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2024-03-11
Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofw a p p i ng a rny. g ov Joseph Paoloni (845)297-5772 Monday, March 11, 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 Absent 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 2:00 PM Salute to the Flag and Invocation by Calvary Chapel Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 2. Motion To: Acknowledge Minutes of February 29, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina IV. Public Hearings Local Law 1 of 2024 Marcy Wagman rose to address the board. She supports the law and added that many things will need to change, i.e. government size, roads, water, sewer, etc... Town of Wappinger Page I Printed 3/21/2024 Regular Meeting Minutes March 11, 2024 Grace Martin supports the law citing all the items that have been spoken of. Non-resident and real estate professional, John Gabriel, opposes the moratorium stating that we don't need McMansions but need more diversification and mixed use with a few MORE retail stores. He added that families need to have their grown children live close within the Town with below market priced residences. RESULT: CLOSED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 2. Marcy Wagman Presentation 3. Motion To: Close Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina V. Public Portion 1. Motion To: Open Public Portion Grace Martin thanked the business that supported the seniors program. Matthew Dor spoke on the development and the traffic that it creates with one lane each way. Morgan Angelo applauded the pickleball courts and opposed the people that are abusing it from out of town. Jon Denardo subborts the moratorium. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 2. Motion To: Close Public Portion Town of Wappinger Page 2 Printed 3/21/2024 Regular Meeting Minutes March 11, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina VI. Discussions 1. Presentation by Arcadia Cedar Hills LLC per Stipulation Ken Stenger, the attorney for a new development off of Cedar Hill and Old Hopewell road, addressed the board, emphasizing the recent reinstatement of a section of code that was removed via Local Law 1 of 2023 at the January 23, 2023 meeting only to be reinstated due to the last- minute reading of an ill-advised statement by the former town attorney town that violated the Open Meetings law. He proceeded to elucidate the intricacies of the re -instated code that that read the Town Board 'MAY' grant after public hearing a special use permit for a designed residential development or a Cluster. Section 2404(e) defines "the word "shall" as mandatory, the word "MAY" is permissive" or an expression of POSSIBILITY. Moreover, with the re -instated code, Mr. Stenger, recognizing the above critical step, clarified the procedural aspects of the Planning Board's review process, noting that once the foundational criterion for potential zoning adjustments is met -namely, the Town Board's referral to the Planning Board -it essentially transforms into a procedural formality. He characterized this subsequent evaluation as a'check- the-boxes or a fait accompi' exercise, contingent upon the fulfillment of specified criteria. Town code also states that: "219(B) Conservation subdivisions. Pursuant to § 278 of the Town Law, at the written request of the applicant to the Town Board, the Planning Board MAY BE AUTHORIZED to modify the zoning regulations in one -family residence districts with respect to lot area and dimensions upon such conditions as the Town Board MAY impose." Under this procedure the Town board appointed planning board "MAY" issue the special use permit. He pointed out that the allocation of units must adhere strictly to the standard limitations. Specifically, he outlined the proposed plan: a total of 78 residences, comprising 66 fully clustered units alongside 12 semi -clustered standalone lots spanning half an acre each, within a designated one -acre zone. Consequently, Ken expressed his earnest desire to present his case before the Planning Board and urged the Town Board to issue the special use permit as a result of referring it to the planning board for the check the boxes exercise. The argument was made that non-clustered housing would cost $1.4 million whereas clustered homes would be available at a "More -Affordable" $400-$500 thousand not -withstanding upward market pressure and ignoring the laws of supply and demand.. Town of Wappinger Page 3 Printed 3/21/2024 Regular Meeting Minutes March 11, 2024 The effect will only impact residents in both the United Wappinger Water District and the United Wappinger Sewer District. The supervisor understanding the limits on water and sewer capacity T ✓lunicipal sewer authority. VII. Consent Resolutions RESOLUTION: 2024-71 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 Town of Wappinger Page 4 Printed 312112024 Regular Meeting Minutes March 11, 2024 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: J Vote Record - Resolution RES -2024-71 $250.00 Jan Care Registered Professional Nursing PC $400.00 RPH Auto Repair, Inc. $250.00 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph D. Cavaccini„ Voter 0 ..D...... ❑ ❑ ❑ ❑ Defeated Willi am H. Beale........................Voter....,.... .............. ....... ..... ❑......,...... ................ ❑ .. ...... ................ ❑ .. .. El Tabled Angela Bettina Voter.... ,....... ❑ .... ❑ ... ❑ ........ D ... ❑ Withdrawn Christopher Phillips Mover...,........(✓7...... ❑..... ❑...... ❑..... Al Casella Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-87 Resolution Accepting Donation To Parks And Recreation Department - Senior Center Division WHEREAS, the Town of Wappinger hosts a variety of senior citizen and recreational programs and events throughout the year including the Senior Center St. Patrick's Day Luncheon, and WHEREAS, three local businesses have graciously donated three checks totaling $900.00 dated February 13, 2024, February 15, 2024, and February 16, 2024 to offer the Senior Center St. Patrick's Day Luncheon at no cost to any and all Senior Citizen in the Town of Wappinger, and NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby accept the following donations to offer the Senior Center St. Patrick's Day Luncheon at no cost to any and all Senior Citizen in the Town of Wappinger: Ulster Savings Bank $250.00 Jan Care Registered Professional Nursing PC $400.00 RPH Auto Repair, Inc. $250.00 Town of Wappinger Page 5 Printed 312112024 Regular Meeting Minutes March 11, 2024 The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-87 Yes/Aye No/Nay Abstain Absent D Adopted D Adopted ......... ....... ❑ Adopted as Amended Joseph D Cavaccim Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Angela Bettina ...................... Voter............ ❑ .... .... ❑ ... .... El........ D ... El Withdrawn Christopher Phillips Mover...,........(✓7...... Mover...,........(✓7...... ❑..... ❑ .... ❑..... ❑..... Al Casella Seconder D ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-88 Resolution Authorizing Improvements To Pickleball Court Light Towers At Martz Field WHEREAS, the Town seeks to improve the pickleball courts at Martz Field by utilizing the existing light towers at the park, and WHEREAS, the Town has received two proposals for replacing the electrical panel and fixtures on the existing light towers for safety and functionality purposes, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board has reviewed both proposals and has selected the proposal of Field Electric, Inc. and authorizes the improvements to be made by Field Electric, Inc. in the amount of $11,100.00 and in accordance with the terms of the proposal attached. 2. The Town Board hereby authorizes the Supervisor to execute any and all contract documents on behalf of the Town. 3. Appropriation for this contract shall be made from Unallocated B Fund Balance and the Town Comptroller shall amend the budget accordingly. 4. Payment shall be made upon vouchers reviewed and approved as required by law. 5. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2024-88 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as AmendedJoseph 1111�El D. Cavaccini„ Voter 0 ..D...... ❑ El Defeated Willi am H. Beale........................Voter....,.... ❑......,...... ❑ .. ❑ .. ❑ Tabled Angela BettinaVoter.... ,....... ❑ .... ❑ ... ❑ ........ El ... ❑ Withdrawn Christopher Phillips Mover...,........