The URL can be used to link to this page

2023-12-11Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5772 Monday, December 11, 2023 6:30 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 6:30 PM William H. Beale Town of Wappinger Councilman Present 6:30 PM Angela Bettina Town of Wappinger Councilwoman Present 6:30 PM Christopher Phillips Town of Wappinger Councilman Present 6:30 PM Al Casella Town of Wappinger Councilman Present 6:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 5:30 PM II. Salute to the Flag III. Executive Session - Interviews Start at 6:30 PM 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni IV. Agenda and Minutes 1. Motion To: Adopt Agenda COMMENTS - Current Meeting: Moved up Resolution 2023-160 Town of Wappinger Page I Printed 12/29/2023 Regular Meeting Minutes December 11, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni 2. Motion To: Acknowledge Minutes of November 9 and November 13, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni V. Public Portion 1. Motion To: Open Public Portion COMMENTS - Current Meeting: Markos Peraketos from Booth Blvd addressed the board stating that both the Planning Board and the Town Board had not agreed to the stipulation before it was fully executed without disclosing it to the Judge. He stated for the record: "There's a resolution on the agenda to vote on authorizing the town attorney to sign a stipulation of settlement in the Downey case on the town board's behalf. That stipulation was already signed by both attorneys on September 13 and executed by the judge on September 15, 2023 and was filed with the Dutchess County Supreme Court Clerk on the same day, making it a legally binding document. I'm also a member of the planning board. We were never presented with this stipulation or gave our consent to signing on our behalf. I never saw the stipulation of settlement or agreed to it. I first became aware of it on October 23 when it was discussed at the town board meeting. You discussed changes at that meeting. I don't see where they were made. And since it's already signed and filed how can you change the agreement? Since the stipulation of settlement was signed, without the knowledge, consent and approval of the planning board, we would request that the town board direct the attorney to the town to file the necessary documents, requesting the judge to vacate this stipulation as written." The Attorney -To The -Town later in the meeting agreed to file the necessary document, which has not yet been done at the time of filing these minutes. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni 2. New York Citizens Audit Town of Wappinger Page 2 Printed 12/29/2023 Regular Meeting Minutes December 11, 2023 Carmine Rotano addressed the baord regarding'A New York Citizens Audit' on election fraud. Details are on the Town's website Video. 3. 240-50 Attorney Ken Stenger approached the board to discuss the repeal of Local Law 1 code section 240-50. He recommended that the board act on 240-19B which was an adequate substitute for it. Details are on the Town's website Video. 4. Motion To: Close Public Portion RESULT: ADOPTED [5 TO 01 MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Phillips, Casella, Paoloni ABSTAIN: Angela Bettina VI. Discussions RESOLUTION: 2023-160 Resolution Appointing Town Comptroller WHEREAS, the incumbent in the position of Town Comptroller resigned creating a vacancy in the position; and WHEREAS, the Town Comptroller is an Exempt Position under the Civil Service Rules of Dutchess County Human Resources having the duties and qualification listed in the attached job description; and WHEREAS, the position of Town Comptroller is an exempt position under the Taylor Law and cannot be part of any collective bargaining unit; and WHEREAS, the Town Comptroller shall have the power and duties set forth in Town Law §34; and WHEREAS, the Town Board wishes to fill the vacancy in the office of Town Comptroller; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Jessica Servidio to the office of Town Comptroller beginning on January 2, 2024 for a Two Year Term. 2. The Town Comptroller shall serve at the pleasure of the Town Board as set forth in Town Law §24. 3. The Town Comptroller shall take and subscribe the oath of office as required by the provisions of Town aw §25. Town of Wappinger Page 3 Printed 12/29/2023 Regular Meeting Minutes December 11, 2023 4. The Town Human Resources Department shall file the paperwork necessary to effectuate this appointment with the Dutchess County Department of Human Resources and any other required agency. 5. Compensation for the Town Comptroller shall be at salary of $130,000 per annum and paid from budget line A1315.100 with 3 weeks vacation. The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2023-160 Yes/Aye No/Nay Abstain Absent D Adopted Richard Thurston ..................... ...... ,........ Voter D ..... ❑ ..... ❑........,....... ❑..... ❑ Adopted as Amended William H. Beale Seconder D ❑ ❑ ❑ ❑ Defeated Angela Bettina ..........................Voter ... .......E................0 ................❑ ................❑................❑..... ❑ Tabled ... ..................... Christopher Phillips ..e... ......... Voter ........... 0 ............ ❑ ........... ❑ ... ❑ ❑ Withdrawn Al Casella Mover0 ❑ El ❑ "Jos" Jos h P. Paoloni Voter .... ......... D ....... ,........❑ .......,........ El........,....... ❑ ..... Dated: Wappingers Falls, New York December 11, 2023 The Resolution is hereby duly declared Adopted. 2. Kevin Hathorn and a Hometown Heroes Presentation Kevin Hathorn gave a presentation and update to the Hometown Heroes program. Details are on the Town Website's video. 3. 2024 Recycle Center Items and Barcode Purchase No Changes were made to pricing or regulations. Barcodes were moved before executive session. It was decided NOT to purchase these handheld computers. VII. Resolutions RESOLUTION: 2023-154 Resolution Authorizing A Memorandum Of Agreement With Teamsters Union Local 445 For Deputy Clerks Compensation WHEREAS, the Deputy Clerks have continually performed duties (Appendix A) on a daily basis far beyond their civil service job description (Appendix B) for the job title and are appointed in the position; and WHEREAS, The Deputy Town Clerks are part of the Collective Bargaining Unit represented by Teamsters Union Local 445 (the "Union"); and Town of Wappinger Page 4 Printed 12/29/2023 Regular Meeting Minutes December 11, 2023 WHEREAS, the Town and the Teamsters wish to adjust the salary for a the Deputy Town Clerks to be commensurate with duties of the job and other similar job titles; and WHEREAS, the Town and the Union have negotiated a Memorandum of Agreement which reflects appropriate compensation for the Deputy Town Clerks; and WHEREAS, the Union has agreed to the terms of the MOA and request that the Town Board also approve the MOA; WHEREAS, the Town Board agrees that the MOA is appropriate and should be approved; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town of Wappinger hereby approves the MOA dated January 1, 2024 attached hereto. 2. The Town Board hereby authorizes the Supervisor and Town Board to execute the MOA on behalf of the Town and to deliver signed agreements to the Union. 3. The Supervisor is directed to provide a copy of the MOA signed by all the parties to the Town Clerk to maintain in his files with the other contracts with the Union. 4. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-154 To Line $3,594.50 A0915 Unallocated Fund Balance A1930.400 Judgments & Claims/Contr Expend Yes/Aye„ No/Nay Abstain.... Absent El Adopted ❑ Adopted as Amended Richard Thurston Voter 0 ❑ El El ❑ Defeated William H. Beale Mover D ❑ ❑ ❑ 0 Tabled Angela Bettina Voter .......... .... 0 ....... ............... ❑ ........ .................................... El El................ ❑ Withdrawn Christopher Phillips Voter 0 ❑ ❑ .. .. .......... El. Next: 1/8/24 7:00 PMAl Casella ..................... . Seconder 0 ..................❑ ❑ ................... El .................. El Jos h P. Paoloni Voter............. D ❑ ❑....... Dated: Wappingers Falls, New York December 11, 2023 The Resolution is hereby duly declared Tabled. RESOLUTION: 2023-155 Resolution Authorizing Payment Of Attorneys Fees Pursuant To Town Rules WHEREAS, the Town Board commenced an Investigation against a Town Official; and WHEREAS, the Town Official incurred $3,594.50 in legal fees, so a transfer of funds is required; NOW, THEREFORE, BE IT RESOLVED: 1. The following budget transfer is hereby authorized to pay for the legal fees: Amount From Line To Line $3,594.50 A0915 Unallocated Fund Balance A1930.400 Judgments & Claims/Contr Expend Town of Wappinger Page 5 Printed 12/29/2023 Regular Meeting Minutes December 11, 2023 2. The Comptroller is hereby directed to issue a check to Stenger, Diamond, and Glass, LLP, in the amount of $$3,594.50. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-155 0 Adopted ElAdo ted as Amended ....................................... ................................................................................. Yes/Aye No/Nay Abstain Absent Yes/Aye No/Nay Abstain Absent El Adopted ❑ Adopted as AmendedRichard Thurston Vo ter D ❑ El❑ Elte Defeated William H. Beale Vor 0 ❑ El El 0 Tabled Angela Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Voter D ❑ ❑ ❑ Next: 1/8/24 7:00 PM Al Casella .....................Vote Mover0 ... ...... ..... ❑ .........❑ ..... ...... El .... ❑ .... Joseph P. Paoloni r D ❑...... ❑ Dated: Wappingers Falls, New York December 11, 2023 The Resolution is hereby duly declared Tabled. RESOLUTION: 2023-156 Resolution Authorizing Agreement With Camo Pollution Control, Inc. For Management, Supervision, Operation And Maintenance Of The Town Of Wappinger Water And Wastewater Treatment Facilities And Systems WHEREAS, Camo Pollution Control, Inc. (hereinafter "CRMO") is licensed by the New York State Department of Environmental Conservation to operate Water and Wastewater Treatment Plants; and WHEREAS, NYS DEC regulations require operators of Water and Wastewater Systems to be licensed; and WHEREAS, a contract with a licensed operator of Water and Wastewater Systems is a professional services contract not subject to competitive bidding; WHEREAS, CRMO has provided long and valuable service to the Town of Wappinger as the operator of its Water and Wastewater Systems and is recognized a leader in the industry; and NOW, THEREFORE, BE IT RESOLVED: The Town Board hereby designates CRMO to manage, operate and maintain the Water and Wastewater Treatment Facilities, Distribution and Collection Systems within the Town of Wappinger; and The Town Board hereby authorizes the Town Supervisor to execute the Agreement for Management, Supervision, Operations and Maintenance of the Town of Wappinger Water and Wastewater Treatment Facilities and Systems with CRMO, in the form attached hereto. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-156 0 Adopted ElAdo ted as Amended ....................................... ................................................................................. Yes/Aye No/Nay Abstain Absent Town of Wappinger Page 6 Printed 12/29/2023 Regular Meeting Minutes December 11, 2023 ❑ Defeated Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Tabled William H. Beale Voter D ❑ ❑ ❑ ElWithdrawn ...... Angela Bettina D ❑ ...... ❑...... El... ............... .....................Mover Christopher Phillips . . ..... ............. Voter .... El ❑ ❑ ❑ Al Casella Seconder0 ❑ El El Jos h P. Paoloni..................... . Voter............. D ..................❑ ................... ❑.................. ❑....... Dated: Wappingers Falls, New York December 11, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-158 Resolution Authorizing Right Of Way Licensing Agreement With Verizon Wireless Of The East LP For Utility Pole Installation WHEREAS, Verizon Wireless of the East LP d/b/a Verizon Wireless ("Verizon") wishes to access a portion of the public rights-of-way within the Town's territorial boundaries ("Right - of -Way") to install and operate a new small wireless facility intended to provide communications services to the residents, and emergency services that operate, within the Town; and WHEREAS, Verizon proposes to install and operate a new small wireless facility in the Kent Road Right -of Way, which is a Town Right -of -Way, which facility includes a 46.2' wooden utility pole and related pole -mounted equipment, the general design and location of which are shown on the sketch provided in Exhibit A annexed hereto ("Kent Rd. Facility" or "Facility"); and WHEREAS, on October 16, 2023, the Wappinger Planning Board adopted a Resolution of Site Development Plan and Special Use Permit for the Kent Rd. Facility, in which the Planning Board authorized the installation and operation of the Kent Rd. Facility subject to certain conditions including the condition that Verizon obtain a license agreement from the Town Board of Wappinger for use of the Town Right of Way; and WHEREAS, Verizon proposes to install and operate a new small wireless facility in the Spook Hill Road Right -of Way, which is a Town Right -of -Way, which facility includes a 46.2' wooden utility pole and related pole -mounted equipment, the general design and location of which are shown on the sketch provided in Exhibit B annexed hereto ("Spook Hill Rd. Facility" or "Facility"); and WHEREAS, the Wappinger Planning Board is considering a Resolution of Site Development Plan and Special Use Permit for the Spook Hill Road Facility, in which the Planning Board will authorize the installation and operation of the Spook Hill Rd. Facility subject to certain conditions including the condition that Verizon obtain a license agreement from the Town Board of Wappinger for use of the Town Right of Way; and WHEREAS, the Town wishes to enable Verizon to provide its communication services to benefit its residents and emergency services agencies; and WHEREAS, the Town Board believes that it is in the interest of the Town of Wappinger to enter into the annexed Right of Way Agreements with Verizon; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby authorizes the Supervisor to sign the annexed RIGHT OF WAY AGREEMENT on behalf of the Town of Wappinger. Town of Wappinger Page 7 Printed 12/29/2023 Regular Meeting Minutes December 11, 2023 2. The Town Board authorizes and directs that the Town Clerk forward certified copies of this resolution to the Superintendent of Town Highways and the Town of Wappinger Planning Board. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2023-158 Amount From Line Description To Line Description $2,700 A0917 A Fund Balance A1620.200 Yes/Aye No/Nay Abstain Absent ❑ Adopted ❑ ........ ❑ Adopted William H. Beale ....................... ❑....... ............... ❑ ...❑....... ❑ Adopted as Amended El Adopted as Amended Richard Thurston Voter El ..... ❑ ... ❑ ❑ ..... ❑ Defeated ❑ William H. Beale .................... .... Mover ................ D ....... ........ ❑ ................ ❑ ......,.......❑ ....... ....... . 0 Tabled .. Angela Bettina Voter D ❑ ❑ ❑ FlWithdrawn Christopher Phillips Voter 0 ❑ ...... . ❑ .. . . .. El.. Next: 1/8/24 7:00 PM .............................. El........ Al Casella "Jos" Seconder .... ......... 0 ....... ❑ ,........❑ .......,........ El ❑ ..... Jos h P. Paoloni Voter D El........,....... ❑ Dated: Wappingers Falls, New York December 11, 2023 The Resolution is hereby duly declared Tabled. RESOLUTION: 2023-161 Resolution Authorizing the Purchase Of Shredder For Town Hall WHEREAS, The Town Clerk has Has Requested Funds To Replace A broken and discareded shredder; and WHEREAS, The Town Clerk incurs $1,100 of expenses to Shredding Companies time shredding services are requested; NOW, THEREFORE, BE IT RESOLVED, That The Town Board Hereby Authorizes the purchase and the Following Budget Line Transfer: Transfers For General "A" Fund Amount From Line Description To Line Description $2,700 A0917 A Fund Balance A1620.200 Building Equipment The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2023-161 Yes/Aye No/Nay Abstain Absent Richard Thurston ❑ ❑ ❑ ❑ ❑ Adopted William H. Beale ....................... ❑....... ............... ❑ ...