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2023-08-21Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5772 Monday, August 21, 2023 7:00 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:00 PM William H. Beale Town of Wappinger Councilman Present 7:00 PM Angela Bettina Town of Wappinger Councilwoman Present 7:00 PM Christopher Phillips Town of Wappinger Councilman Present 7:00 PM Al Casella Town of Wappinger Councilman Present 7:00 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 5:45 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of July 24, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella IV. Public Hearings 1. Motion To: Open Public Hearing Town of Wappinger Page I Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Local Law No. 3 Of The Year 2023, "Amending Chapter 122 Of The Code Of The Town Of Wappinger To Update Fees And Fines" Adjourned 7/24/2023 7: 00 PM COMMENTS - Current Meeting: Grace Martin addressed the board regarding garbage ticket fees which have been eliminated 3 years ago. Attorney Horan volunteered that he had no idea those fees were in there. V. Public Portion 1. Motion To: Open Public Portion COMMENTS - Current Meeting: Kelsea appeared to may sure about the climate smart community. She discussed it with the board. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella VI. Discussions 1. Central Hudson Rate Increases (Beale) Councilman Beale addressed the double digit rate increase this year. He proposed a resolution to call attention to the impact on home owners. Councilwoman Bettina suggested bringing in a Central Hudson official to address the situation. 2. 2023 First Responder Awards Ceremony (Beale) The 7th annual responder meeting will be held on Sept 17 at 6PM at Town Hall. 3. Proposed Revisions to Town's COVID Policy (Thurston/Barry) Jessica appeared to discuss the COVID policy. Town of Wappinger Page 2 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 4. Condemnation of Four (4) Properties (Thurston/Roberti) Judith Subrize passed out a document to the Town Board and the Town Clerk. Due to the confidentiality of the information, they will be kept in the Town Clerk's office for review by the public. The details of the remedy for each property are available on the town's video. Mr. Lodge appeared to discuss his remedy for his vacant property. 5. PILOT Solar Farm (Horan) Attorney Horan asked to discuss this item at the next meeting. 6. Proposed Expansion of Martz Pickleball Courts (Casella) Councilman Casella updated the status of the pickleball courts. He estimated VII. Resolutions RESOLUTION: 2023-74 In the Matter of The Increase and Improvement of the Facilities of the United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, directed the Engineers to the Town to prepare a a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York (the "Sewer District"), being the upgrade of the sludge digestion facilities at the Tri Municipal Sewer Treatment Plant, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $814,016; and WHEREAS, the Town Board duly adopted a resolution on May 8, 2023, calling a public hearing to consider said proposed increase and improvement and estimate of expense, to be held at Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 22 day of May, 2023, at 7:00 o'clock, Eastern Daylight Saving Time; and WHEREAS, notice of said public hearing was duly published and posted in the manner provided by law and proof thereof has been submitted to said Town Board; and WHEREAS, said public hearing was duly held at the time and place aforesaid, at which all persons interested were duly heard; and WHEREAS, said Town Board has duly considered all of the evidence given at such public hearing; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1. Based upon the evidence given at the aforesaid public hearing, it is hereby found and determined to be in the public interest to provide for the aforesaid increase and improvement of the facilities of the United Sewer Water District, being the upgrade of the sludge digestion facilities at the Tri Municipal Sewer Treatment Plan, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $814,016, and the same are hereby authorized sub)ect to the provisions of Section 2 hereof. 2. Definite plans, specifications and a careful estimate of the expense of the aforesaid improvement are hereby directed to be prepared and the Town Attorney is hereby directed to assist in the preparation of a proposed contract and to submit the same to this Town Board for examination and approval. Town of Wappinger Page 3 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 3. The Town Clerk shall cause a Certified Copy of this resolution, the Order Calling the Hearing, the Notice of Public Hearing and the affidavits of posting and publication to be filed in the Office of the Dutchess County Clerk. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-74 Yes/Aye No/Nay Abstain Absent El Adopted 0 Adopted as AmendedRichard Thurston Voter D ❑ ,.... ..❑ ......,.... ..❑.......,.......❑ ElElElDefeated William H. Beale .................... Voter... . ..... D ..... ........... . ........... ... ❑ Tabled Angela Bettina VoterD .... ❑ .....,...... E']........... ❑ ... El Withdrawn Christopher Phillips ................. Seconder ........... El .................❑ ❑ ... .... El ... ❑ ..... Al Casella.......... Mover D El.... ❑ Dated: Wappingers Falls, New York August 21, 2023 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2023-78 A Resolution Authorizing The Issuance Of $814,016 Bonds Of The Town Of Wappinger, Dutchess County, New York, To Pay The Cost Of The Increase And Improvement Of The Facilities Of The United Wappinger Sewer District, In The Town Of Wappinger, Dutchess County, New York WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated May 22, 2023, said Town Board has determined it to be in the public interest to improve the facilities of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York, at a maximum estimated cost of $814,016; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York, consisting of the upgrade of the sludge digestion facilities at the Tri Municipal Sewer Treatment Plan, including incidental improvements and expenses in connection therewith, being the share of said District of the cost thereof, there are hereby authorized to be issued $814,016 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $814,016, which specific object or purpose is hereby approved at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $814,016 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Town of Wappinger Page 4 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 Section 3. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of $814,016 bonds of said Town, authorized to be issued herein; PROVIDED, HOWEVER, that to the extent that any grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar -for -dollar. Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said United Wappinger Sewer District as applicable in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the Supervisor shall deem best for the interests of said Town, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 9. The Supervisor is hereby further authorized, at his sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Town of Wappinger Page 5 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 Section 10. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Town of Wappinger Page 6 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2023-78 Yes/Aye No/Nay Abstain Absent ❑ Adopted ........ D Adopted as Amended Richard Thurston Voter D ❑ ❑ ❑ ElDefeated William H. Beale ... Voter D ❑ .......,...... ❑ ❑ El Tabled Angela Bettina .....................Seconder ..... D .... ❑ ❑ ......,..... ❑ ... ElWithdrawn Christopher Phillips Mover 0 ❑ El El Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2023 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2023-97 Resolution Authorizing Payment In Lieu Of Taxes Agreement With Old Myers NY, LLC WHEREAS, Old Myers LLC ("Owner") owns a 38.09 -acre parcel of farmland located in the Town of Wappinger, County of Dutchess on Myers Corners Road having a Tax Id Number 6258-03-376432; and WHEREAS, the Owner intends to construct a solar farm of approximately 2.0 Megawatts AC on the property; and WHEREAS, the Town of Wappinger Planning Board has granted Site Plan and Special Permit Approval to the proposed Solar Farm; and WHEREAS, Solar Energy Systems are entitled to an exemption from real property taxes pursuant to NY Real Property Tax Law §487; and WHEREAS, the Town of Wappinger has not opted out of the exemption provided by RPTL §487; and WHEREAS, the Owner has submitted, or will submit, to the assessor of the Town of Wappinger a RP -487 Application for Tax Exemption of Solar or Wind Energy Systems or Farm Waste Energy Systems, demonstrating its eligibility for a real property tax exemption pursuant to RPTL Section 487; and WHEREAS, pursuant to RPTL § 487 (9)(a), the Town has indicated its intent to require a Payment in Lieu of Taxes ("PILOT") Agreement with the Owner, under which the Owner (or any successor owner of the Project) will be required to make annual payments to each of the Taxing Jurisdictions for each year during the fifteen -year term of the exemption; and WHEREAS, the Owner has proposed a Payment in Lieu of Taxes (PILOT) Agreement with the Town of Wappinger, the County of Dutchess and the Wappinger Central School District in accordance with RPTL § 487; and Town of Wappinger Page 7 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 WHEREAS, the Wappinger Central School District has approved a PILOT agreement for the project and the County of Dutchess is considering the PILOT agreement; and WHEREAS, a Draft PILOT agreement has been provided to and reviewed by the Attorney to the Town; and WHEREAS, the PILOT Agreement provides for a pro -rated sharing of the PILOT Revenue between the taxing jurisdictions based upon the amount of $2,700 per Megawatt of solar farm capacity with a 2 percent escalator per year for 15 years, which term is the life of the tax exemption for solar energy systems pursuant to RPTL § 487; and WHEREAS, for example in year one of the agreement the total PILOT would be $5,400 which would be allocated as follows: School $4,187.47, Town $702.14 and County $702.14; and WHEREAS, the construction of a Solar Farm is consistent with the energy policies of the State of New York; and WHEREAS, the land on which this Solar Farm is constructed will continue to be used as agricultural land and the rental income from the solar farm will provide income to continue the agricultural use; and WHEREAS, the Town Board believes that it is in the interest of the Town of Wappinger to enter into the annexed PILOT agreement. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby authorizes the Supervisor to sign the annexed PAYMENT IN LIEU OF TAXES AGREEMENT FOR SOLAR ENERGY SYSTEMS with the Old Myers NY LLC on behalf of the Town of Wappinger for a 2.00 MW AC Solar Farm on Tax Parcel 6258-03-376432. The Town Board authorizes and directs that the Town Clerk forward certified copies of this resolution to the Town Assessor, the Dutchess County Real Property Tax Services Agency Director and the Wappinger Central School District. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-97 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard ThurstonVoter 0 ❑ El ❑ El Defeated William H. Beale ..................... ..Voter.... ,........ D ....... ,........❑ ..... ❑ ..... ❑..... 0 Tabled Angela Bettina...........................seconder........ 11 D ....... ,........❑ ..... ..... El.......,.......❑ ..... FlWithdrawn Christopher Phillips................................... ..Voter............. .......D...... ......❑................❑................❑..... Next: 9/14/23 7:00 PM Al Casella Mover .. ...... El..... ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2023 The Resolution is hereby duly declared Tabled. RESOLUTION: 2023-91 Resolution Adopting Local Law No. 3 Of The Year 2023 Entitled "Amending Chapter 122 Of The Code Of The Town Of Wappinger To Update Fees And Fines." WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "Amending Chapter 122 of the Code of the Town of Wappinger to Update Fees and Fines." for consideration by the Town Board; and Town of Wappinger Page 8 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, the Town Board determined that the proposed action does not affect the environment and is not subject to SEQRA; and WHEREAS, a Public Hearing was held on July 24, 2023, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, be it resolved, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "Amending Chapter 122 of the Code of the Town of Wappinger to Update Fees and Fines.", as Local Law of 2023 a copy of which is attached hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law and the Zoning Map of the Town shall be amended to reflect the change; and BE IT FURTHER RESOLVED, that this Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2023-91 Yes/Aye.. No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston VoterWi D ❑ ,.... ..❑ ......,.... El ..❑.. ....,......❑ ❑ ....... El Defeated lliam HB . eale .................... V oter D ..... ... ❑ Tabled Angela Bettina Seconder .................. D ❑ El❑ El Withdrawn Christopher Phillips s .. Voter D ❑ ................ ❑ ❑ Al Casella Mover D ❑ El................ ❑ Dated: Wappingers Falls, New York August 21, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-102 Resolution Authorizing Amnesty From Increased Fee For Expired Building Permits WHEREAS, the Town of Wappinger has enacted a Local Law which increases certain Fees and Fines, including a new fee structure for renewing expired building permits; and WHEREAS, the Town Board has determined that it is in the best interest of the Town to enact an amnesty from the new fee structure, to encourage property owners to renew their expired building permits and obtain the necessary inspections required by the Uniform Code; NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby enacts an amnesty from the new fee schedule for the renewal of expired building permits that qualify under the following conditions: Town of Wappinger Page 9 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 1. The building permit was issued on or before August 21, 2022, and is expired, 2. Work has been commenced under the building permit, 3. Application to renew the building permit shall be made on or before November 1, 2023, the building permit renewal fee in effect on August 21, 2023, shall be paid, 4. All work shall comply with the NYS Uniform Code and shall be subject to inspection by the Town of Wappinger Building Department in accordance with Chapter 85 of the Town of Wappinger Code, 5. All work shall be completed and satisfactorily inspected on or before December 31, 2023, 6. Any expired permits that do not meet these conditions shall be required to pay the new fee. BE IT FURTHER RESOLVED, that the building department is direct to send notice of this amnesty to the property owners currently having expired building permits; and BE IT FURTHER RESOLVED, that a copy of this resolution be posted on the Town's website and social media sites. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2023-102 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as AmendedRichard Thurston Voter 0 ❑ ..... El ElElDefeated am H. Beale .......................... Voter ....,...... D ...... ,........❑ ❑ .. ❑ ... ❑ Tabled Angela Bettina Mover . ..... D .... ❑ .....,...... ❑ ......,..... ❑ ... ❑ WithdrawnChristopher Phillips Seconder 0 ❑ El El Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-105 Resolution Authorizing Retroactive Pay For Deputy Court Clerk WHEREAS, at the meeting of the Town of Wappinger Town Board held on July 24, 2023, Emily Foss was promoted from the position of Clerk to the Justice to fill the vacancy in the position of Deputy Court Clerk; and WHEREAS, her compensation was set at the rate of $26.91 per hour in accordance with the terms of the CBA and as established in the 2023 budget; and WHEREAS, via an oversight, the appointment was to be effective as of June 26, 2023; now therefore: BE IT RESOLVED, that the Town Board, with the consent of the Town Justices, appoints Emily Foss to the position of Deputy Court Clerk with her compensation at the rate of $26.91 per hour in accordance with the terms of the CBA and as established in the 2023 budget; and Town of Wappinger Page 10 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 BE IT FURTHER RESOLVED, that the above appointment is retroactive to June 26, 2023. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-105 Yes/Aye.. No/Nay Abstain Absent D Adopted ❑ Adopted as AmendedRichard Thurston .Willim Voter ..Voter ... ,...... 0 ❑ ,.... ..❑ ..... El ElElDefeated . a H. Beale ...................... D ...... ❑ .. ❑ ... ❑ Tabled Angela Bettina Voter... . ..... D .... ❑ .....,...... ❑ ......,..... ❑ ... ❑ Withdrawn Christopher Phillips Mover 0 ❑ El El Al Casella Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-108 Resolution Approving SAS Electrical Inspection As An Approved Electrical Inspector For The Town Of Wappinger WHEREAS, Chapter 114 of the Town Code of the Town of Wappinger requires all electrical installations to be in conformity with the National Electrical Code and the New York State Uniform Code; and WHEREAS, Section 114-4 permits the Town Board to authorize and approve qualified electrical inspection agencies to make inspections, re -inspections, and to approve or disapprove any electrical installations within the Town of Wappinger to insure compliance with the National Electrical Code and the New York State Uniform Code; and and WHEREAS, Yuri Badovich is a certified electrical inspector in the State of New York; WHEREAS, Yuri Badovich is the sole member of SAS Electrical Inspection, and WHEREAS, Yuri Badovich, in his capacity as sole member of SAS Electrical Inspection, with an address at PO Box 119, Greenfield Park New York, 12435, has requested to be an approved electrical inspection agency for the Town of Wappinger; and WHEREAS, Susan Dao, Code Enforcement Officer for the Town of Wappinger has reviewed the qualifications of Yuri Badovich in his capacity as sole member of SAS Electrical Inspection, to act as electrical inspector for the Town of Wappinger and said Susan Dao has determined that the aforesaid organization meets all criteria required by the National Electrical Code to qualify as electrical inspection agency; and WHEREAS, Susan Dao, Code Enforcement Officer for the Town of Wappinger, has recommended that Yuri Badovich, sole member of SAS Electrical Inspection, be approved to provide professional ministerial electrical inspection services for all electrical installations within Town of Wappinger Page 11 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 the Town of Wappinger to assure compliance with the National Electrical Code and the New York State Uniform Code. 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. SAS Electrical Inspection, through its sole member Yuri Badovich is hereby approved to be a qualified electrical inspector for the Town of Wappinger and is authorized to provide ministerial electrical inspection services for all electrical installations within the Town of Wappinger to ensure compliance with the National Electrical Code and the New York State Uniform Code. 3. SAS Electrical Inspection is further appointed as an agent of the Town of Wappinger to make electrical inspections and any necessary re -inspections of all electrical installations made in the Town of Wappinger, in accordance with Chapter 114 of the Code of the Town of Wappinger. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2023-108 Yes/Aye No/Nay Abstain Absent D Adopted ........ ❑ Adopted as Amended Richard Thurston Voter D ❑ ❑ ❑ ElDefeated WilliamH.Beale.................... Voter... D...... ❑ ❑........,..... ❑ ... ❑ Tabled Angela Bettina Mover . ..... D .... ❑ .....,...... ❑ ......,..... ❑ ... ❑ WithdrawnChristopher Phillips Seconder 0 ❑ El El Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-109 Resolution Establishing Petty Cash Fund For The Code Enforcement Department WHEREAS, pursuant to Town Law §64 (1-a), the Town Board is authorized to establish petty cash funds for any Town officer, head of a department or office in the Town, for payment, in advance of audit, of a properly itemized or certified bill for materials, supplies or services furnished to the Town for the conduct of its affairs and upon such terms as set forth in Town Law § 64 (1-a); now, therefore BE IT RESOLVED, that the Town Code Enforcement Department is hereby authorized and directed to establish a petty cash fund, in a sum not to exceed Two Hundred Dollars ($200.00) for such petty cash fund; and BE IT FURTHER RESOLVED, that all such disbursements made from petty cash funds and the audit of such funds shall be made in accordance with the express provisions, terms and conditions of Town Law § 64 (1-a). The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 12 Printed 911112023 Regular Meeting Minutes August 21, 2023 Vote Record - Resolution RES -2023-109 ❑ Adopted Yes/Aye ... ,... No/Nay ........Abstain Yes/Aye No/Nay Abstain Absent D Adopted ........ ❑ Defeated Richard Thurston Voter El ............... ElAdopted as Amended Richard Thurston Voter 0 ❑ El ❑ ❑ Defeated William H. Beale .................... .... Voter... ........... ... D...... ....... .... ❑ ....................... ❑........,..... ❑ ... ...... .. ❑ Tabled Angela Bettina Voter D .... ❑ .....,...... ❑ ......,..... ❑ ... ❑ Withdrawn Christopher Phillips 111� secon4erE 0 ❑ ❑ Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-110 Resolution Creating Climate Smart Communities Task Force And Climate Smart Communities Coordinator WHEREAS the Town of Wappinger took the Climate Smart Communities Pledge in 2015, and WHEREAS Dutchess County Government is registered and encourages all its municipalities to participate in the CSC program, and WHEREAS the Town of Wappinger completed the CSC Assessment in 2021 which revealed that the Town has an estimated: • 78 points of completed actions; • 41 points of in -progress action, some of which may have been completed since the assessment; • 10 points of recommended action, and WHEREAS being designated a CSC Community is a key factor when being considered for various New York grant programs, and WHEREAS climate change poses a real and increasing threat to local and global environments, and WHEREAS the Town of Wappinger should continue to prepare for, and build resiliency for the impacts of climate change, regardless of the cause, and WHEREAS the next steps to participate in the CSC program are to establish a Climate Smart Communities Task Force and a CSC Coordinator, and WHEREAS the CSC Coordinator shall serve as the point person for the CSC Task Force, serve as the CSC Task Force's liaison to the Town's governing body, lead Task Force meetings, and have a commitment to local climate action, WHEREAS the CSC Task Force members will assist the CSC Coordinator in completing and documenting climate mitigation and adaptation measures. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger establishes the CSC Task Force and names Dr. Richard L. Thurston as the Climate Smart Communities Coordinator. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-110 ❑ Adopted Yes/Aye ... ,... No/Nay ........Abstain ....... Absent .... ❑ Adopted as Amended ❑ Defeated Richard Thurston Voter El ............... ❑ ❑ ❑ 0 Tabled WilliainH.Beale ................. Seconder.. D ............ ..... ❑ ... ...... .._.. ......❑ ..............❑..... ❑ Withdrawn Angela Bettina Voter El ❑ ❑ III,II E. Town of Wappinger Page 13 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 Next: 9/14/23 7:00 PM Christopher Phillips Mover 0 ❑ El ❑ Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2023 The Resolution is hereby duly declared Tabled. RESOLUTION: 2023-111 Correspondence Log Resolution Accepting the Correspondence Log. NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2023-111 CorrespondenceLog - 2 23-08-21 To From Date ante Re c' Re: Agenda [tete No/Nay Board Macke Butts & Whalen, LLP 81412823 81712.823 Tri-Munici al Sewer Commission 812112.823 Board Barbara Roberti 81812823 81812823 Performance/Maintenance Bonds 812°°112.823 Voter n Board Stenger, aiarnond & Glass, LLP 81812923 81912823 Cedar Hill H6 hts 812112823 William H. Beale n Board tonin Board of Appeals 811412823 811412112312 Fox Hill Road 8012823 88-21-886 Town Board Carl S. Wolfson 811812823 811512823 Town Justice Monthly Report July 2823 812°112.823 88-21-886 Town Board Heather L. Kitchen 811112823 811512823 Town Justice Monthly Report July 2823 8012.823 88-21-887 Town Board Lee Anne Freno I V17/20231 8i17J2023IJuly 2823 Realt Tax Report 812°112.823 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: J Vote Record - Resolution RES -2023-111 Yes/Aye No/Nay Abstain Absent D Adopted ........ El Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder 0 ❑ ❑ ❑ ❑ TabledAngela Bettina Mover . . ..... D .... ❑ .....,...... ❑ ......,..... ❑ ... El Withdrawn Christopher Phillips Voter„ 11111 0 ❑ El ❑ Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2023 The Resolution is hereby duly declared Adopted. VIII. Items for Special Consideration/New Business 1. Motion To: Re -Schedule the Sept 11 meeting to Sept 14 Town of Wappinger Page 14 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Transfer $3,500 from Budget Line Item B7104.9 for a Clay Expense RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IX. Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Thurston, Supervisor SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella X. Items Approved After Executive Session RESOLUTION: 2023-104 Resolution Appointing Account Clerk WHEREAS, the Town Board of the Town of Wappinger has a vacancy for the position of Account Clerk as the result of an internal promotion; and WHEREAS, the Town Board desires to fill the Account Clerk vacancy, and WHEREAS, a Civil Service list does not exist for the Account Clerk position, and the Town Board has received approval from Dutchess County Human Resources to provisionally appoint a candidate pending a future examination, and WHEREAS the Town Board is satisfied that Graceanna Overton meets the minimum qualifications required to be Account Clerk. NOW THEREFORE BE IT RESOLVED that the Town Board appoints Graceanna Overton to the position of Account Clerk at the pay rate of $23.40 per hour as established in the 2023 budget, Line A 1315.102 starting on August 28, 2023, and Town of Wappinger Page 15 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 BE IT FURTHER RESOLVED, that said appointment shall be subject to a future examination, pursuant to applicable Civil Service regulations, and BE IT FURTHER RESOLVED that all terms and conditions of Ms. Overton's employment shall be subject to the provisions of the Collective Bargaining Agreement between the Town and Teamsters Local 445; and BE IT FURTHER RESOLVED that the Town Personnel Administrator, is authorized to complete and file with the Dutchess County Department of Human Resources all paperwork required by that office in connection with this appointment. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2023-104 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. BealeSeconder .................... 0 ....... .... ❑ ....... .. ❑ El............ El Tabled Angela Bettina Mover . . ..... D .... ❑ .....,...... ❑ ......,..... El ... ❑ WithdrawnChristopher Phillips Voter„ 11111 0 ❑ El ❑ Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-106 Resolution Appointing Seasonal Laborer WHEREAS, the Town Board has determined that hiring seasonal employees in the Buildings and Grounds Department to assist with the repairs and maintenance of Town Buildings and Grounds is necessary; and WHEREAS, the Rules of the Dutchess County Department of Human Resources authorizes the appointment of employees by the Town on a seasonal basis; and WHEREAS, the Supervisor of Buildings and Grounds recommends the appointment of the following employee as a seasonal laborer; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Zachary Zindler as Seasonal Laborer who shall be compensated at $20.06 per hour out of budget line B.7110.0123 with a starting date retroactive to May 15, 2023. 2. This appointment is in accordance with the rules of the Dutchess County Department of Human Resources. Town of Wappinger Page 16 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 3. This appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 4. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. 5. The 2023 Budget makes appropriations for this position. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2023-106 Yes/Aye.. No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter 0Wi ❑ ,.... ..❑ ......,.... El ..❑.. ....,......❑..... El Defeated lliam HB . eale .................... M over . ..... D ..... ❑ Tabled Angela Bettina Seconder .................. D ❑ El❑ El Withdrawn Christopher Phillips .................. .. Voter D ❑ ................ ❑ ❑ Al Casella Voter D ❑ El................ ❑ Dated: Wappingers Falls, New York August 21, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-107 Resolution Appointing Maintenance Mechanic WHEREAS, the Town Board has determined that hiring a Maintenance Mechanic in the Buildings and Grounds Department to assist with the repairs and maintenance of Town Buildings and Grounds is necessary; and WHEREAS, the Rules of the Dutchess County Department of Human Resources authorizes the appointment of such employees by the Town; and WHEREAS, the Supervisor of Buildings and Grounds recommends the appointment of the following employee as a maintenance mechanic. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Branden Dingee as maintenance mechanic who shall be compensated at $25.00 per hour out of budget line B.7110.0118 with a starting date of August 21, 2023. 2. This appointment is in accordance with the rules of the Dutchess County Department of Human Resources. 3. This appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 4. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. Town of Wappinger Page 17 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 5. The 2023 Budget makes appropriations for this position. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2023-107 Yes/Aye No/Nay Abstain Absent D Adopted .. ... ❑ Adopted as Amended ar Richard Thurston Voter 0 ............... ❑ ❑ ❑ ❑ Defeated WilliainH.Beale Seconder.. D ❑ ... ❑..1111- ......,.......❑..... ❑ TabledAngela Bettina Voter El ❑ El El El Withdrawn .Christopher Phillips Voter ............ D ..... ........... ❑ ................. ❑ ...... ❑ Al Casella Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York August 21, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-103 Resolution Authorizing Appointment Of Senior Account Clerk WHEREAS, a request to authorize the position of Senior Account Clerk has been approved by the Dutchess County Department of Human Resources, and WHEREAS, this position is competitive, and WHEREAS, the funding for this position is available in the 2023 Town budget, and WHEREAS, Dutchess County has determined that Regina Dauzat has successfully participated the Senior Account Clerk examination and meets the minimum qualifications, WHEREAS, the Town Comptroller recommends the appointment of Regina Dauzat to the position of Senior Account Clerk, now therefore BE IT RESOLVED, that the Town Board, with the consent of the Town Comptroller, appoints Regina Dauzat to the position of Senior Account Clerk with her compensation at the rate of $29.56 per hour in accordance with the terms of the CBA and as established in the 2023 budget Line A1315.101; and BE IT FURTHER RESOLVED, that the above appointment is effective August 21, 2023. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 18 Printed 9/11/2023 Regular Meeting Minutes August 21, 2023 Vote Record - Resolution RES -2023-103 ❑ Adopted Yes/Aye No/Nay Abstain Absent ElAdopted as Amended Richard ThurstonVoter El ❑ El ❑ El Defeated William H. Beale ........................ Voter ... .......D ............... ❑ ..... .........❑ ............... ❑..... El Tabled Angela Bettina .........................Seconder........ D ..... .........❑ ............... ❑............... ❑ .... ElWithdrawn pher hillip...................Mover............ ChristoPs D...... ❑.......,........ ❑........,....... ..... ❑ Next: 9/14/23 7:00 PM Al Casella......... .. ................Voter ... ...... D ..... ❑ ..... ❑...... ❑ .... Dated: Wappingers Falls, New York August 21, 2023 The Resolution is hereby duly declared Tabled. XI. Adjournment Motion To: Wappinger Adjournment & Signature COMMENTS - Current Meeting: The meeting adjourned at 10:45 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 19 Printed 9/11/2023 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-74 Meeting: 08/21/23 07:00 PM Department: Town Clerk Category: Special Districts Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 5963 In the Matter of The Increase and Improvement of the Facilities of the United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, directed the Engineers to the Town to prepare a a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York (the "Sewer District"), being the upgrade of the sludge digestion facilities at the Tri Municipal Sewer Treatment Plant, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $814,016; and WHEREAS, the Town Board duly adopted a resolution on May 8, 2023, calling a public hearing to consider said proposed increase and improvement and estimate of expense, to be held at Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 22 day of May, 2023, at 7:00 o'clock, Eastern Daylight Saving Time; and WHEREAS, notice of said public hearing was duly published and posted in the manner provided by law and proof thereof has been submitted to said Town Board; and WHEREAS, said public hearing was duly held at the time and place aforesaid, at which all persons interested were duly heard; and WHEREAS, said Town Board has duly considered all of the evidence given at such public hearing; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1. Based upon the evidence given at the aforesaid public hearing, it is hereby found and determined to be in the public interest to provide for the aforesaid increase and improvement of the facilities of the United Sewer Water District, being the upgrade of the sludge digestion facilities at the Tri Municipal Sewer Treatment Plan, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $814,016, and the same are hereby authorized subject to the provisions of Section 2 hereof. 2. Definite plans, specifications and a careful estimate of the expense of the aforesaid improvement are hereby directed to be prepared and the Town Attorney is hereby directed to assist in the preparation of a proposed contract and to submit the same to this Town Board for examination and approval. 3. The Town Clerk shall cause a Certified Copy of this resolution, the Order Calling the Hearing, the Notice of Public Hearing and the affidavits of posting and publication to be filed in the Office of the Dutchess County Clerk. This resolution shall take effect immediately. HISTORY: 05/22/23 Town Board TABLED Next: 06/12/23 06/12/23 Town Board TABLED Next: 08/21/23 Updated: 8/21/2023 9:38 PM by Joseph P. Paoloni Page 1 Resolution 2023-74 RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Meeting of August 21, 2023 Updated: 8/21/2023 9:38 PM by Joseph P. Paoloni Page 2 ATTORNEYS AT LAW August 4, 2023 Robert R. Butts Town of Poughkeepsie Town Board Robert B. Mac 1 Overocker Road Joshua E. Mackey Ian S. MacDonald Poughkeepsie, NY 12603 Cara A. Whalen Village of Wappingers Falls Board of Trustees Christina A. Maaarella Pedro Medina, Jr 2582 South Avenue Lite M. Ward Wappingers Falls, NY 12590 Emily Abrahams Tyrone Brown Roderick J. MacLeod R. Keith Salisbury Replyto: ❑ 3208 Franklin Avenue Millbrook, NY12545 P 845.67Z6700 F 845.677.2202 319 Mill Street Poughkeepsie, NY 12601 P 845.452.4000 F 845.454.4966 ❑ 81 Main Street P.O. Box 308 Sharon, CT 06069 P 860.364.6232 F 860.364.6429 www.mbwlawyers.com Town of Wappinger Town Board 20 Middlebush Road Wappingers Falls, NY 12590 Re: Tri -Municipal Sewer Commission Sludge Digestion Improvement Project Our File No. 3571.0000 Dear Board Members: As you know, the Tri -Municipal Sewer Commission ("the Commission") is in the process of awarding a contract for the Sludge Digestion Improvement Project. Bids were opened on June 22nd. The lowest bid, however, came in at $1,340,940, which is higher than the original estimated construction cost of the Project of $1,194,819. The original estimated total cost of the Project, including administration costs, was $1,352,679. The Commission's engineer has provided a revised Map, Plan and Report with new estimates of the total cost of the Project of $1,642,818, which includes administrative costs of $151,878. The additional total estimated cost of $290,136 will require the Town of Poughkeepsie to finance an additional $41,808, the Village of Wappingers to finance an additional $104,565, and the United Wappinger Sewer District to finance an additional $143,763 over what each municipality initially approved for financing. These figures are based on each municipality's percentage allocation for capital costs. Before the Commission can award the contract for the Project it needs to receive the documentation from each municipal board showing it has authorized the additional financing. As of the date of this letter, the Commission has not received such documentation from any of the municipalities. With the consent of the contractor, the lowest bid has been extended to August 21St. If the municipalities do not provide such documentation before August 21St, the Commission may be required to re -bid the Project. All documentation should be submitted to Karen P. McLaughlin, Administrator at the Commission. Sincerely, MACKEY BUTTS & WHALEN, LLP /ISM Cc: Jay Baisley, Chairman of the Tri -Municipal Sewer Commission Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED Meeting: 08/21/23 07:00 PM Department: Town Clerk Category: Special Districts Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston RESOLUTION 2023-78 DOC ID: 5972 A Resolution Authorizing The Issuance Of $814,016 Bonds Of The Town Of Wappinger, Dutchess County, New York, To Pay The Cost Of The Increase And Improvement Of The Facilities Of The United Wappinger Sewer District, In The Town Of Wappinger, Dutchess County, New York WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated May 22, 2023, said Town Board has determined it to be in the public interest to improve the facilities of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York, at a maximum estimated cost of $814,016; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York, consisting of the upgrade of the sludge digestion facilities at the Tri Municipal Sewer Treatment Plan, including incidental improvements and expenses in connection therewith, being the share of said District of the cost thereof, there are hereby authorized to be issued $814,016 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $814,016, which specific object or purpose is hereby approved at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $814,016 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of $814,016 bonds of said Town, authorized to be issued herein; PROVIDED, HOWEVER, that to the extent that any grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar -for -dollar. Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and Updated: 8/24/2023 4:10 PM by Joseph P. Paoloni Page 1 Resolution 2023-78 Meeting of August 21, 2023 payable in such year. To the extent not paid from monies raised from said United Wappinger Sewer District as applicable in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the Supervisor shall deem best for the interests of said Town, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 9. The Supervisor is hereby further authorized, at his sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 10. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or Updated: 8/24/2023 4:10 PM by Joseph P. Paoloni Page 2 Resolution 2023-78 Meeting of August 21, 2023 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Updated: 8/24/2023 4:10 PM by Joseph P. Paoloni Page 3 Resolution 2023-78 Meeting of August 21, 2023 Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. HISTORY: 06/12/23 Town Board TABLED RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Next: 08/21/23 Updated: 8/24/2023 4:10 PM by Joseph P. Paoloni Page 4 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2023-97 Meeting: 08/21/23 07:00 PM Department: Town Clerk Category: Tax Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 5987 Resolution Authorizing Payment In Lieu Of Taxes Agreement With Old Myers NY, LLC WHEREAS, Old Myers LLC ("Owner") owns a 38.09 -acre parcel of farmland located in the Town of Wappinger, County of Dutchess on Myers Corners Road having a Tax Id Number 6258-03-376432; and WHEREAS, the Owner intends to construct a solar farm of approximately 2.0 Megawatts AC on the property; and WHEREAS, the Town of Wappinger Planning Board has granted Site Plan and Special Permit Approval to the proposed Solar Farm; and WHEREAS, Solar Energy Systems are entitled to an exemption from real property taxes pursuant to NY Real Property Tax Law §487; and WHEREAS, the Town of Wappinger has not opted out of the exemption provided by RPTL §487; and WHEREAS, the Owner has submitted, or will submit, to the assessor of the Town of Wappinger a RP -487 Application for Tax Exemption of Solar or Wind Energy Systems or Farm Waste Energy Systems, demonstrating its eligibility for a real property tax exemption pursuant to RPTL Section 487; and WHEREAS, pursuant to RPTL § 487 (9)(a), the Town has indicated its intent to require a Payment in Lieu of Taxes ("PILOT") Agreement with the Owner, under which the Owner (or any successor owner of the Project) will be required to make annual payments to each of the Taxing Jurisdictions for each year during the fifteen -year term of the exemption; and WHEREAS, the Owner has proposed a Payment in Lieu of Taxes (PILOT) Agreement with the Town of Wappinger, the County of Dutchess and the Wappinger Central School District in accordance with RPTL § 487; and WHEREAS, the Wappinger Central School District has approved a PILOT agreement for the project and the County of Dutchess is considering the PILOT agreement; and WHEREAS, a Draft PILOT agreement has been provided to and reviewed by the Attorney to the Town; and WHEREAS, the PILOT Agreement provides for a pro -rated sharing of the PILOT Revenue between the taxing jurisdictions based upon the amount of $2,700 per Megawatt of solar farm capacity with a 2 percent escalator per year for 15 years, which term is the life of the tax exemption for solar energy systems pursuant to RPTL § 487; and WHEREAS, for example in year one of the agreement the total PILOT would be $5,400 which would be allocated as follows: School $4,187.47, Town $702.14 and County $702.14; and WHEREAS, the construction of a Solar Farm is consistent with the energy policies of the State of New York; and WHEREAS, the land on which this Solar Farm is constructed will continue to be used as agricultural land and the rental income from the solar farm will provide income to continue the agricultural use; and WHEREAS, the Town Board believes that it is in the interest of the Town of Wappinger to enter into the annexed PILOT agreement. Updated: 7/20/2023 2:57 PM by Joseph P. Paoloni Page 1 Resolution 2023-97 Meeting of August 21, 2023 NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby authorizes the Supervisor to sign the annexed PAYMENT IN LIEU OF TAXES AGREEMENT FOR SOLAR ENERGY SYSTEMS with the Old Myers NY LLC on behalf of the Town of Wappinger for a 2.00 MW AC Solar Farm on Tax Parcel 6258-03-376432. The Town Board authorizes and directs that the Town Clerk forward certified copies of this resolution to the Town Assessor, the Dutchess County Real Property Tax Services Agency Director and the Wappinger Central School District. HISTORY: 07/24/23 Town Board TABLED RESULT: TABLED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Next: 08/21/23 Next: 9/14/2023 7:00 PM Updated: 7/20/2023 2:57 PM by Joseph P. Paoloni Page 2 From: Zomerfeld, Henry A. To: James P. Horan Cc: Kyle McAdam; Ben Aoaro Subject: RE: Old Myers Solar, PILOT and additional items Date: Tuesday, July 11, 2023 2:55:24 PM Attachments: image002.i)ng Re Lightstar Solar Project PILOT Agreement.msq 1.5'1 Liahtstar - old Myers Road - Town PILOT Agreement.DOCX Hi, Jim, As a follow up to our call yesterday, here is the breakdown based on $2,700/MWac all -in shared pro rata: Tax ftates As mentioned, the School District signed off on this allocation. Attached is an email from the District confirming same. The School District PILOT is already fully executed. Attached is revised PILOT changing the notice contact to the Town Receiver of Taxes instead of the Supervisor. Please let us know after the Town reviews these materials. Thanks, Henry Henry A. Zomerfeld I Senior Associate I Hodgson Russ LLP The Guaranty Building 1140 Pearl Street I Buffalo, NY 14202 (0) 716-848-1370 I hzomerfe hhodgsonruss.com Twitter I LinkedIn I website I Bio I e-mail From: Zomerfeld, Henry A. Sent: Friday, July 7, 2023 8:41 AM To: James P. Horan <jhoran@wallacelaw.net> Cc: Kyle McAdam <kyle.mcadam@lightstar.com> Subject: RE: Old Myers Solar, PILOT and additional items Hi, James, Please see attached. Talk Monday. Best, Henry �1u.CJTTut�1 for NuOT rte l clow n uu rte low n p,e ^pe rt W Town (Hornostead 1.5'1 9'.45% $ 255.20 5tdi.3 , County, 2.491 13,.100% $ 8S .07 70,2.1# School 01strict (Horcme'stead) 14.85 77.55% 2,0 3.73 4,1857.47 Fire, Distrilct 0.761 0.00%' Arnbulance 0.11 01.00% Ub'raryr 0.ni 0.100 Total (lion-Spee"coat/ DistiriictTax Rates) � 19'. 