2020-05-26
Town of Wappinger
Regular Meeting
~ Minutes ~
I. Call to Order
Attendee Name Organization Title Status Arrived
Richard Thurston Town of Wappinger Supervisor Present 7:00 PM
William H. Beale Town of Wappinger Councilman Present 7:00 PM
Angela Bettina Town of Wappinger Councilwoman Present 7:00 PM
Christopher Phillips Town of Wappinger Councilman Present 7:00 PM
Al Casella Town of Wappinger Councilman Present 7:00 PM
Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:00 PM
Tim Moot Consultant Engineer Present 7:00 PM
Jim Horan Consultant Attorney Present 7:00 PM
II. Salute to the Flag
III. Agenda and Minutes
1. Motion To: Adopt Agenda
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Acknowledge Minutes of May 11, 2020
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
IV. Supervisor's Comments
V.Public Portion
1. Motion To: Open Public Portion
Town of Wappinger Page 1 Printed 6/4/2020
RESULT:ADOPTED \[UNANIMOUS\]
MOVER: Richard Thurston, Supervisor
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Close Public Portion
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
VI. Discussions
1. Engineer's Update on Tri-Municipal, Capital Projects, and Highway Garage
Engineer Moot updated the board on the Tri-Municipal Grant update. He presented to the board
but gave no documents to the Town Clerk for publishing in these minutes. The purpose was to
increase the processing capacity of the plant by improving the efficiency. With the processing of
Mid-Point Park, Wildwood, and Woodhill Green, this would improve the situation in the
Wappinger Lake. Currently there is capacity of about 3 MM gallons per day, and the upgrade
will process 5 MM gallons per day. Timeframe is at least 2-3 years. To do this the board agreed
that the Town of Wappinger must have a seat on the Tri-Muni board. We've put in over $12MM
over the last 10 years.
The Chelsea water project needs to deliver pipes over the Hudson via the bridges. Mike Sheehan
will be on guard to see any potential damages to our town roads.
The roundabout at the New Hackensack, All Angels, Route 376 will begin after the construction
on Old Hopewell Road so as not to over burden traffic in our town.
Councilman Casella asked for a priority list for the highway garage.
2. Motion To: Pay no more than $15,000 to fix HVAC repairs
Pay no more than $15,000 to make HVAC repairs. No documents were provided for recording
in these minutes; nor, were they promised.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
3. New phone system acquisition
Town of Wappinger Page 2 Printed 6/4/2020
Keith Studt ITC phone systems explained a proposal for an overhaul and upgrade of the Town
phone system. See the Town Video for details.
4. Motion To: Authorize Highway Superintendent to Start the Highway Paving
Councilman Al Cassella pointed out that we needed $400,000 more to bond. To do it now will
get the best prices you can get. Total cost for the roads would be $1,015,000. $400,000 more is
needed. A 2% bond would be the lowest rate in a long time It would cost $31,000 per year for
the difference. Bonding will also be combined with the BAN financing for the HVAC coming
up; all at record low rates. The board agreed to secure the funding and then evaluate if needed.
Recycle Center to open this Saturday May 30th, 2020. The 2019 permits will still be honored
until town hall opens. Permits can always be acquired by mail for those without 2019 permits.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
5. Motion To: Cancel Summer Camp for 2020
Director Fulton said, "Opening Camp is not a good thing for us right now".
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
6. Signs (Children at Play, Highway Speed, Stop Sign, Park & Littering)
VII. Resolutions
RESOLUTION: 2020-111
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.