❑....... ❑ ..... El Adopted as Amended ............ ❑ Defeated Angela Bettina ❑ ❑ ❑ ❑ El Tabled.......... ..................................... .. ..... 0 Withdrawn Phillips ❑.............. ❑ ❑ ❑ Al Casella ❑ ❑ ❑ ❑ Joseph P. Paoloni .............................. El........ ......... ❑........, ........ El......... ❑...... Dated: Wappingers Falls, New York December 11, 2023 The Resolution is hereby duly declared Withdrawn. Town of Wappinger Page 8 Printed 12/29/2023 Regular Meeting Minutes December 11, 2023 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: J Vote Record - Resolution RES -2023-140 Yes/Aye No/Nay Abstain Absent El Adopted ❑ Adopted as Amended Richard ThurstonWi .. Mover .. D ........ ❑ El ...... El El Defeated . eale ..................... lliam HB Voter D ,...... ❑ ... ❑ ❑..... 0 Tabled Angela BettinaSeconder .................... 0 ....... ....... .. .... ❑ ❑ El................ F1Withdrawn Christopher Phillips Voter 0 ❑ ❑ El Next: 1/8/24 7:00 PM Al CasellaMover ...................... ... ...... 0 ..... ❑ ..... El ...... ❑ .... Jos...h P. Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York December 11, 2023 The Resolution is hereby duly declared Tabled. RESOLUTION: 2023-162 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Town of Wappinger Page 9 Printed 12/29/2023 Regular Meeting Minutes December 11, 2023 Correspondence Lo - 23-12-11 To From Date Date Ret' Re: Agenda Crete 12-11-991 Torn Board Heather I. Kitchen 111112923 11/14/2923 October 2023IMonthl Report 1211112923 12-11-002 Town Board Carl S. Wolfson 11/9/2923 11/14/2923 October 2023.Monthly Report 12111/2023 12-11-993 Torn Board Lee Anne Freno 1111512923 11/15/2923 October 2023.school Tax Report 1211112923 12-11-994 Town Board Hu hsonville Fire district 11122/2923 11/2212923 Notice Of Annual Election 12111/2923 12-11-995 Torn Board NYS Parks, Rec & Historic Presery 1111512023 11/27/2923 Grant Program 1211112923 12-11-096 Town Board NYS Deo of Transportation 1112.9/2923 11/27/2923 Bride NY Pro ram 12111/2923 12-11-997 Torn Board Chelsea Fire District 1112712023 11/27/2923 Notice of Annual Election 1211112923 12-11-998 Town Board NYMIR 11127/2923 11/29/2923 Downey Energry and Northeast 49, LLC 12111/2923 12-11-999 Torn Board Lee Anne Freno 12171292.3 1217/2'923 Letter of Intent 1211112923 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 -2023-162 Yes/Aye No/Nay Abstain Absent Rl AdoptedRichardThurston ......................,.Voter... .......D...... ❑.......,........❑........,.......❑..... El Adopted as Amended William H. Beale ..................... ..Voter.... ,........ D ..... ❑ .......,....... ❑........,...... ❑ .... ❑ Defeated Angela Bettina...........................Mover..., ...... Rl ..... ❑ ..... ❑...... ❑ .... ❑ Tabled Christopher Phillips Seconder Rl ❑ ... ❑ ❑ ❑ Withdrawn ............ ........... Al Casella ... Voter .... .... D .... ................ ❑ ............... ❑ ... ❑ Joseph P. Paoloni Voter .... ......... D ....... ,........❑ .......,........ ❑ ........,....... ❑ ..... Dated: Wappingers Falls, New York December 11, 2023 The Resolution is hereby duly declared Adopted. 8. Motion To: Buy Shelving For the Highway Department COMMENTS - Current Meeting: DB 5142.401 to 5130.401 vehicles DB Transfer $11,000 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni 9. Motion To: Buy Windows Scanners For Highway Out of Town Clerk's Budget COMMENTS - Current Meeting: Transfer $2,096.41 from A1410.406 to A1410.200 to Pay for Highway Scanners. Town Clerk Paoloni decided NOT to buy these expensive handheld computers that could be subject to weather and handling issues. Town of Wappinger Page 10 Printed 12/29/2023 Regular Meeting Minutes December 11, 2023 qy B 2021 N4ra4on Drivio aRCOE)"IE FaCTOR Y E i1e, Nk '16510 A A PAFAGOPd PW.NT SYSTEM$ COMIFANY bkPree 88B,237a52S PK 814,456,8331 Fa)(. 8114 1156 7905 actiogy cml �Requested �By: JOE PADLON I "1" WN OF WAPPINGER NY J PAO L,O N VT0WN10FVVAPP INGE R N'Y.GO'V Attiotirjr% lb'IDE PAO:PMO Requostt-d Orl'12/Y2023 2 P rod utt S KU ° 942600003 Datinbglc, Skorpo X4 P16tol,Grip, 80,211 ijAdVr1i MIMOCCX 'V4, Blu000th'V4, IGB RAW&G,B Rash, 50 KEY Ful Alph,a Numeric, Grooni L,a:,.Lr Likt- ID Iniagor Wthi Groomi Spot, Wirtdows EmbeddL�d,Cornpa07, FCC Product Noter� FSS R P '$1,932.00 IIML& skz W2 Aliza ftmgii� 5,111anwhf, Product SKU: 94ACC13,90 Datinbglc, ADC Power Supply For Skorpio 7,81 4, r or DlroLt C ho rf4t, Gcote Estimation Provided �B� Mork Chrzanowt Accourlit Mana�p Barcodt-Focto Phorto' 0 (914)456.81 OluNumber # 11460" $1031.16 S2045:2.32 S34�09 S3409 Sub Tota L $20,96., Shipping Chinrgmss" $0-0 Tax: 'TBD k[aridllr�g N,,@ $0-0 Order roftil-. $2096A Town of Wappinger Page 11 Printed 1212912023 Regular Meeting Minutes December 11, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni VIII. 2nd Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni 2. Motion To: Return From Ececutive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni IX. Items for Special Consideration/New Business RESOLUTION: 2023-157 Resolution Authorizing The Ratification of the Filing of The Notice Of Appeal and Perfecting of Appeal In The Matter Of The Application Of Mid -Hudson Development Corp. And Mid -Hudson Holdings, LLC Vs. The Town Of Wappinger And The Town Of Wappinger Town Board WHEREAS, Mid -Hudson Development Corp. and Mid -Hudson Holdings, LLC, filed a lawsuit against the Town of Wappinger and Town of Wappinger Town Board in the Supreme Court of the State of New York, County of Dutchess, under Index No. 2023-51732, and WHEREAS, the Hon. Maria G. Rosa, J.S.C. issued a Decision and Order in the action dated November 14, 2023, which invalidated Local Law 1 of 2023 and granted attorneys fees to the Plaintiffs; and WHEREAS, the Attorney -To -The -Town has advised the Town Board that the decision of the Court is incorrect as a matter of law and the Town Board wishes to appeal the decision to the Appellate Division; and WHEREAS, the Attorney to the Town timely filed a Notice of Appeal on November 28, 2023; and WHEREAS, the Town has six months to perfect the appeal in the Appellate Division Second Department; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Attorneys to the Town Wallace & Wallace, LLP to perfect the appeal in the Appellate Division 2 Department under the caption In the Matter of the Application of Mid -Hudson Development Corp. and Mid - Hudson Holdings, LLC v. The Town of Wappinger and The Town of Wappinger Town Board bearing Case Number 2023-11453; and Town of Wappinger Page 12 Printed 12/29/2023 Regular Meeting Minutes December 11, 2023 BE IT FURTHER RESOLVED THAT the Town Board hereby authorizes Wallace & Wallace, LLP the payment of legal fees, costs and expenses of the appeal in accordance with the terms of the retainer agreement for the Attorney to the Town; and BE IT FURTHER RESOLVED THAT the Town Board hereby ratifies and confirms the filing of the Notice of Appeal by the Attorneys to the Town on November 28, 2023 and the Attorney -To - The -Town has advised the Town Board that the filing of the notice of appeal by the Town operates as a stay to all proceedings to enforce the judgment or order appealed from pending the determination of the appeal pursuant to CPLR 5519(a)(1). The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-157 ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni Yes/Aye No/Nay Abstain Absent ❑ Adopted Richard Thurston ....................... Voter ... ...... El ..... ❑ .......,....... ❑...... ❑..... D Adopted as Amended 111� William H. Beale Voter 0 ❑ ElEl❑Defeated Angela Bettina Seconder0 ❑ El El Tabled Christopher Phillips D ....... ,........❑ ..... ..... ❑ .......,.......❑ ..... ElWithdrawn ....................Mover...,........ Al Casella......... ................ Voter ...........(✓7...... ❑.......,........❑........,.......❑..... Jos...h P. Paoloni ..................... Voter ... ...... El ..... ❑ ..... ...... ❑ ❑ .... Dated: Wappingers Falls, New York December 11, 2023 The Resolution is hereby duly declared Adopted as Amended. 2. Motion To: Authorize the Attorney to revise Res 2023-158 to be consistant with Planning Board Approval RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni 3. Motion To: Authorize the Attorney to respond to the order to show cause with regard to Res. 2023-140 Stipulation of Settlement RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni RESOLUTION: 2023-159 Resolution Authorizing Revised Water Tenancy Agreement For Nature Preserve Homeowners' Association, Inc. WHEREAS, the Nature Preserve Homeowners Association, Inc. (the HOA) provides potable water to 53 residential units at the Nature Preserve on Berry Lane and Doe Trail; and Town of Wappinger Page 13 Printed 12/29/2023 Regular Meeting Minutes December 11, 2023 WHEREAS, the wells of the HOA have failed and can no longer provide potable water to the residents of the Nature Preserve and they need to connect to the main of the United Wappinger Water District ("UWWD") to serve their properties; and WHEREAS, the HOA has requested to enter into a tenancy agreement for the supply of water from the UWWD to serve their properties on Berry Lane and Doe Trail until such time as the United Wappinger Water District is extended to include their properties; and WHEREAS, the connection of the Property to the UWWD water main located in a Town Easement a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5 (c) (11); and WHEREAS, the Attorney to the Town drafted a Water Tenancy Agreement to supply water to the properties which was previously approved by the Town Board, but the HOA requested changes to the agreement subsequent to the approval of the Town Board; 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 revised Water Tenancy Agreement with the HOA 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 account. 5) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be provided to the Dutchess County Department of Behavioral and Community Health. 6) 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 J Vote Record - Resolution RES -2023-159 Yes/Aye No/Nay Abstain Absent D Adopted Richard Thurston ......................Voter .... .......D ....... ,....... ❑ ...... ,........❑ .......,.......❑ ..... ❑ Adopted as AmendedWilliam H. Beale .........................Mover..... ......D...... ❑.......,........❑ .......,.......❑ ..... El Defeated Angela Bettina ........................ ..Voter.... ...... D ..... ❑ ..... El..... ❑..... El Tabled Christopher Phillips ....,........ D ....... ,........❑ ..... ..... ❑ .......,.......❑ ..... El Withdrawn ....................Voter Al Casella......... ................ Secon11 dex.........0...... ❑.......,........❑........,.......❑ ..... Jos...h P. Paoloni ...................... Voter ... ...... El ..... ❑ ..... ...... ❑ ❑ .... Dated: Wappingers Falls, New York December 11, 2023 The Resolution is hereby duly declared Adopted. 5. Motion To: Pay the Receiver of Taxes $1,250 from the Water and $1,250 from the Sewer Districts Town of Wappinger Page 14 Printed 12/29/2023 Regular Meeting Minutes December 11, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni 6. Approving payment of outstanding vouchers Absract 41, 42, 43 and 44 in the amount of $66,211 Moved by Beale Second by Casella Vote Approved Approved $59.34 for delivering Packages Approve $4,100 for Senior Luncheon Spook Hill Equipment and Installation Charges $32,812.90 Moved by Beale Second by Bettina Vote Approved No Supporting Documentation was given to the Town Clerk X. Adjournment Motion To: Wappinger Adjournment & Signature COMMENTS - Current Meeting: The meeting adjourned at 10:28 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni Town of Wappinger Page 15 Printed 12/29/2023 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-160 Meeting: 12/11/23 06:30 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Resolution Appointing Town Comptroller DOC ID: 6092 WHEREAS, the incumbent in the position of Town Comptroller resigned creating a vacancy in the position; and WHEREAS, the Town Comptroller is an Exempt Position under the Civil Service Rules of Dutchess County Human Resources having the duties and qualification listed in the attached job description; and WHEREAS, the position of Town Comptroller is an exempt position under the Taylor Law and cannot be part of any collective bargaining unit; and WHEREAS, the Town Comptroller shall have the power and duties set forth in Town Law §34; and WHEREAS, the Town Board wishes to fill the vacancy in the office of Town Comptroller; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Jessica Servidio to the office of Town Comptroller beginning on January 2, 2024 for a Two Year Term. 2. The Town Comptroller shall serve at the pleasure of the Town Board as set forth in Town Law §24. 3. The Town Comptroller shall take and subscribe the oath of office as required by the provisions of Town aw §25. 4. The Town Human Resources Department shall file the paperwork necessary to effectuate this appointment with the Dutchess County Department of Human Resources and any other required agency. 5. Compensation for the Town Comptroller shall be at salary of $130,000 per annum and paid from budget line A1315.100 with 3 weeks vacation. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni Updated: 12/20/2023 12:28 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2023-154 Meeting: 12/11/23 06:30 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Councilman Al Casella DOC ID: 6087 Resolution Authorizing A Memorandum Of Agreement With Teamsters Union Local 445 For Deputy Clerks Compensation WHEREAS, the Deputy Clerks have continually performed duties (Appendix A) on a daily basis far beyond their civil service job description (Appendix B) for the job title and are appointed in the position; and WHEREAS, The Deputy Town Clerks are part of the Collective Bargaining Unit represented by Teamsters Union Local 445 (the "Union"); and WHEREAS, the Town and the Teamsters wish to adjust the salary for a the Deputy Town Clerks to be commensurate with duties of the job and other similar job titles; and WHEREAS, the Town and the Union have negotiated a Memorandum of Agreement which reflects appropriate compensation for the Deputy Town Clerks; and WHEREAS, the Union has agreed to the terms of the MOA and request that the Town Board also approve the MOA; WHEREAS, the Town Board agrees that the MOA is appropriate and should be approved; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town of Wappinger hereby approves the MOA dated January 1, 2024 attached hereto. 2. The Town Board hereby authorizes the Supervisor and Town Board to execute the MOA on behalf of the Town and to deliver signed agreements to the Union. 3. The Supervisor is directed to provide a copy of the MOA signed by all the parties to the Town Clerk to maintain in his files with the other contracts with the Union. 