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2019-10-28 Town of Wappinger Regular Meeting ~ Minutes ~ 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 Present 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 1. Motion To: Adopt the Agenda RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Acknowledge Minutes of October 15th, 2019 and October 21, 2019 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz IV. Public Portion 1. Motion To: Open Public Portion Town of Wappinger Page 1 Printed 11/22/2019 RESULT:ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz V.Resolutions RESOLUTION: 2019-200 Resolution Approving Elected Salaries For Fiscal Year 2020 And Directing A Public Hearing Thereon 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 2020 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, 2019; and WHEREAS, the Town Board has reviewed the Tentative Budget and has made changes thereto deemed reasonable and appropriate and intends to adopt the Elected Salaries 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. The Town Board of the Town of Wappinger shall meet at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 6th day of November, 2019 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 Southern Dutchess News, the official newspaper of the Town of Wappinger, OR in the Poughkeepsie Journal, before 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 foregoing was put to a vote which resulted as follows: Town of Wappinger Page 2 Printed 11/22/2019 Vote Record - Resolution RES-2019-200 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York October 28, 2019 The Resolution is hereby duly declared Adopted as Amended. RESOLUTION: 2019-201 Resolution Authorizing Transfer of Funds of Purchase of New Lawn Mower for Buildings and Grounds Department WHEREAS, the Director of Buildings and Grounds has requested the transfer of funds between various budget lines in order to purchase a new lawn mower. 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 authorizes the following budget line transfers: Amount From Line To Line $5,000.00 A7110.0103 Seasonal 1 A7110.0212 Equipment $6,500.00 A7110.0105 Seasonal 2 A7110.0212 Equipment The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-201 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York October 28, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-202 Authorizing The Retention Of Tate Law Group, LLC And The Sultzer Law Group P.C. As Special Counsel To Commence Litigation Against The Manufacturers, Distributors And Possibly Certain Prescribing Physicians Of Opioid Pharmaceuticals To Recover The Town of Wappinger Page 3 Printed 11/22/2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-202 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York October 28, 2019 Town of Wappinger Page 4 Printed 11/22/2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-203 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-203 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York October 28, 2019 The Resolution is hereby duly declared Adopted. VI. Items for Special Consideration/New Business Councilman Beale had concerns about the oversight on the Wappingers Creek. Attorney Horan cited the DEC as the overseeing authority as well as the Army Core of Engineers. He also cited dumping on Old Troy Road. He also mentioned the Kayak access point planned for that location on Old Troy Road. 1. Motion To: Resolution 2019-200 was amended to adopt the Elected Official's Salaries The elected official's salaries were added to Resolution 2019-200. Town of Wappinger Page 5 Printed 11/22/2019 RESULT:ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz VII. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 7:47 PM. ____________________ Joseph P. Paoloni Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz Town of Wappinger Page 6 Printed 11/22/2019 5.1.a LEGAL NOTICE TOWN OF WAPPINGER NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will th conduct a PUBLIC HEARING on the 6day of November, 2019, 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, 2020. 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 2020 are as follows: Supervisor $__61,000___________ Highway Superintendent $__83,661___________ Town Clerk $__60,634___________ Councilman $__11,883___________ Councilman $__11,883___________ Councilman $__11,883___________ Councilman $__11,883___________ Dated: October 28, 2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI, TOWN CLERK Attachment: Public Hearing for 2020 Budget (RES-2019-200 : Resolution Approving Elected Salaries For Fiscal Year 2020 And Directing A Packet Pg. 7 5.2.a Attachment: Toro GM360 100 10-22-19 (RES-2019-201 : Authorizing Transfer of Funds of Purchase of New Lawn Mower for Buildings and Packet Pg. 8 5.2.b Attachment: Toro GM7210 10-17-19 (RES-2019-201 : Authorizing Transfer of Funds of Purchase of New Lawn Mower for Buildings and Grounds Packet Pg. 9 5.3.a Attachment: Notice and FAQ for Multidistrict Litigation (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Litigation Packet Pg. 10 5.3.a Attachment: Notice and FAQ for Multidistrict Litigation (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Litigation Packet Pg. 11 5.3.a Attachment: Notice and FAQ for Multidistrict Litigation (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Litigation Packet Pg. 12 5.3.a Attachment: Notice and FAQ for Multidistrict Litigation (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Litigation Packet Pg. 13 5.3.a Attachment: Notice and FAQ for Multidistrict Litigation (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Litigation Packet Pg. 14 5.3.a Attachment: Notice and FAQ for Multidistrict Litigation (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Litigation Packet Pg. 15 5.3.a Attachment: Notice and FAQ for Multidistrict Litigation (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Litigation Packet Pg. 16 5.3.a Attachment: Notice and FAQ for Multidistrict Litigation (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Litigation Packet Pg. 17 5.3.a Attachment: Notice and FAQ for Multidistrict Litigation (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Litigation Packet Pg. 18 5.3.a Attachment: Notice and FAQ for Multidistrict Litigation (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Litigation Packet Pg. 19 5.3.a Attachment: Notice and FAQ for Multidistrict Litigation (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Litigation Packet Pg. 20 5.3.a Attachment: Notice and FAQ for Multidistrict Litigation (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Litigation Packet Pg. 21 5.3.b LEGAL SERVICES CONTRACT Mail or Fax to: TATE LAW GROUP, LLC 2 E. Bryan Street, Suite 600 Savannah, GA 31401 Telephone: (912) 234-3030 Fax: (912) 234-9700 THE SULTZER LAW GROUP P.C. 85 Civic Center Plaza, Suite 200 Poughkeepsie, New York 12601 Telephone: (845) 705-7100 Fax: (888) 749-7747 WHEREASs of Tate Law Group, LLC and The Sultzer Law Group P.C. s (collectively, attorneys in the prosecution of any legal claim against manufactures and distributors of opioids arising out of distribution of opioids. 