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2022-01-24 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ~ Minutes ~ Joseph Paoloni (845)297-5772 Monday, January 24, 2022 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, Minutes, Reports 1. Motion To: Adopt Agenda RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of January 10, 2022 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 3. Supervisor's Comments Supervisor Thurston and the board made public service announcements. He updated COVID statistics. The county is surveying for high speed internet access. 4. Comptroller's Report - 2021 Year-end Review Comptroller Awino presented an overview of the 2021 year-end summary. Last year restructuring was done with fund balances. Town of Wappinger Page 1 Printed 2/25/2022 Regular Meeting Minutes January 24, 2022 Town of Wappinger Page 2 Printed 2/25/2022 Regular Meeting Minutes January 24, 2022 IV. Public Portion 1. Motion To: Open Public Portion Town of Wappinger Page 3 Printed 2/25/2022 Regular Meeting Minutes January 24, 2022 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella V.Discussions 1. COSM Fire-Water Report COMMENTS - Current Meeting: The board agreed to a tenancy for the Church of The Sacred Mirrors (COSM) setting a Public Hearing for February 28, 2022 despite the fact that the Map Plan and Report is still being worked on. Moved by Councilman Beale and Seconded by Councilman Casella. 2. Alpine Commons - Alexander Mr. Alexander appeared to talk about Alpine Commons (BJs). He proposed to re-purpose the empty retail space for retail warehouse self-storage area labelled as number 2. Changing the zone from Shopping Center zone to Highway Business. A man named Ted appeared to explain adding young workforce housing consisting of 144 family units labelled as Section 5 outside the boundaries of the parking lots and existing buildings.. They are requesting a loosening up of the Special Use Permits in the Shopping Center (SC) zone and converting it to Highway Business residential multi-family with four 36 unit buildings. Brian from Dakota Properties appeared to explain these type of apartment projects. This one will have 144 multifamily apartments. Section labelled number one (1), will be rezoned to residential one family R-20. Section 6 is planned for a Hotel. Section 4 is planned for a gas station. Section 3 is planned to get rezoned to Highway Business. Town Planner Malcolm suggested the Shopping Center District is antiquated from a livability standpoint and economic standpoint. Councilmen Chris Phillips and Al Casella both liked the look of the project. Attorney Horan said the next step is making the changes to the local law that would be needed. He also suggested our code is not up to date. Town of Wappinger Page 4 Printed 2/25/2022 Regular Meeting Minutes January 24, 2022 3. Motion To: Board Designation of Feb 14 Board Meeting Workshop - Thurston To make Feb 14 as a Meeting and a Workshop. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 4. Report on 2022 Veterans Activities - Thurston Kevin Hathorn presented the following to the town board: Town of Wappinger Page 5 Printed 2/25/2022 Regular Meeting Minutes January 24, 2022 Town of Wappinger Page 6 Printed 2/25/2022 Regular Meeting Minutes January 24, 2022 5. Truck Acquisition - Frazier Steve Frazier spoke about purchasing a truck.estimated at $75,000. Nothing was given to the Clerk for filing in these minutes. 6. Community Affairs Advisory Council - Thurston COMMENTS - Current Meeting: This is for review by the board. Town of Wappinger Page 7 Printed 2/25/2022 Regular Meeting Minutes January 24, 2022 VI. Resolutions RESOLUTION: 2022-43 Resolution Authorizing The Execution Of The Agreement For Operation Of Carnival, Rides, Concessions And Amusements For Town Of Wappinger Fall Festival WHEREAS, the Town of Wappinger Recreation Department sponsors the Town of Wappinger Fall Festival; and WHEREAS, the Town Board previously authorized the use of Schlathaus Park for Town of Wappinger Fall Festival; and WHEREAS, the Town of Wappinger Fall Festival consists of a carnival which includes rides, games and concessions; and WHEREAS, the Town of Wappinger Recreation Department requested proposals from various vendors for the operation of carnival rides, games and concessions; and WHEREAS, proposals were received and reviewed by the Town of Wappinger Recreation Department and it was determined that McDaniel Brothers, Inc. t/a McDaniel Brothers Shows is the lowest responsible proposal and the most qualified with the necessary skills and experiences to perform quality work as required by the Town; and WHEREAS, the Town Board, in consultation with the Director of Recreation, finds that it is in the best interests of the Town to enter into an Agreement with McDaniel Brothers, Inc. t/a McDaniel Brothers Shows to provide for the operation of carnival rides, games and concessions; and WHEREAS, the Attorney to the Town, in consultation with the Director of Recreation, has negotiated the terms of a proposed Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board Members acknowledge they have reviewed the terms and conditions of the proposed Agreement and find the terms contained therein reasonable and acceptable. 