4. This resolution shall take effect immediately. RESULT: TABLED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni Next: 1/8/2024 7:00 PM Updated: 11/21/2023 3:51 PM by Joseph P. Paoloni Page 1 Town of Wappinger Meeting: 12/11/2306:30 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Appropriations Prepared By: Joseph P. Paoloni TABLED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2023-155 DOC ID: 6086 Resolution Authorizing Payment Of Attorneys Fees Pursuant To Town Rules WHEREAS, the Town Board commenced an Investigation against a Town Official; and WHEREAS, the Town Official incurred $3,594.50 in legal fees, so a transfer of funds is required; NOW, THEREFORE, BE IT RESOLVED: 1 The following hudget transfer is herehv authorized to nav for the legal fees - Amount From Line To Line $3,594.50 A0915 Unallocated Fund Balance A1930.400 Judgments & Claims/Contr Expend 2. The Comptroller is hereby directed to issue a check to Stenger, Diamond, and Glass, LLP, in the amount of $$3,594.50. This resolution shall take effect immediately. COMMENTS - Current Meeting: This resolution was tabled, yet the fees were already paid and the check already cashed by the Attorney Ken Stenger!! RESULT: TABLED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni Next: 1/8/2024 7:00 PM Updated: 12/11/2023 11:46 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-156 Meeting: 12/11/23 06:30 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6085 Resolution Authorizing Agreement With Camo Pollution Control, Inc. For Management, Supervision, Operation And Maintenance Of The Town Of Wappinger Water And Wastewater Treatment Facilities And Systems WHEREAS, Camo Pollution Control, Inc. (hereinafter "CRMO") is licensed by the New York State Department of Environmental Conservation to operate Water and Wastewater Treatment Plants; and WHEREAS, NYS DEC regulations require operators of Water and Wastewater Systems to be licensed; and WHEREAS, a contract with a licensed operator of Water and Wastewater Systems is a professional services contract not subject to competitive bidding; WHEREAS, CRMO has provided long and valuable service to the Town of Wappinger as the operator of its Water and Wastewater Systems and is recognized a leader in the industry; and NOW, THEREFORE, BE IT RESOLVED: The Town Board hereby designates CRMO to manage, operate and maintain the Water and Wastewater Treatment Facilities, Distribution and Collection Systems within the Town of Wappinger; and The Town Board hereby authorizes the Town Supervisor to execute the Agreement for Management, Supervision, Operations and Maintenance of the Town of Wappinger Water and Wastewater Treatment Facilities and Systems with CRMO, in the form attached hereto. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni Updated: 11/21/2023 2:55 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2023-158 Meeting: 12/11/23 06:30 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6093 Resolution Authorizing Right Of Way Licensing Agreement With Verizon Wireless Of The East LP For Utility Pole Installation WHEREAS, Verizon Wireless of the East LP d/b/a Verizon Wireless ("Verizon") wishes to access a portion of the public rights-of-way within the Town's territorial boundaries ("Right - of -Way") to install and operate a new small wireless facility intended to provide communications services to the residents, and emergency services that operate, within the Town; and WHEREAS, Verizon proposes to install and operate a new small wireless facility in the Kent Road Right -of Way, which is a Town Right -of -Way, which facility includes a 46.2' wooden utility pole and related pole -mounted equipment, the general design and location of which are shown on the sketch provided in Exhibit A annexed hereto ("Kent Rd. Facility" or "Facility"); and WHEREAS, on October 16, 2023, the Wappinger Planning Board adopted a Resolution of Site Development Plan and Special Use Permit for the Kent Rd. Facility, in which the Planning Board authorized the installation and operation of the Kent Rd. Facility subject to certain conditions including the condition that Verizon obtain a license agreement from the Town Board of Wappinger for use of the Town Right of Way; and WHEREAS, Verizon proposes to install and operate a new small wireless facility in the Spook Hill Road Right -of Way, which is a Town Right -of -Way, which facility includes a 46.2' wooden utility pole and related pole -mounted equipment, the general design and location of which are shown on the sketch provided in Exhibit B annexed hereto ("Spook Hill Rd. Facility" or "Facility"); and WHEREAS, the Wappinger Planning Board is considering a Resolution of Site Development Plan and Special Use Permit for the Spook Hill Road Facility, in which the Planning Board will authorize the installation and operation of the Spook Hill Rd. Facility subject to certain conditions including the condition that Verizon obtain a license agreement from the Town Board of Wappinger for use of the Town Right of Way; and WHEREAS, the Town wishes to enable Verizon to provide its communication services to benefit its residents and emergency services agencies; and WHEREAS, the Town Board believes that it is in the interest of the Town of Wappinger to enter into the annexed Right of Way Agreements with Verizon; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby authorizes the Supervisor to sign the annexed RIGHT OF WAY AGREEMENT on behalf of the Town of Wappinger. 2. The Town Board authorizes and directs that the Town Clerk forward certified copies of this resolution to the Superintendent of Town Highways and the Town of Wappinger Planning Board. COMMENTS - Current Meeting: Tabled with the Attorney -To -The -Town to revise. Updated: 12/7/2023 12:48 PM by Joseph P. Paoloni Page 1 Resolution 2023-158 Meeting of December 11, 2023 RESULT: TABLED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni Next: 1/8/2024 7:00 PM Updated: 12/7/2023 12:48 PM by Joseph P. Paoloni Page 2 RIGHT-OF-WAY AGREEMENT This Right -of -Way Agreement ("Agreement") is entered into between the Town of Wappinger ("Town") and Verizon Wireless of the East LP d/b/a Verizon Wireless ("Verizon") and its successors and assigns. WHEREAS, Verizon wishes to access a portion of the public rights-of-way within the Town's territorial boundaries ("Right -of -Way") to install and operate a new small wireless facility intended to provide communications services to the residents, and emergency services that operate, within the Town; and WHEREAS, Verizon proposes to install and operate a new small wireless facility in the Kent Road Right -of Way, which is a Town Right -of -Way, which facility includes a 46.2' wooden utility pole and related pole -mounted equipment, the general design and location of which are shown on the sketch provided in Exhibit A annexed hereto ("Kent Rd. Facility" or "Facility"); and WHEREAS, on October 16, 2023, the Wappinger Planning Board adopted a Resolution of Site Development Plan and Special Use Permit for the Kent Rd. Facility, in which the Planning Board authorized the installation and operation of the Kent Rd. Facility subject to certain conditions including the condition that Verizon obtain a license agreement from the Town Board of Wappinger for use of the Town Right of Way; and WHEREAS, the Town wishes to enable Verizon to provide its communication services to benefit its residents and emergency services agencies; NOW, THEREFORE, the parties agree as follows: 1. Verizon's use of the Right -of -Way will be to install, maintain, operate, repair, modify, replace, and/or remove from time to time certain communications facilities. The Kent Rd. Facility may include the installation and operation of antennas, radios, wireless microwave and other backhaul equipment, fiber optic cables, conduit, ducts, control boxes, vaults, poles, cables, power sources, and/or other equipment, structures, appurtenances, and improvements. 2. Verizon's use of the Right -of -Way will be consistent with the Town's Right -of -Way management regulations (if any) and all applicable local, state and federal laws and regulations. 3. The Right -of -Way may be used by Verizon, seven (7) days a week, twenty-four (24) hours a day, only for the installation, construction, use, maintenance, operation, repair, modification, replacement and upgrade of the Facility by Verizon from time to time for communications services or to comply with applicable law, and not for any other purpose whatsoever. 4. Verizon shall keep and maintain the Facility in commercially reasonable condition and repair throughout the term, normal wear and tear and casualty excepted. Verizon shall have Rights -of -Way Agreement for Verizon Wireless Page 2 the right to conduct testing and maintenance activities, and repair and replace damaged or malfunctioning Facility at any time during the term. Verizon will obtain permits and pay fees applicable to Verizon's use of the Right -of -Way only as required under the Town's Right -of -Way management regulations and/or any other applicable local, state or federal regulation, including, without limitation, those designed to protect structures in the Right -of -Way, to ensure the proper restoration of the Right -of - Way and any structures located therein, to provide for protection and the continuity of pedestrian and vehicular traffic, and otherwise to protect the safety of the public's utilization of the Right -of -Way. 6. Verizon may remove the Facility from time to time during the term, in which event Verizon shall provide advance notice thereof to the Town and Verizon shall have no further obligations or liability (including for the payment of any applicable recurring fees) in connection therewith. 7. Verizon shall remove and relocate its Facility at its own expense to an alternative location made available by Town and acceptable to Verizon not later than one hundred twenty (120) days after receiving written notice that removal, relocation, and/or alteration of the Facility (including poles) is necessary due to: a. construction, expansion, repair, relocation, or maintenance of a street or other public improvement project; or b. maintenance, upgrade, expansion, replacement, or relocation of Town traffic light poles and/or traffic signal light system; or c. permanent closure of a street or sell of Town property; or d. projects and programs undertaken to protect or preserve the public health or safety; or e. activities undertaken to eliminate a public nuisance; or f. duty otherwise arising from applicable law. Verizon's duty to remove and relocate its Facility at its expense under this Paragraph 7 is not contingent on the availability of an alternative location acceptable for relocation. Town will make reasonable efforts to provide an alternative location on Right -of -Way for relocation, but regardless of the availability of an alternative site acceptable to Verizon, Verizon shall comply with the notice to remove its Facility as instructed. Verizon and Town shall cooperate to the extent possible to assure continuity of service during relocation of the Facility. If Verizon fails to remove and/or relocate its Facility to the satisfaction of the Town after one hundred twenty (120) days after the date of notice or has not diligently commenced such removal as directed by Town, the Town may remove the Facility at the expense of Verizon. 8. Nothing in this Agreement shall be construed as preventing Verizon from recovering the cost of removal and/or relocation of its Facility from a nongovernmental third -party responsible for the removal and/or relocation. Rights -of -Way Agreement for Verizon Wireless Page 3 9. Any damage to the Right -of -Way or adjacent property caused by Verizon that occurs during the removal and/or relocation of Verizon's Facility shall be promptly repaired or replaced at Verizon's sole expense. Should Verizon not make nor diligently pursue adequate repairs within thirty (30) days of receiving written notice, Town may make all reasonable and necessary repairs on behalf of Verizon, the reasonable and actual costs of which will be charged to Verizon. Verizon shall promptly remit payment of such costs when invoiced by the Town. 10. In case of an emergency due to interference of any unforeseen events, the Town will act to protect the public health and safety of its citizens, and to protect public and private property, notwithstanding any provision in this Agreement. The Town will make every reasonable effort to coordinate its emergency response with Verizon. To that end, the Town will use the following emergency contacts, which may be updated upon notice to the Town: Verizon's network operations center may be reached 24/7 at (800) 621-2622. 11. The Facility shall not physically interfere with or cause harmful interference to any of the Town's existing radio facilities located on Town poles. The Town shall not physically interfere with or cause harmful interference to Facility installed by Verizon. Verizon shall coordinate with the Town on any maintenance of Town poles so as not to obstruct or impede the Town's performance of such maintenance. The Town shall contact Verizon's network operations center at the contact information listed in Paragraph 10 to request Verizon's coordination pursuant to this paragraph. 12. The term of this Agreement and the respective Facility License for the Kent Rd. Facility shall be for ten (10) years commencing on the first day of the month in which Verizon begins installation of the Facility ("Commencement Date") and shall automatically renew for four (4) additional five (5) year periods thereafter, unless Verizon notifies the Town of its intent not to renew at least ninety (90) days prior to the end of the then current term. Notwithstanding the foregoing, either party may terminate this Agreement in the event a parry materially breaches a provision herein and the breach is not cured within sixty (60) days after receipt of written notice thereof from the non -breaching parry. If the nature of the breach reasonably requires more than sixty (60) days to cure, the breaching parry will not be in default hereunder if such parry promptly commences such cure and is diligently pursuing the same. 13. Notwithstanding anything contained in this Agreement to the contrary, TWO HUNDRED SEVENTY and 00/100 DOLLARS ($270.00) for the Kent Rd. Facility. Verizon shall pay the initial fee on or before the Commencement Date (defined in Paragraph 12) and pay subsequent recurring fees on or before each anniversary of the Commencement Date. Before any recurring fees are paid, the Town shall provide Verizon a completed, current Internal Revenue Service Form W-9 and state and local withholding forms if required. Verizon may make payments by check made out to the order of the Town of Wappinger and sent to the following address or through electronic transfer subject to the Town's approval and necessary bank routing instructions. Rights -of -Way Agreement for Verizon Wireless Page 4 Town of Wappinger] [DEPARTMENT] [Attn: [NAME/TITLE]] [ADDRESS] 14. If any federal, state, or local laws or regulations (including, but not limited to, those issued by the Federal Communications Commission or its successor agency) and any binding judicial interpretations thereof (collectively, "Laws") that govern any aspect of the rights or obligations of the parties under this Agreement shall change after the effective date and such change makes any aspect of such rights or obligations inconsistent with the then - effective Laws, then the parties agree to promptly amend the Agreement as reasonably required to accommodate and/or ensure compliance with any such legal or regulatory change. 15. Verizon shall indemnify, defend, and hold harmless, the Town and its elected officials, employees, officers, and directors ("Indemnitees"), from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death, and property damage, made upon or incurred by the Town and arising out of a third -party claim to the extent that such third -party claim is caused by any negligent acts or omissions of Verizon while in the exercise of the rights or performance of the duties under this Agreement. The indemnity provided for in this paragraph shall not apply to any liability resulting or arising from the negligence of the Town or an Indemnitee. The Town shall give prompt written notice to Verizon of any claim for which the Town seeks indemnification. Verizon shall have the right to investigate, defend, and compromise these claims with prompt notice to the Town's attorney. 16. Neither party shall be liable for consequential, indirect, or punitive damages (including lost revenues, loss of equipment, interruption or loss of service, or loss of data) for any cause of action, whether in contract, tort, or otherwise, even if the party was or should have been aware of the possibility of these damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise. 17. Verizon shall, and shall require its contractors and subcontractors to obtain and maintain substantially the same coverage as required of Verizon with limits commensurate with the work or service to be provided, obtain and maintain at all times during the term of this Agreement, Commercial General Liability Insurance including contractual liability, independent contractors and explosion, collapse and underground coverages with limits of $6,000,000 per occurrence, $6,000,000 general aggregate. 