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2021-09-13 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ~ Minutes ~ Joseph Paoloni (845)297-5772 Monday, September 13, 2021 7:00 PM Town Hall 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 II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of August 23, 2021 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 3. Supervisor's Comments-Thurston Supervisor Thurston addressed the audience on general town events. Applications to be in the parade need to be in by October 1st. PAIA assistance is available though a portal at the county website. Go to Dutchessny.gov and look for an Icon to reply to a survey that will help qualify the County and Town to qualify for some of the funds that are available. 4. Financial Update- Awino Town of Wappinger Page 1 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 Fredrick Awino presented the Financial Update attached below: Town of Wappinger Page 2 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 IV. Public Portion 1. Motion To: Open Public Portion Peter Raphine appeared to the board to propose the illegal left turns that are made at the Hannaford's exit to Myers Corners road. Kelly McConologue supported the change in the signage at that location. She supported a never left hand turn at that exit. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion Town of Wappinger Page 3 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 RESULT:ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella V.Discussions 1. Flood Control Update And Project Planning - Thurston Supervisor Thurston suggested creating a task force to help clean up the obstructions in the Sprout Creek that cause flooding of properties along that creek. The town is eligible for grants. Engineer Moot will inspect the Brown Road and Montfort Road bridges as a result of the flow of the creek over those bridges. 2. Spookhill Phase 2- Friends Of Spookhill Randy Ross updated the board on the Spookhill Park update. He explained the Phases of the project. The details are available on the Town's website video. Steve Frazier added that a meter panel will be available. Timeline is a spring 2022 install. 3. Ryan Weatherwax Memorial and left turn signs at Wappingers Plaza on Myers Corner Road- Cavaccini Joe Cavaccini updated the board on the recent action by the county to remove the sign at the Hannaford exit to Myers Corners Road. 4. Engineer Moot Updated the Board on the Robinson Lane Park.Allocate Engineer Moot updated the board on Robinson Lane. He showed pictues of the floods at Robinson Lane. 5. Motion To: Allocate $100,000 for repairs at Various Parks To be accomplished with in-house labor. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella VI. Resolutions RESOLUTION: 2021-122 Historical Services Agreement THIS AGREEMENT made the ________ day of September 2021 by and between the TOWN OF WAPPINGER, a municipal corporation with its principal place of business at 20 Middlebush Road, Wappinger, NY, 12590 (hereinafter referred Town of Wappinger Page 4 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 WAPPINGERS HISTORICAL SOCIETY, having its mailing address at P.O. Box 174, Wappingers Falls, NY 12590 (hereinafter referred to as the Parties); WHEREAS, the Town is desirous of entering into an agreement with the Society so that the Society may continue to provide historical programs and to assist the Town in preserving historical documents and properties within the Town; and WHEREAS, from time-to-time, the Town Board may provide funding to the Society for their services pursuant to New York Consolidated Laws, Town Law - TWN §64 ¶17-a and ¶17-b; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That the Society will continue to provide historical programs, tours, and services to Town residents as outlined in the calendar of Events located on <https://www.wappingershistoricsociety.org> 2. The Society has come into the possession of an historical map of the Town, the earliest known such map to exist. The Society will preserve and protect said map of the Town and display the original map in the Mesier Homestead, located within the Town at Mesier Park. The Society will make an authentic copy of said map and provide it to the Town for display within Wappinger Town Hall. 3. That in exchange for providing said services outlined in paragraphs #1 and 2, the Town will pay the sum of $5,000 to the Historical Society for the services. 4. Payment shall be made by the Town upon submission to the Town of a voucher signed by a duly authorized Official of the Society requesting a payment of said funds pursuant to this Agreement. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-122 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 Town of Wappinger Page 5 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 Dated: Wappingers Falls, New York September 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-114 Resolution Appointing Assistant Supervisor Of Buildings And Grounds WHEREAS, the Town of Wappinger requires an employee in the Building and Grounds Department to assist in the supervision of work involving efficient and high-quality maintenance and repair work of municipal buildings and property as well as assisting in the preparation of the operational budget and developing cost estimates for work done; and WHEREAS, the Town Board of the Town of Wappinger wishes to create the position of Assistant Supervisor of Buildings and Grounds with the job duties set forth in the Class Specification established by the Dutchess County Department of Human Resources to enhance -quality maintenance and repair work of municipal buildings and property; and 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 WHEREAS, the Town Board wishes to appoint an Assistant Supervisor of Buildings and Grounds 