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2024-02-29Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappingerny.gov Joseph Paoloni (845)297-5772 Thursday, February 29, 2024 7:00 PM Town Hall Call to Order Attendee Name Organization Title Status Arrived Joseph D. Cavaccini Town of Wappinger Supervisor Present 7:00 PM William H. Beale Town of Wappinger Councilman Present 7:00 PM Angela Bettina Town of Wappinger Councilwoman Present 7:00 PM Christopher Phillips Town of Wappinger Councilman Present 7:00 PM Al Casella Town of Wappinger Councilman Present 7:00 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 3:30 PM Pre -Meeting Items 1. Salute to the Flag 2. Invocation by Reverend Alex Herasimtschuk of the Zion Episcopal Church 3. A moment of silent meditation in memory of Frank Coluccio III. Agenda and Minutes 1. Motion To: Adopt Agenda 3 resolutions were added. A resignation, a hiring, and a payment of legal fees for Ken Stenger's representation of Mid -Hudson development's appeal that was granted. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of February 12, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Town of Wappinger Page I Printed 3/7/2024 Regular Meeting Minutes February 29, 2024 IV. Public Portion 1. Motion To: Open Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella V. Discussions 1. 640 Wheeler Hill Road - Beale Attorney Liquori recommended that connections to the UWWD be consistant with the tenancy agreement. A standardized approach needs to be developed. 2. Parks and Recreation Fees Update — Fulton/Cavaccini Director Jessica Fulton addressed the board at the podium and spoke of the upcoming events and rentals along with the updates of fees. Councilman Phillips suggested the summer camp fees had escalating costs. It was agreed that Summer Camp would be kept flat. Director Fulton addressed other fees. VI. Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella RESOLUTION: 2024-74 Resolution Appointing A Traffic Prosecutor To Town of Wappinger Traffic Court WHEREAS, the appointment of a Traffic Prosecutor is permissible to stand in the place of an enforcement agency not in attendance to ensure the prosecution of such traffic related violations, and Town of Wappinger Page 2 Printed 3/7/2024 Regular Meeting Minutes February 29, 2024 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby appoint Paul Ackermann, Esq. or his designated associate, to serve as a Traffic Prosecutor to the Town of Wappinger Traffic Court The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-74 Yes/Aye No/Nay Abstain Absent Q Adopted Q Adopted ..... ❑ Adopted as Amended Joseph D. Cavaccini„ Voter Q ❑ ❑ ........ ❑ .........❑ ..... ❑ Defeated William H. Beale ......................... ... Voter.. .... Q .... .... ❑ ......,........ ❑ .... ❑ Tabled Angela Bettina .......................Voter ........... El .... ....... ❑ .. .. .. ....... ❑........,......❑..... ..... ..... ❑ Withdrawn Christopher Phillips Seconder ........ Q ❑ ❑ ❑ d Al Casella .Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 29, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-75 Resolution Appointing Town Engineer To The Town of Wappinger And Town Departments WHEREAS, the Town of Wappinger Town Board has authorized Town Supervisor Joseph D. Cavaccini to move forward with a Request for Qualifications for various Town professionals including Engineer to the Town at the 2024 Reorganization Meeting, and NOW THEREFORE BE IT RESOLVED, that Lawrence J. Paggi be and he hereby is employed and retained for the purpose of furnishing to the Town Board, its Officers and Agencies, such engineering advise, project management and consultation, and services as may be required and shall receive compensation for such services. The foregoing was put to a vote which resulted as follows: .a Vote Record - Resolution RES -2024-75 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter Q .... ❑ .....,..... ❑ .... ❑ ... ❑ Withdrawn Christopher Phillips ......... Seconder Q ..... ❑ o ..... d Al Casella Mover El ❑ ❑ ❑.. Dated: Wappingers Falls, New York February 29, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-76 Resolution Appointing Full Time Maintenance Mechanic In The Buildings And Grounds Town of Wappinger Page 3 Printed 3/7/2024 Regular Meeting Minutes February 29, 2024 Department WHEREAS, a vacancy of a full time Maintenance Mechanic position exists in the Buildings and Grounds Department, and WHEREAS, the Supervisor of Buildings and Grounds, Assistant Supervisor of Buildings and Grounds, and the Town Comptroller participated in interviews and recommends the appointment of Miguel Rosello, and WHEREAS, the full time Maintenance Mechanic position is a Labor position under Civil Service Law which is not subject to competitive examination, and WHEREAS, the full time Maintenance Mechanic position is subject to the terms of the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 ("CBA"), and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Miguel Rosello as Maintenance Mechanic who shall be compensated at $53,690.00 prorated annually which shall be paid in weekly installments, in accordance with the CBA. 2. The above appointments are subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 3. The above appointments are subject to a probationary term of not less than eight nor more than twenty-six weeks in accordance with the rules of the Dutchess County Department of Human Resources. 4. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. The foregoing was put to a vote which resulted as follows: .a Vote Record - Resolution RES -2024-76 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as Amended Joseph D. Cavaccini„Voter Q ❑ ❑ ❑ ❑ Defeated Wam H. Beale Voter Q ❑ o 0 ❑ Tabled Angela Bettina Voter Q .... ❑ .....,..... ❑ .... ❑ ... ❑ WithdrawnChristopher Phillips ......... Seconder Q ..... ❑ 0 ..... 0 Al Casella Mover El ❑ ❑ ❑.. Dated: Wappingers Falls, New York February 29, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-77 Resolution Promoting Groundskeeper To Full Time Maintenance Mechanic In The Buildings And Grounds De Town of Wappinger Page 4 Printed 31712024 Regular Meeting Minutes February 29, 2024 WHEREAS, Steaphan Lewis has been employed in the Buildings and Grounds Department as a Maintenance Mechanic, and WHEREAS, the Supervisor of Buildings and Grounds advises that Mr. Lewis exhibits an excellent work ethic and eagerness to learn and he is an asset to the operation of the Department, and WHEREAS, the full time Maintenance Mechanic position is a Labor position under Civil Service Law which is not subject to competitive examination, and WHEREAS, the full-time Maintenance Mechanic position is subject to the terms of the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 ("CBA"), NOW, THEREFORE, BE IT RESOLVED: 1. Steaphan Lewis is hereby appointed to the full-time civil service job title Maintenance Mechanic, effective February 29, 2024. 2. Steaphan Lewis shall be retroactively compensated at the hourly rate of $25.81 which shall be paid in weekly installments, in accordance with the CBA. 3. The appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. The appointment is subject to a probationary term of not less than eight nor more than twenty-six weeks in accordance with the rules of the Dutchess County Department of Human Resources. The foregoing was put to a vote which resulted as follows: V Vote Record - Resolution RES -2024-77 No/Nay Abstain Absent„ Q Adopted „ ,,,, ,,,, ,,,,,,,,,,,,, ,,,,,,,,,,,,,,, „Yes/Aye . ❑ Adopted as Amended Joseph D. Cavaccini„ Voter Q .... ❑ ........,...... ❑ ❑ ❑ Defeated William H. Beale ......................... Voter ............. El ....... ................ ❑ ❑ ... ❑ ... ❑ Tabled Angela Bettina Voter ... ,...... El .... ❑ .....,...... ❑ ... ❑ ... ❑ Withdrawn Christopher Phillips seconder Q ❑ ❑ ❑ Al Casella Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 29, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-78 Resolution Employing Additional Consulting Services To The Town of Wappinger WHEREAS, the Town of Wappinger Town Board has authorized Town Supervisor Joseph D. Cavaccini to move forward with a Request for Qualifications for various Town professionals including additional engineering services at the 2024 Reorganization Meeting, and WHEREAS, it is the intent of the Town Board to be able to rely on consultants as necessary for the completion of its capital projects, assisting its various boards, and goals from time to time, and Town of Wappinger Page 5 Printed 31712024 Regular Meeting Minutes February 29, 2024 NOW THEREFORE BE IT RESOLVED, that Laberge Group, be and hereby is employed and retained for the purpose of furnishing to the Town Board, its Officers and Agencies, such professional engineering, planning, grant writing, grant administration advice and services as may be required and shall receive compensation for such services as warranted by the Town, and BE IT FURTHER RESOLVED, that MJ Engineering, be and hereby is employed and retained for the purpose of furnishing to the Town Board, its Officers and Agencies, such professional engineering, advice and services as may be required and shall receive compensation for such services as warranted by the Town, and BE IT FURTHER RESOLVED, that Barton & Loguidice, be and hereby is employed and retained for the purpose of furnishing to the Town Board, its Officers and Agencies, such professional engineering, advice and services as may be required and shall receive compensation for such services as warranted by the Town. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-78 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Joseph D. Cavaccini.. Voter ..... Q ❑ ❑ .. ........... ❑ ❑ Defeated William H. Beale Voter ......... ..... Q ....... ................ ❑ ......... ❑ ....... .... ❑ ....... ❑ Tabled Angela Bettina Voter ... ,...... El .... ❑ .....,...... ❑ ... ❑ ... ❑ Withdrawn Christopher Phillips .................................. Seconder .. ,........ Q ....... ,....... ❑ ❑ ....... ,....... ❑ ..... AlCasella Mover Q ❑........,........❑ ❑ Dated: Wappingers Falls, New York February 29, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-79 Resolution Authorizing Revocable License For Community Garden WHEREAS, the Town of Wappinger owns 99.5 acres of real property on Wheeler Hill Road known as Carnwath Farms Historic Site & Park, and WHEREAS, the Town prepared a comprehensive master plan for the development of Carnwath Farms, and WHEREAS, the TOWN has imposed a Conservation Easement on a portion of Carnwath Farms in accordance with the Grant from the Dutchess County Open Space and Farmland Protection Matching Grant funds, and WHEREAS, in 2020 the Town set aside a one acre site on Carnwath Farms for use as a community garden which is consistent with the plan for Carnwath and the Conservation Easement, and WHEREAS, N.Y. Agric. & Mkts. Law § 31-i permits at Town to establish a community garden on its surplus lands, and WHEREAS, the Town of Wappinger lacks sufficient personnel and resources to maintain the community garden at Carnwath Farms and it has remained untended and overgrown, and Town of Wappinger Page 6 Printed 31712024 Regular Meeting Minutes February 29, 2024 WHEREAS, in 2022, Courtney and Brian Kolb submitted a proposal to maintain the Community Garden site, and WHEREAS, the TOWN and the Kolbs agreed that a pilot program for maintenance of the Community Garden site for the 2022 and 2023 growing season was necessary to demonstrate the feasibility of a community garden and determine what crops would thrive on the property and found it was extremely successful, and WHEREAS, it is the intention of the Town Board to continue community farming at Carnwath Farms, and WHEREAS, the Town Board determines that the proposed action is a Type II action under SEAR, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby authorizes the Kolbs to use the community garden property in accordance with the terms of the license agreement annexed hereto. 2. This resolution and the license agreement may be modified by further resolution of the Town Board. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-79 Yes/Aye No/Nay Abstain Absent Q Adopted .. ❑ Adopted as Amended Joseph D. Cavaccini Voter ....... .....Voter... El ❑ ❑ ❑ ❑ Defeated William H. Beale ................... ..... Q .... ......❑...............❑ .... .....❑..... ❑ Tabled Angela Bettina Voter ........... El .... ..... .. ❑ .....,..... ❑ .... ..... ❑ ... ..... ❑ Withdrawn Christopher Phillips Seconder ........ El ❑ ................ ❑ ❑ Al Casella Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 29, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-80 Resolution Accepting Resignation Of Motor Equipment Operator In The Highway Department WHEREAS, Blake Kessler in a letter dated February 12, 2024 has submitted his resignation as a Motor Equipment Operator for the Town of Wappinger Highway Department effective February 26, 2024. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby accepts the resignation of Blake Kessler as a Motor Equipment Operator for the Town of Wappinger Highway Department effective February 26, 2024. 3. The Town Comptroller, Jessica Servidio, is directed to compute any sums due to Blake Kessler by reason of any benefit time such as unused sick pay, vacation pay and Town of Wappinger Page 7 Printed 31712024 Regular Meeting Minutes February 29, 2024 personal time that maybe owing to him pursuant to the Collective Bargaining Agreement between the Town and CSEA 6673 Town of Wappinger Highway Employees. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-80 Lo . . - 2 24-02-2 Number To From Date Date Ree" I Re: Agenda Date 62-29-001 Town Board Heather L. Kitchen 21112.924 216/20124 Town Justice Monthly Report JanuaFy 2924 2126/20124 Yes/Aye No/Nay Abstain Absent Q Adopted . „Yes/Aye ❑ Adopted as Amended ❑ Adopted as Amended Joseph D. Cavaccini„ Voter Q ❑ ❑ ... ❑ .............❑ ..... ❑ Defeated Wam H. Beale ........................ ............ ............................................... Voter.. El .... ....... .... ❑ ......,........ ...... ..... ❑.. ....... ................ . ❑ Tabled Angela Bettina Voter El .... ❑ .....,..... ❑ .... ❑ ... ❑ Withdrawn Christopher Phillips Seconder ........ Q ❑ ................ ❑ ❑ Al Casella Al Casella .Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 29, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-81 Resolution Approving the Correspondence Log Correspondence Lo . . - 2 24-02-2 Number To From Date Date Ree" I Re: Agenda Date 62-29-001 Town Board Heather L. Kitchen 21112.924 216/20124 Town Justice Monthly Report JanuaFy 2924 2126/20124 02-29-01012 Town Board Nicholas Meselli 21112.924 216/2.0124 Town Justice Monthly Re ort January 2924 2126/20124 NOW THEREFORE LET IT BE RESOLVED, that the letters and communications itemized 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 .a Vote Record - Resolution RES -2024-81 No/Nay Abstain„ Absent„ Q Adopted . „Yes/Aye ❑ Adopted as Amended Joseph D. Cavaccini„ Voter Q ❑ „❑ „ ❑ ❑ ❑ Defeated William H. Beale ......................................... ......,.... -.... Q .. ....... ....,........... ... ❑ .... ,.... ....... ❑ ... ❑ Tabled Angela Bettina Voter El .... ❑ ... ❑ ..... ,..... ❑ .. ❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑ Al Casella Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 29, 2024 The Resolution is hereby duly declared Adopted. VII. Non -Consent Resolutions RESOLUTION: 2024-71 Resolution Accepting Undertaking Secured By Decommissioning Bond In Connection With Town of Wappinger Page 8 Printed 3/7/2024 Regular Meeting Minutes February 29, 2024 Old Myers NY LLC WHEREAS, Old Myers NY, LLC ("Owner") is the owner of a 38.09 acre parcel of real property located at 22 Old Myers Corners Road in the Town of Wappinger designated as Tax Parcel 135689-6258-03-376432 (the "Property"), and WHEREAS, the Owner has entered into an agreement with the Town of Wappinger whereby the owner agrees to completed decommissioning in accordance with the Decomissioning and Site Restoration Plan dated March 2023, and WHEREAS, the Owner has delivered to the Town a surety bond from Harco National Insurance Company, an Illinois corporation duly authorized under the laws of the State of New York, in the amount of $81,030.00 as security for the restoration of the property and the decommissioning of the solar farm, and WHEREAS, the terms of the Undertaking and the bond authorize the Town of Wappinger to draw against the aforementioned Decommissioning Bond in the event the Owner does not receive site plan approval and the project site is not restored in accordance with the terms of the Undertaking. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby determines that the Surety Bond of Harco National Insurance Company in the amount of $81,030.00 (the "Bond") is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Owner does not fulfill its obligations as provided in the Undertaking. 2. The Town Board hereby accepts (the "Bond") in the total sum of $81,030.00, as security for the faithful performance for the completion of the obligations set forth in the Undertaking. 3. The Town Clerk is directed to file the bond in his office until such time as the Bond is called upon or returned. The foregoing was put to a vote which resulted as follows .a Vote Record - Resolution RES -2024-71 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale...................Voter.... ............ ,........ Q .......,....... ❑....... ,........ ❑....... ,.......❑ .... Q Tabled Angela Bettina ............................ Voter.... ...... El ..... .........❑ ..... ...... ❑........ ........❑ ..... WithdrawnChristopher ❑ Phillips Seconder Q ❑ ❑ ❑ Next: 3/11/24 7:00 PM „ Al Casella ................................. .... Mover Q ........... ❑ „. ❑ ❑ Dated: Wappingers Falls, New York February 29, 2024 The Resolution is hereby duly declared Tabled. RESOLUTION: 2024-82 Resolution Introducing Local Law 1 of 2024 And Providing For Public Notice And Hearing BE IT RESOLVED, Introductory Local Law 9 1 of the year 2024 before the Town Board of the Town of Wappinger in the County of Dutchess and State of New York entitled, "A Local Law Town of Wappinger Page 9 Printed 31712024 Regular Meeting Minutes February 29, 2024 Regulating For An Interim Period, The Receipt, Processing And Approval Of Applications For Subdivisions Greater Than Three Lots And Applications For Multi -Family Residential Development Within The Town Of Wappinger" ("Interim Development Law") is hereby introduced, and BE IT FURTHER RESOLVED, that copies of the aforesaid proposed Interim Development Law, which is attached hereto, be laid upon the desk of each member of the Board, and BE IT FURTHER RESOLVED, that the Town Board will hold a public hearing on said proposed Interim Development Law at the Town Hall, in the Town of Wappinger, New York at 7:00 P.M. on March 11, 2024, and BE IT FURTHER RESOLVED, that the Town Clerk publish or cause to be published a public notice in the official newspaper of the Town of Wappinger of said public hearing at least five (5) days prior thereto. BE IT FURTHER RESOLVED, that the Town Clerk cause a copy of Interim Development Law said Local Law be sent to the Dutchess County Department of Planning in accordance with the applicable provisions of Section 239 of the General Municipal Law at least 10 days prior thereto. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-82 No/Nay Abstain Absent Q Adopted...............Yes/Aye ❑ Adopted as Amended Joseph D. Cavaccini„ Voter Q ❑ ❑ ❑ ❑ Defeated Wam H. Beale ........ Voter ...................... E1 ....... ................ ❑ ........ ❑ ....... ... ❑ ................ ❑ Tabled Angela Bettina Seconder El ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Mover El ....... ❑ ❑ ❑ Al Casella Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York February 29, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-83 Resolution Accepting Resignation Of Personnel Assistant In The Comptroller's Office WHEREAS, Nicole A. Wilkinson in a letter dated February 29, 2024 has submitted her resignation as a Personnel Assistant for the Town of Wappinger Comptroller's Office effective February 23, 2024. NOW, THEREFORE, BE IT RESOLVED, as follows; The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby accepts the resignation of Nicole A. Wilkinson as a Personnel Assistant for the Town of Wappinger Comptroller's Office effective February 23, 2024. The Town Comptroller, Jessica Servidio, is directed to compute any sums due to Nicole A. Wilkinson. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-83 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ Town of Wappinger Page 10 Printed 3/7/2024 Regular Meeting Minutes February 29, 2024 ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled ....................................................... Angela Bettina ......................................................... Seconder El ❑ ❑ ................. ❑ ❑ Withdrawn Christopher Phillips Voter Q ❑ ❑ ❑ Joseph D. Cavaccini„ Al Casella ............ Mover .. Q ........... ❑ .. ❑ ❑ Dated: Wappingers Falls, New York February 29, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-84 Resolution Confirming Hiring Of Personnel Administrator WHEREAS, due to the resignation of Nicole A. Wilkinson, a vacancy exists in the position of Personnel Administrator in the Comptroller's Office, and WHEREAS, the Town Board has identified the need for an employee to perform Human Resources clerical duties such as payroll, filling paperwork with Dutchess County Human Resources, handing healthcare and retirement information, and other related tasks as assigned, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby confirms the hiring of Taryn Riley to the position of Personnel Administrator, and NOW THEREFORE, BE IT FURTHER RESOLVED, that Taryn Riley shall be paid a salary of $85,000.00, with three (3) weeks vacation time which shall be paid out of budget line A.1315 Budget. The foregoing was put to a vote which resulted as follows V Vote Record - Resolution RES -2024-84 No/Nay Abstain Absent„ Q Adopted „ ,,,, ,,,, ,,,,,,,,,,,,, ,,,,,,,,,,,,,,, „Yes/Aye ..... ..... ❑ Adopted as Amended Joseph D. Cavaccini„ Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Mover ............ Q ......... ................ ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter El ❑ ,...... ❑... ❑ ... ❑ Withdrawn CbristopherPhillips Voter Q ❑ o 0 ...... Al Casella Seconder Q o o ❑ Dated: Wappingers Falls, New York February 29, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-85 Resolution Authorizing Payment Of Attorneys Fees Pursuant To Court Order NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the payment of $6,293.83 in connection with the Decision in certain matter referenced as Dutchess County Index No; 2023- 51732. Town of Wappinger Page 11 Printed 3/7/2024 Regular Meeting Minutes February 29, 2024 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-85 Yes/Aye No/Nay Abstain Absent Q Adopted .......... ....... ..... . ❑ Adopted as Amended 7oseh D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale ....................................................................................................................... Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Mover. El .... ❑ .... ❑ .... ❑ ... ❑ Withdrawn Christopher Phillips .................................. Voter Q ............... ❑ ................. ❑ ................ ❑ Al Casella Seconder........ Q ❑ ❑ ❑....... Dated: Wappingers Falls, New York February 29, 2024 The Resolution is hereby duly declared Adopted. VIII. Items for Special Consideration/New Business Steve Frazier Updated his Project List. 1. Motion To: Move Forward with Signs at the Pickleboard Courts RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph D. Cavaccini, Supervisor SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella IX. Executive Session for Legal Advice and Adjourn 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella X. Adjournment Wappinger Adjournment & Signature The meeting adjourned at 8:10 PM. Joseph P. Paoloni Town Clerk Town of Wappinger Page 12 Printed 3/7/2024 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-74 Meeting: 02/29/24 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6133 Resolution Appointing A Traffic Prosecutor To Town of Wappinger Traffic Court WHEREAS, the appointment of a Traffic Prosecutor is permissible to stand in the place of an enforcement agency not in attendance to ensure the prosecution of such traffic related violations, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby appoint Paul Ackermann, Esq. or his designated associate, to serve as a Traffic Prosecutor to the Town of Wappinger Traffic Court RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 2/22/2024 8:41 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-75 Meeting: 02/29/24 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6135 Resolution Appointing Town Engineer To The Town of Wappinger And Town Departments WHEREAS, the Town of Wappinger Town Board has authorized Town Supervisor Joseph D. Cavaccini to move forward with a Request for Qualifications for various Town professionals including Engineer to the Town at the 2024 Reorganization Meeting, and NOW THEREFORE BE IT RESOLVED, that Lawrence J. Paggi be and he hereby is employed and retained for the purpose of furnishing to the Town Board, its Officers and Agencies, such engineering advise, project management and consultation, and services as may be required and shall receive compensation for such services. RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 2/22/2024 8:59 AM by Joseph P. Paoloni Page 1 Town of Wappinger Meeting: 02/29/24 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Appointments / Terminations Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini RESOLUTION 2024-76 Doc ID: 6137 Resolution Appointing Full Time Maintenance Mechanic In The Buildings And Grounds Department WHEREAS, a vacancy of a full time Maintenance Mechanic position exists in the Buildings and Grounds Department, and WHEREAS, the Supervisor of Buildings and Grounds, Assistant Supervisor of Buildings and Grounds, and the Town Comptroller participated in interviews and recommends the appointment of Miguel Rosello, and WHEREAS, the full time Maintenance Mechanic position is a Labor position under Civil Service Law which is not subject to competitive examination, and WHEREAS, the full time Maintenance Mechanic position is subject to the terms of the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 ("CBA"), and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Miguel Rosello as Maintenance Mechanic who shall be compensated at $53,690.00 prorated annually which shall be paid in weekly installments, in accordance with the CBA. 2. The above appointments are subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 3. The above appointments are subject to a probationary term of not less than eight nor more than twenty-six weeks in accordance with the rules of the Dutchess County Department of Human Resources. 4. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 2/22/2024 9:06 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-77 Meeting: 02/29/24 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6138 Resolution Promoting Groundskeeper To Full Time Maintenance Mechanic In The Buildings And Grounds De WHEREAS, Steaphan Lewis has been employed in the Buildings and Grounds Department as a Maintenance Mechanic, and WHEREAS, the Supervisor of Buildings and Grounds advises that Mr. Lewis exhibits an excellent work ethic and eagerness to learn and he is an asset to the operation of the Department, and WHEREAS, the full time Maintenance Mechanic position is a Labor position under Civil Service Law which is not subject to competitive examination, and WHEREAS, the full-time Maintenance Mechanic position is subject to the terms of the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 ("CBA"), NOW, THEREFORE, BE IT RESOLVED: 1. Steaphan Lewis is hereby appointed to the full-time civil service job title Maintenance Mechanic, effective February 29, 2024. 2. Steaphan Lewis shall be retroactively compensated at the hourly rate of $25.81 which shall be paid in weekly installments, in accordance with the CBA. 3. The appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. The appointment is subject to a probationary term of not less than eight nor more than twenty-six weeks in accordance with the rules of the Dutchess County Department of Human Resources. RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 2/22/2024 9:08 AM by Joseph P. Paoloni Page 1 Town of Wappinger Meeting: 02/29/24 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Appointments / Terminations Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini RESOLUTION 2024-78 Doc ID: 6134 Resolution Employing Additional Consulting Services To The Town of Wappinger WHEREAS, the Town of Wappinger Town Board has authorized Town Supervisor Joseph D. Cavaccini to move forward with a Request for Qualifications for various Town professionals including additional engineering services at the 2024 Reorganization Meeting, and WHEREAS, it is the intent of the Town Board to be able to rely on consultants as necessary for the completion of its capital projects, assisting its various boards, and goals from time to time, and NOW THEREFORE BE IT RESOLVED, that Laberge Group, be and hereby is employed and retained for the purpose of furnishing to the Town Board, its Officers and Agencies, such professional engineering, planning, grant writing, grant administration advice and services as may be required and shall receive compensation for such services as warranted by the Town, and BE IT FURTHER RESOLVED, that MJ Engineering, be and hereby is employed and retained for the purpose of furnishing to the Town Board, its Officers and Agencies, such professional engineering, advice and services as may be required and shall receive compensation for such services as warranted by the Town, and BE IT FURTHER RESOLVED, that Barton & Loguidice, be and hereby is employed and retained for the purpose of furnishing to the Town Board, its Officers and Agencies, such professional engineering, advice and services as may be required and shall receive compensation for such services as warranted by the Town. RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 2/22/2024 8:57 AM by Joseph P. Paoloni Page 1 Agreement Between Town of Wappinger Dutchess County, New York _v 4.41 L.A►.BERGE ENGINEERING & CONSULTING GROUP, LTD. For Professional Services Draft Date: March 5, 2024 General Services Agreement roup SURVEYING PLANNING L-\TvEdg\Business Development\Governmrnt Organizations\W\Wappinger-'Gown\General Services\General Services Agreement 43-05-24.docx Q Part I. PARTIES AND PROJECT THIS AGREEMENT is made on the 5t Day of March the year 2024 between Town of W in er the OWNER and LABERGE ENGINEERING & CONSULTING GROUP LTD, with of oes at 4 Computer Drive West, Albany, New York 12205, the ENGINEER, for the following: Professional Consulting Services including but not limited to ARPA grant administration, planning and zoning board review; land use review; strategic and comprehensive planning; grant writing and administration; wastewater treatment planning and design; drinking water supply design, distribution and treatment; stormwater system design and program management; land surveying, road and highway engineering; architectural services; landfill monitoring and related services; dam safety; petroleum bulk storage; government operations, shared services and efficiency planning; and construction administration/observation as requested and authorized by the Town Board, The OWNER and the ENGINEER agree as follows: OWNER: Town of WappinM DRAFT DATE: March 5, 2024 Part II. ENGINEERING 014,RGES: MULTIPLE OF DIRECT PERSONNEL EXPENSE A. In accordance with the Terms and Conditions of this Agreement, the ENGINEER shalt provide professional services for which the OWNER shall compensate the ENGINEER as follows: A.1 Basic Services - As defined in Paragraph 1.1 and Additional Services, as defined in Paragraph 1.2, as follows: A. I.1 Employees' Direct Personnel Expense (including Principals') plus one and seven tenths (l.?) times the employees' Direct Personnel Expense as defined in Article 3. A.1.2 Cost of services of other professional consultants at amultiple of one and two tenths (1.2) times the amount billed to the ENGINEER by the professional consultants for such services. A.2 Initial Payment - Execution of the Agreement shall be accompanied by an initial payment by the OWNER of .