(✓7...... ❑..... ❑...... ❑..... Al Casella Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-89 Town of Wappinger Page 6 Printed 3/21/2024 Regular Meeting Minutes March 11, 2024 Requesting NYS DOT to Authorize Reduction Of Speed Limit On Myers Corners Road WHEREAS, there have been several accidents and safety concerns on Myers Corners Road at the entrance of Roy C. Ketcham High School and speed has been a contributing factor; and WHEREAS, Myers Corners Road is a County Highway and NYS Vehicle and Traffic Law provides that the NYS Department of Transportation is the jurisdiction that sets speed limits on County and Town Highways; and WHEREAS, NYS Vehicle &Traffic Law §1622(1) provides that a Town and County may request that NYS Department of Transportation lower the maximum speed limit on a highway; and WHEREAS, NYS Vehicle &Traffic Law §1622(1) provides that the NYS DOT may set a minimum speed limit of 15 miles per hour for a distance not to exceed one thousand three hundred twenty feet on a highway WHEREAS, the Dutchess County Superintendent of Highways requires a resolution from the Town Board requesting a speed limit reduction for a County Highway; and WHEREAS, the Town Board determines that it is in the best interest of the traveling public, and for the general public health, safety and welfare of the residents of the Town of Wappinger, to request that the New York State Department of Transportation establish a 20 mph speed limit on Myers Corners Road: and WHEREAS, the Town Board hereby requests that the Dutchess County Superintendent of Highways join in the request and post the required speed limit signs; and NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby requests that the New York State Department of Transportation formally establish a speed limit of 20 miles per hour on Myers Corners Road in the Town of Wappinger for a distance of 1,320 feet centered upon the driveway of the Roy C. Ketcham High School; and NOW THEREFORE BE IT FURTHER RESOLVED, The Town Board hereby authorizes the Town Clerk to sign the annexed TE 9a form and forward the same, together with a certified copy of this resolution to Robert Balkind, Dutchess County Commissioner of Public Works. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2024-89 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph D Cavaccim ................... Voter ................. a ................ o ............... El ................ o ........ ❑ Defeated William H. Beale Voter El ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter....,...... ❑ .... ❑ ... ❑ .... El ... ❑ WithdrawnChristopher Phillips Mover 0 ❑ ❑ ❑ Al Casella Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-90 Requesting NYS DOT to Authorize Reduction Of Speed Limit On Middlebush Road WHEREAS, there have been several accidents on Middlebush Road at the entrance to Town Hall and the Wappingers Falls Junior High School and speed has been a contributing factor; and Town of Wappinger Page 7 Printed 3/21/2024 Regular Meeting Minutes March 11, 2024 WHEREAS, Middlebush Road is a County Highway and NYS Vehicle and Traffic Law provides that the NYS Department of Transportation is the jurisdiction that sets speed limits on County and Town Highways; and WHEREAS, NYS Vehicle &Traffic Law §1622(1) provides that a Town and County may request that NYS Department of Transportation lower the maximum speed limit on a highway; and WHEREAS, NYS Vehicle &Traffic Law §1622(1) provides that the NYS DOT may set a minimum speed limit of 15 miles per hour for a distance not to exceed one thousand three hundred twenty feet on a highway passing the entrance of school abutting on the highway; and WHEREAS, the Dutchess County Superintendent of Highways requires a resolution from the Town Board requesting a speed limit reduction for a County Highway; and WHEREAS, the Town Board determines that it is in the best interest of the traveling public, and for the general public health, safety and welfare of the residents of the Town of Wappinger, to request that the New York State Department of Transportation establish a 20 mph speed limit on Middlebush Road; and WHEREAS, the Town Board hereby requests that the Dutchess County Superintendent of Highways join in the request and post the required speed limit signs; and NOW, THEREFORE BE IT RESOLVED, the Town Board hereby requests that the New York State Department of Transportation formally establish a speed limit of 20 miles per hour on Middlebush Road in the Town of Wappinger for a distance of 1,320 feet centered upon the driveway of the Wappingers Falls Junior High School; and NOW THEREFORE BE IT FURTHER RESOLVED, The Town Board hereby authorizes the Town Clerk to sign the annexed TE 9a form and forward the same, together with a certified copy of this resolution to Robert Balkind, Dutchess County Commissioner of Public Works. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-90 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph D Cavaccim Voter El ❑ . ❑ ❑ El Defeated William H. Beale„ ............ Voter D ❑ ❑ ❑ El Tabled Angela Bettina Voter....,...... ❑ .... ❑ ... El.... El ... ElWithdrawn Christopher Phillips Mover D ❑ ❑ ❑ Al Casella Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-91 Resolution Approving Memorandum Of Agreement With CSEA Local 1000 WHEREAS, the Town of Wappinger ("Town") and CSEA Local 1000 AFSCME AFL-CIO ("CSEA") are parties to a Collective Bargaining Agreement ("CBA") forthe term January 1, 2022 to December 31, 2025, and WHEREAS, the Town wishes to standardize the paid leave sections of CSEA CBA, and WHEREAS, the parties deem it fitting to put in place a Supplemental Memorandum of Agreement (SMOA) for CSEA CBA, and WHEREAS, the SMOA provides that it is subject to ratification by the Town Board and the CSEA, and Town of Wappinger Page 8 Printed 3/21/2024 Regular Meeting Minutes March 11, 2024 WHEREAS, the Town Supervisor and Town Comptroller recommend that both of the proposed SMOA be ratified by the Town Board, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Supplemental Memorandum of Agreement between the Town and CSEA dated March, 2024, is hereby ratified and approved, as was approved on March 5, 2024 by the CSEA. 2. The Town Supervisor is hereby authorized and directed to execute the Supplemental Memorandum of Agreement in the form annexed hereto. 3. The Town Board hereby directs the Town Comptroller or her designee to execute the Supplemental Memorandum of Agreement. The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2024-91 Yes/Aye No/Nay Abstain Absent D Adopted . .................. El Adopted as Amended Joseph D Cavaccim Voter D ❑ ❑ ❑ El Defeated William H. Beale Voter „0 ❑ ❑ ❑ El Tabled Angela, Bettina Voter.... ,....... ❑ .... ❑ ... ❑ ........ D ... ❑ Withdrawn Christopher Phillips Mover...,........(✓7...... ❑..... ❑...... ❑..... Al Casella Seconder 0 ❑ El❑ Dated: Wappingers Falls, New York March 11, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-92 Resolution Clarifying The Responsibilities Of Administering Escrows And Consultant Billing WHEREAS, Resolution 2020-40 creates and appoints the position of Deputy Zoning Administrator for the Town of Wappinger, and WHEREAS, there are no other adopted resolutions, contracts, or any other documentation outlining additional responsibilities granted to the Deputy Zoning Administrator, and WHEREAS, the Town of Wappinger is committed to ensuring that employees are not working out of title and ensuring that work is properly assigned to all employees, and WHEREAS, the Deputy Zoning Administrator is currently performing the duties of escrow clerk and monitoring consultant billing, and WHEREAS, the Town of Wappinger is appreciative to the Deputy Zoning Administrator for performing these duties, and WHEREAS, the Town Board has determined that the responsibilities of escrows and monitoring consultant billing are not consistent with the duties of Deputy Zoning Administrator, and WHEREAS, the Town Supervisor has restructured the Comptroller's Office, as ratified by the Town Board, to carry out the financial responsibilities and obligations of the Town, and NOW THEREFORE BE IT RESOLVED, the Deputy Zoning Administrator shall no longer perform the duties of escrow clerk and monitoring professional consultant billing, and NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Board has determined that all bills received by professional consultants will be processed by the Comptroller's Office, and NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Board has determined that all escrow activities will be shared between the Planning Board, Zoning Board of Appeals and the Comptroller's Office. Town of Wappinger Page 9 Printed 3/21/2024 Regular Meeting Minutes March 11, 2024 The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-92 Yes/Aye No/Nay Abstain Absent D Adopted D Adopted ......... ....... ❑ Adopted as Amended Joseph D Cavaccim Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Angela Bettina ...................... Voter............ ❑ .... .... ❑ ... .... El........ D ... El Withdrawn Christopher Phillips Mover...,........