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2021-04-12 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ~ Minutes ~ Joseph Paoloni (845)297-5771 Monday, April 12, 2021 7:00 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Remote William H. Beale Town of Wappinger Councilman Remote Angela Bettina Town of Wappinger Councilwoman Remote Christopher Phillips Town of Wappinger Councilman Remote Al Casella Town of Wappinger Councilman Remote Joseph P. Paoloni Town of Wappinger Town Clerk Remote Cooper M Leatherwood Town of Wappinger Deputy Town Clerk Remote Tim Moot Consultant Engineer Remote James Horan Consultant Attorney Remote II. Salute to the Flag III. Agenda,Minutes, Reports 1. Motion To: Adopt Agenda Supervisor Thurston added the appointment of a Board of Assessment Review member. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of March 22, 2021 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 3. Supervisor's Comments Supervisor Thurston addressed the board regarding the opening of town hall. He suggested that there was still a high level of activity with one death in the county. Councilman Beale suggested a May 1st opening subsequent to an April 26th discussion. Town of Wappinger Page 1 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 4. Financial Review by Comptroller Comptroller Awino provided a financial update of the financials of the Major funds as of March 8, 2021. Town of Wappinger Page 2 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 The discussion moved to the grant monies from the federal government for the Spook Hill Park from the CDBG. IV. Public Portion 1. Motion To: Open Public Portion Town Clerk Paoloni read a question forwarded from Communications Director Joe Cavacinni received from the Little League president. "Subject: Robinson Lane floors - As the board knows I'm the President of the Town of Wappinger Little League. I recently spoke with our liaison. Councilman Al Casella, regarding the bathroom floors at Robinson Lane. We both feel it would be more advantageous to just paint the floors and use the substantial savings that would be budgeted for that to repair the cracks on the Challenger Field. I hope this meets with a warm reception. Thank You to you all for your continued support." This was further discussed under Item 1 Section VIII after Executive Session. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion Town of Wappinger Page 3 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella V. Discussions 1. Motion To: Approve the Agreement with Joe Felippe and authorize sand for Martz Volleyball Courts Not to exceed $2,000 Proposl Director Fulton addressed the Volleyball Courts at Martz Field and the arrangement with Joe Felipe. The discussion centered on beach sand and its cost. Attorney Horan suggested a not to exceed amount for a board vote. The board agreed to sign the agreement not to exceed $2,000 for two courts. Attorney Horan pointed out to the board and Public that this alteration for the Tennis Courts" is a Type II SEQRA action. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Re-opening of Town Hall - Thurston Councilwoman Bettina agreed to wait and not open town hall. Councilman Casella suggested waiting until April 26th to re-assess and see what the statistics are before re-opening. Councilman Beale addressed the scheduled Planning Board meeting on May 3rd. He suggested using the school district's auditorium and to check availability. 3. Earth Day - Cavaccini Joe Cavaccini addressed the board regarding Earth Day cleanup. This has been a regular event and is scheduled for April 24th starting at Wappinger Town Hall. County Road Myers Corners Road and State Road 9D were discussed as in need but not permitted to clean by state law. A waiver liability was put in place two years ago to protect citizens engaging in the cleanup. Highway Superintendent Michael Sheehan pointed out that the town roads are in great shape. Attorney Horan said that to clean County roads the town would need to apply for a permit. 4. Motion To: Allow Eagle Scout Candidate with a Project to Clean Middlebush Cemetary to Move Forward Town of Wappinger Page 4 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 5. Robinson Lane Floor - Frazier Per the opening comment to the board during the Public Portion, Steve Frazier yielded to Al Casella to use the funds for repairing the cracks in the Challenger Field. This was resolved under Item 1 Section VIII after Executive Session. 