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2022-07-07 Town of Wappinger 20 Middlebush Road Wappingers Falls,NY 12590 Special Meeting townofwappinger.us - Minutes — Joseph Paoloni (845)297-5772 Thursday, July 7, 2022 7:00 PM Town Hall I. Call to Order Supervisor Richard Thurston called the meeting to order at 7:00 PM. Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:00 PM William H. Beale Town of Wappinger Councilman Present 7:00 PM Angela Bettina Town of Wappinger Councilwoman Present 7:00 PM Christopher Phillips Town of Wappinger Councilman Present 7:00 PM Al Casella Town of Wappinger Councilman Present 7:00 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:00 PM II. Pledge of Allegiance III. Agenda and Minutes 1. Motion To: Adopt Agenda ........ ........ ........ ........ ......... ...... ........ .. ........ ..... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Adopt Minutes of June 27, 2022 ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IV. Public Hearings Resolution Introducing Local Law Of 2022 Which Would Amend Chapter 240, Zoning, Of The Town Code With Respect To The Shopping Center District And Large-Scale Mixed- Use The public hearing was reopened by Councilman Phillips and seconded by Councilwoman Town of Wappinger Page I Printed 7/13/2022 Special Meeting Minutes July 7, 2022 Bettina. The principals from Diamond and Dakota appeared which included Ted Grogan VP Diamond Properties, and Franklin. Mr. Grogan explained the history since their ownership. He explained that BJs has in their lease the right to approve whom they put in there. He suggested residential is the hook to get people up there. Brian Donato from Dakota Properties gave a PowerPoint Presentation that is attached to the back end of these minutes. He went over the plans for the residential development. He showed the plans for five 3-story buildings. He mentioned a plan sent the Board last week, but nothing was given to the Town Clerk for recording in these minutes. The plan is to make this a true mixed income development and perhaps later on for lower incomes. Councilman Beale asked about the HCR housing. He stated that this is not a subsidized housing. They will get the Capital Costs subsidized from New York State HCR, who would provide up front Capital but does not subsidize their rent. There is a maximum income that can qualify. Councilman Casella asked are the apartments necessary for the investment to work. Mr. Grogan answered no. Mr. Alexander explained why would the amount of money Diamond and Dakota be the determinant factor on what they could do up there. Councilman Casella asked why a code change is needed given that they already have the ability to put residential uses up there. Mr. Alexander explained there is no reason to re-face the buildings without the synergy of the apartments or re-design the site. He explained BJs is excited about having 144 families nearby to walk over to BJs to shop and have their employees live there. Supervisor Thurston asked, "Can you put two new tenants back into those two big buildings without anything else and what would those tenants look like?" Mr. Grogan received six calls today from prospective tenants such as Adventure Park, a Furniture company, Kildebaker, and an indoor pool hall; but, most of the applicants are lackluster in credit quality. Councilwoman Bettina asked if they reached out to colleges. Mr. Alexander responded back, "Did You?" Planner Malcolm handed out a document to the board, but did not provide one to the Town Clerk for recording in these minutes. He addressed all the permitted uses and special uses. He cited permitted uses where owners have the right. For example, government building,places of worship,private education, daycare, libraries, museums, offices, retail stores, crafts and artisan studios, restaurants, bars and restaurant brewers,personal service, theaters, training schools,pet groomers, gyms,parks and playgrounds, health care offices, medical or dental laboratories, farm uses including a farm produce stands, and bed and breakfasts. A special permit is something that the town looks at a little more closely to see if it meets the specific criteria. Catalogue showrooms, fraternal recreation clubs, community clubs, commercial recreation facilities and entertainment uses, motor vehicle towing and repair services, apartments or mixed use, sewerage treatment,public utilities, and telecommication towers. The changes they plan to make are: Veterinarian Offices and Commercial kennels without outdoor runs Manufacturing, Fabricating, Finishing, Assembly or repair of products including retail sale of the products, i.e. and artisan studio, metal working Microbrewers, distillers, Hotels, and Motels Warehousing and Self-Storage with specific Constraints, which would be warehousing self- storage and rental warehousing They would increase the height of the apartments from 2.5 stories to three stories, which would allow the redevelopment of lot 5 in a more efficient way The height of the mixed use would increase from 2.5 stories or 35 feet to 4 stories and 50 feet with commercial on the ground floor with 3 stories of residential above. You would get density bonuses sub-districts to encourage dense development in certain areas of the site. These changes are proposed in this legislation. Those details can be gleaned from the video on the Town's Town of Wappinger Page 2 Printed 7/13/2022 Special Meeting Minutes July 7, 2022 website. Councilman Phillips stated that we would be changing a town-wide zone for what might happen. Attorney Horan explained that the 2.5 to 3 stories means a pointed roof versus a flat roof. He explained for the applicant to get a variance they would need approval before