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 must make a budgetary appropriation for the Assistant Supervisor of Buildings and Grounds; and WHEREAS, the position of Assistant Supervisor of Buildings and Grounds is not addressed in the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 positions will be created within the bargaining unit; and WHEREAS, the Town and the Teamsters Local 445 have agreed to an MOA to classify and set the rate of pay for the new position; and WHEREAS, the Town Board has reviewed the qualifications of employees who meet the minimum requirements of the position and has determined the best candidate; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Salvatore Messale to the full-time civil service title Assistant Supervisor of Buildings and Grounds for the Town of Wappinger on a provisional basis, effective immediately and the provisional appointment shall end within the time period prescribed by Civil Service Law §65(3) and the rules of DCHR. 2. The position of Maintenance Mechanic may only be filled on a contingent or temporary basis so long as Mr. Messale is provisionally appointed to the position of Assistant Supervisor of Buildings and Grounds as he maintains her retreat rights into the Maintenance Mechanic position in accordance with the Rules of the Dutchess County Department of Human Resources. 3. The hourly pay of the Assistant Supervisor of Buildings and Grounds shall be $30 per hour which shall be paid bi-weekly from budget line deemed appropriate by the Town Comptroller from A Fund Balance. Town of Wappinger Page 6 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 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 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. 6. The Town Board hereby approves the Memorandum of Agreement regarding the creation of the position, subject to approval by the Union. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-114 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 September 13, 2021 The Resolution is hereby duly declared Adopted as Amended. RESOLUTION: 2021-115 Resolution Authorizing A Memorandum Of Agreement With CSEA Town Of Wappinger Highway Unit For 2021 -CIO December 31, 2015, which was extended by a Memorandum o the parties to the CBA in November 2016, which 2016 MOA was replaced by a Revised Memorandum of Agreement executed by the parties in January 2017; and was further extended by a MOA dated June 26, 2020 covering the period through December 31, 2020; and WHEREAS, the Town appointed a committee to negotiate the terms of the CBA subject to the final approval of the Town Board; and WHEREAS, the parties deem it fitting to put in place a new MOA dated August 31, 2021, for a term commencing January 1, 2021 and ending December 31, 2021; and WHEREAS, the parties further agree to fix the term for the forthcoming CBA to commence on January 1, 2021, and to end on December 31, 2021, subject to the consent of the Town Board and the members WHEREAS, the MOA provides that it is subject to ratification by the Town Board and the CSEA; and Town of Wappinger Page 7 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 WHEREAS, the negotiating committee unanimously recommends that the proposed MOA be ratified by the Town Board; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Memorandum of Agreement between the Town and CSEA dated August 31, 2021, is hereby ratified and approved, subject to the approval of the CSEA. 2. The Town Supervisor is hereby authorized and directed to execute the Memorandum of Agreement in the form annexed hereto. 3. The Town Board directs that compensation be increased in accordance with the MOA and that payments for retroactive compensation be made by the Town as soon as practicable after ratification by the CSEA. 4. Budget transfers necessary to funding the increases under such agreement shall be made by separate resolution. 5. The Supervisor is directed to provide a copy of the MOA signed by all the parties to the Town Clerk to maintain in his files with the other contracts with the Union. 6. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-115 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Mover Withdrawn Al Casella Seconder Dated: Wappingers Falls, New York September 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-116 Resolution Authorizing Transfer Of Funds WHEREAS, the Town Comptroller has reviewed the 2021 Budget and has determined that certain budgetary transfers are needed due to unanticipated expenses; and WHEREAS, the Town Board has agreed that it is in the best interest of the Town to make the transfers requested; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the following budget line transfers to meet the current budgetary needs: Amount From Description To Line Description Line Unallocated Fund $15,500 A0917 A1680.402 Website and IT Services Balance General $1,500 DB0915 DB5130.101 Mechanic I -Retro and longevity Assigned Fund $2,400 DB0915 DB5130.102 Mechanic II - Retro Town of Wappinger Page 8 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 Assigned Fund The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-116 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 September 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-117 Resolution Authorizing The Settlement Of Tax Certiorari Proceedings Regarding DP 123, LIC/DP 126, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2020 and 2021 by DP 123, LLC/DP 126, LLC, regarding real property located at 1404 Route 9 in the Town of Wappinger, Tax Grid # 6157-02-707773, seeking a reduction in the 2020 and 2021 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of the 2020 and 2021 tax review proceedings; and WHEREAS, the petitioner has agreed to waive any refund of Town and Town 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 2020 and 