6. Village Water Connection - Tim Moot Tim Moot explained the shared grant with the village. Village Engineering firm, KC Engineering, is ready to go to bid for the interconnection. New York State DEC asked the board to submit a letter declaring that it had excess capacity to cover the Village's water needs. Originally, the interconnection was for emergency use only. An intermittent supply for an emergency basis would not require approval from DEC water supply. Village use would be 500,000 gallons per day. This would be required to supply the village while they repair their water system and do maintenance. The definition of emergency was deliberated on. Councilwoman Bettina pointed out that they could get water from the Town of Poughkeepsie once the expired contract was updated. She said once the emergency period ended they could begin taking from the Town of Poughkeepsie. She questioned why they couldn't get an updated agreement before the Town went through the trouble to connect and why they couldn't get an updated agreement with the Town of Poughkeepsie in the first place. Councilman Casella and Phillips both agreed that once the town was supplying water, it would be very difficult to shut them down when the Village was still in need. It was suggested that Mike Tremper be consulted on capacity constraints for in a future discussion. 7. 5K Race Update- Hathorn/Ross Kevin Hathorn explained details of the upcoming 5K race on Sunday April 18th at 7AM Saturday. Randi Ross explained the Year of the Veterans program. The governor signed a VI. Resolutions RESOLUTION: 2021-46 Resolution Authorizing Purchase Of Lift For Buildings & Grounds WHEREAS, the Supervisor of Buildings & Grounds advises that an articulating man lift would be very useful for maintaining the buildings and grounds of the Town as well as trimming trees on town property and along the right of way of town highways; and WHEREAS, the Town no longer owns a boom truck used to trim trees and access high areas; and Town of Wappinger Page 5 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 WHEREAS, the Supervisor of Buildings & Grounds has obtained various quotes from sellers of surplus equipment for a JLG Model 600AJ articulating lift which has low usage hours and meets his specifications; and WHEREAS, the purchase of surplus government equipment is authorized by General Municipal Law §103(6); NOW, THEREFORE, BE IT RESOLVED that: 1. The Supervisor of Buildings & Grounds is hereby authorized to purchase a JLG Model 600AJ articulating lift as government surplus at a price not to exceed $30,000. 2. The following budget transfer is hereby authorized to pay for the costs associated with the purchase of the truck: Amount From Line To Line $ ____________ A0915 Unallocated Fund A1620.200 Building & Grounds, Equipment Balance $ ____________ DB 0915 Unallocated Fund DB5130.200 Machinery, Equip & Cap Outlay Balance 3. The Supervisor of Buildings & Grounds is directed to submit purchase orders for the purchase of the aforementioned equipment and payment for the equipment will be made upon receipt of the equipment and approval of a voucher as required by Town Law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-46 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Voter Defeated William H. Beale Mover Tabled Angela Bettina Seconder Withdrawn Christopher Phillips Voter Next: 9/15/45 12:00 AM Al Casella Voter Dated: Wappingers Falls, New York April 12, 2021 The Resolution is hereby duly declared Tabled. RESOLUTION: 2021-58 Resolution Adopting Charter For Town Of Wappinger Senior Resident Affairs Advisory Committee WHEREAS, New York General Municipal Law §290 authorizes a Town Board to expend town funds to establish programs and facilities to provide for the needs of the senior residents of the Town of Wappinger: and WHEREAS, it is appropriate to establish an advisory committee that can make recommendations to the Town Board as to programs and facilities that would best serve the needs of seniors in the Town; and Town of Wappinger Page 6 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 WHEREAS, the Town Board wishes to create the Senior Resident Affairs Advisory Committee which will provide advice to the Town Board regarding the affairs of the senior residents of the Town; NOW, THEREFORE, BE IT RESOLVED 1. The Town Board hereby adopts the Charter of the Town of Wappinger Senior Resident Affairs Advisory Committee dated March 2021 which is annexed hereto and shall be made a part of the minutes of this Meeting. 