18. Verizon shall obtain and maintain at all times during which work occurs under this Agreement, Workers' Compensation in compliance with the statutory requirements of the state of operation and employer's liability insurance with a limit of $1,000,000 each accident/disease/policy limit. Certificates of such insurance shall be provided to the Town on New York State mandated forms. Rights -of -Way Agreement for Verizon Wireless Page 5 19. Notices required by this Agreement may be given by registered or certified mail by depositing the same in the United States mail, postage prepaid, or by commercial overnight courier. Either party shall have the right, by giving written notice to the other, to change the address at which its notices are to be received. Until any such change is made, notices shall be delivered as follows: If to Town: Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Attn: [Director of Public Works] If to Verizon: Verizon Wireless of the East LP d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attn: Network Real Estate With a copy to: Attn: [ ] With a copy to: Verizon Wireless of the East LP d/b/a Verizon Wireless [ADDRESS] Attn: Legal Dept. 20. The provisions of this Agreement shall be construed under, and in accordance with, the laws of the State of New York, without regard to its conflict -of -laws principles, and all obligations of the parties created hereunder shall be performed in the County in which the Town is located. Therefore, in the event any court action is brought directly or indirectly by reason of this Agreement, the courts of such County shall have jurisdiction over the dispute and venue shall be in such County. 21. If any law, ordinance, regulation, or court decision renders any provision of this Agreement invalid, the remaining provisions shall remain in full force and effect. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. This Agreement is the complete and exclusive statement of the parties' agreement with respect to the subject matter and supersedes all other oral and written agreements or communications between the parties prior to the execution of this Agreement relating to this subject matter. This Agreement will not be deemed to provide third parties with any remedy, claim, right of action or other right. This Agreement may be executed and delivered in multiple counterparts, each of which is an original. 22. This Agreement shall take effect on the date that is the later of the dates on which each of the parties have executed this Agreement. 23. Based on the foregoing, the Town hereby grants Verizon the right to use, occupy and access that portion of the Right -of Way for the purpose of installing, operating and maintaining the Kent Rd. Facility subject to the terms and conditions set forth herein. Rights -of -Way Agreement for Verizon Wireless Page 6 IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have executed this Agreement as of the dates below. TOWN OF WAPPINGER VERIZON WIRELESS OF THE EAST LP D/B/A VERIZON WIRELESS Signature Signature Dr. Richard L. Thurston, Supervisor Date Name Title Date ATTEST: ATTEST: [NAME], [Town Clerk] Date [NAME]. [TITLE] Date Rights -of -Way Agreement for Verizon Wireless Page 7 EXHIBIT A 0 0 N �L 0 m E m m L Q .y C V J 7'+ r- 0 a1 a1 N �L 0 .0 zo 00 1.C) r M N O N U) W r 0 r M N O N +,I C E 4) L Q U) V V Q .0 NNLM L d N�N C C E .0 V M Q Rights -of -Way Agreement for Verizon Wireless Page 8 0 0 N �L �y 3 C E L Q .y C V J 7'+ r- 0 a1 a1 N �L 0 .0 El 00 1.C) r M N O N U) W r 0 r M N O N +,I C E 4) L Q U) V V Q .0 NNLM L d N�N C C E .0 V M Q Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 WITHDRAWN RESOLUTION 2023-161 Meeting: 12/11/23 06:30 PM Department: Town Clerk Category: Appropriations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6090 Resolution Authorizing the Purchase Of Shredder For Town Hall WHEREAS, The Town Clerk has Has Requested Funds To Replace A broken and discareded shredder; and WHEREAS, The Town Clerk incurs $1,100 of expenses to Shredding Companies time shredding services are requested; NOW, THEREFORE, BE IT RESOLVED, That The Town Board Hereby Authorizes the purchase and the Following Budget Line Transfer: Transfers For General "A" Fund Amount From Line Description To Line Description $2,700 A0917 A Fund Balance A1620.200 Building Equipment COMMENTS - Current Meeting: Supervisor Thurston argued that the Shredder ordered by Town Clerk Paoloni for the benefit of all Town employees with advanced P4 security capabilities did not have micro cross cutting P7 capabilities a feature that has never been required in the History of Town Hall. He then ordered it to be returned to be consistent with his un -smooth transition of government. RESULT: WITHDRAWN Updated: 11/27/2023 4:09 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2023-140 Meeting: 12/11/23 06:30 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. HISTORY: 10/23/23 Town Board TABLED Next: 11/09/23 11/09/23 Town Board TABLED Next: 12/11/23 COMMENTS - Current Meeting: This proposal was tabled despite the information presented in the Public Portion, where Planning Board member Markos Peraketos conveyed that both the Planning Board and the Town Board had not agreed to the stipulation before it was fully executed without disclosing it to the Judge. RESULT: TABLED [UNANIMOUS] Next: 1/8/2024 7:00 PM MOVER: Richard Thurston, Al Casella SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni 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 2023-162 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Meeting: 12/11/23 06:30 PM Department: Town Clerk Category: Correspondence Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6095 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] Correspondence Lo - 23-12-11 SECONDER: Christopher Phillips, Councilman To From Date Date Rec` Re: Agenda Crete 12-11-991 Torn Board Heather I. Kitchen 111112923 11/14/2923 October 2023Morithl Report 1211112923 12-11-002 Town Board Carl S. Wolfson 11/9/2923 11/14/2923 October 2023.Monthly fie ort 12111/2023 12-11-993 Torn Board Lee Anne Freno 1111512923 11/15/2923 October 2023.school Tax Report 1211112923 12-11-994 Town Board Hu hsonville Fire district 11122/2923 11/2212923 Notice Of Annual Election 12111/2923 12-11-995 Torn Board NYS Parks, Rec & Historic Presery 1111512023 1112712923 Grant Program 1211112923 12-11-096 Town Board NYS Dept of Transportation 1112.9/2923 11/27/2923 Bride NY Pro ram 12111/2923 12-11-997 Torn Board IChelsea Fire District 1112712023 11/27/2923 Notice of Annual Election 1211112923 12-11-998 Town Board INYMIR 11127/2923 1112912923 Downey Energry and Northeast 49, LLC 12111/2923 12-11-999 Torn Board ILee Anne Freno 12171292.3 1217/2'923 Letter of Intent 1 1211112923 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni Updated: 12/7/2023 2:37 PM by Joseph P. Paoloni Page 1 w N N N N N N N N N O O O O O 0000 O N N N N N N N N N T T r r P T r T r CNNNN U J J O O a) CL v � Z As O N D r C: E W to coM M E O c G C6 00 P N N N Off" y_ W t- L- ° o Mcam) 000zchm`zo M M M M M M M M co NNNNN 0 0 N 0 0 0 0 0 0 0 N N N N N ti N N N N N �f d In I` (• W r T r N N N N N 0 M M M M M M M M M J N N N N N N N N N 0 0 0 0 0 0 0 0 0 ad, N 2!!04 (N N N N N N � � r O in N Ln O rz� fz �. r r= N N N N N r r T T r r a) IL o V O O V E N T Q IA O ❑ � U Vi C 2 00 1 UL a) O U L 0 C: U- L 1 au`_.�� o� u (D e L"CL LL cD O ca a)CU c aa) cu :3 _rm = U -i Z: z Z U Z -j Ho u UO 20 -a -2 E a" E u 0 0 0 0 0 0 0 0 0 mmcnaommmmm e c c L. apt--NMd'Lncor-wm Jao x0000 00 p E000ppoopo 0 r T T r r r r T r C�[NC�iC�ENN NNN It - r N r M N O N r_ 0 v m Q TOWN OR WAPPINGER, TOWN JUSTICE HEATHER L. KITCHEN November lir, 2023 a JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6070 (845) 297-7739 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th'Wednesdays 5:30 P.tvi. lat 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: Heather L. Kitchen, Town Justice Monthly Report, October 2023 Dear Supervisor Thurston and Members of the Town Board; TOWN JUSTICE CARL S. WOLFSON NoV 14 208 Town of Wappinger ,Town Clerk The following is a report of the cases disposed of during the month of October 2023; 13 Penal Law matters resulting in $525.00 collected in fines and fees. 178 Vehicle and Traffic Law matters resulting in $15,408.00 collected in fines and fees. o 11 Civil matters resulting in $172.00 collected in fees: `" 23 Termination of Suspension matters resulting in $2,100.00 collected in fees. a 1 Tax Law matters resulting in $0.00 collected in fines. E 4 Transportation Law matters resulting in $0.00 collected in fines, Q' I have forwarded a check in the amount of $18,205.00 to the Town of Wappinger Comptroller, In addition, I am holding $18,3325.00 in pending bail. submitted, Heather L. Ki Town ,Justice cc: Joseph Paoloni, Town Clerk TOWN JUSTICE HEATHER L. KITCHEN 10 November 9th 2023 T LP WN OF WAPpINGER 009" JUSTICE COURT 20 MiDOLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297.6070 (845) 297-7739 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.fvf. I st and 3rd Thursdays 5:30 P.lvl. Supervisor Thurston and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 NOV 14 2023 TOWN JUSTICE CARL S. WOLFSON Town Of Wappinger Town Clerk Re: Carl S. Wolfson, Town Justice Monthly Report, October 2023 Dear Supervisor Thurston and Members of the Town Board; The following is a report of the cases disposed of during the month of October 2023; 11 Penal Law matters resulting in $330.00 collected in fines and fees. 172 Vehicle and Traffic Law matters resulting in $15,128.00 collected in fines and fees. 6 Civil matters resulting in $60.00 collected in fees. 21 Termination of Suspension matters resulting in $1,890.00 collected in fees. 3 Transportation Law matters resulting in $300.00 collected in fines. I have forwarded a check in the amount of $17,708.00 to the Town of Wappinger Comptroller. In addition, I am holding $16,621.00 in pending bail. sie 1 submitte Carl S. Wolfson, Town Justice cc: Joseph Paoloni, Town Clerk Packet Pg. 43 9-2 RECEAVE'R OFTAXES Lee Amic Freno, 20 11iIDDLEBUS11 ROAD WAPPINGERS FALLS, NY 12590 4M'1VW.'I'OWNOI,''�PAPIIIN(.'FR,(1S (845) 2)7-4158 - Main (845) 297-4342 - Direct (845) 297-1478 — Fax iv-er of Taxes BEGIN. BANK BAL. Receipts/Deposits Interest Other Total Less Disbursements/Adjustments Checks, Paid Returned Checks M isc. ENDING BANK BAL. Less Pending Checks ENDING BOOK BALANCE 0 OCTOBER 2023 SCHOOL TAX REPORT $ 6,152,668.27 $ 36,799,885.39 $ 35,629.10 $ 42,988,182,76 $ (40,541,326,68) $ (53,680.83) $ (105.00) $ 2,393,070.25 $ (49,944-68) $ 2,343,12537 A SUPERVISOR Dr. Richard Thurston "roNlr N BOARD William 11, Beale Angela Bettina Christopher Phillips Al Casella TOWN CLERK Joseph 1'. 1,301olli 111(;l[WAN'St1Pl,,IZIN'FENI)EN'I' Midi'lel Sheehan NOV 15 2023 "Town Of Wappinner 'Town Clerk Submitt by: n Receiver Lee e Fren o 0 —J (1) U 0 Q W 2 0 L) 04 W 04 Q N U) W 04 Q 04 E U M A 4 r, OCTOBER 2023 SCHOOL TAX RECEIPTS A B C D E F G H I J 1 DATE AMOUNT BATCH TAX PENALTY MEMO NOTICE OVR/DUP INTEREST RETURN 2 RECEIVED _ NO. _ FEE FEE PAYMENT CK FEE 3 10/2/2023 $ 258,575,30 39 $ 258,575,30 4 10/2/2023 $ 241,735,69 40 $ 241,735.69 5 10/2/2023 $ 326,799.34 41 $ 326,819,34 6 10/3/2023 1 $ 216,659.60: ` 42 $ 216,659.60 7 September Report 43 B 10/2/2023 $ 38,645,96 44 $ 38,645.96 9 10/3/2023 $ 73,284.03 ? .' 45 $ 73,284,03 10 10/3/2023 $ 249,038.17 ° 46 $ 249,038.17 1110/3/2023 $ 264,870.82: 47 $ 264,870.82 12 10/3/2023 $ 351,631.76'' 48 $ 351,631.76 13 10/4/2023 $ 569,171,224; _704,671,98 49 $ 569,171.22 14 10/4/2023 $ a 50 $ 704,671,98 _ 15 10/3/2023 $ 444,412,94` 51 $ 444,412,94 16 10/4/2023 $ 421,804,95' 52 $ 421,804.95 17 10/5/2023 $ 520,839,22.- 53 $ 520,839,02 18 10/6/2023 $ 450,942.23 54 $ 450,942.18 19 10/6/2023 $ 714,920,62 ! 55 $ 714,920,62 20 10/6/2023 $ 397,750.72 56 $ 397,750,72 21 1O/6/2023 $ 367,743.89 57 $ 367,743,89 22 10/6/2023 $ 429,117,17 58 $ 429,117.17 23 10/10/2023 $ 339,915.89 59 $ 339 915.89 24 10/11/2023 $ 373,367,83', 60 $ 373,367,83 25 10/1112023'$ 165,004,15;..4 61 $ 164,916.61 $ 87.54 26 10/11/2023 $ 368,674,19`, 62 $ 368,674,19 27 10/11/2023 $ 538,558.53.12 63 $ 538,558,53 28 10/12/2023 $ 1,255,148,59', 64 $ 1,255,148.59 29 10/12/2023 $ 478,329.56:,;: 65 $ 478,329,56 30 10/12/2023 $ 696,268,63 ,. 66 $ 696,268,63 31 10/12/2023 $ 1,196,429,70-: 57 $ 1,196,429,70 32 10/13/2023 $ 162,899.36+;' 68 $ 162,899.36 33 10/13/2023 $ 378,374.0' 69 $ 378,374.18 34 10/17/2023 $ 56,110,37 70 $ 55,535,17 $ 575.20 35 10/18/2023 $ 1,043,012,40— 71 $ 1,040,141,31 $ 2,B71,09 — _ 36 10/18/2023 $ 2,536,232.03 72 $ 2,535,629.56 $ 602.47 37 10/18/2023 $ 244,893,89 73 $ 244,893,89 38 10/18/2023 $ 2,241,079.40 _ 74 $ 2,241,079.40 39 10/18/2023 $ 236,962.12 75 $ 236,962,12 40 10/19/2023$ 52,552,78 - 76 $ 52,481.25 $ 71,53 41 10/19/2023 $ 1,631,408.28. 77 $ 1,628,116.fi8 $ 3,291,60 42 10/20/2023 $ 88,164.593 = 78 $ 86,671.29 $ 1,493,30 43 10/19/2023 $ 15,092,826.73: ' 79 $ 15,046,173,65 $ 46,653,OB 44 14/22/2023 $ 2,545,30"-` 80—$ 2,545.30 45 10/22/2023 $ 77,805,13 81 $ 76,220.71 $ 1,524,42 46 10/24/2023 $ 7,708,38: 82 $ 7,629,95 $ 78.43 47 10/27/2023 $ 80,00 ;*refund ofchargehack 40 10/30/2023 $ 55,571.87;- 83 $ 54,563,71 $ 1,008,16 49 10/31/2023 $ 323,387,88 ; 84 $ 319,769.08 $ 3,618.80 50 10/31/2023 $ 88,996,53 i'. 85 $ 87,251.50 $ 1,745.03 51 10/31/2023 $ 250261.45 86 $ 24,766.12 $ 495.33 52 10/31/2023 $ 35,629.10 _ _ $ 35,629.10 $ 60.00 53 TOTALS—_ $ 36,835,814.29 $, 36,735,949.12 $ 10,552.50 $ 53,563.48 $ 35,629.10 $ 60,00 54 $ (300,00) $ (300,00) 5S TOTALS $ 36,835,514.29 $ 36,735,649,12 $ 10,552.50 $ 53,56148 $ 35,629.10 $ 60,00 561 57 58 10/6/2023 $ (4,959,47)„ 47 $ (4,959.47) 59 _10/9/2023 $ (8,581,66) ' 47 $ 8,581,66) u 60 10/11/2023 $ (3,921,55) " 58 61 10/11/2023 $ (7,138.48)'' 60 $ (7,138,48) 62 10/12/2023 $ (4,131,98). 64 $ (4,131.981 — — -- /13/2023 $ (5,017.85) 68 $ (5,017.85) N/1YLQD_L /16/2023 $ (2,566,01), 67 $ (2,566.01) {5,517.46) 66 $ 5,517.46) 66 10/17/2023 $ (3,003,17), 64 67 10/17/2023 $ 3,708,40):::' 66 $ (3,708,40) — 68 10/19/2023 $ (2,278.66) - 66 $ (2,278,66) 69 10/30/2023 $ (2,856.14) $ (2,80044) $ (56,00} 70 10/31/2023 $ (53,680.83) $ (53,624,83) 71$ (80.00) charge hack fees 10/26/2023 $ (25,00) -- stoppaymentfee H72 73 $ 89,978.98) $ 89 786.98 OCTOBER 2023 SCHOOL TAX DISBURSEMENTS A 8 C D E F G H 1 2 DATE AMOUNT WCSD SUPERVISOR OVR/DUP CHECK 3 DISBURSED PAYMENT NO. 4 5. 