tT Ir- d)d CONTACT#: _1"-641t 155 N cn GRID NO.:_ b - Cr L5 � 3 r A,�l l uj SITE ADDRESS: '10 ftz. &O dPj� 1 Z'51 L 1, $ ? K2I✓eD Ceve.*tri) a 3. $ c the undersigned as contractor and/o agent fang subsequent owner, agree to post a cash or certified check in the amount of S for the following non-structural items not yet completed on the following listed property: v This escrow will be taken no sooner than December I and no later than April 1. All work will be completed by w the above-signed and inspected by this office no later than.lune 1. v c If any work is not completed to the satisfaction of this office by the above date,the above property owner E of record agrees to allow a third-party contractor designated by this office to complete the work from the 0 escrow funds deposited. See above referenced section of Town of Wappinger Local.Law.A copy of this = document must 6e given to aAcnjta owner of the property for acknowledgment. 0 Contractor/Cora any/OwnerDate: 12h-411 VV V0 cc sr DEPARTMENTAL NOTES:-ATTACHED COPIES OF ALL CHECKS RECEIVED AND C/O ISSUED TO THIS DOCUMENT AND PLACE IN GRID FILE AND OUTSTANDING ESCROW FILE N c 0 v Packet Pg. 17 12/27/2018 Town of Wappinger 20 Mid'dlebush Rd. Wappingers Falls, NY 12590 (845) 297-6256 U- FEES PAID x 3 0 Reference: v 6257-03-071167 w 6 C7Id N Plank Rd Rieger Homes Inc 0 0 20 Eck Rd 0 x a� Date Fee _ __ Check No. Receipt No. _.. ......./amount s L 12/27/2018 ESCROW - BUILDING 028710977 18-17776 $1,500.04 0 c 0 0 Total: $1,500.0( CD T.- d) r N Cn W a 0 v w v E 0 x 2 0 c v w N E v Ti...., is a receipt for payment of flees. This is not a building permit. a Date Printed: 12/27/201'8 Packet Pg.18 ' Thin uc a rpt-pint fnr navmpnt of fpP-,_ Thifi i!C not r"1 hidIrlinn narrnit_. � a� rn p (N N LO LO 'G 00 00 C m a � N EN L � 0 � LL E � O °' 0 L Q 00 � o C) a0 CD C 0) m C3 r a, N � � N iz: L ti o o v 0 CDCD J m (��t N d) p � N ti h N V1 W cc O co i O L a) O r N a� " L � � v O w co a C.alL Mm coco W LO I-- -0 O � 00 U e c 3 3 0 0 I- I-- m o c E o 0 3 LO U 0 0 o o Packet Pg. 19 20 A --I r"�O, —6-4.a ORIGINAL AGREEMENT WENNDY LYNN SMART, 2187 Route 9D, Wappingers Falls, New York 12590, ("Smart") TOWN OF WAPPINGER PLANNING BOARD, 20 Middlebush Road, Wappingers Falls, New York 12590, ("Planning Board") and UNITED WAPPINGER WATER DISTRICT, Town of Wappinger, Town Fall, 24 iddlebush Road, Wappingers Falls, New York 12590 J v ("Water District") agree as follows: C, 1. Planning Board and/or Water District shall refund to Smart the v CD water payment in the amount of 3,2011.00 imposed for the newly formed lot r N per Smart's subdivision within ten working days of the execution of this W cc LO Agreement by all parties. The parties agree that a payment was heretofore 9 O made for the connection of the original property at 191 River Road North, N Wappingers Falls, New York 12594 ("the Property") to be included within v a the water district. The parties further agree that at such time in the future as Smart or a subsequent owner makes application for a water connection for the newly formed lot, Smart shall pay a connection fee in the then current amount to the extent that such a fee is required by the Town Code at the time nCj) J00132501 1) � JUL 0 9 2019 TOWNOF WAPPINGER TOWN CLERK Racket Pg.20 of requested connection. 