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2022-03-14 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ~ Minutes ~ Joseph Paoloni (845)297-5772 Monday, March 14, 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 Cooper M Leatherwood Town of Wappinger Deputy 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 February 28, 2022 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IV. Public Hearing 1. COSM - Extend the UWWD 2. Motion To: Close Public Hearing Town of Wappinger Page 1 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella V. Public Portion 1. Motion To: Open Public Portion Marcy Wagman Commented on Zoning Revisions. She complimented the Town Board for their robust discussions on it. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella VI. Discussions 1. Veterans Advisory Group Update - Hathorn Kevin Hathorn gave an update for upcoming events. These included March 29th For the Vietnam War Veterans Commemoration, Joseph Anderson 5K Run on April 16th, and Flag Day On June 14th. For More details please visit the video located on our Town Website. 2. Estimate 954 from Imperial Fire & Safety, Inc. Steve Frazier spoke about resolving an issue with the fire alarm in the break room. Steve got a quote for imperial Fire and Safety from Poughkeepsie. The estimate would be $26,815 for a 5ft by 4ft hood over top of cooking area. Nothing was given to the Town Clerk for recording in these minutes. Other fire safety issues were the fire door. There is an inspection coming up for the fire door when the alarm activates. Steve also met with the Engineer to the Town to discuss new escapable pop out windows in the event of an emergency. For more details please visit the video on the Town Of Wappinger Web page. Town of Wappinger Page 2 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 VII. Resolutions RESOLUTION: 2021-93 Resolution Adopting Charter For Town Of Wappinger Community Affairs Advisory Committee 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 the community in the Town; and WHEREAS, the Town Board wishes to create the Community Affairs Advisory Committee which will provide advice to the Town Board regarding the affairs of the community of the Town; NOW, THEREFORE, BE IT RESOLVED 1. The Town Board hereby adopts the Charter of the Town of Wappinger Community Affairs Advisory Committee dated __________________________ 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. 3. Appointments to the Community 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-2021-93 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Voter Defeated William H. Beale Mover Tabled Angela Bettina Voter Withdrawn Christopher Phillips Seconder Next: 4/11/22 7:00 PM Al Casella Voter Dated: Wappingers Falls, New York March 14, 2022 The Resolution is hereby duly declared Tabled. 2. Motion To: Motion To Have Work Shop Meeting On April 2, 2022 At 10AM-12PM RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella RESOLUTION: 2022-55 Resolution Introducing Local Law No. __ Of 2022 Which Would Amend Chapter 240, Town of Wappinger Page 3 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 Zoning, Chapter 210, Solid Waste, Littering And Storage Of Garbage, And Chapter 217, Subdivision Of Land, Of The Town Code With Respect To A Variety Of Matters WHEREAS, the Town Board is considering the adoption of Local Law No. __ of 2022 which would amend Chapter 240, Zoning, Chapter 210, Solid Waste, Littering and Storage of Garbage, and Chapter 217, Subdivision of Land, of the Town Code with respect to a variety of matters (the ; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is as defined above; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. ___ of 2022 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. of 2022 for _____ PM on the ___ day of ________, 2022 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and Town of Wappinger Page 4 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 c. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-55 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 March 14, 2022 The Resolution is hereby duly declared Adopted. RESOLUTION: 2022-56 Resolution Accepting Undertaking Secured By Cash Deposit For Restoration In Connection With Myers Run WHEREAS, of real property totaling 30.9 acres located on Myers Corners Road in the Town of Wappinger designated as Tax Parcels 6258-04-976478 and 6258-04- reviewed for Subdivision and Site Development Plan Approvals by the Town of Wappinger Planning Board; and WHEREAS, the Applicant/Owner has made a request, pursuant to § 217-28 of the Code of the Town of Wappinger, to allow for limited tree clearing on the Property, prior to the signing of the Final Subdivision Plat in order to have the trees cut within the allowable season to avoid impacts to Indiana Bats; and WHEREAS, the Applicant/Owner has delivered to the Town a Cash Deposit in the form of a Bank Check in the amount of $13,398 as security for the restoration of the property in the event that Final Approval is not granted; and WHEREAS, the terms of the Undertaking authorize the Town of Wappinger to draw against the aforementioned Cash Deposit in the event the Applicant/Owner does not receive Final Approval and the project site is not restored in accordance with the terms of the Undertaking. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the Cash Deposit in the form of a Bank Check in the amount of $13,398 is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Applicant/Owner does not fulfill its obligations as provided in the Undertaking; and BE IT FURTHER RESOLVED, that the Town Board hereby accepts the Cash Deposit in the total sum of $13,398, as security for the faithful performance for the completion of the obligations set forth in the Undertaking; and BE IT FURTHER RESOLVED, that the Town Supervisor is directed to deposit the aforementioned Cash Deposit in a bank account maintained by the Town, to be held in escrow, pending compliance with the terms of the Undertaking. Town of Wappinger Page 5 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-56 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 March 14, 2022 The Resolution is hereby duly declared Adopted. RESOLUTION: 2022-57 Proclamation Recognizing March 29, 2022 as Vietnam War Veterans Day WHEREAS, throughout the history of the United States of America, countless brave individuals have answered the call to patriotic duty, including Vietnam veterans who endured unspeakable hardships and risked their lives fighting for the ideals of democracy. It was on March 29, 1973, that the last 2,500 American combat troops were withdrawn from the battlefields of Vietnam, and today, we solemnly commemorate the 49th anniversary of this day, and WHEREAS, American involvement in the Vietnam War, one of the longest military conflicts in in the 1950s and ended with the fall of Saigon on April 30 1975, when the last Americans were evacuated from the United States Embassy, and WHEREAS, the Town of Wappinger recognizes the nine million Americans, approximately 7 million living today who served in the U.S. Armed Forces during this period and makes no distinction between those who served in country, in-theater, or were stationed elsewhere during those 20 years - all answered the call of duty, and WHEREAS, the Town of Wappinger will never forget the memories of those who were killed in action such as Major Daniel M. Martz Jr., the first Dutchess County resident to die, and Major Joseph MacDonald who is still missing in action, and Now Therefore, Be it Resolved, that the Town Board of the Town of Wappinger, do hereby proclaim March 29, 2022 as Vietnam War Veterans Day in the Town of Wappinger, Dutchess County, New York. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-57 Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended Richard Thurston Voter Defeated William H. Beale Voter Tabled Angela Bettina Mover Withdrawn Town of Wappinger Page 6 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 Christopher Phillips Seconder Al Casella Voter Dated: Wappingers Falls, New York March 14, 2022 The Resolution is hereby duly declared Adopted. RESOLUTION: 2022-58 Proclamation Recognizing March 14th As Math Recognition Day th WHEREAS, March 14 is observed as Pi Day since 3, 1, and 4 are the first three significant digits of the symbol for the ratio of the circumference of a circle to its diameter in decimal form which continues to infinity without repeating; and th WHEREAS, March 14 has been proclaimed as Math Recognition Day to commemorate the mathematical constant (Pi) that has been studied throughout history and is central in mathematics as well as science and engineering; and WHEREAS who perform better in math and science have higher graduation and college attendance rates; and WHEREAS, aptitude in mathematics, science and engineering is essential for a knowledge-based society; and th WHEREAS, on March 14 students are recognized for their outstanding work in mathematics; and th WHEREAS, the Town Board wishes to proclaim that March 14 be recognized as Math Recognition Day. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby recognizes and proclaims March 14th as Math Recognition Day as part of the annual celebration of Pi Day and encourages schools and educators to observe the day with appropriate activities that teach students about Pi and encourage the abstract study of mathematics. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-58 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 March 14, 2022 The Resolution is hereby duly declared Adopted. RESOLUTION: 2022-59 Resolution Authorizing Release Of Security Posted In Connection With Old Hopewell Town of Wappinger Page 7 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 Commons WHEREAS, by Resolution 2018-190, the Town Board previously accepted an Undertaking for Restoration dated August 4, 2018, executed by T.L.A. Realty, Inc., in the sum of Five Thousand the restoration of the property if trees were cut, and site plan approval was not granted; and WHEREAS, T.L.A. Realty, Inc. has received site plan approval and has complied with the terms of the Undertaking; now, therefore BE IT RESOLVED, that the Town Board hereby acknowledges that T.L.A. Realty, Inc. has received site plan approval and has complied with the terms of the Undertaking and authorizes the Cash Deposit in the sum of Five Thousand Dollars ($5,000) to be released. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-59 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 March 14, 2022 The Resolution is hereby duly declared Adopted. RESOLUTION: 2022-60 Resolution Authorizing Release Of Security Posted In Connection With Prestige Mini WHEREAS, by Resolution 2014-104, the Town Board previously accepted an Undertaking for Restoration dated March 14, 2014, executed by Pepper White Partners, LLC, in the sum of Four Thousand Six Hundred Forty Do restoration of the property if trees were cut, and site plan approval was not granted; and WHEREAS, Pepper White Partners, LLC has received site plan approval and has complied with the terms of the Undertaking; now, therefore BE IT RESOLVED, that the Town Board hereby acknowledges that Pepper White Partners, LLC has received site plan approval and has complied with the terms of the Undertaking and authorizes the Cash Deposit in the sum of Four Thousand Six Hundred Forty Dollars ($4,640) to be released. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-60 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 8 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 Dated: Wappingers Falls, New York March 14, 2022 The Resolution is hereby duly declared Adopted. RESOLUTION: 2022-61 An Order Making Certain Determinations in Relation to and Approving the Establishment of Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District of the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12 of The Town Law. WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of Extension No. 11 (Church of Sacred Mirrors) to United WHEREAS, said map, plan and report were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof; and WHEREAS, said Extension No. 11 (Church of Sacred Mirrors) United Wappinger Water District shall be bounded and described as hereinafter set forth; and WHEREAS, the improvements proposed for said Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District consist of the purchase and installation of water mains, valves and hydrants, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum amount proposed to be expended for said improvement is $100,000; and WHEREAS, the Town of Wappinger Town Board has determined that the extension of the United Wappinger Water District to provide water service to the existing parcel is a Type II action under SEQRA pursuant to 6 NYCRR 617.5(c)(13); and WHEREAS, the cost of said improvements shall be paid by the owner of the properties therein and no serial bonds of said Town shall be issued therefor; and WHEREAS, the estimated cost of the establishment of the Extension No. 11 (Church of Sacred Mirrors) United Wappinger Water District to the typical property therein is $2,133.60 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid and there are no one or two-family houses in the extension; and WHEREAS, a detailed explanation of the manner by which such first-year costs to the typical property were computed, has been filed in the office of the Town Clerk where the same are available during regular office hours for examination by any person interested in the subject manner thereof; and WHEREAS, the boundaries of said Extension shall be as described in Schedule A attached hereto and hereby incorporated herein; and WHEREAS, an Order was duly adopted by said Town Board on January 24, 2022, reciting a description of the boundaries of said proposed Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District, the improvements proposed, the maximum amount proposed to be expended for said improvements, the fact that said map, plan and report were on file in the Town th Town of Wappinger Page 9 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 Prevailing Time, at the Town Hall, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of said Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District with the boundary as described herein and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting has been duly presented to said Town Board; WHEREAS, said public hearing was duly held at the time and place in said order, as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a. The notice of hearing was published and posted as required by law and is otherwise sufficient; b. All the property and property owners within said proposed Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District are benefited thereby; c. All the property and property owners benefited are included within the limits of said proposed Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District; and d. The establishment of said proposed Extension No. 11 (Church of Sacred Mirrors) United Wappinger Water District is in the public interest. 