10/3/2023 $ 2,746,436.54 $ 2,446,436.54 1091 6 10/5/2023 $ 2;.141,981.68 $ 2,141,981.68 1092 7 10/10/2023 $ 21129,932.05 $ 2,129,932.05 1093 8 10/12/2023 $ 2,557,702.00 $ 2,557,702.00 1094 9 10/17/2023 $ 2,980,132.37 $ 2,980,132.37 1095 10 10/19/2023 $ 4,222,985.19 $ 4,222,985.19 1096 11 10/24/2023 $ 6,298,706.28 $ 6,298,706.28 1097 12 10/25/2023 void - stop payment $ 49,453.22 1098 13 10/25/2023 $ 3,291.60 $ 3,291.60 1099 14 10/25/2023 $ i 1,976.72 $ 1,976.72 1100 15 10/26/2023 _ $ 15,643,373.51 $ 15,043,373.51 batch 79 1101 16j 10/27/2023 $ 46,653.08 $ 46,653.08 1102 17 10/30/2023 $ 3,618.80 $ 3,618.80 1103 yfughsonva Tire (Distfict T, 0, Ox(545 —17bwn ofWapphiger Aughsoirviffe, New Tor 12537 Aft le) ��EF 400V V INEW 7 1WW%FD45.o,rg (&45)797-4194 T'a.,(.,- (845)297-4560 9r: el Board o re o John Lorenzini — Michael Schappert — DE an Mark Liebermann, Vii Anthony Martino, Jr. 0 TW.,9t) r ,",er NOTICE OF ANNUAL ELECTION OF HUGHSONVILLE FIRE DISTRICT Aleets q—,ndfl)edna6y ,�d 'Tounfi „Wndqyf"E-fi X,,tfi Paul Rogers, Jr. — Chief of Department Justin R. Jerrick — 1" Assistant Chief William H. Beale — District Duty Captain PLEASE TAKE NOTICE that the Annual Election of the Hughsonville Fire District will take place on December 12, 2023 between the hours of 6:00 p.m. and 9:00 p.m. at the Hughsonville Firehouse, located at 88 Old Hopewell Road, Wappingers Falls, New York, for the purpose of electing the following. ONE COMMISSIONER for a five (5), year term commencing on January 1, 2.024 and ending on December 31', 2028. All duly registered residents of the Hughsonville Fire District shall be eligible to vote. Kim Flower Fire District Secretary Hughsonville Fire District November 22, 2023 KATHY HOCHUL Governor November 15-2023 NewYork. State Parks, Recreation and Historic Preservatl n ERIK KULLESEID commissio W 9D 5 Honorable Richard Thurston Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Dear Supervisor Thurston: RECE4.1VED 7 2023 S(J"13RVISOR TQWN OF VVA Pom I regret to inform you that your application for the 2023 Hudson River Access Improvements project submitted for the Environmental Protection Fund Grant Program for Parks, Preservation and Heritage (EPF) has not been selected for funding. For this year's competition, we received 197 eligibl.e applications through the Consolidated Funding Application (CFA) requesting over $73,5 million. With only $26 million available for distribution, not all eligible projects. could be funded. This does not pertain to potential funding awards from other agencies or programs and does not preclude you frorn applying for future CFA funding rounds. At this time, we encourage you to contact Erin Drost at (B45) 889-$866 regarding your ongoing or proposed capital plans, Sincerely, bM . Beatrice L. Garnache Director, Grants Bureau CC: Erin Drost Now York State Office of Parks, Recreation and Historic Preservation Albany., New York 12238 A (518) 474-0456 # parXr,,ny.qov November 20, 2023 L2590 Dear Municipal Official, RECEIVED INOV 2 7 2023 SUPERVISOR TOWN OF WAPPO KATHY HOCHUL Governor MARIE THERESE DOMINGUEZ Commissioner LANCE Machl]LLAN, PE. Reglonsf Director The Governor's 5 -year Capital Program continues the BRIDGE NY Program at a funding level of $200M per year. This letter announces the availability of funding and makes yoga aware of key aspetts of the Bridge NY program. The New York State Department of Transportation (MYSDOT) is Implementing the Bridge NY Program through the existing capital program planning process, This approach will continue to use the elements of the prior BRIDGE NY 2022 Program process. Eligible sponsors remain the same and include any city, county, town, village or other political subdivision, including tribal nations/governments, authorized to receive and 'administer State and Federal Transportation funding, The program remains Intended to focus on locally owned structures, Eligible projects continue to include bridges and culverts on public highways carrying vehicular traffic, with bridges to follow the Federal -aid process and culverts following the State -aid process. Bridge funding will be split within three general areas of the state Including Upstate, Hudson Valley, and New York City (NYC.). Culvert funding will be split within three general areas of the state including Upst6te, Hudson Valley, and Long Island (LI). NYSDOT announced three quarters of annual funding levels ($15OM/year) will be allocated to bridges, and the balance ($50M./year) to culverts. This round of BRIDGE NY will initiate projects for the remaining available funding for the Upstate'and Hudson Valley areas. In these two areas, bridge funding levels will be set for each county based on the dxtent and condition of local bridges in each county. Bridge funding levels for the NYC area will reflect the amount of remaining funding not utilized In the prior round. Bridge funding for BRIDGE NY will rely largely on the federal Bridge Formula Program. This funding source has a significant requirement to fund 'Off -System Bridges', or bridges that carry highways that are not on the Federal -aid system; It Is anticipated that nearly two thirds of the selected Upstate and Hudson Valley projects will be required to be such structures. The remaining two and a half years of culvert funding will be similarly allocated by NYSDOT Regions across the state, with funding levels based on a combination of the past round of culvert applications and the extent and :condition of local bridges in each Region. Project: assessmerkt continues to. rely on assessment teams comprised of a i�nix. Of NYSDOT staff and government sponsors; Loco) government voiunteors are welcome and encouraged to express Interest With your respective NYSOOTregions This program coriti.n.ues to iargly use the same assessment categories used in the past round, and Regions will utilize the same type of PDF format application shelf to collect consistent project information. As in the past round, there will not be�a formal pre -review process for applications, This is anticipated to s gnrfi :�t lyacceleratethe process;,z , Application Subi lras1 n Prbeess Is:surhmarized. below;; Bridges in WO areas,: pies§e contact Your, MPO for submissldb -nstructionsWid d.etalls. MPO bradge..deadllnes may differ ft'aM OCIse,llsted here or vn iVY iveE s #e: w B'r dgO& Outside; af.MPO areas: refer to the. ma.teriak on I�NY website and apply through NYSDi�, �rsirigerpa`i�;�ddressesbelaw. Bridge candidate submission doadlitie is;lanUary6, 2024; and: f o'r�) cral+erts` itrl9ze-the informatara. on lih]Y website and apply tfrvugh IVYSDOT per the guidance using etrtia ,ia.ddeesses below, Culvert candicfatesubm sslon doadlme:is January 15,X024. Your NYSD:OT Regionalplanning group, and/or Metrppvlitao p.loi ring Organization will be reaching out to share additional dotal a:nd"ta Initiate the project programming process: Please drre:ct questions to the emall addresses tilted below Add �t onal,iriformatio.n and an application.form can also be found at ttie.folloV tligsit ;htt s `vvui+ Abt,n Fav brldk eri simorely. 5"414_� P,, JLOf .ii - Sandra D. Dobson, RA RLA, N RO.oO jal Pla:nnrrig & Pro rare Manger Received NOV 2 712023 ()0 #**4f Towle of wappinger fI Town Clerk N T EBF ANNUAL ELECTION OF CHELSEA FIRE DISTRICT 90 PLEASE TAKE NOTICE that the Annual Election of the Chelsea Fire District will take place on, Tuesday, December 12, 2023, between the hours of 6:00 p.m, and 9:00 p.m. at the Chelsea Fire District Office located at 15 Liberty Street, Chelsea, New York, for the purpose of electing the following: ONE COMMISSIONER for a five (5) year term commencing on January 1, 202+ and ending December 31, 2028. ONE. COMMISSIONER for a two (2) year term commencing on January 1, 2024 and ending December 31, 2025. TREASURER for a three (3) year term commencing on January 1, 2024 and ending December 31, 2026. All duly registered residents of the Chelsea Fire District shall be eligible to vote. Candidates for the District Office must be residents of the Chelsea Fire District and shall file their letter of intent with the Secretary of the Chelsea Fire District in person at the Chelsea Fire District Office at 15 Liberty Street, Chelsea, NY or by mail addressed to the Chelsea Fire District c/o Claire M. Gibson, P.O. Box 128, Chelsea, NY 12512 no later than November 22, 2023. Respectfully submitted, Claire M. Gibson Fire District Secretary, Chelsea Fire District - 0 C4 rii i Iol tl 0 Num YOzv\r. NI INSU]C ANCE RECIPROCAL November 27, 2023 Lori McConologue A 1 0 Town of Wappinger r� 20 Middlebush Wappinger Fall 90 RE: Insured: Town of Wappinger Claimant: Downey Energy and Northeast 40, LLC Claim No.: TWPN-2022-004-001 Dear Ms. McConologue; I write to supplement and incorporate by reference the previous correspondence in this matter. As you may recall, New York Municipal Insurance Reciprocal ("NYMIR') was first notified of this matter by receipt of an April 2022 claim submission consisting of an April 12, 2022 Notice, Complaint, and Article 78 Petition filed by the above -referenced claimants against the Town, Town Planning board, and Town Board members. The Petition sought a court order (1) declaring that the defendants violated claimants' state and federal laws in connection with the Town's denial of claimants' land use application to construct a liquid propane storage facility; (2) declaring a Town April 4, 2020 vote was arbitrary and capricious; (3) preliminarily and permanent enjoining defendants from violating claimants' rights; (4) directing the Town to attend a training program addressing constitutional property and other rights of property owners; (5) and awarding costs and attorney's fees to claimants. Claimants sought injunctive and/or declaratory relief; claimants did not seek money damages from the Town defendants. By letter issued April 25, 2022, we determined that no coverage was afforded the matter under the Municipal Public Official's ("MPO") Liability Policy, policy number MPOTWPN001, issued by NYMIR to the Town for the policy period January 22, 2022 to January 22, 2023. Under the MPO Policy, NYMIR "will pay all sums the insured legally must pay as 'Damages' because of a 'Claim' first made against the Insured by a third party during the policy period for an 'Error or Omission' in the scope of duties for the Municipal Entity." The policy defines a "claim" as a Notice of Claim pursuant to NY General Municipal Law Section 50e or a civil proceeding alleging an 'Error or Omission' against an 'Insured' in a court of law which seeps Damages'. 'Claim' does not mean any proceeding brought, in whole or in part, .under Article 78 of the New York Civil Practice Laws and Rules, regardlesRd ff M Aheory alleged or the reliefsought. sponsored by: 1� ffm Aosodatton of Totw s Cogfererlce of Mayors NOV 2 9 2023 940 Stewart Ave. Suite 600 I2 Metro Park Road NYSAC Garden City, New York 11530 IN r TW -fidVm; 1-800-NYMIR05 Assoclartorr q f Comid es Colonic, New York 12205-1139 www.nymir.org i I Packet Pg. 52 i M xi November 27, 2023�� Page 2';, I� +q In addition, the Policy provides as fo11'o..�v�s: The MPO policy applies to claims for`" Damages " defined as: J `Damages' means money, including attorneys fgks qf costs awarded for claims covered under this policy. `Damages' does not mean:... Vr h.T- 2. any claire asldngfor injunctive or equitable relief; 3. attorneys fees or costs associated with claims for injunctive or equitable mete , 4. attorneys fees or costs awarded for claims for which coverage is other`t'se excluded under this policy; ... . As the Article 78 Petition and Complaint was not a "claim" and did not seek "damages" as defined in the policy, no coverage was afforded the matter at that time. We are now in receipt of a supplemental claim submission consisting of a November 21, 2023 Ietter from claimants' counsel accompanying a November 20, 2023 Order to Show Cause issued by the court in the litigation of the original Article 78 Petition. The Order directs the Town defendants to show cause why the court should not hold defendants in contempt of court for failing to comply with a September 15, 2023 So Ordered Stipulation in this litigation. Like the Article 78 Petition that started this litigation, the Order to Show Cause does not seek money damages from the Town defendants, For the same reasons as discussed above, there is no coverage afforded this latest aspect of the litigation. Accordingly, no defense or indemnity is available to the Town in this matter. This determination has been made upon consideration of the materials and information provided to date. If you believe we have misunderstood or omitted consideration of any facts or circumstances which you believe would justify a change in the above determination, please notify us immediately. Nothing in this letter should be considered a waiver or relinquishment of any other defenses or exclusions under any policy issued by NYMIR to the insured. As any determination of coverage is subject to the specific allegations of such complaint, NYMTR. reserves all rights with respect to coverage for any claim which may develop. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact the undersigned. Very truly yours, Jennifer Hein, Claims Counsel (516) 750-3946 jhein@wrightinsurance.com cc: Lori Glassman, B&B (via e-mail: Lori.Glassman@bbrown.com) Susan Plass, Marshall & Sterling (via e-mail: splass@marshallsterling.com) sponsored by: 900 Stewart Ave. Suite 600 12 Metro Park Road NYSGarden City, New York 1 [ 530 Colonie, New York 12205-1 Am am INpKAC suGINR��N VV t� w,iE1 1-800-NYM11t05 www.nymir.org Assoc'ilatlon of Towns Conferemc of Mayors Association ofCorortiev RECEIVER OF TAXES Lee Anne Freno 20 MID1DLEBUS11 ROAD WAPPINGERS FALLS, NY 42590 t WNN'W.TO1r5'N0FWAPPINGER,I-1S (845) 297-4158 - NInin (845) 297-4342 - Direct (5 45) 297-1478 — Fax ekf the 'Receiver of Taxes December 7, 2023 Orb ed Richard L. Thur 9toil, Supervisor ece Council Members: William Beale Angela Bettina 00N app\% Christopher Phillips .Vo\mn c,\ery Re. Letter of Intent - Town of Wapp,inger Receiver of Taxes Position Dear Supervisor Thurston and Board Members, SUPERVISOR JOSEPH D. CAVACCINI TOWN BOARD William IL Beale Angela Bettina Christopher Phillips All Casella TOWN CLERK Joseph P. Paoloni HIGHWAY SUPERINTENDENT Michael Sheehan Please accept this correspondence as my letter of intent seeking re-appointinent to the position of Receiver of Taxes for the Town of Wappinger, In February 2024, 1 will have served this position and the residents for Dine years and feel I have been a good representative of the Town. I enjoy working with the public and the daily business challenges at Town Hall. I look forward to working with the Board to further improve service to our residents and the Town Hall., ' functionality of T Than you you for your consideration. 'c Lee— nne Freno, Receiver of Taxes cc: Joseph D. Cavaceini, Supervisor Elect Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-157 Meeting: 12/11/23 06:30 PM Department: Town Clerk Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Councilman Al Casella DOC ID: 6091 Resolution Authorizing The Ratification of the Filing of The Notice Of Appeal and Perfecting of Appeal In The Matter Of The Application Of Mid -Hudson Development Corp. And Mid - Hudson Holdings, LLC Vs. The Town Of Wappinger And The Town Of Wappinger Town Board WHEREAS, Mid -Hudson Development Corp. and Mid -Hudson Holdings, LLC, filed a lawsuit against the Town of Wappinger and Town of Wappinger Town Board in the Supreme Court of the State of New York, County of Dutchess, under Index No. 2023-51732, and WHEREAS, the Hon. Maria G. Rosa, J.S.C. issued a Decision and Order in the action dated November 14, 2023, which invalidated Local Law 1 of 2023 and granted attorneys fees to the Plaintiffs; and WHEREAS, the Attorney -To -The -Town has advised the Town Board that the decision of the Court is incorrect as a matter of law and the Town Board wishes to appeal the decision to the Appellate Division; and WHEREAS, the Attorney to the Town timely filed a Notice of Appeal on November 28, 2023; and WHEREAS, the Town has six months to perfect the appeal in the Appellate Division Second Department; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Attorneys to the Town Wallace & Wallace, LLP to perfect the appeal in the Appellate Division 2 Department under the caption In the Matter of the Application of Mid -Hudson Development Corp. and Mid - Hudson Holdings, LLC v. The Town of Wappinger and The Town of Wappinger Town Board bearing Case Number 2023-11453; and BE IT FURTHER RESOLVED THAT the Town Board hereby authorizes Wallace & Wallace, LLP the payment of legal fees, costs and expenses of the appeal in accordance with the terms of the retainer agreement for the Attorney to the Town; and BE IT FURTHER RESOLVED THAT the Town Board hereby ratifies and confirms the filing of the Notice of Appeal by the Attorneys to the Town on November 28, 2023 and the Attorney -To - The -Town has advised the Town Board that the filing of the notice of appeal by the Town operates as a stay to all proceedings to enforce the judgment or order appealed from pending the determination of the appeal pursuant to CPLR 5519(a)(1). COMMENTS - Current Meeting: Attorney Horan promised to send the revised wording for the ratification, but never did as promised. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni Updated: 12/20/2023 12:44 PM by Joseph P. Paoloni Page 1 SUPREME COURT OF THE STATE OF NEW YORK Index No. 2023-51732 COUNTY OF DUTCHESS In the Matter of the Apllication of - MID -HUDSON DEVELOPMENT CORP. AND MID -HUDSON HOLDINGS, LLC„ Petitioners - Plaintiffs, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, -against- TOWN OF WAPPINGER AND THE TOWN OF WAPPINGER TOWN BOARD; Respondents -Defendants. Hon. Maria G. Rosa, J.S.C. NOTICE OF APPEAL PLEASE TAKE NOTICE that Defendants TOWN OF WAPPINGER AND THE TOWN OF WAPPINGER TOWN BOARD hereby appeal to the Appellate Division of the Supreme Court of the State of New York, Second Judicial Department from a Decision and Order of the Supreme Court, Dutchess County, dated November 14, 2023 and entered in the office of the clerk of the court on November 15, 2023 issued by the Hon. Maria G. Rosa, .J.S.C., and the Defendants do hereby appeal from each and every part of said Decision and Order and from the whole thereof. Dated: Poughkeepsie, New York' � November 27 2023 -- R JAMES P. HORAN, ESQ. WALLACE & WALLACE, LLP Attorneys for Defendants 85 Civic Center Plaza, Suite LL 3 Poughkeepsie, New York 12601 Phone: (845) 473-0900 Kenneth M. Stenger, Esq. Stenger, Diamond & Glass, LLP Attorneys for Petitioners -Plaintiffs 1136 Route 9 Wappingers Falls, NY 12590 (845) 298-2000 2 FILED: DUTCHESS COUNTY CLERK 11/16/2023 04:33 PM NYSCEF DOC. NO. 56 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS -------------------------------------------------------------------------x In the Matter of the Application of MID -HUDSON DEVELOPMENT CORP. and MID -HUDSON HOLDINGS, LLC, Petitioner -Plaintiffs, -against- THE TOWN OF WAPPINGER and THE TOWN OF WAPPINGER TOWN BOARD, Respondent-Defendants. -------------------------------------------------------------------------x INDEX NO. 2023-51732 RECEIVED NYSCEF: NOTICE OF ENTRY Index No. 2023-51732 Assigned Judge: Hon. Maria G. Rosa, J.S.C. PLEASE TAKE NOTICE OF A DECISION AND ORDER of which the within is a true copy, duly granted in the within -entitled action, on the 14"' day of November 2023, and duly entered in the Office of the Clerk of the County of Dutchess on the 15`x' day of November 2023. DATED: Wappingers Falls, New York November 16, 2023 /Kenneth M. Stenger, Esq, Stenger, Diamond & Gla , LLP Attorneys for Petitioner -Plaintiffs 1136 Route 9 Wappingers Falls, NY 12590 (845) 298-2000 I<Stenger('( �'Iaw.coral TO: James P. Horan, Esq. Wallace & Wallace, LLP Attorneys.for Defendant -Respondents 85 Civic Center Plaza, Suite LL3 Poughkeepsie, NY 12601 1 of 14 FILED: DUTCHESS COUNTY CLERK 11/16/2023 04:33 PM INDEX NO. 2023-51732 1�FIMEI)DPCQ 7TCHESS COU : 5 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 11/14/2023 V SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS Q Present: Hon. Maria G. Rosa, Justice In the Matter of the Application of MID -HUDSON DEVELOPMENT CORP, and MID -HUDSON HOLDINGS, LLC, Petitioners -Plaintiffs, -against- THE TOWN OF WAPPINGER and THE TOWN OF WAPPINGER TOWN BOARD, Respondents -Defendants. DECISION AND ORDER Index No.: 2023-51732 Motion Sequence: 1 The following papers were read and considered on the petition and.complaint in this hybrid CPLR Article 78 proceeding and declaratory judgment action: Document: VERIFIED PETITION.AND COMPLAINT .................. NOTICE OF PETITION ..........................................:....:.. EXHIBITSA—L............:.................................................. MEMORANDUM OF LAW ............................. I.............. NYSCEF Doc. No(s).: .... .........................1 .2 ............................:.....3-14 .15 MEMORANDUM OF LAW IN OPPOSITION ................... ............................46 VERIFIEDANSWER...................:......................................::..............:..............47 CERTIFICATION OF RECORD........................................................................48' MINUTES OF NOVEMBER 5, 2022 TOWN BOARD MEETING ...................28 MINUTES OF DECEMBER 12, 2022 TOWN BOARD MEETING.................29 MINUTES OF JANUARY 23, 2023 TOWN BOARD MEETING...........:........30 AGENDA FOR JANUARY 23, 2023 TOWN BOARD MEETING ..................31 REPLYAFFIRMATION........................................................................... ..49 REPLYAFFIDAVIT................:..........................................:...............................50 ' Based upon the Certification of Record filed on behalf of Respondents on October 5, 2023, the Court deems the previously -filed documents at NYSCEF Doc. Nos. 28-31 to represent Respondents'. submission of the "certified transcript of the record of the proceedings under consideration" pursuant to CPLR 7804(e). Pagedfof J2 2 of 14 NYSCEF DOC. NO. 55 EXHIBITS A—C................................................. BACKGROUND INDEX NO. 2023-51732 RECEIVED RECEIVED NYSCEF: 11/14/2023 ....................................51-53 In this proceeding, Petitioners -Plaintiffs ("Petitioners") seek the annulment of a resolution adopted January 23, 2023 by Respondent Town of Wappinger Town Board (the "Town Board" or "Board") which repealed Town of Wappinger Local Law § 240-50, entitled "Designed residential development," as well as related declaratory and other relief. Petitioners allege that prior to the repeal of Local Law § 240-50, they had been seeking to develop an approximately 140 -acre tract of land owned by Petitioner Mid -Hudson Holdings, LLC off of Cedar Hill Road in the Town of Wappinger (the "Town") into such a "designed residential development." The development was proposed to consist of "a total of 113 dwelling units, of varying sizes to accommodate a. diverse array of households," along with preservation "of the balance of the tract as greenspace." Petitioners further allege that the proposed development was designed in consultation with Town officials and consultants to be compliant with Local Law § 240-50 as well as consistent with the Town's 2010 comprehensive plan. Petitioners further allege that when certain members of the Town Board became aware of the proposed development, those Town Board members unlawfully undertook to have Local Law § 240-50 repealed in order to, in effect, prevent the development from going forward, and thereafter refused to consider a revised proposal that conformed to Local Law § 240-19(B) governing "conservation subdivisions." Local Law § 240-50 was enacted by the Town in its 1980 Zoning Ordinance. The statute required that an applicant proposing a designed residential development apply to the Town Board for a special permit as part of a five-step application procedure. Prior to Petitioners' application under that law filed on November 30, 2022, no other application for development under that law had been filed with the Town. In 2010, the Town adopted a comprehensive plan pursuant to Town Law § 272-a which included several goals regarding the development of additional and diverse housing options, preservation of environmentally significant features, and provision of central water and sewer utilities. Petitioners assert that their proposed development was designed to be compliant with Local Law § 240-50 and consistent with the goals of the Town's comprehensive plan. Respondents assert, collaterally, that Local Law § 240-50 was not consistent with the comprehensive plan, warranting its repeal. At a Board meeting held November 5, 2022, a measure to repeal Local Law § 240-50 was first introduced, and a public hearing on the repeal was scheduled for the December 12, 2022 Board meeting. Petitioners were not informed of the measure until after their development application was filed on November 30, 2022. In the days following the filing of Petitioners' application, two Board members exchanged emails indicating their opposition to the application and to its inclusion on the December 12, 2022 meeting agenda. Petitioners' application was nevertheless added to the December 12, 2022 agenda, subsequent to the public hearing and determination on the repeal of Local Law § 240-50. The public hearing on the repeal was opened at the December 12, 2022 Board meeting, and was adjourned to January 9, 2023 and then January 23, 2023. Pursuant to the minutes of the January 23, 2023 Board meeting, the public hearing was concluded and the Board then entered an executive session to "discuss the issue." Upon returning from the executive session, the Board Page 2 of 12 2 of 12 3 of 14 11=�102.3 04. 3 p INDEX NO. 2023-51732 . FD . N1®0. 55 adopted two resolutions: the first determining that the repeal would have no significant adverse environmental impact under the State Environmental Quality Review Act ("SEQRA") (the E "Negative Declaration"); and the second adopting Local Law No. 1 of 2023 which repealed Local Q Law § 240-50. Both resolutions were approved by unanimous vote. Q a� In voting on the repeal measure, the Board read the following into the meeting record, in relevant part: After reviewing the 2010 Comprehensive Plan, the Town Board feels that the repeal of 240-50 and use of Conservation Subdivisions is the most appropriate method for achieving the affordable housing goals as set forth in the latest Comprehensive Plan. The 2010 Comprehensive Plan considered the Designed Residential Development provisions and suggested that it be changed and. other provisions of the Comprehensive Plan recommended a different method to create affordable housing. The 2010 Comprehensive Plan at page 35 recommends amending 240-50 with a more streamlined approval process as well as enacting Conservation Subdivision provisions. The Conservation Subdivision provisions found at 240-19(B) are more streamlined than 240-50 and are part of the procedure for providing affordable housing set forth above. Conservation subdivisions permit up to. four multifamily units per structure. In addition, the threshold criteria for 240-50 regarding collector roads are not consistent with the current Comprehensive Plan and 240-50 does not encourage development in existing centers where they can be served by existing roads, utilities and community facilities. Conservation subdivisions provide an alternative to provide affordable multifamily housing in a manner consistent with the Town's current Comprehensive Plan and gives the Town Board authority to focus the development into existing centers where there is sufficient infrastructure to support the development. The comments of Dutchess County [Department of Planning and Development] are noted, but it is the opinion of the Town Board that the Conservation Subdivision suggested by the 2010 Comprehensive Plan is a better alternative for advancing sustainable affordable housing in the Town of Wappinger. Page 3 of 12 43 off 1142 ('',�UNNY1 CIjEEK., 1 O • 3T --- ' INDEX NO. 2023-51732 4 NN$G(EEFDD0�: . N0Q . 565 wl rER W,6 I IY,��-: Regarding the referenced comments from the Dutchess County Department of Planning and Development, that agency had advised the Board by letter dated December 9, 2022 with respect to the proposed repeal: Dutchess County's 2022 Housing Needs Assessment speaks to the critical countywide need to increase both the number and variety of housing types in order to address ongoing housing availability and affordability challenges. We find that §240-50 of the Town's code has several elements that progress this countywide goal, particularly in its flexibility to permit varied housing types while also promoting land conservation. Section 240-50 could also progress a stated objective of the Town's comprehensive plan, which is to increase the variety of housing types to help `alleviate the problem of a housing mismatch in the Town' (p 32). Although the legislative intent of this proposed local law purports that §240-50 is inconsistent with the Town's comprehensive plan, it was not specified how, and it is unclear to us based on our reading. We understand that some terminology in §240-50 is outdated. However, instead of repealing this section entirely, the Town Board should instead initiate a review and update of the process and definitions. Our department would be happy to work with the Town to draft the suggested updates. RECOMMENDATION For the reasons stated above, we recommend the Board not adopt the proposed local law repealing §240-50. Following the repeal of Local Law § 240-50, Petitioners endeavored to refile and pursue their development application pursuant to the "conservation subdivision" provisions of the Town Code, as referred to by the Board in their justification for the repeal. At a Board meeting held March 27, 2023, the Board advised Petitioners that it could not refer any revised application to the Planning Board as required by Town Code § 240-19(B) regarding conservation subdivisions, because no lawful procedure existed for doing so. As of October 6, 2023, the date of Petitioners' reply submissions, no such procedure had yet been implemented. Petitioners commenced this proceeding on May 23, 2023, asserting five causes of action seeking relief pursuant to CPLR §§ 7803 and/or 3001: violations of the Open Meetings Law; violation of the SEQRA procedure; unlawful predetermination of Petitioners' initial application under Local Law § 240-50; violation of Town Law § 263, which requires that zoning amendments accord with the Town's comprehensive plan; and disqualification of Town Board members alleged to be biased against Petitioners' proposed development. Respondents moved to dismiss on August 19, 2023, which motion was denied by Decision and Order dated September 15, 2023. Page 4 of 12 _q of 11 IP FJELEDW:D7J1DG!iBR-abCQ XM)J-1C 1;3. INDEX 11 NO. 2023-51732 N`�'c mfr N(U0 .5655 WE VEDNNgSC9P Respondents thereafter answered the petition, asserting that the Town Board did not act unlawfully in considering either Petitioners' development application or in repealing Local Law § 240-50, and that this proceeding should therefore be dismissed on the merits. DISCUSSION Petitioners' First Cause of Action for Violation of the Open Meetings Law New York's "Open Meetings Law," codified in Article 7 of the Public Officers Law, requires that "any proposed resolution, law, rule, regulation, policy or any amendment thereto, that is scheduled to be the subject of discussion by a public body during an open meeting shall be made available, upon request therefor, to the extent practicable at least twenty-four hours prior to the meeting during which the records will be discussed," and that "such records shall be posted on the [agency's] website to the extent practicable at least twenty-four hours prior to the meeting" (Public Officers Law § 103 [e]). "The purpose of the Open Meetings Law is to prevent municipal governments from debating and deciding in private what they are required to debate and decide in public" (Matter of Gernatt Asphalt Products, Inc. v Town of Sardinia, 87 NY2d 668, 686 [ 1996]). "Courts are empowered, in their discretion and upon good cause shown, to declare void any action taken by a public body in violation of the mandate of this legislation (Id. [internal quotation marks omitted]; Public Officers Law § 107[l]). "It is the challenger's burden to show good cause warranting judicial relief' (Id.). Petitioners contend that Respondents violated the Open Meetings Law on January 23, 2023 when, after the public hearing on the repeal of Local Law § 240-50 had been closed, the Board read the above -quoted language into the record for both the Negative Declaration and repeal resolutions. Petitioners further contend, correctly, that the proposed resolutions published in advance of the January 23, 2023 meeting and prior meetings did not contain or reference such language. Respondents contend in opposition that the Open Meetings Law does not require that the final versions of resolutions adopted by a municipal board be published in advance of a public meeting, and that the statement read into the record merely "expanded upon" the reasons set forth in the draft resolution, resulting in "no real surprise to the public." In reply, Petitioners note that Respondents do not dispute that the statement was prepared in advance, and argue that the failure to circulate it