1. FEE PERCENTAGE: As consideration for legal services rendered and to be rendered by the Law Firms in carrying out the purpose hereof, Client agrees to pay Law Firms 25% (twenty-five percent) of all amounts recovered after litigation expenses are subtracted. Client assigns, and the Law Firms accept and acquire as their fee, a proportionate interest in the subject matter of any claim, action, or suit instituted or asserted under the provisions of this agreement. The Client shall pay no expenses or fees in case of loss. 2. DISBURSEMENTS: The Law Firms shall be reimbursed all reasonable expenses associated with the legal services being rendered including, but not limited to, legal research, fax, postage, copying, travel, litigation, and expert expenses. Costs shall also include, but not be - withheld from any settlement or favorable judgment by any defendant. In addition to the above listed individual costs, there will be common benefit costs. Common benefit costs are costs expended for the common benefit of a group of clients. For example, if a deposition of a defendant expert witness is taken in one case, and this deposition can be used for and/or benefits the claims of many other clients, these costs will be classified as common benefit costs. By using this common benefit cost system, no one client has to solely bear the costs which actually benefit the group as a whole, and many of the most substantial costs of litigation can be shared equally by all. Client grants a special privilege to the Law Firms for their professional fees, expenses, Attachment: Town of Wappingers Retainer Agreement 10.22.19 (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Packet Pg. 22 5.3.b costs, interest, and loans, on all monies and properties recovered or obtained for Client. Clien repayment of costs and expenses is contingent on the outcome from any funds received on the claim in question. -five percent fee percentage will be calculated after all litigation costs and expenses are subtracted. 3. FINANCING OF CASE: If the firm accesses loans from any lending institution to finance the cost this firm to pay the cost of prosecuting or defending a claim or rate of prime + 2%, or an amount the Court permits. In no event will the interest be greater than the amount paid by the firm to the lending institution. 4. APPEALS: The above contingency fee does not contemplate any appeal. The Law Firms are under no duty to perfect or prosecute any such appeal until a satisfactory fee arrangement is made between the Parties and is reduced to writing regarding costs and atto fees. 5. NO GUARANTEE OF FINAL OUTCOME: No attorney can accurately predict the outcome of any legal matter. Accordingly, the Law Firms make no express or implied representations as to the final outcome of the matter(s) contemplated by this Agreement. 6. APPROVAL NECESSARY FOR SETTLEMENT: Client hereby grants the Law Firms power of attorney so that the Law Firms may have full authority to prepare, sign and file all legal instruments, pleadings, drafts, authorizations, and papers as shall be reasonably necessary to conclude the representation including settlement and/or reducing to possession any and all monies or other things of value due to Client under its claim as fully as the Client could do so. The Law Firms are any and all negotiations concerning the subject of this Agreement. To be clear, all decisions regarding final resolution of the litigation, including settlement, are within the sole power of the Client. 7. ASSOCIATION OF OTHER ATTORNEYS: The Law Firms may, at their own expense, use or associate with other law firms in the representation of the Client. Client understands that the Law Firms employ a number of attorneys. Several of those attorneys may 8. ASSOCIATE COUNSEL: Another attorney may participate in the division of fees in this case and assume joint responsibility for the representation of Client, either in the event that the Law Firms retain associate counsel or in the event that Client later chooses new counsel, provided that the total fee to Client does not decrease as a result of the division of fees and that the attorneys involved have agreed to the division of fees and assumption of joint responsibility. Attachment: Town of Wappingers Retainer Agreement 10.22.19 (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Packet Pg. 23 5.3.b 9. PARTIES BOUND: This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representative, successors and assigns. 10. LEGAL CONSTRUCTION: In case any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable, such invalidity, herein illegality, or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained. 11. PRIOR AGREEMENTS SUPERSEDED: This Agreement constitutes the sole and only agreement of the Parties hereto and supersedes all prior understandings or written or oral agreement between the Parties respecting the within subject matter, if any. 12. TERMINATION OF REPRESENTATION: The Client may terminate the Law of it at any time by providing written notice to the Law Firm at the above address. 13. DISPUTE: In the event of a dispute between the Client and the Law Firm, it will be resolved at National Arbitration in Garden City, New York and New York law will govern. Each party to pay its own costs and expenses. Client certifies and acknowledges that Client has had the opportunity to read this Agreement. Client further affirms that Client has voluntarily entered into this Agreement, that Client has been advised that Client may seek legal counsel to review this Agreement before signing, and that Client is fully aware of the terms and conditions contained in this Agreement. SIGNED AND ACCEPTED ON THIS _______day of____________________, 2019. Tate Law Group, LLC Town of Wappingers By: Signature: By: Attachment: Town of Wappingers Retainer Agreement 10.22.19 (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Packet Pg. 24 5.3.b Address: The Sultzer Law Group P.C. By: Attachment: Town of Wappingers Retainer Agreement 10.22.19 (RES-2019-202 : Authorizing The Retention Of Tate Law Group To Commence Packet Pg. 25 5.4.a Attachment: 2019-10-28 (RES-2019-203 : Correspondence Log) Packet Pg. 26 5.4.a Attachment: 2019-10-28 (RES-2019-203 : Correspondence Log) Packet Pg. 27 5.4.a Attachment: 2019-10-28 (RES-2019-203 : Correspondence Log) Packet Pg. 28 5.4.a Attachment: 2019-10-28 (RES-2019-203 : Correspondence Log) Packet Pg. 29 5.4.a Attachment: 2019-10-28 (RES-2019-203 : Correspondence Log) Packet Pg. 30