(✓7...... Mover ❑..... ❑ .... ❑..... ❑ Al Casella Seconder D ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-96 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Log - 2 24-03-11 Number T4 From Date [date Rec" Re: A ends [��te 83-11-881 Torn Board I Case Amigos II 1 2127024 2 28l2.82d Liauor License Aaalicafion 1 3111/2824 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2024-96 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph D Cavaccim ................... Voter ................. a ................ 0 ............... El ................ 0 ........ ❑ Defeated William H. Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter....,...... ❑ .... ❑ ... ❑ .... El ... ❑ Withdrawn Christopher Phillips Mover 0 ❑ ❑ ❑ Al Casella Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2024 The Resolution is hereby duly declared Adopted. VIII. Non Consent Resolutions RESOLUTION: 2024-86 Resolution Adopting Local Law No 1 Of 2024 Town of Wappinger Page 10 Printed 3/21/2024 Regular Meeting Minutes March 11, 2024 WHEREAS, that the Town Board has introduced Introductory Local Law No. 91 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"), and WHEREAS, copies of the aforesaid proposed Interim Development Law, which is attached hereto, has been laid upon the desk of each member of the Board for the required number of days, and WHEREAS, a public hearing on said proposed Interim Development Law was held at the Town Hall, in the Town of Wappinger, New York at 7:00 o'clock P.M. on March 11, 2024 where the public was heard. NOW, THEREFORE, BE IT RESOLVED, Introductory Local Law 9 1 of 2024 is hereby enacted by the Town Board of the Town of Wappinger as Local Law 9 1 of 2024 of the Town of Wappinger; and BE IT FURTHER RESOLVED, that a true copy of the law is attached hereto and made a part hereof. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-86 Yes/Aye No/Nay Abstain Absent D Adopted ..... , ....."".. ....... ❑ Adopted as AmendedJoseph 1111�El D Cavaccim Voter El ❑ El Defeated William H. Beale Voter 0 ❑ El El Tabled Angela Bettina Voter ... ,....... ❑ .... ❑ ... ❑ ........ D ... ❑ Withdrawn Christopher Phillips Seconder D ❑ ❑ ❑ Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-93 Resolution Appointing Labor And Employment Counsel To The Town of Wappinger WHEREAS, on January 4th, 2016, the Town Board, received two proposals for labor and employment counsel following its Request for Qualifications, and NOW THEREFORE BE IT RESOLVED, that ROEMER WALLENS GOLD & MINEAUX is appointed as labor and employment counsel to the Town of Wappinger, and NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Supervisor is authorized to execute any documentation consistent to the actions within this resolution. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-93 Yes/Aye No/Nay Abstain Absent D Adopted ..... , ❑ Adopted as Amended Joseph D Cavaccim Voter 0 ❑ El El Defeated William H. Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Angela BettinaVoter .....................Mover...,........D..... ❑ .....,. .. ❑ ... ....... ,...... El0 ElWithdrawn Christo her Phillips p............p.................. ❑..❑..... ❑..... Al Casella Seconder El ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2024 Town of Wappinger Page 11 Printed 3/21/2024 Regular Meeting Minutes March 11, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-94 Resolution Adopting Parks and Recreation Fees For the 2024 Calendar Year NOW PHEgkEFORE BE T RESOLVED, tI[),. t tI[)e Tow) Boaird I[) it Iby adopts tI[)e foIIIIo airrg IpaitIks airrd r,ecir atioirr fees foir, t[)e caeirrdair, y it 2024 : Facility Rental(Per Use) 2024 Athletic Field 2024 Rental(3hr) *For Organized Activities/Teams* Carnwath Farms Park- $100 Robinson Lane Grass $50 Event Rental Baseball Fields Carnwath Farms Park- $30 Inspiration Field * Use $0 Instructor Rental only by qualifying groups* Castle Point Pavilion $125 Martz Field Baseball $25 Field Martz Field Pavilion $150 Castle Point Baseball $50 Field Quiet Acres Pavilion $75 Martz Field Tennis/ $30 Pickleball Courts (per ct) Schlathaus Park $150 Martz Field Sand $40 (Including Bandshell) Volleyball Courts (per ct) Spook Hill Pavilion $125 Martz Field Basketball $30 Court (full court) Reese Park Pavilion $75 Castle Point Basketball $25 Court Airport Park Pavilion- X Card Rd Basketball $25 NOT FOR RENT Court Additional Facility Spookhill Park $25 Rental Fees Basketball Court Vendor Events with <10 $50 Soccer Field $50 Vendors (Airport/Rockingham) Vendor Events with 11- $75 Additional Field Rental 20 Vendors Fees Vendor Events with 21- $100 Baseball Field Lights $200 30 Vendors (where available) Events with 30+ Vendors $150 Special Permit to Serve $50 Town of Wappinger Page 12 Printed 3/21/2024 Regular Meeting Minutes March 11, 2024 Alcohol *At public events with vendors, does not apply to pavilion rentals* 0 Adopted Yes/Aye Summer Camp Abstain Absent Recreation Events 2024 Per 7 Week Session* Does not include Trips and Special Days 2024 ❑ Prior Carni "fall" pricing was for the whole weekend now would be per day* Resident- Regular Hours 1 st Child $400 Voter ............... Craft Fair Vendor Space $30 Resident -Regular Hours 2nd Child $350 El Tabled Carni "fall" Food Vendor $30 Resident -Regular Hours 3rd+ Child $300 ❑...... Carni "fall" Non -Profit $15 Resident -Extended Hours 1 st Child $500 D Carni "fall" Govt Agency $0 Resident -Extended Hours 2nd Child $450 Carni "fall" For Profit $25 Resident -Extended Hours 3rd+Child $400 Non -Resident Regular Hours 1 st Child $450 Non -Resident Regular Hours 2nd Child $400 Non -Resident Regular Hours 3rd+ Child $350 Non -Resident Extended Hours 1 st Child $550 Non -Resident Extended Hours 2nd Child $500 Non -Resident Extended Hours 3rd+Child $450 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-94 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph,D. CavacciniVoter 0 ❑ El❑ El Defeated William H. Beale ........................ Voter ............... D ...... .........❑ ..... ...... ❑...... . ..... ❑ ........ El Tabled Angela Bettina...........................Voter.... ......❑...... ......❑................... ❑...... .....D..... ❑ Withdrawn Christo her Philli s Mover D ❑ ❑ ❑ Town of Wappinger Page 13 Printed 3/21/2024 Regular Meeting Minutes March 11, 2024 Al Casella Seconder El ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-95 Resolution Amending Purchase Amount To Purchase Real Property Adjacent To Reese Park WHEREAS, Resolution 2023-135 authorized $150,000.00 to purchase the property located at 2513 Route 9D contains 1.6 acres and abuts Reese Parka nd would provide additional access from Route 9D into the park, and WHEREAS, the owner of the property wishes to sell the property to the Town and a contract of sale has been presented to the Town Board for its approval with a purchase price of $150,000 as well as the costs of the property line survey and the seller's fees incurred through this process, and WHEREAS, the Town Board is considering using unallocated B Fund balance to purchase the property so that it may be used for park purposes and not developed in the future, and WHEREAS, the Attorneyto the Town has reviewed the form of the contract and all documents related to the purchase of the property, and WHEREAS, the seller has asked the Town to consider covering their legal fees, and NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes an additional $2,775.00 toward the purchase of the property located at 2513 Route 9D. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-95 Yes/Aye No/Nay Abstain Absent D Adopted . .... ❑ Adopted as Amended Joseph D Cavaccim Voter El ❑ . ❑ ❑ El Defeated William H. Beale„ ............ Mover D ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter....,...... ❑ .... ❑ ... ElEl .... ... El Withdrawn Christopher Phillips Seconder D ❑ ❑ ❑ Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 11, 2024 The Resolution is hereby duly declared Adopted. IX. Items for Special Consideration/New Business 1. Motion To: Add Culvert to Rockingham Park Out of B -Fund for $3,080 Town of Wappinger Page 14 Printed 3/21/2024 Regular Meeting Minutes March 11, 2024 CLOVE EXCAVATORS, INC. Estimate 2'12 VAN WAGNEA R()AD POUGHN EJEPSIK .. l2603X10 Estimate �,a�a ����tt� m�:1 7 Ramo � Addmm3 J��rwa�an au�"�"a��Peaitro�;a:n. wflpp� agms FAM, MY 11m. Rookinglutin Park Oty, Cost Total Move ill PU138 1 Z50.001 210-00 PC 119, Excavatur R� 180401 1,440.010 pipe Van 3 MOO 350A)0 ,aura° 8 �30.00 1,1:D 0,ig00i 3,W0.0th Sales Tex (8.125%) 50,00 5)31202 W Total Town of Wappinger Page 15 Printed 3/21/2024 Regular Meeting Minutes March 11, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 2. Motion To: Pay Court Ordered Transcrips for The Alpine Lawsuit in the amount of $3,175 from B -Fund Bill TO: lNor°e"I UIDOUrti' Invoice : 7242869 Hogan & Rosal Emp in�volts 0aliaR: �3/8171074 3 S lair 1RAp Road Suite 200,, Szdanre Oula,,; $3,1175.00 6rawstac NY, 105,09 [2-�:�up� ;rt�r"�rr�r;,�r.'