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2023-09-14Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5772 Thursday, September 14, 2023 7:00 PM Town Hall 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 7:10 PM Angela Bettina Town of Wappinger Councilwoman Present 7:00 PM Christopher Phillips Town of Wappinger Councilman Present 7:00 PM Al Casella Town of Wappinger Councilman Present 7:00 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:00 PM Salute to the Flag Agenda and Minutes 1. Motion To: Adopt Agenda COMMENTS - Current Meeting: The 4 properties discussion was re -added that was mistakenly taken off. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IV. Public Portion 1. Motion To: Open Public Portion COMMENTS - Current Meeting: Craig O'Donnell addressed the board to ask for tenancy to 2 vacant properties on Wheeler Hill Road. Councilman Casella maintained that tenancy has never been given to vacant properties because this could set a precedent for all vacant properties. Both properties were vacant. Town of Wappinger Page I Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 Marcy Wagman appeared to explain that although the town did not exceed the overall tax cap; the individual components of the special district that summed to less than 2% had significant reductions in the water district that allowed for an 8% increase in the general funds as evidenced by everyone's tax bill. Thus, those in the water district enjoyed a decrease in their water district taxes the residents not in the water district did not have the water district reduction to offset their 8% general fund tax levy increase. Councilman Beale argued that this town never breached the 2% tax cap and Ms Wagman agreed but maintained that those outside the water district did in fact have an 8% increase in their overall town taxes. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella V. Discussions 1. Four Properties Judith Subrize detailed the four properties which is available on the Town's website video. 2. Employee Handbook COMMENTS - Current Meeting: Jessica Barry appeared to request $6,500 to complete the employee handbook. She suggested using the unpaid salary from the her vacant position to pay for it. The board did not vote on it. 3. Motion To: Randy Ross Recreation (Thurston/Ross) COMMENTS - Current Meeting: Randi Ross came to the board to explain work at Spookhill Park. Details are available on the town's website video. He handed a brochure to the board, but not to the Town Clerk for publishing in these minutes. Artist Bill appeared to ask to paint a Mural at that park at zero cost. The board approved. Town of Wappinger Page 2 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 4. Update on Senior Center Renovation: (Thurston/Moot) Jonathan from CPL handed out a plan for the senior center at town hall, but gave nothing to the Town Clerk for publishing in these minutes. 5. Motion To: Door repair/replacement at Rockingham Park (Thurston/Casella/Frazier) Out of B -Fund COMMENTS - Current Meeting: Hudson Vafley Door & Hardware ESTIMATE 7&dS0n'%Vfa 26 Racquet Road Suite I ;8 Group E3i24)23]M ul& lffRD A, Newburgh, NY 12550 645-849.66 8J� A division ofLivaiod'9ar4wm Gro s LIC, F4arrue /Address TOWN OF WAPPINGER 2.4,1 Iw411)1)B,EBUISH RD, WAPP1NG11,,RS I°tti.L LS„NY '112.5911 Ship To TCYwi 01- W„t P]"INGE R 3111 S4'li.°tIRF"IELD L)1t WAPT'IN411°RS FALLS, NY 12590 Custom ...:e1' Coniita Ship '4 is Salesmain P9 OJEC' .: MGR S"'11'V!,'-9,45-249-9491 iNS'I°ALL 1'II3 Two Qty Description SO 1linit � P 1.LV1P BL111..1:)JNG DOOR (;�) 11 4 N N(iS 2 3F47816ICK I,1�I'3a"11 d,/:iV' 4 453 E4 E19 • HOL.1.,,OW ETA4.. +412,60 F"]ttwflWlE 2 74175 18 12K 1,'3/0,618 4 8.11453 CW2 r1' CL 11®HOLLOW IVllaTAI., 1,157,05 1:)OOR 2 WELD, P1,1N0I & (')'IN1Pt r, 91J.Do 16 EWA 2.415 to FB313191 NNP 4.5 w 4.5 320 DaI44R'H%1 1JoNGE '4?�” iPN'" W 31,.75 IdFaMOVADLE PIN 2 8317 K -ST K-62 6 -CS UC 411) L7EADBOLT2-3M" 13S WICO.N C 2M,34 SCREWS 2 4 1;17I3 x .122D - PAIrt OF FL4ISI .1 111.,1 u.,S 51-99 2 513x3'-1]1itFS;I101..,t) 410,,60 2 601A 36"° 844 AC% C)1')OR S WI?I; P 27..59 2 160V .36" X 84" FA' -r]" Wl-.A'TI IERS"rtEC,I PINCI'i 64,,,i'}'9 2 DOOR DISI"O-SAL 25.00 1 1NS°1ALI..A"1"ION PREVAILING 91Alf," I,920.Oa Te m s h1 I'"aT 30 - D Total Setil 8252D 7,394 B1i 160.00 32,190 111,:511 f 412.,68 107,76 9I .'20 55'.1 tv t2.9It1 51.00 1,920.00 Town of Wappinger Page 3 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 6. Elementary School SRO (Beale/Thurston) Councilman Beale explained the precense law enforecment at the Wappinger Schools at Wappingers Junior High School and Roy C. Ketcham. He explained the schedule at the elementary schools. VI. Resolutions 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 Chris Phillips 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 0 Adopted as Amended Richard Thurston ..................... ..Voter.... ,........ D ....... ,........❑ .......,........ ❑ ........,....... ❑ ..... Town of Wappinger Page 4 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 ❑ Defeated William H. Beale Mover 0 ❑ ❑ ❑ ❑ Tabled ........................................................................................................................ Angela Bettina Voter D ❑ ❑ . ❑ ❑ Withdrawn Christopher Phillips ....,...... Voter .... 0 ... ❑ .... ❑ ... ❑ Al Casella .... ..... Seconder ......... 0 .. ............ 0 .. .. ........... 0 ❑ Dated: Wappingers Falls, New York September 14, 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 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 Town of Wappinger Page 5 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 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 J 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.......,.......❑ ..... ElWithdrawn Christopher Phillips ...................Voter.... .......I'llD...... ❑.......,........❑........,.......❑..... Next: 9/25/23 7:00 PM Al Casella .. ................Mover .. ...... El. .... ❑ El ❑ Dated: Wappingers Falls, New York September 14, 2023 The Resolution is hereby duly declared Tabled. RESOLUTION: 2023-112 Resolution Authorizing Water Tenancy Agreement For 693 Wheeler Hill Road (O'Donnell Family LP) WHEREAS, the O'Donnell Family Limited Partnership ("Owner") own a a vacant residential lot at 693 Wheeler Hill Road in the Town of Wappinger; and WHEREAS, the existing well has insufficient capacity to supply the property and the yield from the well does not meet the requirements of the Dutchess County Sanitary Code; and WHEREAS, the Owner has requested to enter into a tenancy agreement for the supply of water from the United Wappinger Water District ("UWWD") to serve its property at 693 Wheeler Hill Road until such time as the United Wappinger Water District is extended to include their property; and WHEREAS, the connection of the Property to the UWWD water main located in Old Hopewell Road is as a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5 (c) (11); and WHEREAS, the Attorneys to the Town drafted a Water Tenancy Agreement to supply water to the property; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines that: Town of Wappinger Page 6 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 1) The Project is a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5 (c) (11). 2) The Town Board hereby approves the Water Tenancy Agreement with the Owner in the form attached hereto. 3) The Town Board hereby authorizes and directs a majority of the Town Board to sign the Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11). 4) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Town Clerk. 5) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Water Department and the Building Department. The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2023-112 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter ❑ El ❑ ❑ ❑ Defeated William H. Beale ........................ Mover ..........D ............... ❑ ..... ......❑ ............... ❑..... 0 Tabled Angela Bettina .......................... Voter ... .......E ..... ......❑ ............... ❑............... ❑ .... ❑ Withdrawn Christopher Phillips Seconder 0 ❑ ❑ ❑ Next: 1/1/2512:00 AM 'Al Casella......... .. ................ Voter ... ...... 0 ..... ❑ ..... ❑...... ❑ .... Dated: Wappingers Falls, New York September 14, 2023 The Resolution is hereby duly declared Tabled. RESOLUTION: 2023-113 Resolution Authorizing Water Tenancy Agreement For 640 Wheeler Hill Road (O'Donnell Family LP) WHEREAS, the O'Donnell Family Limited Partnership ("Owner") own a single family residence and a vacant residential lot at 640 Wheeler Hill Road in the Town of Wappinger; and WHEREAS, the well has insufficient capacity to supply both properties and the yield from the shared well does not meet the requirements of the Dutchess County Sanitary Code and both properties frequently lack water; and WHEREAS, the Owner has requested to enter into a tenancy agreement for the supply of water from the United Wappinger Water District ("UWWD") to serve their property at 640 Wheeler Hill Road until such time as the United Wappinger Water District is extended to include their property; and WHEREAS, the connection of the Property to the UWWD water main located in Old Hopewell Road is as a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5 (c) (11); and WHEREAS, the Attorneys to the Town drafted a Water Tenancy Agreement to supply water to the property; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines that: 1) The Project is a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5 (c) (11). 2) The Town Board hereby approves the Water Tenancy Agreement with the Owner in the form attached hereto. Town of Wappinger Page 7 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 3) The Town Board hereby authorizes and directs a majority of the Town Board to sign the Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11). 4) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-113 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter ❑ 0 ❑ ❑ ❑ Defeated William H. Beale .......................Voter ... ...... D ................❑ ................❑................❑..... 0 Tabled Angela Bettina . Voter D ❑ ❑ ❑ ❑ Wrt raven Christopher Phillips„ seconder 0 ❑ ❑ ❑ Next: 1/1/2512:00 AM Al Casella.......... ................ .. Mover .. ,........ D ....... ,........❑ .......,........ ❑ ..... .,....... ❑ ..... Dated: Wappingers Falls, New York September 14, 2023 The Resolution is hereby duly declared Tabled. RESOLUTION: 2023-114 Resolution Authorizing Memorandum Of Understanding With Regency Homeowners' Association WHEREAS, the developer of Regency at Wappinger entered into an Agreement for a Temporary Water Connection to the United Wappinger Water District to permit the use of water for irrigation purposes during construction; and WHEREAS, construction at Regency at Wappinger has been completed and the Regency Homeowners' Association ("RHOA") wishes to establish an agreement with the United Wappinger Water District ("UW VD") for the use of water for the common areas owned by the RHOA including for irrigation; and WHEREAS, the RHOA has prepared and implemented a water conservation plan for its irrigation system to reduce its water usage; and WHEREAS, the RHOA and the UWWD have developed a Memorandum of Understanding ("MOU") for the use of water for irrigation on a more permanent basis now that the RHOA has taken over operation of the common area; and WHEREAS, the MOU will replace and supersede the Temporary Water Connection Agreement with Toll; NOW THEREFORE, BE IT RESOLVED: 1) The Town Board hereby approves the Memorandum of Understanding with RHOA in the form attached hereto. 