150 1001.00 2,700.00 S, 1.00 Total Special I)Btrtuct R,ate;s 1.260W As mentioned, the School District signed off on this allocation. Attached is an email from the District confirming same. The School District PILOT is already fully executed. Attached is revised PILOT changing the notice contact to the Town Receiver of Taxes instead of the Supervisor. Please let us know after the Town reviews these materials. Thanks, Henry Henry A. Zomerfeld I Senior Associate I Hodgson Russ LLP The Guaranty Building 1140 Pearl Street I Buffalo, NY 14202 (0) 716-848-1370 I hzomerfe hhodgsonruss.com Twitter I LinkedIn I website I Bio I e-mail From: Zomerfeld, Henry A. Sent: Friday, July 7, 2023 8:41 AM To: James P. Horan <jhoran@wallacelaw.net> Cc: Kyle McAdam <kyle.mcadam@lightstar.com> Subject: RE: Old Myers Solar, PILOT and additional items Hi, James, Please see attached. Talk Monday. Best, Henry PAYMENT IN LIEU OF TAXES AGREEMENT FOR SOLAR ENERGY SYSTEMS between Wa . in ers Central School District and Old Miers NY LLC Dated as of '2023 RELATING TO THE PREMISES LOCATED AT 189 Myers Comers Road, Wappinger Falls, NY 12590 (S.B.L. No. 6258-03-376432) PAYMENT IN LIEU OF TAXES AGREEMENT FOR SOLAR ENERGY SYSTEMS PURSUANT TO REAL PROPERTY TAX LAW § 487 THIS AGREEMENT FOR PAYMENT IN LIEU OF TAXES FOR REAL PROPERTY, effective as of the date on the cover page, above, by and between Old Myers NY LLC (the "Owner"), a foreign limited liability company organized under the laws of Delaware and which maintains a principal place of business located at 501 Boylston Street, Boston, Massachusetts 02115; and Wappingers Central School District, a school district duly established with a principal place of business at 25 Corporate Park Drive, P.O. Box 396, Hopewell Junction, NY 12533 (the "District"). The District is herein referred to as the "Taxing Jurisdiction." Owner and the Taxing Jurisdiction are collectively referred to in this Agreement as the "Parties" and are individually referred to as a Party. RECITALS WHEREAS, Owner has submitted a Notice of Intent to the Taxing Jurisdiction that it plans to build and operate a "Solar Energy System" as defined in New York Real Property Tax Law ("RPTL") § 487(1)(b) with an expected nameplate capacity ("Capacity") of approximately two (2) Megawatts AC (herein the "Project") on a parcel of land located at 189 Myers Corners Road, Wappinger Falls NY 12590 and identified as S.B.L. # 6258-03-376432, as described in Exhibit A (herein the "Property"); and WHEREAS, the Taxing Jurisdiction have not opted out of RPTL § 487; and WHEREAS, pursuant to RPTL § 487(9)(a), the Taxing Jurisdiction has indicated its intent to require a Payment in Lieu of Taxes ("PILOT") Agreement with the Owner, under which the Owner (or any successor owner of the Project) will be required to make annual payments to the Taxing Jurisdiction for each year during the term of this Agreement; and WHEREAS, the Owner has submitted or will submit to the Assessor responsible for the Taxing Jurisdiction a RP -487 Application for Tax Exemption of Solar or Wind Energy Systems or Farm Waste Energy Systems, demonstrating its eligibility for a real property tax exemption pursuant to RPTL § 487; and WHEREAS, the Parties intend that, during the term of this Agreement, the Project will be placed on exempt portion of the assessment roll and the Owner will not be assessed for any statutory real property taxes for which it might otherwise be subjected under New York law with respect to the Project. NOW THEREFORE, for and in consideration of the mutual covenants hereinafter contained, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby 2 agree as follows: Re resentations of the Parties. (a) The Owner hereby represents, warrants, and covenants that, as of the date of this Agreement: 1. The Owner is duly organized, and a validly existing limited liability company duly authorized to do business in the State of New York, has requisite authority to conduct its business as presently conducted or proposed to be conducted under this Agreement, and has full legal right, power, and authority to execute, deliver, and perform all applicable terms and provisions of this Agreement. 2. All necessary action has been taken to authorize the Owner's execution, delivery, and performance of this Agreement and this Agreement constitutes the Owner's legal, valid, and binding obligation enforceable against it in accordance with its terms. 3. None of the execution or delivery of this Agreement, the performance of the obligations in connection with the transactions contemplated hereby, or the fulfillment of the terms and conditions hereof will (i) conflict with or violate any provision of the Owner's Certificate of Incorporation, Certificate of Formation, bylaws or other organizational documents or of any restriction or any agreement or instrument to which the Owner is a party and by which it is bound; (ii) conflict with, violate, or result in a breach of any applicable law, rule, regulation, or order of any court or other taxing jurisdiction or authority of government or ordinance of the State or any political subdivision thereof, or (iii) conflict with, violate, or result in a breach of or constitute a default under or result in the imposition or creation of any mortgage, pledge, lien, security interest, or other encumbrance under this Agreement or under any term or condition of any mortgage, indenture, or any other agreement or instrument to which it is a party or by which it or any of the Owner's properties or assets are bound. There is no action, suit, or proceeding, at law or in equity, or official investigation before or by any government authority pending or, to its knowledge, threatened against the Owner, wherein an anticipated decision, ruling, or finding would result in a material adverse effect on the Owner's ability to perform its obligations under this Agreement or on the validity or enforceability of this Agreement. (b) The Taxing Jurisdiction hereby represent, warrant, and covenant that, as of the date of this Agreement: 1. The Taxing Jurisdiction is duly organized, validly existing, and in good standing under the laws of the State of New York and have full legal right, power, and authority to execute, deliver, and perform all applicable terms and provisions of this Agreement. 2. All necessary action has been taken to authorize the Taxing Jurisdiction execution, delivery, and performance of this Agreement, and this Agreement constitutes the Taxing Jurisdiction legal, valid, and binding obligation enforceable against it in accordance with its terms. 3. No governmental approval by or with any government authority is required for the valid execution, delivery, and performance under this Agreement by the Taxing Jurisdiction except such as have been duly or will be obtained or made. 4. There is no action, suit, or proceeding, at law or in equity, or official investigation before or by any government authority pending or, to its knowledge, threatened against the Taxing Jurisdiction, wherein an anticipated decision, ruling, or finding would result in a material adverse effect on the Taxing Jurisdiction ability to perform its obligations under this Agreement or on the validity or enforceability of this Agreement. 2. Tax Exem )tion• Payment in Lieu of Real Proer . Taxes. (a) Tax -Exempt Status of the Project Facility. Pursuant to RPTL § 487 the Parties hereto agree that the Project shall be placed by the Taxing Jurisdiction as exempt upon the assessment rolls of the Taxing Jurisdiction. A Real Property Tax Exemption Form (RP 487) has or will be filed with the Assessor for the Town possessing authority to assess and value the Project, and grant such exemption application, and the Project is eligible for exemption pursuant to RPTL § 487(4). (b) Owner agrees to make annual payments to the Taxing Jurisdiction in lieu of real property taxes for the Project for a period of fifteen (15) consecutive fiscal tax years; annual payments may not exceed the amounts that would otherwise be payable but for the RPTL 487 exemption. Such 15 -year term shall commence on the first taxable status date selected by Owner following written notification by the owner that the project is mechanically complete and the production of electricity has commenced (the "Commencement Date"), and shall end the fifteenth fiscal year following the Commercial Operations Date. The first annual payment shall be in the amount of $4,,184.47 (the "Annual Payments"). Thereafter, the Annual Payments will escalate in the amount of two percent (2%) per year. Based on the Capacity of 2 Megawatts AC, Annual Payments to be made by Owner during the term of this Agreement shall be as listed in Exhibit B. Each Annual Payment will be paid to the Taxing Jurisdiction in accordance with Section 5 of this Agreement; and the annual payment amount and payment date will be noted on an annual bill issued by the Taxing Jurisdiction to the Owner, provided that any failure of the Taxing Jurisdiction to issue such a bill shall not relieve Owner of its obligation to make timely payments under this section. (c) Owner agrees that the payments in lieu of taxes under this Agreement will not be reduced on account of a depreciation factor or reduction in the Taxing Jurisdiction tax rate, and the Taxing Jurisdictions agree that the payments in lieu of taxes will not be increased on account of an inflation factor or increase in the Taxing Jurisdiction tax rate, all of which factors have been considered in arriving at the payment amounts reflected in this Agreement. 3. Change in Capaci at Mechanical Completion: Adjustments to Paments. To the extent that the Capacity of the Project is more or less than the 2 Megawatts AC for the Solar Energy System on the date when the Project is mechanically complete and Owner has commenced production of electricity, the payments set forth in Exhibit B will be increased or decreased on a pro rata basis. 2 4. Change in Ca paciE: After Mechanical Completion: Adjustments to Payments. If after the Completion Date the Capacity is increased or decreased as a result of the replacement or upgrade or partial removal or retirement of existing Project equipment or property or the addition of new Project equipment or property, the Annual Payments set forth in Exhibit B shall be increased or decreased on a pro rata basis for the remaining years of the Agreement. 5. Payment Collection. Payments for the Taxing Jurisdiction shall be made payable to the Wappingers Central School District and mailed to the Superintendent, located at 25 Corporate Park Drive, P.O. Box 396, Hopewell Junction, NY 12533, and such payments are due no later than January 15t1 each year, on or after the Commencement Date. All late payments shall accrue interest at the statutory rate for late tax payments under New York Law. Owner shall pay the reasonable attorney fees, court and other costs incurred by the Taxing Jurisdictions in the collection of the unpaid amounts. All payments by the Owner hereunder shall be paid in lawful money of the United States of America. 6. Tax Status. Separate Tax Lot. The Taxing Jurisdiction agree that during the term of this Agreement, the Taxing Jurisdiction will not assess Owner for any real property taxes with respect to the Project to which Owner might otherwise be subject under New York law, and the Taxing Jurisdiction agree that this Agreement will exclusively govern the payments of all such taxes, provided, however, that this Agreement is not intended to affect, and will not preclude the Taxing Jurisdiction from assessing, any other taxes, fees, charges, rates or assessments which the Owner is obligated to pay, including, but not limited to, special assessments or special district assessments, fees, or charges for services provided by the Taxing Jurisdiction to the Project. Nothing in this Agreement shall limit the right of the Owner to challenge the assessment of the Project pursuant to the RPTL. 7. No Assi nments Without Prior Notice Bindin Effect. (a) This Agreement may not be assigned by Owner without the prior written consent of the Taxing Jurisdiction; such consent may not be unreasonably withheld if the Assignee has agreed in writing to accept all obligations of the Owner. The restrictions on assignment contained herein do not prohibit or otherwise limit changes in control of Owner. If Owner assigns this Agreement with the advance written consent of the Taxing Jurisdiction, the Owner shall be released from all obligations under this Agreement upon assumption hereof in writing by the assignee, provided that Owner shall, as a condition of such assignment and to the reasonable satisfaction of the Taxing Jurisdiction, cure any defaults and satisfy all liabilities arising under this Agreement prior to the date of such assignment. A Notice of this Agreement may be recorded by Owner and the Taxing Jurisdiction shall cooperate in the execution of required Assignments with the Owner and its successors. Owner may, with advance written notice to the Taxing Jurisdiction and without prior consent, assign this Agreement to an affiliate of Owner or to any party who has provided or is providing financing to Owner for the construction, operation and/or maintenance of the Project. (b) Binding Effect. This PILOT Agreement shall inure to the benefit of, and shall be binding upon, the Taxing Jurisdiction, the Owner and their respective successors and assigns. 