�im"i.�h�,� dsry M rlei n �� a it � �u�r ", l'�. . a .� n . � �, , � �, *� .ted- ,, -„✓ m, '�,��uJ`,�i ,,, � u� � �,..r�� , u�nnrv�iart �� mi r���� 3atn, A, 65016W7 I Job (Date: Z2612WI, Ii IO Itv ry; Ng trial I...ran tan'. B,'rewMe=r, NY UhWw1hp Al y': Bremdan ILib r it i Hogan 5 Rossi E,s s- Town of Wappinger Page 16 Printed 3/21/2024 ^'+m� "transcript Swvioas 512 7`7777 777- lfranscrilat SeMc rs $21875 Traonssulpt Servioo5 $3125 'Transcript, $37,50 y'Servicab. Transcript Saloes $206.26 00.0 Trans&pt Services $37,.`n SY Roam it to y I y Acyl (include invoice numbler ): Invoice M. 724280 v ritext AX I Dame- eritext N"A Box 71303 Bank Name.'BUO Harris Bank lnuoi" Dom, 302024 Chicago IL 60694•x1303 B] Addy; 11 W. Ii' onrie Chicago, IIL 606,06 Ballance Moue: $3,1176.0,0 Fed. Tax I11D,, 2 31132560 Account No,4115,3454 ABA:071000 8, Town of Wappinger Page 16 Printed 3/21/2024 Regular Meeting Minutes March 11, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina X. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 8:20 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Town of Wappinger Page 17 Printed 3/21/2024 support the proposed law. ...and hope that during the pause we rethink how the development of housing is managed in the Town of Wappinger. There are a few points that I would like you to consider : understand that the town's current housing stock is 40% multifamily and 60% single family housing... (by the way, I think we need to more fully explore the details under those statistics) - I don't know what level of density is the number that would indicate that the town would be shifting from suburban/rural to urban... but I would suggest that at 40% multifamily ... we are edging toward it. IF we become a Town reaching "urban" density levels — please remember that many things will need to change — a different town government structure, a much different safety (police, EMS, Fire ) infrastructure than we currently have, different transportation management, additional social and education services and more water and sewer infrastructure. The burden of those changes will be placed on the current property owners and residents... and while funding and grants may be made available to developers from outside government agencies - the county, state to help with their development costs — the associated costs of that growth will be placed squarely on the current residents. Please keep that in mind when considering new development. I have sat through many Planning Board and Zoning Board meetings and my observation is that our current zoning code and mindset is a very dated one that I hope will be challenged during this pause. There is some sloppiness around the term "affordable" housing. When planners and government officials use the term, sometimes slipping in the term "workforce housing" to help soften the implications — it often means building as many housing units as possible, built with the minimum of investment required and minimum of long-term developer involvement. This is based on the idea that additional housing can only be provided with large developers, typically from outside the town, mining our town's resources to create new neighborhoods with new construction in large swaths. What this leaves the town with is a jolt to all the infrastructure systems I mentioned previously and a ticking clock of when the issues will emerge, and they will, long after the development company has taken their profits and left town. We have especially seen this with water issues, sewer issues time and time again. With this "affordable housing" definition the focus is on the initial costs of housing - for either the home buyer/renter — never focuses on the long term costs. But when I hear residents speak of "affordable housing" — they are speaking of the "affordability of their housing" — which goes beyond the ability of the initial purchase or rental of a home.... But rather the on-going maintenance, tax burdens and if renting, unexpected rent increases. Residents, when they say "affordable housing" by & large mean they are concerned about their ability to afford to continue to live in their home and in their community. think we need to address the "affordability of housing" - that is helping residents, and by extension renters, manage the costs of owning their property. I believe this requires a change to the zoning code — which currently presumes that a nuclear family .... is the predominant housing unit requirement. That may have been the case, or maybe it was just the thinking, in the 1960s and 1970s when a lot of housing stock in Wappinger was built — but families today come in all shapes and sizes — and whatever their shape and size - their housing needs change over time. The Zoning Code needs to help residents adapt to these changes and make investments in their properties that allow them the stay in the community. For example, where appropriate - Residents should be able to invest in their property to add an additional living unit — that is with a separate entrance/kitchen etc or an accessory dwelling unit - to use as a place for a home health aide to stay, an au pair, a place for other family members to live, or as a rental property - either short term/long term... as long as the property is owner occupied. Today, this is allowed only through a variance - on a temporary basis - and if the property is sold, it must revert to a single family home. If the code is changed, housing costs can be shared or additional income potential can be realized - helping to address the affordability concerns of the town's residents. This of course will not work in every neighborhood or for every homeowner- where there are concerns of density, traffic, parking, water use etc — but there are a large number of properties in this town, built in the 60s and 70s assuming family shapes and sizes that no longer apply — let's encourage the adaptation and refurbishment of current housing stock, perhaps even commercial buildings, where appropriate, rather than tearing up our few remaining green spaces and subjecting the town to the vagaries of developer financing like we currently have. There are architects, contractors and engineers who are well qualified to help residents in adapting their homes - let's update the code to assist with these changes. With these changes, the Town's housing stock would grow organically - rather than in a "big bang" that new development brings and will benefit the current residents - those who have been paying taxes to the town for years - by enhancing the value of their property, enabling them to use their equity to help them with their costs and at the same time increase the opportunities for additional housing. This would strengthen our community by enabling residents to stay in the town, rather than feeling forced to move when their housing requirements change. I would also like to remind you that Wappinger is a Riverside Greenway Community and as such the Town's Zoning Code needs to reinforce and compliment the objectives set forth by the Hudson River Valley Greenway Framework. I know this is not 100% solution to the challenges facing Wappinger, and a study of other municipalities and their codes needs to be evaluated to look for best practices and other innovations — but let's remember that you are representing the current residents of the town and are working to help strengthen our community — not strengthen the profit margins of others. Thank you. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-71 Meeting: 03/11/24 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 Next: 02/29/24 02/29/24 Town Board TABLED Next: 03/11/24 Updated: 2/5/2024 2:16 PM by Joseph P. Paoloni Page 1 Resolution 2024-71 RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman Meeting of March 11, 2024 SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 2/5/2024 2:16 PM by Joseph P. Paoloni Page 2 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. 