2) The Town Board hereby authorizes and directs the Supervisor to sign the MOU on behalf of the Town Board and the UWWD. 3) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be provided to the Water & Sewer Department and Building Department to establish the necessary water account. 4) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Town Clerk and the records of the Building Department. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 8 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 Vote Record - Resolution RES -2023-114 ❑ Adopted Yes/Aye No/Nay Abstain Absent D Adopted Richard Thurston Seconder El ❑ El ❑ ❑ Adopted as AmendedRichard Thurston Voter D ❑ ,.... ..❑ ......,.... ..❑.......,.......❑ ElElElDefeated El.... El Tabled William H. Beale .................... Voter... . ..... D ..... ........... . ........... ... ❑ Tabled Angela Bettina Voter.. D .... ❑ ............ E']..... ,..... ❑ ... El Withdrawn Christopher Phillips ................. Mover El .................❑ ❑ ... El ....❑.... ❑ ...❑....... Al Casella.......... Seconder........ D Dated: Wappingers Falls, New York September 14, 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: Vote Record - Resolution RES -2023-103 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Seconder El ❑ El ❑ 0 Defeated William H. Beale .......................Mover .. ...... D ..... ......❑ ............... ❑............... El.... El Tabled Angela Bettina.........................Voter...........❑...... D.......,........❑........,.......❑..... ❑ Withdrawn Christo her Philli s Voter ❑ 0 ❑ ❑ Town of Wappinger Page 9 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 Al Casella Voter ❑ El ❑ ❑ Dated: Wappingers Falls, New York September 14, 2023 The Resolution is hereby duly declared Defeated. RESOLUTION: 2023-115 Resolution Acknowledging Hiring Of A New Employee In The Highway Department WHEREAS, the Highway Superintendent of the Town of Wappinger has hired Mark Murphy as a Motor Equipment Operator, starting September 5, 2023; and WHEREAS, this position is non-competitive; and WHEREAS, the appointment is subject to a probationary term of not less than eight nor more than twenty-six weeks in accordance with the rules of the Dutchess County Department of Human Resources, and WHEREAS, 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; WHEREAS, Mark Murphy shall be paid at the rate of hourly wage $30.71 with an overtime rate of $46.06; therefore be it RESOLVED, that the Town Board of the Town of Wappinger acknowledges the hiring of Mark Murphy in the Highway Department, and be it further RESOLVED, that Mark Murphy shall be paid in accordance with the collective bargaining agreement between the Town of Wappinger and the CSEA, Local 1000 AFSCME, AFL-CIO, Town of Wappinger Unit 6673, Dutchess County Local 814, and be it further RESOLVED, that the Town of Wappinger Department of Human Resources shall file the paperwork necessary to effectuate this appointment with the Dutchess County Department of Human Resources and any other required agency. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2023-115 Yes/Aye No/Nay Abstain Absent D Adopted .. ... ❑ Adopted as Amended ar Richard Thurston Voter .. 0 ❑ ❑ ❑ ❑ Defeated WilliainH.Beale.................... Mover D........,...... ❑ ... ❑........,.......❑..... ❑ Tabled Angela Bettina ................... Voter El ............... ❑ ............. ❑ ................ ❑ ....... ❑ Withdrawn Christopher Phillips seconder .... D ❑ ❑ ❑ Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-116 Resolution Acknowledging Hiring Of Armed Court Attendant Town of Wappinger Page 10 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 WHEREAS, the Town Court Clerk has recommended the hiring of Mark Cassidy, a NYS Office of Court Administration Court Attendant to provide court security and screening; and WHEREAS, the person recommended by the Town Court Clerk maintains peace officer status pursuant to Criminal Procedure Law § 2.10(21)(a) and is qualified to serve in the position in accordance with the civil service rules of the Dutchess County Department of Human Resources; and WHEREAS, this position is considered non-competitive class; WHEREAS, the Town Court Clerk has recommended that the pay for the Court Attendant be set at $35.00 per hour, for a 4 hour minimum; and WHEREAS, the Town Board has appropriated sufficient funding in the 2023 Budget for this Armed Court Attendant position; therefore be it RESOLVED that the Town Board, upon the recommendation of the Town Court Clerk, appoints Mark Cassidy as Armed Court Attendant; and be it further RESOLVED that Mark Cassidy be paid from the 2023 budget line Al 110.0106. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2023-116 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as AmendedRichard Thurston Voter 0 ❑ ..... El ElElDefeated am H. Beale ..................... ............ Mover...,...... D ...... ,........❑ ❑ .. . ❑ ... ❑ Tabled Angela Bettina Voter D .... ❑ .....,...... ❑ ......,..... ❑ ... ❑ WithdrawnChristopher Phillips Seconder 0 ❑ El El Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-117 Resolution Acknowledging Hiring Clerk To The Town Justice WHEREAS, pursuant to Town Law § 20 and Uniform Justice Court Act § 109, the Town Board shall provide such non judicial personnel for the Town Justice Court as is necessary; and WHEREAS, the Clerks of the Court are employed only upon the advice and consent of the Town Justices pursuant to Town Law § 20; and WHEREAS, this position is considered Civil Service Exempt Class; and WHEREAS, the Town Justices recommend the hiring of Nicole Williams to the position of Clerk to the Justice; now, therefore BE IT RESOLVED, that the Town Board, with the consent of the Town Justices, hires Nicole Williams to the position of Clerk to the Justice with her compensation at the rate of $20.66 per hour; and BE IT FURTHER RESOLVED, that the above appointment is an Exempt Civil Service Position in accordance with the rules of the Dutchess County Department of Human Resources; and Town of Wappinger Page 11 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 BE IT FURTHER RESOLVED, that the above appointment is subject to the approval of the Dutchess County Department of Human Resources and are further subject to Civil Service Law and the Rules of New York State and the Dutchess Countv Department of Human Resources; and BE IT FURTHER RESOLVED, that all necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources; and BE IT FURTHER RESOLVED, that the Clerk to the Justice shall file with the Office of Court Administration any documentation necessary to effectuate the intent of this Resolution. BE IT FURTHER RESOLVED, that this Resolution shall take effect September 181h The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2023-117 Yes/Aye No/Nay. Abstain Absent ❑ Adopted ........ 0 Adopted as Amended Richard Thurston Mover 0 ❑ ❑ ❑ ❑ Defeated William H. Beale ........................Voter .... ................. D...... ....... .... ❑ ....................... ❑........,..... ❑ ... ...... .. ❑ Tabled Angela Bettina Seconder ..... D .... ❑ .....,...... ❑ ......,..... ❑ ... ❑ Withdrawn Christopher Phillips 111� Voter '1111111 llll El ❑ ❑ ❑ Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2023 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2023-118 Resolution Authorizing Revocable License Agreement To Maintain Structures Within Utility Easement WHEREAS, Joseph and Tina Blondin own a single-family residence at 27 Miracle Circle in the Town of Wappinger that is subject to a utility easement; and WHEREAS, at the time the Blondins purchased the property, their title insurance policy did not show the limitations of the utility easement on the property that prevented erecting structures within the easement; and WHEREAS, since purchasing the property, the Blondins have erected a fence and a playset within the easement, and they seek written permission from the Town Board to have those structures within the easement as provided by the easement; and WHEREAS, the Blondins have advised that they are willing to remove the fence and playset temporarily any time that access to the easement area is required to maintain the utilities at their own cost and expense; and WHEREAS, the Town Board has determined that it is in the best interest of the property owners and the Town to enter into a revocable license agreement that has been drafted by the parties; WHEREAS, granting the revocable license has no effect on the environment and is not subject to SEQR; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines that: 1) The Town Board hereby approves the Revocable License with the Owner in the form attached hereto. Town of Wappinger Page 12 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 2) The Town Board hereby authorizes and directs the Supervisor to sign the Revocable License Agreement on behalf of the Town. 3) The Town Board hereby directs that a copy of the executed Revocable License be filed in the records of the Town Clerk, Planning Department, and Building Department. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-118 ❑ Adopted Yes/Aye.. Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated D William H. Beale .......................Voter ... ...... D ................❑ ................❑................❑..... lliarnH B .eale.................... M over. . 0 Tabled Angela Bettina ................ Seconder D ❑ ❑ ❑ ❑ Withdrawn ❑ ........... ... Christopher Phillips„ ....................Mover..... ❑ Withdrawn ......D...... ❑.......,........❑.... ❑ ❑..... Next: 1/1/2512:00 AM ❑ Al Casella.......... ................ .. Voter.... ,........ D ....... ,........❑.......,........❑........,.......❑..... ❑ ❑ Dated: Wappingers Falls, New York September 14, 2023 The Resolution is hereby duly declared Tabled. RESOLUTION: 2023-119 Resolution Adopting Town Of Wappinger Covid Policy WHEREAS, the Town of Wappinger is committed to the health and safety of our employees and visitors to Town facilities; and WHEREAS, the Town of Wappinger adopted a COVID policy during the beginning of the pandemic but changes to the disease require that the policy be updated; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Town Board hereby adopts the Town of Wappinger COVID POLICY which is annexed hereto and shall be made a part of the minutes of this Meeting. 2. The Town Clerk is directed to file a certified copy of this resolution together with the annexed Town of Wappinger COVID POLICY 3. The Town Board directs that every employee of the Town shall be provided with a copy of the Town of Wappinger COVID POLICY and they shall sign a form that they have received and reviewed a copy of said policy. 4. Any prior Town of Wappinger COVID POLICY is hereby superseded. 5. The new Town of Wappinger COVID POLICY Program shall take effect immediately. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2023-119 Yes/Aye.. No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston VoterWi D ❑ ..❑......,.... ...................❑.. El ....,......❑ ❑ ....... El Defeated lliarnH B .eale.................... M over. . ..... D .....,.... ... ❑ Tabled Angela Bettina Voter .. ........... ..... ❑ .... ... D .....,...... ❑ ........... ... ❑ ... ... ❑ Withdrawn Christopher Phillips .................. .. Voter ❑ El ................ ❑ ................ ❑ Al Casella Seconder.. D ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2023 Town of Wappinger Page 13 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-120 Proclamation of Hispanic Heritage Month in the Town of Wappinger Whereas, the Bureau of the Census, in the 2020 Census Report, estimates the Hispanic/Latinx population living in Dutchess County at more that 42,000 people, or 35% of the total population of the County; and Whereas, under the 2020 Census, there were close to 4,500 or more Hispanic/Latinx residents in the Town of Wappinger, equating to approximately 16% of the Town's population, which represents a significant growth over the 2010 Census; and Whereas, Hispanic/Latinx-owned businesses represent the fastest growing segment of small businesses in the United States, with Hispanic/Latinx-owned businesses growing at more than 15 times the national rate; and Whereas, as of August 2018, more than 28,000,000 Latinx workers represented 17% of the total civilian labor force of the United States, and as a result of Latinx experiencing the fastest population growth of all race and ethnic groups in the Unites States, the rate of Latinx participation in the labor force is expected to grow to 20% by 2024, accounting for one-fifth of the total labor force; and Whereas, Hispanic/Latinx Americans serve in all branches of the Armed Forces and have fought bravely in every war in the history of the United States; and Whereas, as of August 2019, at least 688 fatalities in Iraq and Afghanistan were members of the Armed Forces who were Hispanic/Latinx; and Whereas, Hispanic/Latinx Americans harbor a deep commitment to family and community, an enduring work ethic, and a perseverance to succeed and contribute to society. Now, therefore be it Resolved, that the Town Board of the Town of Wappinger recognizes the celebration of Hispanic Heritage Month from September 15, 2023, through October 15, 2023; be it further Resolved that the Town Board of the Town of Wappinger recognizes the integral role of Hispanic/Latinx peoples and the manifold heritages of Hispanic/Latinx peoples in the economy, culture, and identity of the Wappinger community; be it further Resolved that the Town Board of the Town of Wappinger urges the people of the Town of Wappinger to observe Hispanic Heritage Month with appropriate programs and activities that celebrate the contributions of the Hispanic/Latinx people to the Town of Wappinger. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2023-120 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as AmendedRichard Thurston Voter D ❑ ,.... ..❑ ......,.... ..❑.......,.......❑ ElElElDefeated William H. Beale .................... Voter... . ..... D ..... ... ❑ Tabled Angela Bettina Mover .........El .... .... ❑ ............ El........... ❑ ... El Withdrawn Christopher Phillips ................. Seconder El .................❑ ❑ ... El❑ ....❑.... ...❑....... Al Casella.......... Voter............. D Dated: Wappingers Falls, New York September 14, 2023 Town of Wappinger Page 14 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-121 Resolution Scheduling Town Board Meetings to Adopt Budgets for Fiscal Year 2024 WHEREAS, the Town Supervisor, as Budget Officer, pursuant to § 106 of the Town Law, must prepare the Tentative Budget for the Town of Wappinger for delivery the Town Board for review, examination and possible revision; and WHEREAS, Town Law § 106 requires the Budget Officer of the Town to submit the Tentative Budget to the Town Clerk on or before September 30; and WHEREAS, Town Law §106(3) requires the Town Clerk to deliver the Tentative Budget to the Town Board at a regular meeting on or before October 5; and WHEREAS, New York State Town Law § 108 requires that the Town Board must hold a public hearing on the Preliminary Budget on or before the Thursday immediately following the general election in November; and WHEREAS, Town Law requires the adoption of a Final Budget on or before November 18, 2023; and WHEREAS, in order to accomplish the Budget Adoption Schedule set forth in Article 8 of the Town Law, the Town Board hereby establishes the following tentative schedule of Town Board Meetings set forth below, reserving unto itself the right to change the scheduled meetings if circumstances require. NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby schedules the following meetings of the Town Board to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, commencing at 7:00 p.m. on the following dates for the purpose of examining, discussing, deliberating, and adopting the Town Budget for fiscal year 2024, reserving unto itself the right to change the scheduled meetings if circumstances require. Regular Town Board Meeting September 25, 2023 • Adopt Resolution Accepting Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2024 and Setting a Public Hearing on October 23, 2023 to Hear Any Objections Thereto; • Adopt Resolution Setting Public Hearing for October 23, 2023 on the Proposed O&M Charges, and Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2024 and to Hear Any Objections Thereto; Special Town Board Meeting Wednesday October 4, 2023 at 7:30PM Town Clerk to deliver Tentative Budget to the Town Board in accordance with Town Law § 106; Town of Wappinger Page 15 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 Regular Town Board Meeting Tuesday, October 10, 2023 Budget Discussions Regarding the following departments: • Water and Sewer Districts and Improvement Areas • Drainage Districts • Highway • Buildings and Grounds; • Recreation, Parks, and Senior Center Regular Town Board Meeting Monday, October 23, 2023 • Open Public Hearing on Proposed Benefit Assessment Rolls for Special Improvements and Special Improvement Areas; • Adopt Final Benefit Assessment Rolls for Special Improvements and Special Improvement Areas; • Open Public Hearing for Budgets for Operation and Maintenance Charges, Water Rates and Sewer Rents for Special Improvement Districts and Special Improvement Areas; • Adopt O&M Charges and Water/Sewer Rates and Rents for Special Improvement Districts/Improvement Areas for Fiscal Year 2024; Budget Discussions Regarding the following departments: • Supervisor and Town Board • Accounting • Code Enforcement • Justice Court • Tax Receiver • Assessor • Town Clerk • Animal Control Human Resources "Wrap Up" • Adopt Preliminary Budget for Fiscal Year 2023 and Schedule Public Hearing on Preliminary Budget for November 9, 2023; Special Town Board Meeting Thursday, November 9, 2023 • Open Public Hearing on Preliminary Town Budget; • Adopt Annual Budget for Fiscal Year 2024. • May be adjourned until November 17, 2023. BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to provide notice to the public of the meetings established by this Resolution in accordance with Town Law, the Town of Wappinger Code and the Rules of Procedure of this Board. The Town Clerk is further directed to post this Resolution, together with all Notices of Public Hearings on the sign board maintained Town of Wappinger Page 16 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2023-121 Yes/Aye No/Nay Abstain Absent El Adopted ........ 0 Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William 14- ... Seconder D ❑ .......,...... ❑ ❑ ❑ TabledAngela Bettina .................. Voter... . ..... D .... ❑ ❑ ......,..... ❑ ... El Withdrawn Christopher Phillips Voter -111111 0 ❑ El ❑ Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2023 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2023-122 Resolution Opposing Delivery Rate Increases By Central Hudson Gas And Electric Corporation WHEREAS, Central Hudson Gas & Electric Corporation ("Central Hudson") has applied to the New York State Public Service Commission for increases in its electricity delivery rates and its natural gas delivery rates effective July 1, 2024; and WHEREAS, Central Hudson seeks a rate increase for electric delivery charges that would result in an increase in the monthly bill of $30.12 (31.9% increase on the delivery bill, or 16.4% increase on the total bill) for an average residential customer using 660 kWh per month; and WHEREAS, Central Hudson seeks a rate increase for gas delivery charges that would result in an increase in the monthly bill of $30.13 (29.2% increase on the delivery bill, or 19.0% increase on the total bill) for an average residential customer using 780 Ccf per year; and WHEREAS, Central Hudson has stated that the rate increases are justified due to increases in capital investment mainly associated with the replacement of aging infrastructure; increased labor expense; continued and enhanced low income, energy efficiency and heat pump programs; increases due to capitalization and financing costs; and timely recovery of costs associated with responding to major storms and extreme weather. WHEREAS, customers in a typical home or small business will be experiencing increases in the electric and natural gas delivery bills at a time when many are continuing to experience extraordinary financial hardships due to inflation; and WHEREAS, Central Hudson's area of service includes the Town of Wappinger, and Central Hudson's proposed rate increases will cause unnecessary hardship for residents of the Town of Wappinger, particularly those with fixed or limited incomes, as well as placing an additional financial burden on the Town's taxpayers as the Town's own facilities are served by Central Hudson; and WHEREAS, the proposed rate increases will place additional economic strains on small businesses and employers in the Town of Wappinger and discourage economic development and recovery; and WHEREAS, upon consideration, the Town Board finds that such rate increases place an undue financial burden on residents, businesses and local governments, including the Town of Wappinger, and discourage further commercial and industrial development in our region; Town of Wappinger Page 17 Printed 9/21/2023 Regular Meeting Minutes September 14, 2023 NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby oppose the rate increases for delivery of electricity and natural gas for which Central Hudson Gas & Electric Corporation has applied; and BE IT FURTHER RESOLVED that certified copies of the Resolution be delivered by the Town Clerk to the Hon. Michelle L. Phillips, Secretary, New York State Public Service Commission, Pat Ryan, the Hon. Rob Rollison, Senator for the 39th District, the Hon. Anil Beephan, Jr., Assemblyman for the 105th District, and to the chief executives of surrounding municipalities served by Central Hudson; and BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2023-122 -C orrespondence L - 2--14 ............................................... Number To Yes/Aye No/Nay Abstain Absent ❑ Adopted ........ Town Board Richard Thurston 8122/2823 812312.823 Letter to DC ae 0 Adopted as Amended Richard Thurston . Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale ... Mover D ❑ .. ❑ ❑ El Tabled Angela Bettina .................. V oter... . D ..... .... ❑ ❑ ......,..... ❑.....,...... ... ElWithdrawn Christopher Phillips Voter 0 ❑ El ❑ Al Casella Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2023 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2023-123 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log F -C orrespondence L - 2--14 ............................................... Number To From [late [tate Re c' Re: Agenda [tate 8914-881 Town Board Richard Thurston 8122/2823 812312.823 Letter to DC ae . of Emergency Response 9/14/2.823 89-14-882 Town Board Lee Anne Freno 9/1!2823 91112823 August 2823 Realty Tex Report 9/14/2823 89.14-883 Town Board ae , of Pudic Service 8/2312823 9/6/2823 Central Hudson pro,posed increase 9/14/2823 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: Town of Wappinger Page 18 Printed 9/21/2023 Regular Meeting ADOPTED [UNANIMOUS] Minutes Richard Thurston, Supervisor SECONDER: September 14, 2023 AYES: Thurston, Beale, Bettina, Phillips, Casella Vote Record - Resolution RES-2023-123 D Adopted ........ Yes/Aye No/Nay Abstain Absent El Adopted as Amended Richard Thurston Voter El ❑ El ❑ ❑ Defeated William H. BealeMover .... .................. . D .......... ❑ .................. ❑ ❑ .......... ElTabled Angela Bettina Second.. er ..... D .... ❑ .....,...... ❑ ......,..... ❑ ... El Withdrawn Christopher Phillips Voter El ❑ El ❑ Al Casella Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York September 14, 2023 The Resolution is hereby duly declared Adopted. VII. Items for Special Consideration/New Business VIII. Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Thurston, Supervisor SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IX. Adjournment Motion To: Wappinger Adjournment & Signature COMMENTS - Current Meeting: The meeting adjourned at 11:45 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 19 Printed 9/21/2023 9 w # ® U Humar, Resource Solutions Male Simple Proposal for Contact Person: Jeff Travers, Principal Public Sector HR Consultants LLC 14 Knollwood Drive Glenville, NY123@2 (518) 399-4512 jtravers@publicsectorhr.org TOWN OF WAPPiNGER EMPLOYEE HANDBOOK PROPOSAL WHYAN EiVIPLOYEE HANDBOOK? A well-written (Employee Handbook will help ensure compliance with government regulations, establish better communication with employees, and gain consistency in the application of work rules. COMPLIANCE WiTH GOVERNMENT REGULATIONS Regulatory compliance and understanding is a daunting task. As a result, personnel decisions made without professional guidance and without consideration for the long-term effects can create confusion among employees, inconsistencies in policy application, and, in many cases, violations of state and federal regulations which can result in lawsuits and fines. The Employee Handbook developed and implemented by Public Sector HR Consultants LLC (PSHRC) incorporates information, policies and procedures pertaining to the following state and federal regulations (partial list): • The Americans with Disabilities Act • Discrimination • Harassment and Fair Treatment • Sexual Harassment • Drug -Free Workplace • Drug & Alcohol Testing • Smoking in the Workplace • Workplace Violence Prevention COMMUNICATION WITH EMPLOYEES • Civil Service System • Disciplinary Action (Section 75) • Code of Ethics • Pregnant Workers Fairness Act • Family and Medical Leave Act • Workers' Compensation • Safety & Health and Hazardous Materials • Fair Labor Standards Act It is important that each employee understands the Town's policies and procedures as they pertain to employee benefits and work rules. A well-written employee handbook explains the benefits, including eligibility requirements, filing procedures, notification requirements, restrictions, scheduling procedures, etc. Work rules are addressed in the next section. The Employee Handbook developed and implemented by PSHRC incorporates information, policies and procedures pertaining to the following employee benefits (partial list): • Holidays • Vacation Leave • Personal Leave • Sick Leave • Family & Medical Leave • Jury Duty Leave Medical Insurance • Employee Assistance Program • Workers' Compensation • Disability Insurance • Meal & Rest Periods • Payroll Policies Town of Wappinger— Employee Handbook Proposal Page 1 of 3 CONSISTENT APPLICATION OF WORK RULES The consistent application of work rules helps establish a sense of fair treatment in the workplace and will contribute to the overall success of the Town in delivering services to the public effectively and efficiently. Further, successful disciplinary action is based on three basic factors: (1) there must be a mutual understanding of the work rules by the employee and the supervisor; (2) there must be uniform and consistent application of the work rules; and, (3) the discipline must be corrective and progressive with uniform and consistent penalties. Understandably, a well written Employee Handbook is essential in successful disciplinary action. The Employee Handbook developed and implemented by PSHRC incorporates information, policies and procedures pertaining to the following work rules (partial list): • General Rules of Conduct • Personal Appearance • Use of Equipment & Supplies • Use and Care of Vehicles • Time Records LEGAL DEFENSE • Time & Attendance • Sick Leave Abuse • Notification of Absences • Meal & Rest Periods • Unauthorized Work A well-written Employee Handbook can be of great assistance in defending legal actions based on the employment relationship. For example, in Sexual Harassment cases, the Employee Handbook may be able to prove that the Town took proactive and preventative action against sexual harassment in the workplace. SCOPE OF SERVICES EMPLOYEE HANDBOOK — PSHRC will develop and implement an Employee Handbook for the Town of Wappinger. The specific professional services to be provided by PSHRC will include: 1. Review current employee benefits, personnel policies, procedures, practices and collective bargaining agreement(s). 2. Attend one meeting on-site at the Client's location to interview designated Town personnel to review current policies and procedures and established past practices, and to ascertain needs and make recommendations for additions and modifications to such policies, procedures and practices. 3. Produce an executive draft of Employee Handbook for review by appropriate Town representatives. This draft will include content as represented above, customized to the Town's specific circumstances. 4. Produce one master copy of the finalized Employee Handbook. Bulk printing of the Employee Handbook is not included in this proposal. Town of Wappinger— Employee Handbook Proposal Pag Packet Pg. 22 5. Provide unlimited telephone I e-mail support with respect to implementation, application and questions on the Employee Handbook, for a period of one year from the signing of the Employee Handbook Agreement. 6. Provide updates when requested by the Town or when a compliance change occurs, at no additional cost, for a period of one year from the signing of the Employee Handbook Agreement. FEE FOR PROFESSIONAL SERVICES The fee for the development and implementation of an Employee Handbook for the Town of Wappinger will be $6,500. Additionally, the Town of Wappinger will be responsible for reimbursing PSHRC for travel expenses (limited to mileage and tolls) directly related to providing services detailed in this N proposal. The mileage rate that will be charged shall be the IRS mileage rate in effect at the time o of travel. u U 'a �d[�G 'j �r Town of Wappinger— Employee Handbook Proposal Employee Handbook Sample Table of Contents 100 INTRODUCTION 101 Welcome message 102 Our Heritage 103 Definitions 104 The Purpose of this Employee Handbook 200 EMPLOYEE CLASSIFICATIONS 201 Full -Time Employees 202 Part -Time Employees 203 Temporary Employees 204 Seasonal Employees 205 FLSA Exempt Employees 206 FLSA Non -Exempt Employees 300 THE CIVIL SERVICE SYSTEM 301 The Unclassified and Classified Services 302 Civil Service Appointments 303 Examinations and Promotions 304 Veteran's Credits 400 EMPLOYMENT MATTERS 401 Oath of Office 402 Procedure for Filling Vacancies 403 Probationary Period 404 Performance Appraisal 405 Corrective Action and Discipline 406 Civil Service Law Section 75 407 Code of Ethics 408 Personnel File 409 Separation of Employment 500 OPERATIONAL POLICIES 501 Departmental Hours 502 Emergency Situations 503 Meal and Rest Breaks 504 Breaks for Nursing Mothers 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 600 601 602 603 604 605 606 Time Records Expense Reimbursement Vehicle Usage Driver's License Supplies, Tools and Equipment, and Fuel Usage Telephone 1 Cell Phone Usage Computer Systems and Internet/On-Line Service Social Media Personal Appearance Solicitations/Distributions Visitors Purchasing 1 Credit Cards Maintenance of Work Area Personal Property Town Property Unauthorlaed Work Outside Employment ABSENCE POLICIES Attendance .fury Duty Leave Bereavement Leave Military Leave and Military Leave of Absence Leave for Cancer Screening Family and Medical Leave Policy 700 COMPENSATION 701 Wage and Salary 702 Overtime 1 Compensatory Time 703 Out -of -Title Pay 704 Call-in Pay 705 Pay Period and Check Distribution 706 Payroll Deductions 707 Deferred Compensation Plan 800 EMPLOYEE BENEFITS 801 Holidays 802 Vacation Leave 803 Sick Leave 804 Personal Leave 0 W W U W a Y O O O Q E w 0 E E O U 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 900 901 902 903 904 905 906 907 908 Disclosure of Insurance Benefits Medical Insurance Medical Insurance Buy-out Medical Insurance for Retirees Dental Plan Prescription Drug Plan Optical Plan Continuation of Health Insurance Benefits (COBRA) Section 125 Pian Short -Term Disability Benefits Workers' Compensation Benefits Unemployment Benefits Social Security The New York State Employees' Retirement System Education Assistance Employee Assistance Program COMPLIANCE POLICIES Equal Employment Opportunity The Americans with Disabilities Act Pregnant Workers Fairness Act Non -Discrimination and Harassment (Including Sexual Harassment) Workplace Violence Prevention Drug -Free Workplace Controlled Substance and Alcohol Testing Smoking 1000 SAFETY 1001 Workplace Safety 1002 Hazard Communication Program 1100 COMMUNICATION PROCEDURES 1101 Organizational Communications 1102 Adverse Communications 1103 Suggestions 1104 Public Relations 1105 Reporting of Improper Activities (Whistleblower) 1200 DISPUTE RESOLUTION 1201 Dispute Resolution Procedure W c 0 W 0 0 U 'a Y 0 0 c m m 0 Q E W i= 0 0 E E 0 U Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-110 Meeting: 09/14/23 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 Chris Phillips as the Climate Smart Communities Coordinator. HISTORY: 08/21/23 Town Board TABLED RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Next: 09/14/23 Updated: 9/14/2023 8:42 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2023-97 Meeting: 09/14/23 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 September 14, 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 Next: 08/21/23 08/21/23 Town Board TABLED Next: 09/14/23 RESULT: TABLED [UNANIMOUS] Next: 9/25/2023 7:00 PM MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 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 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2023-112 Meeting: 09/14/23 07:00 PM Department: Town Clerk Category: Special Districts Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 6004 Resolution Authorizing Water Tenancy Agreement For 693 Wheeler Hill Road (O'Donnell Family LP) WHEREAS, the O'Donnell Family Limited Partnership ("Owner") own a a vacant residential lot at 693 Wheeler Hill Road in the Town of Wappinger; and WHEREAS, the existing well has insufficient capacity to supply the property and the yield from the well does not meet the requirements of the Dutchess County Sanitary Code; and WHEREAS, the Owner has requested to enter into a tenancy agreement for the supply of water from the United Wappinger Water District ("UWWD") to serve its property at 693 Wheeler Hill Road until such time as the United Wappinger Water District is extended to include their property; and WHEREAS, the connection of the Property to the UWWD water main located in Old Hopewell Road is as a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5 (c) (11); and WHEREAS, the Attorneys to the Town drafted a Water Tenancy Agreement to supply water to the property; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines that: 1) The Project is a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5 (c) (11). 