8. Statement of Good Faith. The Parties agree that the payment obligations established by this Agreement have been negotiated in good faith in recognition of and with due consideration of the full and fair taxable value of the Project. 9. Additional Documentation and Actions. Subject to applicable laws and regulations, each Party will, from time to time hereafter, execute and deliver or cause to be executed and delivered, such reasonable additional instruments and documents as the other Party reasonably requests for the purpose of implementing or effectuating the provisions of this Agreement. Owner shall pay all reasonable attorneys' and consulting fees incurred by the Taxing Jurisdictions to review and negotiate any such instruments or documents. 10. Notices. All notices, consents, requests, or other communications provided for or permitted to be given hereunder by a Party must be in writing and will be deemed to have been properly given or served upon the personal delivery thereof, via courier delivery service, by hand, or by certified mail, return receipt requested. Such notices shall be addressed or delivered to the Parties at their respective addresses shown below. If to Owner: Old Myers NY LLC Lightstar Renewables (c/o WeWorks) 501 Boylston Street Boston, MA 02116 With a copy to: Tom Brown, COO Tom. browntLh_htstar. com If to the Taxing Jurisdiction: Wappingers Central School District 25 Corporate Park Drive P.O. Box 396 Hopewell Junction, NY 12533 Attn: Superintendent Any such addresses for the giving of notices may be changed by any Party by giving written notice as provided above to the other Parties. Notice given by counsel to a Parry shall be effective as notice from such Party. 11. Applicable Law. This Agreement will be made and interpreted in accordance with the laws of the State of New York. Owner and the Taxing Jurisdiction each consent to the jurisdiction of the New York courts in and for the County in which the Project is located regarding any and all matters, including interpretation or enforcement of this Agreement or any of its provisions. Accordingly, any litigation arising hereunder shall be brought solely in such courts. 12. Termination Rights of the Owner. Owner may terminate this Agreement at any time by Notice to the Taxing Jurisdiction. Upon receipt of the Notice of Termination, the Project shall be placed on the taxable portion of the tax roll effective on the next taxable status date of the Taxing Jurisdiction. Owner shall be liable for all PILOT payments due in the year of termination, except that if Owner is required to pay any part -year real property taxes, the PILOT payment for that year shall be reduced pro rata so that the Owner is not required to pay both PILOT payments and real property taxes for any period of time. 13. Termination Rights of Taxing Jurisdiction. Notwithstanding anything to the contrary in this Agreement, the Taxing Jurisdiction may terminate this Agreement on thirty (30) days written notice to Owner if: a. Owner fails to make timely payments required under this Agreement, unless such payment is received by the Taxing Jurisdiction within the 30 -day notice period with interest as stated in this Agreement b. Owner has filed, or has had filed against it, a petition in Bankruptcy, or is otherwise insolvent; 14. Remedies; Waiver And Notice. (A) No Remedy Exclusive. No remedy herein conferred upon or reserved to Party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. (B) Delay. No delay or omission in exercising any right or power accruing upon the occurrence of any breach of an obligation hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. (C) No Waiver. In the event any provision contained in this Agreement should be breached by any party and thereafter duly waived by the other party so empowered to act, such waiver shall be limited to the particular breach so waived and shall not be deemed to be a waiver of any other breach hereunder. No waiver, amendment, release or modification of this Agreement shall be established by conduct, custom or course of dealing. 15. Entire Agreement. The Parties agree that this is the entire, fully integrated Agreement between them with respect to payments in lieu of taxes for the Project. 16. Amendments, This Agreement may not be effectively amended, changed, modified, altered or terminated except by an instrument in writing executed by the parties hereto. 7 17. No Third PartLi Beneficiaries. The Parties state that there are no third -party beneficiaries to this Agreement. 18. Severability. If any article, section, subdivision, paragraph, sentence, clause, phrase, provision or portion of this Agreement shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction, such article, section, subdivision, paragraph, sentence, clause, phrase, provision or portion so adjudged invalid, illegal or unenforceable shall be deemed separate, distinct and independent and the remainder of this Agreement shall be and remain in full force and effect and shall not be invalidated or rendered illegal or unenforceable or otherwise affected by such holding or adjudication. 19. Counterparts. This Agreement may be simultaneously executed in several counterparts, by original or electronic signature, scanned, emailed, faxed, or in hard copy, each of which shall be an original and all of which shall constitute but one and the same instrument. Executed by the undersigned as of the day and year first written above, each of whom represents that it is fully and duly authorized to act on behalf of and bind its principals. Wappin ers Central School District Dr. Dwigh onk Superintendent Date Old Myers NY LLC Tom Brown Chief Operating, Officer Title Date EXHIBIT A Description of Land 10 C C 0 E o. N 0 C 0 W ti N CD N U) W C (1) E 0 -j (L -6 0 V 0 w W F r_ E IL N 0 11 EXHIBIT B * Payments based on a system with a capacity of 2 Megawatts AC Year Payment 1 $4,187.47 2 $4,271.22 3 $4,356.64 .........� 4 ............ ....................... �...............-- $4,443.77 5 $4,532.65 6 $4,623.30 7 $4,715.77 8 $4,810.08 9 $4,906.29 10 $5,004.41 11 $5,104.50 12 $5,206.59 13 $5,310.72 14 $5,416.94 15 $5,525.27 12 Town of Wappinger Meeting: 08/21/23 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Adoption Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2023-91 DOC ID: 5985 Resolution Adopting Local Law No. 3 Of The Year 2023 Entitled "Amending Chapter 122 Of The Code Of The Town Of Wappinger To Update Fees And Fines." WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "Amending Chapter 122 of the Code of the Town of Wappinger to Update Fees and Fines." for consideration by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, the Town Board determined that the proposed action does not affect the environment and is not subject to SEQRA; and WHEREAS, a Public Hearing was held on July 24, 2023, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, be it resolved, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "Amending Chapter 122 of the Code of the Town of Wappinger to Update Fees and Fines.", as Local Law of 2023 a copy of which is attached hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law and the Zoning Map of the Town shall be amended to reflect the change; and BE IT FURTHER RESOLVED, that this Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. HISTORY: 07/24/23 Town Board TABLED Next: 08/21/23 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 7/20/2023 2:18 PM by Joseph P. Paoloni Page 1 LOCAL LAW NO. 3 OF THE YEAR 2023 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section L• Title. This Local Law shall be known and cited as Town of Wappinger Local Law No. 3 of the Year 2023 entitled "Amending Chapter 122 of the Code of the Town of Wappinger to Update Fees and Fines." This Local Law hereby revises the Schedule of Fees found at Articles IV of Chapter 122 of the Code of the Town of Wappinger and the Schedule of Fines found at Article V of Chapter 122 of the Code of the Town of Wappinger. Section IL• Amendments to Schedule of Fees found in Article IV of Chapter 122 The provisions of Article IV of Chapter 122 of the Town Code of the Town of Wappinger are hereby amended to read as follows: Article IV Schedule of Fees § 122-16 Fee Schedule. The fee schedule shall be as follows: A. Chapter 1, General Provisions. (1) § 1-9, sale of the Code Book: $125. B. Chapter 50, Records. (1) § 50-7A, Copies: (a) For paper records up to nine inches by 14 inches: [1] Twenty-five cents; or [2] The amount authorized by Public Officers Law § 87(1)(b)(iii), whichever is greater. (b) For paper records in excess of nine inches by 14 inches and records not in a paper medium [1] Twenty-five cents; or [2] The actual cost of reproducing the record, in accordance with Public Officers Law § 87(1)(c), whichever is greater. (2) § 50-7 B, Certification of Records: (a) To prepare and certify a copy of any record or paper on file: $1.25 per page, with a minimum fee of $10. (b) To certify a prepared copy of any record or paper on file: $1 per page, with a minimum fee of $10. C, Cha][,)ter 68, F)og Control 1,aw (n § 68A, Licemw Iles My Dogs� (a) lOwn We for a license for a spayed or netnered dog: $6,00 per license year; (b) Town 1'�ce for a H came Rw an un qp-ayed or unn euto-ed dog: $13 TO per license year; (c) In The event flie'Town Board trandates a dog cersus, an additiorml Re of" $510 WH be assessed U) Al dog owners, whose dogs, are foi.ind to be t.vdicensed atthe We Me dog enwiuiadon is condumd; this We is 41 addition u) Me licerse RTs set 1`541 above, (2) § 68 12(13) Mxienq,)-cion Iles� (.b) For first occasi onu $60,00; (b) For second occasion within live years: 111100,00; (c) For third and si..ubseqi..uent occasion(s) within five years� $'200,00; (d) In addition to the above redomption Wes, The redeetring party WH Aso pay aH costs Nurred MY kervwling, inipoundment and veterinary care inch.xiing such itenis as required shots, (3) § 68 14(A) Adoption: $5000" D. Chapter 71, Assemblies, Mass Public. (1) §§ 714B and 71-9, permit application fee: $35 per day. E. Chapter 80, Blasting. (1) § 80-8J, blasting permit application fee: $500. (2) § 80-11D, inspection fee for blasting: $50 per blast. (3) Wastirig ]r,)enidts for (Jt' carry $' 11,000 ]r')er Year, E.1. Chapter 85, Building Code Administration. (1) § 85-12, vacating of stop -work order: (a) I�esideroial- $'250, I (b) Coimi�ercial- $'500 first of'ferise, jb'11,000 secorld off� rlse wifldrl five Years, (2) § 85-18 Building Permit Fees (a) Construction: [1] Residential: [a] New construction and additions: permit application fee of $150 plus: [i] One- and two-family homes, and modular dwelling: $0.75 per square foot of living space. ji � Mari t'� fiicttn-ed hoii�es- $'0,50 ]r,)er sql.�are foot of fivirig sq')ace' I jii � ("arports/garages, footage of grot'vid floor only for two- story garages)- $'0,50 ]r,)er sqtare foot, [iv] Porches/Decks: _A foot, I)orclles or decks, which are ericlosed wifli heat iiay be corisidered to be fivi rig sq.)ace say b.ject to flee a]r.)]r.)ficabIe charge for fivirig sq')ace' [B] Open deck: $0.25 per square foot, or the minimum fee of $100, whichever is greater. [v] One-story non -habitable accessory building without utilities (except garages): [A] Not greater than 72 square feet of floor area: $50. [B] Greater than 72 square feet and not greater than 200 square feet of floor area: $100. [C] Greater than 200 square feet of floor area: $100 plus $0.40 per square foot. U_ ri _j 7E U 0 _j 0 Q N co W W [vi] Other new construction: [A] Pools. $ 11 } ,fib veggro.u. id $'1175, {2} In -ground pool: $250. _13 � Hott,gb- �$' 11 ` 0, i ri g a ati ori $' 11 0 [b] Renovations: [i] One-half of "new construction and additions" costs in Subsection N(6)(a)[1][a] above. [2] Commercial, including, among other things, apartment buildings and multifamily homes, except two-family homes, which are addressed in "residential," above. [a] New construction: permit application of $250 plus $11,50 ]r,) r s(It, are foot t u][,) to and i ricli.uxii rig 5,000 sgta are feet, �$' 11,00 ]r,) ;r 4 mtare foot over [b] Renovations: [i] One-half of new construction costs in Subsection N(6)(a)[2][a] above. (b) Demolition: $100 minimum fee up to 2,000 square feet, plus $0.10 per square foot over 2,000 square feet. (c) Alterations and structural repairs (Building Department has discretion to determine whether an applicant's project is an alteration, a structural repair or a renovation.): $50 per inspection/visit; Building Department will estimate number of visits based on the nature of the permit. (d) Certificate of occupancy (includes new C/O and a C/O for change in use or for change in occupant): $250. (e) Other building permit fees: [1] Fireplace/stove/chimney: $150. [2] Replacement of furnace/boiler (includes hot water/heat/plumbing alterations and central air conditioning systems): $150. [31 Idemical upgrades, (inchxies, change aur elecKcal service, any extensions, of elecidc racilhies, adding new outlets/sw1whes/Wresh Residerahl $50, Coniniercial $250, T'ent (wiporary pernihJbr erecdon on coininercial site)� $'250, [5] Compliance fee for structure or use for which no permit or C/O was obtained: a I Resideroial � $'250, plus cost or building pemAt ror muctureMe JjConiniercial: $500, plus costorbuildingpoThtror muctureMe jyj Reiny"c-don We roy prior noncornpliance Obird and subseqmmt KEY $ 100 per vish, [8] Outdoor seating fee per year: $150 for the first six seats or portion thereof, plus $25 for each additional seat. (t.q.) to 116 seats, n ax ho um), [9] Portable storage unit: $100. [10] Standby generator: $150. [11] Inspections outside business hours: $250. [12] Amend building permit: $50. 