2021, as it pertains to: 1404 Route 9, Tax Grid # 6157-02-707773 ASSESSMENT ASSESSMENT REDUCED ASSESSMENT AMOUNT OF ROLL REDUCTION 2020 $17,500,000 $14,850,000 $2,650,000 2021 $17,500,000 $14,000,000 $3,500,000 ; 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: Town of Wappinger Page 9 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 Vote Record - Resolution RES-2021-117 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 September 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-118 Resolution Authorizing The Settlement Of Tax Certiorari Proceedings Regarding 93 NYRPT, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2020 and 2021 by 93 NYRPT, LLC, regarding real property located at 1701 Route 9 in the Village of Wappingers Falls, Tax Grid # 6158-10-497508, seeking a reduction in the 2020 and 2021 tax assessment for those respective tax rolls; and WHEREAS, the petitioner has agreed to discontinue the 2020 proceeding with no refund; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of the 2020 and 2021 tax review proceedings; 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 2020 and 2021, as it pertains to: 1701 Route 9, Tax Grid # 6158-10-497508 ASSESSMENT ASSESSMENT REDUCED ASSESSMENT AMOUNT OF ROLL REDUCTION 2020 $4,000,000 $4,000,000 $0 2021 $4,000,000 $3,500,000 $500,000 ; 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-2021-118 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 Town of Wappinger Page 10 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 Dated: Wappingers Falls, New York September 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-119 In the Matter of The Increase and Improvement of Facilities of the United Wappinger Water District in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement of the facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, booster pumps, check valves, water meter and chlorine boosting components to allow flow from the Village of Wappingers Falls to the District, toge Village of Wappingers Falls distribution main located on North Meiser Avenue to the Woodhill Green Condominiums with a booster pump and meter vault, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $2,634,000; and WHEREAS, at a meeting of said Town Board duly called and held on August 24, 2020, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of the United Wappinger Water District in said Town at a maximum estimated cost of $2,634,000, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Wappingers Falls, New WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, consisting of the construction of a booster pump station building with booster pumps, check valves, water meter and chlorine boosting components to allow flow from the Village of Wappingers Falls to the District, tog Wappingers Falls distribution main located on North Meiser Avenue to the Woodhill Green Condominiums with a booster pump and meter vault, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $2,634,000. Section 2. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-119 Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended Richard Thurston Voter Defeated Town of Wappinger Page 11 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 Tabled William H. Beale Mover Withdrawn Angela BettinaVoter Christopher Phillips Voter Al Casella Seconder Dated: Wappingers Falls, New York September 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-120 A Resolution Authorizing The Issuance Of Up To $2,634,000 Bonds Of The Town Of Wappinger, Dutchess County, New York, To Pay The Cost Of The Increase And Improvement Of The Facilities Of The United Wappinger Water District, In The Town Of Wappinger, Dutchess County, New York. WHEREAS, the capital project hereinafter described has been determined to be an Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, it has been determined will not result in any significant adverse environmental effects; and WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order of even date herewith, said Town Board has determined it to be in the public interest to improve the facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, at a maximum estimated cost of $2,634,000; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New York, consisting of the construction of a booster pump station building with booster pumps, check valves, water meter and chlorine boosting components to allow flow from the Village of Wappingers Falls to the District, together with an Village of Wappingers Falls distribution main located on North Meiser Avenue to the Woodhill Green Condominiums with a booster pump and meter vault, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, there are hereby authorized to be issued up to $2,634,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $2,634,000, which specific object or purpose is hereby approved at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $2,634,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of $2,634,000 bonds of said Town, authorized to be issued herein; PROVIDED, HOWEVER, that to the extent that any grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar-for-dollar. Town of Wappinger Page 12 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 5. 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. To the extent not paid from monies raised from said United Wappinger Water District as applicable in the manner provided by law, 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 6. 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 serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, 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 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters except as provided herein relating to the serial 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 serial 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 9. The Supervisor is hereby further authorized, at his sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 10. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Town of Wappinger Page 13 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 Section 11. 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 12. 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 13. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-120 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 Al Casella Mover Dated: Wappingers Falls, New York September 13, 2021 The Resolution is hereby duly declared Adopted. 9. Motion To: Approve a Yoga and Zumba Instructor - Meg Foster at $60/Class RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella RESOLUTION: 2021-121 Town of Wappinger Page 14 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 Resolution Scheduling Town Board Meetings To Adopt Budgets For Fiscal Year 2022 WHEREAS, the Town Supervisor, as Budget Officer, pursuant to § 106 of the Town Law, must prepare the Tentative Budget for the Town of Wappinger for delivery the Town Board for review, examination and possible revision; and WHEREAS, Town Law §106 requires the Budget Officer of the Town to submit the Tentative Budget to the Town Clerk on or before September 30; and WHEREAS, Town Law §106(3) requires the Town Clerk to deliver the Tentative Budget to the Town Board at a regular meeting on or before October 5; 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 requires the adoption of a Final Budget on or before November 19, 2021; and WHEREAS, in order to accomplish the Budget Adoption Schedule set forth in Article 8 of the Town Law, the Town Board hereby establishes the following tentative schedule of Town Board Meetings set forth below, reserving unto itself the right to change the scheduled meetings if circumstances require. NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby schedules the following meetings of the Town Board to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, commencing at 7:30 p.m. on the following dates for the purpose of examining, discussing, deliberating and adopting the Town Budget for fiscal year 2022, reserving unto itself the right to change the scheduled meetings if circumstances require. Regular Town Board Meeting September 27, 2021 Adopt Resolution Accepting Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2022 and Setting a Public Hearing on October 25, 2021 to Hear Any Objections Thereto; Adopt Resolution Setting Public Hearing for October 25, 2021 on the Proposed O&M Charges, and Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2022 and to Hear Any Objections Thereto; Special Town Board Meeting Thurs., Sept. 30, 2021 at 6:00 PM Town Clerk to deliver Tentative Budget to the Town Board in accordance with Town Law § 106; Regular Town Board Meeting Tuesday, October 12, 2021 (Monday is Columbus Day) Budget Discussions Regarding the following departments: Water and Sewer Districts and Improvement Areas Drainage Districts Town of Wappinger Page 15 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 Highway Buildings and Grounds; Recreation, Parks and Senior Center Regular Town Board Meeting Monday, October 25, 2021 Open Public Hearing on Proposed Benefit Assessment Rolls for Special Improvements and Special Improvement Areas; Adopt Final Benefit Assessment Rolls for Special Improvements and Special Improvement Areas; Open Public Hearing for Budgets for Operation and Maintenance Charges, Water Rates and Sewer Rents for Special Improvement Districts and Special Improvement Areas; Adopt O&M Charges and Water/Sewer Rates and Rents for Special Improvement Districts/Improvement Areas for Fiscal Year 2022; Budget Discussions Regarding the following departments: Supervisor and Town Board Accounting Code Enforcement Justice Court Tax Receiver Assessor Town Clerk Animal Control Special Meeting Thursday November 4th, 2021 Adopt Preliminary Budget for Fiscal Year 2021 and Schedule Public Hearing on Preliminary Budget for November 8, 2021; Regular Town Board Meeting Monday, November 8, 2021 Open Public Hearing on Preliminary Town Budget; Adopt Annual Budget for Fiscal Year 2022. May be adjourned until November 19, 2021. BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to provide notice to the public of the meetings established by this Resolution in accordance with Town Law, the Town of Wappinger Code and the Rules of Procedure of this Board. The Town Clerk is further directed to post this Resolution, together with all Notices of Public Hearings on the sign board maintained The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-121 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Mover Withdrawn Al Casella Voter Town of Wappinger Page 16 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 Dated: Wappingers Falls, New York September 13, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-123 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-2021-123 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 September 13, 2021 The Resolution is hereby duly declared Adopted. VII. Executive Session (Personnel and Contracts) 1. Motion To: Enter Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 17 Printed 9/23/2021 Regular MeetingMinutesSeptember 13, 2021 2. Motion To: Return From Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 3. Motion To: Approve Migration of KVS software to Edmunds in the Amount $10,500 to A1315.406 from A Fund Balance RESULT: ADOPTED \[UNANIMOUS\] MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella VIII. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 11:00 AM. ____________________ Joseph P. Paoloni Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: Angela Bettina, Councilwoman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 18 Printed 9/23/2021