- -0- - Dollars which shall be credited to the OWNER'S account. A.3 Reimbursable ExpMses - As defined in Article 4, times a multiplier of one and two tenths (1.2). A.4 Payments made after the initial payment shall be made monthly in proportion to services performed. A.5 Services performed under programs subject to the provisions of OMB Circular A102 shall be covered under a separate agreement subject to and in accordance with the provisions of said circular. OWNER: — Town of Wappfter 2 DRAFT DATE: March 5, 2024 DPE Part III. TERMS AND CONDMONS Article I. ENGINEERING SERVICES 1.I Basic Services The ENGINEER agrees to perform professional services in connection with the Project; including normal civil, structural, mechanical and electrical services and normal architectural services related thereto, as set forth below and contained within this Agreement: Preliminary Design Phase Construction Contract Documents Phase Bidding or Negotiating Phase Construction Phase I-1.2 Preliminary Design Phase During the Preliminary Design Phase the ENGINEER shall: 1.1.2.1 Consult with the OWNER to ascertain the OWNER'S requirements for the Project. 1.1.22 Review alternative approaches to design and construction of the Project. 1.12.3 Prepare a preliminary ENGINEERING/ARCHITECTURE study and report, consisting ofdesign criteria, drawings and outline specifications to develop and establish the scope of the Project. I.1.2.4 Prepare a statement of the ENGINEER'S Opinion of the probable Construction Cost for the Project based upon designs established to this point. 1.1.2.5 Furnish Five (5) copies of the Design Documents for the OWNER'S review and approval. 1.1.3 Construction Contract Documents Phase The ENGINEER shall: 1.1.3.1 Prepare the required Contract forms including proposal forms and notice to bidders, drawings, technical specifications and other documents as required to complete the Construction Contract Documents. 1.1.32 Advise the OWNER of any substantial adjustments to previous ENGINEER'S opinion of the probable Construction Cost when changes in requirements, general market conditions or other conditions that become known to ENGINEER. 1.1.3.3 At the OWNER'S request; assist the OWNER`S legal counsel in connection with their review of the Construction Contract Documents for their legally related aspects. 1-13.4 Furnish Five (5) copies ofthe Construction Contract Documents for the OWNER'S review and approval. 1-1.4 Bidding or Negotiating Phase Upon receipt Of the OWNER'S written approval of the Construction Contract Documents Phase and latest Opinion of the probable Construction Cost, and written authorization to proceed with the Bidding or Negotiating Phase, the ENGINEER shall: I.1.4.1 Assist the OWNER in obtaining bids or negotiating bid proposals, in analyzing bids and proposals, and in awarding the Construction Canntract. 1.1-5 Construction Phase—Administration of the Construction Contract Upon award ofany Construction Contract based upon the Construction Contract Documents compiled by the ENGINEER, the Construction Phase ofthis Agreement shall commence and the ENGINEER shall; I.1.5.1 Act as the OWNER'S representative with duties and responsibilities and limitations of authority as described in the General Conditions to the Construction Contract. The OWNER shall not modify the Construction Contract Documents without the written consent of the ENGINEER. 1.1.5.2 Advise and consult with the OWNER during the Construction Phase. The ENGINEER shall issue the OWNER'S authorized instructions to the Contrac- tor. 1.1.5.3 Make visits to the site of the construction to observe the progress and quality of the construction work and to determine, in general, if the results of the construction work are in general accordance with the Drawings and the Specifications. On the basis aftheir on-site observations as an ENGINEER, he shall endeavor to guard the OWNER against apparent defects and deficiencies in the permanent work constructed by the Contractor but does not guarantee the performance of the Contractor. The ENGINEER shall not be required to make exhaustive or continuous on-site observations to check the quality or quantify ofthe constnrction work. The ENGINEER is not responsible for construction means, methods, techniques, sequences or procedures, time of performance, programs, or for any safety precautions in connection with the construction work_ The ENGINEER is not responsible for the Contractor's failure to execute the work in accordance with the Construction Contract. 1.1.5.4 Review the Contractor's requests for progress payments, and based upon data or observation, advise the OWNER as to the ENGINEER'S opinion Of the extent of the work completed in accordance with the terms of the Construction Contract as of the date of the Contractor's payment request and issue, for processing by the OWNER, a Recommendation for Payment in the amount owed the Contractor. The issuance of Recommendation for Payment shall constitute an opinion by the ENGINEER to the OWNEi2 based on data or site observations, review and data accompanying the request for payment, that the Contractor's work has progressed to the point indicated; drat to the best of the ENGINEER'S knowledge, information and belief, the quality of the Contractor's work indicated, that to the best of the ENGINEER'S knowledge, information and belief, the quality of the Contractor's work is in general accordance with the Construction Contract Documents (subject to subsequent tests and review required by the Construction Contract Documents, to correction of minor deviations from the Construction Contract Documents and to qualifications stated in the Recommendation for Payment); and that the Contractor is entitled to the amount stated. The issuing of the Recommendation for Payment by the ENGINEER shall not represent that he has made any investigation to determine the uses made by the Contractor of sums paid to the Contractor. 1.I.5.5 Make recommendations to the OWNER on all claims relating to the execution and progress of the construction work. The ENGINEER'S decisions in matters relating to the ENGINEER'S design shall be final. 1-1.5.6 Notify the OWNER ofpermanent work which does not conform to the result required in the Construction Contract, prepare a written report describing any apparent non -conforming permanent work and make recommendations to the OWNER for its correction and, at the request of the OWNER, have recommendations implemented by the Contractor. OWNER: I 'Town of WappiiW DRAFT DATE: March a 2024 Q 1.1.5.7 Review shop drawings, samples, and other submittals of the Contractor only for general conformance to the design concept of the project and for general compliance with the Construction Contract only for the limited purpose ofchecking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all ofwhich remain the responsibility ofthe Contractor to the extent required by the Contract Documents. The ENGINEER's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the ENGINEER of construction means, methods, techniques, sequences or procedures. The ENGINEER'S approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the ENGINEER shall be entitled to rely upon such certification to establish that the materials, systems or equipment wili meet the performance criteria required by the Contract Documents 1.1.5.8 Prepare Final Quantity Adjustment Change Order for the OWNER'S approval. 1.1.5.9 Prepare statement of substantial completion for OWNERS approval. 1.15.I0 Conduct a construction progress review related to the Contractor's date of completion; receive written guarantees and related data assembled by the Contractor; and issue to the OWNER a Recommendation fbr Final Payment. 1.1.5-11 The ENGINEER shall not be responsible for the defects or omissions in the work result of the Contractors, or any Subcontractors, or any of the Contractor's or Subcontractor's employees, or that of any other persons or entities responsible for performing any ofthe work result as contained in the Construction Contract, 12 ADDITIONAL SERVICES The ENGINEER shall furnish or obtain from others, additional professional services in connection with this agreement, as set forth below. (Cross out those paragraphs that do not apply.) 1.2.1 Preparation of applications and supporting documents for government grants, loans, advances or payments. 122 Preparation of drawings from field measurements of existing construction when required for planning additions or alterations thereto. 1.2.3 Services due to changes in the scope of the Project or its design, including but not limited to, changes in size, complexity, schedule or character of construction. 1.2.4 Revising studies, reports, design documents, drawings or specifications which have previously been approved by the OWNER, or when such revisions are due to causes beyond the control ofthe ENGINEER. I2.5 Preparation of design documents for alternate bids or for out -of -sequence work requested by the OWNER. 1.2.6 Preparation ofdetailed renderings, exhibits or scale models for the Project. 1.2.7 Preparation oferrvironmental assessment statements and related services. 12.8 Providing special analysis ofthe OWNER'S needs such as owning and operating analysis, OWNER'S operating and maintenance manuals, OWNER'S special operating drawings or charts, and any other similar analysis. 1.2.9 Providing planning surveys, site evaluations and comparafive studies ofprospective sites. 1.2.10 Providing any type of field surveys for design purposes, "stake out" of the location of the work, and any other special field surveys. 1.2.1I Furnishing additional copies of reports and additional prints of Drawings and Specifications in excess of those stipulated in the Agreement. 1.2.12 Investigations involving detailed consideration of operations, maintenance and overhead expenses; the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals and valuations; detailed quantity surveys of material and labor; and material audits or inventories required by the OWNER. 1.2.13 Additional services when the Project involves more than one Construction Contract, or separate equipment contracts. 1.2.14 Preparing required Change Orders which are not within the scope of Article 1, "ENGfNEER'S SERVICES," paragraph 1.1. 1.2.15 Making a review of the Project prior to expiration of the guarantee period and repotting observed discrepancies under guarantees provided by the Construction Contract. 12.16 Preparing a set of reproducible record documents conforming to construction records provided to the ENGINEER by the Contractor during the construction process. 1.2.17 Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) defective or incomplete work ofthe Contractor, (3) prolongation of the initial Construction Contract time beyond the contract time, (4) acceleration of the work- schedule orkschedule involving services beyond established office working hours, and (5) the Contractor's default under Constriction Contract due to delinquency or insolvency. 12.18 Providing assistance in the initial start-up, testing, adjusting or balancing, or operation of equipment or systems, or training personnel for operation or maintenance of equipment or system. 12.19 Providing design services relating to future facilities, systems and equipment which are not intended to be constructed or operated as a part ofthe Project 1.220 Providing services as an expert witness for the OWNER in connection with litigation or other proceedings involving the Project. 1.221 Providing administrative and management services. 1.2.22 Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as described in Article 2, "OWNER'S RESPONSIBILITIES," excluding testing for and/or ofHazardous Waste & Asbestos Materials, 12.23 Providing Resident Project Representative services to give the OWNER more extensive on site representation during the Construction Phase. 1.224 Meetings and hearings required for the conduct ofthe project with the Owner or as otherwise requested by the Owner. Article 2. OWNER'S RESPONSIBILiT1ES The OWNER shall: 2.1 Provide to the ENGINEER all criteria, design and construction standards and full information as to the OWNER'S requirements for the Project. 2,2 Designate in writing a person authorized to act as the OWNER'S representative_ The OWNER or their representative shall receive and examine documents submitted by the FNGINCFR, interpret and define the OWNER'S policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of the ENGINEERS services. 2.3 Furnish to the ENGINEER a complete land survey of the Project site which shall include, but not be 1 imited to, service and utilities locations with depths and invert grades, easements, rights-of-way, contours, grades, streets, alleys, pavements, adjoining property, encroachments, zoning and deed restrictions, existing buildings, improvements and tree locations. 2.4 Furnish soils data, including but not limited to: reports, test borings, test pits, probings, subsurface exploration, soil bearing values, percolation tests, ground contusion and resistivity tests, all with appropriate professional interpretation. 2.5 Furnish laboratory tests, air and water pollution tests, reports and inspections of samples, materials or other items required by law or by governmental authorities having jurisdiction over this Project. OWNER: Town of Wavninger 4 DRAFT DATE: March 5, 2024 Q 2.6 Provide legal, accounting, and insurance counseling services necessary for the Project, legal review of the Construction Contract Documents, and such auditing services as the OWNER may require to account for expenditures of sums paid to the Contractor. 