2. The Town Clerk is directed to file a certified copy of this resolution together with the annexed Charter in the Records of the Town. Appointments to the Senior Resident Affairs Advisory Committee shall be made by future resolution of the Town Board. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-58 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Mover Defeated William H. Beale Voter Tabled Angela Bettina Mover Withdrawn Christopher Phillips Seconder Next: 5/10/21 7:00 PM Al Casella Seconder Dated: Wappingers Falls, New York April 12, 2021 The Resolution is hereby duly declared Tabled. RESOLUTION: 2021-63 Authorizing Settlement of Tax Certiorari Proceedings Regarding MWF, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2018, 2019 and 2020 by MWF, LLC, regarding real property located at 1162 Route 9 in the Town of Wappinger, Tax Grid # 6157-04-659168, seeking a reduction in the 2018, 2019 and 2020 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of these tax review proceedings; and WHEREAS, the petitioner has agreed to waive any refund of Town taxes, including Special District taxes, for the aforementioned years as part of a negotiated settlement; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the years 2018, 2019 and 2020, as it pertains to: 1162 Route 9, Tax Grid # 6157-04-659168 ASSESSMENT ASSESSMENT REDUCED ASSESSMENT AMOUNT OF ROLL REDUCTION 2018 $3,848,000 $3,500,000 $348,000 2019 $3,848,000 $3,500,000 $348,000 2020 $3,848,000 $3,500,000 $348,000 Town of Wappinger Page 7 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 ; and be it further RESOLVED, that the Town Supervisor, Town Assessor and Craig M. Wallace, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-63 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Voter Dated: Wappingers Falls, New York April 12, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-64 A Resolution Authorizing, Subject To Permissive Referendum, The Construction Of Improvements To And Reconstruction Of Various Parks In And For The Town Of Wappinger, Dutchess County, New York, At A Maximum Estimated Cost Of $750,000, And Authorizing The Issuance Of $750,000 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 construction of improvements to and reconstruction of various parks 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 $750,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $750,000 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 class of objects or purposes is fifteen years, pursuant to subdivision 19(c) 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 Town of Wappinger Page 8 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 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 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 REFE The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-64 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Voter Defeated William H. Beale Voter Tabled Angela Bettina Mover Withdrawn Christopher Phillips Voter Next: 4/26/21 7:00 PM Al Casella Seconder Dated: Wappingers Falls, New York April 12, 2021 Town of Wappinger Page 9 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 The Resolution is hereby duly declared Tabled. RESOLUTION: 2021-65 Resolution To Authorize The Town Supervisor, Town Highway Superintendent And Town Board To Execute The Agreement For The Expenditure Of Highway Moneys WHEREAS, pursuant to Section 284 of the Highway Law, the Town Board and the Town Highway Superintendent are required to enter into a written Agreement stating the places and manner in which the Highway fund appropriation for repairs and improvements are to be expended; now, therefore BE IT RESOLVED, that the Town Highway Superintendent and the Town Board agree that the monies levied and collected in the Town for repair and improvement of highways, and received from New York State for State Aid for the repair and improvement of highways shall be expended in accordance with the annexed Agreement for the Expenditure of Highway Moneys; and BE IT FURTHER RESOLVED, that the Supervisor and the Town Board are hereby authorized and directed to execute the attached AGREEMENT FOR THE EXPENDITURES OF HIGHWAY MONEYS in duplicate and file said Agreement with the Town Clerk; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to forward one executed Agreement to the Dutchess County Commissioner of Public Works in his capacity as County Superintendent of Highways. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-65 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 April 12, 2021 The Resolution is hereby duly declared Adopted as Amended. RESOLUTION: 2021-66 A Resolution Authorizing, Subject To Permissive Referendum, The Purchase Of Road Equipment, For The Town Of Wappinger, Dutchess County, New York, At A Maximum Estimated Cost Of $750,000, And Authorizing The Issuance Of $750,000 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 Town of Wappinger Page 10 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 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 purchase of road equipment for the Town of Wappinger, Dutchess County, New York, each item of which costs $30,000 or over, including incidental equipment, and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $750,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $750,000 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 class of objects or purposes is fifteen years, pursuant to subdivision 28 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 11 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 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 REFENDUM The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-66 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Al Casella Voter Dated: Wappingers Falls, New York April 12, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-67 A Resolution Authorizing, Subject To Permissive Referendum, The Reconstruction And/Or Resurfacing Of Various Roads Located Throughout And In And For The Town Of Wappinger, Dutchess County, New York, At A Maximum Estimated Cost Of $2,600,000, And Authorizing The Issuance Of $2,600,000 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 and/or resurfacing of various roads located throughout and in and for the Town of Wappinger, Dutchess County, New York, including drainage, sidewalks, curbs, gutters, landscaping, grading or improving rights-of-way, as well as other incidental improvements and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $2,600,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $2,600,000 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 class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph Town of Wappinger Page 12 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 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 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-2021-67 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Voter Defeated William H. Beale Voter Tabled Angela Bettina Seconder Withdrawn Christopher Phillips Mover Town of Wappinger Page 13 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 Al Casella Voter Dated: Wappingers Falls, New York April 12, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-68 Resolution Appointing Deputy Building Inspector WHEREAS, the Town of Wappinger has a need for a Deputy Building Inspector to assist in the enforcement of the New York State Uniform Code; and WHEREAS, the Dutchess County Department of Human Resources has established Job Class Specifications for the Civil Service Position of Deputy Building Inspector; and WHEREAS, the Dutchess County Department of Human Resources has given a competitive examination and created and certified to the Town of Wappinger a current list of eligibles for the Title of Deputy Building Inspector; and WHEREAS, the Town has canvassed the certified eligible list for Deputy Building Inspector and no candidate on the list would accept employment with the Town of Wappinger; and WHEREAS, Nicholas A. Durso has applied for the position and the Town Board has determined that he meets the qualifications set forth in the job specification; and WHEREAS, the position of Deputy Building Inspector is funded in the Fiscal Year 2021 Town Budget; and WHEREAS, the position of a Deputy Building Inspector is subject to the terms of the Collective Bargaining Agreement between the Town of Wa WHEREAS, the Town of Wappinger requires the services of a Deputy Building Inspector who is certified as a New York State Code Enforcement Officer to conduct the business of the Building Department; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. Nicholas A. Durso is hereby provisionally appointed to the full-time civil service job title Deputy Building Inspector for the Town of Wappinger, effective April 12, 2021. 