26 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 Meeting: 03/11/24 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Misc Town Board Decisions Prepared By: Graciela Robinson ADOPTED Initiator: MinuteTraq Adinin Sponsors: Supervisor Joseph D. Cavaccini RESOLUTION 2024-87 DOC ID: 6145 Resolution Accepting Donation To Parks And Recreation Department - Senior Center Division WHEREAS, the Town of Wappinger hosts a variety of senior citizen and recreational programs and events throughout the year including the Senior Center St. Patrick's Day Luncheon, and WHEREAS, three local businesses have graciously donated three checks totaling $900.00 dated February 13, 2024, February 15, 2024, and February 16, 2024 to offer the Senior Center St. Patrick's Day Luncheon at no cost to any and all Senior Citizen in the Town of Wappinger, and NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby accept the following donations to offer the Senior Center St. Patrick's Day Luncheon at no cost to any and all Senior Citizen in the Town of Wappinger: Ulster Savings Bank $250.00 Jan Care Registered Professional Nursing PC $400.00 RPH Auto Repair, Inc. $250.00 RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 3/7/2024 9:39 AM by Graciela Robinson Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-88 Meeting: 03/11/24 07:00 PM Department: Town Clerk Category: Misc Town Board Decisions Prepared By: Lori McConologue Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6147 Resolution Authorizing Improvements To Pickleball Court Light Towers At Martz Field WHEREAS, the Town seeks to improve the pickleball courts at Martz Field by utilizing the existing light towers at the park, and WHEREAS, the Town has received two proposals for replacing the electrical panel and fixtures on the existing light towers for safety and functionality purposes, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board has reviewed both proposals and has selected the proposal of Field Electric, Inc. and authorizes the improvements to be made by Field Electric, Inc. in the amount of $11,100.00 and in accordance with the terms of the proposal attached. 2. The Town Board hereby authorizes the Supervisor to execute any and all contract documents on behalf of the Town. 3. Appropriation for this contract shall be made from Unallocated B Fund Balance and the Town Comptroller shall amend the budget accordingly. 4. Payment shall be made upon vouchers reviewed and approved as required by law. 5. This Resolution shall take effect immediately. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 3/7/2024 10:04 AM by Lori McConologue Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-89 Meeting: 03/11/24 07:00 PM Department: Town Clerk Category: Roads Prepared By: Graciela Robinson Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6150 Requesting NYS DOT to Authorize Reduction Of Speed Limit On Myers Corners Road WHEREAS, there have been several accidents and safety concerns on Myers Corners Road at the entrance of Roy C. Ketcham High School and speed has been a contributing factor; and WHEREAS, Myers Corners Road is a County Highway and NYS Vehicle and Traffic Law provides that the NYS Department of Transportation is the jurisdiction that sets speed limits on County and Town Highways; and WHEREAS, NYS Vehicle &Traffic Law §1622(1) provides that a Town and County may request that NYS Department of Transportation lower the maximum speed limit on a highway; and WHEREAS, NYS Vehicle &Traffic Law §1622(1) provides that the NYS DOT may set a minimum speed limit of 15 miles per hour for a distance not to exceed one thousand three hundred twenty feet on a highway WHEREAS, the Dutchess County Superintendent of Highways requires a resolution from the Town Board requesting a speed limit reduction for a County Highway; and WHEREAS, the Town Board determines that it is in the best interest of the traveling public, and for the general public health, safety and welfare of the residents of the Town of Wappinger, to request that the New York State Department of Transportation establish a 20 mph speed limit on Myers Corners Road: and WHEREAS, the Town Board hereby requests that the Dutchess County Superintendent of Highways join in the request and post the required speed limit signs; and NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby requests that the New York State Department of Transportation formally establish a speed limit of 20 miles per hour on Myers Corners Road in the Town of Wappinger for a distance of 1,320 feet centered upon the driveway of the Roy C. Ketcham High School; and NOW THEREFORE BE IT FURTHER RESOLVED, The Town Board hereby authorizes the Town Clerk to sign the annexed TE 9a form and forward the same, together with a certified copy of this resolution to Robert Balkind, Dutchess County Commissioner of Public Works. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 3/7/2024 10:51 AM by Joseph P. Paoloni Page 1 Regional Traffic Engineer Region No. Department of Transportation The Town Board of the Town of , by a resolution adopted (Date), and the County Superintendent of Highways of the County of hereby request the Department of Transportation, pursuant to Section 1622.1 of the Vehicle and Traffic Law, to establish a lower maximum speed at which vehicles may proceed on , a County Road / Town Highway (Circle One) between and Upon receipt of the notice that the regulation herein requested has been established, the of , will provide, install and maintain signs in accordance with the Vehicle and Traffic Law and conforming to the Manual of Uniform Traffic Control Devices of the Department of Transportation. Dated Dated Comments by County Superintendent: TE 9a (10/08) Town Clerk County Superintendent Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-90 Meeting: 03/11/24 07:00 PM Department: Town Clerk Category: Roads Prepared By: Lori McConologue Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6149 Requesting NYS DOT to Authorize Reduction Of Speed Limit On Middlebush Road WHEREAS, there have been several accidents on Middlebush Road at the entrance to Town Hall and the Wappingers Falls Junior High School and speed has been a contributing factor; and WHEREAS, Middlebush Road is a County Highway and NYS Vehicle and Traffic Law provides that the NYS Department of Transportation is the jurisdiction that sets speed limits on County and Town Highways; and WHEREAS, NYS Vehicle &Traffic Law §1622(1) provides that a Town and County may request that NYS Department of Transportation lower the maximum speed limit on a highway; and WHEREAS, NYS Vehicle &Traffic Law §1622(1) provides that the NYS DOT may set a minimum speed limit of 15 miles per hour for a distance not to exceed one thousand three hundred twenty feet on a highway passing the entrance of school abutting on the highway; and WHEREAS, the Dutchess County Superintendent of Highways requires a resolution from the Town Board requesting a speed limit reduction for a County Highway; and WHEREAS, the Town Board determines that it is in the best interest of the traveling public, and for the general public health, safety and welfare of the residents of the Town of Wappinger, to request that the New York State Department of Transportation establish a 20 mph speed limit on Middlebush Road; and WHEREAS, the Town Board hereby requests that the Dutchess County Superintendent of Highways join in the request and post the required speed limit signs; and NOW, THEREFORE BE IT RESOLVED, the Town Board hereby requests that the New York State Department of Transportation formally establish a speed limit of 20 miles per hour on Middlebush Road in the Town of Wappinger for a distance of 1,320 feet centered upon the driveway of the Wappingers Falls Junior High School; and NOW THEREFORE BE IT FURTHER RESOLVED, The Town Board hereby authorizes the Town Clerk to sign the annexed TE 9a form and forward the same, together with a certified copy of this resolution to Robert Balkind, Dutchess County Commissioner of Public Works. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 3/7/2024 10:44 AM by Joseph P. Paoloni Page 1 Regional Traffic Engineer Region No. Department of Transportation The Town Board of the Town of , by a resolution adopted (Date), and the County Superintendent of Highways of the County of hereby request the Department of Transportation, pursuant to Section 1622.1 of the Vehicle and Traffic Law, to establish a lower maximum speed at which vehicles may proceed on , a County Road / Town Highway (Circle One) between and Upon receipt of the notice that the regulation herein requested has been established, the of , will provide, install and maintain signs in accordance with the Vehicle and Traffic Law and conforming to the Manual of Uniform Traffic Control Devices of the Department of Transportation. Dated Dated Comments by County Superintendent: TE 9a (10/08) Town Clerk County Superintendent L O U- W E .0 V M Q Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-91 Meeting: 03/11/24 07:00 PM Department: Town Clerk Category: Roads Prepared By: Graciela Robinson Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6146 Resolution Approving Memorandum Of Agreement With CSEA Local 1000 WHEREAS, the Town of Wappinger ("Town") and CSEA Local 1000 AFSCME AFL-CIO ("CSEA") are parties to a Collective Bargain ingAgree ment ("CBA") for the term January 1, 2022 to December 31, 2025, and WHEREAS, the Town wishes to standardize the paid leave sections of CSEA CBA, and WHEREAS, the parties deem it fitting to put in place a Supplemental Memorandum of Agreement (SMOA) for CSEA CBA, and WHEREAS, the SMOA provides that it is subject to ratification by the Town Board and the CSEA, and WHEREAS, the Town Supervisor and Town Comptroller recommend that both of the proposed SMOA be ratified by the Town Board, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Supplemental Memorandum of Agreement between the Town and CSEA dated March, 2024, is hereby ratified and approved, as was approved on March 5, 2024 by the CSEA. 2. The Town Supervisor is hereby authorized and directed to execute the Supplemental Memorandum of Agreement in the form annexed hereto. 