prior to the meeting "prevented a meaningful discussion." The inclusion by the Board of additional, deliberative language in the resolutions adopted on January 23, 2023 did not substantively change the proposed resolutions that had been publicly available since prior to the December 12, 2022 Board meeting (see Gernatt, 87 NY2d 668 at 676- 677). The public, including Petitioners, were fully apprised in advance of the Board's intention to consider the repeal of Local Law § 240-50, and advance notice of the Board's deliberations in ultimately adopting the repeal measure is not required by Public Officers Law § 103(e). That said, the Board was required to conduct such deliberations during the public meeting, rather than announce them for the first time from the Board's pre -prepared written statement during the vote to approve the resolutions (Public Officers Law §§ 103[a], 100 ["It is essential ... that the public business be performed in an open and public manner and that the citizens of this state Page 5 of 12 9 St i� NYSCEF DOC. NO. 55 INDEX NO. 2023-51732 RECEIVEn"1175CtV RECEIVED NYSCEF: be fully aware of and able to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy"]; see Matter of Goetschius v Bd. of Educ. of the Greenburgh Eleven Union Free School Dist., 281 AD2d 416 [2d Dept 2001 ]). There is, therefore, merit to Petitioners' argument that the Board's conduct "prevented a meaningful discussion" from occurring, in violation of the "broad and liberal construction" of the relevant provisions of the Open Meetings Law (McCrory v. Vill. of Mamaroneck Bd. of Trustees, 181 AD3d 67, 70 [2d Dept 2020]), and Petitioners are entitled to a declaration that the Board violated Public Officers Law § 103 (see id. § 107[1]). Petitioners argue that this establishes an independent basis for voiding the repeal of Local Law § 240-50 "without prejudice to reconsideration in compliance with [the Open Meetings Law]" (Public Officers Law § 107[1]). The Court will consider this violation in conjunction with the other violations alleged by Petitioners in their third and fourth causes of action, below. Based on the foregoing, it is hereby ORDERED that Petitioners' first cause of action for violation of Public Officers Law § 107(1) is granted to the extent set forth above. Petitioners' related request for an award of costs and attorneys' fees pursuant to Public Officers Law § 107(2) is treated separately below. Petitioners' Second Cause ofAction for Violations of SEORA Procedure Petitioners contend in their second cause of action that Respondents failed to take the requisite "hard look" pursuant to SEQRA at the potential adverse environmental impacts of repealing Local Law § 240-50. A court's authority to examine a SEQRA review conducted by an entity that was required to do so is limited to reviewing whether the determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion. The relevant question before the court is whether the agency identified the relevant areas of environmental concern, took a `hard look' at them, and made a `reasoned elaboration' of the basis for its determination. (Gernatt, 87 NY2d at 688 [internal quotations omitted]). "SEQRA expansively defines `environment' as `the physical conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution, or growth, and existing community or neighborhood character" (Matter of Defreestville Area Neighborhoods Assn, Inc. v Town Bd. of Town of N. Greenbush, 299 AD2d 631, 632 [3d Dept 20021 [emphasis added], quoting Environmental Conservation Law ("ECL") § 8-0105[6]; see also 6 NYCRR 617.2[1]). The SEQRA review process for `Type I actions,' which is the type of action Par 6 of 12 of 12 7 of 14 F$�3.Eiiv; DiU(FCESPS�COUL3W'iY.tCL.l r,11LL 0 • 3 P L-.4INDEX NO. 2023-51732 NV96 '1EFD3W.N( 0.565 PkILFEI IWY C F': at issue in this matter, requires the preparation of "a full [Environmental Assessment Form ("EAF")] ... to determine the significance of such action[]" (6 NYCRR 617.6[a][2]). Respondents prepared an EAF for the repeal of Local Law § 240-50, which stated that no significant adverse environmental impacts were identified. Based thereon, the board adopted the Negative Declaration at the January 23, 2023 Board meeting (see 6 NYCRR 617.2[z] ["Negative declaration means a written determination ... that the implementation of the action as proposed will not result in any significant adverse environmental impacts"]). Petitioners argue that Respondents' EAF and subsequent Negative Declaration based thereon were invalid for failure to "discuss how the Town's comprehensive plan would be served by the repeal," and for failure to "consider[] the Town's current housing supply and whether the repeal ... would promote the Town's goal of introducing a variety of housing." However, as set forth above, SEQRA review is limited to an examination of how a proposed action may impact existing environmental conditions only. It is undisputed that Local Law § 240-50 has never been used for development in the Town, and Petitioners were not performing any physical work on the proposed development at the time the repeal was being considered. The repeal, therefore, could not have any "impact" on existing environmental conditions in the Town, let alone any significant adverse impact (see 6 NYCRR 617.2[s] ["Impact means to change or to have an effect on any aspect(s) of the environment."]). Under the circumstances presented in this matter, Respondents' SEQRA review was substantively adequate and was performed pursuant to the proper procedure, and Petitioners' challenge is without merit (Gernatt, 87 NY2d at 689; Bonacker Prop., LLC v Vil. of E. Hampton Bd. of Trustees, 168 AD3d 928, 932 [2d Dept 2019]). Based on the foregoing, it is hereby ORDERED that Petitioners' second cause of action is dismissed. Petitioners' Third and Fourth Causes ofAction for Unlawful Predetermination of the Application and Violation of Town Law ¢ 263 Petitioners' third and fourth causes of action, taken together, allege that Respondents acted in violation of lawful procedure and/or arbitrarily and capriciously in first refusing to consider Petitioners' application, then in repealing Local Law § 240-50 to render the application moot, and then in refusing to allow the application to proceed under Town Code 240-19(B). Respondents argue in opposition that consideration of the application was properly denied based upon two deficiencies identified by the Board at the December 12, 2022 meeting, and that the repeal of Local Law § 240-50 was not inconsistent with the Town's comprehensive plan and was otherwise a rational exercise of legislative authority. Respondents do not address Petitioners' arguments concerning the Board's failure to act on Petitioner's revised application, and the essential facts thereof are admitted by Respondents in their verified answer. CPLR 7803(3) provides, in relevant part: "The ... questions that may be raised in a proceeding under [CPLR article 78] are ... whether a determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion[.]" A determination is arbitrary and capricious or an abuse of discretion "when it is taken without sound basis in reason or regard to the facts" (Matter of Sternberg v NY State Off. for Page 7 of 12 d ®f ii ILED: DUTCHESS COUNTY CLERK INDEX NO. 2023-51732 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 11/14/2023 People with Dev. Disabilities, 204 AD3d 680, 682 [2d Dept 2022] [internal quotation omitted]), or "unreasonable, irrational or indicative of bad faith" (Matter of Zutt v State, 99 AD3d 85, 97 [2d Dept 2012] [internal quotation omitted]). Evidence that a municipal body "predetermined" a decision on a pending application, thereby depriving the applicant of "impartial and unprejudiced decision-making," may demonstrate that the body acted in violation of CPLR 7803(3) (Matter of Heritage Hills Sewage Works Corp. v Town Bd. of Town of Somers, 245 AD2d 450 [2d Dept 1997]). To first address Respondents' repeal of Local Law § 240-50, which the parties agree constituted a legislative act under Respondents' zoning authority: Town Law § 272—a(11) provides that where, as here, a town has adopted a formal comprehensive plan, the town's zoning decisions must be consistent with that plan. Compliance with the statutory requirement is measured, however, in light of the long-standing principle that one who challenges such a legislative act bears a heavy burden. If the validity of the legislative classification for zoning purposes be fairly debatable, the legislative judgment must be allowed to control. Thus, when a plaintiff fails to establish a clear conflict with the comprehensive plan, the zoning classification must be upheld. Zoning decisions must be consonant with a total planning strategy, reflecting consideration of the needs of the community. What is mandated is that there be comprehensiveness of planning, rather than special interest, irrational ad hocery. The obligation is support of comprehensive planning, not slavish servitude to any particular comprehensive plan. (Infinity Consulting Group, Inc. v Town of Huntington, 49 AD3d 813, 814 [2d Dept 2008] [internal quotations and citations omitted]; see also Town Law § 263; Bonacker, 168 AD3d at 930). Here, the Town's comprehensive plan provides conflicting goals regarding the property sought to be developed. While Petitioners are correct that the goals of the comprehensive plan include "[improving] housing choice in the Town by encouraging a balance of housing types and sizes" and "develop[ing] ... a system of central utilities to address ... water supply and sewage treatment problems," the comprehensive plan also states a goal that "new higher density development be made in existing centers that can be most economically served by existing roads, utilities and community facilities." Respondents relied on the latter goal in adopting the resolution to repeal Local Law § 240-50, having found that the law would permit high-density developments, such as Petitioners' proposed development, to occur in rural locations and not in "existing centers" that are served by existing water and sewer utilities. As a result, and taken in isolation, the Board's legislative judgment as to the repeal of Local Law § 240-50 is at least "fairly debatable," and Petitioners have not met their "heavy burden" to show that the repeal was unjustified or irrational due to alleged inconsistency with the Town's comprehensive plan (Infinity Consulting, 49 AD3d at 815). Pa eloH2 9 of 14 Fri : QN9TFig� QWt UY1 .J� 1 P INDEX NO. 2023-51732 NIB'S_CEEFD()C)G . NRO. 565 ErEII However, reviewing the propriety of the repeal in conjunction with the other undisputed facts of this matter requires a different analysis. At the time Petitioners' application was initially submitted on November 30, 2022, Local Law § 240-50 was still in effect. The procedure set forth in the law required the Board, "[u]pon receipt of a completed application for approval of a designed residential development, [to] forward for review and report ... seven copies of such application to the Planning Board and one copy each of the application shall be forwarded to the Zoning Administrator, the Town Environmental Council, the Town Engineer, Town Attorney, the Town Planner and the Town Superintendent of Highways" (Local Law § 240-50[E] [2] [a] [ 1 ]). The items required for a complete application were enumerated in Local Law § 240-50(E)(1), including the payment of a $1,000.00 non-refundable filing fee. At the December 12, 2022 meeting, the Board's minutes state only the following with respect to the consideration of Petitioners' application: Two items were not included in their application. The board authorized the attorney to draft a letter to advise the applicant of its deficiency. The Board never specified what the missing items were, and the Board's attorney never sent a letter to Petitioners to advise of the missing items. While Respondents argue in opposition to the petition that the application "did not meet the eligibility requirements" because "Cedar Hill Road is not a collector road," this argument is not found in the record furnished by Respondents for the December 12, 2022 meeting. Moreover, the argument relates to a substantive issue regarding the eligibility of the proposed development (see Local Law § 240-50[E][2][b][1]), not the ministerial determination of whether the application contained all enumerated items in Local Law § 240-50(E)(1). Since the record does not contain any factual basis for Respondents' determination that Petitioners' application was missing two items, and the reason proffered by Respondents in opposition to the petition neither mentions those items nor bears a rational relationship to the issue that was presented to the Board on December 12, 2022, Respondents' determination was irrational, arbitrary and capricious, and the refusal to consider the application was in violation of the procedures set forth in Local Law § 240-50(E). Additionally, Respondents have not disputed that the Board was aware of Petitioners' proposed development several months in advance of the filing of the application. With respect to the proposed development, on September 9, 2022, Town Councilman Christopher Phillips sent an email stating: I have heard through conversations that there is a loophole in the Zoning Law regarding the department development [sic]. Can we know what that is? Can we know if the engineer company knows about it? If there is one, what is it so the Town Board can shut it down? These are things we need to know and should not be shared with the people outside of the Town and know 3/5's of the Board do not want this type of development. On October 17, 2022, Councilman Phillips stated further via email: Page 9 of 12 1a 81 i� DU%TCH"S.-,COi3NjTY CLERKA.11 6. Q23.-,04,; ,P INDEX NO. 2023-51732 MINCE FDOOC . NVO .56Ei 5 SII W ARFLF�- : 3 I am looking to remove section 240-50 of the zoning code as it seems to be a loop hole in the zoning law. On December 1-2, 2022, following Petitioners' submission of the application and request for it to be added to the Board's December 12, 2022 agenda, Town Councilman Al Casella emailed his objection to inclusion of the application on the basis that it did not have a "sponsor" on the Board. Councilman Phillips thereafter emailed: So long as there is a sponsor on the agenda that works. Second for this applicant, as we know, we are repealing the Law [Local Law § 240-50]. I would like to know why our attorney is spending a second on this? I believe the intentions of the `whole' board is [sic] known and that this is a waste of both time and money. [emphasis added]. Councilman Phillips' statements indicate a pre -public determination to repeal Local Law § 240-50—in violation of the Open Meetings Law—in order to halt Petitioners' proposed development. The statements also evince the Board's intent to not permit Petitioners' application to receive impartial and unprejudiced deliberation and decision-making (Heritage Hills Sewage Works, 245 AD2d at 453-454). These facts must also be considered in conjunction with: (i) the violation of the Open Meetings Law noted above, i.e., that the Board's deliberations concerning the repeal of Local Law § 240-50 were conducted in private and read into the record from a pre - prepared statement at the January 23, 2023 Board meeting; (ii) the Board's repealing of the law against the recommendation of the Dutchess County Department of Planning and Development, on the basis that the conservation subdivision provisions of Town Code § 240-19(B) provided a better alternative; and (iii) the Board's subsequent and ongoing refusal to permit Petitioners' application to proceed under Town Code § 240-19(B). Thus, taken as a whole, the Board's words, actions, and inactions demonstrate an arbitrary, capricious and deliberate course of action to prevent Petitioners from pursuing their land use rights. Finally, it must be noted that there appears to be no basis for Respondents' assertion that Petitioners' revised application is essentially `stuck' at the Town Board because there is no lawful procedure to move it along. The conservation subdivision ordinance, Town Code § 240-19(B), provides that it is to be read pursuant to Town Law § 278 regarding "approval of cluster development," and that "[i]n addition to compliance with any special standards, requirements and procedures as set forth in this § 240-19B [sic], conservation developments shall also be subject to review and public hearing by the Planning Board in accordance with the same procedures as would otherwise be applicable to conventional subdivision plats" (Town Code § 240-19[B][6]). The Code of the Town of Wappinger contains detailed provisions for subdivision approval in Chapter 217 thereof. It is therefore unclear what procedure may have been lacking for Petitioners' application to proceed before either or both of the Town Board or the Planning Board. Respondents' continued refusal to consider Petitioners' revised application or to simply issue a resolution referring the application to the Planning Board for subdivision review has no lawful basis and is "indicative of bad faith" (Zutt, 99 AD3d 97). Page 10 of 12, 1110 dtf 1142 ]�: L 1 0 •3 P INDEX NO. 2023-51732 IZIJ 1�FrF vFT1 Nye NW§ZLFDggt. N1QG. 5§5 1�ECL�vEU [vY F:. 