2. Nicholas A. Durso is hereby appointed as a Code Enforcement Officer of the Town of Wappinger in accordance with the provisions of §85-3 of the Town of Wappinger Code. 3. Nicholas A. Durso shall be compensated at the hourly rate of $21.98 per hour which shall be paid weekly, in accordance with the CBA. 4. 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. 5. The appointment of Nicholas A. Durso is subject to his successful Certification as a New York State Code Enforcement Official pursuant to 19 NYCRR Part 1208 within eighteen months of his date of appointment. 6. The appointment is subject to a probationary term of not less than eight nor more than twenty-six weeks and those of a provisional appointment in accordance with the rules of the Dutchess County Department of Human Resources. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 14 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 Vote Record - Resolution RES-2021-68 Yes/Aye No/Nay Abstain Absent Richard Thurston Adopted Adopted as Amended William H. Beale Defeated Angela Bettina Tabled Withdrawn Christopher Phillips Al Casella Dated: Wappingers Falls, New York April 12, 2021 The Resolution is hereby duly declared Withdrawn. RESOLUTION: 2021-69 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-2021-69 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Mover Tabled Christopher Phillips Seconder Withdrawn Al Casella Voter Dated: Wappingers Falls, New York April 12, 2021 The Resolution is hereby duly declared Adopted. 10. Motion To: Appoint Eric Axelsen as Board of Assessment Review Member & Authorize to go to Training Town of Wappinger Page 15 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella RESOLUTION: 2021-70 Proclamation: April Is Autism Awareness Month WHEREAS, although new medicines and therapies may enhance life for some time for people with Autism more work is needed for a cure; and WHEREAS, increased education and research are needed to help find more effective treatments with fewer side effects and ultimately a cure for Autism; and WHEREAS, a multidisciplinary approach to Autism disease care includes local wellness, support and caregiver groups; and WHEREAS, April has been proclaimed as World Wide Autism Awareness Month for all to recognize the need for more research and help in dealing with the devastating effects of Autism; now, therefore, be it RESOLVED, that the Town Board of the Town of Wappinger does hereby recognize and proclaim April as Autism Awareness Month and does offer its endorsement to the efforts of the National Institutes of Health. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-70 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 April 12, 2021 The Resolution is hereby duly declared Adopted. VII. Executive Session - Hiring, CPA Interviews, Acquisition, HR Personal Matters 1. Motion To: Enter Executive Session Town of Wappinger Page 16 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella VIII. Town Board Actions Approved After Executive Session Audio from Town's boardroom to the Media Server was set to very low after executive session. 1. Motion To: Approve Repairs to Challenger Field for $10,000 To Be Paid out of Parkland Trust RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Authorize Supervisor to Submitt Federal Application Requesting Earmark Funding for a Sewer Connection at Midpoint Park Sewer Plant to East Fishkill RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 3. Motion To: Approve Little League Contract With Funding of $8,000 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 4. Motion To: Approve Soccer Contract as Budgeted Town of Wappinger Page 17 Printed 4/22/2021 Regular Meeting Minutes April 12, 2021 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IX. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 12:42 PM. ____________________ Joseph P. Paoloni Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 18 Printed 4/22/2021 6.2.a DISCUSSION DRAFT Charter Town of Wappinger Senior Resident Affairs Advisory Committee I. Legislative Intent. The promotion of Senior citizen engagement is essential to build upon connection to the Town. In order to better promote Senior activities and engagement at the Town-wide level, the Senior Resident Affairs Advisory Committee (SAC) will be established to serve the needs of all senior residents throughout the Town of Wappinger. A key objective of the SAC will be to help senior citizens live full and interesting lives so that they might continue to