3. The Town Board hereby directs the Town Comptroller or her designee to execute the Supplemental Memorandum of Agreement. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 3/7/2024 12:55 PM by Graciela Robinson Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-92 Meeting: 03/11/24 07:00 PM Department: Town Clerk Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6153 Resolution Clarifying The Responsibilities Of Administering Escrows And Consultant Billing WHEREAS, Resolution 2020-40 creates and appoints the position of Deputy Zoning Administrator for the Town of Wappinger, and WHEREAS, there are no other adopted resolutions, contracts, or any other documentation outlining additional responsibilities granted to the Deputy Zoning Administrator, and WHEREAS, the Town of Wappinger is committed to ensuring that employees are not working out of title and ensuring that work is properly assigned to all employees, and WHEREAS, the Deputy Zoning Administrator is currently performing the duties of escrow clerk and monitoring consultant billing, and WHEREAS, the Town of Wappinger is appreciative to the Deputy Zoning Administrator for performing these duties, and WHEREAS, the Town Board has determined that the responsibilities of escrows and monitoring consultant billing are not consistent with the duties of Deputy Zoning Administrator, and WHEREAS, the Town Supervisor has restructured the Comptroller's Office, as ratified by the Town Board, to carry out the financial responsibilities and obligations of the Town, and NOW THEREFORE BE IT RESOLVED, the Deputy Zoning Administrator shall no longer perform the duties of escrow clerk and monitoring professional consultant billing, and NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Board has determined that all bills received by professional consultants will be processed by the Comptroller's Office, and NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Board has determined that all escrow activities will be shared between the Planning Board, Zoning Board of Appeals and the Comptroller's Office. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 3/7/2024 1:08 PM by Joseph P. Paoloni Page 1 Town of Wappinger Meeting: 03/11/24 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Correspondence Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Adinin Sponsors: Supervisor Joseph D. Cavaccini RESOLUTION 2024-96 DOC ID: 6154 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Lo - 2024-03-11 Number TO From Date Date Ree" Re. Agenda Date 83-11-881 Torn Board I Casa Amigos II 1 2127024 2 28l2.82d Liquor License Application 1 3111/2824 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 3/7/2024 2:51 PM by Joseph P. Paoloni Page 1 N O N co W w It - 9 O It* N O N O O E v m Q C) � r C M Q1 C O TOM Q M © N U � J O O O' J 1 O J V O q� W L` LN L. O ® E Q O cnU H "o O c 3 0 s EQ o � r Z r C'7 O N O N co W w It - 9 O It* N O N O O E v m Q rev12302021 I 7,1 OFFICE USE ONLY 0 Original () Amended Date i xf. i.lr t;c r Authority 49 Standardized NOTICE FORM for Providing 30-Da,^.IvAn Notice to a Local Municipality or Communit B rd 1, nate Notice Sent: 02/27/2024 1a. Deli red I ersonal Delivery with Proof of Receipt 2. Select the type of Application that will be filed with the Author! for d*nn-Pre ises Alcoholic Beverage License: Ik For premises outside the City of New York: FEB 2 2024 0 New Applciation 0 Removal 0 Class Chan e For premises in the City of New York: Town n o t p p i n g e r 0 New Application 0 New Applirn.m rary Retail Permit0 Renewal 0 Alteration 0 Reno@wn lerk 0 Class Change 0 Method of OCorporate Change For New and Temporary Retail Per, answer each question below using all information known to date For Renewal applicants, answer all questions For Alteration applicants, attach a complete written description and diagrams depicting the proposed alteration(s) For Corporate Change applicants, attach a list of the current and proposed corporate principals For Removal applicants, attach a statement of your current and proposed addresses with the reason(s) for the relocation For Class Change applicants, attach a statement detailing your current license type and your proposed license type For Method of Operation Change applicants, although not required, ifyou choose to submit, attach an explanation detailingthose changes Please include all documents as noted above. Failure to do so may result in disapproval of the application. This 30 -Day Advance Notice is Being Provided to the Clerk of the Following Local Municipality or Community Board: 3, Name of Municipality or Community Board: Town Of Wappingers Falls Applicant/Licensee Information: 4. Licensee Serial Number (if applicable): Expiration Date (if applicable): 5, Applicant or Licensee Name: Casa Amigos II Mexican Kitchen & Cantina Inc. 6, Trade Name (if any): 7. Street Address of Establishment: 1 1515 State Route 9 8. City, Town or Village: Wappingers Falls NY Zip Code: 12590 4. Business Telephone Number of applicant/ Licensee: 845-476-4257 10. Business E-mail of Applicant/Licensee: linfo@kandpcleaning.com 11. Type(s) of alcohol sold or to be sold: 0 Beer & cider 0 Wine, Beer & Cider Liquor, Wine, Beer & Cider 12. Extent of Food Service: 0 Full Food menu; full kitchen run by a chef/cook 0 Menu meets legal minimum food requirements; food prep area required 13.Type of Establishment: lRestaurant (full kitchen and full menu required) _ ❑ Seasonal Establishment ❑ Juke Box ❑ Disc Jockey ❑ Recorded Music ❑ Karaoke 14. Method of Operation: (check all that apply) 0 Live Music (give details i.e., rock bands, acoustic, jazz, etc.): I Mariachi ❑ Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing E] Topless Entertainment ❑ Video/Arcade Games ❑ Third Party Promoters ❑ Security Personnel ❑ Other (specify): 15. Licensed Outdoor Area: ❑ None © Patio or Deck ❑ Rooftop Ll Garden/Grounds El Freestanding Covered Structure (check all that apply) ❑ Sidewalk Cafe ❑ Other (specify): It - M O It* N O N E U M Q opla-reel 2302021 OFFICE USE ONLY [0 Original Q Amended Date 16. List the floor(s) of the building that the establishment is located on: 17. List the room number(s) the establishment is located in within the building, if appropriate: 1 18. Is the premises located within 500feet of three or more on -premises liquor establishments? Q Yes (C) No 19. Will the license holder or a manager be physically present within the establishment during all hours of operation? 0 Yes 19 No 20. If this is a transfer application (an existing licensed business is being purchased) provide the name and serial number of the licensee: Name Serial Number 21. Does the applicant or licensee own the building in which the establishment is located? C,3 Yes {if YES, SKIP 23-26) ONo Owner of the Building in Which the Licensed Establishment is Located 22. Building Owner's Full Name: Crimswal Realty Co., LLC 23. Building Owner's Street Address; PO BOX 22917 24. City, Town or Village: Houston State: Texas Zip Code: 77227 25. Business Telephone Number of Building Owner; 713-302-1962 Representative or Attorney Representing the Applicant in Connection with the Application for a License to Traffic in Alcohol at the Establishment Identified in this Notice 26. Representative/Attorney's Full Name: Carlos Espinoza 27. Representative/Attorney's Street Address: 20 Macfarlane Rd 28. City, Town or Village: Wappingers Falls State: NY Zip Code:12590 29. Business Telephone Number of Representative/Attorney, 845-476-4257 30. Business E-mail Address of Representative/Attorney; Info@kandpcleaning.com I am the applicant or licensee holder or a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, I affirm - under Penalty of Perjury -that the representations made in this form are true. 31. Printed Principal Name: Carloss�pinoza Title; Vice President Principal Signature: Page 2 of 2 49 Q Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-86 Meeting: 03/11/24 07:00 PM Department: Town Clerk Category: Local Law Adoption Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini Resolution Adopting Local Law No 1 Of 2024 DOC ID: 6144 WHEREAS, that the Town Board has introduced Introductory Local Law No. 91 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"), and WHEREAS, copies of the aforesaid proposed Interim Development Law, which is attached hereto, has been laid upon the desk of each member of the Board for the required number of days, and WHEREAS, a public hearing on said proposed Interim Development Law was held at the Town Hall, in the Town of Wappinger, New York at 7:00 o'clock P.M. on March 11, 2024 where the public was heard. NOW, THEREFORE, BE IT RESOLVED, Introductory Local Law # 1 of 2024 is hereby enacted by the Town Board of the Town of Wappinger as Local Law # 1 of 2024 of the Town of Wappinger; and BE IT FURTHER RESOLVED, that a true copy of the law is attached hereto and made a part hereof. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 3/11/2024 12:05 PM by Joseph P. Paoloni Page 1 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 located at 345 Sheafe Road, Wappinger Falls, New York 12590 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) to the premises which are the subject of the case In the Matter of the Application of Cedar Hills LLC v. The Town of Wappinger, Town of Wappinge Town Board and Town of Wappinger Town Clerk, Index No. 2024-50539; (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 Wappinger 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. Dated March 11, 2024 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-93 Meeting: 03/11/24 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6152 Resolution Appointing Labor And Employment Counsel To The Town of Wappinger WHEREAS, on January4th, 2016, the Town Board, received two proposals for labor and employment counsel following its Request for Qualifications, and NOW THEREFORE BE IT RESOLVED, that ROEMER WALLENS GOLD & MINEAUX is appointed as labor and employment counsel to the Town of Wappinger, and NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Supervisor is authorized to execute any documentation consistent to the actions within this resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 3/7/2024 11:55 AM by Joseph P. Paoloni Page 1 AGREEMENT Made and entered into as of the 1st day of April, 2024, by and between the TOWN OF WAPPINGER by and through its Town Board, with its offices located at 20 Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as the "TOWN" and ROEMER WALLENS GOLD & MINEAUX, LLP, Labor Relations Attorneys and Consultants, with its principal place of business located at 13 Columbia Circle, Albany, New York 12203, hereinafter referred to as ,,ROEMER WALLENS GOLD & MINEAUX." 1. The TOWN hereby retains and employs ROEMER WALLENS GOLD & MINEAUX as its Labor Relations Attorneys and Consultants to provide to the TOWN the following professional services for the period of time hereinafter designated. (a) Comprehensive negotiating services up to and including impasse resolution proceedings and interest arbitration as exemplified in Exhibit "A" which is attached hereto and made a part hereof for each of the following collective bargaining units in which terms and conditions of employment for the TOWN and its employees are negotiated: i) General Bargaining Unit (currently represented by Teamsters) ii) Highway Bargaining Unit (currently represented by CSEA) (b) Consultations and advice regarding the TOWN's rights and liabilities in connection with: i) Civil Service Law Taylor law iii) Fair Labor Standards Act iv) Public Officers Law v) Freedom of Information Law vi) Unemployment Insurance Law vii) Workers' Compensation Law -viii) Human Rights/Discrimination ix) Sexual Harassment Investigations x) Disability Benefits xi) Contract Administration and Enforcement xii) Grievances Filed Against Employer xiii) Employee Discipline Matters xiv) Work Rules xv) Layoff Procedures xvi) General Municipal Law xvii) Americans With Disabilities Act xviii) Family and Medical Leave Act xix) Omnibus Transportation Employee Testing Act of 1991 (CDL Drug Testing) xx) Pregnancy Discrimination Act xxi) Appointment of Non -Unionized Employees and related matters xxii) Civil Rights as it relates to the Employment Relationship xxiii) Such other laws, rules and regulations as may apply to the field of labor relations and personnel administration (c) Advice and representation in connection with: i) Initial steps of contract grievance procedure. ii) Pre -hearing matters before the Public Employment Relations Board (Improper Practice Charges, Managerial/Confidential Petitions, and Union representation challenges), including the preparation of pleadings (other than documents prepared in lieu of a hearing) and attendance at all pre -hearing conferences. Hearing preparation and settlement negotiations which lead to a settlement without a hearing are covered by paragraph 2 below. iii} Attendance at relevant Labor/Management meetings and meetings of the Legislative body and committees thereof (d) Periodic printed reports containing relevant information regarding public sector labor relations as obtained from Public Employment Relations Board decisions, New York State Court decisions, relevant Administrative agency decisions and other similar sources. {e} Management and supervisory training in connection with employee corrective action, contract administration and other topics agreed upon by the parties in an amount not to exceed one (1) day per calendar year. 2. ROEMER WALLENS GOLD & NUNEAUX hereby agrees that it will provide the TOWN, as requested by the TOWN, with those services not specifically covered by this Agreement, such as document preparation, negotiating settlements of disciplinary matters, grievances and other matters upon request, representation at the final step in administrative disciplinary proceedings against employees, representation at the final step in contract grievance proceedings, representation at hearings before the Public Employment Relations Board, including the preparation of documents prepared in lieu of a hearing, hearing preparation and settlement negotiations, as well as representation in labor related litigation in New York and Federal Courts at the following rates: Partner and Senior Associate Attorney In years 2024 and 2025, the hourly rate will be $270.00. In years 2026 and 2027, the hourly rate will be $280.00. Associate Attornev In years 2024 and 2025, the hourly rate will be $230.00. In years 2026 and 2027, the hourly rate will be $240.00. Paralegal In years 2024 and 2025, the hourly rate will be S 140.00. In years 2026 and 2027, the hourly rate will be $145.00. The foregoing includes disbursements such as postage for letters, in-house photocopy costs, local telephone charges and faxes_ The foregoing shall be exclusive of normal disbursements paid by the firm on behalf of the TOWN, such as court filing fees, computer research, consultants, appraisers, arbitration panel selection fees, out -of -office copy charges, express delivery charges and the like. 3. The TOWN and ROEMER WALLENS GOLD & MINEAUX agree that those representatives of ROEMER WALLENS GOLD & MINEAUX who perform services pursuant to this Agreement shall be approved in advance by the TOWN. 4. That in consideration of the foregoing, the TOWN hereby agrees to compensate ROEMER WALLENS GOLD & MINEAUX (inclusive of normal disbursements) as follows: a) One Thousand Nine Hundred Fifty Dollars ($1,950.00) per month from April 1, 2024 through March 31, 2025. b) Two Thousand Twenty -Five Dollars ($2,025.00) per month from April 1, 2025 through March 31, 2026. c) Two Thousand One Hundred Dollars ($2,100.00) per month from April 1, 2026 through March 31, 2027. 5. The term of this Agreement shall be from April 1, 2024 through March 31, 2027. The TOWN may terminate this Agreement earlier than March 31, 2027 upon thirty (30) days written notice from the TOWN to ROEMER WALLENS GOLD & MINEAUX. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. TOWN OF WAPPINGER o e By: eph D. Cavaccini, Supervisor ROEMER WALLENS GOLD & MINEAUX LLP I: James W. Roemer, Jr., Partner NEGOTIATION SERVICES Exhibit "A" The need for thorough preparation prior to the commencement of actual bargaining is often overlooked. We believe that preparation is a key element in assuring a successful outcome to the negotiation process. Preparation includes: • Reviewing the existing contract and offering advice regarding suggested modifications • Reviewing the existing work rules and practices • Reviewing grievances filed and arbitration decisions • Reviewing the demands presented by both Union and Management in the last negotiations • Reviewing the history of other benefit changes over the past six years • Reviewing the most recent settlements in similarly situated jurisdictions • Meeting with first line supervisors to ascertain their needs - both changes to the existing contract, as well as the needed additions to the contract • Meeting with senior officials to determine their needs and review the findings resulting from meetings with line supervisors IIB. Preparation of Demands II This phase of the process is flexible and is adapted to the needs of each jurisdiction. Generally, we recommend that Labor Counsel prepare suggested demands and that those demands be reviewed by you and modified to suit your needs. 