2. The Town Board hereby authorizes the Town Supervisor to execute said Agreement with McDaniel Brothers, Inc. t/a McDaniel Brothers Shows in accordance with the terms and conditions contained therein, to provide carnival rides, games and concessions in accordance with the Agreement. 3. Supervisor Richard L. Thurston is hereby authorized and directed to execute the Agreement between the Town of Wappinger and McDaniel Brothers, Inc. t/a McDaniel Brothers Shows in substantially the same form as attached hereto. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-43 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 January 24, 2022 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 8 Printed 2/25/2022 Regular Meeting Minutes January 24, 2022 RESOLUTION: 2022-44 Resolution Authorizing The Naming Of Private Road For Chelsea Farm Subdivision WHEREAS, in order to comply with the Dutchess County Enhanced 9-1-1 Response Program, the Town must name public and private roads within the Town; and WHEREAS, the applicant for the Chelsea Farm Subdivision has requested that the road located within the Chelsea Farms Subdivision be named BIRD COURT. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby names the road located in the Chelsea Farm Subdivision BIRD COURT in accordance with a letter dated March 17, 2015 from Jim Tompkins of the Dutchess County Real Property Tax Services and an email dated November 15, 2021 from Larry Brody of Dutchess County Real Property Tax Services confirming approval of the road name; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to provide a copy of this Resolution to the Dutchess County Department of Emergency Response. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-44 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 January 24, 2022 The Resolution is hereby duly declared Adopted. RESOLUTION: 2022-45 Resolution Awarding Contract For Town Hall Boiler Replacement WHEREAS, one of the boilers in Town Hall suffered a catastrophic failure and the second boiler is of similar age and needs to be replaced; and WHEREAS, the National Joint Powers Alliance (NJPA Sourcewell) established a competitively bid Request for Proposals for the installation and service of HVAC systems under Request for Proposal #030817; and WHEREAS, JCI provided the Town of Wappinger with a contract proposal which is attached hereto which provides for the replacement of the existing boilers with new at a cost of $59,843.00; and WHEREAS, the Supervisor of Buildings & Grounds and the Town Attorney have reviewed the contract and agree that it is appropriate for the Town to enter NOW, THEREFORE, BE IT RESOLVED, that: Town of Wappinger Page 9 Printed 2/25/2022 Regular Meeting Minutes January 24, 2022 1.The Town Board hereby authorizes a contract with Johnson Controls, Inc. in accordance with the terms of the contract attached hereto and directs the Supervisor to execute the contract documents on behalf of the Town of Wappinger; and 2. The Town Board hereby authorizes the following budget transfer: Amount From Line To Line $ 59,843.00 A0917 Unallocated A Fund A 1620.253 HVAC Equipment Balance 3. The fully executed copy of the contract shall be provided to the Town Clerk for filing in his records. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-45 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 January 24, 2022 The Resolution is hereby duly declared Adopted. RESOLUTION: 2022-46 Resolution Directing The Assessor To Continue Certain Real Property Tax Exemptions From 2021 Roll WHEREAS, by Executive Order 11.1 dated December 26, 2021, Governor Hochul suspended certain provisions of the Real Property Tax Law in regard to Senior Citize Exemption and Disabled Homeowner exemptions for the year 2022 provided that the assessing units approve of the suspension; and WHEREAS, under the said Executive Order the governing body of a municipality may adopt a resolution providing that exemptions from the 2021 assessment roll carry over to the 2022 assessment roll at the same levels without the filling of a renewal application but also allowing the Assessor to require a renewal application