Loading...
2024-04-08Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappingerny.gov Joseph Paoloni (845)297-5772 Monday, April 8, 2024 6:00 PM Town Hall Call to Order 6:00 PM Attendee Name Organization Title Status Arrived Joseph D. Cavaccini Town of Wappinger Supervisor Present 6:00 PM William H. Beale Town of Wappinger Councilman Present 7:00 PM Angela Bettina Town of Wappinger Councilwoman Present 6:00 PM Christopher Phillips Town of Wappinger Councilman Present 6:00 PM Al Casella Town of Wappinger Councilman Present 6:00 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 1:30 PM Lori McConolo ue Town of Wappinger Deputy Town Clerk Present 8:30 AM Executive Session - Contract Negotiation and to Interview Candidates 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella III. Opening Items - For Public Meeting starting at 7:00 PM 1. Salute to the Flag 2. Invocation by Pastor Ray Weickel from Vineyard Community Church 3. A moment of silent meditation for former town employee Charlie Reinhart Town of Wappinger Page I Printed 4/18/2024 Regular Meeting Minutes April 8, 2024 IV. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of March 25, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella V. Public Portion 1. Motion To: Open Public Portion COMMENTS - Current Meeting: General comments were made by residents, the details are available on the video on the Town's website. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella VI. Discussions 1. Bleachers — Cavaccini/Frazier Steve Frazier addressed the board with regard to the bleachers at some of our parks with steel or aluminum that last longer than wood. Councilman Casella asked for the costs to replace half of the bleachers. Councilman Beale said that some bleachers are 30 years old and made of wood. 2. Completion of Spook Hill Park — Cavaccini/Fulton Town of Wappinger Page 2 Printed 4/18/2024 Regular Meeting Minutes April 8, 2024 Director Fulton addressed the board to discuss Spook Hill Park exercise equipment, basketball court, and walking track. VII. Resolutions -Consent RESOLUTION: 2024-101 Resolution Authorizing Execution Of Dog Control Housing Agreement WHEREAS, the Town Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law §118, and WHEREAS, pursuant to Agriculture and Markets Law §118 (3), dogs seized by the Town Dog Control Officer are required to be pro perlysheltered, fed and watered during the redemption period, and WHEREAS, CARE of DC, Inc. and Mutts Mansion Inc. (hereinafter CARE/Mutts) maintains a kennel for boarding of dogs and other animals at its office located at 1031 Route 376, Wappingers Falls, New York 12590, and WHEREAS, in accordance with Agriculture and markets Law § 115(2), the Town Board wishes to contract with CARE/Mutts to provide shelter for dogs seized by the Dog Control Officer, and WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement with CARE/Mutts to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town, and WHEREAS, a Dog Control Housing Agreement has been presented to the Town, a copy of which is annexed hereto, and WHEREAS, the Town determines that it is in the best interest of the Town to enter into said Dog Control Housing Agreement as above-described, and NOW, THEREFORE, BE IT RESOLVED, that the Dog Control Housing Agreement is hereby approved, and the Town Supervisor is hereby authorized and directed to execute the above-described agreement in the form annexed hereto with such changes as the Town Supervisor may deem advisable in consultation with the Town Attorney, and NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to forward a copy of the Agreement to CARE/Mutts alongwith a certified copy of this Resolution. The foregoing was put to a vote which resulted as follows: V Vote Record - Resolution RES -2024-101 Yes/Aye„ Absent Q Adopted „ ,,,, ,,,, ,,,,,,,,,,,,, ,,,,,,,,,,,,,,, , ,,,,,,,,, „No/Nay „Abstain ❑ Adopted as AmendedJoseph D. Cavaccim Voter „ Q ...... ❑ .. ...,... .. ❑ ❑ ❑ Defeated William H. Beale ......................... Voter Q ❑ ...... ❑ .... ....... ❑ ... ❑ Tabled Angela Bettina Seconder Q ❑ ❑ ❑ ❑ WithdrawnChristopherPhilliPs Voter Q ❑ 0 0 Al Casella Mover Q ❑ o 0 Dated: Wappingers Falls, New York April 08, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-102 Resolution Authorizing The Town Supervisor To Execute Right Of Way Agreements Town of Wappinger Page 3 Printed 4/18/2024 Regular Meeting Minutes April 8, 2024 WHEREAS, on October 16, 2023, the Planning Board adopted a Resolution of Site Development Plan and a Special Use Permit for one small cell facility on Kent Road, and WHEREAS, on January 11, 2024, the Planning Board adopted a Resolution of Site Development Plan and a Special Use Permit for one small cell facility on Spook Hill Road, and WHEREAS, the two small cell facilities are located on approximately four (4) square feet of space along the Kent Road and Spook Hill Road Town owned rights of way, and WHEREAS, each of the two small cell facilities include the installation of a 43' wooden utility pole with an antenna located at the top of the utility pole for a total structure height of 46.2', and NOW THEREFORE BE IT RESOLVED, that the two Right of Way Agreements are hereby approved, and the Town Supervisor is hereby authorized and directed to execute the above described agreement in the form annexed hereto with such changes as the Town Supervisor may deem advisable in consultation with the Town Attorney. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-102 Q Adopted Yes/Aye No/Nay Abstain Absent Q Adopted Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Adopted as Amended Joseph D. Cavaccini.. . Voter ...... .... Q ...... ❑ ..... .... ❑ .... ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ . ...... ................ ❑ ❑ Tabled .Angela Bettina Secondei Q ❑ ❑ ❑ ❑ WithdrawnChristopher Phillips ........................................Mover Voter .. ,........ Q ....... , ....... ❑ ❑ ....... ,....... ❑ ..... AlCasella Q ❑........,........ ❑ ❑ Dated: Wappingers Falls, New York April 08, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-104 Resolution Declaring April As Autism Awareness Month In The Town Of Wappinger WHEREAS, although new medicines and therapies may enhance life for some time for people with Autism more work is needed for a cure, and WHEREAS, increased education and research are needed to help find more effective treatments with fewer side effects and ultimately a cure for Autism, and WHEREAS, a multidisciplinary approach to Autism disease care includes local wellness, support and caregiver groups, and WHEREAS, April has been proclaimed as World Wide Autism Awareness Month for all to recognize the need for more research and help in dealingwith the devastating effects of Autism, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby recognize and proclaim April as Autism Awareness Month and does offer its endorsement to the efforts of the National Institutes of Health. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-104 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ o 0 ❑ Tabled Angela Bettina ............................ Seconder Q ...... ❑ .......,....... ❑...... ❑ .... ❑ Withdrawn .......................Voter....,........Q..... Christopher Phillips ❑................❑..... ...... "d-1-1-1-1-1-1 Town of Wappinger Page 4 Printed 4/18/2024 Regular Meeting Minutes April 8, 2024 Al Casella Mover El ❑ ❑ ❑ Dated: Wappingers Falls, New York April 08, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-105 Resolution Directing The Removal Of Unsafe Structure WHEREAS, the Town Board of the Town of Wappinger has been advised by its Building Department that a certain unsafe structure exists at 16 Dogwood Hill, Wappingers Falls, New York; and WHEREAS, in response, the Town Board caused its structural engineer to review and report on the condition, which was culminated in the June 29, 2023 letter of Larry Werts, P.E. of CPL, wherein it was confirmed that the structure was unsafe and directed the Building Department to take efforts to cause the Owner to remove the structure; and WHEREAS, the Building Department has made numerous attempts to cause the Owner to remove the structure, including providing the required notices in accordance with Chapter 93-7 of the Wappinger Town Code, which attempts have been unsuccessful; and WHEREAS, the unsafe structure is now an emergency condition and the Building Inspector has requested that the Town Board authorize its removal pursuant to Chapter 93-11 of the Wappinger Town Code. NOW, THEREFORE, BE IT RESOLVED, that based on the information provided to it from its structural engineer and Building Department, the Town Board hereby authorizes and directs the Building Department to have the unsafe structure removed. All costs for same shall be assessed to the Owner pursuant to Chapter 93-10 of the Wappinger Town Code. BE IT FURTHER RESOLVED, prior to said removal, the Town Attorney is hereby directed to file a copy of the notice provided to the Owner pursuant Chapter 93-7 of the Wappinger Town Code with the Dutchess County Clerk. The foregoing was put to a vote which resulted as follows: .a Vote Record - Resolution RES -2024-105 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale ......................... Mover ............Q ...... ......❑ ............... ❑.................. .... ❑ .... Q Tabled Angela Bettina...........................Seconder Q ..... ❑ ..... ❑...... ❑ ..... ❑ Withdrawn Christopher Phillips Voter Q ❑ ❑ ❑ Next: 5/13/24 7:00 PM „ .... .............................................................................