11C. Selection of Negotiating Team I I We recommend that a cross-section of management representatives be appointed to the negotiating team so that the entire negotiating process can be "felt" at all levels of management. Managers appreciate the process to a much greater degree if they know and trust those who were directly involved. D. Participation in Negotiations a� .Q The negotiations are made much easier by careful planning and research as typified in "A", "B", and "C" above. We will participate fully in all phases of negotiations including renegotiation preparatory sessions, face-to-face meetings at the bargaining table, management caucuses, and, it _ necessary, the impasse process. We will maintain a detailed record of the negotiations for use in o future proceedings. ~ a� Communications Meetings with key management personnel will be scheduled throughout the negotiating process to inform them of progress in the negotiations and to recommend position modifications. F. - Drafting the Contract All changes agreed upon in the negotiations process will be reduced to contract language which accurately reflects the agreement and is readily understood by Union and Management representatives, as well as those important persons not present at the bargaining table such as arbitrators. G. Ratification After a tentative agreement has been entered into, it must be presented to and approved by the appropriate Legislative body. We will appear before such body and make all necessary presentations to explain the proposed agreement_ H. Conduct Management Information Sessions At the conclusion of negotiations it is extremely important that all changes be identified and explained to supervisors and managers. General information on reasons for the changes or failure to achieve desired changes must be explained so that managers are fully supportive of the new contract. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-94 Meeting: 03/11/24 07:00 PM Department: Town Board Category: Misc Town Board Decisions Prepared By: Lori McConologue Initiator: Graciela Robinson Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6148 Resolution Adopting Parks and Recreation Fees For the 2024 Calendar Year NOW PHEgkEg=ORE BE T RESOLVED, that the Towirr Boaird Iheir lby adop is�the foIlllow� irrgIp, ir'ks airrd r'ecir atioirr fees foir, the caeirrdair veair, 2024 : Facility Rental(Per Use) 2024 Athletic Field 2024 Rental(3hr) *For Organized Activities/Teams* Carnwath Farms Park- $100 Robinson Lane Grass $50 Event Rental Baseball Fields Carnwath Farms Park- $30 Inspiration Field * Use $0 Instructor Rental only by qualifying groups* Castle Point Pavilion $125 Martz Field Baseball $25 Field Martz Field Pavilion $150 Castle Point Baseball $50 Field Quiet Acres Pavilion $75 Martz Field Tennis/ $30 Pickleball Courts (per ct) Schlathaus Park $150 Martz Field Sand $40 (Including Bandshell) Volleyball Courts (per ct) Spook Hill Pavilion $125 Martz Field Basketball $30 Court (full court) Reese Park Pavilion $75 Castle Point Basketball $25 Court Airport Park Pavilion- X Card Rd Basketball $25 NOT FOR RENT Court Additional Facility Spookhill Park $25 Rental Fees Basketball Court Vendor Events with <10 $50 Soccer Field $50 Vendors (Airport/Rockingham) Vendor Events with 11- $75 Additional Field Rental 20 Vendors Fees Vendor Events with 21- $100 Baseball Field Lights $200 30 Vendors (where available) Updated: 3/7/2024 1:17 PM by Joseph P. Paoloni Page 1 Resolution 2024-94 Meeting of March 11, 2024 Events with 30+ Vendors $150 Special Permit to Serve $50 Alcohol *At public events with vendors, does not apply to pavilion rentals* Summer Camp Recreation Events 2024 Per 7 Week Session* Does not 2024 Prior Carni "fall" pricing include Trips and Special Days was for the whole weekend now would be per day* Resident- Regular Hours $400 Craft Fair Vendor Space $30 1 st Child Resident -Regular Hours $350 Carni "fall" Food Vendor $30 2nd Child Resident -Regular Hours $300 Carni "fall" Non -Profit $15 3rd+ Child Resident -Extended $500 Carni "fall" Govt Agency $0 Hours 1 st Child Resident -Extended $450 Carni "fall" For Profit $25 Hours 2nd Child Resident -Extended $400 Hours 3rd+Child Non -Resident Regular $450 Hours 1 st Child Non -Resident Regular $400 Hours 2nd Child Non -Resident Regular $350 Hours 3rd+ Child Non -Resident Extended $550 Hours 1 st Child Non -Resident Extended $500 Hours 2nd Child Non -Resident Extended $450 Hours 3rd+Child Updated: 3/7/2024 1:17 PM by Joseph P. Paoloni Page 2 Resolution 2024-94 RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman Meeting of March 11, 2024 AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 3/7/2024 1:17 PM by Joseph P. Paoloni Page 3 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-95 Meeting: 03/11/24 07:00 PM Department: Town Clerk Category: Appropriations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6151 Resolution Amending Purchase Amount To Purchase Real Property Adjacent To Reese Park WHEREAS, Resolution 2023-135 authorized $150,000.00 to purchase the property located at 2513 Route 9D contains 1.6 acres and abuts Reese Parka nd would provide additional access from Route 9D into the park, and WHEREAS, the owner of the property wishes to sell the property to the Town and a contract of sale has been presented to the Town Board for its approval with a purchase price of $150,000 as well as the costs of the property line survey and the seller's fees incurred through this process, and WHEREAS, the Town Board is considering using unallocated B Fund balance to purchase the property so that it may be used for park purposes and not developed in the future, and WHEREAS, the Attorneyto the Town has reviewed the form of the contract and all documents related to the purchase of the property, and WHEREAS, the seller has asked the Town to consider covering their legal fees, and NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes an additional $2,775.00 toward the purchase of the property located at 2513 Route 9D. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 3/7/2024 11:51 AM by Joseph P. Paoloni Page 1 PRELIMINARY CLOSING STATEMENT Transaction: Town of Wappinger, as "Purchaser" from Estate of Hugo Von Burg, as "Seller" Premises: 2513 Route 9D, Wappingers Falls, New York 12590 Tax Map Designation: Section 6157 Block 01 Lot 238924 Section 6157 Block 05 Lot 243929 Closing: March 12, 2024, at 11:00 a.m. at the Law Offices of Gil & Cantor, Attorney for Seller, 62 East Main Street, Wappingers Falls, New York 12590, Tel: (845) 297-7777 Title Company Parties to Closing: Queen City Abstract Corp., 35 LaGrange Avenue, Poughkeepsie, New York 12603, Tel: (845) 452-2740, Fax: (845) 452-2747, Title No. QC10947 T/O Wappinger Michael T. Liguori, Esq Brenda L. Von Burg Hugo R. Von Burg, Jr. Catherine M. Friedman Sara E. Von Burg, f/k/a Sara E. Jedlicka Susan R. Brought Omer Gil, Esq. Katie Diedrich - Purchaser - Attorney for Purchaser - Heir of Seller - Heir of Seller - Heir of Seller - Heir of Seller - Heir of Seller - Attorney for Seller - Title Closer Adjustments as of March 12, 2024, as agreed upon with Seller's Attorney 1. Credits due Seller Purchase Price $ 150,000.00 2024 Town & County Tax (Lot 238924) 1,619.55 $2,003.87/365 = $5.49 per day 03/12/24 —12/31/24 = 295 days 2024 Town & County Tax (Lot 243929) 2.95 $3.18/365 = $.01 per day 03/12/24 —12/31/24 = 295 days 2023/2024 School Taxes (Lot 238924) 1,345.32 $4,435.42/365 = $12.12 per day 03/12/24 — 06/30/24 = 111 days 2023/2024 School Taxes (Lot 243929) 4.44 $14.93/365 = $0.04 per day 03/12/24 — 06/30/24 = 111 days 2023/2024 Village Tax $ 1.62 $8.03/365 = $0.02 per day 03/12/24 — 05/31/24 = 81 days Total: $ 152,973.88 2. Credits due Purchaser Downpayment Total: $ 0.00 3. Amount due Seller Credits due Seller $ 152,973.88 Credits due Purchaser 0.00 Total: $ 152,973.88 4. Payment of Balance due Seller TBD Total: $ 152,973.88 5. Purchaser's Disbursements due at Closing Check payable to Queen City Abstract Corp. for Purchaser's title $ 1,177.38 charges Check payable to Katie Diedrich for title closer attendance fee 250.00 Check payable to Geologic Land Surveying, PLLC for survey invoice 2,350.00 Check payable to Hogan, Rossi & Liguori for legal fees & disbursements 775.00 Check payable to Queens City Abstract for NYS transfer tax 600.00 Check payable Gil & Cantor, P.C., for Seller's legal fees 2,175.00 w/rev Total: $7,327.38 6. Breakdown of Funds Owed at Closinz Total Amount due Seller $152,973.88 Total Disbursements due at Closing + 7,327.38 Total Amount due at Closing $160,301.26 Q