Town of Wappinger Page 3 Printed 6/4/2020
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-111
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
Al Casella Mover
Dated: Wappingers Falls, New York
May 26, 2020
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2020-112
Resolution Accepting First Reduction In The Security Posted With The Performance
Agreement Secured By A Surety Bond In Connection With Maloney Heights Subdivision
WHEREAS, by Resolution 2019-91, the Town Board accepted a Performance
Agreement executed by Sustainable Ridgeline Corp., secured by a Surety Bond issued by
Developers Surety and Indemnity Company in the principal sum of Six Hundred Twenty-One
Thousand Four Hundred Eighty 00/100 Dollars ($621,480.00) in favor of the Town of
Wappinger as the guarantee of completion of the construction, installation and dedication of
improvements required for the Maloney Heights Subdivision; and
WHEREAS, Sustainable Ridgeline Corp. has completed most of the required
improvements for said subdivision; and
WHEREAS, by letter dated May 18, 2020, Thomas Harvey, P.E. of CPL, has
recommended a reduction in the security posted to the sum of Two Hundred Twenty-Two
Thousand One Hundred Twenty 00/100 Dollars ($222,120.00); and
WHEREAS, the Town Board hereby agrees to and authorizes a reduction in the security
posted with the Performance Agreement, and hereby agrees to accept a reduced Surety Bond in
the sum of Two Hundred Twenty-Two Thousand One Hundred Twenty 00/100 Dollars
($222,120.00) as security to guarantee the completion of the remaining work.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby agrees to
accept a reduced Surety Bond in the amount of Two Hundred Twenty-Two Thousand One
Hundred Twenty 00/100 Dollars ($222,120.00), as the security posted with the Performance
Agreement so as to ensure that the improvements required for Maloney Heights Subdivision will
be properly completed and maintained as required by the Planning Board Resolution of Approval
dated March 4, 2019; and be it further
RESOLVED, that the Surety Bond previously posted in the sum of Six Hundred
Twenty-One Thousand Four Hundred Eighty 00/100 Dollars ($621,480.00) is hereby authorized
to be released by the Town Clerk to Sustainable Ridgeline Corp. upon delivery of a reduced
Surety Bond in the sum of Two Hundred Twenty-Two Thousand One Hundred Twenty 00/100
Dollars ($222,120.00) in form acceptable to the Attorney to the Town.
The foregoing was put to a vote which resulted as follows:
Town of Wappinger Page 4 Printed 6/4/2020
Vote Record - Resolution RES-2020-112
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
Al Casella Mover
Dated: Wappingers Falls, New York
May 26, 2020
The Resolution is hereby duly declared Adopted.
VIII. Executive Session
1. Motion To: Enter Executive Session
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Return From Executive Session
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
RESOLUTION: 2020-113
Resolution Appointing Director Of Strategic Planning And Municipal Codes
WHEREAS, effective land use in the Town of Wappinger requires the effective
coordination of Planning, Zoning and Code Enforcement activities; and
WHEREAS, the job duties of the existing civil service positions of Building Inspector
and Zoning Administrator do not provide the ability to effectively coordinate land use functions
among the different departments and no not encompass strategic planning functions; and
WHEREAS, the Town Board of the Town of Wappinger wishes to create the position of
Director of Strategic Planning and Municipal Codes with the job duties set forth in the Class
Specification established by the Dutchess County Department of Human Resources to enhance
the Tow
WHEREAS, the Dutchess County Department of Human Resources has advised that the
position created is open competitive and subject to examination on a promotional basis; and
WHEREAS, the Dutchess County Department of Human Resources has not
administered a test for the position, nor has it established a list of qualified candidates; and
Town of Wappinger Page 5 Printed 6/4/2020
WHEREAS, the Town Board wishes to appoint a Director of Strategic Planning and
Municipal Codes on a provisional basis until such time as a list of eligible candidates is created
and a permanent appointment can be made; and
WHEREAS, the Town Board made a budgetary appropriation for a Director position in
the Building Department, however the Town Comptroller recommends that such position should
be budgeted within the Zoning Department, so a budget transfer is necessary; and
WHEREAS, the position of Director of Strategic Planning and Municipal Codes is not
addressed in the Collective Bargaining Agreement between the Town of Wappinger and
position that is not within the bargaining unit; and
WHEREAS, the Town Board has reviewed the qualifications of employees who meet
the minimum requirements of the position;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby appoints Barbara Roberti to the full-time civil
service title Director of Strategic Planning and Municipal Codes for the Town of
Wappinger, effective May 26, 2020 and shall end within the time period prescribed
by Civil Service Law §65(3) and the rules of DCHR.
2. The position of Zoning Administrator may only be filled on a contingent
or temporary basis so long as Ms. Roberti is provisionally appointed to the position of
Director of Strategic Planning and Municipal Codes for the Town of Wappinger as
she maintains her retreat rights into the Zoning Administrator position in accordance
with the Rules of the Dutchess County Department of Human Resources.
3. The annual salary of the Director of Strategic Planning and Municipal
Codes shall be $70,000 which shall be paid bi-weekly from budget line 8015.103B.