to be filed for any property which received the said exemption(s) on the 2021 assessment roll but may no longer qualify for such exemption(s) by reason of the owner having changed his or her primary residence, added another owner to the deed, transferred the property to a new owner, or died; NOW, THEREFORE, BE IT RESOLVED Assessor for the Town of Wappinger to carry over all assessment roll to the 2022 assessment roll at the same levels without the filling of a renewal application as provided in the Governor's Executive Order, however, should the Assessor have a good faith reason to believe that the property may no longer qualify for such exemption(s) by reason of the owner having changed his or her primary residence, added another owner to the Town of Wappinger Page 10 Printed 2/25/2022 Regular Meeting Minutes January 24, 2022 deed, transferred the property to a new owner, or died; then the Assessor may require a renewal application to demonstrate the property still qualifies for such exemption(s). The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-46 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 January 24, 2022 The Resolution is hereby duly declared Adopted. RESOLUTION: 2022-47 Chairman WHEREAS, Veterans have provided an invaluable service to the United States, and it is important for the Town of Wappinger to recognize their sacrifices and service to the community; and WHEREAS, various veterans service groups have been established and operate in Dutchess County and the Town of Wappinger but the Town Board has deemed it necessary for the Town to establish a Veterans Advisory Group to maintain veteran memorials in the Town of Wappinger pursuant to General Municipal Law §72, participate in the recognition of Memorial Day, Veterans Day and other patriotic holidays pursuant to Town Law §64, and organize and promote programs for the recognition of veterans and veteran causes; and WHEREAS, the Town Board of the Town of Wappinger has appropriated funds for veterans purposes. NOW, THEREFORE, BE IT RESOLVED, that the Town Board establishes a Veterans Advisory Group to accomplish the purposes noted above; and BE IT FURTHER RESOLVED that Kevin Hathorn shall be appointed as Chairman of the Veterans Advisory Group and he shall be compensated with an annual salary of $1,500 to be paid quarterly from the 2022 appropriation. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-47 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Mover Withdrawn Al Casella Voter Dated: Wappingers Falls, New York Town of Wappinger Page 11 Printed 2/25/2022 Regular Meeting Minutes January 24, 2022 January 24, 2022 The Resolution is hereby duly declared Adopted. RESOLUTION: 2022-48 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-2022-48 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 January 24, 2022 The Resolution is hereby duly declared Adopted. VII. Executive Session - Personnel, Contract Litigation 1. Motion To: Enter Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session Town of Wappinger Page 12 Printed 2/25/2022 Regular Meeting Minutes January 24, 2022 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella VIII. Resolutions After Executive Session RESOLUTION: 2022-49 Resolution Authorizing A Memorandum Of Agreement With Teamsters Union Local 445 Regarding The Collective Bargaining Agreement WHEREAS, the Town and the Union are Parties to a Collective Bargaining Agreement WHEREAS, the Parties wish to put in place a CBA for a two year term commencing on January 1, 2020 and ending December 31, 2021; and WHEREAS, the Parties have reached tentative agreement to the terms contained in a Memorandum of Agreement, of a CBA for the term of January 1, 2020 through December 31, 2021; and WHEREAS, the Union has agreed to the terms of the MOA; and WHEREAS, the Town Board agrees that the MOA is appropriate and should be approved. NOW, THEREFORE, BE IT RESOLVED, that the Town of Wappinger hereby approves the MOA in the form attached hereto; and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Supervisor to execute the MOA on behalf of the Town and to deliver signed agreements to the Union; and BE IT FURTHER RESOLVED, that 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; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-49 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 January 24, 2022 The Resolution is hereby duly declared Adopted. IX. Adjournment Motion To: Wappinger Adjournment & Signature Town of Wappinger Page 13 Printed 2/25/2022 Regular Meeting Minutes January 24, 2022 The meeting adjourned at 11:17 PM. ____________________ Joseph P. Paoloni Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 14 Printed 2/25/2022