2. Planning Board and the Town's Park Land Trust shall refund to Smart within ten (10) working days of the execution of this Agreement by all parties the sum of TWO THOUSAND, FIVE HUNDRED ($2,500.00) DOLLARS being 50% of the recreation fee, to wit, 50% of FIVE THOUSAND ($5,000.00) DOLLARS heretofore paid. The remaining TWO v C THOUSAND, FIVE HUNDRED ($2,500.00) DOLLARS will .remain with C 0 0 the Park Land Trust as Smart's recreation fee payment. v CD 3. In the interest of settlement, the Town will credit Smart for future Ir- ) r applications for building permits or other approvals and for future charges in W cc connection with the construction on the newly created lot up to the amount ofLO Co O TWO THOUSAND, FIVE HUNDRED ($2,500.00) DOLLARS. If, in N C accordance with the Town's adopted fee schedules, future charges exceed v this credit amount, Smart understands and acknowledges that she will be a responsible for any fees in excess of TWO THOUSAND, FIVE HUNDRED ($2,500.00) DOLLARS. This credit shall be unique to Smart and will not run to the benefit of any subsequent owner of the newly constructed lot. (00132501 1} 2 Racket Pg.21 4. Within ten working days of the execution of this Agreement by all parties, Barbara Roberti in her capacity as Zoning Administrator will provide to Smart confirmation that all of the conditions required to be satisfied in order for the Smart subdivision plat to be signed and filed have been satisfied. 5. Planning Board and Water District withdraw, with prejudice, their v Appeal to the Appellate Division, Second Department, from the Decision and C, Order of Judge Christi J. Acker dated August 8, 2018. v 6. The parties agree that the aforesaid Decision and Order will have r r no precedential application for future subdivisions. W cc 7. This Agreement is entered into to settle a dispute between theLO co O Planning Board and Water District on the one hand and Smart on the other N hand. Smart, Planning Board and Water District each assert that their v positions in the aforesaid litigation are correct but have nonetheless entered a into this Agreement to settle the dispute. WENDY LYNN SMART {pp1325pI 1) 3 Racket Pg.22 TOWN OF WAPPINGER PLANNING BOARD By; BRUCE FLOWER, Chairman UNITED WAPPINGER WATER DISTRI T 0 J v By; [To Be Signed by Supervisor & N Town Board Members on Behalf L 0 of the Water District] `' r d) r N (n W cc LO O 00 O a) r N 0 E v a 100132501 11 9 Racket Pg.23 6.4.a Barbara Robert From: Richard Thurston Sent: Wednesday,June 12, 2019. 11:02 AM To: Barbara Roberti Subject: Re: Smart Settlement Looks fine to me.. Dick Sent from my iPhone On Jun 1.2, 2019, at 10:57 AM, Barbara Roberti<Hob rt i e�tgAr.L:��u ts��ir�i1�'i,�.m��wrote: ai Richard, J v Would you please look at the attached settlement agreement for Smart and let me know if you agree with it. I am working with Ian MacDonald, Rebecca's former,co-worker to settle this. � O CL Thank you, L O Barbara U 0 Ir- d)d) r ? r ara, 1vb i,ti N raaa,rn,g .. GCmiii.A'str,ato)ely7fbod-PCai ,.dini istr"a.tor W 20 ,MiddTebush, Road `n 1Wgpp rtger J'aAe, MI12590 9 845.297-1373 Ext. 2 00 w r 0 <Clean - Settlement agreement - Smart v. Town of"Wappinger PB-United' appinger Water District (00l3250lxE226B).rtf> v t Racket Pg.24 Regular Meeting Minutes April 8, 2019 IX. Last Minute Resolutions Approved After Executive Session Not Placed on the Agenda 1. Motion. To: Authorize the Supervisor to Execute the Proposed Agreement From Smart versus the Planning Boardon on Behalf of the UW WD Floor Resolution after Executive Session: Supervisor Thurston said., "There is a resolution coming out of executive session. This is a resolution as follows: 'Whereas the town of Wappinger planning board in the Wappinger water district are parties in the litigation entitled Smart versus the Town of Wappinger Planning board and United Wappinger Water district, Dutchess County index number 2552/2017; and, whereas the parties wish to resolve the matter in accordance with the terms and conditions in the proposed settlement agreement; now therefore be it resolved the town board hereby a, authorizes the supervisor to execute the proposed agreement on behalf of the United 0 Wappinger Water District.' The motion passed. 