2.7 Fumishpennits and approvals from all governmental authorities having jurisdiction over this Project and from others as maybe necessary for completion of the Project, 2.8 Obtain bids or proposals from Contractors for work relating to this Project an d bear all costs relating thereto. 2.9 Protect and preserve all survey stakes and mark=ers placed at the Project site prior to the assumption of this responsibility by the Contractor and bear all costs.ofreplacing stakes or markers damaged or removed during said time interval. 2-10 Guarantee full and free access for the ENGINEFR to enter upon all property required for the performance of the ENGINEER'S services under this Agreement, 2.11 Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project or other event which may substantially affect the ENGINEER'S performance of services under this Agreement. 2.12 Compensate the ENGINEER for services rendered under this Agreement. 2-13 Famish an overall budget for the project, including all construction and all other costs. 2.14 Furnish the above services at the OWNER'S expense and in such manner that the ENGINEER may rely upon them in the performance oftheir services under this Agreement The ENGINEER shall perform or select the professionals required by the OWNER to perform those services under Sections 2.3, 2.4 and 2.5 but those professionals shall contract directly with the OWNER. Article 3. DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct labor costs incurred by the ENGINEER directly attributable to the Project by the payment of the actual salaries and wages plus .45 of said sum to cover all indirect labor expenses (i.e., social security, unemployment, holidays, vacation, retirement, insurance etc.). Article 4, REIMBURSABLE EXPENSES 4.1 Reimbursable Expenses are in addition to compensation to the ENGINEER for Basic and Additional Services and include expenditures made by the ENGINEER, their employees or their consuitants in dip, interest of the project. Reimbursable Expenses include, but are not limited to: 4.1.1 Expense of transportation, subsistence and lodging when traveling in connection with the ProjecL 4. i.2 Expense of telecommunications, messenger service, field office expenses, and fees paid for securing approval of authorities having jurisdiction over the Project 4,13 Expense of all reproduction, postage and handling of Drawings, Specifications, reports or other Project -related work product of the ENGINEER. 4-1.4 N/A 4.1.5 Expense of publications, library, equipment, etc- required for the project- Article roject Article 5 PAIrMENTS TO THE ENGINEER 5.1 Progress payments shall be made in proportion to services rendered and as indicated within this Agreement and shall be due and owing within thirty days of the ENGINEER'S submittal of their statement. Past due amounts owed shall include a charge at a rate of interest from the thirtieth day equal to J P Morvan Chase Bank prime plus two (2) per cent. 5.2 If the OWNER fails to make payments due the ENGINEER, the ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agreement 5.3 No deductions shall be made from the ENGINEER'S compensation on account of penalty, liquidated damages or other sums withheld from pats to Contractors. ymen 5.4 if the Project is delayed or if the ENGINEER'S services for the Project are delayed or suspended for more than three months for reasons beyond the ENGINEER'S control, the ENGINEER may, after giving seven days written notice to the OWNER, terminate this Agreement and the OWNER shall compensate the ENGINEER in accordance with the termination provision contained hereafter in this Agreement Artiele 6 GENERAL PROVISIONS 6.I Ownership of Documents Drawings, Specifications and other work product of the ENGINEER for this Project are instruments of service for this Project only and shall remain the property of the ENGINEER whether the Project is completed or not. Reuse of any of the instruments of service of the ENGINEER by the OWNER on extensions of this Project or on any other project without the written permission of the ENGINEER shall be at the OWNER'S risk and the OWNER agrees to defend, indemnify and hold harmless the ENGINEER from all claims, damages and expenses including attorneys' fees arising out of such unauthorized reuse of the ENGINEER'S instruments of service by the OWNER or by others acting through the OWNER. Any reuse or adaptation of the ENGINEER'S instruments of service occurring after the written agreement of the ENGINEER shall entitle the ENGINEER to further compensation in amounts to be agreed upon by the OWNER and the ENGINEER. 6.2 Delegation of Duties Neither the OWNER nor the ENGINEER shal l delegate their duties under this Agreement without the written consent of the other. OWNER; Towrt of Wappinger DRAFT DATE: March 5, 2024 O t71 O .Q Q O O O N O N O N N O U it O to t71 O O r- 0 O U 7E r— .2 Q t71 O O Q W O O N O co I- 4 et N O N t'n W t71 O O O O W O t71 m J +r O O E V Q 63 Termination This Agreement may be terminated by either party by seven days written notice in the event of substantial failure to perform in accordance, with the terms of this Agreementby the other parly through no fault of the terminating party. €f this Agreement is terminated, the ENGINEER shall be paid for services performed to the termination notice date including, Reimbursable Expenses due plus Termination Expenses_ Termination Expenses are defined as Reimbursable Expenses directly attributable to termination, plus 25% of the total compensation earned to the time of termination to account for ENGINEER'S rescheduling adjustments, reassignment ofpersonnel and related costs incurred due to termination. 6.4 Extent of Agreement This Agreement represents the entire and integrated agreement between tite OWNER and the ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement maybe amended only by written instrument signed by both the OWNER and the ENGINEER. 6.5 Governing Law Unless otherwise specified with this Agreement, this Agreement shall be governed by the law of the principal place of business of the ENGINEER - 6.6 General 6.6.1 Should litigation or arbitration occur between the two parties relating to the provisions of this Agreement, all litigation or arbitration expenses, collection expenses, witness fees, court costs and attorneys' fees incurred by the prevailing party shall be paid by the non -prevailing party to the prevailing party. 6.62 Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's employees and agents. 6.63 In tite event any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other parry. 6.6.4 The ENGINEER has not been retained or compensated to provide design and construction review services relating to the Contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for the Contractor to perform their work but not relating to the final or completed structure; omitted services include, but are not limited to, shoring, scaffolding, underpinning, temporary retainment of excavations and arty erection methods and temporary bracing. 6.6.5 The ENGINEER intends to render their services under this Agreement in accordance with generally accepted professional practices for the intended use of the Project and makes no warranty either express or implied. 6.6.6 Any Opinion of the probable Construction Cost prepared by the ENGINEER represents theirjudgment as a design professional and is supplied for the general guidance of the OWNER. Since the ENGINEER has no control over the cost of labor and material, or over competitive bidding or market conditions, the ENGINEER does not guarantee the accuracy of such Opinions as compared to Contractor bids or actual cost to the OWNER. 6.6.7 It is understood that this Agreement, may or may not contemplate the handling of, or design, including use of asbestos or any other material classified by New York State and/or the U_ S. Environmental Protection Agency as a hazardous waste. Where it is understood and greed that this Agreement does not contemplate the handling of or design, including use of asbestos or any hazardous waste material, the owner hereby agrees to hold harmless, defend and indemnify the ENGINEER for all claims, lawsuits, expenses or damages, arising from or related to, the handling, use, treatment, purchase, sale, storage or disposal of asbestos, asbestos products and/or any hazardous waste materials. Where it is understood and agreed that this Agreement contemplates the handling of., or design, including use of, asbestos or any hazardous waste material, the ENGINEER shall not be responsible for the safety measures on the job, including measures for the protection of employees, contractor(s), subcontractor(s) and/or the general public. Said responsibility shall rest solely upon the contractor. The owner agrees to hold harmless, defend and indemnify the ENGINEER from all claims, suits, expenses or damages arising from, or alleged to arise from exposure to and/or inhalation of asbestos or asbestos fibers and hazardous waste materials, except those arising from negligent acts, errors or omissions by the ENGINEER. Nothing in this Agreement shall impose any liability upon the ENGINEER, for claims, lawsuits, expenses or damages arising from or in any mariner related to exposure, handling, manufacture or disposal of asbestos, asbestos products and/or hazard waste materials in any of its various forms as defined by New York Stare and the U, S. Environmental Protection Agency_ 6.6.8 It is understood and agreed that ENGINEER shall not be responsible for any costs in excess of the Opinion of Probable Construction Costs referenced in paragraphs I.1.24 and 1. 13.2 of this Agreement. 6.6.9 Owner agrees not to hire or solicit for employment, for themselves or others, the ENGINEER's employee during the term of this agreement and for a period oftwo years thereafter. 6.6.10 Owner shall provide ENGINEER with written notice of any and all claims relating to ENGINEER's services within ten (10) days after the event giving rise to the claim. Said notice shall be deemed to be a condition precedent to any action or lawsuit to recover damages against ENGINEER, 6.6.11 Any and all claims, actions or lawsuits against ENGINEER arising out of the project or this Agreement must be brought in the Supreme Court, County of Albany within six (6) months of the last date that ENGINEER provides services under this Agreement, 6.6.12 Notwithstanding any statutory provision or other law, written notice of any and all claims arising out of this contract shall be served within one (1) year from the date of the alleged breach. Any and all actions arising out of such claims shall be filed within six (6) months from the date of said notice. 6.6.13 With specific respect to design requirements of the Americans with Disabilities Act of 1990 or certified state or local accessibility regulations (ADA), OWNER agrees to waive any action against ENGINEER and to indemnify and defend ENGINEER against any claim arising from ENGINEER's alleged failure to meet ALTA design requirements prescribed. OWNER understands that interpretation of ADA is a legal issue and not a design issue and, accordingly, retention of legal counsel for purposes of interposition is advisable. 6.6.14 Delivery of Electronic Files In accepting and utilizing any drawings, reports and data on any form of electronic media generated and provided by the ENGINEER the OWNER covenants and agrees that all such electronic files are instruments of service of the ENGiNEEIt who shall be deemed the author, and shall retain all common law, statutory law and other rights including copyrights. The OWNER agrees not to reuse these electronic files in whole or in part, for any purpose or project other than the project that is the subject of the Agreement The OWNER agrees not to transfer these electronic files to others without the prior written consent of the ENGINEER_ The OWNER further agrees to waive all claims against the ENGINEER resulting in any way from any unauthorized changes or reuse of the electronic files for any other project by anyone other than the ENGINEER_ OWNER: Town of Wappinger DRAFT DATE: March 5, 2024 00 ti CV 0 CV U) W fY >31 O �L O O O O W O >31 L CV m J O E U M Q The OWNER is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the ENGINEER'S and electronic files, the signed construction documents shall govern. In addition, the OWNER agrees to the fullest extent permitted by law to indemnify and hold the ENGINEER harmless from any damage, liability or cost including reasonable attorney's fees and costs ofdefense, arising from any changes made by anyone other than the ENGINEER or from any changes made by anyone other than the ENGINEER or from any reuse of tic electronic flies without the � prior written consent ofthe ENGINEER. .Q Q Article 7. SPECIAL PROVISIONS T1 Insurance and Indemnity 0 7.1.1 ENGINEER's Insurance - The ENGMER shall acquire and maintain statutory worker's compensation insurance coverage, employers liability, comprehensive general liability insurance coverage and professional liability insurance coverage _ O 7.1.2 Contractor's Insurance - Prior to the commencement of the work, the OWNER shall require the Contractor and any Subcontractors to submitevidence that he (they) have obtained, for the ofthe Construction ~ period Contract and the0 (includin corn ]eted o guarantee Period, comprehensive general liability insurance coverage g p operations coverage). This coverage shall provide for bodily injury and property damage arising directly or indirectly in = ~ out of, or connection wits, the performance of the wort: under the Construction Contract, and have a limit ofnot less than $ 500,000 for all damages arising out of bodily injury, sickness or death of one 0 person and an aggregate of $ 2,000,000 for damages arising out of bodily injury, sickness and death of twoor more persons in any one occurrence. The property damage portion will provide for a limit of not less than $500,000 for m all damages arising out of injury to or destruction of property of others; arising directly or indirectly out of or in connection with the performance ofthe work under the Construction Contract and in anyone occurrence including explosion, collapse 0 v and underground exposures. A limit of not less tban $],000,000 aggregate shall be provided Included in such coverage will be contractual coverage sufficiently broad to insure the provision ofparagraph 7.1.4 "Indemnity". The comprehensive general liability insurance will include as additional named insureds: the OWNER; the ENGINEER; 0 � _ and each oftheirofcers, agents and employees; and other persons with an insurable interest as may be designated by the Owner. 7.1.3 Builders Risk "All Risk" Insurance- Before commencement ofthe work, the OWNER will require that the Contractor submit written evidence that he has obtained for the period ofthe Construction Contract, "All 0 Builders Risk Risk" Completed Value insurance Coverage (including earthquake and flood) upon the entire Projectwhieh is the subject ofthe Construction Contract, Such insurance shall include 0 as additional named insureds: the OWNER; the ENGINEER; and each of their officers, agents, employees and any other persons with an insurable interest as maybe designated by the OWNER Such insurance may have a deductible clause but L) not to exceed $5,000, except that the earthquake deductible may be in accordance with generally accepted insurance practices in the locale where the coverage is issued. 