9.1,s� Based on the foregoing, and because the repeal of Local Law § 240-50 was an integral part of Respondents' unlawful interference with Petitioners' land use and procedural rights, it is hereby ORDERED that Petitioners' third and fourth causes of action are granted; and it is further ORDERED that pursuant to CPLR 7806, Respondents' adoption of Town of Wappinger Local Law No. 1 of 2023 is annulled, and Local Law § 240-50 is reinstated, nunc pro tunc, as of January 23, 2023; and it is further ORDERED that Respondents are directed to proceed with review of Petitioners' application, as filed on November 30, 2022, under Local Law § 240-50 and make any initial determination or referral required by the Town Board with sixty-two (62) days of the date hereof. In issuing the foregoing determinations, the Court renders no opinion as to the merits of Petitioners' application for the proposed development. Petitioners' Fifth Cause ofAction seeking Disqualification of Board Members Petitioners' final cause of action seeks an order disqualifying Town Councilmen Phillips, Casella, and William Beale from voting on any future matters involving Petitioners' proposed development due to their alleged bias against the project. However, "[o]pposition to [a] project, without more, cannot constitute bias or a conflict of interest" sufficient to disqualify a board member from voting with respect to that project (Troy Sand & Gravel Co., Inc. v Fleming, 156 AD3d 1295, 1304 [3d Dept 2017]). Petitioners do not allege that these Board members are anything more than vehemently opposed to the proposed development. Petitioners also have not proffered any evidence of a pecuniary interest or other potentially disqualifying circumstance (cf. Matter of E. Oaks Dev., LLC v Town of Clinton, 76 AD3d 676 [2d Dept 2010]; Matter of Parker v Town of Gardiner Planning Bd., 184 AD2d 937 [3d Dept 1992]). Accordingly, it is hereby ORDERED that Petitioners' fifth cause of action is dismissed. Petitioners' Request for Attorneys' Fees Section 107 of the Open Meetings Law provides, in relevant part: "If a court determines that a vote was taken in material violation of this article, or that substantial deliberations relating thereto occurred in private prior to such vote, the court shall award costs and reasonable attorney's fees to the successful petitioner, unless there was a reasonable basis for a public body to believe that a closed session could properly have been held" (Public Officers Law § 107[2] [emphasis added]). As noted above, the undisputed facts of this matter demonstrate that "substantial deliberations" regarding the vote to repeal Local Law § 240-50 occurred outside of publicly -held meetings on the measure, and that those deliberations influenced the vote and were integrated into the resolution approving the repeal. Respondents have not offered any basis to explain why such deliberations could not take place in public in advance of the vote. Accordingly, Petitioners are entitled to recover their costs and reasonable attorneys' fees with respect to their first cause of action only. Page 11 of 12 it 8f 14 IN_D_EX NO. 2023-51732 LEffq§9 tT)Y§(qLE1' : 9.1.a Based on the foregoing, it is hereby ORDERED that the petition is further granted to the extent that Petitioners may recover from Respondents such costs and attorneys' fees as were reasonably incurred in connection with Petitioners' first cause of action; and it is further ORDERED that within twenty (20) days of the date hereof, Petitioners shall produce to Respondents documentation establishing such costs and attorneys' fees, and within thirty (30) days thereafter, Respondents shall either pay such costs and attorneys' fees directly to Petitioners' counsel or request a hearing on same. The foregoing constitutes the decision and .order of the Court. Dated: November 2023 Poughkeepsie, New York ENTER: MARIA G. R09A, J.S.C. Scanned to the E -File System only Pursuant to CPLR §5513, an appeal as of right must be taken within thirty days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry, except that when the appellant has served a copy of the judgment or order and written notice of its entry, the appeal must be taken within thirty days thereof. Stenger, Diamond and Glass, LLP Wallace & Wallace, LLP. 1136 Route 9 85 Civic, Center Plaza, Suite LU Wappingers Falls, NY 12590 Poughkeepsie, NY 12601 Page 12 of 12 1132 G,�f 112 FILED: DUTCHESS COUNTY CLERK 11/16/2023 04:33 PM NYSCEF DOC. NO. 56 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS x In the Matter of the Application of MID -HUDSON DEVELOPMENT CORP. and MID -HUDSON HOLDINGS, LLC, Petitioner -Plaintiffs, -against- THE TOWN OF WAPPINGER and THE TOWN OF WAPPINGER TOWN BOARD, Respondent -Defendants. ------------------------------------------ STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) INDEX NO. 2023-51732 RECEIVED NYSCEF: AFFIDAVIT OF SERVICE Index No. 2023-51732 Assigned Judge: Hon. Maria G. Rosa, J.S.C. Kathleen Germano, being duly sworn says: I am not a party to the action, am over the age of 18 years of age and reside at Poughkeepsie, New York. On November 16, 2023, I served a true copy of the annexed DECISION AND ORDER WITH NOTICE OF ENTRY by transmitting the papers by electronic means through the NYSCEF filing system, which was designated by the attorney for such purpose, to each of the following persons: TO: James P. Horan, Esq. Wallace & Wallace, LLP Attorneys fir Defendant -Respondents 85 Civic Center Plaza, Suite LL3 Poughkeepsie, NY 12601 Sworn to before me on this 161" day of November 2023. �/�'ota ublic K hleen Gerniano AILANA L. C. CHOLEE BROWN NOTARY PUBLIC -STATE OF NEW YORK No. 01 BR6411140 Qualified in Westchester County My Commission Expires 11-09-2024 14 of 14 4�uprEme Tuurt of t4E 1�tttte of New Dark Appellate itutstun: Second 1ndtrtal Department Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil MID -HUDSON DEVELOPMENT CORP. AND MID -HUDSON HOLDINGS, LLC, - against - TOWN OF WAPPINGER AND THE TOWN OF WAPPINGER TOWN BOARD 0 Civil Action 0 CPLR article 78 Proceeding ❑ CPLR article 75 Arbitration ❑ Special Proceeding Other Action Commenced under CPLR 214-g ❑ Habeas Corpus Proceeding Date Notice of Appeal Filed ❑� Appeal ❑ Original Proceedings ❑ CPLR Article 78 ❑ Eminent Domain ❑ Labor Law 220 or 220-b ❑ Public Officers Law § 36 ❑ Real Property Tax Law § 1278 ❑ Transferred Proceeding ❑ CPLR Article 78 ❑ Executive Law § 298 ❑ CPLR 5704 Review 0 Administrative Review ❑ Business Relationships ❑ Commercial ❑ Contracts 0 Declaratory Judgment ❑ Domestic Relations ❑ Election Law ❑ Estate Matters ❑ Family Court ❑ Mortgage Foreclosure ❑ Miscellaneous ❑ Prisoner Discipline & Parole ❑ Real Property (other than foreclosure) ❑ Statutory ❑ Taxation ❑ Torts Informational Statement - Civil Informational Statement - Civil ZI ti Lo N O N U) W W 00 N It - 04 N O N 0 V L Q m 1= a� rn 0 a� Q Q Q 0 m U 0 Z U d a� E U M Q Paper Appealed From (Check one only): If an appeal has been taken from more than one order of judgment by the filing of this notice of appeal, please indicate the below information for each such order or judgment appealed from on a separate sheet of paper. ❑ Amended Decree ❑ Determination 0 Order ❑ Resettled Order ❑ Amended Judgement ❑ Finding ❑ Order & Judgment ❑ Ruling ❑ Amended Order ❑ Interlocutory Decree ❑ Partial Decree ❑ Other (specify): 0 Decision ❑ Interlocutory Judgment ❑ Resettled Decree ❑ Decree ❑ Judgment ❑ Resettled Judgment Court: Supreme Court County: Dutchess Dated: 11/14/2023 Entered: 11/15/2023 Judge (name in full): Maria G. Rosa, J.S.C. Index No.:2023-51732 Stage: ❑ Interlocutory � Final ❑ Post -Final Trial: ❑ Yes 0 No If Yes: ❑ Jury ❑ Non -Jury Prior Unperfected Appeal and Related Case Information Are any appeals arising in the same action or proceeding currently pending in the court? ❑ Yes 11 No If Yes, please set forth the Appellate Division Case Number assigned to each such appeal. Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other jurisdiction, and if so, the status of the case: None Original Proceeding Commenced by: ❑ Order to Show Cause ❑ Notice of Petition ❑ Writ of Habeas Corpus Date Filed: Statute authorizing commencement of proceeding in the Appellate Division: Proceeding Transferred Pursuant to CPLR 7804(g) Court: Choose Court county: Choose Countv Judge (name in full): I Order of Transfer Date: CPLR 5704 Review of Ex Parte Order: Court: Choose Court County: Choose Countv Judge (name in full): Dated: Description of Appeal, Proceeding or Application and Statement of Issues Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferrer pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. The paper appealed from is a decision and order in a hybrid Article 78 and Declaratory Judgment Action that granted the Petition in part. The court decided that the Defendant Town violated the open meetings law and also ordered that a Local Law be annulled. Informational Statement - Civil ZI ti Lo N O N U) W W 00 N It - 04 N O N 0 V L Q m 1= a� rn 0 a� Q Q Q 0 m U 0 Z U d a� E U M Q Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the ground for reversal, or modification to be advanced and the specific relief sought on appeal. The Defendant Town will argue that it did not violate the open meetings law because it provided ample opportunity for the public to comment at a public hearing held on two separate dates. The Town Board met with its attorney for legal advice and such meeting is exempt from the Open Meetings Law. The Court applied the incorrect legal standard when it reviewed the legislative act of the Town Board. The Court improperly applied and arbitrary and capricious standard when the more deferential rational basis standard should have been used. As the Court used improper legal standards its decision and order should be reversed. Party information Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for ai appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this form is to be filed for a proceeding commenced in this court, fill in only the party's name and his, her, or its status in this court. No. Party Name Original Status Appellate Division Status 1 MID -HUDSON DEVELOPMENT CORP. Plaintiff Respondent 2 MID -HUDSON HOLDINGS, LLC, Plaintiff Respondent 3 TOWN OF WAPPINGER Defendant Appellant 4 TOWN OF WAPPINGER TOWN BOARD Defendant Appellant 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Informational Statement - Civil m zo ti Lo r M N O N U) W S 00 N M N 0 N 4) U ,L Q 0 0 m E m co 0 0 7E m Q Q Q 0 m 0 z U d 0 m E U M Q Attorney Information Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division, only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or himself, the box marked "Pro Se" must be checked and the appropriate information for that litigant must be supplied in the spaces provided. Attorney/Firm Name: James P. Horan, Esq. Wallace & Wallace, LLP Address: 85 Civic Center Plaza, Suite LL3 City: Poughkeepsie State: NY Zip: 12601 Telephone No: (845) 473-0900 E-mail Address:jhoran@wallacelaw.net Attorney Type: 0 Retained ❑ Assigned 0 Government ❑ Pro Se ❑ Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above):3,4 Attorney/Firm Name: Kenneth M. Stenger, Esq. Stenger, Diamond & Glass, LLP Address: 1136 Route 9 City: Wappingers Falls State: NY Zip: 12590 Telephone No: (845) 298-2000 E-mail Address: kstenger@sdglaw.com Attorney Type: 8 Retained ❑ Assigned ❑ Government ❑ Pro Se ❑ Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above):1,2 Attorney/Firm Name Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: ❑ Retained ❑ Assigned ❑ Government ❑ Pro Se ❑ Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: ❑ Retained ❑ Assigned ❑ Government ❑ Pro Se ❑ Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: ❑ Retained ❑ Assigned ❑ Government ❑ Pro Se ❑ Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: ❑ Retained ❑ Assigned ❑ Government ❑ Pro Se ❑ Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): Informational Statement - Civil zo 11 - LO M N O N U) W W CO N ItL N O N 4) m rn Q 0 0 m rn 0 E m Q Q Q 0 m 0 z U d 0 0 E U M Q SUPREME COURT OF THE STATE OF NEW YORK Index No. 2023-51732 COUNTY OF DUTCHESS In the Matter of the Apllication of - MID -HUDSON DEVELOPMENT CORP. AND MID -HUDSON HOLDINGS, LLC„ Petitioners - Plaintiffs, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, -against- TOWN OF WAPPINGER AND THE TOWN OF WAPPINGER TOWN BOARD; Respondents -Defendants. Hon. Maria G. Rosa, J.S.C. AFFIRMATION OF SERVICE BY NYSCEF SYSTEM I, James P. Horan, an attorney at law duly licensed to practice in the state of New York pursuant to CPLR §2106 and under the penalties of perjury, affirms that on November 28, 2023, I served a copy of the annexed Notice of Appeal, Information Statement, and Notice of Entry of Decision and Order upon Kenneth M. Stenger, Esq., attorney for Petitioners -Plaintiffs through the NYSCEF system. Dated: Poughkeepsie, New York November 28 2023 -- JAMES P. HORAN, ESQ. WALLACE & WALLACE, LLP Attorneys for Defendants 85 Civic Center Plaza, Suite LL 3 Poughkeepsie, New York 12601 Phone: (845) 473-0900 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-159 Meeting: 12/11/23 06:30 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6094 Resolution Authorizing Revised Water Tenancy Agreement For Nature Preserve Homeowners' Association, Inc. WHEREAS, the Nature Preserve Homeowners Association, Inc. (the HOA) provides potable water to 53 residential units at the Nature Preserve on Berry Lane and Doe Trail; and WHEREAS, the wells of the HOA have failed and can no longer provide potable water to the residents of the Nature Preserve and they need to connect to the main of the United Wappinger Water District ("UWWD") to serve their properties; and WHEREAS, the HOA has requested to enter into a tenancy agreement for the supply of water from the UWWD to serve their properties on Berry Lane and Doe Trail until such time as the United Wappinger Water District is extended to include their properties; and WHEREAS, the connection of the Property to the UWWD water main located in a Town Easement a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5 (c) (11); and WHEREAS, the Attorney to the Town drafted a Water Tenancy Agreement to supply water to the properties which was previously approved by the Town Board, but the HOA requested changes to the agreement subsequent to the approval of the Town Board; 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 revised Water Tenancy Agreement with the HOA 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 account. 5) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be provided to the Dutchess County Department of Behavioral and Community Health. 6) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Town Clerk. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni Updated: 12/7/2023 12:59 PM by Joseph P. Paoloni Page 1