4. The following budget transfer is authorized to fund the salary for the
position:
Amount From Line To Line
$70,000 B3620.109B Director of Code B8015.0103 Director of Strategic Planning
Enforcement & Municipal Codes
5. The appointment is subject to the approval of the Dutchess County
Department of Human Resources and is further subject to Civil Service Law and the
Rules of New York State and the Dutchess County Department of Human Resources.
6. The appointment is subject to a probationary term of not less than eight
nor more than twenty-six weeks in accordance with the rules of the Dutchess County
Department of Human Resources.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-113
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Seconder
Dated: Wappingers Falls, New York
May 26, 2020
Town of Wappinger Page 6 Printed 6/4/2020
The Resolution is hereby duly declared Adopted.
IX. Adjournment
Motion To: Wappinger Adjournment & Signature
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Town of Wappinger Page 7 Printed 6/4/2020
7.1.a
Attachment: 2020-05-26 (RES-2020-111 : Correspondence Log)
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Attachment: 2020-05-26 (RES-2020-111 : Correspondence Log)
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Attachment: 2020-05-26 (RES-2020-111 : Correspondence Log)
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Attachment: 2020-05-26 (RES-2020-111 : Correspondence Log)
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Attachment: 2020-05-26 (RES-2020-111 : Correspondence Log)
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Attachment: 2020-05-26 (RES-2020-111 : Correspondence Log)
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Attachment: 2020-05-26 (RES-2020-111 : Correspondence Log)
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7.2.a
STATE OF NEW YORK
SUPREME COURT COUNTY OF DUTCHESS
In the Matter of the Application for a Review Under
Article 7 of the Real Property Tax Law of a Tax
STIPULATION OF
Assessment by
SETTLEMENT AND
JUDICIAL ORDER
IMPERIAL IMPROVEMENTS, LLC,
Petitioner,
Index No.
2016-51687
-against-
2017-51656
2018-51964
THE ASSESSOR(S) FOR THE TOWN OF WAPPINGER,
2019-52573
THE BOARD OF ASSESSMENT REVIEW FOR THE TOWN
OF WAPPINGER, AND THE TOWN OF WAPPINGER IN
THE COUNTY OF DUTCHESS, NEW YORK,
Respondents.
WHEREAS Petitioners Imperial Improvements, LLC (hereinafter, the
duly and timely commenced the above-captioned proceedings
pursuant to Article 7 of the Real Property Tax Law by and through its attorneys, Speno
MacLeod, PLLC (Kevin R. MacLeod, Esq. and Rebecca M. Speno, Esq., of counsel)
against the Assessor for the Town of Wappinger, the Board of Assessment Review for
the Town of Wappinger, the Town of Wappinger
Town Dutchess, to review the assessment on real property owned by the
Petitioner that was, for the assessment roll years at issue, identified by the Assessor
on said assessment rolls as tax identification number 6158-15-589264-0000 and
located at 1574-1576 Route 9, respectively, in the Town of Wappinger
and
WHEREAS the Town Respondents appeared in these proceedings by and
through their attorneys Wallace & Wallace, LLP (Craig Wallace, Esq., of counsel);
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however, the Wappinger Central School District, County of Dutchess or Village of
Wappinger Falls did not intervene or appear in these proceedings;
WHEREAS, Petitioner and Respondents are collectively referred to herein as
WHEREAS, the Parties have entered into extensive settlement negotiations and
have agreed that settlement is in the best interests of the Parties, so as to avoid the
cost of further litigation, among other things; and
NOW, THEREFORE IT IS HEREBY STIPULATED AND AGREED that the
Parties propose to settle these proceedings upon the terms and conditions set forth in
this Stipulation of Settlement and Judicial Order:
1. These proceedings shall be consolidated under Index No. 2019-52573.
2. The Subject is located in the Town of Wappinger, Wappinger Central
School District, Village of Wappinger Falls, and County of Dutchess taxing and
assessing jurisdictions and their special and other districts (e.g., fire and library
districts).
3. The original assessments on the Subject for the years at issue, and the
reduced assessments for the years at issue shall be as follows:
Current Reduced
Year Reduced FMV Equ. Rate
Assessment Assessment
2016/17 $6,760,000 $6,760,000 100% $6,760,000
2017/18 $6,760,000 $6,760,000 100% $6,760,000
2018/19 $6,760,000 $5,600,000 100% $5,600,000
2019/20 $6,760,000 $5,600,000 100% $5,600,000
4. The Assessor and all other relevant officers and authorities of the
relevant taxing jurisdictions are hereby authorized to make and correct this
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assessment(s) as outlined above on the appropriate books and records of each such
jurisdiction.