0 7.IA Indemnity - The OWNER will require that any Contractor or Subcontractors, performing work in connection with Drawings and Specifications produced under this Agreement, to hold harmless, indemnify and defend the OWNER and Tice ENGINEER, their consultants, and each oftheir officers, agents, and employees from any and all liability claims, losses or damage arising out of or alleging to arise from the Contractor's (or Subc ontractors) negligence in the performance ofthe described 73 work in the Construction Contract Documents, but not including liability that may be due to the sole negligence ofthe OWNER, or the ENGINEER or their consultants, or their officers, agents and employees. Q 0) 7.2 Construction Cost 0 >, 7.2.1 Construction Cost, when used as the basis for determining the ENGINEER'S compensation, shall be defined as the total cost to the OWNER or the ENGINEER'S Opinion ofthe Construction Cost for all 0 Q construction designed or specified by the ENGINEER including the costs of labor, materials, equipment and specified furnishings, and cost of management of construction, but not including the ENGINEER'S E W or other consultant's co compensation and expenses, The cost of Land, rights-0f--way or easements, nor he OWNER'S R'S cost of legal, accounting, auditing or insurance counseling services,,orr interest and financing charges for the Project, "OWNER'S r— 0 nor other costslisted in Article 2 , RESPONSIBILITY." The Construction cost shall be determined as follows with precedence in the order listed: Ch +'+ 7.2.1. I For completed construction the costs to the OWNER of aE construction work performed. 7.2.1 2 For construction work not constructed, the lowest bona fide bid 0 O N 7.22 received from a qualified bidder. 7.2.1.3 For work for which bids are not received, ENGINEER'S latest Opinion ofthe Construction Cost. � Labor furnished by the OWNER for the Project construction shall be included in the Construction Cost at current market rates including a reasonable e allowance for overhead and profit Material and equipment furnished by the OWNER for the Project 7.2.3 shall be included in the Construction Cost current market prices, F.O.B. Project site, except that used material and equipment shall be included as if purehased new for tate Project. When a fixed limit ofConstruction Cost is established ti of as a condition ofthis Agreement, it shall be in wriling signed by both OWNER and ENGINEER and shall include a ten percent bidding contingency, unless another amount is agreed upon in wrkiiWhen such Fixed limit is established, the ENGINEER shalt be permitted to determine what materials, equipment component N N systems, types of construction and alternative bid items are to be included in the Construction Contract Documents, and to make reasonable adjustments in the scope of the Project to bring it within the fixed limit. (n W Acceptance by the OWNER of a revised Opinion of Construction Cost in excess ofthe fixed limit shall constitute a corresponding increase in the fixed limit of Construction Cost 7.2.4 After completion ofthe Construction Contract Documents Phase, if the Bidding or Negotiating Phase does not commence within six months, any fixed limitof the Construction Cost shall be adjusted to reflect general constwetion industry price level increases occurring between the date of ENGINEER'S submittal to the OWNER ofthe final Construction Contract Document and the date on which bids or are sought. L tU proposals tU 7.2.5 Ifthe lowest bona fide bid or the ENGINEER'S Opinion ofthe Construction Cast exceeds such fixed limit ofConstruction Cost (including the bidding contingency) established as a condition ofthis Agreement, the OWNER shall (1) give written approval for an increase in such fixed limit, (2) authorize r- = re-bidding within a reasonable time, or (3) cooperate in revising the Project scope and quality as required to reduce the Construction Cost. W 7.3 Resident Construction Review Services 0 0) 7.3.1 The ENGINEER shall provide one or more full time Resident Project Representatives to assist the ENGINEER in order to render more extensive representation at the project site during the Construction Phase. Such Resident Construction Review Services shall be for by 0 m J paid the OWNER as Additional Services as defined within this Agreement. The limits of the authority, duties and responsibilities of a Resident Project Representative shall be described before such services begin by written instruments labeled Exhibit A, attached to, 7.3.2 and made a part ofthis Agreement. By means of the more extensive on-site observations of dre work in progress, the ENGINEER will endeavor to provide further protection for the OWNER against defects and deficiencies in the Contractor's work, but the furnishing tU E of such services shall not include construction review of the U OWNER: _ Town of wapp nger Q 7 DRAFT DATE: March 5 2024 Packet Pg. 25 Contractor's construction means, methods, techniques, sequences or procedures, or of any safety precautions and programs in connection with die work", and the ENOMER shall not be responsible for the Contractor's failure to carry out the work in accordance with the Construction Contract. 7.4 Limitation of Liability To the fullest extent permitted by law, the OWNER agrees to limit the ENGINEER'S liability to the OWNER and to all Construction Contractors and Subcontractors on the project for any and all claims, losses, costs or damages ofany nature whatsoever arising out of, resulting from, or any way related to this Agreement due to the ENGINEER'S professional negligent acts, errors or omissions, breach of contract or warranty, express or implied, such that the total aggregate liability of the ENGINEER to those named shall not exceed ten thousand ($10,000) dollars or 50% of the ENGINEER'S total fee for services rendered on this project, whichever is the greater. 7.5 Miscellaneous (These provisions supersede previous Articles or provide additional information not included in previous Articles). 7.5.1 The OWNER'S Authorized Representative shall be the official who executes this Agreement. This Agreement executed the date and year written at the beginning of the Agreement. OWNER. Town of Wappinger 20 Middlebush Road ADDRESS FAOXEE12 - LASERGE ENGINEERING & CONSULTING GROUP, LTD 4 COMPUTER DRIVE WEST ADDRESS ALBANY NY 17205 CITY STATE ZIP OWNER: Town of Wappinger DRAFT DATE: March 5, 2024 CO ti N O N U) W fY a1 O �L W L m J O O E V M Q EXHIBIT A LIMITATIONS OF AUTHORITY, DITTIES AND RESPONSIBILITIES OF THE RESIDENT PROJECT REPRESENTATIVE A. The Resident Project Representative shall act under the direct supervision ofthe ENGINEER, shall be the ENGINEER'S agent in all matters relating to on-site construction review oftbe Contractods work, shall communicate only with the ENGINEER and the Contractor (or Contractors), and shall communicate with subcontractors only through the Contractor or their authorized superintendent. The OWNER shall communicate with the Resident Project Representative only through the ENGINEER E. The Resident Project Representative shall observe onsite construction activities of the Contractor relating to potions of the project designed and Specified by the ENGINEER as contained in the Construction Contract Documents. C. Specifically omitted from the Resident Project Representative's duties are any review of the Contractor's safety precautions, or the means, methods, sequences, or procedures required for lite Contractor to perform the work but not relating to the final or completed project. Omitted design or review services include, but are not limited to. shoring, scaffolding, underpinning, temporary retainment ofexcavations and any erection methods and temporary bracing. D. The specific duties and responsibilities ofthe Resident Project Representative are enumerated as follows: 1. Schedull . Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by the Contractor and consult with the ENGINEER concerning their acceptability. 2. Conferences: Attend pre -construction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with the ENGINEER and notify those expected to attend in advance. Attend meetings, and maintain and circulate copies of minutes thereof 3. Liaison: a Service as ENGINEER'S liaison with the Contractor, working principally through Contractor's superintendent and assistthem in understanding the intent of the Contract Documents. Assist the ENGINEER in serving as OWNER'S liaison with the Contractor when Contractor's operations effect OWNER'S on-site operations. b. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper execution ofthe work. C. Alert Contractor directly and through their superintendent, to the hazards involved in accepting or acting upon instructions from OWNER or others, except instructions transmitted through ENGINEER or themselves. 4. Shgo Drawings and Samples: a Receive and record date ofreceipt of Shop Drawings and samples, which have been reviewed by the ENGINEER. b. Receive samples which are famished at the site by the Contractor for ENGINEER'S review and notify ENGINEER of their availability for examination. c. Advise ENGINEER and Contractor or their superintendent immediately ofthe commencement of any work requiring a Shop Drawing or sample submission if the submission has not been reviewed by ENGINEER. 5. Review or ciecti n of De eciive Work Observations and Tests: a Conduct on-site observations of the work in progress to assist ENGINEER in determining that the project is proceeding in accordance with the Contract Documents and that completed work will conform to the requirements ofthe Contract Documents. b. Report to the ENGINEER whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the requirements ofthe Contract Documents, or does not meet the requirements of any review, tests or approval required to be made; and advise the ENGINEER when he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing or review. C. Review that tests, equipment and systems start-ups, and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that the Contractor maintains adequate records thereof; observe, record and report to the ENGINEER appropriate details relative to the test procedures and start-ups. d. Accompany visiting officials representing public or other agencies having jurisdiction over the project, record the outcome of these reviews and report to the ENGINEER. i. Int retation ofContract Documents: Transmit to the Contractor, the ENGINEER'S clarification and interpretations ofthe Contract Documents. 7. Modificatiarrs: Consider and evaluate the Contractor's suggestions for modiftcations in .Drawings or Specifications and report them with recommendations to the ENGINEER. 3. Records: Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and samples submissions, reproductions of original Contract Documents, including all addenda, change orders, field orders, additional Drawings issued subsequent to the execution ofthe Contract, ENGINEER'S clarifications and interpretations ofthe Contract Documents, progress reports and other project related documents. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list ofvisiting officials, dally activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to the ENGINEER. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of equipment and materials. 9- R_ epflrts: a. Furnish ENGINEER periodic reports as required ofprogress ofthe work and Contractor's compliance with the approved progress schedule and schedule of Shop Drawing submissions. b. Consult with ENGINEER in advance of scheduler) major tcsts, reviews or start of important phases ofthe work. 10. Payment R ui 'tions: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to the ENGINEER, noting particularly, their relation to the schedule of values, work completed and materials and equipment delivered at the site. IL Guarantees_ Certificates_ Maintenance & Operation Mannals: During the course of the work, review that guarantees, certificates, maintenance and operation manuals and other data required to be assembled and furnished by the Contractor are applicable to the items actually installed; and deliver this material to the ENGINEER for their review and forwarding to OWNER prior to final acceptance ofthe project. I2. Completion: OWNER: Town of Wirrger DRAFT DATE: March 5 2024 00 ti N O N UI W >31 �L O N W N >31 t7] J N E U Q FA Before the ENGINEER issues a Statement of Substantial Completion, submit to the Contractor a list of observed items requiring correction. Conduct final review in the company of ENGINEER OWNER and Contractor, and prepare a Canal list of items to be corrected and/or completed. Review that all items on final list have been corrected and make recommendations to the ENGINEER concerning acceptance. LIMITATION OF AUTHOR]TY Except upon written instructions of the ENGINE=ER, Resident Project Representative: I. Shall not authorize any deviation from the Contract Documents. 2. Shall not undertake any ofthe responsibilities of the Contractor, subcontractors or Contractor's superintendent. 3. Shall not expedite work for the Contractor. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. 5. Shall not advise on or issue directions as to safety precautions and programs in connection with the work. 6. Shall not authorize OWNER to occupy the project in whole or in part. 7. Shall not participate in specialized field or laboratory tests. Where it is understood and agreed that this Agreement contemplates the handling of or design, including use of, asbestos or any hazardous waste material, the ENGINEER shall not be responsible for the safety measures on the job, including measures for the protection of employees, contractor(s), subcontractor(s) and/or the general public. Said responsibility shall rest solely upon the contractor. The owner agrees to hold harmless, defend and indemnify the ENGINEER from all claims, suits, expenses or damages arising from, or alleged to arise from exposure to and/or inhalation of asbestos or asbestos fibers and hazardous waste materials, except those arising from negligent acts, errors or omissions by the ENG €NEER_ Nothing in this Agreement shall impose any liability upon the ENGINEER, for claims, lawsuits, expenses or damages arising from or in any manner related to exposure, handling, manufacture or disposal ofasbestos, asbestos products and/orhazard waste materials in any of its various forms as defined by New York State and the U. S. Environmental Protection Agency. 