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2023-10-23
Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5772 Monday, October 23, 2023 7:00 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:00 PM William H. Beale Town of Wappinger Councilman Present 7:00 PM Angela Bettina Town of Wappinger Councilwoman Present 7:00 PM Christopher Phillips Town of Wappinger Councilman Present 7:00 PM Al Casella Town of Wappinger Councilman Present 7:00 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 5:30 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of October 10, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IV. Public Hearings 1. Motion To: Open Public Hearing for Spec Dist Benefit Assements for 2024 Town of Wappinger Page I Printed 11/6/2023 Regular Meeting Minutes October 23, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella RESOLUTION: 2023-138 Resolution Adopting Final Benefit Assessment Rolls For Special Improvement Districts And Special Improvement Areas For Fiscal Year 2024 WHEREAS, the Town Assessor prepared proposed Benefit Assessment Rolls for all Special Improvement Districts and Special Improvement Areas in the Town of Wappinger, assessed on a benefit basis, for Fiscal Year 2024 and said proposed Benefit Assessment Rolls were filed with the Town Clerk as required by Town Law § 239; and WHEREAS, in accordance with Town Law § 239, the Town Board duly noticed and held a Public Hearing on October 23, 2023, to hear and consider any objections to said Benefit Assessment Rolls within the Town for use in Fiscal Year 2024; and WHEREAS, all interested persons were given the opportunity at the Public Hearing to challenge or contest such benefit assessment determinations; and WHEREAS, the Town Board has reviewed the proposed benefit assessment rolls within the Town for use in Fiscal Year 2024 and has determined that they were prepared in proper order. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts the Benefit Assessment Rolls as prepared by the Assessor subject to any corrections made by this Board, as the final benefit assessment rolls for the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger for Fiscal Year 2024. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2023-138 Yes/Aye No/Nay Abstain Absent D Adopted ........ El Adopted as Amended Richard Thurston Voter D ❑ ❑ ❑ ❑ DefeatedWilliam H. Beale ................. Mover D ❑ ❑ ❑ El Tabled Angela Bettina Seconder .................. D ❑ El❑ El Withdrawn Christopher Phillips .. Voter D ❑ ................ ❑ .................. ❑ Al Casella Voter D ❑ E'l ❑ Dated: Wappingers Falls, New York October 23, 2023 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 2 Printed 11/6/2023 Regular Meeting Minutes October 23, 2023 4. Motion To: Open Public Hearing to Hear Objections to Capital Budgets, O&M charges, and Water & Sewer Rates for 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 5. Motion To: Close Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella RESOLUTION: 2023-139 Resolution Adopting Capital Budgets, O&M Charges And Water/Sewer Rates And Rents For Special Districts And Special Improvement Areas For Fiscal Year 2024 WHEREAS, on September 25, 2023, the Town Board, pursuant to and in accordance with the provisions of Sections 198 and 202-a of the Town Law and other applicable provisions of law, scheduled a Public Hearing on the Proposed Capital Budgets and Proposed O&M Charges Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2024; and WHEREAS, the Town Board conducted a Public Hearing on October 23, 2023 at 7:00 p.m. and all parties in attendance were permitted an opportunity to speak on behalf or in opposition to the proposed Capital Budgets and proposed O&M Charges Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for the fiscal year 2024; and WHEREAS, the Town Board has taken into consideration the comments made by the public at the Public Hearing. NOW, THEREFORE, BE IT RESOLVED, that pursuant to and in accordance with the provisions of Sections 198 and 202-a of the Town Law and other applicable provisions of law, the annexed detailed statement of the Capital Budgets and O&M Charges Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement Areas of the Town of Wappinger is hereby approved and adopted as the Capital Budgets and O&M Charges Water/Sewer Rates and Rents of the Town of Wappinger for the fiscal year beginning January 1, 2024; and BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to enter the aforementioned budgets adopted herein in the minutes of the Town Board. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-139 D Adopted Yes/Aye No/Nay Abstain Absent Town of Wappinger Page 3 Printed 11/6/2023 Regular Meeting Minutes October 23, 2023 ❑ Adopted as Amended Richard Thurston Seconder, El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter D ❑ ❑ ❑ ElTabled ................. Angela Bettina ..........Voter ....,........ D ....... ,........❑ ..... ..... El.......,.......❑ ..... El Withdrawn Christopher Phillips ................... Mover ...........D ...... ❑ .......,........❑ ........,...... ❑ Al Casella Voter El ❑ ❑ ... ❑ Dated: Wappingers Falls, New York October 23, 2023 The Resolution is hereby duly declared Adopted. V. Public Portion 1. Motion To: Open Public Portion COMMENTS - Current Meeting: Marcy Wagman appeared and asked about the stipulation of settlement which was not made public. How the settlement reached without Town Board approval. She stated that the Town Board should have approved the stipulation before the Fully Executed Stipulation was approved and granted. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella VI. Budget Discussions 1. Animal Control Jerry Owen appeared to explain hi budget. He has no major changes or activities. 2. Justice Court Justice Kitchen appeared and ask the board for their questions. The court is looking to add a court attendant. 3. Tax Receiver Tax Receiver Freno addresed the board to discuss her budget. She addressed the'ln-Sight' software. The document that she handed out will be attached to the end of these minutes and will be part of the Water and Sewer budget. Town of Wappinger Page 4 Printed 11/6/2023 Regular Meeting Minutes October 23, 2023 4. Assessor Assessor Harkins approached the board to explain his budget. He said most of his budget is unchanged. 5. Code Enforcement 6. Town Clerk Town Clerk went over the increases in the line items of his budget. He mentioned the 18 years of video minutes and agendas that Minute TraQ holds and the fact that any new software would not convert it. 7. Accounting Comptroller Awino explained his budget. 8. Supervisor and Town Board Supervisor Thurston summarized the previous discussions regarding salaries. VII. Resolutions RESOLUTION: 2023-140 Resolution Approving Stipulation Of Settlement WHEREAS, DOWNEY ENERGY and NORTHEAST 40, LLC commenced an action against the Town of Wappinger, the Town of Wappinger Planning Board and certain members of the Planning Board with respect to the issuance of a Positive Declaration under SEQR and alleged civil rights violations under Dutchess County Supreme Court Index Number 2022-51174, and WHEREAS, the Town of Wappinger moved to dismiss the complaint and the Court dismissed that part of the action that sought to overturn the issuance of a negative declaration but allowed the civil rights action to continue; and WHEREAS, the parties exchanged discovery and took depositions; and WHEREAS, the parties have determined that a dismissal of the action without prejudice is appropriate under the circumstances and have outlined conditions regarding the dismissal within a stipulation approved by the Court; and WHEREAS, the Stipulation of Settlement does not award fees or costs to any party to the litigation and each side shall bear its own attorneys fees; WHEREAS, the Attorney to the Town has recommended that the Town Board ratify the Stipulation of Settlement to end the litigation; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby ratifies the attached stipulation of settlement and authorizes the Attorney to the Town to sign on its behalf. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2023-140 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter D ❑ ❑ ❑ El Defeated William H. Beale .......................Voter ............................El ..... ❑ ..... ❑...... El.... 0 Tabled Angela Bettina Mover 0 ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips„ ....................Voter...... ......D...... ❑.......,........❑.... ❑..... Next: 11/9/23 7:00 PM Al Casella.......... ................ .. Seconder D ....... ,........❑.......,........❑........,.......