131 T'ank re oval � a ResidentiaL $'1150, �[b I Coniniercial: $250, [1141Taur k installmion above grot.in& aI ResideroiaL $'1150, �[b I Coniniercial: $250, 115 1 Bt,dlding I)erinit Renewal [al Base Perynit Fee plus 1011 ofestitnated pr(:.jectcost for rh-strenewal, bI Base I)erinit Fee plus 2551 and estitnated pr(:.jectcost for second renewal, Il a. Base Pernk Fee plus 5051 and estitnated pr(:. jectcgust for fldrd renewal, [1161 L",lectrical vehicle charging stadon on con"vercial propeny: $250 My first charWng stadon plus $50 ror each MUIR& charging station, [ 171 In stall ad on or Replacenient or (76 1 War on L",xistingTower $'500, [ 118 L",n gi n eeri n g R e v i ew Fee $'3 00 (f) Uniform Solar Permit Application lie: $150. ResideroiaL $'250, �[b I Coniniercial: $500, (g) Commercial roof truss assembly inspection. $50. (2) C/O and/or municipal violation search. 111 ResiderMl nn..viicipal search� $'250, [b� Coininercial nn..v6ci]r.)al search� j $'325 Single Occupancy i..q.) to 5,000 sqi�are feet, Y 1 $500 Single Occupancy over 5,000 sqi.�are fiet, jii � More flian one occupancy- base fie plus $ 100 per occupant, [ctJ]rxiate nn..viicipal search (after 30 days new sew -ch fict) D I ResiderNal search update $50, 101 Coniniercial search update $100, (3) 0][,)erat4ng Perinit Fees, Annual fee My opm-ating PemAts ror anns asseinbly and nonresidential reql�,drirug o]r,)era-6ng ]r')ennits� 11 to 999 sql,�are feet $100 11,000 to 2,999 sqi,�are feet $150 3,000 to 5,999 sqa,uare feet $250 6,000 to 1111,999 sqi,�arel feet $300 112,000 to 24,000 sqi�,are feet $500 Above 24,000 sqi�are feet $500 plus $25 flor eacli 11,( 00 sqi.,are feet above 24,000, Coininon Area of Bia,dlding $175 [b� Mi.flti][.fle dwelfings� jj I Tbree to 10 unity $20014 er year, ji � L",leven to 50 i,viits� $'275 14er year, More fliari 50 t,viits- $-350 ]r,)er year, jv� c Alarii� for riom-esideritial occt.q.)aricies- $'1150 ]r,)er year, -d lrlsq,)ectiorl ofhosq,)itals, rit'n-sirig lloii�es arid heahli-care fcwifities- $'250, -e S]r')eCial everits, (r,)er occtn-rerlce), ot,o,door asseii�bfies, ot,o,door sales, cofml�ercial terits, arld ii�eii�brarie strtwttn-es, canlivals, arld coricerts, etc,- $'250 each, -1] 1`irewor.ti. sales- �l-i � A]r.)]r.)ficati(:)ri fee- $'250, -ifl Nsq.)ectiori fee- $'250, � 1`i re ][,)rotectiorl �l-i � S]r,)rirMers, and fire systelm"- $-300 for each riew irlstallatiorl, (Note A bt,61(firig will also be reqt,6red) Reflovatiorls, or fmxfificatiorls to existirig systeiw,,- $'250, (Note- A bt,61(firig ]r.)enidt will also be reqt,6red) (4) §85-113 (7harige of Nori -Resideritial Occl..q.)arlt $'250, E.2. Chapter 99, Collateral Loan Broker. (1) § 994B, application fee: $250. F. Chapter 133, Flood Damage Prevention. (1) § 133-11B, floodplain development permit fee: $150. (2) § 133-11B, escrow fund: $250 or a greater amount as determined by the Zoning Administrator. F.1. Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection. (1) § 137-10B (4), escrow fund: $1,000. (2) § 137-7B (6), freshwater wetland, waterbody and watercourse protection permit fee $150. (3) Inspection outside of business hours: $250. ii LL fC 7E U 0 -j 0 N Q N CO W W G. Chapter 143, Garage and Yard Sales. (1) § 1434K, garage/yard sale permit: no fee. H. Chapter 153, Junkyards. (1) § 153-5A, license fee: $200 per year. (2) § 153-5A, subsequent inspections for failure to comply: $50 per inspection. H.1. Chapter 166, Noise. (1) § 166-13B (6), special waiver application fee: $500. L Chapter 175, Peddling and Soliciting. (1) § 175-7B and 175-9A, application/license fee: $200 per year, plus $50 for each addition to the original license per year. (2) § 175-9B, weekend -only permit: $35. (3) § 175-10B, replacement fee for lost or stolen license: $25. Ll. Chapter 192, Service Pipes, Sewer and Water. (]]( § I92 2 , ]r,)enidt for i ristallirig lateral water li ries- $'250, (2( § I92 2 , ]r,)enidt for i ristallirig lateral sewer li ries- $'250, J. Chapter 206, Soil Erosion and Sediment Control. (1) § 206-17, grading permit and inspection fees: (a) For projects less than one acre: $250. (b) For projects of one to five acres: $750. (c) For projects exceeding five acres: $1,000. (2) § 206-17, inspection fees: (a) For projects of three acres or less: $100. (b) For projects exceeding three acres, use the formula: 20 (slope) X 5 (total area in acres) or 20 M X 5A. K. Chapter 214, Streets and Sidewalks. (1) § 214-7, permit fee for excavating in or under highway: $50. m ii 0 m m LL ri 3 J 7E U 0 J a1 Q 0 Q a� M N O N U) W W (2) § 214-18, driveway permit fee: $150. L. Chapter 217, Subdivision of Land. (1) Subdivision application fee: $1,500, plus $250 per lot. (2) Lot line realignment application fee: $500. (3) Lot consolidation application fee: $500. (4) Recreation fee: (a) For one to nine lots: $5,000 per lot. (b) For 10 or more lots, the Planning Board shall determine whether to require the reservation of land, or payment of $5,000 per lot. M. Chapter 234, Water. (11) § 234 44111, ]r,)enidt 1'�e to streets, larles, etc'to irlsaall ii�airis, services, etc,- $'1150 0 (2) § 234-45, fee for turning water on and/or off at owner's request: $50 per request. N. Chapter 240, Zoning. (11) § 241:1 , 111(l)(e), a.ra.hidea.;ttval dees- (b) 11_?4ma.row ft,vids- No escrow for iidrio , $'2,000 1`or MaJor, (]1, ]1) § 241:1 48, ori ew sq.)ea i al (a) $' 11,000 ]r')er resideroial wi llot, a site (b) $11,500 coimi�ercial wifli site (C) aflf erlded sq,)ea ial a�se fee- $'`00 for re4:mlderoial $'750 for coimi�ercial (1.2) § 240-27.1, permit fee for temporary sales trailer or construction trailer: $250. (2) § 241:1 9, ]r,)enidt 6'1 e for tel1q,)orary ot,o,door t,,s ; arld/or sales, (i ria.;hxfirig sig ori): $'250 (3) § 240-84, site plan fees: (a) Site plan application fee: $1,500, plus $250 per 1,000 square feet of gross floor area of the building, plus $20 per parking space. a� LL m m LL ri 3 J 7E U 0 J a1 Q 0 Q a� M N O N U) W W (b) Amended site plan application fee: $750, plus $250 per 1,000 square feet of gross floor area, plus $20 per parking space. (c) Recreation fee: $5,000 per dwelling unit on the original site plan containing residential units. (Note: Such fee shall be payable by the applicant only upon the granting by the Planning Board of site plan approval and a finding by the Planning Board that the granting of the application will create a need for additional parkland in the Town and that a suitable park or parks cannot be located on the site.) (4) ("oria.c.q.)-u.W review (sab iv4siori, site sq') ;a.ial ]r.)en1dt)- (5) § 240-107, fees for applications to Zoning Board of Appeals: (a) (Resident) Area/use variance fee: $375 per application. (Note: Applicant also is responsible for payment to third parties of associated fees and costs, including, e.g., publishing of public notice.) (b) (�.�`oimi� .era.°4al) Area).�se va.r4arlce fee- �$' 11,000 ]r.)er also is resq,)orisible 4'or ][,)ayii�erltto fldrd ][')a a.4es of associated fees' 4fia.°h'xi4rigg, e ]4�)i..His1drig; rioti.e,) (c) Interpretations. [1] Residential interpretation fee: $150. (6) § 240-108, building permit fees: See Chapter 85. (7) § 240-110, Escrow funds: (a) For subdivision application review, the applicant shall deposit and maintain a sum calculated as follows: Number of Lots Amount 3 to ]] 0 ]] 0,000 11 to 35 $22,500 More than 35 $52,500 (b) For site plan application, special use permit application, and rezoning application review, the applicant shall deposit and maintain a sum calculated as follows: Square Footage Amount 0 to 3,000 $`x,000 3 100 11 to 20,000 110,000 20,001 to 50,000 $22,500 Greater than 50,000 $52,500 (C) ga'or 11drio (grlCh'xges, office e o sttxfio t' 4ses i rl a residerice; llofl�e arc t' �)aaiorls, grivolvgri g orl-4ite a:lierlts Visitors, Ct'usmt:�IIWI SI OT )atrorls; ga:tfirle C ges, arld larld trarlsfers, Which re saflt girl Cord"on1drig lots arld which irivolve gess, fliarl 110% of the, lot area of each i.rivovedlot; arld 4ma.�. divi4miori4m iri which rio riew bi..ufldirig lots are a.rea:a:ed), flie iCarl :a:shall deq')o4,mgtarld 11��.airltairl a sanl� a:<blctflad.ed as doflows- $'2,5 00, (d) For variance application review, the applicant shall deposit and maintain a sum determined by the Zoning Board of Appeals. (e) For construction inspection for a subdivision or site development plan involving a performance bond, the applicant shall deposit and maintain a sum equal to 3% of the construction costs as estimated by the Town Engineer. [1] In addition, for post approval construction review for a subdivision or site development plan involving a performance bond, the applicant shall deposit and maintain a separate sum calculated as follows: For Subdivisions No of Lots For Site Plans Square Footage Amount 11 to 35 20,001 to 50,000 $16,875 More than 35 Greater than 50,000 $26,250 [2] Notwithstanding the above, the Building Inspector, in consultation with the Town Engineer, Town Attorney and/or Town Planner, may modify or waive the post approval review escrow deposit above, based upon the amount of post approval review costs, if any, the Town is expected to incur in connection with a specific project. However, a full or partial escrow deposit may be required at any time by the Building Inspector depending upon the actual need for professional post approval review services. (f) Post approval review not involving a performance bond. [1] For post approval review and construction inspection for a subdivision or site development plan not involving a performance bond, the applicant shall deposit and maintain a sum calculated as follows: For Subdivisions No of Lots For Site Plans Square Footage Amount 0 to 2 0 to 3,000 $6,000 3 to 110 ' 10011 to 20,000 �$' 110,000 11 to 35 20,001 to 50,000 $16,875 More than 35 Greater than 50,000 $26,250 [2] Notwithstanding the above, the Building Inspector, in consultation with the Town Engineer, Town Attorney and/or Town Planner, may modify or waive the post approval review and construction inspection escrow deposit above, based upon the amount of post approval review and construction inspection costs, if any, the Town is expected to incur in connection with a specific project. However, a full or partial escrow deposit may be required at any time by the Building Inspector depending upon the actual need for professional post approval review or construction inspection services. (g) For grading permit inspections, the applicant shall deposit and maintain the following sums: [1] For projects less than one acre: $250. [2] For projects of one to five acres: $750. [3] For projects exceeding five acres: $2,500. (8) § 240-112A (2), application/petition fee for rezoning: $1,000. (9) § 240-53, accessory apartments: (a) § 240-53D (5), application review fee: $750 per application. (b) § 240-53F, nonfamilial renewal inspection fee: $150 per year. (10) § 240-29(1) Sign permit application fee (for the construction of a new sign or the alteration of an existing sign): $3.50 per square foot. (Note: Construction of a new sign will also require a building permit and payment of the associated fee.) O. Miscellaneous fees. (1) Garbage tickets: (a) For seniors (60 and over): $2 per ticket. (b) For all others: $4 per ticket. (2) Returned check fee: $20. (3) Plans and specs (refers to plans and specs to be obtained from the Town of Wappinger by bidders for Town projects): $50 to $100. (4) Agricultural burning permits: $150. § 122-17 Periodic review. The Town Board may periodically review the fee schedule set forth in this article and may, by local law, after a public hearing for which notice shall be given 10 days prior, amend the fees set forth herein. Section III: Amendments to Schedule of Fines found in Article V of Chapter 122 Chapter 122, Article V §122-20(B) of the Town Code of the Town of Wappinger is hereby amended to read as follows: "1�1 1�`g a][,)�a.e g , 13t,u dirigg Code Adiidrii4mtra:aiorl. (1( § 85-114A (1(, 64rie- (a) Miriiim�niu .: $'250, (b) Max:iimii - $'2,000, (2( § 85-114 (), firie- (a) Miriiim�niu .: $600, (b) Max:iimii - $4,000, (3) § 85-114/' (3), 64rie- (a) M4rlifml� - $' 11,000, (b) Max:iimii - $'8,000," a� i� m m U- ri 3 J 7E U 0 J a� Q 0 Q a� M N O N CO W W Chapter 122, Article V §122-20(D) of the Town Code of the Town of Wappinger is hereby amended to read as follows: "D, 68, Dog (.7oiritrol Law (11) § 68-112(A) Firie- Miriiim.ni�- $60, Maxiim�ni�- $'250, (2) § 68-112(B) Civil Perialty- (a) Firstoffrlse- l Mirlifm.nl�- $41100, �I-2� f✓1 ax iimu ni- $-300, (b) Secorid and sabseqtero, of'ferises- Miriiim.ni�- $'200, �I-2� f✓1 ax iimu ni- $'600," Chapter 122, Article V §122-20(GG) of the Town Code of the Town of Wappinger is hereby amended to read as follows: "GG, Cha][,)ter 241), Zoriirlg, (11) § 241) 106.1((,"), firie- (a) First off� rlse- �1-2� Maxiimi- $'2,000, (b) Secorid offerise- �1-2� Maxiimi- $4,000, (c) U- W U- ri -j 7E u 0 -j O 0 04 Q 04 Ch W W Section IV. 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 the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any 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 V. Severability. The invalidity of any word, section, clause, paragraph, sentence, part or provision of this Local Law shall not affect the validity of any other part of this Local Law, which can be given effect without such part or parts. Section VI. Effective Date. This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-102 Meeting: 08/21/23 07:00 PM Department: Town Clerk Category: Procedures Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 6000 Resolution Authorizing Amnesty From Increased Fee For Expired Building Permits WHEREAS, the Town of Wappinger has enacted a Local Law which increases certain Fees and Fines, including a new fee structure for renewing expired building permits; and WHEREAS, the Town Board has determined that it is in the best interest of the Town to enact an amnesty from the new fee structure, to encourage property owners to renew their expired building permits and obtain the necessary inspections required by the Uniform Code; NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby enacts an amnesty from the new fee schedule for the renewal of expired building permits that qualify under the following conditions: 1. The building permit was issued on or before August 21, 2022, and is expired, 2. Work has been commenced under the building permit, 3. Application to renew the building permit shall be made on or before November 1, 2023, the building permit renewal fee in effect on August 21, 2023, shall be paid, 4. All work shall comply with the NYS Uniform Code and shall be subject to inspection by the Town of Wappinger Building Department in accordance with Chapter 85 of the Town of Wappinger Code, 5. All work shall be completed and satisfactorily inspected on or before December 31, 2023, 6. Any expired permits that do not meet these conditions shall be required to pay the new fee. BE IT FURTHER RESOLVED, that the building department is direct to send notice of this amnesty to the property owners currently having expired building permits; and BE IT FURTHER RESOLVED, that a copy of this resolution be posted on the Town's website and social media sites. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 8/21/2023 6:14 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-105 Meeting: 08/21/23 07:00 PM Department: Town Clerk Category: Budget Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 5998 Resolution Authorizing Retroactive Pay For Deputy Court Clerk WHEREAS, at the meeting of the Town of Wappinger Town Board held on July 24, 2023, Emily Foss was promoted from the position of Clerk to the Justice to fill the vacancy in the position of Deputy Court Clerk; and WHEREAS, her compensation was set at the rate of $26.91 per hour in accordance with the terms of the CBA and as established in the 2023 budget; and WHEREAS, via an oversight, the appointment was to be effective as of June 26, 2023; now therefore: BE IT RESOLVED, that the Town Board, with the consent of the Town Justices, appoints Emily Foss to the position of Deputy Court Clerk with her compensation at the rate of $26.91 per hour in accordance with the terms of the CBA and as established in the 2023 budget; and BE IT FURTHER RESOLVED, that the above appointment is retroactive to June 26, 2023. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 8/17/2023 10:33 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-108 Meeting: 08/21/23 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 5994 Resolution Approving SAS Electrical Inspection As An Approved Electrical Inspector For The Town Of Wappinger WHEREAS, Chapter 114 of the Town Code of the Town of Wappinger requires all electrical installations to be in conformity with the National Electrical Code and the New York State Uniform Code; and WHEREAS, Section 114-4 permits the Town Board to authorize and approve qualified electrical inspection agencies to make inspections, re -inspections, and to approve or disapprove any electrical installations within the Town of Wappinger to insure compliance with the National Electrical Code and the New York State Uniform Code; and and WHEREAS, Yuri Badovich is a certified electrical inspector in the State of New York; WHEREAS, Yuri Badovich is the sole member of SAS Electrical Inspection, and WHEREAS, Yuri Badovich, in his capacity as sole member of SAS Electrical Inspection, with an address at PO Box 119, Greenfield Park New York, 12435, has requested to be an approved electrical inspection agency for the Town of Wappinger; and WHEREAS, Susan Dao, Code Enforcement Officer for the Town of Wappinger has reviewed the qualifications of Yuri Badovich in his capacity as sole member of SAS Electrical Inspection, to act as electrical inspector for the Town of Wappinger and said Susan Dao has determined that the aforesaid organization meets all criteria required by the National Electrical Code to qualify as electrical inspection agency; and WHEREAS, Susan Dao, Code Enforcement Officer for the Town of Wappinger, has recommended that Yuri Badovich, sole member of SAS Electrical Inspection, be approved to provide professional ministerial electrical inspection services for all electrical installations within the Town of Wappinger to assure compliance with the National Electrical Code and the New York State Uniform Code. 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. SAS Electrical Inspection, through its sole member Yuri Badovich is hereby approved to be a qualified electrical inspector for the Town of Wappinger and is authorized to provide ministerial electrical inspection services for all electrical installations within the Town of Wappinger to ensure compliance with the National Electrical Code and the New York State Uniform Code. SAS Electrical Inspection is further appointed as an agent of the Town of Wappinger to make electrical inspections and any necessary re -inspections of all Updated: 8/17/2023 10:16 AM by Joseph P. Paoloni Page 1 Resolution 2023-108 Meeting of August 21, 2023 electrical installations made in the Town of Wappinger, in accordance with Chapter 114 of the Code of the Town of Wappinger. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 8/17/2023 10:16 AM by Joseph P. Paoloni Page 2 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-109 Meeting: 08/21/23 07:00 PM Department: Town Clerk Category: Budget Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 5999 Resolution Establishing Petty Cash Fund For The Code Enforcement Department WHEREAS, pursuant to Town Law §64 (1-a), the Town Board is authorized to establish petty cash funds for any Town officer, head of a department or office in the Town, for payment, in advance of audit, of a properly itemized or certified bill for materials, supplies or services furnished to the Town for the conduct of its affairs and upon such terms as set forth in Town Law § 64 (1-a); now, therefore BE IT RESOLVED, that the Town Code Enforcement Department is hereby authorized and directed to establish a petty cash fund, in a sum not to exceed Two Hundred Dollars ($200.00) for such petty cash fund; and BE IT FURTHER RESOLVED, that all such disbursements made from petty cash funds and the audit of such funds shall be made in accordance with the express provisions, terms and conditions of Town Law § 64 (1-a). RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 8/17/2023 10:37 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2023-110 Meeting: 08/21/23 07:00 PM Department: Town Clerk Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 5993 Resolution Creating Climate Smart Communities Task Force And Climate Smart Communities Coordinator WHEREAS the Town of Wappinger took the Climate Smart Communities Pledge in 2015, and WHEREAS Dutchess County Government is registered and encourages all its municipalities to participate in the CSC program, and WHEREAS the Town of Wappinger completed the CSC Assessment in 2021 which revealed that the Town has an estimated: 78 points of completed actions; • 41 points of in -progress action, some of which may have been completed since the assessment; • 10 points of recommended action, and WHEREAS being designated a CSC Community is a key factor when being considered for various New York grant programs, and WHEREAS climate change poses a real and increasing threat to local and global environments, and WHEREAS the Town of Wappinger should continue to prepare for, and build resiliency for the impacts of climate change, regardless of the cause, and WHEREAS the next steps to participate in the CSC program are to establish a Climate Smart Communities Task Force and a CSC Coordinator, and WHEREAS the CSC Coordinator shall serve as the point person for the CSC Task Force, serve as the CSC Task Force's liaison to the Town's governing body, lead Task Force meetings, and have a commitment to local climate action, WHEREAS the CSC Task Force members will assist the CSC Coordinator in completing and documenting climate mitigation and adaptation measures. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger establishes the CSC Task Force and names Dr. Richard L. Thurston as the Climate Smart Communities Coordinator. RESULT: TABLED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Next: 9/14/2023 7:00 PM Updated: 8/17/2023 9:50 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-111 Correspondence Log Resolution Accepting the Correspondence Log. Meeting: 08/21/23 07:00 PM Department: Town Clerk Category: Correspondence Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Town Clerk Joseph P. Paoloni DOC ID: 5995 F -Correspondence Log - 2 23--21 SECONDER: Number T4 From Date ante Re c' I Re: Agenda [tete 88-2.1-881 Town Board Mackey Butts &Whalen, LLP 81412823 81712.823 Tri-Murkal Sewer Gommissbn 812°112.823 88-21-882 Town Board Barbara Roberti 81812823 81812823 PehrmancelMaintenance Bonds 812112823 88-21-883 Town Board Stenger,, aiarnond & Glass, LLP 81812823 81912823 Cedar Hill H6 hts 812°112823 88-21-884 Town Board Zonkig Board of Appeals 8114/2823 81141282312 Fox Hill Road 812°112823 wn Board Carl S. Wolfson 811812823 811812823 Town Justice Monthl Re ort Jul 2823 812°112823 W wn Board Heather L. Kitchen 811112823 811812823 Town Justice Monthl Re ort Jul 2823 812112.823 rn Board Lee Anne Freno 811112823 811712.823 Jul 2823 RealtyTax Report 812°112.823 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: Angela Bettina, Councilwoman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 8/17/2023 11:36 AM by Joseph P. Paoloni Page 1 A r r M N O N Cn W w It - CV CV 00 O M N O N O E V m Q 4a N N N N N N N M 4 0 O O O 0 0 p N N N T N N N N 1 N N N N N N r N = O0 00 00 co w a0 co CD a m (Y) QQ N N _0 p C ^7 G Q Q 0 G1 E p U C: N p'' N � U c >, V x o ro a o o 00 U U U� Q ' O d C D C NO N �� 3 3?, �dUr�l0—mss ® N v m N m N m N m N m N m N m N 0 0 0 0 0 0 0 N P- N w N 83 N 4 N - N N - �- CO 00 00 00 OmCnMm 1 N N N N Cf) N C)(Y) N N mrd O 0 0 0 0 0 0 0 N N N N N N N 00 ♦V ❑ 0000 00 �-o t 1 00 00 OD 00 W J Mn O C � N N O C CL CL pVp/, 06 C N O E O O U ® O 0 m�-Jtm p 11 � CQ c Q U 4 'c i cD Q7 �mfnNU2� mmmmmmm 0 r N M IT LO CD l- 0 0 0 0 0 0 CD E Q O C7 Q 0 Q C] Z N N N N CV CV CV 00 w 00 00 w 00 w O O O O O O Ca A r r M N O N Cn W w It - CV CV 00 O M N O N O E V m Q , 01D\ MACKEY 9r® Pecelved BUTTS & C6 � a� Alf G 0 7 2 WHALEN TO\Nnf \Nape qp eC LLP -Tows clerk August 4, 2023 ATTORNEYS AT LAIN Robert R. Butts Town of Poughkeepsie Town Board Robert B. Dietz 1 Overocker Road Joshua E. Mackey Ian S. MacDonald Poughkeepsie, NY 12603 Cara A. Whalen Village of Wappingers Falls Board of Trustees Christina A.Mazzarella 2582 South Avenue Pedro Medina, Jr uta M. Ward. Wappingers Falls, NY 12590 EmilyAbrahams Town of Wappinger Town Board .Tyrone Brown 20 Middlebush Road Roderick J. MacLeod R. Keith Salisbury Wappingers Falls, NY 12590 Reply to: ❑ 3208 Franklin Avenue Millbrook, NY 12545 P 845.677.6700 F 845.677.2202 319 Mill Street Poughkeepsie, NY 12601 P 845.452.4000 F 845.454.4966 p 81 Main Street P.O. Box 308 Sharon, CT 06069 P 860.364.6232 F 860.364.6429 www. mbwlawyers.com Re: Tri -Municipal Sewer Commission Sludge Digestion Improvement Project Our File No. 3 57 1. 0000 Dear Board Members: As you know, the Tri -Municipal Sewer Commission ("the Commission") is in the process of awarding a contract for the Sludge Digestion Improvement Project. Bids were opened on June 22nd. The lowest bid, however, came in at $1,340,940, which is higher than the original estimated construction cost of the Project of $1,194,819. The original estimated total cost of the Project, including administration costs, was $1,352,679. The Commission's engineer has provided a revised Map, Plan and Report with new estimates of the total cost of the Project of $1,642,818, which includes administrative costs of $151,878. The additional. total estimated cost of $290,136 will require the Town of Poughkeepsie to finance an additional $41,808, the Village of Wappingers to finance an additional $104,565, and the United Wappinger Sewer District to finance an additional $143,763 over what each municipality initially approved for financing. These figures are based on each municipality's percentage allocation for capital costs. Before the Commission can award the contract for the Project it needs to receive the documentation from each municipal board showing it has authorized a1 O J a) U O O O Q L L O U N O N U) W the additional financing. As of the date of this letter, the Commission has not received such documentation from any of the municipalities. With the consent of the contractor, the lowest bid has been extended to August 21St. If the municipalities do not provide such documentation before August 21St, the Commission may be required to re -bid the Project. All documentation should be submitted to Karen P. McLaughlin, Administrator at the Commission. Sincerely, rx e ruRv RT TTTq & WHALEN. LLP /TSM Cc: Jay Baisley, Chairman of the Tri -Municipal Sewer Commission It - N CO O M N O N E V M Q 3I0% 1 sm . 00D=0 PT WN OF WAPPINGER ]Director of Strategic Planning & Municipal Codes Barbara Roberti - Ext. 128 PLANNING BOARD & ZONING BOARD OF APPEALS SECRETARY Bea Ogunti — Ext 122 SUPERVISOR Dr. Richard L. Thurston TOWN BOARD Received William H. Beale Chris Phillips 0 S. NZ3 Angela BeUma ZONING DEPARTMENT Al Al Casella 20 MIDDLEBUSH ROAD app I n g e r WAPPINGERS FALLS, NY ITOW tl (845) 297-1373 Ext. 2 -Tov4Ci Clerk Fax (845) 297-0579 www. town ofwappingerny.gav To: Joseph Paoloni, Town Clerk From: Barbara Roberti, Director of Strategic Planning and Municipal Codes Re: Schedule of Performance & Maintenance Bonds for the month of August 2023 August S, 2023 PERFORMANCE BONDS SUBDIVISION (Sub.) SECURED SITE PLANS SP BY AMOUNT CALL EXPIRES STATUS Maloney Heights Subdivision Bond $222,120.00 10/19/23 11/19/23 -1St reduction (Abjad Nesheiwat) #7751805 accepted by TB 5/26/2020 Myers Corners Landin 7 Cash Bond $122,000.00 No expiration date Ridges Subdivision Letter of Credit 5104,464.80 5/1/24 6/30/24 MAINTENANCE BONDS Hilltop Village -Toll Land V Bond $92,491.00 12/12/23 Furnia Subdivision Letter of Credit $52,128.00 12/12/24 -accepted by TB 6/8/2020 -1 st Reduction accepted by the TB - accepted by TB 12/13/21 accepted by TB 12/12/22 1 It - N 00 0 M N 0 N E U M Q SITE PLAN RESTORATION BONDS Chelsea Farms Cash Deposit $19,778.00 ****** Accepted by TB on 2-28-22 tree felling. Hindu Sama' Cash Deposit $7,500.00 ****** -Accepted by the TB on March 9, 2020 for tree felling. Hudson Valley Lighting Cash Deposit $7,200.00 -Accepted by TB on March 8, 2021 U Released upon Resolution Approval o W/ signed maps N a� L Myers Run Subdivision Cash Deposit $13,398.00 ****** -Accepted by the TB on L c°) March 14, 2022 for tree felling. It - M N O Old Avers NY LLC Solar Farm Perf Bond. $30,000.00 3-26-24 -Accepted by TB on March 27, 2023. CO w Tree felling. ItN Red Cedar Arborist, Inc. Cash Deposit $10,000.00******* _Accepted by TB q August 23, 2021 0 N E Cc: Planning Board Jon Bodendorf Town Board Michael Sheehan Q James Horan File 2 SiENGER, DIAMOND &GLAss,- (845) 298-2400 (845) 298-2842 info@sdglaw,com sciglaw,corn Kenneth M. Stenger .Stephen E. Ulamond' Jessica J, Glass Karen. E, Hagstrom Ian. C, L'indars AA luele Albert P. Roberts PARTNER EMERITUS Mary Kate Ephraim Jad H�ddad O7 COUNSEL Jo2'n R. Garrett" I'MALEGALS Elizabeth. Amlruccl Jennifer Arro Allam Brown Jilliarr Medina Sandra A. Oakley Alison Secor 011 20, 000 MAIN OFFICE 1135 Route 9 AUG0 9.10 3 ®wrl Of `' p inner August s, 2023 Town Clerk VIA EMAIL ONLY Wappingers Falls New York 12590 Poughkeepsie Journal Building 85 Civic Center Plaza, Suite x00 Poughkeepsie, NY 1.2.501 8Y QppoirnhnenI only Kingston Office 303 Clinton Avenue Kingston, NY 12401 By oppolnirnenl only Gleme clfreet 01 r'nquii ss to theM(rin Offrre Dr..RieliardL.Thurston, Supervisor Rlatr� tc�r►.7#r�yurr.rilxrxp lrtraT. 