1:lMlrtglBusiness DevelopmentlGovemment OrganizationsWAWappinger - TownlGeneral ServiceslGeneral Services Agreement 03-05-24.docx 00 I` 4 N O N t'n W fL' >31 O �L W L m J O O E V OWIr : Town of WQpinger 10 Q DRAFT DATE: March 5, 2024 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-79 Meeting: 02/29/24 07:00 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6136 Resolution Authorizing Revocable License For Community Garden WHEREAS, the Town of Wappinger owns 99.5 acres of real property on Wheeler Hill Road known as Carnwath Farms Historic Site & Park, and WHEREAS, the Town prepared a comprehensive master plan for the development of Carnwath Farms, and WHEREAS, the TOWN has imposed a Conservation Easement on a portion of Carnwath Farms in accordance with the Grant from the Dutchess County Open Space and Farmland Protection Matching Grant funds, and WHEREAS, in 2020 the Town set aside a one acre site on Carnwath Farms for use as a community garden which is consistent with the plan for Carnwath and the Conservation Easement, and WHEREAS, N.Y. Agric. & Mkts. Law § 31-i permits at Town to establish a community garden on its surplus lands, and WHEREAS, the Town of Wappinger lacks sufficient personnel and resources to maintain the community garden at Carnwath Farms and it has remained untended and overgrown, and WHEREAS, in 2022, Courtney and Brian Kolb submitted a proposal to maintain the Community Garden site, and WHEREAS, the TOWN and the Kolbs agreed that a pilot program for maintenance of the Community Garden site for the 2022 and 2023 growing season was necessary to demonstrate the feasibility of a community garden and determine what crops would thrive on the property and found it was extremely successful, and WHEREAS, it is the intention of the Town Board to continue community farming at Carnwath Farms, and WHEREAS, the Town Board determines that the proposed action is a Type II action under SEAR, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby authorizes the Kolbs to use the community garden property in accordance with the terms of the license agreement annexed hereto. 2. This resolution and the license agreement may be modified by further resolution of the Town Board. Updated: 2/22/2024 9:03 AM by Joseph P. Paoloni Page 1 Resolution 2024-79 Meeting of February 29, 2024 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 2/22/2024 9:03 AM by Joseph P. Paoloni Page 2 REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT entered into this day of February, 2024 by and between TOWN OF WAPPINGER, a Municipal Corporation, with its principal office located at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 (hereinafter referred to as the "TOWN") and Brian Kolb and Courtney Kolb residing at 37 Old State Road Wappingers Falls, New York 12590 (hereinafter referred to as the "KOLB") WITNESSETH WHEREAS, the Town of Wappinger owns 99.5 acres of real property on Wheeler Hill Road known as Carnwath Farms Historic Site & Park; and WHEREAS, the Town prepared a comprehensive master plan for the development of Carnwath Farms; and WHEREAS, the TOWN has imposed a Conservation Easement on a portion of the Carnwath Estate in accordance with the Grant from the Dutchess County Open Space and Farmland Protection Matching Grant funds; and WHEREAS, in 2020 the Town set aside a one acre site on Carnwath Farms for use as a community garden which is consistent with the plan for Carnwath and the Conservation Easement, and WHEREAS, N.Y. Agric. & Mkts. Law § 31-i permits at Town to establish a community garden on its surplus lands; and WHEREAS, the Town of Wappinger lacks sufficient personnel and resources to maintain the community garden at Carnwath Farms and it has remained untended and overgrown; and WHEREAS, in 2022, KOLB submitted a proposal to maintain the Community Garden site; and WHEREAS, the TOWN and KOLB agreed that a pilot program for maintenance of the Community Garden site for the 2022 and 2023 growing season was necessary to demonstrate the feasibility of a community garden and determine what crops would thrive on the property; and WHEREAS, the TOWN and KOLB entered into a Revocable License Agreement on June 13, 2022: and WHEREAS, the Town Board determines that the proposed action is a Type 11 action under SEQR; NOW, THEREFORE, the TOWN and KOLB, mutually agree as follows: 1) Scope of License. The TOWN hereby gives and grants to the KOLB and the KOLB hereby accepts from the TOWN, a revocable license to operate, maintain and use a portion of Carnwath Farms as a Garden as further noted in Schedule A. 2) Initial Term; Revocation. This REVOCABLE LICENSE AGREEMENT shall commence on February 29, 2024 and shall expire on March 1, 2030. The TOWN may terminate this REVOCABLE LICENSE AGREEMENT upon 90 days written notice to KOLB. Said written notice shall be delivered by certified mail return receipt requested, or by a nationally recognized overnight delivery service company or by personal service to the KOLB at 37 Old State Road, Wappingers Falls, New York 12533. At the expiration of the ninety (90) days, the revocable license shall be deemed terminated and shall be of no further force and effect. During the ninety (90) day notice period, KOLB shall, at its own cost and expense, remove all of its personal property, belongings and equipment, as well as repair any and all damage to Carnwath Farms, if there be any. 3) Pilot Community Garden Agreement. The 2022 and 2023 Pilot program proved to be a great success. Feedback was given to better enhance the program which included expanding the site to be closer to parking areas at Carnwath Farms to be more accommodating to community farmers. 4) Compliance with Applicable Law. All equipment, structure and property authorized to be used pursuant to this REVOCABLE LICENSE AGREEMENT shall be used, operated, maintained and repaired so as to be in compliance with all applicable statutes, laws, ordinances, local laws, codes, rules and regulations of the Town of Wappinger or any other federal or state agency having jurisdiction thereof. 5) Insurance. KOLB shall take out and maintain during the life of this REVOCABLE LICENSE AGREEMENT such public liability and damage insurance as shall protect the TOWN and KOLB from claims for damages for personal injury including accidental death, as well as from claims for property damage, which may arise from operations under this REVOCABLE LICENSE AGREEMENT, and the amounts of such insurance shall be as follows: i) A single limit policy in the amount of at least $1,000,000.00 for the bodily injury and property damage liability claims, public liability insurance, blanket contractual liability, broad form property damage liability and fire legal liability. KOLB shall furnish a copy of the above-described insurance policy to the TOWN and shall also name the TOWN as the additional insured in said policy. 2 6) Indemnification. KOLB agrees that they will defend, indemnify and save harmless the TOWN from any and all suits, actions or causes of action of every kind, nature and description brought against the TOWN for or on account of any injuries or damages received or sustained by any parry or parties by or from the negligence of KOLB, its officers, members, contractors, agents, employees or invitees. 7) Notices. All notices required by this instrument must be in writing, and must be personally delivered or deposited in a mail receptacle maintained by the United States Postal Service. A mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class certified mail return receipt requested, with sufficient prepaid postage affixed and with return receipt requested. Notices to TOWN and KOLB shall be addressed to their respective addresses as set forth above, or to such other addresses as they may designate by notice given in accordance with this paragraph and to either of their attorneys as they may from time to time designate by notice given in accordance with this paragraph. Notice shall be deemed given and received as of the date of its personal delivery or the date of its mailing in accordance with this paragraph. 8) Clarification of License. The revocable license granted herein is: a) not a conveyance of real property; b) not intended to grant or convey to KOLB the exclusive use of the land in which the activities are to be conducted or located; c) subject to grants, conveyances, covenants and restrictions, easements and rights - of -ways heretofore made to others; and d) subject to the following rights, which the TOWN hereby reserves, unto itself: i) to use and enjoy the lands known as Carnwath Farms to be used in any manner that does not unreasonably interfere with the revocable license herein granted to KOLB; and ii) to grant and convey easements and right-of-ways to others over, across, under and through the lands within the boundaries of the property. 9) Expenses of Repair. KOLB shall at its own expense keep all licensed areas, including fencing and any permitted structures in good repair and operating order and furnish all necessary equipment to keep same in good repair and operating order. 10) Building and Construction. KOLB shall not cause any buildings or structures to be constructed or erected, unless specific approval therefor is granted by the Town for such construction. KOLB shall apply for and obtain required Building Permits for the construction of any structure authorized by the Town Board. 11) Maintenance. In exercising the rights herein granted, KOLB shall: a) repair any damage to the TOWN'S property; b) replace and restore all licensed grounds, materials and equipment to the same condition as existed as of the date of execution of this REVOCABLE LICENSE AGREEMENT; c) make appropriate provisions for drainage, water run-off and manure management from the property as approved by the TOWN; and d) at its own cost and expense, remove any snow required to be removed in order to provide access to all licensed structures, equipment and facilities. 12) Public Access/Community Garden. Public Access to the licensed may be restricted to protect growing crops. There shall be efforts made to allow for access points through the central meadow planting area for automobile parking, and pedestrian access. The TOWN reserves the right to promulgate rules and regulations with KOLB for the operation of a Community Garden. 13) Inspection. KOLB and its authorized agents and representatives shall have the right to enter the property upon reasonable notice to the TOWN, at such times during normal business hours and in such manner as will not unnecessarily interfere with the TOWN'S use of the property in accordance with this REVOCABLE LICENSE AGREEMENT, to examine and inspect the property to ensure there are no violations, breaches or defaults of any term, provision, covenant or obligation on KOLB's part to be observed or performed under this REVOCABLE LICENSE AGREEMENT. 14) Prohibited Uses and Practices. The following uses and practices are deemed inconsistent with Conservation Easement and with the purposes of this REVOCABLE LICENSE AGREEMENT and shall be prohibited upon or within the property: a) any non -farming, commercial, industrial or residential uses of the property; b) the growing of cannabis; c) the construction, erection, maintenance or replacement of any buildings, roads, roadways, signs (other than informational or directional signs), billboards, satellite dishes, fences, docks or other structures or improvements of any kind or nature whatsoever on or over the property, except solely the permitted improvements and rights set forth in the Conservation Easement; d) Disturbances of the property's topography, including, but not limited to, dredging, mining, filling, excavation, grading, removal of topsoil, sand, gravel, rocks or minerals, or changing the topography of the land in any manner except in accordance with typical farming practices. 15) Survival. The provisions of this REVOCABLE LICENSE AGREEMENT shall survive any termination by the TOWN of this REVOCABLE LICENSE M AGREEMENT. KOLB shall at all times hereinafter be bound by and shall comply with all of the provisions of this REVOCABLE LICENSE AGREEMENT. 16) Assignment Prohibited. KOLB shall not assign this REVOCABLE LICENSE AGREEMENT, or any of its rights, privilege or interest herein without the express, prior written consent of the TOWN. 17) Applicable Laws. This REVOCABLE LICENSE AGREEMENT shall be construed in accordance with the laws of the State of New York, and constitutes the complete understanding and REVOCABLE LICENSE AGREEMENT of the parties. 18) Modification. No change, modification, or waiver of any term of this Agreement shall be valid unless it is in writing and signed by both Parties. 19) Entire Agreement. This written REVOCABLE LICENSE AGREEMENT, when signed by both Parties, forms the REVOCABLE LICENSE AGREEMENT between the Parties and replaces and supersedes all prior Agreements or understandings between the Parties. 20) Waiver. No waiver of any breach of any condition of the REVOCABLE LICENSE AGREEMENT shall be binding unless in writing and signed by the party waiving such breach. No such waiver shall in any way affect any other term or condition of this REVOCABLE LICENSE AGREEMENT or constitute a cost or excuse for repetition of such or any other breach unless the waiver shall include the same. 21) Successors and Assigns. This REVOCABLE LICENSE AGREEMENT shall apply to and bind the successors and heirs, administrators and executors of the parties. 22) Construction. This REVOCABLE LICENSE AGREEMENT shall be governed by, and construed and enforced in accordance with, the laws of the State of New York and without the aid of any canon, custom or rule of law requiring construction against the draftsman. IN WITNESS WHEREOF, the parties have each executed this REVOCABLE LICENSE AGREEMENT and have caused their corporate seals to be affixed hereto the day and date first above written. TOWN OF WAPPINGER By: Joseph D. Cavaccini, Town Supervisor Brian Kolb Courtney Kolb Schedule A: Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-80 Meeting: 02/29/24 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6139 Resolution Accepting Resignation Of Motor Equipment Operator In The Highway Department WHEREAS, Blake Kessler in a letter dated February 12, 2024 has submitted his resignation as a Motor Equipment Operator for the Town of Wappinger Highway Department effective February 26, 2024. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby accepts the resignation of Blake Kessler as a Motor Equipment Operator for the Town of Wappinger Highway Department effective February 26, 2024. 3. The Town Comptroller, Jessica Servidio, is directed to compute any sums due to Blake Kessler by reason of any benefit time such as unused sick pay, vacation pay and personal time that may be owing to him pursuant to the Collective Bargaining Agreement between the Town and CSEA 6673 Town of Wappinger Highway Employees. RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 2/25/2024 2:02 PM by Joseph P. Paoloni Page 1 1, Blake Keesier, hereby resign from the position of MEC) for the Town of Wappinger as of February 26, 2024. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-81 Meeting: 02/29/24 07:00 PM Department: Town Clerk Category: Correspondence Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini Resolution Approving the Correspondence Log DOC ID: 6132 Correspondence Lo - 2 24-02-2 Number To From Date Date Ree" I Re: Agenda Date 82-29-001 Town Board Heather L. Kitchen 21112.824 2J8/20241Town Justice Monthly Report JanuaFy 2824 1 2126120124 02-29-01012 Town Board Nicholas Meselli 21112.824 21812.0124 Town Justice Monthly Re ort January 2824 2126120124 NOW THEREFORE LET IT BE RESOLVED, that the letters and communications itemized are hereby accepted and placed on file in the Office of the Town Clerk. RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 2/27/2024 12:33 AM by Joseph P. Paoloni Page 1 'FOWN OI.