2. The establishment of Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District of the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvement therefor consisting of the purchase and installation of water mains, valves, and hydrants, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, with all costs borne by the owner of the property is in the best interest of the Town. 3. Said Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District with boundary as described herein shall be bounded and described as set forth in Exhibit A attached hereto and hereby made a part hereof. 4. The Town Clerk shall, within ten (l0) days after the effective date of this resolution, file certified copies of this resolution in duplicate in the Office of the State Department of Audit and Control at Albany, New York. 5. The Town Clerk shall, within ten (l0) days after the effective date of this resolution, file certified copies of this resolution in the Office of the Dutchess County Clerk. 6. The Town Clerk shall, within (5) days, transmit to the Dutchess County Department of Behavioral & Community Health a copy of this resolution. 7. This Resolution shall take effect immediately. Town of Wappinger Page 10 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 EXHIBIT A Boundaries of Proposed Extension of the United Wappinger Water District, known as Extension No. 11 (Church of Sacred Mirrors); in the Town of Wappinger, Dutchess County, New York LEGAL DESCRIPTION ALL that certain piece or parcel of land situate, lying and being on the southeasterly side of Wheeler Hill Road in the Town of Wappinger, County of Dutchess, and State of New York, designated as Tax Parcel 6057-02-834604 as the parcel existed on the taxable status date of March 1, 2022, and bounded and described as follows: Taken from Parcel Deed Document No. 02-2011-975 recorded 02/28/2011 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-61 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 March 14, 2022 The Resolution is hereby duly declared Adopted. RESOLUTION: 2022-54 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Town of Wappinger Page 11 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 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-2022-54 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 March 14, 2022 The Resolution is hereby duly declared Adopted. RESOLUTION: 2022-62 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. Town of Wappinger Page 12 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-62 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 Dated: Wappingers Falls, New York March 14, 2022 The Resolution is hereby duly declared Adopted. RESOLUTION: 2022-63 Resolution Awarding Contract For Equipment For Spook Hill Park Phase 1A Improvements WHEREAS, the Town of Wappinger is making improvements to Spook Hill Park in multiple phases; and WHEREAS, Phase 1 improvements have been undertaken and Phase 1A improvements should commence; and WHEREAS, the Town of Wappinger Town Board has received grant funding for the Spook Hill Park Improvements and has adopted a bond resolution to pay for other portions of the work; and WHEREAS, Parkitects, Inc. has provided a quotation for playground equipment and other associated improvements for Phase 1A; and WHEREAS, the equipment Parkitects, Inc. has quoted is subject to a contract let by the New York State Bid and is therefore not subject to competitive bidding under GML 103; WHEREAS, the Engineers to the Town, and the Town Attorney have reviewed the contract and agree that it is appropriate for the Town to enter into a contract with Parkitects, Inc. as outline in the quote; NOW, THEREFORE, BE IT RESOLVED, that: 1. The Town Board hereby authorizes a contract with Parkitects, Inc. in the amount of $____________ in accordance with the terms of the proposal 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 funding for this purchase from the capital fund established for Spook Hill Park Improvements to be funded from the bond proceeds for park projects. 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-2022-63 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Voter Defeated William H. Beale Mover Tabled Angela Bettina Voter Withdrawn Christopher Phillips Seconder Town of Wappinger Page 13 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 Al Casella Voter Dated: Wappingers Falls, New York March 14, 2022 The Resolution is hereby duly declared Adopted. RESOLUTION: 2022-64 Resolution Establishing Receiver Of Taxes And Assessments As Head Of Water And Sewer Department WHEREAS, New York Town Law §37(1) designates the receiver of taxes and assessments to receive and collect all state, county, town and school taxes, and all assessments that may be levied or assessed in the town, and all fees thereon prescribed by law, including all other moneys provided by law to be paid to the town tax collector or school district collectors; and WHEREAS, the Town Board may assign additional duties to the Receiver of Taxes and Assessments by resolution; and WHEREAS, in the Town of Wappinger, the Receiver of Taxes and Assessments is appointed for a term of four years and is an exempt civil service position under the Rules of Dutchess County Human Resources; and WHEREAS, as the Receiver of Taxes and Assessments receives water and sewer bills as part of her statutory duties, the Town Board believes that it is in the best interest of the Town to also assign the duties of the head of the Water & Sewer Department to the Receiver of Taxes and Assessments; and WHEREAS, the Town Board has determined that the salary for the Receiver of Taxes and Assessments shall be increased to reflect the additional duties; NOW, THEREFORE, BE IT RESOLVED, that: 1. The Town Board hereby directs the Receiver of Taxes and Assessments to serve as head of the Water & Sewer Department and to exercise the duties of that position which are set forth in the attached Job Description for the Receiver of Taxes; 2. The employees in the Water & Sewer Department shall report to, be managed by, and be supervised by the Receiver of Taxes; 3. The salary of the Receiver of Taxes for fiscal year 2022 shall be increased by $3,000 per annum, prorated to 42 weeks of 2022 which is $2,423.08; 4. Such increase being paid from the Unallocated Fund Balance of the United Wappinger Water District and the Unallocated Fund Balance United Wappinger Sewer District in proportion to total revenues derived from each district and the Comptroller is directed to establish new budget lines for these expenditures; 5. This resolution shall take effect immediately and shall remain in effect until further resolution of the Town Board. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-64 Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended Richard Thurston Voter Defeated William H. Beale Voter Tabled Angela Bettina Seconder Withdrawn Christopher Phillips Voter Next: 3/28/22 7:00 PM Town of Wappinger Page 14 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 Al Casella Mover Dated: Wappingers Falls, New York March 14, 2022 The Resolution is hereby duly declared Tabled. RESOLUTION: 2022-65 Resolution Authorizing The Execution Of An Agreement Between The Town Of Wappinger And The Wappinger United Soccer Club For 2022 WHEREAS, the Town Board finds that it is in the best interests of the Town to have the Wappinger United Soccer Club provide a program of soccer activities for the boys and girls of the community; and WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation Committee, Director of Recreation, and the Supervisor of Buildings and grounds, has negotiated the terms of a proposed Service Agreement with the Wappinger United Soccer Club, a copy of which is attached hereto; and WHEREAS, the Town Board acknowledges the very successful program the Wappinger United Soccer Club has administered and wishes to continue having the Wappinger United Soccer Club provide soccer activities for the boys and girls of the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board Members acknowledge they have reviewed the terms and they find the terms contained therein reasonable and consistent with the relationship the Town has with the Wappinger United Soccer Club. The Town Board hereby authorizes the Town Supervisor to execute said Service Agreement with the Wappinger United Soccer Club in accordance with the terms and conditions contained therein, which Agreement, among other provisions, authorizes the Town to pay the amount budgeted for Fiscal Year 2022 upon execution and delivery of the agreement. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-65 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Voter Defeated William H. Beale Seconder Town of Wappinger Page 15 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 Tabled Angela Bettina Voter Withdrawn Christopher Phillips Voter Al Casella Mover Dated: Wappingers Falls, New York March 14, 2022 The Resolution is hereby duly declared Adopted. RESOLUTION: 2022-66 Resolution Authorizing The Execution Of An Agreement Between The Town Of Wappinger And The Town Of Wappinger Little League Association, Inc. WHEREAS, the Town Board finds that it is in the best interests of the Town to have the Town of Wappinger Little League Association, Inc. provide a program of softball and baseball activities for the boys and girls of the community; and WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation Committee, Director of Recreation, and the Supervisor of Buildings and grounds, has negotiated the terms of a proposed Service Agreement with the Town of Wappinger Little League Association, Inc., a copy of which is attached hereto; and WHEREAS, the Town Board acknowledges the very successful program the Town of Wappinger Little League Association, Inc. has administered for the last 40 years or so and wishes to continue having the Town of Wappinger Little League Association, Inc. provide softball and baseball activities for the boys and girls of the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board Members acknowledge they have reviewed the ttached hereto, and they find the terms contained therein reasonable and consistent with the relationship the Town has had with the Town of Wappinger Little League Association, Inc. over the last 40 years or so. The Town Board hereby authorizes the Town Supervisor to execute said Service Agreement with the Town of Wappinger Little League Association, Inc. in accordance with the terms and conditions contained therein, which Agreement, among other provisions, authorizes the Town to pay the amount budgeted for Fiscal Year 2022 upon execution and delivery of the agreement. Town of Wappinger Page 16 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2022-66 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 March 14, 2022 The Resolution is hereby duly declared Adopted. VIII. Items for Special Consideration/New Business Steve Fraizer Spoke on R4 Dugout project and Rockingham Park Proposal. There are talks about improvements at the park. Some things discussed was storage for soccer area, aerator for pond, and putting in security cameras. Steve Suggested getting a 10x20 prefabricated shed. He would divide it into two rooms: one for Town use and the other for soccer league to store equipment. It would be positioned near the pond at the prior electric service for electrical connectivity. Allowing for the aerator to be put there and storage for camera equipment. Steve will get a quote to be presented at a later meeting. Councilman Beale brought up replacing the American Flag at Palmateer Park. Steve Frazier said he already have replacement Flag. They are planning to replace the flag with wheatear permitting. More details can be found on the video on the Town of Wappinger web page. 1. Motion To: Authorize Steve Fraizer to Award Contract To Thomas Gleason For The R4 Dugouts For $30,555 No documents were submitted to the Town Clerk for publishing in these minutes. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 17 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 2. Motion To: Authorize Payment For Granite Benches For The $8,500 Balance Councilman Beale also brought up approved funding for improvements at Palmateer Park. They had purchased some granite benches. The unhanding balance on the m was for $8,500. No documents were submitted to the Town Clerk for publishing in these minutes. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IX. Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 3. Motion To: Floor Vote: Approlval For Town Supervisor To Sign MOA With Teamster Local 445 Town of Wappinger Page 18 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 Town of Wappinger Page 19 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella X. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:47 PM. ____________________ Joseph P. Paoloni Town Clerk Town of Wappinger Page 20 Printed 3/24/2022 Regular Meeting Minutes March 14, 2022 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 21 Printed 3/24/2022 7.1 Town of Wappinger Meeting: 03/14/22 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Misc Town Board Decisions Prepared By: Cooper M Leatherwood T ABLED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-93 DOC ID: 5637 Resolution Adopting Charter For Town Of Wappinger Community Affairs Advisory Committee 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 the community in the Town; and WHEREAS, the Town Board wishes to create the Community Affairs Advisory Committee which will provide advice to the Town Board regarding the affairs of the community of the Town; NOW, THEREFORE, BE IT RESOLVED 1. The Town Board hereby adopts the Charter of the Town of Wappinger Community Affairs Advisory Committee dated __________________________ 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. 3. Appointments to the Community Affairs Advisory Committee shall be made by future Resolution of the Town Board. HISTORY: 06/28/21 Town Board TABLED Next: 04/11/22 02/28/22 Town Board TABLED Next: 03/14/22 RESULT: TABLED \[UNANIMOUS\] Next: 4/11/2022 7:00 PM MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 6/24/2021 4:23 PM by Cooper M Leatherwood Page 1 Packet Pg. 22 7.3 Town of Wappinger Meeting: 03/14/22 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Intro Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2022-55 DOC ID: 5774 Resolution Introducing Local Law No. __ Of 2022 Which Would Amend Chapter 240, Zoning, Chapter 210, Solid Waste, Littering And Storage Of Garbage, And Chapter 217, Subdivision Of Land, Of The Town Code With Respect To A Variety Of Matters WHEREAS, the Town Board is considering the adoption of Local Law No. __ of 2022 which would amend Chapter 240, Zoning, Chapter 210, Solid Waste, Littering and Storage of Garbage, and Chapter 217, Subdivision of Land, of the Town Code with respect to a variety of matters (the ; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is as defined above; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. ___ of 2022 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. of 2022 for _____ PM on the ___ day of ________, 2022 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. Updated: 3/10/2022 3:35 PM by Joseph P. Paoloni Page 1 Packet Pg. 23 7.3 Resolution 2022-55 Meeting of March 14, 2022 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and c. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 3/10/2022 3:35 PM by Joseph P. Paoloni Page 2 Packet Pg. 24 7.3.a NEW YORK STATE DEPARTMENT OF STATE Draft: 3-10-22 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. of the year 2022 A local law Law for the Purpose of Amending Chapter 240, Zoning, Chapter 210, Solid Waste, and Chapter 217, Subdivision of Land, of the Town Code with Respect to a Variety of Matters Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) Attachment: Misc code amend LL 3-10-22.mms(1) (RES-2022-55 : Introducing Local Law mend Chapters 217 Sub-Division of Land, 240, Zoning, Packet Pg. 25 7.3.a LOCAL LAW No. ___ OF THE YEAR 2022 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and ciNo. __ of 2022, for the Purpose of Amending Chapter 240, Zoning, Chapter 210, Solid Waste, and Chapter 217, Subdivision of Land, of the Town Code with Respect to a Variety of Matters Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to amend Chapter 240, Zoning, Chapter 210, Solid Waste, and Chapter 217, Subdivision of Land, of the Town Code with respect to a variety of matters. This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3. Amendments to Chapter 240, Zoning 1. A new Section 240-55.G shall be added and shall read as follows: G. All farm animals shall be enclosed with fencing which is of such design so as to keep all animals contained within the fenced enclosure. 2. Section 240-36.4 shall be amended to read as follows: § 240-36.4 Outdoor storage. In the residential zoning districts, the outdoor storage of lawn-mowing and yard equipment, tractors, materials, debris, garbage and refuse, whether contained or not, is prohibited between the dwelling and any street line, except that garbage and refuse if properly contained in authorized private receptacles pursuant to §§ 210-12 and 210-14C of this Code are permitted along the street line, but only on days in which such garbage and refuse is collected, twenty four (24) hours prior to that day, and twenty four (24) hours after that day. Exempt from this prohibition are seasonal decorations, lawn ornaments, picnic/patio/lawn tables and chairs, swing sets and customary lawn games. Swing sets shall not be permitted between the dwelling and any street line. Attachment: Misc code amend LL 3-10-22.mms(1) (RES-2022-55 : Introducing Local Law mend Chapters 217 Sub-Division of Land, 240, Zoning, 2 Packet Pg. 26 7.3.a 3. Section 240-23 shall be amended to read as follows: § 240-23 Exterior lighting. A. Intent and purpose. The intent and purpose of this section is to provide standards for outdoor lighting in order to maintain and protect the scenic and aesthetic character of the Town; to encourage conservation of energy while providing safety, utility and security; to minimize glare; to avoid impacts on and to protect the privacy of nearby residences; to reduce atmospheric light pollution; to ensure that development fits into its surroundings rather than being superimposed upon the existing environment; and to enhance the Town's nighttime ambience and character. The following standards shall apply to all of the zoning districts in the Town. B. All exterior lighting. All exterior lighting in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties, and shall have such shielding as will prevent unreasonable or not cause any objectionable glare observable from such streets or properties. All fixtures shall be downlit, full cut-off, and dark-sky compliant as identified and updated by the International Dark-sky Association. C. ATM lighting. Unless accessory to a bank, all ATM banking machines shall be installed indoors so that the New York State ATM Safety Act design requirements shall not be applicable. The Planning Board remains responsible for ensuring that outdoor ATM banking machines accessory to a bank do not cause glare or other unwanted light spillage affecting residential areas and uses. D. Hours of lighting. Hours of lighting may be limited by the Planning Board in acting on any site development plan. All nonessential lighting shall be turned off after business hours, leaving only the necessary lighting for site security, which shall be reduced to the minimum level necessary. "Nonessential lighting" applies to display, aesthetic, parking and sign lighting. Motion-sensor security lighting may be used to promote safety and reduce the amount of night lighting in the Town, as determined by the Planning Board. E. Intensity of lighting. No use shall produce glare so as to cause illumination beyond the property on which it is located in excess of 0.00.5 footcandles or lumens at the property line. Parking lots shall have an average lighting level at or below one footcandle. High-security areas shall have lighting levels of no more than five footcandles, and two to five footcandles is the suitable range. Footcandle levels greater that 5.0 are considered excessive and shall be avoided. Attachment: Misc code amend LL 3-10-22.mms(1) (RES-2022-55 : Introducing Local Law mend Chapters 217 Sub-Division of Land, 240, Zoning, 3 Packet Pg. 27 7.3.a F. Pole heights. In all districts, the maximum pole height for any exterior light fixture shall not exceed 15 feet as measured from the ground G. Lighting plan specifications. A photometric lighting plan shall be provided for all proposed lighting or for the retro-fitting of existing light fixtures with Light Emitting Diode (LED) fixtures. The photometric plan shall provide specifications for all lighting proposed. The color temperature of all LED lighting shall be 3,000 Kelvin (K) or less. The lighting specifications shall also include Backlight, Uplight and Glare (BUG) ratings for all proposed fixtures. H. Adjustment of lighting levels. The Planning Board may require that dimmers be umination of the site if the Zoning Administrator finds that the site is not in compliance with its approved site plan and/or is otherwise inconsistent with the intent, purposes or other standards of this section. I. Gas stations. The standards contained in this section shall apply to all uses in the Town, including gas stations. In approving a lighting plan for a gas station, the Planning Board shall take into account the context of the gas station and its relationship to all residential development which has a view of the gas station in order to reasonably minimize adverse visual impact of the gas station on said residential development. The Planning Board shall also consider the context of the surrounding land uses and the anticipated future surrounding land uses type of road which the gas station is located on (for example a highway versus a local road) when determining the appropriate lighting level of the gas station. Island canopy ceiling fixtures shall be recessed into the canopy ceiling so that the bottom of the fixture is flush with the ceiling. Any illuminated part of the canopy other than the underside lighting shall be considered to be part of the total amount of permitted site signage. J. Prohibitions. The following forms of lighting are prohibited: (1) Uplighting is prohibited, with the exception of flags, as defined herein. Externally lit signs, displays, buildings, structures, streets, parking areas, recreational areas, landscaping and other objects lit for aesthetic or other purposes shall be lit from the top and shine downward. (2) Roof-mounted area lighting. (3) Laser lighting for outdoor advertising or entertainment. (4) The use of and the operation of searchlights for advertising purposes. Attachment: Misc code amend LL 3-10-22.mms(1) (RES-2022-55 : Introducing Local Law mend Chapters 217 Sub-Division of Land, 240, Zoning, 4 Packet Pg. 28 7.3.a (5) Floodlights and unshielded wallpack-type fixtures. (6) Neon roping or trimming. K. Maintenance. Lighting fixtures shall be maintained so that they always meet the requirements of this section. L. Waivers. The Planning Board may waive the lighting requirements of § 240-23 in cases where the Planning Board determines that better site design or safety can be achieved with lighting that does not comply with Section said section. 