5. Full refunds from the Town, Village, County and School District (including
any overpayments for library taxes, fire district taxes and any other ad valorem levies)
shall be paid to the Petitioner as a result of the reduced assessment set forth herein
for the years at issue. Refund payments shall be paid within 30 days of the affected
taxing jurisdictions receiving a demand for such refunds. Service of the demand on the
School shall be sufficient for any library refunds and service on the Town and/or County
shall be sufficient for any Town or County special district refunds (including fire districts,
etc.). Refund checks shall be made payable to IMPERIAL IMPROVEMENTS, LLC and
mailed to Speno MacLeod, PLLC, PO Box 152, Baldwinsville, New York 13027.
Interest on said refunds shall be waived if all refunds are received within 30 days of
service of the demand therefore. Any property tax delinquencies (including any interest
and penalties accrued thereupon) for any of the years pending shall be recalculated
based upon the reduced assessments above for such years.
6. RPTL 727 shall apply to this settlement to "freeze" the property's
assessment at $5,600,000 on the 2020, 2021 and 2022 assessment rolls, regardless
of revaluation, reassessment or update.
7. These proceedings shall be discontinued without prejudice upon entry of
this Stipulation of Settlement and Judicial Order. Petitioner shall have the right to seek
specific enforcement of the terms of this Stipulation of Settlement and Judicial Order
and to otherwise enforce this Stipulation of Settlement and Judicial Order by whatever
means provided by law.
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8. This Stipulation of Settlement and Judicial Order shall not be construed
proceedings or the parcels at issue.
9. This Stipulation of Settlement and Judicial Order shall be considered the
and agreement between and among them. There shall
be no modification of this Stipulation of Settlement and Judicial Order except by a
subsequent writing signed by the authorized representatives of the Parties herein, and
10. The Parties authorize their attorneys to execute this Stipulation of
and each signatory below affirms that they have the proper authority to so execute this
Stipulation.
11. If any provision of this Stipulation of Settlement and Judicial Order shall
be determined to be invalid, illegal, null or void, or unenforceable to any extent, the
remainder of this Stipulation shall remain in effect to the fullest extent of the law.
12. This Court shall retain jurisdiction over this matter for the purposes of
enforcing the terms of this Stipulation of Settlement and Judicial Order.
13. Electronic signatures and electronically-transmitted images of original
signatures shall be deemed original signatures for the purposes of expediting the filing
of this Stipulation of Settlement and Judicial Order.
14. This Stipulation of Settlement and Judicial Order may be executed in
multiple counterparts including by means of facsimile, PDF/ADOBE e-mail, etc., each
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of which shall be deemed an original, but all of which together shall be considered and
constitute one and the same instrument.
15. An executed copy of this Stipulation of Settlement and Judicial Order,
shall be entered and docketed in the appropriate
E-mail transmission of the Notice of
Entry of this Stipulation of Settlement and Judicial Order to counsel shall be sufficient.
DATED: __________ SPENO MACLEOD, PLLC
By: ________________________________
Rebecca M. Speno, Esq.
Kevin R. MacLeod, Esq.
Attorneys for Petitioner
PO Box 152
Baldwinsville, New York 13027
315.876.5297
DATED: __________ WALLACE & WALLACE, LLP
By: ________________________________
Craig M. Wallace, Esq.
Attorneys for the Respondents
85 Civic Center Plaza, Suite LL3
Poughkeepsie, New York 12601
845.473.0900
SO ORDERED AND ENTERED THIS _____________ DAY OF ___________, 2020.
By: ___________________________________
Hon. James V. Brands, J.S.C.
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8.3.a
DIRECTOR OF STRATEGIC PLANNING AND MUNICIPAL CODES
DISTINGUISHING FEATURES OF THE CLASS:
This is a highly responsible position that provides oversight to the Planning, Zoning and
Code Enforcement departments and leadsa municipalitysplanning efforts.Underthe
general direction of a municipal official, the incumbent is responsible for all municipal
codes including the New York State Uniform Fire Prevention, zoning and building
Codes. The incumbent reviews the following for compliance: site plans, subdivision
applications, variance applications, sign/grading permits, and building permits. The
incumbent also reviews local municipal zoning codes for relevance and updates
accordingly. In addition, the incumbent performs work involving the preparation and
review of local ordinances related to development activities and provides
recommendation of solutions to planning and zoning problems. Supervision is exercised
over a number of technical and clerical personnel. Work is performed under the general
supervision of the Town Board.