2) The Town Board hereby approves the Water Tenancy Agreement with the Owner in the form attached hereto. 3) The Town Board hereby authorizes and directs a majority of the Town Board to sign the Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11). 4) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Town Clerk. 5) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Water Department and the Building Department. RESULT: TABLED [4 TO 11 Next: 1/1/2025 12:00 AM MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: William H. Beale, Angela Bettina, Christopher Phillips, Al Casella NAYS: Richard Thurston Updated: 9/11/2023 1:39 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2023-113 Meeting: 09/14/23 07:00 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6005 Resolution Authorizing Water Tenancy Agreement For 640 Wheeler Hill Road (O'Donnell Family LP) WHEREAS, the O'Donnell Family Limited Partnership ("Owner") own a single family residence and a vacant residential lot at 640 Wheeler Hill Road in the Town of Wappinger; and WHEREAS, the well has insufficient capacity to supply both properties and the yield from the shared well does not meet the requirements of the Dutchess County Sanitary Code and both properties frequently lack water; and WHEREAS, the Owner has requested to enter into a tenancy agreement for the supply of water from the United Wappinger Water District ("UWWD") to serve their property at 640 Wheeler Hill Road until such time as the United Wappinger Water District is extended to include their property; and WHEREAS, the connection of the Property to the UWWD water main located in Old Hopewell Road is as a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5 (c) (11); and WHEREAS, the Attorneys to the Town drafted a Water Tenancy Agreement to supply water to the property; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines that: 1) The Project is a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5 (c) (11). 2) The Town Board hereby approves the Water Tenancy Agreement with the Owner in the form attached hereto. 3) The Town Board hereby authorizes and directs a majority of the Town Board to sign the Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11). 4) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Town Clerk. RESULT: MOVER: SECONDER: AYES: NAYS: TABLED [4 TO 11 Al Casella, Councilman Next: 1/1/2025 12:00 AM Christopher Phillips, Councilman William H. Beale, Angela Bettina, Christopher Phillips, Al Casella Richard Thurston Updated: 9/11/2023 1:42 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-114 Meeting: 09/14/23 07:00 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 6006 Resolution Authorizing Memorandum Of Understanding With Regency Homeowners' Association WHEREAS, the developer of Regency at Wappinger entered into an Agreement for a Temporary Water Connection to the United Wappinger Water District to permit the use of water for irrigation purposes during construction; and WHEREAS, construction at Regency at Wappinger has been completed and the Regency Homeowners' Association ("RHOA") wishes to establish an agreement with the United Wappinger Water District ("UW VD") for the use of water for the common areas owned by the RHOA including for irrigation; and WHEREAS, the RHOA has prepared and implemented a water conservation plan for its irrigation system to reduce its water usage; and WHEREAS, the RHOA and the UWWD have developed a Memorandum of Understanding ("MOU") for the use of water for irrigation on a more permanent basis now that the RHOA has taken over operation of the common area; and WHEREAS, the MOU will replace and supersede the Temporary Water Connection Agreement with Toll; NOW THEREFORE, BE IT RESOLVED: 1) The Town Board hereby approves the Memorandum of Understanding with RHOA in the form attached hereto. 2) The Town Board hereby authorizes and directs the Supervisor to sign the MOU on behalf of the Town Board and the UWWD. 3) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be provided to the Water & Sewer Department and Building Department to establish the necessary water account. 4) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Town Clerk and the records of the Building Department. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 9/11/2023 1:48 PM by Joseph P. Paoloni Page 1 DRAFT MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (herein "MOU" or "Agreement") is made and entered into this xx th day of September, 2023, by and between the United Wappinger Water Improvement District, a [municipal corporation] (herein "UWWD") and The Regency at Wappinger Homeowner's Association (herein "RHOA"). (Individually, a "Party" or collectively the "Parties"). WHEREAS, Toll Brothers Inc. (herein "Toll") developed an active adult 55+ community in Wappinger known as the Regency at Wappinger (herein "Regency" or the "Site"); and WHEREAS, Toll contracted with the UWWD to purchase water for irrigation of the Site (hereinafter the "Irrigation System") at UWWD commercial rates pursuant to a Temporary Agreement for Temporary Connection to the United Wappinger Water District dated August 4, 2014 (hereinafter the "WPA") . Although the WPA has expired. the Parties continued to allow for the operation of the Irrigation System under the terms and conditions of the WPA; and WHEREAS, it is the policy of the UWWD to encourage customers to undertake water conservation efforts and, working with the UWWD, the RHOA implemented an extensive water conservation plan (hereinafter the "Plan") to conserve water usage by the Irrigation System at the Site. The UWWD agreed that the Plan conserved water usage while allowing Regency residents to maintain general appearance and health of lawn areas. A copy of the Plan is attached hereto and incorporated herein as Exhibit A; and WHEREAS, based on the guarantee and condition subsequent of the RHOA that it will continue its conservation efforts at least in compliance with Exhibit A, the Parties have agreed to the following terms and conditions for commercial irrigation of the Site; and WHEREAS, the Parties desire to enter into this MOU to set forth and memorialize the rights and obligations of the RHOA. NOW, THEREFORE, the parties mutually agree as follows: 1. The new water rate shall be $40/1000CF per quarter for the first 600,000CF of water used. Any amounts of water consumption in excess of 600,000CF 1 shall be billed by the UWWD at the rate of $45/1000CF per quarter (herein the "Conservation Rate"). a. The old WPA commercial rate of $90/1000CF per quarter is eliminated b. The Conservation Rate shall be applied to residential and common grounds irrigation purposes only. 2. The RHOA shall implement the Plan at all times during which the Irrigation System is being used to irrigate the Site. 3. Failure of the RHOA to implement the Plan at any time shall be grounds for termination of this MOU and cause the water rates to revert back to the commercial rates established under the WPA. Should RHOA failure to implement the Plan arise from cause associated with a mechanical failure of the Irrigation System, the RHOA shall have 45 days within which to cure such failure. 4. To the extent that the UWWD shall declare a drought emergency (of any nature) or some other water emergency, the RHOA shall suspend the Plan immediately during the term of any such emergency. 5. The RHOA shall submit during periods of Irrigation System usage, monthly written reports on the implementation of the Plan to: the UWWD, attention Camo Pollution Control (Camo); the Town of Wappinger Water Department; and the Supervisor, Town of Wappinger. 6. The initial Term of this MOU shall be through December 31, 2024 and the term may be renewed for additional 2 -year terms so long as a Party is not in an uncured breach. 1. The Parties agree to review at least once annually the Conservation rates. 2. After the initial Term, the water rates may be increased by the UWWD in accordance with other residential rate increases throughout the UWWD. 7. The RHOA shall advise both Camo and the Wappinger Water Department immediately upon learning of any issues that may be of concern. 8. Except as otherwise provided in this MOU, and provided that the RHOA is in compliance with all of its obligations. responsibilities, and representations under this MOU, the UWWD agrees to adhere to responsibilities and obligations. 9. The UWWD/Camo shall assist from time -to -time the RHOA in developing additional strategies to conserve water usage. 2 10.The President of the RHOA is hereby designated as being the principal and representative of the RHOA authorized to act in its behalf with respect to the work, services, responsibilities, and obligations specified herein and make all decisions in connection herewith. I I .The Town Supervisor or such other person to be appointed by the Town Board is hereby designated as being the representatives of the Town and UWWD for the purposes of this MOU. 12.The RHOA agrees to indemnify the Town and the UWWD, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities including paying any legal costs, attorneys fees, or paying any judgment (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work or services of the RHOA, its agents, employees, sub- contractors of the RHOA, or invitees, provided for herein, or arising from the negligent acts or omissions of the RHOA hereunder, or arising from the RHOA' S negligent performance of or failure to perform any term or provisions hereof. 13.The RHOA shall keep accurate records of Plan implementation. Said records to be available to TOW upon request at reasonable times. The RHOA shall keep said records for not less than seven (7) years. 14. Notices. Unless otherwise notified in writing, notices shall be addressed as follows: To UWWD/TOWN OF WAPPINGER: Town Supervisor 20 Middlebush Road, Wappingers Falls, NY 12590 To RHOA: President xxxxxxxxxxxxx 15. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 16.. It is understood that there are not oral agreements between the Parties affecting this MOU and this MOU supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, 3 between the parties, and none shall be used to interpret this MOU. This MOU may be amended at any time by the mutual consent of the Parties by an instrument in writing. 17. Severability. In the event that part of this MOU shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this MOU which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this MOU meaningless. 18. Waiver. No delay or omission in the exercise of any right or remedy by non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this MOU. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. 