❑..... Town of Wappinger Page 5 Printed 11/6/2023 Regular Meeting Minutes October 23, 2023 Dated: Wappingers Falls, New York October 23, 2023 The Resolution is hereby duly declared Tabled. RESOLUTION: 2023-141 Resolution Approving Preliminary Budget For Fiscal Year 2024 And Directing A Public Hearing Thereon WHEREAS, the Town Supervisor, as Budget Officer, pursuant to §106 of the Town Law has presented the Tentative Budget to the Town Board for review, examination and possible revision; and WHEREAS, the Town Board has reviewed the Tentative Budget and has made changes thereto deemed reasonable and appropriate and intends to adopt the Preliminary Budget herewith; 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 § 109 requires the adoption of a Final Budget on or before November 18, 2022. NOW, THEREFORE, BE IT RESOLVED, that pursuant to and in accordance with the provisions of Section 106 of the Town Law, and other applicable provisions of law, the annexed detailed statement of estimated expenditures and revenues is hereby approved and adopted as the Preliminary Budget of the Town of Wappinger for the fiscal year beginning January 1, 2023; and BE IT FURTHER RESOLVED, that the Preliminary Budget adopted herein shall forthwith be filed in the Office of the Town Clerk in the Town of Wappinger where it shall be available for public inspection on weekdays between 8:30 a.m. and 4:00 p.m.; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger shall meet at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 9" day of November, 2023 at 7:00 p.m. and then and there shall hold a Public Hearing upon such Preliminary Budget; and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Wappinger shall give Notice of such Public Hearing in the format attached hereto by publishing Notice thereof in the Southern Dutchess News, the official newspaper of the Town of Wappinger, and also in the Poughkeepsie Journal, at least five (5) days prior to the scheduled Public Hearing and the Town Clerk shall cause a copy of said Notice to be posted on the sign board of the Town no later than five (5) days before the scheduled Public Hearing. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 6 Printed 11/6/2023 Regular Meeting Minutes October 23, 2023 Vote Record - Resolution RES -2023-141 Yes/Aye No/Nay. Abstain Absent D Adopted ........ ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ll, ❑ ❑ Defeated William H. Beale .... Mover ................ 0 ....... .... ❑ ....................... ❑ ❑ ...... .. ❑ Tabled Angela Bettina Voter... . ..... D .... ❑ .....,...... ❑ ......,..... ❑ ... ❑ Withdrawn Christopher Phillips 111� Voter 1.111 0 ❑ ❑ ❑ Al Casella Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 23, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-142 Schedule Special Town Board Budget Meeting for November 9, 2023 WHEREAS, the Town Board needs to schedule a Special Town Board Meeting on Thursday, November 9, 2023, starting at 7:00 PM; and WHEREAS, the meeting shall be open to the public in accordance with applicable State laws. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby authorizes the Town Clerk to post this resolution on the Town Bulliten Board. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2023-142 Yes/Aye.. No/Nay Abstain Absent El Adopted 0 Adopted as Amended Richard Thurston Voter 0Wi ❑ ..❑........... El ..❑.................. El Defeated Beale .......................Seconder lliam HB ..... D .......... ❑..... ❑ Tabled Angela Bettina Voter .. ........... ..... D .... ... ❑ .....,...... ❑ ........... ... ❑ ... ... ❑ Withdrawn Christopher Phillips .................. .. Voter D ❑ ................ ❑ ................ ❑ Al Casella Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 23, 2023 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2023-143 Resolution Authorizing Comptroller Proposed Budget Transfers WHEREAS, the Comptroller has requested that funds be transferred from various budget lines as noted below; and WHEREAS, the Town Board has agreed that it is in the best interest of the Town to make the requested transfers. Town of Wappinger Page 7 Printed 11/6/2023 Regular Meeting Minutes October 23, 2023 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the following budget line transfers: Amount From Line Description To Line Description tion $3,000 A.1315.407 'Trainin:g $6,900 A.1315.101 Account Clerk $12,000 A. 1315.40,6 Soffivare Maintenance— $5,70O A.1315.102 Account Clerk El Adopted as Amended $2,400 A.1315.103 Escrow Account Clerk. $10,000 A0917 ]Fund Balance $10,000 A.1620.400 Central Hudson $3,,500 A0917 ]Fund Balance $3,,500 A.1620.451 Water for Tcivn Hall $2,00O A0917 ]Fund Balance $2,00O A.1620.452 Water Testing, by CRMO $6,800 A0917 ]Fund Balance $6,800 A.1620.453 HV -AC Maintenance $42,000 A0917 ]Fund Balance $42,000 A.1910.400 Unallocated Insurance $1,,500 A0917 ]Fund Balance $1,,500 A.1680.402 Website & IT Services $5,500 A0917 ]Fund Balance $5,500 A.4020.100 Vital Statistics $2,000 B0917 ]Fund Balance $2,000 B.8160,.420 I Castle Point Landfill $1,000 B0917 ]Fund Balance $1,000 B. 050. 00 Unemployment Insurance The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2023-143 Yes/Aye No/Nay Abstain Absent D Adopted ........ El Adopted as Amended Richard Thurston Voter D ❑ ❑ ❑ ❑ DefeatedWilliam H. Beale ................. Mover D ❑ ❑ ❑ El Tabled Angela Bettina Voter .. ........... ..... D .... .... ❑ .....,...... ❑ ........... ... ❑ ... ... ❑ Withdrawn Christopher Phillips .................. .. Voter D ❑ ................ ❑ ................ ❑ ' Al Casella Seconder.. D ❑ ❑ ❑ Dated: Wappingers Falls, New York October 23, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-144 Resolution Authorizing Budget Transfer For Zoning Enforcement Overtime WHEREAS, the prosecution of zoning violations requires attendance at Court and Town Board meetings that occur after regular business hours which requires working overtime; and WHEREAS, the Director of Strategic Planning and Municipal Codes has advised that the current budget line has is nearly exhausted and additional funding is required for the balance of fiscal year 2023; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the following budget line transfer in the 2023Budget: Transfers for General "A" Fund Town of Wappinger Page 8 Printed 11/6/2023 Regular Meeting Minutes October 23, 2023 $12,000 B0917 Unassigned B Fund Balance B8015.101 Zoning Dept Personal Service The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-144 Yes/Aye.. No/Nay Abstain Absent D Adopted ❑ Adopted as AmendedRichard Thurston Voter ..Mover .. ,...... 0 ❑ ,.... ..❑ ..... El El lDefeated ..William H. Beale ...................... D ...... ❑ .. ❑ ... ❑ Tabled Angela Bettina Seconder ..... D .... ❑ .....,...... ❑ ......,..... ❑ ... ❑ Withdrawn Christopher Phillips Voter 0 ❑ El El Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 23, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-145 Resolution Authorizing Water Tenancy Agreement For 1222-1224 Route 9 (Robert E. Tompkins Living Trust) WHEREAS, the Robert E. Tompkins Living Trust ("Owner") owns two adjacent commercial parcels on Route 9 with addresses 1222-1224 Route 9 (6157-04-632285) (the "Property"); and WHEREAS, the wells for these properties have high sodium concentrations resulting from the use of road salt on Route 9: 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 1222-1224 Route 9 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 an easement on the property granted by a predecessor in title 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 provided to the Water & Sewer Department and Building Department to establish the necessary water accounts. 5) 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 9 Printed 11/6/2023 Regular Meeting Minutes October 23, 2023 Vote Record - Resolution RES -2023-145 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as AmendedRichard Thurston Voter D ❑ ..❑......,.... ..❑.......,.......❑ ElElElDefeated ❑ ❑ Defeated WilliamH.Beale.................... Mover. . ..... D .....,.... ........... . ........... ... ❑ Tabled Angela Bettina VoterD .... ❑ ............ E']........... ❑ ... El Withdrawn Christopher Phillips ................. Seconder El ................❑... ❑ El ....❑.... ❑ ...❑....... Al Casella.......... Voter.............. 0 ❑ El❑ Dated: Wappingers Falls, New York October 23, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-146 Resolution Authorizing Contract With Clove Excavating For Rental Of Paving Equipment WHEREAS, the Town of Wappinger is reconstructing it Highway Garage Facility and a capital account has been established for such purposes; and WHEREAS, as part of the reconstruction work, paving of the facility is required; and WHEREAS, Clove Excavators, Inc. has a contract with Dutchess County Central Services to rent equipment with operators to the County and its municipalities, therefore a contract with Clove Excavators, Inc. does not require the solicitation of bids; and WHEREAS, the Engineers to the Town has reviewed the attached invoice for the rental of equipment and recommends that the Town Board approve such a contract; 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) (2). 2) The Town Board hereby approves the proposal from Clove Excavator, Inc. in the form attached hereto in the amount of $35,700.00 to be paid from the capital fund for the highway garage reconstruction. In addition, the professionals estimate the cost of materials for subbase and asphalt to be purchase by town on county bid to be in the neighborhood of $22,000 for asphalt and $20,300 for subbase. The total project estimate all in: labor, machines and materials is $78,000 with a cap of $80,000 3) This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2023-146 Yes/Aye.. No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Mover ..Voter.... ,...... 