the applicant can get financing. He said that is more beneficial to the applicant to change the code than to get the variance. Councilman Beale said he wanted to see fewer buildings with higher heights. Planner Malcolm explained that it much more beneficial to build up that to build out. Mr. Alexander explained that this is the first of three processes with the Town, which includes a site plan special use and SEQRA review. Resident Grace Martin likes the vision of the project. If it can do it under the present code then the town will use control. She explained the Galaxia has no vision from the street. She asked about how many are for senior housing. She does not like the vision of building the housing first. She said that two stories are better for seniors. Mr., Grogan said there are no plans to make a connection to Hopewell Road. He said we are open to anything and will do whatever it takes. Mr. Alexander South Hills mall is looking into multi-family. Former Supervisor Gutzler asked about three story walkups and provisions for senior citizens. Brian acknowledged that it is a walkup. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADJOURNED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella V. Resolutions RESOLUTION: 2022-120 Resolution Authorizing A Memorandum Of Agreement With Teamsters Union Local 445 For 2022 WHEREAS, the Town of Wappinger ("the Town") and the Teamsters Local 445, ("the Union") are parties to a collective bargaining agreement covering the period through December 31, 2021; and WHEREAS, the negotiating committees for the Town and the Union have agreed upon the terms of a Memorandum of Agreement to modify the Collective Bargaining Agreement, dated July 7, 2022,which sets forth the terms of employment for the collective bargaining unit for the period from January 1,2022 through December 31, 2022 and WHEREAS, that Agreement provides that it is subject to ratification by the Town Board and the Union's membership; and WHEREAS, the Union has advised the Town that its membership has voted and has approved the Agreement; and WHEREAS, the members of the negotiating committee for the Town have recommended unanimously that the proposed successor Collective Bargaining Agreement be ratified by the Town Board; NOW,THEREFORE, BE IT RESOLVED THAT: Town of Wappinger Page 3 Printed 7/13/2022 Special Meeting Minutes July 7, 2022 1. The Memorandum of Agreement between the Town and the Union dated July 7,2022 is hereby ratified and approved; 2. The Town Supervisor is authorized to execute the Memorandum of Agreement for the period from January 1, 2022 through December 31,2022 that is in the from attached hereto; 3. The Town Board approves the funding for such Agreement and directs that compensation be increased in accordance with the collective bargaining agreement commencing with the next pay period which begins on July ,2022; 4. The Town Board hereby directs the Town Comptroller or his designee to calculate the increases in pay that are due retroactively to January 1,2022 in accordance with the Collective Bargaining Agreement and provide a Report to the Town Board of the amounts due so that it may make the necessary appropriations for their payment. 5. The Supervisor is directed to provide a copy of the MDA signed by all the parties to the Town Clerk to maintain in his files with the other contracts with the Union. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: J Vote Record-Resolution RES-2022-120 D Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston" Voter "".......D ..... ........❑"" "........."" El El ElDefeated WilliamH.Beale.................... Mover . ..... D ❑.. ....,.... El ........................................................... ❑ Tabled ftelaBettina Seconder D ❑ El................. ......................... ElWithdrawn Christopher Phillips Voter El 0 0 ❑ AlCasella.................................Voter....,........D.......,........❑.......,........❑........,.......❑..... Dated: Wappingers Falls, New York July 07, 2022 The Resolution is hereby duly declared Adopted. VI. Items For Consideration VII. Adjournment Motion To: Wappinger Adjournment& Signature The meeting adjourned at 8:30 PM. Joseph P. Paoloni Town Clerk Town of Wappinger Page 4 Printed 7/13/2022 Special Meeting Minutes July 7, 2022 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella VIII. Presentaion 1. Alpine Presentation Town of Wappinger Page 5 Printed 7/13/2022 5.1 Town of Wappinger Meeting:07/07/22 07:00 PM 20 Middlebush Road Department:Town Clerk Wappingers Falls,NY 12590 Category:Agreements,Contracts,Leases Prepared By:Joseph P.Paoloni ADOPTED Initiator:MinuteTraq Admin Sponsors: RESOLUTION 2022-120 DOC ID:5832 Resolution Authorizing A Memorandum Of Agreement With Teamsters Union Local 445 For 2022 WHEREAS, the Town of Wappinger ("the Town") and the Teamsters Local 445, ("the Union") are parties to a collective bargaining agreement covering the period through December 31, 2021; and WHEREAS, the negotiating committees for the Town and the Union have agreed upon the terms of a Memorandum of Agreement to modify the Collective Bargaining Agreement, dated July 7, 2022,which sets forth the terms of employment for the collective bargaining unit for the period from January 1,2022 through December 31, 2022 and WHEREAS, that Agreement provides that it is subject to ratification by the Town Board and the Union's membership; and WHEREAS, the Union has advised the Town that its membership has voted and has approved the Agreement; and WHEREAS, the members of the negotiating committee for the Town have recommended unanimously that the proposed successor Collective Bargaining Agreement be ratified by the Town Board; NOW,THEREFORE, BE IT RESOLVED THAT: 1. The Memorandum of Agreement between the Town and the Union dated July 7,2022 is hereby ratified and approved; 2. The Town Supervisor is authorized to execute the Memorandum of Agreement for the period from January 1, 2022 through December 31,2022 that is in the from attached hereto; 3. The Town Board approves the funding for such Agreement and directs that compensation be increased in accordance with the collective bargaining agreement commencing with the next pay period which begins on July ,2022; 4. The Town Board hereby directs the Town Comptroller or his designee to calculate the increases in pay that are due retroactively to January 1,2022 in accordance with the Collective Bargaining Agreement and provide a Report to the Town Board of the amounts due so that it may make the necessary appropriations for their payment. 