21 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 DEFEATED RESOLUTION 2023-103 Meeting: 09/14/23 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. HISTORY: 08/21/23 Town Board TABLED RESULT: DEFEATED [2 TO 31 MOVER: William H. Beale, Councilman SECONDER: Richard Thurston, Supervisor AYES: Richard Thurston, William H. Beale NAYS: Angela Bettina, Christopher Phillips, Al Casella Next: 09/14/23 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 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-115 Meeting: 09/14/23 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 6009 Resolution Acknowledging Hiring Of A New Employee In The Highway Department WHEREAS, the Highway Superintendent of the Town of Wappinger has hired Mark Murphy as a Motor Equipment Operator, starting September 5, 2023; and WHEREAS, this position is non-competitive; and WHEREAS, the appointment is subject to a probationary term of not less than eight nor more than twenty-six weeks in accordance with the rules of the Dutchess County Department of Human Resources, and WHEREAS, 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; WHEREAS, Mark Murphy shall be paid at the rate of hourly wage $30.71 with an overtime rate of $46.06; therefore be it RESOLVED, that the Town Board of the Town of Wappinger acknowledges the hiring of Mark Murphy in the Highway Department, and be it further RESOLVED, that Mark Murphy shall be paid in accordance with the collective bargaining agreement between the Town of Wappinger and the CSEA, Local 1000 AFSCME, AFL-CIO, Town of Wappinger Unit 6673, Dutchess County Local 814, and be it further RESOLVED, that the Town of Wappinger Department of Human Resources shall file the paperwork necessary to effectuate this appointment with the Dutchess County Department of Human Resources and any other required agency. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 9/11/2023 1:58 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-116 Meeting: 09/14/23 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 6010 Resolution Acknowledging Hiring Of Armed Court Attendant WHEREAS, the Town Court Clerk has recommended the hiring of Mark Cassidy, a NYS Office of Court Administration Court Attendant to provide court security and screening; and WHEREAS, the person recommended by the Town Court Clerk maintains peace officer status pursuant to Criminal Procedure Law § 2.10(21)(a) and is qualified to serve in the position in accordance with the civil service rules of the Dutchess County Department of Human Resources; and WHEREAS, this position is considered non-competitive class; WHEREAS, the Town Court Clerk has recommended that the pay for the Court Attendant be set at $35.00 per hour, for a 4 hour minimum; and WHEREAS, the Town Board has appropriated sufficient funding in the 2023 Budget for this Armed Court Attendant position; therefore be it RESOLVED that the Town Board, upon the recommendation of the Town Court Clerk, appoints Mark Cassidy as Armed Court Attendant; and be it further RESOLVED that Mark Cassidy be paid from the 2023 budget line Al 110.0106. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 9/14/2023 8:47 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-117 Meeting: 09/14/23 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 6011 Resolution Acknowledging Hiring Clerk To The Town Justice WHEREAS, pursuant to Town Law § 20 and Uniform Justice Court Act § 109, the Town Board shall provide such non judicial personnel for the Town Justice Court as is necessary; and WHEREAS, the Clerks of the Court are employed only upon the advice and consent of the Town Justices pursuant to Town Law § 20; and WHEREAS, this position is considered Civil Service Exempt Class; and WHEREAS, the Town Justices recommend the hiring of Nicole Williams to the position of Clerk to the Justice; now, therefore BE IT RESOLVED, that the Town Board, with the consent of the Town Justices, hires Nicole Williams to the position of Clerk to the Justice with her compensation at the rate of $20.66 per hour; and BE IT FURTHER RESOLVED, that the above appointment is an Exempt Civil Service Position in accordance with the rules of the Dutchess County Department of Human Resources; and BE IT FURTHER RESOLVED, that the above appointment is subject to the approval of the Dutchess County Department of Human Resources and are further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources; and BE IT FURTHER RESOLVED, that all necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources; and BE IT FURTHER RESOLVED, that the Clerk to the Justice shall file with the Office of Court Administration any documentation necessary to effectuate the intent of this Resolution. BE IT FURTHER RESOLVED, that this Resolution shall take effect September 181h RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Richard Thurston, Al Casella SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 9/14/2023 8:45 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2023-118 Meeting: 09/14/23 07:00 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6001 Resolution Authorizing Revocable License Agreement To Maintain Structures Within Utility Easement WHEREAS, Joseph and Tina Blondin own a single-family residence at 27 Miracle Circle in the Town of Wappinger that is subject to a utility easement; and WHEREAS, at the time the Blondins purchased the property, their title insurance policy did not show the limitations of the utility easement on the property that prevented erecting structures within the easement; and WHEREAS, since purchasing the property, the Blondins have erected a fence and a playset within the easement, and they seek written permission from the Town Board to have those structures within the easement as provided by the easement; and WHEREAS, the Blondins have advised that they are willing to remove the fence and playset temporarily any time that access to the easement area is required to maintain the utilities at their own cost and expense; and WHEREAS, the Town Board has determined that it is in the best interest of the property owners and the Town to enter into a revocable license agreement that has been drafted by the parties; WHEREAS, granting the revocable license has no effect on the environment and is not subject to SEQR; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines that: 1) The Town Board hereby approves the Revocable License with the Owner in the form attached hereto. 2) The Town Board hereby authorizes and directs the Supervisor to sign the Revocable License Agreement on behalf of the Town. 3) The Town Board hereby directs that a copy of the executed Revocable License be filed in the records of the Town Clerk, Planning Department, and Building Department. RESULT: TABLED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Next: 1/1/2025 12:00 AM Updated: 9/11/2023 1:12 PM by Joseph P. Paoloni Page 1 HERMAN A. LEVINE (1911-2003) ROBERT S. LEVINE DALE J. LOIS* NIKI PAGONES QUINN JOHN T. SHABAN* MEGHAN B. MOSSEY ASSOCIATE ROBERT P. CUSUMANO OF COUNSEL *ADMITTED IN NY & CT EVINE & LEVINE, PLLC ATTORNEYS AT LAW 2 JEFFERSON PLAZA, SUITE 100 POUGHKEEPSIE, N.Y. 12601 (845) 452-2350 FAX (845) 473-2200 SOUTHERN „DUTCHESSITITOFFICE: 2610 SOUTH AVENUE WAPPINGERS FALLS, N.Y. 12590 (845) 298-9360 PARALEGALS: SUZANNE MARICONTI BARBARA F. NICOLIS LISA BUGLIONE SUE RICCARDI COLLEEN TAYLOR PATRICIA GUNN ANGELA MCLAUGHLIN GENERAL E-MAIL ADDRESS: A„DMINISTRAT,OR�q),LEVINELEVINEL,A,W COM W.LEVINELEV,I„N„ELAW.COM August 24, 2023 Town Board of Wappingers Falls 20 Middlebush Road Wappingers Falls, New York 12590 By Email to James P. Horan, Esq. Re: Joseph and Tina Blondin, 27 Miracle Circle, Wappingers Falls, NY Myers Corners Landing Subdivision Map #12662 To the Town Board of Wappingers Falls: We are herein requesting permission on behalf of our clients, Joseph and Tina Blondin, to have the fence structures currently located on their property remain on the property although the fence structures, or a portion thereof, are or may be located in easement areas. I attach hereto a survey of the property showing a rough location of the fences. Please advise as to whether this request will be agreed to, and if so, please forward an agreement to reflect same for our review. Further, it is our understanding that Robert Macho is endeavoring to place a water line in one of the easement areas. Please advise which lot in the Myers Corners Landing Subdivision is benefitting from this water line. Looking forward to hearing from you. Very truly yours, NI PAGONE QUINN, Esq /ne Copy: James P. Horan, Esq. - Town Attorney Joseph and Tina Blondin Please respond to Poughkeepsie office unless otherwise directed a a 6.10,a 9-7 t � REPUTED WATER WATER FIRE VALVE MAIN HYDRANT L REPUTED NijT l CLE SEWER co S CIRCLE' SEWER MAHOLE_— CATCH i°— 182 _ _ ,, BASIN r w L=7.91' (TYP) E �R=25.00' REPUTED g`L 184 Q WATER0• A \ (BLACKTOP SNOW SERVICE � `. -� 11 DRIVEWAY EASEMENT ATCHED AREA) REPUTED SEWER SERVICEcA�' 1 " I / ° CONCRETE WALK 0 1\ LOT NO. 8 N CLEANOUT / 1, MEYERS CORNERS LANE \ FILED MAP NO. 1266 / 22 2 STORY 1 1 Q LOT NO. 6l � II FRAME 1 pcp 0 RS CORNERS LANDING I ! 0 ED MAP NO. 12662 ,•,/ �, / _ \ 1 / / \ WOOD\ 182\ 00 r / \ � DECK 1 /F OOR 12 I D AIN �� o DRAINAGE / /EL= 77.4' N co & UTILITY EASEMENT / I CE — \ L — 'T 8o J ® 59' S77'13'09"W X55 6.78' o I m i E Q / Packet Pg. 66 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-119 Meeting: 09/14/23 07:00 PM Department: Town Clerk Category: Procedures Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 6002 Resolution Adopting Town Of Wappinger Covid Policy WHEREAS, the Town of Wappinger is committed to the health and safety of our employees and visitors to Town facilities; and WHEREAS, the Town of Wappinger adopted a COVID policy during the beginning of the pandemic but changes to the disease require that the policy be updated; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Town Board hereby adopts the Town of Wappinger COVID POLICY which is annexed hereto and shall be made a part of the minutes of this Meeting. 2. The Town Clerk is directed to file a certified copy of this resolution together with the annexed Town of Wappinger COVID POLICY 3. The Town Board directs that every employee of the Town shall be provided with a copy of the Town of Wappinger COVID POLICY and they shall sign a form that they have received and reviewed a copy of said policy. 4. Any prior Town of Wappinger COVID POLICY is hereby superseded. 5. The new Town of Wappinger COVID POLICY Program shall take effect immediately. RESULT: ADOPTED [3 TO 21 MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Richard Thurston, William H. Beale, Al Casella NAYS: Angela Bettina, Christopher Phillips Updated: 9/11/2023 1:14 PM by Joseph P. Paoloni Page 1 Town of Wappinger COVID-19 Employee Exposure and Isolation Policy Update The health and safety of all Town of Wappinger employees is the Town's highest priority. TOW recognizes that COVID-19 can be very contagious. Purpose and Intent This policy is primarily focused on policies and processes to mitigate the spread of COVID-19 in the workplace and to protect ourselves, and our communities, from severe illness from COVID-19. With the recent increase in COVID-19 cases the Town Board of the Town of Wappinger reminds employees of the current CDC Guidelines for confirmed positive cases of COVID-19 and known COVID-19 exposures. If you are exposed to COVID-19 Anybody exposed to a COVID-19 positive case means they have been within 6 feet of the positive case for 15 minutes or more within a 24 hour period. Pursuant to CDC guidance, asymptomatic individuals, regardless of vaccination status, are not required to quarantine, even following a known exposure to someone with COVID-19. You will be required to wear a high quality mask for 10 days whenever around others. If you exhibit symptoms, you will be required to isolate at home until you receive your test results. The Town has the flexibility to allow the employee to work remotely or isolate at work away from others, and the Town will consider this until it receives the test results. This will be on a case-by-case basis and determined by the Town Supervisor as recommended by the employee's department head. If your test results are negative for COVID-19, you will be required to use your accrued sick time and the Town will not apply COVID-19 pay. If you test positive for COVID-19 If you test positive (a proof of positive case from a medical provider is required), regardless of vaccination status, you must isolate immediately, but may come back to work after 5 days if you are asymptomatic or have mild symptoms. You must then strictly wear a mask for the next 5 days. The Personnel Administrator will be in contact with you upon notice of results. Employees who test positive and are subject to a mandatory or precautionary quarantine/isolation order for COVID-19 may be eligible for up to 14 days of COVID-19 paid sick leave. If an employee is quarantined but able to work from home they do not qualify for COVID-19 paid sick leave. Employees should reference the "COVID-19 Telecommuting Policy" that was adopted by Resolution 2021-29 for information regarding working from home. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-120 Meeting: 09/14/23 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: 6008 Proclamation of Hispanic Heritage Month in the Town of Wappinger Whereas, the Bureau of the Census, in the 2020 Census Report, estimates the Hispanic/Latinx population living in Dutchess County at more that 42,000 people, or 35% of the total population of the County; and Whereas, under the 2020 Census, there were close to 4,500 or more Hispanic/Latinx residents in the Town of Wappinger, equating to approximately 16% of the Town's population, which represents a significant growth over the 2010 Census; and Whereas, Hispanic/Latinx-owned businesses represent the fastest growing segment of small businesses in the United States, with Hispanic/Latinx-owned businesses growing at more than 15 times the national rate; and Whereas, as of August 2018, more than 28,000,000 Latinx workers represented 17% of the total civilian labor force of the United States, and as a result of Latinx experiencing the fastest population growth of all race and ethnic groups in the Unites States, the rate of Latinx participation in the labor force is expected to grow to 20% by 2024, accounting for one-fifth of the total labor force; and Whereas, Hispanic/Latinx Americans serve in all branches of the Armed Forces and have fought bravely in every war in the history of the United States; and Whereas, as of August 2019, at least 688 fatalities in Iraq and Afghanistan were members of the Armed Forces who were Hispanic/Latinx; and Whereas, Hispanic/Latinx Americans harbor a deep commitment to family and community, an enduring work ethic, and a perseverance to succeed and contribute to society. Now, therefore be it Resolved, that the Town Board of the Town of Wappinger recognizes the celebration of Hispanic Heritage Month from September 15, 2023, through October 15, 2023; be it further Resolved that the Town Board of the Town of Wappinger recognizes the integral role of Hispanic/Latinx peoples and the manifold heritages of Hispanic/Latinx peoples in the economy, culture, and identity of the Wappinger community; be it further Resolved that the Town Board of the Town of Wappinger urges the people of the Town of Wappinger to observe Hispanic Heritage Month with appropriate programs and activities that celebrate the contributions of the Hispanic/Latinx people to the Town of Wappinger. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 9/11/2023 1:54 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-121 Meeting: 09/14/23 07:00 PM Department: Town Clerk Category: Budget Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 6007 Resolution Scheduling Town Board Meetings to Adopt Budgets for Fiscal Year 2024 WHEREAS, the Town Supervisor, as Budget Officer, pursuant to § 106 of the Town Law, must prepare the Tentative Budget for the Town of Wappinger for delivery the Town Board for review, examination and possible revision; and WHEREAS, Town Law § 106 requires the Budget Officer of the Town to submit the Tentative Budget to the Town Clerk on or before September 30; and WHEREAS, Town Law §106(3) requires the Town Clerk to deliver the Tentative Budget to the Town Board at a regular meeting on or before October 5; and WHEREAS, New York State Town Law § 108 requires that the Town Board must hold a public hearing on the Preliminary Budget on or before the Thursday immediately following the general election in November; and WHEREAS, Town Law requires the adoption of a Final Budget on or before November 18, 2023; and WHEREAS, in order to accomplish the Budget Adoption Schedule set forth in Article 8 of the Town Law, the Town Board hereby establishes the following tentative schedule of Town Board Meetings set forth below, reserving unto itself the right to change the scheduled meetings if circumstances require. NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby schedules the following meetings of the Town Board to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, commencing at 7:00 p.m. on the following dates for the purpose of examining, discussing, deliberating, and adopting the Town Budget for fiscal year 2024, reserving unto itself the right to change the scheduled meetings if circumstances require. Regular Town Board Meeting September 25, 2023 • Adopt Resolution Accepting Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2024 and Setting a Public Hearing on October 23, 2023 to Hear Any Objections Thereto; • Adopt Resolution Setting Public Hearing for October 23, 2023 on the Proposed O&M Charges, and Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2024 and to Hear Any Objections Thereto; Updated: 9/14/2023 9:08 PM by Joseph P. Paoloni Page 1 Resolution 2023-121 Meeting of September 14, 2023 Special Town Board Meeting Wednesday October 4, 2023 at 7:30PM Town Clerk to deliver Tentative Budget to the Town Board in accordance with Town Law § 106; Regular Town Board Meeting Tuesday, October 10, 2023 Budget Discussions Regarding the following departments: • Water and Sewer Districts and Improvement Areas • Drainage Districts • Highway • Buildings and Grounds; • Recreation, Parks, and Senior Center Regular Town Board Meeting Monday, October 23, 2023 • Open Public Hearing on Proposed Benefit Assessment Rolls for Special Improvements and Special Improvement Areas; • Adopt Final Benefit Assessment Rolls for Special Improvements and Special Improvement Areas; • Open Public Hearing for Budgets for Operation and Maintenance Charges, Water Rates and Sewer Rents for Special Improvement Districts and Special Improvement Areas; • Adopt O&M Charges and Water/Sewer Rates and Rents for Special Improvement Districts/Improvement Areas for Fiscal Year 2024; Budget Discussions Regarding the following departments: • Supervisor and Town Board • Accounting • Code Enforcement • Justice Court • Tax Receiver • Assessor • Town Clerk • Animal Control Human Resources "Wrap Up" • Adopt Preliminary Budget for Fiscal Year 2023 and Schedule Public Hearing on Preliminary Budget for November 9, 2023; Special Town Board Meeting Thursday, November 9, 2023 • Open Public Hearing on Preliminary Town Budget; Updated: 9/14/2023 9:08 PM by Joseph P. Paoloni Page 2 Resolution 2023-121 • Adopt Annual Budget for Fiscal Year 2024. • May be adjourned until November 17, 2023. Meeting of September 14, 2023 BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to provide notice to the public of the meetings established by this Resolution in accordance with Town Law, the Town of Wappinger Code and the Rules of Procedure of this Board. The Town Clerk is further directed to post this Resolution, together with all Notices of Public Hearings on the sign board maintained RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 9/14/2023 9:08 PM by Joseph P. Paoloni Page 3 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-122 Meeting: 09/14/23 07:00 PM Department: Town Clerk Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Councilman William H. Beale DOC ID: 6003 Resolution Opposing Delivery Rate Increases By Central Hudson Gas And Electric Corporation WHEREAS, Central Hudson Gas & Electric Corporation ("Central Hudson") has applied to the New York State Public Service Commission for increases in its electricity delivery rates and its natural gas delivery rates effective July 1, 2024; and WHEREAS, Central Hudson seeks a rate increase for electric delivery charges that would result in an increase in the monthly bill of $30.12 (31.9% increase on the delivery bill, or 16.4% increase on the total bill) for an average residential customer using 660 kWh per month; and WHEREAS, Central Hudson seeks a rate increase for gas delivery charges that would result in an increase in the monthly bill of $30.13 (29.2% increase on the delivery bill, or 19.0% increase on the total bill) for an average residential customer using 780 Ccf per year; and WHEREAS, Central Hudson has stated that the rate increases are justified due to increases in capital investment mainly associated with the replacement of aging infrastructure; increased labor expense; continued and enhanced low income, energy efficiency and heat pump programs; increases due to capitalization and financing costs; and timely recovery of costs associated with responding to major storms and extreme weather. WHEREAS, customers in a typical home or small business will be experiencing increases in the electric and natural gas delivery bills at a time when many are continuing to experience extraordinary financial hardships due to inflation; and WHEREAS, Central Hudson's area of service includes the Town of Wappinger, and Central Hudson's proposed rate increases will cause unnecessary hardship for residents of the Town of Wappinger, particularly those with fixed or limited incomes, as well as placing an additional financial burden on the Town's taxpayers as the Town's own facilities are served by Central Hudson; and WHEREAS, the proposed rate increases will place additional economic strains on small businesses and employers in the Town of Wappinger and discourage economic development and recovery; and WHEREAS, upon consideration, the Town Board finds that such rate increases place an undue financial burden on residents, businesses and local governments, including the Town of Wappinger, and discourage further commercial and industrial development in our region; NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby oppose the rate increases for delivery of electricity and natural gas for which Central Hudson Gas & Electric Corporation has applied; and BE IT FURTHER RESOLVED that certified copies of the Resolution be delivered by the Town Clerk to the Hon. Michelle L. Phillips, Secretary, New York State Public Service Commission, Pat Ryan, the Hon. Rob Rollison, Senator for the 39th District, the Hon. Anil Beephan, Jr., Assemblyman for the 105th District, and to the chief executives of surrounding municipalities served by Central Hudson; and BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. Updated: 9/18/2023 1:29 PM by Joseph P. Paoloni Page 1 Resolution 2023-122 Meeting of September 14, 2023 RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 9/18/2023 1:29 PM by Joseph P. Paoloni Page 2 Cases 23-E-0418, 23-G-0419 STATE OF NEW YORK DEPARTMENT OF PUBLIC SERVICE July 31, 2023 SUBJECT: Proposed Major Revenue Increases for Rate Year Ending June 30, 2025 Case Nos.: 23-E-0418, 23-G-0419 Utility: Central Hudson Gas & Electric Corporation Date Filed: July 31, 2023 Final Suspension Date: June 30, 2024 Electric Service Central Hudson Gas and Electric Corporation (Central Hudson or the Company) is requesting an increase in annual electric delivery revenues of approximately $139.5 million' (31.6% increase in base delivery revenues, or 13.3% increase in total system revenues) compared to the revenues approved in Rate Year Three of the Company's current rate plan. The requested increase in electric delivery revenues results in a monthly bill increase of $30.12 (31.9% increase on the delivery bill, or 16.4% increase on the total bill) for an average residential customer using 660 kWh per month. The major drivers of the electric revenue request include increases related to capital investment mainly associated with the replacement of aging infrastructure (24%); increased labor expense (21%); continued and enhanced low income, energy efficiency and heat pump programs (18%); increases due to capitalization and financing costs (13%); and timely recovery of costs associated with responding to major storms and extreme weather (11%). ' The calculation of the delivery revenue increase for the period July 1, 2024 through June 30, 2025 does not include the impact of the electric bill credits of $21.5 million, which will expire on June 30, 2024. 