-'1VMIPING,,Fft I�thn.iwy 1", 2024 slqwrviOr Cftvawi;iyli Will, Town, Bk=� Tmm a wvpwosa MH �10 Muddl'Am.di jUaij %WOWM NY M10") R(,,Pmtiv,�,r I.. linti re Momll:Ey Repur.t, !,raring iry ?"aZI [)rmrSilperk,0).r (!awomIni Of diel"bW17, rloujl�, '7'hu i� a relym, ardm� OAICN,cLlxp��I ofthlit4ig lhe itumidarld'I'mitmy 2MM, wed CA 25 llffud Lava e0ex"u"d ill fiines find fum. W9 VdkW MW DIM LnRA, 1117wlflom rusPOins in 5?—,IJRIIXI CoUe"'ed rll, Gink* R"A Ry's, 17 irwUets ruiuidtgjll$ 199.Q0 cohmeA hP fam� IiIAMV MuRiGy, im, so'(0, MkNIM jo, filw,,; clow -raj no4mtip' Lyra, Imium Moog A "AD whum im Am%. MA hmimbp immum mshilging um SKYWO, 5a Rim I Nw bmww a MUM mmim AA,S'U40i Vv jowph hwkmi, Town Out INNM KA 014 L 4 We 'Mur'r FAX VPldp.W-! I& VDIU-mr HI)ORS. T—MIMMI, ne I�thn.iwy 1", 2024 slqwrviOr Cftvawi;iyli Will, Town, Bk=� Tmm a wvpwosa MH �10 Muddl'Am.di jUaij %WOWM NY M10") R(,,Pmtiv,�,r I.. linti re Momll:Ey Repur.t, !,raring iry ?"aZI [)rmrSilperk,0).r (!awomIni Of diel"bW17, rloujl�, '7'hu i� a relym, ardm� OAICN,cLlxp��I ofthlit4ig lhe itumidarld'I'mitmy 2MM, wed CA 25 llffud Lava e0ex"u"d ill fiines find fum. W9 VdkW MW DIM LnRA, 1117wlflom rusPOins in 5?—,IJRIIXI CoUe"'ed rll, Gink* R"A Ry's, 17 irwUets ruiuidtgjll$ 199.Q0 cohmeA hP fam� IiIAMV MuRiGy, im, so'(0, MkNIM jo, filw,,; clow -raj no4mtip' Lyra, Imium Moog A "AD whum im Am%. MA hmimbp immum mshilging um SKYWO, 5a Rim I Nw bmww a MUM mmim AA,S'U40i Vv jowph hwkmi, Town Out C Irw^AMU �Pll eol eo q6 PAX a.Tn R � , l Tl,. p!ns Sl BDard '1° HAI] ,'O WapjAqrr5, NY 12590 1,%donuUy Pjzpurt,,f,,rAau-an, 2024 Dv,-,vr sup raiwa;ar aJjyj NICIZI ha."� iA� 11112 1 OW1 NAM; ThQ C.Mrminjg i� as ozporl Pf Owcmcs dLqAmtd ofdPwi!na Ow rullilh 0�'RmUllty 2,024; Nlflilt LAW 001AUCTS MiUldfio'g, in S l,'2,9, 0 vxp'% jcftad ,11 lillvl� lull At s, Whi0v. R�04, 7 I.,'ivil lwAtNts Lmflkimg in. D50.0 tdHco:cXI Im ken. I five kwAroga a clwek ma lho kami u, I 94mingur (lopIpIro�211ce. [ft AdAdon, I am b-MB!M,,62H)O in pvuvdhj� bmL "v Nkholas 'Aam4i, 'T�Pwfl hi.1fice cc-, jowph, PaclLpid , 'Umm ('10A. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2024-71 Meeting: 02/29/24 07:00 PM Department: Town Clerk Category: Bonding Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6124 Resolution Accepting Undertaking Secured By Decommissioning Bond In Connection With Old Myers NY LLC WHEREAS, Old Myers NY, LLC ("Owner") is the owner of a 38.09 acre parcel of real property located at 22 Old Myers Corners Road in the Town of Wappinger designated as Tax Parcel 135689-6258-03-376432 (the "Property"), and WHEREAS, the Owner has entered into an agreement with the Town of Wappinger whereby the owner agrees to completed decommissioning in accordance with the Decomissioning and Site Restoration Plan dated March 2023, and WHEREAS, the Owner has delivered to the Town a surety bond from Harco National Insurance Company, an Illinois corporation duly authorized under the laws of the State of New York, in the amount of $81,030.00 as security for the restoration of the property and the decommissioning of the solar farm, and WHEREAS, the terms of the Undertaking and the bond authorize the Town of Wappinger to draw against the aforementioned Decommissioning Bond in the event the Owner does not receive site plan approval and the project site is not restored in accordance with the terms of the Undertaking. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby determines that the Surety Bond of Harco National Insurance Company in the amount of $81,030.00 (the "Bond") is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Owner does not fulfill its obligations as provided in the Undertaking. 2. The Town Board hereby accepts (the "Bond") in the total sum of $81,030.00, as security for the faithful performance for the completion of the obligations set forth in the Undertaking. 3. The Town Clerk is directed to file the bond in his office until such time as the Bond is called upon or returned. HISTORY: 02/12/24 Town Board TABLED RESULT: TABLED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Next: 02/29/24 Next: 3/11/2024 7:00 PM Updated: 2/5/2024 2:16 PM by Joseph P. Paoloni Page 1 Bond No. 0848271 LUT, __ -odes ER ed DECoAMSSIONING BOND e ger KNOW ALL BY THESE PRESENTS: That we, Old Myers NY LLC as Principal, and, Natio M National Insurance Company an Illinois corporation duly authorized uncle 1AS '11taa � of New York as Surety, are held and firmly bound unto Town of Wappinge , as O V& tmaximum aggregate penal sum. of Eighty One Thousand Thirty Dollar and 00/100 ($$1,030.00 lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators anal assigns, jointly and severally, frmily by these presents. Surety is authorized to do business in the State of New York by virtue of the attached State of New York Department of Financial Services License. THE CONDITION OF THE OBLIGATION IS SUCH THAT: Whereas, the Principal and Obligee have entered into an agreement whereby principal agrees to complete decommissioning in accordance with the Decomissioning & Site Restoration Plan, which said agreement, dated March 2023, is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of the decommissioning referred to in said agreement. Now, Therefore, the condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all thing stand to and abide by, and well and truly keep and perform the decommissioning provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Provided further, that if the Principal fails to respond to the Obligee's notice of default or fails to perform its Decommissioning responsibilities as outlined in said agreement the Surety shall promptly and at the Surety's election and expense take one of the following actions: 1. Arrange for the Principal, with consent of the Obligee, to perform and complete the Decommissioning; or 2. Undertake to perform and complete the Decommissioning itself though its agents or through independent contractors; or 3. Waive its right to perform the Decommissioning and forfeit the full bond penalty to the Obligee. The surety may cancel this bond at any time by giving the Obligee sixty (60) days written notice of its desire to be relieved of Liability. Should the Principal fail to provide a replacement bond or alternate financial assurance acceptable to the Obligee within thirty (30) days of the receipt by the Obligee of the Notice of Cancellation, the surety may choose to reinstate this bond, otherwise the Surety will be in default and shall forfeit the full- Penal Sun of this Bond to Obligee. ti N 0 N U) W Bond No. 0848271 Nonpayment of the premiums associated with. this Bond will not invalidate this Bond nor shall Obligee be obligated for the payment thereof. The liability of the Surety under this bond and all continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. IN WITNESS WHEREOF, the signature of said Principal is hereto affixed and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact, this 14' day of December, 2023. Old Myers NY LLC f By: # , Harco National Insurance Company By:� Cathombs, Attomey-in-Fact N O N co W POKIER OF ATTORNEY Bond# 0848271 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL, FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint KELLY M. NIEMELA, CATHY COMBS, JAIMIE KANGAS, STEFAN K. ENGELHARDT, BRAD MAPES, EMILY NAGEL, MICHAEL MERTZ, ELIZABETH HARMON, KARL CHOLTUS, ALLISON THORNHILL, SARAH HARREN Portland, OR their true and [awful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all "intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCG- NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. 'RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attomey, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,- recogn'rzances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with autthority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attomey or cert cation given for the execution of any bond, undertaking, recognizance, contract of Indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2022 €` STATE OF NEW JERSEY STATE OF ILLINOIS t?- Vis .#.° County of Essex County of Cook SEAL y SF LD 084 Kenneth Chapman _ Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31 st day of December, 2022 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. "�k� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, g"Gp55 a :?��'' New Jersey the day and year first above written. NOTARY a =`z PUBLICtp Cathy Cruz a Notary Public of New Jersey FNENN I+My Commission Expires April 16, 2024 CERTIFICATION 1, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attomey and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office o° said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, December 14, 2023 A01028 Irene Martins, Assistant Secretary Packet Pg. 46 ti N O N to W CL' O O m O O E E O U O d O E U M Q Mate of New York DEPARTMENT OF FINANCIAL SERVICES WHEREAS IT APPEARS THAT Harco National Insurance Company Home Office Address Rolling Meadows, Illinois Organized under the Laws of Illinois has complied with the necessary requirements of or pursuant to law, it is hereby licensed to do within this State the business of fire, miscellaneous property, water damage, burglary and theft, glass, boiler and machinery, elevator, collision, personal injury liability, property damage liability, workers' compensation and employers' liability, fidelity and surety, credit, motor vehicle and aircraft physical damage, marine and inland marine and marine protection and indemnity insurance, as specified in paragraph(s) 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 19, 20 and 21 of Section 1113(a) of the New York Insurance Law and also such workers' compensation insurance as may be incident to coverages contemplated under paragraphs 20 and 21 of Section 1113(a), including insurances described in the Longshoremen`s and Harbor Workers' Compensation Act (Public Law No. 803, 69 Cong. as amended; 33 USC Section 901 et seq. as amended) to the extent permitted by certified copy of its charter document on file in this Department until July 1, 2024. in Witness Whereof, I have hereunto set •i O R K s it . my hand and affixed the official seal of this Department at the City of Albany, New York, this * ; �4�, i 1st day of July, 2023 Adrienne A. Harris Superintendent i R ... ?�, A , By F1 CELT -L ' 'V�kkyytl [- AI bL3L[[`l.�y, r_��5c Fy11'1N" � IZawle Lewis Acting Special Deputy Superintendent Original on Watermarked Paper Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-82 Meeting: 02/29/24 07:00 PM Department: Town Clerk Category: Local Law Intro Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6140 Resolution Introducing Local Law 1 of 2024 And Providing For Public Notice And Hearing BE IT RESOLVED, Introductory Local Law # 1 of the year 2024 before the Town Board of the Town of Wappinger in the County of Dutchess and State of New York entitled, "A Local Law Regulating For An Interim Period, The Receipt, Processing And Approval Of Applications For Subdivisions Greater Than Three Lots And Applications For Multi -Family Residential Development Within The Town Of Wappinger" ("Interim Development Law") is hereby introduced, and BE IT FURTHER RESOLVED, that copies of the aforesaid proposed Interim Development Law, which is attached hereto, be laid upon the desk of each member of the Board, and BE IT FURTHER RESOLVED, that the Town Board will hold a public hearing on said proposed Interim Development Law at the Town Hall, in the Town of Wappinger, New York at 7:00 P.M. on March 11, 2024, and BE IT FURTHER RESOLVED, that the Town Clerk publish or cause to be published a public notice in the official newspaper of the Town of Wappinger of said public hearing at least five (5) days prior thereto. BE IT FURTHER RESOLVED, that the Town Clerk cause a copy of Interim Development Law said Local Law be sent to the Dutchess County Department of Planning in accordance with the applicable provisions of Section 239 of the General Municipal Law at least 10 days prior thereto. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 2/27/2024 12:37 AM by Joseph P. Paoloni Page 1 TOWN OF WAPPINGER NOTICE OF HEARING A LOCAL LAW REGULATING FOR AN INTERIM PERIOD, THE RECEIPT, PROCESSING, AND APPROVAL OF APPLICATIONS FOR SUBDIVISIONS GREATER THAN THREE LOTS AND APPLICATIONS FOR MULTI -FAMILY RESIDENTIAL DEVELOPMENT WITHIN THE TOWN OF WAPPINGER PUBLIC NOTICE is hereby given that there has been introduced before the Town Board of the Town of Wappinger, New York, on February 29, 2024 a local law entitled, "A Local Law Regulating For An Interim Period, The Receipt, Processing And Approval Of Applications For Subdivisions Greater Than Three Lots And Applications For Multi -Family Residential Development Within The Town Of Wappinger" ("Interim Development Law") which will, for a period of eighteen (18) months, prohibit the receipt, processing and approval of applications for residential subdivisions greater than three lots and applications for multifamily housing for an interim period while the Town Board reviews its existing comprehensive plan for amendments, updates, and revisions, and potential revisions to the zoning code related thereto. NOW THEREFORE, pursuant to Section 20 of the Municipal Home Rule Law, the Town Board of the Town of Wappinger, New York will hold a public hearing on the aforesaid Interim Development Law at Town Hall, 20 Middlebush Road, Wappinger, New York, on March 11, 2024, at 7:00 p.m. in the evening of that day at which time all persons interested therein shall be heard. The Town Board will make every effort to assure that the hearing is accessible to persons with disabilities. Anyone requiring special assistance and/or reasonable accommodations should contact the Town Clerk. Dated: February 29, 2024 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI, TOWN CLERK TOWN OF WAPPINGER Local Law No. 1 of 2024 A LOCAL LAW REGULATING FOR AN INTERIM PERIOD, THE RECEIPT, PROCESSING, AND APPROVAL OF APPLICATIONS FOR SUBDIVISIONS GREATER THAN THREE LOTS AND APPLICATIONS FOR MULTI -FAMILY RESIDENTIAL DEVELOPMENT WITHIN THE TOWN OF WAPPINGER. Section I TITLE This Local Law shall be known and may be cited as the Interim Development Law of the Town of Wappinger. Section II LEGISLATIVE INTENT AND FINDINGS OF FACT A. Background. The Town of Wappinger, Dutchess County, New York (the "Town") is concerned about land use and development trends in the county and region and the standards contained in the Town's current development regulations. The Town, simultaneously herewith, will be re- evaluating and updating its comprehensive master plan which was last amended in 2010 and its zoning code which contains multiple issues and contradictions that the Town believes are necessary to fix. Additionally, the Town is concerned about its ability to supply potable water from its existing water supply system to its existing residents and to new development projects and has similar concerns about the capability to supply sewer service. The existing sewage treatment plant, Tri -Municipal Plant located in the Town of Poughkeepsie requires significant upgrades and is currently operating under a Consent Order of the New York State Department of Environmental Conservation. For this purpose, the Town will need to conduct research, studies, and surveys, informational meetings and public hearings which will lead to the creation and adoption of a new comprehensive plan and amendments to the zoning code and subdivision regulations of the Town to implement such plan. B. Legislative Findings of Fact. The Town Board of the Town of