4. Section 240-30.B shall be revised to read as follows: B. No more than two accessory buildings shall be permitted in any 1-Family Residence District. No such accessory building shall have a footprint greater than 600 square feet nor a height in excess of 20 feet, except that for lots of 40,000 square feet or larger, one of the two accessory buildings may exceed 600 square feet to a maximum of 1,200 square feet in accordance with the following table:. Maximum Size of One Lot Size (at least) Accessory Building (sq. ft.) 40,000 sq. ft. 800 80,000 sq. ft. 900 3 acres 1,000 4 acres 1,100 5 acres 1,200 5. A new section 240-96.I shall be added and shall read as follows: I. Electric vehicle charging stations. The installation of electric vehicle charging stations in parking areas is not required. However, applicants planning to install electric charging stations shall reserve an area with a minimum size of 10% of the parking requirement of the associated use. This reserved area shall comply with Section 240- 96.F of this article. Electrical wiring for charging stations shall be installed during the construction or improvement of the parking area but the charging stations can be phased in later at the discretion of the Planning Board and the parking stalls associated with the charging station can be land-banked until the time of instillation. Areas designated for charging stations shall be identified clearly with appropriate signage. Attachment: Misc code amend LL 3-10-22.mms(1) (RES-2022-55 : Introducing Local Law mend Chapters 217 Sub-Division of Land, 240, Zoning, 5 Packet Pg. 29 7.3.a 6. Section 240-21.F shall be revised to read as follows: F. Fences, walls and retaining walls. (1) In the residential zoning districts, the maximum height of any fence, wall or retaining wall is six feet in height, except that fences, walls and retaining walls along street frontages shall not exceed four feet in height, and except as otherwise set forth in this section. No fence shall be erected in such location or manner as to obstruct adequate sight distances for drivers, bicyclists or pedestrians. Fences shall generally be set back 12 feet from the front property line or edge of roadway pavement; however, the placement and height of the fence shall be at the sole discretion of the Zoning Administrator based upon safety concerns for drivers, bicyclists and pedestrians. Such placement and height shall also be subject to § 217-25.E of this chapter. (2) In the nonresidential zoning districts the Planning Board may allow a fence in excess of six feet but not exceeding 12 feet above adjoining grade, provided that the Board finds such fence necessary and appropriate for safety and/or security purposes. Any fence exceeding six feet in height shall be designed by a licensed professional engineer, architect or landscape architect. A building permit shall be required for the construction of such fence, and a certificate of compliance or certificate of occupancy, as applicable, shall be issued upon completion of the fence and submission to the Town of a certification by said licensed professional that the fence was constructed in accordance with said professional's design. (3) All walls and retaining walls which are four feet in height or higher shall be designed by a licensed professional engineer, architect or landscape architect. A building permit shall be required for the construction of such wall or retaining wall, and a certificate of compliance or certificate of occupancy, as applicable, shall be issued upon completion of the wall or retaining wall and submission to the Town of a certification by said licensed professional that the wall or retaining wall was constructed in accordance with said professional's design. Section 4. Amendments to Chapter 210, Solid Waste 1. Section 210-14.C shall be amended to read as follows: Attachment: Misc code amend LL 3-10-22.mms(1) (RES-2022-55 : Introducing Local Law mend Chapters 217 Sub-Division of Land, 240, Zoning, 6 Packet Pg. 30 7.3.a C. Required number and type of receptacles. Every person who is an owner, lessee or occupant of any residence, building, premises or place of business within the Town shall provide or cause to be provided and at all times keep suitable and sufficient authorized private receptacles for receiving and containing garbage or refuse that may accumulate or be used upon said premises. No such receptacle shall be kept near any public place, including roadways, longer than may be necessary for the removal of the contents thereof. Within the same day that receptacles have been emptied by the carter, including twenty four (24) hours prior to the day of collection and twenty four (24) hours after the day of collection, they shall be relocated and stored no closer than 20 feet from the front lot line or edge of roadway pavement. All receptacles used for the reception of garbage or refuse shall be provided with proper covers, and such receptacles shall at all times be securely closed and watertight. 2. Section 210-12 shall be amended to read as follows: Authorized Private Receptacle A litter storage and collection receptacle of steel, aluminum or plastic of up to 96 gallons' capacity with tight cover or larger steel container with closed lid. Section 5. Amendments to Chapter 217, Subdivision of Land Section 217-25.E shall be amended to read as follows: E. Sight easements. Sight easements shall be provided across all street corners, outside the street corners, outside the street right-of-way, within the triangular area formed by the nearest edges of street pavement and a straight line between two points at a minimum or 40 feet back from the theoretical intersection of the edge of such pavement prolonged. The easements shall provide that these areas be kept free of anything that would obstruct a clear line of sight, and that the holder of fee title to the abutting streets shall have the right to enter the easement area for the purpose of removing anything obstructing a clear line of sight and for clearing, pruning or regrading so as to maintain a clear line of sight in either direction across such triangular area between an observer's eye 3.5 feet above the pavement surface on one street and an object one foot above the pavement surface on the other. The initial establishment of clear sight lines within the sight easement area shall be the responsibility of the subdivider. Section 6. Ratification, Readoption and Confirmation Attachment: Misc code amend LL 3-10-22.mms(1) (RES-2022-55 : Introducing Local Law mend Chapters 217 Sub-Division of Land, 240, Zoning, 7 Packet Pg. 31 7.3.a Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 7. Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-sections of this Local Law may be re-numbered or re-lettered by the Codifier to accomplish such intention; that e such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 8. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 9. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. Attachment: Misc code amend LL 3-10-22.mms(1) (RES-2022-55 : Introducing Local Law mend Chapters 217 Sub-Division of Land, 240, Zoning, 8 Packet Pg. 32 7.3.b NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER, NEW YORK NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a Public Hearing on the _____ day of _______________ 2022, at ______ PM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should adopt Local Law No. of 2022 which would amend Chapter 240, Zoning, Chapter 210, Solid Waste, Littering and Storage of Garbage, and Chapter 217, Subdivision of Land, of the Town Code with Respect to a Variety of Matters. PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed Local Law. PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: ________________, 2022 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER __________________________ JOSEPH P. PAOLONI Town Clerk Town of Wappinger Attachment: misc code LL ph notice.mms_2022(1) (RES-2022-55 : Introducing Local Law mend Chapters 217 Sub-Division of Land, 240, Zoning, Packet Pg. 33 7.4 Town of Wappinger Meeting: 03/14/22 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2022-56 DOC ID: 5769 Resolution Accepting Undertaking Secured By Cash Deposit For Restoration In Connection With Myers Run WHEREAS, of real property totaling 30.9 acres located on Myers Corners Road in the Town of Wappinger designated as Tax Parcels 6258-04-976478 and 6258-04- reviewed for Subdivision and Site Development Plan Approvals by the Town of Wappinger Planning Board; and WHEREAS, the Applicant/Owner has made a request, pursuant to § 217-28 of the Code of the Town of Wappinger, to allow for limited tree clearing on the Property, prior to the signing of the Final Subdivision Plat in order to have the trees cut within the allowable season to avoid impacts to Indiana Bats; and WHEREAS, the Applicant/Owner has delivered to the Town a Cash Deposit in the form of a Bank Check in the amount of $13,398 as security for the restoration of the property in the event that Final Approval is not granted; and WHEREAS, the terms of the Undertaking authorize the Town of Wappinger to draw against the aforementioned Cash Deposit in the event the Applicant/Owner does not receive Final Approval and the project site is not restored in accordance with the terms of the Undertaking. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the Cash Deposit in the form of a Bank Check in the amount of $13,398 is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Applicant/Owner does not fulfill its obligations as provided in the Undertaking; and BE IT FURTHER RESOLVED, that the Town Board hereby accepts the Cash Deposit in the total sum of $13,398, as security for the faithful performance for the completion of the obligations set forth in the Undertaking; and BE IT FURTHER RESOLVED, that the Town Supervisor is directed to deposit the aforementioned Cash Deposit in a bank account maintained by the Town, to be held in escrow, pending compliance with the terms of the Undertaking. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 3/10/2022 12:18 PM by Joseph P. Paoloni Page 1 Packet Pg. 34 7.4.a Attachment: Myers Run_Signed and Notarized Restoration Bond_03102022 (RES-2022-56 : Resolution Accepting Undertaking Secured By Cash Packet Pg. 35 7.4.a Attachment: Myers Run_Signed and Notarized Restoration Bond_03102022 (RES-2022-56 : Resolution Accepting Undertaking Secured By Cash Packet Pg. 36 7.4.a Attachment: Myers Run_Signed and Notarized Restoration Bond_03102022 (RES-2022-56 : Resolution Accepting Undertaking Secured By Cash Packet Pg. 37 7.5 Town of Wappinger Meeting: 03/14/22 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2022-57 DOC ID: 5768 Proclamation Recognizing March 29, 2022 as Vietnam War Veterans Day WHEREAS, throughout the history of the United States of America, countless brave individuals have answered the call to patriotic duty, including Vietnam veterans who endured unspeakable hardships and risked their lives fighting for the ideals of democracy. It was on March 29, 1973, that the last 2,500 American combat troops were withdrawn from the battlefields of Vietnam, and today, we solemnly commemorate the 49th anniversary of this day, and WHEREAS, American involvement in the Vietnam War, one of the longest military conflicts in in the 1950s and ended with the fall of Saigon on April 30 1975, when the last Americans were evacuated from the United States Embassy, and WHEREAS, the Town of Wappinger recognizes the nine million Americans, approximately 7 million living today who served in the U.S. Armed Forces during this period and makes no distinction between those who served in country, in-theater, or were stationed elsewhere during those 20 years - all answered the call of duty, and WHEREAS, the Town of Wappinger will never forget the memories of those who were killed in action such as Major Daniel M. Martz Jr., the first Dutchess County resident to die, and Major Joseph MacDonald who is still missing in action, and Now Therefore, Be it Resolved, that the Town Board of the Town of Wappinger, do hereby proclaim March 29, 2022 as Vietnam War Veterans Day in the Town of Wappinger, Dutchess County, New York. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 3/10/2022 11:57 AM by Joseph P. Paoloni Page 1 Packet Pg. 38 7.6 Town of Wappinger Meeting: 03/14/22 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2022-58 DOC ID: 5770 Proclamation Recognizing March 14th As Math Recognition Day th WHEREAS, March 14 is observed as Pi Day since 3, 1, and 4 are the first three significant digits of the symbol for the ratio of the circumference of a circle to its diameter in decimal form which continues to infinity without repeating; and th WHEREAS, March 14 has been proclaimed as Math Recognition Day to commemorate the mathematical constant (Pi) that has been studied throughout history and is central in mathematics as well as science and engineering; and WHEREAS who perform better in math and science have higher graduation and college attendance rates; and WHEREAS, aptitude in mathematics, science and engineering is essential for a knowledge-based society; and th WHEREAS, on March 14 students are recognized for their outstanding work in mathematics; and th WHEREAS, the Town Board wishes to proclaim that March 14 be recognized as Math Recognition Day. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby recognizes and proclaims March 14th as Math Recognition Day as part of the annual celebration of Pi Day and encourages schools and educators to observe the day with appropriate activities that teach students about Pi and encourage the abstract study of mathematics. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 3/10/2022 12:54 PM by Joseph P. Paoloni Page 1 Packet Pg. 39 7.7 Town of Wappinger Meeting: 03/14/22 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Bonding Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2022-59 DOC ID: 5771 Resolution Authorizing Release Of Security Posted In Connection With Old Hopewell Commons WHEREAS, by Resolution 2018-190, the Town Board previously accepted an Undertaking for Restoration dated August 4, 2018, executed by T.L.A. Realty, Inc., in the sum of Five Thousand trees were cut, and site plan approval was not granted; and WHEREAS, T.L.A. Realty, Inc. has received site plan approval and has complied with the terms of the Undertaking; now, therefore BE IT RESOLVED, that the Town Board hereby acknowledges that T.L.A. Realty, Inc. has received site plan approval and has complied with the terms of the Undertaking and authorizes the Cash Deposit in the sum of Five Thousand Dollars ($5,000) to be released. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 3/10/2022 3:08 PM by Joseph P. Paoloni Page 1 Packet Pg. 40 7.8 Town of Wappinger Meeting: 03/14/22 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Escrow Refund Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2022-60 DOC ID: 5772 Resolution Authorizing Release Of Security Posted In Connection With Prestige Mini WHEREAS, by Resolution 2014-104, the Town Board previously accepted an Undertaking for Restoration dated March 14, 2014, executed by Pepper White Partners, LLC, in the sum of Four restoration of the property if trees were cut, and site plan approval was not granted; and WHEREAS, Pepper White Partners, LLC has received site plan approval and has complied with the terms of the Undertaking; now, therefore BE IT RESOLVED, that the Town Board hereby acknowledges that Pepper White Partners, LLC has received site plan approval and has complied with the terms of the Undertaking and authorizes the Cash Deposit in the sum of Four Thousand Six Hundred Forty Dollars ($4,640) to be released. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 3/10/2022 3:10 PM by Joseph P. Paoloni Page 1 Packet Pg. 41 7.9 Town of Wappinger Meeting: 03/14/22 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Special Districts Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2022-61 DOC ID: 5773 An Order Making Certain Determinations in Relation to and Approving the Establishment of Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District of the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12 of The Town Law. WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of Extension No. 11 (Church of Sacred Mirrors) to United WHEREAS, said map, plan and report were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof; and WHEREAS, said Extension No. 11 (Church of Sacred Mirrors) United Wappinger Water District shall be bounded and described as hereinafter set forth; and WHEREAS, the improvements proposed for said Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District consist of the purchase and installation of water mains, valves and hydrants, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum amount proposed to be expended for said improvement is $100,000; and WHEREAS, the Town of Wappinger Town Board has determined that the extension of the United Wappinger Water District to provide water service to the existing parcel is a Type II action under SEQRA pursuant to 6 NYCRR 617.5(c)(13); and WHEREAS, the cost of said improvements shall be paid by the owner of the properties therein and no serial bonds of said Town shall be issued therefor; and WHEREAS, the estimated cost of the establishment of the Extension No. 11 (Church of Sacred Mirrors) United Wappinger Water District to the typical property therein is $2,133.60 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid and there are no one or two-family houses in the extension; and WHEREAS, a detailed explanation of the manner by which such first-year costs to the typical property were computed, has been filed in the office of the Town Clerk where the same are available during regular office hours for examination by any person interested in the subject manner thereof; and WHEREAS, the boundaries of said Extension shall be as described in Schedule A attached hereto and hereby incorporated herein; and WHEREAS, an Order was duly adopted by said Town Board on January 24, 2022, reciting a description of the boundaries of said proposed Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District, the improvements proposed, the maximum amount proposed to be expended for said improvements, the fact that said map, plan and report were on file in the Town Updated: 3/10/2022 3:13 PM by Joseph P. Paoloni Page 1 Packet Pg. 42 7.9 Resolution 2022-61 Meeting of March 14, 2022 th Prevailing Time, at the Town Hall, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of said Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District with the boundary as described herein and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting has been duly presented to said Town Board; WHEREAS, said public hearing was duly held at the time and place in said order, as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a. The notice of hearing was published and posted as required by law and is otherwise sufficient; b. All the property and property owners within said proposed Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District are benefited thereby; c. All the property and property owners benefited are included within the limits of said proposed Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District; and d. The establishment of said proposed Extension No. 11 (Church of Sacred Mirrors) United Wappinger Water District is in the public interest. 2. The establishment of Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District of the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvement therefor consisting of the purchase and installation of water mains, valves, and hydrants, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, with all costs borne by the owner of the property is in the best interest of the Town. 3. Said Extension No. 11 (Church of Sacred Mirrors) to United Wappinger Water District with boundary as described herein shall be bounded and described as set forth in Exhibit A attached hereto and hereby made a part hereof. 4. The Town Clerk shall, within ten (l0) days after the effective date of this resolution, file certified copies of this resolution in duplicate in the Office of the State Department of Audit and Control at Albany, New York. 5. The Town Clerk shall, within ten (l0) days after the effective date of this resolution, file certified copies of this resolution in the Office of the Dutchess County Clerk. 6. The Town Clerk shall, within (5) days, transmit to the Dutchess County Department of Behavioral & Community Health a copy of this resolution. 7. This Resolution shall take effect immediately. Updated: 3/10/2022 3:13 PM by Joseph P. Paoloni Page 2 Packet Pg. 43 7.9 Resolution 2022-61 Meeting of March 14, 2022 EXHIBIT A Boundaries of Proposed Extension of the United Wappinger Water District, known as Extension No. 11 (Church of Sacred Mirrors); in the Town of Wappinger, Dutchess County, New York LEGAL DESCRIPTION ALL that certain piece or parcel of land situate, lying and being on the southeasterly side of Wheeler Hill Road in the Town of Wappinger, County of Dutchess, and State of New York, designated as Tax Parcel 6057-02-834604 as the parcel existed on the taxable status date of March 1, 2022, and bounded and described as follows: Taken from Parcel Deed Document No. 02-2011-975 recorded 02/28/2011 RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 3/10/2022 3:13 PM by Joseph P. Paoloni Page 3 Packet Pg. 44 7.10 Town of Wappinger Meeting: 03/14/22 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Correspondence Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2022-54 DOC ID: 5763 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. HISTORY: 02/28/22 Town Board TABLED Next: 03/14/22 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 3/2/2022 2:06 PM by Joseph P. Paoloni Page 1 Packet Pg. 45 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 46 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 47 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 48 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 49 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 50 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 51 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 52 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 53 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 54 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 55 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 56 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 57 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 58 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 59 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 60 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 61 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 62 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 63 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 64 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 65 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 66 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 67 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 68 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 69 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 70 7.10.a Attachment: 2022-02-28 (RES-2022-54 : Correspondence Log - Feb 28, 2022) Packet Pg. 71 7.11 Town of Wappinger Meeting: 03/14/22 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Correspondence Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2022-62 DOC ID: 5767 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. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 3/10/2022 12:12 PM by Joseph P. Paoloni Page 1 Packet Pg. 72 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 73 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 74 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 75 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 76 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 77 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 78 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 79 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 80 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 81 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 82 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 83 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 84 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 85 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 86 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 87 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 88 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 89 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 90 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 91 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 92 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 93 7.11.a Attachment: 2022-03-14 (RES-2022-62 : Correspondence Log - March 14, 2022) Packet Pg. 94 7.12 Town of Wappinger Meeting: 03/14/22 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2022-63 DOC ID: 5775 Resolution Awarding Contract For Equipment For Spook Hill Park Phase 1A Improvements WHEREAS, the Town of Wappinger is making improvements to Spook Hill Park in multiple phases; and WHEREAS, Phase 1 improvements have been undertaken and Phase 1A improvements should commence; and WHEREAS, the Town of Wappinger Town Board has received grant funding for the Spook Hill Park Improvements and has adopted a bond resolution to pay for other portions of the work; and WHEREAS, Parkitects, Inc. has provided a quotation for playground equipment and other associated improvements for Phase 1A; and WHEREAS, the equipment Parkitects, Inc. has quoted is subject to a contract let by the New York State Bid and is therefore not subject to competitive bidding under GML 103; WHEREAS, the Engineers to the Town, and the Town Attorney have reviewed the contract and agree that it is appropriate for the Town to enter into a contract with Parkitects, Inc. as outline in the quote; NOW, THEREFORE, BE IT RESOLVED, that: 1. The Town Board hereby authorizes a contract with Parkitects, Inc. in the amount of $____________ in accordance with the terms of the proposal 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 funding for this purchase from the capital fund established for Spook Hill Park Improvements to be funded from the bond proceeds for park projects. 3. The fully executed copy of the contract shall be provided to the Town Clerk for filing in his records. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 3/10/2022 4:51 PM by Joseph P. Paoloni Page 1 Packet Pg. 95 7.13 Town of Wappinger Meeting: 03/14/22 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Appointments / Terminations Prepared By: Joseph P. Paoloni T ABLED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2022-64 DOC ID: 5776 Resolution Establishing Receiver Of Taxes And Assessments As Head Of Water And Sewer Department WHEREAS, New York Town Law §37(1) designates the receiver of taxes and assessments to receive and collect all state, county, town and school taxes, and all assessments that may be levied or assessed in the town, and all fees thereon prescribed by law, including all other moneys provided by law to be paid to the town tax collector or school district collectors; and WHEREAS, the Town Board may assign additional duties to the Receiver of Taxes and Assessments by resolution; and WHEREAS, in the Town of Wappinger, the Receiver of Taxes and Assessments is appointed for a term of four years and is an exempt civil service position under the Rules of Dutchess County Human Resources; and WHEREAS, as the Receiver of Taxes and Assessments receives water and sewer bills as part of her statutory duties, the Town Board believes that it is in the best interest of the Town to also assign the duties of the head of the Water & Sewer Department to the Receiver of Taxes and Assessments; and WHEREAS, the Town Board has determined that the salary for the Receiver of Taxes and Assessments shall be increased to reflect the additional duties; NOW, THEREFORE, BE IT RESOLVED, that: 1. The Town Board hereby directs the Receiver of Taxes and Assessments to serve as head of the Water & Sewer Department and to exercise the duties of that position which are set forth in the attached Job Description for the Receiver of Taxes; 2. The employees in the Water & Sewer Department shall report to, be managed by, and be supervised by the Receiver of Taxes; 3. The salary of the Receiver of Taxes for fiscal year 2022 shall be increased by $3,000 per annum, prorated to 42 weeks of 2022 which is $2,423.08; 4. Such increase being paid from the Unallocated Fund Balance of the United Wappinger Water District and the Unallocated Fund Balance United Wappinger Sewer District in proportion to total revenues derived from each district and the Comptroller is directed to establish new budget lines for these expenditures; 5. This resolution shall take effect immediately and shall remain in effect until further resolution of the Town Board. RESULT: TABLED \[UNANIMOUS\] Next: 3/28/2022 7:00 PM MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 3/10/2022 4:43 PM by Joseph P. Paoloni Page 1 Packet Pg. 96 7.14 Town of Wappinger Meeting: 03/14/22 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2022-65 DOC ID: 5777 Resolution Authorizing The Execution Of An Agreement Between The Town Of Wappinger And The Wappinger United Soccer Club For 2022 WHEREAS, the Town Board finds that it is in the best interests of the Town to have the Wappinger United Soccer Club provide a program of soccer activities for the boys and girls of the community; and WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation Committee, Director of Recreation, and the Supervisor of Buildings and grounds, has negotiated the terms of a proposed Service Agreement with the Wappinger United Soccer Club, a copy of which is attached hereto; and WHEREAS, the Town Board acknowledges the very successful program the Wappinger United Soccer Club has administered and wishes to continue having the Wappinger United Soccer Club provide soccer activities for the boys and girls of the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board Members acknowledge they have reviewed the terms and they find the terms contained therein reasonable and consistent with the relationship the Town has with the Wappinger United Soccer Club. The Town Board hereby authorizes the Town Supervisor to execute said Service Agreement with the Wappinger United Soccer Club in accordance with the terms and conditions contained therein, which Agreement, among other provisions, authorizes the Town to pay the amount budgeted for Fiscal Year 2022 upon execution and delivery of the agreement. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 3/10/2022 4:51 PM by Joseph P. Paoloni Page 1 Packet Pg. 97 7.14.a SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND TOWN OF WAPPINGER UNITED SOCCER CLUB THIS AGREEMENT made the ___ day of _________ 2021, by and between TOWN OF WAPPINGER A Municipal Subdivision, having its offices at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, and WAPPINGER UNITED SOCCER CLUB A Not-For-Profit Corporation, with its principal offices at PO Box 120, Wappingers Falls, New York 12590, WUSC. W I T N E S S E T H: WHEREAS, the TOWN has maintained a long-standing relationship with the WUSC and acknowledges the partnership the TOWN has had with WUSC in providing a soccer program for the youth of the Town of Wappinger and the surrounding community; and WHEREAS, the WUSC has provided soccer fields, all of which are located within public recreation lands, and, except as authorized by this Agreement, WUSC acknowledges that the fields are open to the general public for use as athletic fields, subject to approval by the Town Board and as administered by the Town of Wappinger Director of Recreation and the Town of Wappinger Recreation Committee; and WHEREAS, the parties desire to enter into this contract to provide a soccer program and soccer instruction for the youth of the Town of Wappinger; and WHEREAS, the WUSC is willing to provide such services upon the terms and conditions hereinafter set forth. Attachment: Wappinger United Soccer 2021 Contract (RES-2022-65 : Authorizing The Execution Of An Agreement Between The Town And The - 1 - Packet Pg. 98 7.14.a NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, and other good and valuable consideration, the TOWN and the WUSC hereby agree as follows: 1. Term. The term of this Agreement shall be January 1, 2021 through December 31, 2021. 2. Services Provided. 2.1. The WUSC shall provide qualified and responsible management and supervision of a soccer program for all youth residing within the Town of Wappinger and the Village of Wappingers Falls between the ages of 3 and 18. 2.1.1. Thirty (30) days prior to the start of each season, WUSC shall supply the Town Board with a roster of the participants in the soccer program; such roster shall contain the names, addresses, including township of the residence of each participant. 2.2. The soccer program shall include soccer activities in one of the following Leagues: a) Youth Development Academy (U4-U8) b) Intramural/Recreational (U9-U19) c) Travel Program 2.3. Only the Leagues described above are permitted to use Town fields pursuant to this Agreement. not under the management of WUSC are not authorized to use Town fields pursuant to this Agreement and must apply for permits to use the fields. Attachment: Wappinger United Soccer 2021 Contract (RES-2022-65 : Authorizing The Execution Of An Agreement Between The Town And The - 2 - Packet Pg. 99 7.14.a 2.4. Assignment of participating youths shall be made by the WUSC, which individual skill level as determined by the WUSC. 2.5. The WUSC shall provide all supervision, coaches, instructors, and referee personnel necessary to provide management, supervision, instruction, and safety in the above- referenced leagues, as well as provide the youth a team experience in a formal organized program. It shall be the responsibility of the WUSC to perform background checks of all coaches and instructors to provide the appropriate security. WUSC shall request proof of background checks conducted by the association of referees used by the league. 2.6 The WUSC shall provide such administrative personnel as necessary to provide for the smooth and efficient operation of the above-mentioned Leagues, together with necessary coordination of such programs and use of TOWN fields as approved by the Town of Wappinger Recreation Director, in consultation with the Town of Wappinger Recreation Committee. 3. Revocable License to Use Town Sports Field Facilities. 3.1. The TOWN hereby grants a revocable license to WUSC to use the Airport Road Soccer Fields, the Rockingham Park Soccer Fields and such other fields as authorized by the Town of Wappinger Town Board, in consultation with the Town of Wappinger Recreation Director, and the , in accordance with the Field Use Procedure as adopted by the Town Board. 3.2. Thirty (30) days prior to the start of each season, WUSC shall submit a proposed use of the soccer fields necessary to provide the soccer program for the League specified in 2.2 above. The schedule of needed soccer fields shall be submitted to the Recreation Attachment: Wappinger United Soccer 2021 Contract (RES-2022-65 : Authorizing The Execution Of An Agreement Between The Town And The - 3 - Packet Pg. 100 7.14.a Director who shall review and approve the schedule of use of the fields or make any necessary modifications thereto. Any changes to the scheduled use of the fields must be approved by the Recreation Director. 3.3. To the extent practicable, the TOWN shall give WUSC a priority in scheduling the use of the soccer fields. The Wappinger Recreation Director may consult with the Supervisor of Buildings and Grounds of the Town of Wappinger in approving the use of the fields or other facilities authorized herein. The Recreation Director will notify WUSC in the event there is any request to use any of the park facilities that may conflict with the approved schedule of uses by WUSC. To the extent practicable, the TOWN shall not grant approval to outside users to insure there will be no conflicts with the approved schedule of uses for WUSC. Both parties agree to cooperate to maximize use of the facilities with other users, with a preference given to WUSC whenever possible or practical. 3.4. The TOWN authorizes WUSC to use portable lighting on the fields until 8:00 p.m. The TOWN shall not be responsible for supplying or maintaining portable lighting for use by WUSC. 3.5. The TOWN shall be responsible for all maintenance and repairs of the fields and such custodial services as may be deemed necessary by the Town of Wappinger Supervisor of Buildings and Grounds and as approved by the Town Board, except as hereinafter set forth. The WUSC shall promptly notify, in writing, the Supervisor of Buildings and Grounds of any dangerous conditions on any of the facilities licensed hereunder or any needed repairs to the soccer fields or other facilities. Weather and field conditions permitting, the TOWN will provide weekly mowing of the fields and common areas on a day to be agreed upon by the Supervisor of Buildings & Grounds and WUSC President. The TOWN will also provide string trimming of the Attachment: Wappinger United Soccer 2021 Contract (RES-2022-65 : Authorizing The Execution Of An Agreement Between The Town And The - 4 - Packet Pg. 101 7.14.a fences, buildings, and bleachers on a bi-weekly basis. The TOWN will attend to clean up of storm debris including fallen trees or branches as soon as possible following the storm. 3.6. The Town Board, in consultation with the Supervisor of Buildings and Grounds, must approve all capital or major improvements requested to be undertaken by WUSC on any of the sports fields; the approval shall be in the form of a motion or resolution adopted by the Town Board at any regular or special Town Board Meeting. The request for improvements must identify the type of improvements and any design plans, projected cost, and expenses. All such improvements shall be paid for by WUSC unless the TOWN expressly agrees otherwise. 3.7. Since Airport Drive Soccer Fields and Rockingham Park Soccer Fields are locked-gate Town parks with the Town Supervisor, shall create a list of authorized key holders to open and close the park each day and shall so notify WUSC 3.8 The parties acknowledge that the following individuals have been duly appointed to the following positions for the purpose of implementing this agreement and the Terms and Conditions hereunder: Town of Wappinger Supervisor Dr. Richard L. Thurston Town of Wappinger Liaison to the Recreation Committee Al Casella Wappinger Recreation Director Jessica Fulton Supervisor of Buildings and Grounds Steven Frazier President of WUSCAdam Kangas Each Party will promptly notify the other party if there is any change in the above identified persons. Attachment: Wappinger United Soccer 2021 Contract (RES-2022-65 : Authorizing The Execution Of An Agreement Between The Town And The - 5 - Packet Pg. 102 7.14.a 4. Use of Buildings and Grounds. 4.1. During the time that WUSC is using the fields in accordance with the approved schedule of use, the TOWN hereby grants a revocable permit to WUSC to use existing buildings at the Airport Drive Soccer Fields for the purposes of storage of equipment and the operation of a food and drink concession. No other use of the buildings or the grounds shall be permitted without the expressed consent of the Supervisor of Buildings and Grounds, after consultation with the Town Supervisor. 4.2. The WUSC will be responsible for the maintenance and cleanliness of the concession stand and all equipment in connection therewith, and further affirmatively agrees to operate the concession stand and equipment in accordance with the rules of the Dutchess County Health Department and any other regulatory agency having jurisdiction over the facility. 4.3. Any violations of any rule, law, regulation, ordinance, or statute by WUSC in the operation of the concession stand will be the sole responsibility of WUSC and WUSC agrees to indemnify and hold harmless the TOWN for any such violations. WUSC will repair/correct any violation within 30 days or by the date mandated by the Dutchess County Health Department and any other regulatory agency having jurisdiction over the facility. 5. TOWN Responsibilities. 5.1. The TOWN shall supply general and routine buildings, structures, and grounds, except for those items specifically designated as WUSC responsibilities in paragraph 6 following. 5.2. The TOWN shall supply porta johns and garbage removal. 5.3. The Supervisor of Buildings and Grounds shall be notified in the event emergency repairs are required and needed for any of the facilities licensed herein. The Attachment: Wappinger United Soccer 2021 Contract (RES-2022-65 : Authorizing The Execution Of An Agreement Between The Town And The - 6 - Packet Pg. 103 7.14.a Supervisor of Buildings and Grounds will provide an emergency phone number at which he or another designated individual can be reached in the event emergency repairs are required. 5.4. The TOWN shall mow and maintain the length of the grass on the soccer fields. The TOWN shall weather and field conditions permitting, provide weekly mowing of the fields and common areas on a day to be agreed upon by the Supervisor of Buildings & Grounds and the WUSC President. The TOWN will also provide string trimming of the fences, buildings, and bleachers on a bi-weekly basis. The Town will attend to clean up of storm debris including fallen trees or branches as soon as possible following the storm. 5.5. The TOWN shall maintain and keep in structurally and/or mechanically good order the fences, signs, and electrical services to the parks. 5.6. Upon request by WUSC, the TOWN, through the Department of Buildings and Grounds shall trim or remove any trees or ornamental shrubbery that interferes with game playing on any of the fields. 6. WAPPINGER Responsibilities. 6.1. WUSC will be responsible for measuring and marking all field lines, locating goals and any other field configurations pursuant to the guidelines and regulations for the game of soccer. 