0 ❑ ,.... ..❑ ..... ❑ ❑ ❑ Defeated ..William H. Beale ...................... ............ D ...... ❑ .. ❑ ... ❑ Tabled Angela Bettina Voter... . ..... D .... ❑ .....,...... ❑ ......,..... ❑ ... ❑ Withdrawn Christopher Phillips Voter 0 ❑ ❑ ❑ Al Casella Seconder D ❑ El❑ Dated: Wappingers Falls, New York October 23, 2023 Town of Wappinger Page 10 Printed 11/6/2023 Regular Meeting Minutes October 23, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-147 Resolution Granting Permission For The Town Of Wappinger To Apply For A Justice Court Assistance Program (JCAP) Grant WHEREAS, the Town of Wappinger Justice Court is eligible for a grant from the State of New York Unified Court System through the Justice Court Assistance Program; and WHEREAS, Town of Wappinger Justices, Carl S. Wolfson and Heather L. Kitchen, and Justice Court Chief Clerk, Kriss Thomas, have recommended an application for such grant be made; and WHEREAS, Town Justices, Carl S. Wolfson and Heather L. Kitchen, and Justice Court Chief Clerk, Kriss Thomas have prepared an application to the Justice Court Assistance Program Grant; and WHEREAS, the application that was required to be submitted to the New York State Office of Court Administration has been extended; now, therefore BE IT RESOLVED, that the Town Board of the Town of Wappinger authorizes the Wappinger Town Court to apply for a Justice Court Assistance Program (JCAP) Grant in the 2023-2024 grant cycle up to $30,000; and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes said application to be signed by Supervisor Richard L. Thurston as well as Town Justices Carl S. Wolfson and Heather L. Kitchen, by and on behalf of the Town of Wappinger Justice Court, and further authorizes Justice Court Chief Clerk Kriss Thomas to submit the application to the New York State Office of Court Administration to comply with the extended submission date. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2023-147 Yes/Aye No/Nay. Abstain Absent D Adopted ........ ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ll, ❑ ❑ Defeated William H. Beale .... Mover ................. D ....... .... ❑ ....................... ❑ ❑ ...... .. ❑ Tabled Angela Bettina Seconder ..... D .... ❑ .....,...... ❑ ......,..... ❑ ... ❑ Withdrawn Christopher Phillips 111� Voter 0 ❑ ❑ ❑ Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 23, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-148 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Town of Wappinger Page 11 Printed 11/6/2023 Regular Meeting Minutes October 23, 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. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-148 Correspondence Lo - 2023- -2 Number To From Bate ante Rec" I Re: Agenda [ante 18-23-881 Torn Board arrack, Herrin ton & Sutcliffe LLP 18/12120123 10111212.8231,8801,888 Bond Anticipation Note 10112312.823 18-23-882 Torn Board TrWuni6 sl Sewer Commission 181812823 1811312823 Seger Usage Elilig 3rd Quarter 2823 1812312.823 18-23-883 Torn Board Barbara Roberti 1811612.83 181162823 Performance/Maintenance Bo ds 1812312.823 18-23-884 Torn Board Heeher L Kfthen 181612823 181'1812823 Town Jusfice Monthly Report Seo 2823 1812312.823 18-23 005 Torn Board Carl S.. Wolfson 181512823 1811812823 Towii Jusfice Muthly Report Seo 2823 1812312823 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-148 Yes/Aye.. No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston ,,.William .. Voter .. El ❑ ,.... ..❑ ."".. ❑ ❑ ❑ Defeated H. Beale ...................... ............ "..... Mover D ...... ❑ .. . ❑ ... El Tabled Angela Bettina Seconder ..... D .... ❑ .....,...... El......,..... El... El Withdrawn Christopher Phillips Voter -111111 El ❑ El ❑ Al Casella Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York October 23, 2023 The Resolution is hereby duly declared Adopted. VIII. Items for Special Consideration/New Business 1. Wappingers Falls Mobile Home Park Connection Robert Rawls and Christian Paggi his assistant appeared before the board due to the contamination of PFOA in the wells just South of the Atlas Acquifer. The usage estimate is 11,000 gallons per day. 2. Motion To: Spend $25,000 for a New Swing Set at Spookhill Park COMMENTS - Current Meeting: Randy Ross approached the board to explain the estimates. A document was handed to the board. Phase II includes a new swing set which the board approved up to $25,000. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 3. Motion To: Transfer of funds for vehicle. Town of Wappinger Page 12 Printed 11/6/2023 Regular Meeting Minutes October 23, 2023 COMMENTS - Current Meeting: Steve Frazier explained the use of "River Rounds" at Spookhill Park. Additionally, Steve asked to move $21,500 in funds from B7110.119 to B7110.200. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 4. Motion To: Authorize $500 for 1st Responder awards RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IX. Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella X. Adjournment Motion To: Wappinger Adjournment & Signature COMMENTS - Current Meeting: The meeting adjourned at 10:45 PM. Joseph P. Paoloni Town Clerk Town of Wappinger Page 13 Printed 11/6/2023 Regular Meeting Minutes October 23, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 14 Printed 11/6/2023 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-138 Meeting: 10/23/23 07:00 PM Department: Town Clerk Category: Budget Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6028 Resolution Adopting Final Benefit Assessment Rolls For Special Improvement Districts And Special Improvement Areas For Fiscal Year 2024 WHEREAS, the Town Assessor prepared proposed Benefit Assessment Rolls for all Special Improvement Districts and Special Improvement Areas in the Town of Wappinger, assessed on a benefit basis, for Fiscal Year 2024 and said proposed Benefit Assessment Rolls were filed with the Town Clerk as required by Town Law § 239; and WHEREAS, in accordance with Town Law § 239, the Town Board duly noticed and held a Public Hearing on October 23, 2023, to hear and consider any objections to said Benefit Assessment Rolls within the Town for use in Fiscal Year 2024; and WHEREAS, all interested persons were given the opportunity at the Public Hearing to challenge or contest such benefit assessment determinations; and WHEREAS, the Town Board has reviewed the proposed benefit assessment rolls within the Town for use in Fiscal Year 2024 and has determined that they were prepared in proper order. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts the Benefit Assessment Rolls as prepared by the Assessor subject to any corrections made by this Board, as the final benefit assessment rolls for the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger for Fiscal Year 2024. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 10/16/2023 3:07 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-139 Meeting: 10/23/23 07:00 PM Department: Town Clerk Category: Budget Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6029 Resolution Adopting Capital Budgets, O&M Charges And Water/Sewer Rates And Rents For Special Districts And Special Improvement Areas For Fiscal Year 2024 WHEREAS, on September 25, 2023, the Town Board, pursuant to and in accordance with the provisions of Sections 198 and 202-a of the Town Law and other applicable provisions of law, scheduled a Public Hearing on the Proposed Capital Budgets and Proposed O&M Charges Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2024; and WHEREAS, the Town Board conducted a Public Hearing on October 23, 2023 at 7:00 p.m. and all parties in attendance were permitted an opportunity to speak on behalf or in opposition to the proposed Capital Budgets and proposed O&M Charges Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for the fiscal year 2024; and WHEREAS, the Town Board has taken into consideration the comments made by the public at the Public Hearing. NOW, THEREFORE, BE IT RESOLVED, that pursuant to and in accordance with the provisions of Sections 198 and 202-a of the Town Law and other applicable provisions of law, the annexed detailed statement of the Capital Budgets and O&M Charges Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement Areas of the Town of Wappinger is hereby approved and adopted as the Capital Budgets and O&M Charges Water/Sewer Rates and Rents of the Town of Wappinger for the fiscal year beginning January 1, 2024; and BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to enter the aforementioned budgets adopted herein in the minutes of the Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Richard Thurston, Supervisor AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 10/16/2023 3:15 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2023-140 Meeting: 10/23/23 07:00 PM Department: Town Clerk Category: Litigation Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston Resolution Approving Stipulation Of Settlement DOC ID: 6037 WHEREAS, DOWNEY ENERGY and NORTHEAST 40, LLC commenced an action against the Town of Wappinger, the Town of Wappinger Planning Board and certain members of the Planning Board with respect to the issuance of a Positive