Wappinger (the "Town Board") does hereby find that, pending the completion of the research, studies, surveys, informational meetings, public hearings and other actions incident to proper consideration and decisions to update the comprehensive master plan and revisions and make amendments of the Town Zoning Code and subdivision regulations, appropriate measures must be taken for a reasonable interim period to protect the public interest. The Town Board also finds that the further review and approval of significant new development when an updated comprehensive plan may recommend changes in the existing zoning code may destroy the integrity of the comprehensive plan and the amendments' basic purposes, comprehensive aspects and intentions. Section III SCOPE OF CONTROLS During the effective period of this law and effective as provided herein: The Planning Board shall not accept, review, or grant, nor shall any other board, department, or agency of the Town accept, review, or grant, any application for approval of a subdivisions creating greater than three lots (including the existing lot) and/or/or together with applications for or including new multi -family residential development, unless a complete application has been filed and a negative declaration and/or Final Environmental Impact Statement has been approved. Section IV APPEALS PROVISIONS A. The Town Board shall have the power to vary or modify the application of any provision of this Local Law upon its determination, in its absolute legislative discretion, that such variance or modification is consistent with the spirit of the intended master plan and prospective zoning code amendments upon which this local law is based and with the health, safety and general welfare of the Town, and upon finding that the application of the provisions of this local law to a specific property will cause undue economic hardship and that such hardship is unique to that specific property. B. Upon receiving any application for such variance or modification, the Town Board shall refer such application to the Planning Board for a report of said Planning Board with respect to the effect of the prospective variance or modification upon the intended comprehensive plan. To expedite the appeal, the Town clerk shall forward, within forty-eight (48) hours after receipt of same, all applications for relief to the Planning Board for its report. Such report shall be returned by the Planning Board to the Town Board within thirty (30) days of such reference and shall be placed on the next agenda of the Town Board for a determination after expiration of said thirty -day period or receipt of a report from the Planning Board, whichever is earlier. The granting of an appeal for relief by the Town Board shall authorize and permit the Planning Board to accept, review, consider, and otherwise act. C. In deciding on a proposed exemption or grant of relief from application of the moratorium, the Town Board may obtain and consider reports and information from any source it deems to be helpful with review of said application. D. A grant of relief from application of the moratorium shall include a determination of unreasonable hardship upon the property owner (or if there are multiple property owners, a determination that each such owner shall suffer an unreasonable hardship) which is unique to the property owner(s), a finding that there are sufficient existing regulations to adequately govern the application for which a hardship waiver is being requested, and a finding that the grant of an exemption will be in harmony with, and will be consistent with the existing Town of Wappinger Zoning Ordinance and the recommendations of the Comprehensive Plan as such may exist. E. An application for relief from the prohibitions of the moratorium shall be accompanied by a fee as set forth by resolution of the Town Board, together with the applicant's written undertaking, in a form to be approved by the Attorney for the Town, to pay all of the expenses of the Town Board and any agent or consultant retained by the Town Board to evaluate and consider the merits of such application, including but not limited to any fees incurred by the Town for services provided by the Attorney for the Town. Section V PENALTIES A. Any person, firm, entity, or corporation that shall violate any of the provisions of this local law shall be subject to penalties as otherwise provided by law or ordinance of the Town of Wappinger for violation of provisions of Chapter 240 of the Town Code (Zoning). B. Additionally, failure to comply with any of the provisions of this Local Law shall be an unclassified misdemeanor as contemplated by Article 10 and Section 80.05 of the New York State Penal Law, and, upon conviction thereof, shall be punishable by a fine of not more than One Thousand Dollars ($1,000) or imprisonment for not more than 10 days, or both for the first offense. Any subsequent offense within a three-month period shall be punishable by a fine of not more than Two Thousand Dollars ($2,000) or imprisonment for a period of not more than 30 days, or both. For purposes of this Clause A., each day that a violation of this Local Law exists shall constitute a separate and distinct offense. C. Compliance with this Local Law may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction, in an action brought on behalf of the Town by the Town Board. D. In the event the Town is required to take legal action to enforce this Local Law, the violator will be responsible for any and all costs incurred by the Town relative thereto, including attorney's fees, and such amount shall be determined and assessed by the court. If such expense is not paid in full within 30 days from the date it is determined and assessed by the Court, such expense shall be charged to the property(ies) within the Town on which the violation occurred, by including such expense in the next annual Town tax levy against such property, and such expense shall be a lien upon such property until paid. Section VI APPLICATION This law shall apply to subdivisions greater than three lots (including the lot to be subdivided) and new multi -family residential developments within the Town of Wappinger. Section VII VALIDITY The invalidity of any word, section, clause, paragraph, sentence, part or provision of this local law shall not affect the validity of any other part of this local law which shall be given effect without such invalid part or parts. Section VIII EXEMPTION This local law shall not apply to the following: (1) subdivisions that create less than three parcels including the existing parcel; (2) to the premises which are the subject of the case 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, Index Number 2023-51732; (3) to the premises which are the subject of the case In the Matter of the Application of Dakota Partners, Inc., Diamond Properties LLC and DP 123 v. The Town of Wappinger Zoning Board of Appeals, Index No. 2024-50198; (4) to the premises which are the subject of the case Downey Energy and Northeast 40, LLC v. Town of Wappinger, Planning Board of the Town of Wappinger, Bruce Flower, Ralph Marinaccio, Robert Ceru, Markos Peratikos, Paul Freno, Nicholas Maselli, The Town Board of the Town of Wappinger and `John Does and Jane Does 1-15 ", Index Number 2022-51174; (5) those projects currently before the Boards of the Town of Wappinger that have a Negative Declaration under SEQRA or an approved Final Environmental Impact Statement; and (6) the issuance of building permits. Section IX REPEAL OF OTHER LAWS A. To the extent that any provisions of this local law are in conflict with or are construed as inconsistent with the provisions of the New York State Town Law or any local ordinance, law, or regulation, this local law supersedes, amends, and takes precedence over the Town Law and such local ordinances, laws or regulations, pursuant to the Town's municipal home rule powers pursuant to Municipal Home Rule Law § 10 and § 22 to supersede any inconsistent authority. B. Pursuant to the same powers, and without limiting the generality of the foregoing, this local law, during the duration of time that this law is in effect, supersedes the following: (1) The provisions contained in Article 8 of the Environmental Conservation Law (known as the State Environmental Quality Review Act) and the regulations thereunder to the extent that such provisions require that an agency determine the environmental significance of an application within certain specified timeframes; (2) The provisions of Town Law § 267 and § 267-a through c, pertaining to the variance authority of the board of zoning and appeals. (3) The provisions of Town Law, Article 16, Section 276(5)(d)(iii): Decision. The planning board shall approve, with or without modification, or disapprove such preliminary plat as follows: (1) If the planning board determines that the preparation of an environmental impact statement on the preliminary plat is not required such board shall make its decision within sixty-two days after the close of the public hearing; or (2) If the planning board determines that an environmental impact statement is required, and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within forty-five days following the close of such public hearing in accordance with the provisions of the state environmental quality review act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within forty-five days following the close of the public hearing on the preliminary plat. Within thirty days of the filing of such final environmental impact statement, the planning board shall issue findings on the final environmental impact statement and make its decision on the preliminary plat. (4) The provisions of Town Law, Article 16, Section 276(5)(e)(iii): Decision. The planning board shall by resolution approve with or without modification or disapprove the preliminary plat as follows: (1) If the preparation of an environmental impact statement on the preliminary plat is not required, the planning board shall make its decision within sixty- two days after the close of the public hearing on the preliminary plat. (2) If an environmental impact statement is required, the planning board shall make its own findings and its decision on the preliminary plat within sixty-two days after the close of the public hearing on such preliminary plat or within thirty days of the adoption of findings by the lead agency, whichever period is longer. (5) The provisions of Town Law, Article 16, Section 276(8): Default approval of preliminary or final plat. The time periods prescribed herein within which a planning board must take action on a preliminary plat or a final plat are specifically intended to provide the planning board and the public adequate time for review and to minimize delays in the processing of subdivision applications. Such periods may be extended only by mutual consent of the owner and the planning board. In the event a planning board fails to take action on a preliminary plat or a final plat within the time prescribed therefor after completion of all requirements under the state environmental quality review act, or within such extended period as may have been established by the mutual consent of the owner and the planning board, such preliminary or final plat shall be deemed granted approval. The certificate of the town clerk as to the date of submission of the preliminary or final plat and the failure of the planning board to take action within the prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required. (6) Any other additional inconsistent provisions of Town Law, Article 16, including but not necessarily limited to, Sections 264, 265, 274-a, 276, 277, 278, and 279. Section X. DEFAULT APPROVAL Notwithstanding any provision of Town Law to the contrary, and specifically based upon the supersession of the Town Law Sections 276(5)(d), 276(5)(e) and 276(8) recited in Section IX(B)(3), (4), and (5) above, during the period that this local law, or any extension thereof, is in effect, in reviewing subdivision applications as may be permitted by this local law, the failure of the planning board to take action upon any application for approval of a preliminary or final subdivision plat application shall not be deemed an approval of such application and the town clerk shall not issue a certificate of approval therefor. Section XI. VALIDITY AND SEVERABILITY If any part or provision of this local law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstance, and the Town Board of the Town of Kent hereby declares that it would have passed this local law or the remainder thereof had such invalid application or invalid provision been apparent. Section XII. EFFECTIVE DATE This local law shall take effect immediately, as provided by law, and shall remain in force for a consecutive period of eighteen (18) months from its effective date, unless extended by local law adopted after public hearing upon no less than ten (10) days' notice published in the official newspaper of the Town of Wappinger. BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-83 Meeting: 02/29/24 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6142 Resolution Accepting Resignation Of Personnel Assistant In The Comptroller's Office WHEREAS, Nicole A. Wilkinson in a letter dated February 29, 2024 has submitted her resignation as a Personnel Assistant for the Town of Wappinger Comptroller's Office effective February 23, 2024. NOW, THEREFORE, BE IT RESOLVED, as follows; The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby accepts the resignation of Nicole A. Wilkinson as a Personnel Assistant for the Town of Wappinger Comptroller's Office effective February 23, 2024. 3. The Town Comptroller, Jessica Servidio, is directed to compute any sums due to Nicole A. Wilkinson. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 3/l/2024 10:42 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-84 Meeting: 02/29/24 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Councilman William H. Beale DOC ID: 6141 Resolution Confirming Hiring Of Personnel Administrator WHEREAS, due to the resignation of Nicole A. Wilkinson, a vacancy exists in the position of Personnel Administrator in the Comptroller's Office, and WHEREAS, the Town Board has identified the need for an employee to perform Human Resources clerical duties such as payroll, filling paperwork with Dutchess County Human Resources, handing healthcare and retirement information, and other related tasks as assigned, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby confirms the hiring of Taryn Riley to the position of Personnel Administrator, and NOW THEREFORE, BE IT FURTHER RESOLVED, that Taryn Riley shall be paid a salary of $85,000.00, with three (3) weeks vacation time which shall be paid out of budget line A.1315 Budget. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 3/l/2024 10:41 AM by Joseph P. Paoloni Page 1 Town of Wappinger Meeting: 02/29/24 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2024-85 Doc ID: 6143 Resolution Authorizing Payment Of Attorneys Fees Pursuant To Court Order NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the payment of $6,293.83 in connection with the Decision in certain matter referenced as Dutchess County Index No; 2023- 51732. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 3/l/2024 10:43 AM by Joseph P. Paoloni Page 1