6.2. WUSC will pay for any improvements it deems necessary outside of the TOWN responsibilities, subject to Town Board approval, in consultation with the Supervisor of Buildings and Grounds. 7. Equipment. The WUSC shall provide all sporting equipment necessary for the implementation of the soccer program or shall require the participants to provide their own equipment Attachment: Wappinger United Soccer 2021 Contract (RES-2022-65 : Authorizing The Execution Of An Agreement Between The Town And The - 7 - Packet Pg. 104 7.14.a equipment, goals, etc., and such other equipment to maintain the fields as required for the game of soccer. The Town shall not be responsible for providing any soccer equipment under this agreement. 8. Availability. The soccer program herein provided shall be made available to all youth of the TOWN, inclusive of the Village of Wappingers Falls. The sports program shall be provided starting in the month of March 2021 through December 2021, as approved by the Recreation Department. 9. Medical Insurance Coverage. The WUSC shall provide medical/injury insurance equal to or greater than the standard insurance coverage covering the medical expenses for any of the participants in the soccer program. 10. Liability Insurance. 10.1. The WUSC shall indemnify and hold harmless the TOWN from all claims on account of injury, loss or damage arising or alleged to arise out of or in connection with the occupancy or use of the Town of Wappinger Recreation Fields; including all expenses incurred by the TOWN in the defense, settlement or satisfaction thereof including expenses of legal counsel. 10.2. In addition, the WUSC agrees to provide to the TOWN, a certificate of insurance, which indicates a current Commercial General Liability policy is in force with the WUSC as a named insure shall be named as an additional insured and/or certificate holder on a primary, non-contributory basis. Attachment: Wappinger United Soccer 2021 Contract (RES-2022-65 : Authorizing The Execution Of An Agreement Between The Town And The - 8 - Packet Pg. 105 7.14.a 10.3. No approval is granted or implied unless and until all requirements as outlined above have been submitted to, received, and accepted by the TOWN. 11. Indemnification. The WUSC will save, indemnify and hold harmless the TOWN and its agents, servants and employees from against all claims, damages, losses and death or injury to any participants in the program conducted by the WUSC, including the loss or destruction of tangible personal property, except, however, the WUSC shall not responsible or assume any liability for any acts of negligence committed by or on behalf of the TOWN, its agents, servants and employees 12. The WUSC coverage as required by General Municipal Law §108. 13. Financial Disclosure. The WUSC will furnish to the Town Board a profit and loss statement for the WUSC and show distribution of funds from any non-profit tournaments st and camps run by WUSC on TOWN property no later than January 31 of each year hereafter. 14. Fee for Administration of Program. 14.1. The TOWN shall pay WUSC the sum of Four Thousand Dollars ($4,000.00) for the administration and oversight of the soccer program to be provided pursuant to this Agreement. 14.2. WUSC shall be solely responsible for providing all additional financial support necessary to provide the soccer programs to be provided hereunder. 14.3. The TOWN will authorize the use of the Airport Drive Soccer Fields by the WUSC for one summer camp program. All proceeds from the camp will be paid to WUSC Attachment: Wappinger United Soccer 2021 Contract (RES-2022-65 : Authorizing The Execution Of An Agreement Between The Town And The - 9 - Packet Pg. 106 7.14.a and will be used to financially subsidize the soccer program authorized by this Agreement. The TOWN shall not charge any fee for the use of the Airport Drive Soccer Fields for this camp. 15. Non-Discrimination. The WUSC will not discriminate because of race, color, national origin, ancestry, or religion. WUSC will commit to being a safe and civil environment for all players coaches, staff, volunteers, referees, and patrons, free from harassment, intimidation, or bullying. The program shall be open to all youths who have a permanent residence within the Town of Wappinger, including the Village of Wappingers Falls, who are between the ages of 3 and 18. 16. Independent Contractor. The parties hereby agree that WUSC is hereby Town of Wappinger. 17. Non-Assignment. This Agreement may not be assigned. 18. Authorization. Each party, by execution of this Agreement, represents that it has duly obtained the authorization of its governing body to enter into this Agreement. The Town Supervisor or his duly designated Deputy Supervisor is hereby authorized to execute this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Wappinger at a regular meeting thereof held on the ____ day of ______, 2021. 19. Duplicate Originals. This instrument shall be executed in four (4) counterparts with at least one duplicate original permanently filed in the Office of the Town Clerk of the Town of Wappinger. IN WITNESSETH THEREOF, the parties have set their hands and seal this ___ day of _____________ 2021. Attachment: Wappinger United Soccer 2021 Contract (RES-2022-65 : Authorizing The Execution Of An Agreement Between The Town And The - 10 - Packet Pg. 107 7.14.a TOWN OF WAPPINGER By: __________________________________ DR. RICHARD L. THURSTON, Supervisor WAPPINGER UNITED SOCCER CLUB, INC. By: __________________________________ _________________________, President STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) On the ____ day of ________, 2021, before me, the undersigned, personally appeared DR. RICHARD L. THURSTON known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ____________________________ Notary Public STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) On the ____ day of ___,2021, before me, the undersigned, personally appeared JEFF TOMLINS known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ____________________________ Notary Public Attachment: Wappinger United Soccer 2021 Contract (RES-2022-65 : Authorizing The Execution Of An Agreement Between The Town And The - 11 - Packet Pg. 108 7.15 Town of Wappinger Meeting: 03/14/22 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2022-66 DOC ID: 5778 Resolution Authorizing The Execution Of An Agreement Between The Town Of Wappinger And The Town Of Wappinger Little League Association, Inc. WHEREAS, the Town Board finds that it is in the best interests of the Town to have the Town of Wappinger Little League Association, Inc. provide a program of softball and baseball activities for the boys and girls of the community; and WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation Committee, Director of Recreation, and the Supervisor of Buildings and grounds, has negotiated the terms of a proposed Service Agreement with the Town of Wappinger Little League Association, Inc., a copy of which is attached hereto; and WHEREAS, the Town Board acknowledges the very successful program the Town of Wappinger Little League Association, Inc. has administered for the last 40 years or so and wishes to continue having the Town of Wappinger Little League Association, Inc. provide softball and baseball activities for the boys and girls of the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board Members acknowledge they have reviewed the hereto, and they find the terms contained therein reasonable and consistent with the relationship the Town has had with the Town of Wappinger Little League Association, Inc. over the last 40 years or so. The Town Board hereby authorizes the Town Supervisor to execute said Service Agreement with the Town of Wappinger Little League Association, Inc. in accordance with the terms and conditions contained therein, which Agreement, among other provisions, authorizes the Town to pay the amount budgeted for Fiscal Year 2022 upon execution and delivery of the agreement. Updated: 3/10/2022 4:49 PM by Joseph P. Paoloni Page 1 Packet Pg. 109 7.15 Resolution 2022-66 Meeting of March 14, 2022 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 3/10/2022 4:49 PM by Joseph P. Paoloni Page 2 Packet Pg. 110 7.15.a SERVICEAGREEMENTBETWEENTOWNOFWAPPINGERAND TOWNOFWAPPINGERLITTLELEAGUEASSOCIATION,INC. THISAGREEMENTmadethe___dayof_____,2021,byandbetween TOWNOFWAPPINGER AMunicipalSubdivision, havingitsofficesatTownHall, 20MiddlebushRoad,WappingersFalls,NewYork12590, hereinafterreferredtoasthe and THETOWNOFWAPPINGERLITTLELEAGUEASSOCIATION,INC. ANot-For-ProfitCorporation, withitsprincipalofficesat POBOX133,WappingersFalls,NewYork12590, hereinafterreferredtoastheLITTLE WITNESSETH: WHEREAS,theTOWNandWAPPINGERLITTLELEAGUEhavemaintainedalong- standingrelationshipinprovidingbaseballandsoftballprogramsfortheyouthoftheTownof Wappinger;and WHEREAS,thebaseballandsoftballprogramsoftheWAPPINGERLITTLELEAGUE areprovidedattheRobinsonLaneRecreationFacilitiesownedbytheTownofWappinger;and WHEREAS,WAPPINGERLITTLELEAGUEhasassistedtheTOWNinmaintainingthe baseballfieldsandfacilitiesonwhichitsteamsplay;and WHEREAS,theTownBoarddeterminesthatitisinthebestinterestoftheTOWNto providebaseballandsoftballprogramsfortheyouthofthecommunityandthepartiesdesireto enterintothisagreementtoprovideaframeworkfortheprogramsfortheyouthoftheTownof Wappingerandtherespectiveobligationsoftheparties; -1- Packet Pg. 111 7.15.a NOW,THEREFORE,inconsiderationofthemutualpromises,covenantsandconditions containedherein,andothergoodandvaluableconsideration,theTOWNandtheWAPPINGER LITTLELEAGUEherebyagreeasfollows: 1.Term. TheTermofthisAgreementshallcommenceimmediatelyuponits executionandshallexpireuponDecember31,2021. 2.ServicesProvided. 2.1.TheWAPPINGERLITTLELEAGUEshallprovidequalifiedand responsiblemanagementandsupervisionofaprogramforyouthbetweentheagesof4and20, residingwithintheTownofWappingerandtheVillageofWappingersFalls. 2.1.1.Within30daysofthestartofitsSpringandFallseasons, WAPPINGERLITTLELEAGUEshallsupplytheTOWNwithawrittenrosterofall participantsintheSpringSoftballandbaseballprograms;suchrostershallcontainthe names,addresses,andagesofeachparticipant. 2.1.2TheWAPPINGERLITTLELEAGUEshallverifythatall participantsactuallyresideintheTOWNofWappinger,theVillageofWappingers Fallsorotherwisecomplywiththegeographicresidencerestrictionsestablishedby LittleLeagueBaseball,Inc. 2.2.WAPPINGERLITTLELEAGUEshallprovideprogramsforthefollowingages: a.ChallengerLeaguesAgeGroupvaried4to20yearsold; b.TeeBallAgeGroup-4to6yearsold; c.MinorLeagueBaseballAgeGroup7to12yearsold; d.LittleLeagueBaseball&SoftballAgeGroup-9to12yearsold; e.InstructionalBaseball&SoftballAgeGroup6to8yearsold; f.Junior/SeniorLeagueBaseball&SoftballAgeGroup13to16yearsold; 2.3.Suchsoftballandbaseballprogramsshallcomportwiththerulesandregulations oftheLittleLeagueBaseball,Inc. -2- Packet Pg. 112 7.15.a 2.4.Assignmentofparticipatingyouthstospecificteamsshallbemadeby WAPPINGERLITTLELEAGUE,atitssolediscretion,whichassignmentshalltakeinto considerationtheageoftheyouthandtheindividualskilllevel. 2.5.WAPPINGERLITTLELEAGUEshallprovideallcoaches,instructors,and umpiringpersonnelnecessarytoprovidemanagement,supervision,instructionandsafetyinthe above-referencedleagues,aswellasprovidetheyouthwithateamexperienceina formalorganizedprogram.ItshallbetheresponsibilityoftheWAPPINGERLITTLELEAGUE toperformbackgroundchecksofallcoachesandinstructorsinaccordancewiththeRulesofLL International.Uponrequest,WAPPINGERLITTLELEAGUEshallprovideproofofbackground checksconducted. 2.6TheWAPPINGERLITTLELEAGUEshallprovidesuchadministrativepersonnel asnecessarytomanageasmoothandefficientoperationoftheprogramandtheabove-mentioned Leagues,togetherwithnecessarycoordinationofsuchprogramsanduseofTOWNfieldsin consultationwiththeTownofWappingerRecreationDirector,theChairmanoftheTownof WappingerRecreationCommitteeandtheSupervisorofBuildingsandGrounds. 2.7ThePartiesacknowledgethatthefollowingindividualshavebeendulyappointed tothefollowingpositionsforthepurposeofimplementingthisagreementandtheTermsand conditionshereunder: TownofWappingerSupervisor-Dr.RichardL.Thurston TownBoardLiaisontotheRecreationCommitteeAlCasella WappingerRecreationDirectorJessicaFulton SupervisorofBuildingsandGroundsStevenFrazier PresidentofWappingerLittleLeagueJeffTomlins -3- Packet Pg. 113 7.15.a SafetyDirectorofWappingerLittleLeagueTinaSassano DirectorofFieldMaintenance,WappingerLittleLeagueJamesLamando EachPartywillpromptlynotifytheotherpartyifthereisanychangeintheaboveidentified persons. 3.RevocableLicensetoUseTownSportsFieldFacilities. 3.1.TheTOWNshallprovidesportsfieldfacilitiesforusebyWAPPINGER LITTLELEAGUEunderthetermsofthisAgreement. 3.2TheTOWNgrantsarevocablepermittoWAPPINGERLITTLELEAGUE tousetheRobinsonLaneRecreationFacility,andsuchotherfieldsasauthorizedbytheTOWN inaccordancewiththeFieldUseProcedureasadoptedbytheTownBoard. 3.3.ThefollowingfieldsattheRobinsonLaneComplexshallbereservedfor theprogramsoftheWAPPINGERLITTLELEAGUEduringtheagreedupontimesofoperation: F3,Ins1,Ins2,R1,R2,SL1,T1,T2,andChallenger(hereinafter.The WAPPINGERLITTLELEAGUEshallbepermittedtouseotherfieldsattheRobinsonLane ComplexasneededwithapprovaloftheTOWN. 3.4.Totheextentpracticable,theTOWNshallgiveWAPPINGERLITTLE LEAGUEpriorityinschedulingtheuseofthefields.TheWappingerRecreationDirectorand/or theChairmanoftheRecreationCommitteemayconsultwiththeSupervisorofBuildingsand GroundsoftheTownofWappingerinapprovingtheuseofthefieldsorotherfacilitiesauthorized herein.TheTOWNreservestherighttopermitthirdpartiestousetheRESERVEDFIELDSat suchtimesthatdonotinterferewiththescheduleofWAPPINGERLITTLELEAGUE. 