5. The Supervisor is directed to provide a copy of the MOA signed by all the parties to the Town Clerk to maintain in his files with the other contracts with the Union. This resolution shall take effect immediately. Updated: 7/7/2022 7:56 PM by Joseph P. Paoloni Page 1 Packet Pg.6 5.1 Resolution 2022-120 Meeting of July 7, 2022 ......... ......... ........ ......... ......... ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 7/7/2022 7:56 PM by Joseph P. Paoloni Page 2 Packet Pg.7 5.1,a U- 0 O MEMORANDOM OF AGREEMENT Ln �t �t 7E This MEMORANDUM OF AGREEMENT ("MOA") dated July 2022 is entered by 0 r- and between the TOWN OF WAPPINGER("Town") located at Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 and LOCAL 445, International d; W E Brotherhood of Teamsters, located at 15 Stone Castle Rd., Rock Tavern, New York, referred to herein as the "Union", recognized as the exclusive collective bargaining agent for the Wappinger Town Hall Employees Association, referred to herein as the"Collective Bargaining Unit" or E a) W L "CBU". References herein to the Union shall include the CBU and reference herein to the CBU Q O shall include the Union unless specified to the contrary, E L WITNESSETH : 0 m WHEREAS,the Town and Union are the "Parties" to a Collective Bargaining a, N Agreement("CBA") effective for the term of January 1, 2018 to December 31, 2019, signed by 0 the Town Supervisor on October 23, 2018 and by the Teamster Local 445 Representative on 0 November 4, 2018; and o m WHEREAS,the Parties are also parties to a Memorandum of Agreement for a two year Q term covering the period January 1, 2020 through December 31, 2021 ("2020 MOA"); and N N co W WHEREAS,the Parties have reached tentative agreement of the terms, contained herein, W N N of a CBA for the term of January 1, 2022 through December 31, 2022 that are contained in this N L MOA, that shall be subject to the affirmative vote of a majority of the members of the CBU and E a� for the Town Board's final, formal approval Q O NOW, THEREFORE, the Parties hereby agree to the following terms: E U 1 Q Packet Pg.8 5.1,a L 0 1. 7.1.1 Base Wage Rate. Replace the existing with the following: Lo �r �r 7E Effective l/l/2022—All wages and salaries shall be increased by 3% 0 0 2. 7.2 Premium Pay for Overtime. Add new subparagraphs: D L a. 7.2.4 Inclement Weather: When the Town of Wappingers closes its town offices M m for a full workday due to winter weather or a storm, all union members who work that day will be paid an additional 8 hours of pay rather than receiving a compensatory day a� off, in addition to their regular pay and overtime. a, Q 0 b. 7.2.5 Storm and Event Coverage: In the event an employee needs to be called in E due to a weather event or other special event, any employee called in shall be paid at the o E a� overtime rate for all hours worked due to said call in. Additionally, employees shall be Q a, called in by seniority on a rotating basis. The called in employee must have the requisite N L 0 skills and ability to do the job necessary. Once an employee has been called in s/he shall Q be moved to the bottom of the list and will not be called again until all other employees o have been called in. U) 0 3. 7.4.1 Payroll Period: The language shall be modified to a two-week payroll period which 0 begins on Monday at 12:01 a.m. and ends fourteen (14) days later on Sunday at 12:00 midnight C� co W to reflect the trial period detailed in paragraph 7.4.2, below. W N N O N 4. 7.4.2 Pay Date. Add the following: The current pay date practice shall be modified as follows: Employees shall be paid on a two-week payroll period, 26 payroll periods annually, on a� Fridays, for a six (6) month trial period and subject to continuation in the next CBA if agreed by p the Parties. E U 2 Q Packet Pg.9 5.1.a U- 0 O 5. 14.1.1 Duration of Agreement. Modify as follows: Ln �t �t 7E This Agreement shall be effective from 01/01/2022 through 12/31/2022. 0 0 6. Retroactive increases of wages and longevity steps shall be paid to each member of the L CBU in a lump sum payment within thirty days after the MOA is approved and executed on E M m behalf of the CBU and the Town Board. 7. The Resolution of the Town Board approving the final CBA shall be affixed hereto as an a E a) attachment, in the same form as Resolution 2018-237. a, Q O E L The Collective Bargaining Unit members have approved the attached MOA and deliver to the E W Town for approval by the Town Board. Q a� N L O Q For the CBU: _ 0 CBU Negotiating Committee Members W 0 Date: 2022 N N O N Date: 2022 U) W W N Date: 2022 0 N N L Date: 2022 E m MICHAEL PITT, Vice President TEAMSTERS LOCAL 445 O m E U 3 Q Packet Pg. 10 5.1.a U- 0 0 The Town Board approved the attached MOA by resolution at a town board meeting with a Lo Itr majority of the members voting in the affirmative on the day of 2022. 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