contribute, participate, and share in the life of our community. The SAC will be tasked in making recommendations to the Town Board of the Town of Wappinger and the various other Committees, on recreational program improvements/enhancements; park, facility improvement/enhancements, and trail enhancements and improvements; the planning and development of major Community-wide events such as Wappinger Community Day; and any other actions deemed appropriate for the SAC by the Town Board of the Town of Wappinger. II. Establishment of the SAC. The Seniors Advisory Committee (SAC) is established as a Committee of the Town Board of the Town of Wappinger The mandate of the SAC is to provide advice and recommendations to the Board on issues and opportunities related to the physical, emotional, and social wellbeing of seniors in the Town of Wappinger . In order to fulfill its Mandate, the SAC may: Attachment: Town of Wappinger Senior Affairs Advisory Committee Charter (RES-2021-58 : Resolution Adopting Charter For Town Of Њ Packet Pg. 19 6.2.a A. Identify and engage stakeholder groups and seek their input into the work of the SAC; B. Conduct research and prepare reports on issues or opportunities related to C. the Senior Department (collectively -being; D. Encourage and support widespread opportunities for more meaningful and useful participation of senior citizens in Wappinger community activities and programs; E. Work to dispel stereotypes about aging through education and awareness activities; and F. Advocate policies and practices to the Board and Administration that respect and consider the needs and interests of senior citizens in the Town of Wappinger. III. Membership. A. The SAC shall consist of no more than fifteen \[15\] members, including 2 ex officio members (individually a Member, collectively, the Members). Each member shall be appointed by the Town Board to a three-year term and shall serve at the pleasure of the Town Board. Terms of appointment shall be staggered. B. Seniors residing within the Town of Wappinger, inclusive of those lands lying within the corporate limits of the Village of Wappinger Falls, who are interested in enhancing the quality of life within the Town for our senior residents shall be eligible for appointment as a member of the Committee. C. Chairpersons of each of the other Town Committees, including the Veterans Advisory Committee, the Community Affairs Advisory Committee, and the Arts and Culture Advisory Council, shall be voting members of the SAC. Attachment: Town of Wappinger Senior Affairs Advisory Committee Charter (RES-2021-58 : Resolution Adopting Charter For Town Of Ћ Packet Pg. 20 6.2.a D. Senior Affairs shall also be voting Members of the SAC. E. Each of the 4 Town Wards shall be entitled to have two (2) residents appointed to the SAC. F. One Member of the Town Board and the Town Supervisor shall also be Members ex officio. G. Vacancies on the Committee shall be filled in the same manner as the original appointment except that a vacancy occurring other than by the expiration of term of office shall be filled only for the remainder of the unexpired term. IV. Officers, Meetings and Committees of the SAC. One member shall be appointed to act as Chairperson of the SAC by the Town Board and to serve at the pleasure of the Town Board. The Chairperson shall be tasked to oversee the organization, activities, events, proposals, etc. of the counsel, and any subcommittees that may be created. The Chairperson will serve as the spokesperson of the SAC and will be tasked to work with Town officials, employees, and community representatives on executing the goals of the SAC day to day. Activities of the Chairperson include but not limited to: A. Chair all meetings of the SAC. B. The promotion of senior programs and activities; the planning and development of Day (TBD) ; and any other actions deemed appropriate for this Committee by the Town Board of the Town of Wappinger. C. Work with the Supervisor of Buildings and Grounds, the Director of Recreation, the Director of Strategic Planning and Municipal Codes, and any necessary Town official or employee on the planning and execution of any improvements to facilities dedicated to senior activities. Attachment: Town of Wappinger Senior Affairs Advisory Committee Charter (RES-2021-58 : Resolution Adopting Charter For Town Of Ќ Packet Pg. 21 6.2.a D.Present to the Town Board the proposals and recommendations of the SAC passed by a majority