0v Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 William H..Beale, Councilman 'lxeale Town of-Wappinger Tow11 Board 20 Middlebu.sh Road Wappingers Falls,. NY 12590 Angela Bettina, Councilwoman (ibetting ',toIPnoAyqpA>g erf't>.00y_) Town of Wappinger Town Board 20 Middlebush .Road Wappingers Falls, NY 12590 Christopher Phillips, Councilman C )hfllf s u7trxiutry f�.u.. xf� er rt <rvv Town of Wappinger Towle Board 2.01 V,liddlcbush Road Wappingers Falls, NY 12:590 CLOSING COORIDINATORs Al Casella, Councilman wanijingerny.g_y) Marfa L. Jones. Town of Wappizlger Town Board Sardra A, Turner 20 Middlebush Road Wappingers Falls, NY 12590 �Ats[oADMITTED IN FL& MA 'ALSOADMIMI) IN Cf Joseph Paoloni., Town Clerk(J a.oloiti a toivxin ivr tixz2trrn:.2ov Town of Wappinger Town Board 20 Middlebush Road Wappingers Falls, NY 12590 Re Mid -Hudson Development (Corp, with Tofun of Mappinger CerinrHill Heights SDG File No. 39130.6106 It— N 00 0 A N 0 N E U M Q Dear Supervisor, Members of the. Town Board and Town. Cleric: It has been over four months since I stood before the Board and it promised to provide a process by which my client's application could be heard as required by Town Law §240-19. To date, I have heard nothing. I write with the request that the. Board honor the statement previously made by it. In the interim, my client is proceeding before the Town. o Wappinger PLaiming Board. It wilt receive an as of right lot count which it will present to you as part of its application under Town Law §240-19.. Thank: you. "Very truly yours, STENGER, DIAMOND & GLASS'S LLP KENNETH M. ,STEN " {R, ESQ, lcsten�ei:_ sdglaw.coni KMSllctg cc: Fames P. Horan, Esq. Mid -Hudson Development Corp. a6 0 J m U 0 m 0 0 Q 0 L 0 U M N O N U) W P02,'51 IDT 1,011 " 004 NOTICE OF PUBLIC HEARING �eC6jq ed ZONING BOARD OF APPEALS TOWN OF WAPPINGER DUTCHESS COUNTY ,,Wager 0 PLEASE TAKE NOTICE, the Town of Wappinger Zoning Board of Appeals will conduct a public hearing on the 22nd day of August, 2023 at 7:00 p.m. at the Town Hall of Wappinger, 20 Middlebush Road, Wappinger Falls, NY pursuant to Section 240-37 of the Zoning Law of the Town of Wappinger to consider the following area variance: Appeal No.: 23-7799 Area Variance Julius Morton: Seeking an area variance Section 240-37 of District Regulations in an R20 Zoning District. -Where 40 feet to the rear property line is required, the applicant can provide 20.5 feet for the construction of an 18'x 36' in ground pool, thus requesting a variance of 19.05 feet. The property is located at 12 Fox Hill Road on 1.00 acres and is identified as Tax Grid No.: 6257-01-403820 in the Town of Wappinger. All interested persons will be heard by the Zoning Board of Appeals of the Town of Wappinger at the public hearing as stated above. Signed: Peter Galotti, Chairman Zoning Board of Appeals Town of Wappinger August 8, 2023 6 0 J (1) U a� 0 Q 0 L L 0 U M N O N U) W TOWN ,JUSTICE HEATHER L. K7CHEN TOWN OF NVAP INGER 7.�°. 00 TOWN ,JUSTICE 9,0_ r CARL S. WOLFSON August 101h 2023 JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6070 (845)297-7739 FAX: (845) 297.0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5 30 P.M. 1st and 3rd Thursdays 5:3C P.M. Supervisor Thurston and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 Re: Carl S. Wolfson, Town Justice Monthly Report, July 2023 Dear Supervisor Thurston and Members of the Town Board; The following is a report of the cases disposed of during the month of July 2023; 6 Penal Law matters resulting in $125.00 collected in fines and fees. 258 Vehicle and Traffic Law matters resulting in $19,680.00 collected in fines and fees, 9 Civil matters resulting in $95.00 collected in fees.' 18 Termination of Suspension matters resulting in $1,590.00 collected in fees. 3 Town Ordinance matters resulting in $50.00 collected in fines, 1 Transportation Law matter resulting in $0.00 collected in fines. I have forwarded a check in the amount of $21,540.00 to the Town of Wappinger Comptroller. In addition, I am holding $16,620.00 in pending bail. Re 1 ubmitted, Carl S. Wolfson, Town Justice cc: Joseph Paoloni, Town Clerk It - N 00 0 M N O N r- 4) >_ U M Q TOWN JUST[CE HEATHER L. KITCHEN August 11, 2023 TOWN D TOWN JUSTICE CARL S WOLFSo� JUSTICE COURT 20 MIDDLEBUSH ROA[ WAPPINGERS FALLS, NY 12590-0324 (845) 297$070 (845) 297.7739 FAX: (845) 297.0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.N1. 1st and 3rd Thursdays 5:30 P.fvj. Supervisor Thurston and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road. Wappingers, NY 12590 Re: Heather L, Kitchen, Town Justice Monthly Report, July 2023 Dear Supervisor Thurston and Members of the Town Board; NSG 15:Z of 14;5qp ng The following is a report of the cases disposed of during the month of July 2023; 7 Penal Law matters resulting in $595.00 collected in fines and fees. 214 Vehicle and Traffic Law matters resulting in $21,700.00 collected in fines and fees. 9 Civil matters resulting in $110.00 collected in fees. 13 Termination of Suspension matters resulting in $1,225.00 collected in fees. 3 Transportation Law matters resulting in $1,45000 collected in fines. 1 Town Ordinance matters resulting in $200.00 collected in fines. 1 Executive Law matters resulting in $50.00 collected in fees. 2 Tax Law matters resulting in $100.00 collected in fees. I have forwarded a check in the amount of $25,430.00 to the Town of Wappinger Comptroller. In addition, I am holding $13,323.00 in pending bail. Respectfully b ' ted, e Town e cc: Joseph Paoloni, Town Clerk O J (1) U a� O Q L L O U M N O N U) W RECEIVER OFTAXES Lee Anne frena, 201V IDDLLBL`S11 ROAD NVAPPINGE'RS FALLS, NY 12590 WWW.T0WN0FWAPPINGERXS (845) 297-4158 - Main (845) 297-4342 - Direct (845) 297-1478 — Fax TOWN OF WAP INGER 00 .r.Ric.�a h.,rsto A 41 JULY 2023 REALTY TAX REPORT Angela Bettina Christopher Phillips Al Casella TOWN CLERK Joseph P. Paoloni HIGHWAY SUPERINTENDENT Michael Sheehan BEGIN. BANK BAL. $ 614,863.06 �UG 17 2023 Receipts/Deposits $, 175,872.80 of \jqappinge, Interest $ 1,849.76, -rown Total $ 792,585.62 *TO\Nn Clerk Less Disbursements/Adjustments Checks Paid Returned Checks Misc. ENDING BANK BAL. Less Pending Checks ENDING BOOS K BALANCE (3,304.71) $ 789,280.91 (5,177.23) $ 784,103.68 Submi d by: b vi to Lee Arine Freno, Receiver of Taxes as 0 —j (1) U 0 Q M 2 0 L) 04 Q N U) w N 00 9 M 04 Q 04 E U m }U LY 2023 REALTY TAX RECEIPTS A B C D E F G H I J 1 DATE AMOUNT IBATCH TAX PENALTY MEMO NOTICE IOVR/DUP INTEREST RETURNS 2 RECEIVED INO. FEE FEE PAYMENT CHECKFEE 3 4 7/6/2023 $ (10A0) 5 7/11/2023 $ 5,460.99 128 $ 5,250.95 $ 210.04 6 7/13/2023 $ 3,304:71 125 $ 3,177.61 $ 127.10 7 7/13/2023 $ 48,962.87 129 $ 47,073.23 $ 1,883.64 $ 6.00 8 7/14/2023 $ 2,069.03 130 $ 1,989.46 $ 79.57 9 7/14/2023, $ 10,00 10 7/14/2023 $ 10.00 11 7/18/2023 $ 741.55 131 $ 713.03 $ 28.52 12 7/21/2023 $ 8,879.31 132 $ 8,535.87 $ 341.44 $ 2.00 13 7/21/2023 $ 39,191.52 133 $ 37,674.53 $ 1,508.99 $ 8.00 14 7/21/2023 $ 5100 $ 5.00 15 7/24/2023 $ 10,893..61 134 $ 10,470.78 $ 418.83 ` $ 4.00 16. 7/26/20231 $ 33,592.27 135 $ 32,294.48 $ 1,291.79 $ 6.00' 17 7/31/2023, $ 9,754.85 136 $ 9,375.82 $ 375.03 $ 4.00 18 7/31/2023 $ _ 13,007,.09 141 $ 12,502.97 ; $ 500.12 $ 4.00 19 7/31/2023 $ 1,849:6 j $ 1,849.76 j 20 TOTAL $ 177,722:6 $ 169,058,73 _ $ 6,765.07 $ 34.00 $ 1,849.76 21 22 7/6/2023 $ (3,304:71) 1251 $ (3,177.61) $ (127.10) JULY 2023 REALTY TAX DISBURSEMENTS O J O V O O O O Q N O L L O U N O N W lilo It— N co O M N O N O O E V m Q A B C D E F G H 1 2 DATE AMOUNT DCCF SUPERVISOR OVR/DUP CK. NO. 3 DISBURSED PAYMENT O J O V O O O O Q N O L L O U N O N W lilo It— N co O M N O N O O E V m Q Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-104 Meeting: 08/21/23 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston Resolution Appointing Account Clerk DOC ID: 5992 WHEREAS, the Town Board of the Town of Wappinger has a vacancy for the position of Account Clerk as the result of an internal promotion; and WHEREAS, the Town Board desires to fill the Account Clerk vacancy, and WHEREAS, a Civil Service list does not exist for the Account Clerk position, and the Town Board has received approval from Dutchess County Human Resources to provisionally appoint a candidate pending a future examination, and WHEREAS the Town Board is satisfied that Graceanna Overton meets the minimum qualifications required to be Account Clerk. NOW THEREFORE BE IT RESOLVED that the Town Board appoints Graceanna Overton to the position of Account Clerk at the pay rate of $23.40 per hour as established in the 2023 budget, Line A 1315.102 starting on August 28, 2023, and BE IT FURTHER RESOLVED, that said appointment shall be subject to a future examination, pursuant to applicable Civil Service regulations, and BE IT FURTHER RESOLVED that all terms and conditions of Ms. Overton's employment shall be subject to the provisions of the Collective Bargaining Agreement between the Town and Teamsters Local 445; and BE IT FURTHER RESOLVED that the Town Personnel Administrator, is authorized to complete and file with the Dutchess County Department of Human Resources all paperwork required by that office in connection with this appointment. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 8/21/2023 10:42 PM by Joseph P. Paoloni Page 1 Town of Wappinger Meeting: 08/21/23 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Appointments / Terminations AYES: Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Adimin Sponsors: Supervisor Richard Thurston RESOLUTION 2023-106 DOC ID: 5997 Resolution Appointing Seasonal Laborer WHEREAS, the Town Board has determined that hiring seasonal employees in the Buildings and Grounds Department to assist with the repairs and maintenance of Town Buildings and Grounds is necessary; and WHEREAS, the Rules of the Dutchess County Department of Human Resources authorizes the appointment of employees by the Town on a seasonal basis; and WHEREAS, the Supervisor of Buildings and Grounds recommends the appointment of the following employee as a seasonal laborer; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Zachary Zindler as Seasonal Laborer who shall be compensated at $20.06 per hour out of budget line B.7110.0123 with a starting date retroactive to May 15, 2023. 2. This appointment is in accordance with the rules of the Dutchess County Department of Human Resources. 3. This appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 4. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. 5. The 2023 Budget makes appropriations for this position. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 8/17/2023 10:30 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-107 Meeting: 08/21/23 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston Resolution Appointing Maintenance Mechanic DOC ID: 5996 WHEREAS, the Town Board has determined that hiring a Maintenance Mechanic in the Buildings and Grounds Department to assist with the repairs and maintenance of Town Buildings and Grounds is necessary; and WHEREAS, the Rules of the Dutchess County Department of Human Resources authorizes the appointment of such employees by the Town; and WHEREAS, the Supervisor of Buildings and Grounds recommends the appointment of the following employee as a maintenance mechanic. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Branden Dingee as maintenance mechanic who shall be compensated at $25.00 per hour out of budget line B.7110.0118 with a starting date of August 21, 2023. 2. This appointment is in accordance with the rules of the Dutchess County Department of Human Resources. 3. This appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 4. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. 5. The 2023 Budget makes appropriations for this position. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 8/17/2023 10:28 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2023-103 Meeting: 08/21/23 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 5991 Resolution Authorizing Appointment Of Senior Account Clerk WHEREAS, a request to authorize the position of Senior Account Clerk has been approved by the Dutchess County Department of Human Resources, and WHEREAS, this position is competitive, and WHEREAS, the funding for this position is available in the 2023 Town budget, and WHEREAS, Dutchess County has determined that Regina Dauzat has successfully participated the Senior Account Clerk examination and meets the minimum qualifications, WHEREAS, the Town Comptroller recommends the appointment of Regina Dauzat to the position of Senior Account Clerk, now therefore BE IT RESOLVED, that the Town Board, with the consent of the Town Comptroller, appoints Regina Dauzat to the position of Senior Account Clerk with her compensation at the rate of $29.56 per hour in accordance with the terms of the CBA and as established in the 2023 budget Line A1315.101; and BE IT FURTHER RESOLVED, that the above appointment is effective August 21, 2023. RESULT: TABLED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Next: 9/14/2023 7:00 PM Updated: 8/17/2023 10:50 AM by Joseph P. Paoloni Page 1 RESOLUTION 44-2023 RESOLUTION GRANTING PERMANENT COMPETITIVE CLASS STATUS TO REGINA DAUZAT AS SENIOR ACCOLiNT CLERK IN THE TOWN OF WAPPINGER WHEREAS, Regina Dauzat has permanent competitive class status as an Account Clerk with the Town of Wappinger (Eligible List # 062-09) since 12/8/2019; and WHEREAS, a non-competitive promotion field for Senior Account Clerk currently exists in the Town of Wappinger; and WHEREAS, the Town Supervisor wishes to grant Regina Dauzat a non-competitive promotion to the position of Senior Account Clerk to be effective August 21, 2023; and WHEREAS, Regina Dauzat has successfully participated in the examination for Senior Account Clerk (exam number 67939); and WHEREAS, Regina Dauzat meets the minimum qualifications for training and experience for Senior Account Clerk; and NOW, THEREFORE, BE IT RESOLVED, that pursuant to New York State Civil Service Law, Section 52 (7), Regina Dauzat is granted permanent competitive class status in the title of Senior Account Clerk, effective August 21, 2023, pending the completion of the appropriate probation period. «°r .......... St c J. l�ec o'° Commissioner of Human Resources Dated: 8/9/2023