TYPICAL WORK ACTIVITIES
Typical work activities for incumbents in this title include those listed below in addition
to those work activities performed by lower level titles. They are indicative of the level
and types of activities performed by incumbents in this title. They are not meant to be all
inclusive and do not preclude a supervisor from assigning activities not listed which
could reasonably be expected to be performed by an employee in this title.
1. Supervises a municipal department charged with the administration and enforcement
of municipal codes, NYS Uniform Fire Prevention, Zoning and Building Codes;
reviews and inspects staff work, identifying and implementing changes and
improvements;
2. Directs the issuance of permits, certificates of occupancy, and licenses (i.e. building
permits, wetlands, steep slopes, signs, peddling, etc.);
3. Responds to questions, complaints and interacts with the general public, developers,
and contractors on municipal codes, and on matters relating to planning and building
development;
4. Prepares local municipal zoning code reviews for relevance and adds definitions, text
amendments and new ordinances as required;
5. Enforces provisions of zoning ordinances and subdivision regulations by
investigating complaints, issuing orders, fines and summonses to remedy violations;
6. Maintains records of acts and decisions, responds to FOIL requests, and works with
e with receivables and the reporting of income;
7. Attends various Board and Public workshops, public hearings and professional
associations and represents the municipality, as required;
8. Coordinates meetings regarding project updates with consultants, Town Supervisor,
and staff;
9. Plans, directs, reviews and inspects proposed and ongoing projects including those in
the field;
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10.Works with the Town Planner and Engineer on active/pending projects; obtains
engineering signoffs and approval;
11.Prepares and oversees the departmental budgets, maintains inventory and asset
management, personnel administration, and other managerial functions;
12.Develops and implements policy initiatives and changes for the building department
in an effort tostreamline current procedures, suchasupdating applications and
inspection procedures; any major policy changes are recommended to the Town
Board for approval;
13.Coordinates with other municipal departments and the
properties are correctly assessed and that their building file to up to date with the
sharing of information.
FULL PERFORMANCE KNOWLEDGE, SKILLS ABILITIES AND PERSONAL
CHARACTERISTICS:
Knowledge of the requirements of the Uniform Fire Prevention and Building
Code, and zoning ordinances;
Knowledge of the local codesand laws regarding standards for new and existing
structures;
Knowledge of basic inspection techniques;
Knowledge of modern land use principles and practices;
Knowledge of Geographic Information Systems (GIS) to check easements, boundaries,
wetlands and floodplains;
Knowledge of modern office principles, practices, equipment and software;
Ability to prepare, maintain and establish policies;
Ability to prepare written reports and maintain records;
Ability to read and interpret building plans and specifications;
Ability to communicate effectively, both orally and in writing;
Ability to plan and supervise the work of others;
Ability to understand and interpret complex oral and written information, including the
advice of legal and engineering consultants;
Personal characteristics necessary to perform the duties of the position;
Physical condition commensurate with the duties of the position.
MINIMUM QUALIFICATIONS:
EITHER: (A) Bachelor's degree in engineering, architecture, building science,
planning or closely related field and six (6) years of full-time work
experience as a zoning administrator, building inspector, building
contractor, construction superintendent, general contractor or
construction supervisor;
OR: (B) Completion of sixty college credits and eight (8) years of full-time
work experience as described in (A);
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OR: (C) Graduation from high school or possession of a high school
equivalency diploma and ten (10) years of full-time work
experience as described in (A);
OR: (D) A satisfactory equivalent combination of training and experience
within the limits of (A) and (C) above.
SPECIAL REQUIREMENTS:
1. Possession of a valid Driver License to operate a motor vehicle in New York State
at time of application and to maintain the position.
2. Pursuant to New York State Executive Law, candidates must successfully
complete training as prescribed by the New York State Department of State,
Division of Code Enforcement and Administration after initial appointment. It is
the responsibility of the appointing authority to ensure that employees shall
complete the prescribed minimum basic code enforcement training within the
applicable period established, as well as required annual in-service training. For
further information on these requirements, you may access
http://www.dos.state.ny.us/code/edu.htm
ADOPTED: 5/14/2020
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