vote, for Town Board discussion, review and consideration. The SAC shall select a secretary from the Members to keep accurate records of its meetings and activities and shall file an annual report as provided in this Charter. The SAC shall adopt rules and procedures for its meetings Each additional member of the SAC shall be appointed to serve as the liaison to a particular initiative and task. The following tasks and initiatives for membership appointment include but not limited to: A. Establishing event (TBD); B. Education and Outreach to Older Adults; C. Educate Seniors by Providing Training with Partner Organizations; and D. Improve Public Awareness of the SAC. V. Powers and Duties of SAC. The powers and duties of the SAC shall be to: A. Advise the Town Board on matters concerning the quality of life of the Seniors of the Town of Wappinger. Recommendations will be given concerning the needs and future planning of Town events as deemed appropriate for the SAC by the Town Board of the Town of Wappinger. B. Develop and, after receiving general approval by resolution of the Town Board, conduct programs and initiatives for the greater Wappinger senior community which shall be designed to foster increased quality of life and appreciation for them. C. Plan, develop, and execute the overall plans and goals of the annual Day (TBD). D. Seek to coordinate, assist and unify the efforts of private groups, institutions and individuals within the TOW in accord with the Legislative Intent of this chapter. Attachment: Town of Wappinger Senior Affairs Advisory Committee Charter (RES-2021-58 : Resolution Adopting Charter For Town Of Ѝ Packet Pg. 22 6.2.a E. Carry out such other duties as the Town Board may assignfrom time to time. VI. Attendance and Training. The Town Board has determined, pursuant to Town Code §5-1, that it is proper to impose minimum training and attendance standards for appointed members of the Town of Wappinger Zoning Board of Appeals, Planning Board, Conservation Advisory Council, Recreation Committee (to be replaced by CAC) and such other committees, councils or boards as may be duly formed by the Town Board of the Town of Wappinger from time to time hereafter. The Town Board recognizes that New York State law requires that all municipal bodies conduct business by resolution or motion duly adopted by a majority of the whole number of such boards. Accordingly, regular attendance by members who are appointed to such boards is essential to fulfill the statutory duties, function and orderly processing of applications and matters before such boards. Failure to have a quorum present for the conduct of business before such boards may result in unnecessary expense and hardship to applicants, residents or interested parties who appear before such boards and may expose the Town to potential legal liability and expense, especially for those applications which are time sensitive or which may have state-mandated time requirements. The Town Board hereby determines that any duly appointed member of a board created by the Town Board is expected to attend all duly called regular and special meetings of such board unless such board member has been granted an excused absence by the Town Board as hereinafter authorized. The Town Board hereby determines that it shall be cause for removal from any such board if any SAC member has attended fewer than 80% of all duly called regular and special meetings within any consecutive twelve-month period or if such board member is absent from five consecutive duly-called regular or special meetings unless his or her absence at such meetings has been excused by the Town Board as hereinafter provided. Only absences occurring on and after the effective date of this article shall be counted as cause for removal. Part V. Annual Work Plan and Reporting. The SAC will develop an annual work plan that identifies key priorities and goals. Attachment: Town of Wappinger Senior Affairs Advisory Committee Charter (RES-2021-58 : Resolution Adopting Charter For Town Of Ў Packet Pg. 23 6.2.a The SAC may provide reports which include recommendations on matters related to the SACcharter. At least once per year, the SAC will report to the Board on the following: (a) review of its work plan; (b) update on progress and initiatives; and (c) any information or recommendations on issues and matters within its mandate. VII. Compensation and Expenses. The Members may, upon resolution of the Board, receive