Declaration under SEQR and alleged civil rights violations under Dutchess County Supreme Court Index Number 2022-51174, and WHEREAS, the Town of Wappinger moved to dismiss the complaint and the Court dismissed that part of the action that sought to overturn the issuance of a negative declaration but allowed the civil rights action to continue; and WHEREAS, the parties exchanged discovery and took depositions; and WHEREAS, the parties have determined that a dismissal of the action without prejudice is appropriate under the circumstances and have outlined conditions regarding the dismissal within a stipulation approved by the Court; and WHEREAS, the Stipulation of Settlement does not award fees or costs to any party to the litigation and each side shall bear its own attorneys fees; WHEREAS, the Attorney to the Town has recommended that the Town Board ratify the Stipulation of Settlement to end the litigation; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby ratifies the attached stipulation of settlement and authorizes the Attorney to the Town to sign on its behalf. COMMENTS - Current Meeting: Attorney Horan commented on the litigation by Downey and the Pos Dec to the planning board. The town filed a motion to dismiss. The revised complaint discovery led to Stipulation of Settlement. This dismisses the action and the right of Downey to re -submit within one year. No changes to the planning board process. It incorporates changes that were made to the modified application. RESULT: TABLED [UNANIMOUS] Next: 11/9/2023 7:00 PM MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 10/19/2023 2:03 PM by Joseph P. Paoloni Page 1 SUPREME COURT OFTHE STATE OF NEW YORK COUNTY OF DUTCHESS -------------------------------------------------------------------- x DOWNEY ENERGY and NORTf lEAST40, L [X, STIPULATION OF SETTLEMENT Plaintiffs Index No. 2022-5 1 1 74 -against- TOWN OFWAPPING ER, PLANNING BOARD OF THE TOWN OF WAPPINGER, BRUCE I'LOWER, RALPH MARINACCIO, ROBERT CERU, MARKOS PERATIKOS; PAUL FRENO, NICI-JOI..,AS MASEIAL THE TOWN BOARD OF"THE 'FOWN OF WAPPINGER and "JOHN DOES AND JANE DOES 1-15", Defendants. ------------------------------------------------------------------- x Assigned Judge: Maria G. Rosa, JSC WHEREAS, the Plaintiffs Downey Energy ("Downey Energy") and Northeast 40, L1,C' ("Property Owner") commenced this Litigation against the Defendants above -captioned seeking certain Declaratory Judgment and other relief- and WHEREAS, the Plaintiffs' First Amended Complaint seeks a Declaratory Judgment regarding certain alleged municipal misconduct regarding actions of` the Defendants involving a certain municipal application for Special Permit Legislation, a Special Permit and Site Plan Approval review (collectively the "Application") by Downey Energy concerning plans by Downey Energy involving a proposed Facility to be located on real property at 199 Old Route 9, in the Town also known as Tax Map Section 615-02-763656 consisting of approximately 5.4 acres (the "Property") own by the Property Owner; and WHEREAS, that Application is currently pending before the Defendant Town Planning Board (the "Planning Board") for Site Plan Approval as well as before the Defendant Town Board (the "Town Board") for approval of a Local Law as necessary and for issuance of a Special Permit; and WHEREAS, the Defendants deny all liability or misconduct regarding the claims made in the First Amended Complaint filed or otherwise made in this Litigation; and WHEREAS, subsequent to the filing of this First Amended Complaint the Plaintiffs have put forward a new plan to the Defendants that will eliminate the "above ground"Proparte Tanks at the Property and replace with Propane Tanks that are located below the ground and are mounded with earth (the "Modified Application"); and WHEREAS, all the prior reviews and resolutions regarding this Downey Project were based on the initial Application and not the Modified Application; and WHEREAS, the only propane expert opinion in the record states that the Modified Application now mitigates to the greatest extent possible and effectively eliminates any real potential for any boiling liquid expanding vapor explosion ("BI..,EVE") to occur on this Property with this proposed Facility; and WHEREAS, the parties agree that Propane design and safety issues regarding any Propane Application, including but not limited to the Modified Application, are governed by the National Fire Prevention Association Publication NFPA 58, Liquefied Petroleum Gas Code ( "NEPA 58"), the Fire Code of New York State, the United States Department of'. 1'ransportation, Pipeline and Hazardous Materials Safety Administration 2020 Emergency Response Guidebook (the "2020 ERG"), as well as standard cited therein; and WHEREAS, based upon the foregoingr the Pat -ties agree that the continuation of this Modified Application before the Town Planning Board is appropriate and proper as a potential means to resolve issues in this Litigation without further expense of Litigation for the parties; and WHEREAS, extensive Discovery has taken place in this Litigation involving both Parties and Non -Parties and the Plaintiffs having filed a Note of Issue for placement of this matter on the Court's "FTial Calendar; and WHEREAS, the Attorneys for all Parties having entered into Settlement Discussions to avoid the costs and expense of any Trial as well as all Trial related Motions and matters as well as to permit the pending Modified Application by Downey Energy to proceed through the Planning Board process as it is now proceeding as well as subsequent return to the Town Board as necessary for all permits and approvals appropriate to obtain all municipal approvals for this proposed Facility to begin operation as the Property; and WHEREAS, the Attorneys for all Parties with the consent of` their Clients are entering into this Stipulation to provide for the Discontinuance of this Litigation without pre.judice and without costs, disbursement or attorney fees from one party to the other party and with the express right of Downey Energy to re -file this Litigation or any other Litigations involving the same or similar claims as made in the First Amended Complaint within one year from the date of this Stipulation in the event that Downey Energy has not received all approvals necessary to being operation of the proposed Facility at the Property, and WHEREAS, in the event that after this Litigation is discontinued without prejudice and in the event there is a need to re -file this Litigation or any other Litigation involving the same or similar claims as made in the First Amended Complaint within one year from the date hereof, then and in that event the Defendants shall be entitled to re -assert any existing Affirmative Defenses already filed in this Litigation as well as in any such re -filed or new Litigation any and all Affirmative Defenses or defenses except for the Statute of Limitation, the doctrines of ]aches or equitable estoppel, res jUdicate or collateral estoppel; and WHEREAS, in the event this Litigation is re -filed or any new Litigation is filed, then and in that event all prior pleadings, Discovery and Depositions shall remain in full effect, and can be used for the same purposes in this Litigation as well as in an any future litigation, litigations and any other proceedings as any Party shall deem it necessary; and; WHEREAS, the parties and their Attorneys wish to set forth their complete and total understanding and agreement to the terms and conditions contained in this Stipulation and do so as more fully set forth below. NOW THEREFORE, the parties hereto in consideration of the mutual convents and promises contained herein as well as intending to be legally bound, hereby agree as follows: 'The parties restate, reaffirm and ratify each and every statement in the "WHEREAS" portions ofthis Stipulation as though set forth in full herein. 2. All pleadings and documents produced in any Discovery of any of the Parties or Non -Parties shall be maintained by the Parties for no less than a year from the date of' this Stipulation of Settlement being So Ordered. 3. Should Downey Energy not receive all non -appealable approvals required by Downey Energy to operate its Facility as currently contemplated in this Modified Application, within one year from the date this Stipulation is So Ordered by this Court, then and in that event this Litigation can be refilled by the Plaintiffs by purchasing a new Index Number from the Clerk of the County of Dutchess Supreme Court with all existing pleadings, proceedings depositions, discovery documents and other documents used for any put -pose in this Litigation to be equally available, deemed already served as well as operative and used in any refiled or new litigations for the same purpose or purposes. The time periods in this section may be extended by agreement of the parties, 4. The Defendants agree to process this Modified Application in an expeditious and efficient manner. The Defendants shall review the Modified Application in accordance with the previously issued Scoping Document, recognizing the changes between the Original Application and the Modified Application. The Plaintiffs shall expeditiously provide the information necessary that is requested for the SF. QR review and shall cooperate with the Defendants in reviewing the Modified Application. 