0 CL ..--.-...-__._.___..__- v, 0 RESULT; ADOPTED [UNANIMOUS] MOVER: William H. Beale,Councilman U SECONDER: Christopher Phillips, Councilman r AYES: Richard Thurston,William H. Beale, Christopher Phillips,Michael Kuzmicz d) r ABSENT: Angela Bettina N (n LU o: 2. Motion To: Authorize the Town Engineer to do a Survey for the Chelsea Dock For o Clarification of the Property Lines and Responsibilities o a) r RESULT: ADOPTED [UNANIMOUS] N MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips,Councilman _ AYES: Richard.Thurston,William H. Beale, Christopher Phillips,Michael Kuzmicz .ABSENT: Angela Bettina X. Adjournment Motion To: Wappinger Adjournment& Signature The meeting adjourned at 9:35 PM, Joseph P. Paoloni Town Clerk Town of Wappinger Page 14 Printed 411812019 Racket Pg.25 ZONING ADMINISTRATOR TOWN OF WAPPINGER SUPERVISOR --�-_--�. Barbara Roberti - Ext. 128 , Dr.Richard Thurston PLANNING BOARD& � TOWN BOARD ZONING BOARD OF William H.Beale APPEALS SECRETARY - ---- , Christopher Phillips Bea Ogunti - Ext 122 Angela Bettina MichaelKuzmicz ZONING DEPARTMENT 20 MIDDLEBUSH ROADDQ WAPPINGERS FALLS,NY 1.2590 (845)297-1373 Ext.2 Fax(845)297-0579 JU `' kr ;l 0 J www.towrnceBonds s � TOWN OF WApFgj` ER To: Joseph Paoloni, Town Clerk TOW CLE RK From: Barbara Roberti, Zoning Administratoc. Re: Schedule of Performance & Mainte for the month of August 2019 v July 26, 2019 PERFORMANCE BONDS r N SUBDIVISION (Sub.) SECURED w SITE PLANS SP BY AMOUNT CALL EXPIRES STATUS °C LO 0 All Angels Hats. Subdivision Cash Deposit $104,427.60 No expiration date -accepted by TB co 10/17/16 a) 0 cm Furnia Subdivision Letter of Credit $260,640.00 5115120 6121120 -accepted by TB c SBLC 1021 7-8-19 E v Hilltop Village-Toll Land V Surety Bond $462,457.00 No expiration date -reduction #39B SBGG1368 accepted by TB 9129115 Hilltop Village-Toll Land V Surety Bond $155,800.00 No expiration date -2°a reduction ( Sidewalks, Street Trees &Lighting) #SU1133194 accepted by TB July 23, 2018 Maloney Heights Subdivision Bond $621,480.00 2115120 4/1/20 -accepted by TB (Arnjad Nesheiwat) #775180S 418119 Ridges Subdivision Letter of Credit $104,464.80 511120 6/26/20 -Reduction accepted by the TB 6/26117. Racket Pg.26 6.4.a l' MAINTENANCE BONDS SITE PLAN RESTORATION BONDS Calvary Chapel of the H.V. Cash Deposit $41,600.00 ****** -Accepted by TB on — -- — February 24, 2014. Released upon J Resolution Approval w/signed maps c 0 20 MacFarlane Road Bond No. 8559N $25,000.00 12/18/2020 Accepted by the TB or May 28, 2019. v Furnia Subdivision Cash Deposit $7,500.00 ******** -Accepted by TB on March 12, 2018 a) Released upon o Resolution Approval vn w/signed maps cc us Old Hopewell Commons Cash Deposit $5,000.00 ******* -Accepted by TB on 009 August 6, 2018 9 Released upon o Resolution Approval w/signed maps Osborne Square Cash Deposit $2,000.00 ******* -Accepted by TB on v April 11, 2016 Released upon Completion of Dumpsters Prestige Mini Cash Deposit $4,640.00 ******* -Accepted by TB on March 24, 2014. Released upon Resolution Approval w/ signed maps Cc: Planning Board Thomas Harvey Town Board Vincent Bettina James Horan File Racket Pg.27