a stipend or stipends for their services as Members. They may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties within the appropriations made available therefor. Attachment: Town of Wappinger Senior Affairs Advisory Committee Charter (RES-2021-58 : Resolution Adopting Charter For Town Of Џ Packet Pg. 24 6.5.a Attachment: 284 Agreement (RES-2021-65 : Authorizing The Supervisor/Highway Superintendent/Board To Execute Agreement For Highway Packet Pg. 25 6.5.a Attachment: 284 Agreement (RES-2021-65 : Authorizing The Supervisor/Highway Superintendent/Board To Execute Agreement For Highway Packet Pg. 26 Attachment: 2021-Revised paving (RES-2021-65 : Authorizing The Supervisor/Highway 6.5.b Packet Pg. 27 04/12/2021 Mobilization $ 250.00 $ 250.00 $ 250.00 $ - $ - $ - $ 750.00 $ 20,370.00 Mobilization $ 1,000.00 $ 250.00 $ 250.00 $ - $ - $ 1,500.00 $ 16,720.00 Total $ 2,240.00 $ 1,240.00 $ 1,040.00 $ 8,640.00 $ 1,360.00 $ 300.00 $ 1,600.00 $ 3,200.00 $ 19,620.00 Total $ 5,500.00 $ 1,440.00 $ 1,040.00 $ 1,640.00 $ 5,600.00 $ 15,220.00 Rate Per Hour $ 280.00 $ 155.00 $ 130.00 $ 120.00 $ 170.00 $ 300.00 $ 100.00 $ 100.00 Rate Per Hour $ 180.00 $ 130.00 $ 205.00 $ 100.00 Town of Wappinger Hours 88888188 Hours 88888 QTY 11191124 QTY 11117 Total=$325,920.00Total=$133,760.00 Description of WorkPaving Operation Cat AP655F PaverCat CB10 10 Ton RollerHamm HD14 5 Ton RollerTriaxle Dump 25 TonFlowboy-34 TonPaving VanScreedLaborers TotalTotal Paving Operation-DailyDescription of WorkMilling Operation Asphalt Milling Machine 1/2 LaneNew Holland Trim MillerCat 906 LoaderElgin Broom Bear Street SweeperLaborers TotalTotal Milling Operation-Daily Triaxle Dump Trucks at $120.00 Per Hour Estimated Paving Days- 16 DaysEstimated Milling Days-8 Days This price includes all equipment, labor, and materials to complete the project. If the scope of work described in this quote is altered or changed, all alterations and/or changes must be in writing prior before work commences. If you have any questions, please do not hesitate to contact me. Thank You!Sincerely,Marc Vumbico, President Estimate for Paving Attachment: 2021-Revised paving (RES-2021-65 : Authorizing The Supervisor/Highway 6.5.b Packet Pg. 28 04/12/2021 Added 4/12/21Added 4/12/21 Town of Wappinger Description of Work Pave 1,149 TonsMill & Pave 614 TonsMill & Pave 520 TonsMill & Pave 744 TonsMill & Pave 210 TonsPave 130 TonsPave 606 TonsMill & Pave 845 TonsMill & Pave 74 TonsMill & Pave 606 TonsMill & Pave 368 TonsPave 1,260 TonsShim & Pave 2,942 TonsPave 1,917 TonsPave 324 TonsEnd Mills & Pave 217 Tons 12,526 Tons Dimensions 3,980' x 22'3,120' x 15' 1,800' x 22'1,890' x 30'250' x 30' + Culdesac450' x 22' 2,100' x 22' 2,300' x 28'200' x 28'1,650' x 28'1,000' x 28'4,000' x 24'6,800' x 24'6,350' x 23'1,300' x 19'750' x 22'Total Tonnage Road Name River RoadOld Troy RoadSucich RoadDoyle RoadCraig PlaceLil Edge Hill RoadCentral AvenueQuarry RoadAnvil RoadSplit TerraceMalestrom RoadSt. Nicholas RoadRobinson LaneSmith Crossing RoadOld State RoadFront Street Estimate for Paving 6.8.a Attachment: MX-M564N_20210406_104601 (RES-2021-68 : Resolution Appointing Deputy Building Inspector) Packet Pg. 29 6.8.a Attachment: MX-M564N_20210406_104601 (RES-2021-68 : Resolution Appointing Deputy Building Inspector) Packet Pg. 30 6.8.a Attachment: MX-M564N_20210406_104601 (RES-2021-68 : Resolution Appointing Deputy Building Inspector) Packet Pg. 31 6.8.a Attachment: MX-M564N_20210406_104601 (RES-2021-68 : Resolution Appointing Deputy Building Inspector) Packet Pg. 32 6.8.a Attachment: MX-M564N_20210406_104601 (RES-2021-68 : Resolution Appointing Deputy Building Inspector) Packet Pg. 33 6.8.a Attachment: MX-M564N_20210406_104601 (RES-2021-68 : Resolution Appointing Deputy Building Inspector) Packet Pg. 34 6.9.a Attachment: 2021-04-12 (RES-2021-69 : Correspondence Log) Packet Pg. 35 6.9.a Attachment: 2021-04-12 (RES-2021-69 : Correspondence Log) Packet Pg. 36 6.9.a Attachment: 2021-04-12 (RES-2021-69 : Correspondence Log) Packet Pg. 37 6.9.a Attachment: 2021-04-12 (RES-2021-69 : Correspondence Log) Packet Pg. 38 6.9.a Attachment: 2021-04-12 (RES-2021-69 : Correspondence Log) Packet Pg. 39 6.9.a Attachment: 2021-04-12 (RES-2021-69 : Correspondence Log) Packet Pg. 40 6.9.a Attachment: 2021-04-12 (RES-2021-69 : Correspondence Log) Packet Pg. 41 6.9.a Attachment: 2021-04-12 (RES-2021-69 : Correspondence Log) Packet Pg. 42 6.9.a Attachment: 2021-04-12 (RES-2021-69 : Correspondence Log) Packet Pg. 43