5. The parties acknowledge that NFPA 58 section 6.29.5 identifies mounding propane storage tanks as a special protection measure that mitigates the danger from fire and that the earth acts as thermal insulation and acts as a barrier from flame impingement on tile propane tanks effectively mitigating the possibility of BLEVE and that the Modified Application incorporates mounded tanks designed in accordance with the provisions of NEPA 58. 6. The Modified Application incorporates a 30,000 Gallon Reserve Water Storage Facility that will be designed to provde 250 gallons per minute of water to fight any fire at the site. Downey Energy agrees to make the Reserve Water Storage Facility available to fire services for fires at other locations in the vicinity. T Should any party to this Stipulation breach any material provision of said Stipulation and upon ten (10) day notice by e-rnail and certified mail to the party claimed to be breaching said Stipulation, any party not materially breaching this Stipulation shall, in addition to recovery of all damages and rernedies permitted by law for any such material breach, be entitled to seek and be awarded by this Court reasonable attorneys fees, costs and disbarments incurred to remedy any Such breach from the breaching party. Any such application for attorney fees, costs and disbursements shall be made by Motion upon notice as required by provisions of' the CPLR. 8. Should any party to this Stipulation fail to perform, any material provision of this Stipulation at any time, then and in that event any other party shall be entitled to apply pursuant to provisions of the CPLR to this Court for a Contempt Of Court determination with all lawful remedies being available to the parties to upon such a Contempt of Court finding, 9. The parties enter into this Stipulation of Settlement solely to resolve their disputes and avoid the uncertainty and expense of further litigation. Nothing in this Stipulation of' Settlement shall be taken or used as an admission of liability or wrongdoing. 10. The parties are entering into this Stipulation of Settlement recognizing that each will rely upon the agreement of the other party to the terms and conditions of the Stipulation of Settlement. All parties agree to undertake reasonable efforts at any time in the future to uphold the Stipulation of" Settlement and to take no position inconsistent with or otherwise in derogation of the terms and conditions of this Stipulation of Settlement. 11. It is understood and agreed that the parties have fully relied upon their own ,judgment, belief, research, investigation and knowledge as week as their own attorneys in negotiating and executing this Stipulation of Settlement and that no representations or statements, other than expressly set forth herein, made by the parties, or any person or person employed by or representing them, or influenced by any party hereto to any extent in entering into or committing to the performance of this Stipulation of Settlement. 12. This Stipulation of Settlement shall be binding upon and shall be for the benefit of the parties, subsidiaries, affiliates, heirs, successors, legal representatives and assigns of each of the parties hereto, to the fullest extent permitted by law. 13. In the event that any Court or tribunal denies full force and effect to any part of this Stipulation of Settlement, it is the express intention of the parties that the remaining parts of this Stipulation of Settlement shall remain valid except to the extent voided by any Court. 14. This Stipulation of Settlement shall be governed by the laws of New York State. 15. This Stipulation of Settlement is effective upon execution by all parties. 16. This Stipulation of Settlement has been prepared for execution by each of the parties which may be executed in any number of counterparts, all of which, when taken together, shall constitute a single Stipulation. 17. This Stipulation of Settlement constitutes the entire Stipulation of Settlement between the parties, and nothing more nor less than the contents of this Stipulation of Settlement is intended by the parties. Nothing in this Stipulation of Settlement may be changed unless by a notarized Stipulation of Settlement signed by all parties. 18. Neither this Stipulation of Settlement nor any provisions thereof shall be amended or modified or deemed amended or modified, except by any subsequent Stipulation of Settlement in writing duly subscribed and acknowledged with the same formality as this Stipulation of Settlement. Any waiver by either party of any provision of this Stipulation of Settlement, or any right or option hereunder, shall not be deemed a continuing waiver and shall not prevent or stop such party from thereafter enforcing such provision, right or option, and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Stipulation of Settlement by the other party, shall not be construed as a waiver or relinquishment for the future of any such term or provision. but the saine, shall continue in full force and effect. 19. This Court shall retain jurisdiction to enfiorce the terms of this So -Ordered Stipulation and in the event of any breach of this So -Ordered Stipulation this Court shall have reserved all powers permitted under New York State law. 20. Upon full execution of this Stipulation by the Attorneys and all the parties, any Attorney for any party shall forthwith provide to this Court this Stipulation by NYSCEF filing to be So Ordered. 21. All notices to be provided to any Party to the other shall be transmitted to the Attorney 1*(.)r each Party as set forth in the e-rnail address below to each respective Attorney for said Party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and the year first above written. Dated: September 13, 2023 WALLACE & WALLACE, LIT James PA -loran, Esq. re Atto,l;18' for A, fim(kinls ,85'tivic 'Center Plaza, Suite LU Poughkeepsie, New York 12601 845-473-0900 So Ordered flon. Maria G. Rosa, J.S.C. Date: September _—, 2023 Dennis E.`sq. Allorneys 55 Old urVnpZ�'I 'TRoad, Suite 209 NallUet, New York 10960 845-729-5744 dennislynchesq(cr grnail.coin Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-141 Resolution Approving Preliminary Budget 2024 And Directing A Public Hearing Meeting: 10/23/23 07:00 PM Department: Town Clerk Category: Budget Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6030 For Fiscal Year Thereon WHEREAS, the Town Supervisor, as Budget Officer, pursuant to §106 of the Town Law has presented the Tentative Budget to the Town Board for review, examination and possible revision; and WHEREAS, the Town Board has reviewed the Tentative Budget and has made changes thereto deemed reasonable and appropriate and intends to adopt the Preliminary Budget herewith; 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 § 109 requires the adoption of a Final Budget on or before November 18, 2022. NOW, THEREFORE, BE IT RESOLVED, that pursuant to and in accordance with the provisions of Section 106 of the Town Law, and other applicable provisions of law, the annexed detailed statement of estimated expenditures and revenues is hereby approved and adopted as the Preliminary Budget of the Town of Wappinger for the fiscal year beginning January 1, 2023; and BE IT FURTHER RESOLVED, that the Preliminary Budget adopted herein shall forthwith be filed in the Office of the Town Clerk in the Town of Wappinger where it shall be available for public inspection on weekdays between 8:30 a.m. and 4:00 p.m.; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger shall meet at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 91h day of November, 2023 at 7:00 p.m. and then and there shall hold a Public Hearing upon such Preliminary Budget; and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Wappinger shall give Notice of such Public Hearing in the format attached hereto by publishing Notice thereof in the Southern Dutchess News, the official newspaper of the Town of Wappinger, and also in the Poughkeepsie Journal, at least five (5) days prior to the scheduled Public Hearing and the Town Clerk shall cause a copy of said Notice to be posted on the sign board of the Town no later than five (5) days before the scheduled Public Hearing. Updated: 10/16/2023 3:14 PM by Joseph P. Paoloni Page 1 Resolution 2023-141 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Meeting of October 23, 2023 Updated: 10/16/2023 3:14 PM by Joseph P. Paoloni Page 2 LEGAL NOTICE TOWN OF WAPPINGER NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 91h day of November, 2023, at 7:00 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, for the purpose of holding a Public Hearing on the Preliminary Budget of said Town for the fiscal year beginning January 1, 2024. A copy of said Preliminary Budget is available at the Office of the Town Clerk of the Town of Wappinger, Town Hall, 20 Middlebush Road, Wappingers Falls, New York during the hours of 8:30 a.m. to 4:00 p.m., Monday through Friday, where it may be inspected by any interested person. The proposed salaries of each member of the Town Board, the Superintendent of Highways, the Town Justices and the Town Clerk for calendar year 2024 are as follows: Supervisor $65,816.71 Highway Superintendent $99,293.46 Town justice $33,949.63 Town justice $33,949.63 Town Clerk $71,963.19 Councilman $12,821.33 Councilman $12,821.33 Councilman $12,821.33 Councilman $12,821.33 Dated: Wappingers Falls, New York October 23, 2023 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI, TOWN CLERK It - N O N co Town of Wappinger Meeting: 10/23/2307:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Adinin Sponsors: Town Clerk Joseph P. Paoloni RESOLUTION 2023-142 DOC ID: 6031 Schedule Special Town Board Budget Meeting for November 912023 WHEREAS, the Town Board needs to schedule a Special Town Board Meeting on Thursday, November 9, 2023, starting at 7:00 PM; and WHEREAS, the meeting shall be open to the public in accordance with applicable State laws. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby authorizes the Town Clerk to post this resolution on the Town Bulliten Board. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 10/23/2023 4:33 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-143 Meeting: 10/23/23 07:00 PM Department: Town Clerk Category: Budget Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 6033 Resolution Authorizing Comptroller Proposed Budget Transfers WHEREAS, the Comptroller has requested that funds be transferred from various budget lines as noted below; and WHEREAS, the Town Board has agreed that it is in the best interest of the Town to make the requested transfers. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the following budget line transfers: Amount From ]Line Description To Line Description tion $3,000 A.1315.407 'Trai-nin:g $6,900 A.1315.101 Account Clerk $12,000 A. 1315.40,6 Soffivare Maintenance— $5,700 A.1315.102 Account Clerk $2,400 A.1315.103 Escrow Account Clerk $10,000 A0917 Fund Balance $10,000 A.1620.400 Central Huds,o n $3,500 A0917 ]Fund Balance $3,500 A.1620.451 Wates for Toivn Hall $2,000 A0917 ]Fund Balance $2,000 A.1620.452 Wates Testing, by CAMO $6,800 A0917 Fund Balance $6,800 A.1620.453 HV -AC Maintenance $42,000 A0917 Fund Balance $42,000 A.1910.400 Unallocated Insurance $1,500 A0917 ]Fund Balance $1,500 A.1690.402 Webl site & ITServices $5,50O A0917 ]Fund Balance $5,500 A.4020.100 Vital Statistics $2,000 B0917 Fund Balance $2,000 B.8160,.420 Castle Point L,andi"nll $1,000 B0917 Fund Balance $1,000 B.90510.800 Unemployment Insurance RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 10/19/2023 10:32 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-144 Meeting: 10/23/23 07:00 PM Department: Town Clerk Category: Budget Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6034 Resolution Authorizing Budget Transfer For Zoning Enforcement Overtime WHEREAS, the prosecution of zoning violations requires attendance at Court and Town Board meetings that occur after regular business hours which requires working overtime; and WHEREAS, the Director of Strategic Planning and Municipal Codes has advised that the current budget line has is nearly exhausted and additional funding is required for the balance of fiscal year 2023; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the following budget line transfer in the 2023Budget: Transfers for General "A" Fund Amount From Line Description To Line Description $12,000 B0917 Unassigned B Fund Balance B8015.101 Zoning Dept Personal Service RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 10/19/2023 12:21 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-145 Meeting: 10/23/23 07:00 PM Department: Town Clerk Category: Special Districts Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 6035 Resolution Authorizing Water Tenancy Agreement For 1222- 1224 Route 9 (Robert E. Tompkins Living Trust) WHEREAS, the Robert E. Tompkins Living Trust ("Owner") owns two adjacent commercial parcels on Route 9 with addresses 1222-1224 Route 9 (6157-04-632285) (the "Property"); and WHEREAS, the wells for these properties have high sodium concentrations resulting from the use of road salt on Route 9: 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 1222-1224 Route 9 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 an easement on the property granted by a predecessor in title 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 provided to the Water & Sewer Department and Building Department to establish the necessary water accounts. 5) 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: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 10/19/2023 12:58 PM by Joseph P. Paoloni Page 1 May 22, 2023 Econ. Richard L. Thurston, Supervisor Town of Wappinger 20 Middlsbusb Road Wappingers Falls, NY 125913 Re: United Wappinger dater District Hook-up for 1222-1.224 Route 9, Parce[ # 135589-6157-04-532255-0000 Gear Supervisor Thurston, I arts requesting permission to lie into the existing Town of Wappinger water service abutting the above referenced proPertles .along MacFWane Road. Until such time as the area is added to the UV*M, I will enter into a tenancy agreement with the Town and t_ WW0, and pay the appropriate tie-in fees. i will incur all expenses related to the tie-in. Also, please inoiude, me on the Town Soard agenda for October 10, 2023. Resoectfull , Robert Tompkins 24 Str2ub Drive Pleasant Valley, NY 12569 845-535-3138 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-146 Resolution Authorizing Contract Rental Of Paving Meeting: 10/23/23 07:00 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 6036 With Clove Excavating For Equipment WHEREAS, the Town of Wappinger is reconstructing it Highway Garage Facility and a capital account has been established for such purposes; and WHEREAS, as part of the reconstruction work, paving of the facility is required; and WHEREAS, Clove Excavators, Inc. has a contract with Dutchess County Central Services to rent equipment with operators to the County and its municipalities, therefore a contract with Clove Excavators, Inc. does not require the solicitation of bids; and WHEREAS, the Engineers to the Town has reviewed the attached invoice for the rental of equipment and recommends that the Town Board approve such a contract; 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) (2). 2) The Town Board hereby approves the proposal from Clove Excavator, Inc. in the form attached hereto in the amount of $35,700.00 to be paid from the capital fund for the highway garage reconstruction. In addition, the professionals estimate the cost of materials for subbase and asphalt to be purchase by town on county bid to be in the neighborhood of $22,000 for asphalt and $20,300 for subbase. The total project estimate all in: labor, machines and materials is $78,000 with a cap of $80,000 3) This resolution shall take effect immediately. RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Thurston, Supervisor SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 10/23/2023 9:04 PM by Joseph P. Paoloni Page 1 CLOVE EXCAVATORS, INC. 212 VAN WAGNER ROAD POUGHKEEPSIE, NY 12603 Name / Address Town of Wappinger 20 Middlebush Road Wappingers Falls, N.Y. 12590 Estimate Date Estimate # 10/13/2023 117 Phone # E-mail (845) 452-5030 lisa(a cloveexcavators.com Please send Insurance Requirements and Sales Tax Exempt Documentation Project 2023 Milling & Pavi... Description Qty Cost Total Town Garage Regrade and compact Item 4 around new addition (2' at Building) and pave with 4" of Type 3 Binder Move in Cat D3K Bulldozer 1 250.00 250.00 16 Hours Cat D3K Bulldozer 16 165.00 2,640.00 Move in Hamm HDI 10 Roller 1 250.00 250.00 12 Hours Hamm FID 110 Roller 12 190.00 2,280.00 32 Hours Labor 32 130.00 4,160.00 Pipe Van 2 350.00 700.00 36 Hours Triaxle with Driver (Haul in Item 4) 36 180.00 6,480.00 Move in Roadtec RP195 Paver 1 250.00 250.00 8 Hours Roadtec RP195 Paver 8 375.00 3,000.00 Move in Cat CB10 Roller 1 250.00 250.00 8 Hours Cat CB10 Roller 8 190.00 1,520.00 Move in Hamm HD14 Roller 1 250.00 250.00 Hamm HD14 Roller 8 165.00 1,320.00 Paving Van 1 350.00 350.00 48 Hours Labor 48 130.00 6,240.00 32 Hours Triaxle with Driver 32 180.00 5,760.00 Town to Purchase +/-500 Tons of Item 4 and +/- 325 Tons of Type 3 Binder Thank you for your business. Subtotal $35,700.00 Sales Tax (8.125%) $0.00 Tota $35,700.00 Signature for Approval Date Phone # E-mail (845) 452-5030 lisa(a cloveexcavators.com Please send Insurance Requirements and Sales Tax Exempt Documentation Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-147 Meeting: 10/23/23 07:00 PM Department: Town Clerk Category: Grants Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 6027 Resolution Granting Permission For The Town Of Wappinger To Apply For A Justice Court Assistance Program (JCAP) Grant WHEREAS, the Town of Wappinger Justice Court is eligible for a grant from the State of New York Unified Court System through the Justice Court Assistance Program; and WHEREAS, Town of Wappinger Justices, Carl S. Wolfson and Heather L. Kitchen, and Justice Court Chief Clerk, Kriss Thomas, have recommended an application for such grant be made; and WHEREAS, Town Justices, Carl S. Wolfson and Heather L. Kitchen, and Justice Court Chief Clerk, Kriss Thomas have prepared an application to the Justice Court Assistance Program Grant; and WHEREAS, the application that was required to be submitted to the New York State Office of Court Administration has been extended; now, therefore BE IT RESOLVED, that the Town Board of the Town of Wappinger authorizes the Wappinger Town Court to apply for a Justice Court Assistance Program (JCAP) Grant in the 2023-2024 grant cycle up to $30,000; and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes said application to be signed by Supervisor Richard L. Thurston as well as Town Justices Carl S. Wolfson and Heather L. Kitchen, by and on behalf of the Town of Wappinger Justice Court, and further authorizes Justice Court Chief Clerk Kriss Thomas to submit the application to the New York State Office of Court Administration to comply with the extended submission date. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 10/16/2023 2:56 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-148 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Meeting: 10/23/23 07:00 PM Department: Town Clerk Category: Correspondence Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6032 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: 10/19/2023 11:47 AM by Joseph P. Paoloni Page 1 Correspondence Lo - 2 23-10-23 Number To From Bate ante Rec" I Re: Agenda [tate 10-23-881 Torn Board Qrnck„ Herrin ton & Sutcliffe LLP 1011212023 10112120231,000,000 Bond kti6 ation Note 1012312023 18-23-882 Towii Board Tr4u66 al Sewer Commission 101812023 1011312023 Sewer Usage Elillg 3rd Quarter 2,023 1012312023 10-23-003 Torn Board Barbara Rotrerti 1011612.03 '101162023 Performance/Maintenance Bonds 1012312.023 10-23-001 Torn Board Heaher L. Ktchen 101812.023 10!1812023 Town Justice Monthly Report Seo 2023 10!2312.023 10-23-008 Torn Board Carl S Wolfson 101812023 1011812023 Town Justice Monthly Report Seo 2023 1012312.023 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: 10/19/2023 11:47 AM by Joseph P. Paoloni Page 1 LIE co I1' r M N O N co W M N O M N O N C Q) u m Q M M M M co ,a N N N N N (� ❑ 00000 N N N N N � � M co M M M N N N N N COO O O 0 Q co M M N CN O N N O O Z •C `0 N N al (� O O 5 ai a -P m a O U m C A A M C :E L CV .c CCi O O �m��� O U U U m CDa)Qoo ® r to d �- 0 co N O M N O M co N O co N O 0 a° N N NO N C��! 1 N M N 0 0 � r CE C7 r � C7 CO � r O 0 r 0 O ❑ r r CQ r r r O M M M M J C)0000 N N N N ❑ ` O r O O O r O r r � 1.0 C '� J ® U CL � U) O 0 O � L` O � a) L U) CD -r- a ° o O •U Q� J 3: T- T- C m L O mU o-a-2� `s-0 mmmmom 0, N M d LO .000000 E o 0 0 0 0 mcoMCismCO z N CV N C� N 0 0 0 0 0 LIE co I1' r M N O N co W M N O M N O N C Q) u m Q 19,x' oo� Io October 12, 2023 Town of Wappinger, County of Dutchess, State of New York Re: Town of Wappinger, Dutchess County, New York $1,000,000 Bond Anticipation Note, 2023 (Renewal) Ladies and Gentlemen: Orrick, Herrington & Sutcliffe LLP 51 West 52nd Street New York, NY 10019-6142 +1 212 508 5000 orrlck.com We have been requested to render our opinion as to the validity of a $1,000,000 Bond Anticipation Note, 2023 (Renewal) (the "Obligation"), of the Town. of Wappinger, Dutchess County, New York (the "Obligor."), dated October 12, 2023, numbered 2-R, of the denomination of $1,000,000, bearing interest at the rate of 4.75% per annum, payable at maturity, and maturing October 11, 2024. We have examined: (1) the Constitution and statutes of the State of New York; (2) the Internal Revenue Code of 1986, including particularly Sections 103 and 141 through 150 thereof, and the applicable regulations of the United States Treasury Department promulgated thereunder (collectively, the "Code"); (3) an arbitrage certificate executed on behalf of the Obligor which includes, among other things, covenants, relating to compliance with the Code, with the owners of the Obligation that the Obligor will, among other things, (i) take all actions on its part necessary to cause interest on the Obligation not to be includable in the gross income of the owners thereof for Federal income tax purposes, including, without limitation, restricting, to the extent necessary, the yield on investments made with the proceeds of the Obligation and investment earnings thereon, malting required payments to the Federal government, if any, and maintaining books and records in a specified mariner, where appropriate, and (ii) refrain from taking any action which would cause interest on the Obligation to be includable in the gross income of the owners thereof for Federal income tax purposes, including, without limitation, refraining from spending the proceeds of the Obligation and investment earnings thereon on certain specified purposes (the "Arbitrage Certificate"); and (4) a certificate executed on behalf of the Obligor which includes, among other things, a statement that compliance with such covenants is not prohibited by, or violative of, any provision of local or special law, regulation or resolution applicable to the Obligor. Received OCT 12 2023 Town of Wappinger 4157-6322-7979 TownClerk, Town of Wappinger October 12, 2023 Page 2 We also have examined a certified copy of proceedings of the finance board of the Obligor and other proofs authorizing and relating to the issuance of the Obligation, including the form of the Obligation. In rendering the opinions expressed herein we have assumed (i) the accuracy and truthfulness of all public records, documents and proceedings, including factual information, expectations and statements contained therein, examined by us which have been executed or certified by public officials acting within the scope of their official capacities, and have not verified the accuracy or truthfulness thereof, and (ii) compliance by the Obligor with the covenants contained in the Arbitrage Certificate. We also have assumed the genuineness of the signatures appearing upon such public records, documents and proceedings and the certifications thereof. In our opinion: (a) The Obligation has been authorized and issued in accordance with the Constitution and statutes of the State of New York and constitutes a valid and legally binding general obligation of the Obligor, all the taxable real property within which is subject to the levy of ad valorem taxes to pay the Obligation and interest thereon, subject to applicable statutory limitations; provided, however, that the enforceability (but not the validity) of the Obligation: (i) may be limited by any applicable bankruptcy, insolvency or other law now existing or hereafter enacted by said State or the Federal government affecting the enforcement of creditors' rights, and (ii) may be subject to the exercise of judicial discretion in appropriate cases. (b) The Obligor has the power to comply with its covenants with respect to compliance with the Code as such covenants relate to the Obligation; provided, however, that the enforceability (but not the validity) of such covenants may be limited by any applicable bankruptcy, insolvency or other law now existing or hereafter enacted by said State or the Federal government affecting the enforcement of creditors' rights. (c) Interest on the Obligation is excluded from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986, and is exempt from personal income taxes imposed by the State of New York and any political subdivision thereof (including The City of New York). Interest on the Obligation is not a specific preference item for purposes of the federal individual alternative minimum tax. We observe that, for tax years beginning after December 31, 2022, interest on the Obligation included in adjusted financial statement income of certain corporations is not excluded from the federal corporate alternative minimum tax. We express no opinion regarding other tax consequences related to the ownership or disposition of, or the amount, accrual or receipt of interest on, the Obligation. Certain agreements, requirements and procedures contained or referred to in the Arbitrage Certificate and other relevant documents may be changed and certain actions (including, without Iimitation, economic defeasance of the Obligation) may be taken or omitted under the circumstances and subject to the terms and conditions set forth in such documents. 