2 This increase reflects total system revenue as of March 31, 2023 plus Energy Service Company commodity revenue for 2023 and does not reflect the expiration of any current bill credits or changes in surcharges. Q Cases 23-E-0418, 23-G-0419 Gas Service Central Hudson is requesting an increase in annual gas delivery revenues of approximately $41.5 million3 (29.8% increase in base delivery revenues, or 14.2% increase in total system revenues) compared to the revenues approved in Rate Year Three of the Company's current rate plan. The requested increase in gas delivery revenues results in a monthly bill increase of about $30.13 (29.2% on the delivery bill, or 19.0% increase on the total bill) for an average residential heating customer using 780 Ccf per year. The major drivers of the gas revenue request include increases related to capital investment driven by the continued elimination of leak prone pipe (34%); increased labor expense (19%); increases due to capitalization and financing costs (19%); and continued and enhanced low income and energy efficiency programs (8%). The Company states its filing focuses on providing safe and reliable service by replacing and investing in infrastructure, facilitating and supporting New York State's environment mandates through Climate Leadership and Community Protection Act programs, responding to major storms and weather events, maintaining the Company's customer assistance programs, and increasing its workforce to support these initiatives. Further details on the rate filings can be found in the attached cover letter to the filings. Rate cases are a primary instrument of government regulation of these industries Interested persons may intervene and become parties in a utility company's rate case. Typical intervenors include: industrial, commercial and other large-scale users of electricity; public interest groups; representatives of residential, low-income and elderly customers; local municipal officials; and, dedicated advocacy groups. The applicable legal requirements require the Public Service Commission (PSC) to render a decision within 11 months after a major rate case is filed. Rate cases proceed in an entirely public and open process. 3 The calculation of the delivery revenue increase for the period July 1, 2024 through June 30, 2025 does not include the impact of the gas bill credits of $5.6 million, which expire on June 30, 2024. E Q Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-123 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Meeting: 09/14/23 07:00 PM Department: Town Clerk Category: Correspondence Prepared By: Joseph P. Paoloni Initiator: MinmeTraq Admin Sponsors: To -,Am Clerk Joseph P. Paoloni DOC ID: 6012 F -C orrespondence Log - 2--14 Angela Bettina, Councilwoman AYES: Number TO From Date Date Re c' Re: Agenda Date 0914-001 Town Board Richard Thurston 8122/2023 82312023 Letter to DC Deo of Emergency Response 9/14/2023 09-14-002 Town Board Lee Anne Freno 9/1/2023 91112023 August 2023 Realty Tax Report 9/14/2023 09-14-003 Town Board Deo, of Pudic Service 8J2312023 9/6,023 Central Hudson pro,posed increase 9/14/2023 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: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 9/11/2023 2:55 PM by Joseph P. Paoloni Page 1 0 / k 0 / 0 � k 04 m w w It* k k k 0 E \ k kN\\ a m c m c - o § Q / k \ & 0 \\\ m±= UJ ( 2 t k/CL ■ p ± § � o\\ 0 ■ � � C fk\ (D// C) m n n . $Oi / / / \ ■\ / 2\yo /// ■ / / N //k c e � 4) � � 0CL o 9 U) 0 5 ��\�\ � �\\ � \k� 0 7 s = R//0 ca /\/ (D _ & n / E E / =444 2--� \\\ 0 / k 0 / 0 � k 04 m w w It* k k k 0 E \ k TOWN SUPERVISOR Dr. Richard Thurston 20 MIDDLEBUSI-I ROAD WAPPINGERS PALLS, NY 12590 `TAW W.TOWNOF'WAPPINGER.US (845) 297.4158 - Main (845) 297-2744 - Direct (845) 297.4558 — Fax August 22, 2023 TOWN OF WAPPINGER Dutchess County Department of Emergency Response Attn. Commissioner Dana Smith 392 Creek Rd. Poughkeepsie, NY 12601 Commissioner Smith: TOWN BOARD William H. Beale Angela Bettina Chris Phillips Al Casella TOWN CLERK Joseph Paoloni HIGHWAY SUPERINTENDENT Michael Sheehan The Town of Wappinger understands the importance of immediate access to reliable and consistent advanced life support pre -hospital medical care and transport for our residents and visitors, twenty-four hours a day, seven days a week. Each year, taxpayers in this town invest hundreds of thousands of dollars to ensure that adequate resources are dedicated and available to respond to medical emergencies involving residents and visitors within the municipal boundaries of the Town of Wappinger. The Town of Wappinger also understands the importance and intent of the mutual aid process, whereby available resources can be provided to nearby jurisdictions, during limited or extenuating circumstances. Mutual aid is not designed to be a consistent or regular occurrence. Routine call review of emergency medical calls for service involving Town of Wappinger contracted ambulances indicates a steady increase in responses to Greenhaven Correctional Facility and Fishkill Correctional Facility. This escalation of requests for Town of Wappinger taxpayer -funded resources is a significant concern to this administration and Town Board of the Town of Wappinger. The Town of Wappinger is unable to continue providing town -contracted ambulance service to New York State Correctional Facilities. Therefore, as per the Town Board of the Town of Wappinger: Effective August 23, 2023, Town of Wappinger contracted ambulances will be deemed unavailable to respond to emergency medical calls at Greenhaven Correctional Facility and Fishlull Correctional Facility, with exception to a mass casualty incident or extreme calamity. Sincerely, Dr. Richard Thurston, Supervisor Town of Wappinger AUG 2 3 2023 'own of Wappinger Town Clerk RECEIVER OF TAXES Lee Anne Freno 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 NN'WWJOWN0FWAPPlNGERAJS (845) 297-4158 - Main (845) 297-4342 - Direct 1241;12914478 — Fax Office of the= Be r AUGUST 20223 REALTY TAX REPORT MHI"'M HK BEGIN. BANK BAL. 789280.91 Receipts/Deposits 397871.07 Interest 2810.55 Bank Error Other Total $ 1,189,962.53 Less Disbursements/Adjustments Checks Paid Returned Checks Bank Error Misc. ENDING BANK BAL. Less Pending Checks September interest to be paid ENDING BOOK BALANCE $ 1,189,962.53 (5,177.23) $ 1,184,78530 su—Ym ed by:,,. Lee Anne Freno, Receiver of Taxes SUPERVISOR Dr. Richard'Tburstmi TOWN BOARD William 11. Beale Angela Bettina Christopher Phillips A] Casella TOWN CLERK Joseph P. Paoloni HIGHWAY: UPERINTENDENT Michael Sheehan tam= -rown of wappinger Town Clerk -6 0 -j 4) U 0 0. M 2 0 L) coN N Q N rn 9 M N Q N E U M AUGUST 2023 REALTY TAX RECEIPTS A B C D E F G H I J 1OVR/DUP 1 DATE AMOUNT BATCH TAX PENALTY MEMO NOTICE INTEREST RETURNS 2 RECEIVED NO. FEE FEE PAYMENT CHECK FEE 3 4 8/4/2023 $ 89,349.87 137 $ 85,905.63 $ 3,436.24 $ 8.00 5 8/3/2023 $ 7,507.05 138 $ 7,225.27 $ 279.78 $ 2,00 6 8/8/2023 $ 4,188.61 139 $ 4,025.57 $ 161.04 $ 2,00 7 8/8/2023 $ 5.00 $ 5.00 8 8/11/2023 $ 9,613.61 140 $ 9,240,01 $ 369.60 $ 4.00 9 JULY REPORT 141 10 8/22/2023 $ 46,093.80 142 $ 44,313,27 $ 1,772.53 $ 8.00 11 8/28/2023 $ 71,370.54 143 $ 68,590.93 $ 2,741.61 $ 38,00 12 8/17/2023 $ 7,256.21 144 $ 6,973.29 $ 278.92 $ 4.00 13 8/29/2023 $ 138,006:93 145 $ 132,685.52 $ 5,307.41 $ 14.00 14 SEPTEMBER REPORT 146 15 8/31/2023 $ 22,140;$6 147 $ 21,281.53 $ 851.27 $ 8.00 $ 0.06 16 8/31/2023 $ 2,338.59 149 $ 2,246.72 $ 89.87 $ 2.00 17 Total $ 397,871.07 $ 382,487.74 $ 15,288.27 $ 5.00 $ 90.00 18 -i/31/2023-$— 2,810.55 ; $ 2,810.55 19 TOTAL 4 $ 400,681.62 4 $ 382,487.74 5 15,288.27 $ 5.00 $ 90.00 $ 0.06 1 $ 2,810.55 AUGUST 2023 REALTY TAX DISBURSEMENTS A B C D E F G H 2 DATE AMOUNT DCCF SUPERVISOR OVR/DUP CK. NO. 3 DISBURSED PAYMENT Public Service Commission R Department Rory M. Christian STATS Service05 Chair and �� Ub�1C 0 Chief Executive Officer 100* Diane X Burman Three Empire State Plaza, Albany, NY 12223-1350 www.dps.ny.gov Dear Community Leader/Elected Official: James S. Alesi Tracey A. Edwards �J fid' John B. Howard ?„e�1 David J. Valesky ' John B. Maggiore 90cornmissioners � August 11104\Iqo r� On July 31., 2023, Central Hudson Gas and Electric Corporation (Central Hudson) filed amendments to its electric and natural gas tariff schedules seeking approval from the New York State Public Service Commission (Commission) to increase its annual electric and natural gas delivery revenue to be effective July 1, 2024. Central Hudson serves the territories of Albany, Columbia, Dutchess, Greene, Orange, Putnam, Sullivan, and Ulster counties. Central Hudson is proposing to increase its electric delivery revenue by approximately $139.5 million (a 31.9 percent increase in base delivery revenues), and its natural ,gas delivery revenue by approximately $41.5 million (a 29,2 percent increase in base delivery revenues). Central Hudson's filing proposes to provide energy efficiency incentives and services, invest in infrastructure modernization, and maintain energy affordability while ensuring the continuation of safe, reliable, and resilient electric and gas systems. On September 12, and 20, 2023 the Commission will hold a series of virtual public statement hearings to seek input and comments from your community regarding the filed amendments. The enclosed announcement provides- detailed information on how to participate in the public statement hearing along with how to submit comments regarding the amendments. Information regarding the case, can be found at www.dps.ny.gov. From the homepage, click on "File Search". (located under the "Commission. Files") heading and enter the associated case numbers (23-E-0418) and (23-G-0419) in the "Search by Case Number" field. 6 0 J 0 Q W L 0 U M N . r M N O N U) W W 0 M N O 04r - E U M a I would appreciate your assistance with informing your constituents about these public statement hearings and encouraging them to provide comments. It is the Commission's intent to facilitate and . encourage active and meaningful participation throughout all its proceedings. We hope you will consider joining us. Regards, Richard Berkley Consumer Advocate and Director o Office of Consumer Services j U � o • Q L O U M N r M N O N W d' r 0 M N O i N V fC Q