3.5.TheRecreationDirectorwillnotifyWAPPINGERLITTLELEAGUEin theeventthereisanyrequesttouseanyoftheparkfacilitiesthatmayconflictwiththeapproved -4- Packet Pg. 114 7.15.a scheduleofusesbyWAPPINGERLITTLELEAGUE.Totheextentpracticable,theTOWNshall notgrantapprovaltooutsideuserssoastoinsuretherewillbenoconflictswiththeapproved scheduleofusesforWAPPINGERLITTLELEAGUE.BothPartiesagreetocooperateto maximizeuseofthefacilitieswithotherusers,withapreferencegiventoWAPPINGERLITTLE LEAGUEwheneverpossibleorpractical. 3.6.Theuseofauthorizedbaseballfieldsandrelatedfacilitiesshallinclude backstops,fencing,dugouts,restrooms,commonareasandfoodstandsallastheypresentlyexist andastheymaybemaintainedfromtimetotimehereafter. 4.TownMaintenanceofFacility. 4.1.TheTOWNshallberesponsibleforthemaintenanceandrepairofthefields andsuchcustodialservicesasmaybedeemednecessarybytheSupervisorofBuildingsand Grounds,exceptashereinaftersetforth. 4.2TheTOWNwillcleanandsupplytherestrooms,includingtheChallenger restrooms,twiceaweekduringnormalworkinghoursthroughouttheplayseason,ondaysagreed uponbytheSupervisorofBuildings&GroundsandPresidentoftheWAPPINGERLITTLE LEAGUE.TheTOWNwillalsoprovideanoutsidecontractortocleanandsupplytherestrooms onweekendsduringtheplayseasonasneeded.Suchcleaningshallincludesweepingthefloor, pickingdebris,cleaningsinks,toiletsandpartitionwalls,moppingthefloor,checkingand resupplyingtoiletpaper,papertowelsandhandsoapasneeded,andemptyingthegarbage. 4.3Weatherandfieldconditionspermitting,theTOWNwillprovideweekly mowingoftheoutfieldsandcommonareasonadaytobeagreeduponbytheSupervisorof Buildings&GroundsandWAPPINGERLITTLELEAGUEPresident.TheTOWNwillalso providestringtrimmingofthefences,buildings,andbleachersonabi-weeklybasis.TheTOWN -5- Packet Pg. 115 7.15.a willattendtocleanupofstormdebrisincludingfallentreesorbranchesassoonaspossible followingthestorm. 4.4TheTOWNshallmaintainandkeepinstructurallyand/ormechanically goodorderthedugouts,backstops,fences,signs,plumbingandelectricalservicestotheparks. 4.5TheWAPPINGERLITTLELEAGUEshallpromptlynotify,inwriting,the SupervisorofBuildingsandGroundsofanydangerousconditionsonanyofthefacilitieslicensed hereunderoranyneededrepairstothebaseballfieldsorotherfacilities.TheSupervisorof BuildingsandGroundswillprovideanemergencyphonenumberatwhichheoranother designatedindividualcanbereachedintheeventemergencyrepairsarerequired 4.6TheTownBoard,inconsultationwiththeSupervisorofBuildingsand Groundsmustapproveallcapitalormajorimprovementsrequestedtobeundertakenby WAPPINGERLITTLELEAGUEonanyofthesportsfields;theapprovalshallbeintheformof amotionorresolutionadoptedbytheTownBoardatanyregularorspecialTownBoardMeeting. Therequestforimprovementsmustidentifythetypeofimprovements,designplans,projected cost,andexpenses.AllsuchimprovementsshallbepaidforbyWAPPINGERLITTLELEAGUE unlesstheTOWNexpresslyagreesotherwise. 4.7SinceRobinsonLaneRecreationFacilityisalocked-gateTownpark,the SupervisorofBuildingsandGrounds,afterconsultationwiththeTownSupervisor,shall createalistofauthorizedkeyholderstoopenandclosetheparkeachdayandshallsonotify WAPPINGERLITTLELEAGUEandtheDirectorofRecreation.(Seealsoparagraph5.4 regardinguseofnightlights.) -6- Packet Pg. 116 7.15.a 4.8UponrequestbyWAPPINGERLITTLELEAGUE,theTOWN,through theDepartmentofBuildingsandGrounds,shalltrimorremoveanytreesorornamentalshrubbery thatinterfereswithgameplayingonanyofthefields. 4.9TheTOWNwillsupplytwenty-four(24)tonsofclayandone(1)palletof limemarkingchalkfortheballfieldsatthebeginningoftheseasonwhenfieldconditionspermit. 4.10TheTOWNherebygrantsWAPPINGERLITTLELEAGUEapermitto use,incommonwithTOWNemployees,thelawnmowerownedbytheTOWNandlocatedat RobinsonLaneRecreationFacilityforthepreparationandmaintenanceofinfieldgrassoneachof theballfields. 4.11TheTOWNshallkeepthewellonthepropertyinworkingordertoprovide apotablewatersupplyatRobinsonLaneRecreationFacility.TheTOWNwillpaythecostofthe mandatoryandroutinetestingofthispublicwatersourceperformedbyCAMOPollution. 5.UseofConcessionStand&StorageBuildings. 5.1.DuringthetimethatWAPPINGERLITTLELEAGUEisusingthebaseball fieldsinaccordancewiththeapprovedscheduleofuse,theTOWNherebygrantsarevocable permittoWAPPINGERLITTLELEAGUEtouseexistingbuildingsattheRobinsonLane RecreationFacilityforthesolepurposesofstorageofequipmentandtheoperationofafoodand drinkconcession.Nootheruseofthebuildingsorthegroundsshallbepermittedwithoutthe expressedconsentoftheSupervisorofBuildingsandGrounds,afterconsultationwiththeTown Supervisor. 5.2.TheWAPPINGERLITTLELEAGUEwillberesponsibleforthe maintenanceandcleanlinessoftheconcessionstandandallequipmentinconnectiontherewith, andfurtheraffirmativelyagreestooperatetheconcessionstandandequipmentinaccordancewith -7- Packet Pg. 117 7.15.a therulesoftheDutchessCountyHealthDepartmentandanyotherregulatoryagencyhaving jurisdictionoverthefacility. 5.3.Anyviolationsofanyrule,law,regulation,ordinanceorstatuteby WAPPINGERLITTLELEAGUEintheoperationoftheconcessionstandwillbethesole responsibilityofWAPPINGERLITTLELEAGUEandWAPPINGERLITTLELEAGUEagrees toindemnifyandholdharmlesstheTOWNforanysuchviolations.WAPPINGERLITTLE LEAGUEwillrepair/correctanyviolationwithin30daysorbythedatemandatedbytheDutchess CountyHealthDepartmentandanyotherregulatoryagencyhavingjurisdictionoverthefacility. 6.UseofLights. 6.1Thepartiesacknowledgethatlightsfornightgameshavebeeninstalledatthe followingfieldsattheRobinsonLaneRecreationFacility: HoltMemorialField SeniorLeagueField1 MelissaBisacciaMemorialField. 6.2WAPPINGERLITTLELEAGUEshallonlybeauthorizedtoutilizethenightlights three(3)nightsperweek,MondaythroughFridayonly,ateachofthefields,andatsuchother timesasapprovedinwritingbytheTownSupervisor,afterconsultationwiththeSupervisorof BuildingsandGrounds.ThesethreeweeklyusesareforWAPPINGERLITTLELEAGUEand cannotbetransferredorassignedtootherorganizations.Undernocircumstancesshalllightsbe permittedtooperatebeyond11:00p.m. 6.3.TheTOWNshallmaintainthenightlightsandkeeptheminproperworkingorder andinspectedasneededtoensurethatthelightscomplywithInternationalLittleLeague Guidelinesfornightgames. -8- Packet Pg. 118 7.15.a 6.4WAPPINGERLITTLELEAGUEshalldesignateinwritingapersonorpersons whoseresponsibilityitistoturnthenightlightsoffeachnightWAPPINGERLITTLELEAGUE usesthelights. 6.5TheTOWNshallpayforallutilitychargesforthesportsfieldsandfacilities. 7.WAPPINGERLITTLELEAGUEResponsibilities. 7.1WAPPINGERLITTLELEAGUEshallpayforthecostofatelephoneline attheRobinsonLaneRecreationFacility. 7.2WAPPINGERLITTLELEAGUEshallberesponsibleforroutineweekly cleaningofthedugouts,andformaintainingallinfieldsoneachoftheRESERVEDFIELDS, includingturfmaintenance,mowing,seeding,aeration,installation/rakingandrollingofclay, applicationoffertilizerandapplicationofdryingagentforclay;WAPPINGERLITTLELEAGUE shallberesponsibleforspreadingtheclayandappropriatelymarkingtheballfieldswithlines. 7.3WAPPINGERLITTLELEAGUEwillberesponsibleforproperly measuringallbaselinedistances;pitchermounddistancesandanyothermeasurementsonthe RESERVEDFIELDSpursuanttotheguidelinesandregulationssetforthbytheInternationalLittle League. 7.4WAPPINGERLITTLELEAGUEshallberesponsibleforprocuringany additionalclayoverthetwenty-four(24)tonstobesuppliedbytheTOWN. 7.5WAPPINGERLITTLELEAGUEwillsupplyallotherneededequipment, includingtractors,mowers,chalkliners,etc.,necessarytomaintaintheRESERVEDFIELDSin suitablecondition,forplay,inaccordancewithInternationalLittleLeagueRules;WAPPINGER LITTLELEAGUEshallalsosupplyfuelandothermaintenanceitemsforalllawnmowersused byit. -9- Packet Pg. 119 7.15.a 7.6.WAPPINGERLITTLELEAGUEwillpayforallimprovementsitdeems necessaryoutsideoftheTOWNresponsibilitiesaspreviouslydefined,subjecttoTownBoard approval,inconsultationwiththeSupervisorofBuildingsandGrounds. 8.Equipment.TheWAPPINGERLITTLELEAGUEshallprovideallsporting equipmentnecessaryfortheimplementationofProgramtobeprovidedherein,including,butnot limitedto,bases,balls,insurance,uniforms,leaguefees,equipment,pitchingmound,etc., andsuchotherequipmenttomaintainthefieldsasrequiredbytheInternationalLittleLeague Rules. 9.Availability.Thebaseball/softballsportsprogramhereinprovidedshallbemade availabletoallyouthoftheTOWN,inclusiveoftheVillageofWappingersFalls.TheProgram shallbeprovidedstartinginthemonthofMarch2021throughthecompletionofthesummer/fall programinNovember2021,asapprovedbytheRecreationDepartment. 10.MedicalInsuranceCoverage. TheWAPPINGERLITTLELEAGUEshallprovideallmedical/injuryinsuranceequalto orgreaterthanthestandardInternationalLittleLeagueinsurancecoveragecoveringthemedical expensesforanyoftheparticipantsinthebaseball/softballprogram. 11.LiabilityInsurance. 11.1Inaddition,theWAPPINGERLITTLELEAGUEagreestoprovidetothe TOWN,acertificateofinsurance,whichindicatesacurrentCommercialGeneralLiabilitypolicy isinforcewiththeWAPPINGERLITTLELEAGUEasanamedinsuredwrittenwithan insurancecompanywithanA.M.ratingoforbetter. Theoccurrencelimitmust indicatealimitnotlessthan$1,000,000.TheTOWNshallbenamedasanadditionalinsured and/orcertificateholderonaprimary,non-contributorybasis. -10- Packet Pg. 120 7.15.a 11.2Noapprovalisgrantedorimpliedunlessanduntilallrequirementsasoutlined abovehavebeensubmittedto,receivedandacceptedbytheTOWN. 12Indemnification.TheWAPPINGERLITTLELEAGUEshallsave, indemnifyandholdharmlesstheTOWNanditsagents,servantsandemployeesfromagainstall claims,damages,lossesandexpenses,includingallexpensesincurredbytheTOWNinthe defense,settlementorsatisfactionthereofincludingexpensesoflegalcounsel,arisingoutofor resultingfromanyandallclaims,damages,disease,deathorinjuryarisingfromthisAgreement orinconnectionwiththeoccupancyorusebytheWAPPINGERLITTLELEAGUEofthe TownofWappingerRecreationFieldsincludingthelossordestructionoftangiblepersonal property,except,however,theWAPPINGERLITTLELEAGUEshallnotresponsibleorassume anyliabilityforanyactsofnegligencecommittedbyoronbehalfoftheTOWN,itsagents, servantsandemployees. 13.WorkCompensation. TheWAPPINGERLITTLELEAGUEshallprovide CompensationcoverageasrequiredbyGeneralMunicipalLaw§108 14.FinancialDisclosure. TheWAPPINGERLITTLELEAGUEwillfurnishtothe TownBoardaprofitandlossstatementfortheWAPPINGERLITTLELEAGUEandshow distributionoffundsfromanynon-profittournamentsrunbyWAPPINGERLITTLELEAGUEat st RobinsonLaneRecreationFacilitynolaterthanJanuary31ofeachyearhereafter. 15.FeeforAdministrationofProgram. 15.1.SubsequenttothesignatureofthisAgreement,theTOWNshallmakea one-timepaymenttoWAPPINGERLITTLELEAGUEofEightThousandDollars($8,000.00)for theadministrationandoversightofthe2021programstobeprovidedpursuanttothisAgreement andasagreeduponinthe2021TOWNbudget. -11- Packet Pg. 121 7.15.a 15.2.WAPPINGERLITTLELEAGUEshallbesolelyresponsibleforproviding alladditionalfinancialsupportnecessarytoprovidethePrograms. 15.3.TheTOWNwillauthorizetheuseoftheRobinsonLaneRecreationFacility bytheWAPPINGERLITTLELEAGUEforoneadditionaltournamentintheyear2021.All proceedsfromthetournamentwillbepaidtoWAPPINGERLITTLELEAGUEandwillbeused tofinanciallysubsidizethebaseballprogramauthorizedbythisAgreement.TheTOWNshallnot chargeanyfeefortheuseoftheRobinsonLaneRecreationFacilityforthistournament,except, however,intheeventthenightlightsareused,theTOWNshallbepaid$250.00perfieldforthe useofsuchlights. 16Non-Discrimination. TheWAPPINGERLITTLELEAGUEwillnot discriminatebecauseofrace,color,nationalorigin,ancestry,orreligion.WAPPINGERLITTLE LEAGUEwillcommittobeingasafeandcivilenvironmentforallplayerscoaches,staff, volunteers,umpires,andpatrons,freefromharassment,intimidation,orbullying.Theprogram shallbeopentoallyouthswhohaveapermanentresidencewithintheTownofWappinger, includingtheVillageofWappingersFalls,whoarebetweentheagesof5and20. 17IndependentContractor. ThepartiesherebyagreethatWAPPINGERLITTLE LEAGUEisherebydeemedanandshallnotbeconsideredanemployee oragentoftheTownofWappinger. 18Non-Assignment. ThisAgreementmaynotbedelegated,assigned,ortransferred. 19Authorization. EachParty,representsthatithasdulyobtainedtheauthorization ofitsgoverningbodytoenterintothisAgreement.TheTownSupervisororhisdulydesignated DeputySupervisorisherebyauthorizedtoexecutethisAgreementpursuanttoaResolution -12- Packet Pg. 122 7.15.a adoptedbytheTownBoardoftheTownofWappingerataregularmeetingthereofheldonthe ____thdayof____,2021. 19.DuplicateOriginals. Thisinstrumentshallbeexecutedinfour(4)counterparts withatleastoneduplicateoriginalpermanentlyfiledintheOfficeoftheTownClerkoftheTown ofWappinger. INWITNESSETHTHEREOF,thepartieshavesettheirhandsandsealthis___dayof _______2021. TOWNOFWAPPINGER By:__________________________________ DR.RICHARDL.THURSTON,Supervisor TOWNOFWAPPINGERLITTLE LEAGUEASSOCIATION,INC. By:__________________________________ JEFFTOMLINS,President STATEOFNEWYORK) )ss: COUNTYOFDUTCHESS ) Onthe____dayof________,2021,beforeme,theundersigned,personallyappeared DR.RICHARDL.THURSTONknowntomeorprovedtomeonthebasisofsatisfactory evidencetobetheindividualwhosenameissubscribedtothewithininstrumentand acknowledgedtomethatsheexecutedthesameinhercapacity,andthatbyhersignatureonthe instrument,theindividual,orthepersonuponbehalfofwhichtheindividualacted,executedthe instrument. ____________________________ NotaryPublic -13- Packet Pg. 123 7.15.a STATEOFNEWYORK) )ss: COUNTYOFDUTCHESS ) Onthe____dayof___,2021,beforeme,theundersigned,personallyappearedJEFF TOMLINSknowntomeorprovedtomeonthebasisofsatisfactoryevidencetobetheindividual whosenameissubscribedtothewithininstrumentandacknowledgedtomethatheexecutedthe sameinhiscapacity,andthatbyhissignatureontheinstrument,theindividual,orthepersonupon behalfofwhichtheindividualacted,executedtheinstrument. ____________________________ NotaryPublic -14- Packet Pg. 124