4157-6322-7979 Town of Wappinger October 12, 2023 Page 3 The opinions expressed herein are based on an analysis of existing laws, regulations, rulings and court decisions and cover certain matters not directly addressed by such authorities. Such opinions may be affected by actions taken or omitted or events occurring after the date hereof. Accordingly, this opinion is not intended to, and may not, be relied upon in connection with any such actions, events or matters. Our engagement with respect to the Obligation has concluded with their issuance, and we disclaim any obligation to update this opinion. We have assumed, without undertaking to verify, the accuracy of the factual matters represented, warranted or certified in the documents. Furthermore, we have assumed compliance with all covenants and agreements contained in the Arbitrage Certificate, including without limitation covenants and agreements compliance with which is necessary to assure that future actions, omissions or events will not cause interest on the Obligation to be included in gross income for federal income tax purposes. We call attention to the fact that the rights and obligations under the Obligation and the Arbitrage Certificate and their enforceability may be subject to bankruptcy, insolvency, reorganization, arrangement, fraudulent conveyance, moratorium or other laws relating to or affecting creditors' rights, to the application of equitable principles, to the exercise of judicial discretion in appropriate cases and to the limitations on legal remedies against municipal corporations such as the Obligor in the State of New York. We express no opinion with respect to any indemnification, contribution, penalty, choice of law, choice of forum, choice of venue, or waiver provisions contained in the foregoing documents. The scope of our engagement in relation to the issuance of the Obligation has extended solely to the examination of the facts and law incident to rendering the opinions expressed herein. Such opinions are not intended and should not be construed to express or imply any conclusion that the amount of revenues or moneys of the Obligor legally available will be sufficient to enable the Obligor to pay the principal of or interest on the Obligation as the same respectively become due and payable. Reference should be made to the Official Statement prepared by the Obligor in relation to the Obligation for factual information which, in the judgment of the Obligor, could materially affect the ability of the Obligor to pay such principal and interest. While we have participated in the preparation of such Official Statement, we have not verified the accuracy, completeness or fairness of the factual information contained therein and, accordingly, we express no opinion as to whether the Obligor, in connection with the sale of the Obligation, has made any untrue statement of a material fact or omitted to state a material fact necessary in order to make any statements made, .in the light of the circumstances tinder which they were made, not misleading. Very truly yours, les 4157-6322-7979 a3 1 0 3 too 0 1 TOWN OF WAPPINGER, NY PO Box 324, Middlebush Road Purchase order No, Wappingers Falls, NY 12590 DO NOT WRITE IN THIS BOX VOUCHER Date Voucher Received DEPARTMENT CLAIMANT'S NAME Tri -Municipal Sewer Commission AND ADDRESS PO Box 859 Wappingers Falls, NY 92590 TERMS FUND -APPROPRIATION AMOUNT Date Description of Materials or Services October 5, 2023 Sewer Billing -July 2023 thru Sept 2023 Less: Deposit Received Total Due Add: Deposit Required 3rd Qtr 2023 TOTALI 210,234.63 C O C 0 T m M Z 0 $ 208,972.11 $ (207,709.59) $ 1,262.52 $ 208,972.11 TOTAL 1 $ 210,234,63 CLAIMANT'S CERTIFICATION I, Jon Jay Baisley, certify that the above account in the amount of $; $210,234.63 is true and correct; that the items, services and disbursements charge ere rendered to or for the municipality on the dates stated; that no part has been paid s isfied- t taxes from which the municipality is exempt, are not include ; and e t claimed Is actually due. October 5, 2023 Chairman Date I e Title ✓ " DEPARTMENT APPROVAL The above services or materials were rendered or furnished to the municipality on the dates stated and the charges aro correct Date Authorized Officer APPROVAL FOR PAYMENT claim is approved and ordered paid from the apriation indictaed above. Re C , a g Be � - --- -- -- uditinoard OCT I 2023 Town of wappinger Town Clerk TRI-MIUNICIPAL SEWER. COMMISSION POST OFFICE BOX 859 WAPPINGERS FALLS, NEW YORK 12590 October 3, 2023 Town of Wappinger 20 Middlebush Road Wappingers Halls, New York 12590 ATTN: Richard Thurston, Supervisor Sewer Usage Billing - Third Quarter 2023 Total Budgeted Expenditures F/Y/E 12/31/23- One 2/31/23 One Quarter Annual Budget Town of Wappinger - Flow Percentage (Below) Total Balance Due Please remit payment upon receipt. $1,876,896.00 469,224.00 44.536% $ 208,972.11 Flows: SEWER FLOW 3rd Quarter 2023 Village of Town of Total Wappingers Falls Town of Wappinger Poughkeepsie July 68.8470 31.1140 29.5820 8,1510 August 54.2710 22.0210 24.9180 7,3320 September 52,1280 21.0400 23.5470 7.5410 Total 175.2460 74.1750 78.0470 23.0240 Flow Percentage 100% 42.326% 44.536% 13.138% a� 0 J m U 0 m 0 0 Q 0 2 0 U 00 �t N O N U) W M N 0 N 0 040 a� E U M Q Director of Strategic Planning & Municipal Codes Barbara Roberti - Ext. 128 PLANNING BOAR© & ZONING BOARD OF APPEALS SECRETARY Bea Ogunti — Ext 122 a3l to I ;jo ow 003 TOWN OF WAPPINGER SUPERVISOR Dr. Richard L. Thurston. �t'ecek\j ed TOWN BOARD William H. Beale Chris Phillips C�fgela Bettina ZONING DEPARTMENT 0� \N' At Al Casella WAPPINGEDDLEBUSHROAHr �`��r� RS FALLS, NY 12590 ' O\Nf\ � (845) 297-1373 Ext. 2 Fax (845) 297-0579 www.townofwappingerny.gov To: Joseph Paoloni, Town Clerk From: Barbara Roberti, Director of Strategic Planning and Municipal Codes Re: Schedule of Performance & Maintenance Bonds for the month o October 2023 October 16, 2023 PERFORMANCE BONDS SUBDIVISION (Sub.) SECURED SITE PLANS SP BY AMOUNT CALL EXPIRES STATUS Maloney Heights Subdivision Bond $222,120.00 10/19/23 11/19/23 -1" reduction (Abjad Nesheiwat) M7751.80S accepted by TB 5/26/2020 Myers Corners Landin Cash bond $122,000.00 No expiration date -accepted by TB 6/8/2020 Ridges Subdivision Letter of Credit $104,464.80 5/1/24 6130124 -1st Reduction accepted by the TB MAINTENANCE BONDS Hilltop Village -Toll Land V Bond $92,491.00 12/12/23 - acco ed by TB 12/13121. Furnia Subdivision Letter of Credit $52,128.00 12/12/24 -accepted by TB 12/12/22 Chelsea Farms Hindu Samai SITE PLAN RESTORATION BONDS Cash Deposit $19,778.00 Cash Deposit $7,500.00 Hudson Valley Lighting Cash Deposit $7,200.00 ****** Myers Run Subdivision Cash Deposit $13,398.00 Old Myers NY LLC Solar Farm Perf Bond $30,000.00 3-26-24 Red Cedar Arborist, Inc. Cash Deposit S10,000.00 ******* Cc: Planning Board Town Board James Horan Jon Bodendorf Michael Sheehan File - Accepted by TB on 2-28-22 tree felling. -Accepted by the TB on March 9, 2020 for tree felling. -Accepted by TB on 0 0 March 8, 2021 Released upon = Resolution Approval °Q W/ signed maps a -Accepted by the TB on L 0 v March 14, 2022 for tree CO It - felling. N 0 N Accepted by TB on CO March 27, 2023. P Tree felling. N 0 -Accepted by TB N August 23, 2021 N 0 a� E U Q 2 TOWN OF WAPPINGER TOWN JUSTICE HEATHER L. KJTCHEN October 05, 2023 JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, PAY 12590.0324 (845) 297.6070 (845) 297-7739 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.oNj. 1 st and 3rd Thursdays 5:30 P. UI. Supervisor Thurston and Members of the Town Board Town. of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 - TOWN JUST"CE CARL S. WOLFSON Re: Heather L. Kitchen, Town Justice Monthly Report, September 2023 Dear Supervisor Thurston and Members of the Town Board; OCT 8. 2023 'Town Of Wappinger Town Clerk The following is a report of the cases disposed of during the month of September 2023; 13 Penal Law matters resulting in $250.00 collected in fines and fees. 92 Vehicle and Traffic Law matters resulting in $10,876.00 collected in fines and fees. 6 Civil matters resulting in $72.00 collected in fees. 17 Termination of Suspension matters resulting in $1,540.00 collected in fees. 2 Tax Law matters resulting in $0.00 collected in fines. 2 Transportation Law matters resulting in $0.00 collected in fines. 1 Criminal Procedure Law matter resulting in $0.00 collected in fines. I have forwarded a check in the amount of $12,738.00 to the Town of Wappinger Comptroller. In addition, I am holding $18,325.00 in pending bail. Respectfully b 'tted, er ' Town cc: Joseph Paoloni, Town Clerk O J (1) U a� O Q L L O U 00 et M N O N U) W M N O M N O 04r- (1) E U M Q TOWN JUSTICE HEA7HER L. KITCHEN TOWN OF W.PPINGFR e' WOW () V TOWN JUSTICE CARL S. WOLFSON October 5"', 2023 JUSTICE COURT 20 M0DLEBUSH ROAD 1WAPPfNGE,RS FALLS, NY 12590-0324 (845) 297.8070 (845)297-7739 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. Ist and 3rd Thursdays 5:30 P.M. Supervisor Thurston and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road. Wappingers, NY 12590 Re: Carl S. Wolfson, Town Justice Monthly Report, September 2023 Dear Supervisor Thurston and. Members of the Town Board; The following is a report of the cases disposed of during the month of September 2023; 11 Penal Law matters resulting in $610.00 collected in fines and fees. 253 Vehicle and Traffic Law matters resulting in $20,788.00 collected in fines and fees. 9 Civil matters resulting in $145.00 collected in fees. 30 Termination of Suspension matters resulting in $3,290.00 collected in fees. 2 Town Ordinance matters resulting in $0.00 collected in fines. 1 Tax Law matter resulting in $0.00 collected in fines. 2 Transportation Law matters resulting in $0.00 collected in fines. 1 Executive Law matter resulting in $100.00 collected in fees. I have forwarded a check in the amount of $24,933.00 to the Town of Wappinger Comptroller. In addition, I am holding $16,621.00 in pending bail. 1. s b Ott Carl S. Wolfson, Town Justice cc: Joseph Paoloni, Town Clerk O J (1) U m O Q m L L O U 00 et M N O N U) W M N O M N O N a� E U M Q