„. Al Casella Voter Q ❑ ❑ ..... ❑ Dated: Wappingers Falls, New York April 08, 2024 Town of Wappinger Page 5 Printed 4/18/2024 Regular Meeting Minutes April 8, 2024 The Resolution is hereby duly declared Tabled. RESOLUTION: 2024-106 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log �-CcorrespondenceL - 2 24-04-08 To From ante I [tate Rec' Re: Agenda Rate 84-88-881 Tom Board hlichoias C. Maselli 4J2120241 413121024 Torn Justice Morithly Report, March 21024 402824 84 88 882 Town Board Heather L. Kitchen 41112824 41312824 Torn Justice Morithly Report, March 2824 41812824 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-106 Yes/Aye No/Nay Abstain Absent Q Adopted .. ❑ Adopted as AmendedJoseph D. Cavaccini Voter ....... .....Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale ................... ..... Q .... ......❑...............❑ .... .....❑..... ❑ Tabled nge Ala Bettina Seconder El ❑ ❑ ❑ ❑ Withdrawn Christopherphillips Voter Q ❑ ................ ❑ ❑ Al Casella Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 08, 2024 The Resolution is hereby duly declared Adopted. VIII. Non Consent Resolutions RESOLUTION: 2024-103 Resolution Authorizing Work To Be Performed At Airport Park To Activate Well Head WHEREAS, Airport Park is home to the Wappinger United Soccer Club and the Town's soccer field facilities, and WHEREAS, improvements were made to Airport Park in the 1990s including parking, a concession stand building, and awell that was never connected, and WHEREAS, it is the intent of the Town Board to activate this well head to offer water at Airport Park, and NOW THEREFORE BE IT RESOLVED, that the Town Board accepts the quote dated, March 25, 2024, from the Water and Sewer operator to the Town, CAMO Pollution Control, Inc., of $13,200.00 to install a pump system to activate the well head at Airport Park. Town of Wappinger Page 6 Printed 4/18/2024 Regular Meeting Minutes April 8, 2024 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-103 Yes/Aye No/Nay Abstain Absent Q Adopted .......... ....... ..... . ❑ Adopted as Amended Joseph D. Cavaccim Votex Q ❑ ❑ ❑ ❑ Defeated William H . Beale„ Secondei Q ❑ ❑ ❑ . ❑ Tabled Angela Bettina ... ....................... Voter.. El .... ❑ .... ❑...... 0. ❑ Withdrawn Christopher Phillips .................................. Voter .. ,........ ❑ ....... ,....... ❑ Q ....... ,....... ❑ ..... AlCasella Mover Q ❑........,........❑ ❑ Dated: Wappingers Falls, New York April 08, 2024 The Resolution is hereby duly declared Adopted. IX. Items for Special Consideration/New Business X. Adjournment Motion To: Wappinger Adjournment & Signature COMMENTS - Current Meeting: The meeting adjourned at 8:03 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Town of Wappinger Page 7 Printed 4/18/2024 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-101 Meeting: 04/08/24 06:00 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6159 Resolution Authorizing Execution Of Dog Control Housing Agreement WHEREAS, the Town Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law §118, and WHEREAS, pursuant to Agriculture and Markets Law §118 (3), dogs seized by the Town Dog Control Officer are required to be pro perlysheltered, fed and watered during the redemption period, and WHEREAS, CARE of DC, Inc. and Mutts Mansion Inc. (hereinafter CARE/Mutts) maintains a kennel for boarding of dogs and other animals at its office located at 1031 Route 376, Wappingers Falls, New York 12590, and WHEREAS, in accordance with Agriculture and markets Law § 115(2), the Town Board wishes to contract with CARE/Mutts to provide shelter for dogs seized by the Dog Control Officer, and WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement with CARE/Mutts to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town, and WHEREAS, a Dog Control Housing Agreement has been presented to the Town, a copy of which is annexed hereto, and WHEREAS, the Town determines that it is in the best interest of the Town to enter into said Dog Control Housing Agreement as above-described, and NOW, THEREFORE, BE IT RESOLVED, that the Dog Control Housing Agreement is hereby approved, and the Town Supervisor is hereby authorized and directed to execute the above-described agreement in the form annexed hereto with such changes as the Town Supervisor may deem advisable in consultation with the Town Attorney, and NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to forward a copy of the Agreement to CARE/Mutts alongwith a certified copy of this Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 4/3/2024 9:56 AM by Joseph P. Paoloni Page 1 N THIS AGREEMENT, made this day of 2024, by and I - COMPASSIONATE ANIMAL RESCUE EFFORTS OF DUTCHESS COUNTY INC. 0 A non-profit 501(c)(3), and MUTTS MANSION INC. (THE BOARDING FACILITY) having an address of 1031 Route 376, Wappinger Falls, NY 12590 Hereinafter referred to as CARE OF DC/MUTTS .2 and 0 TOWN OF WAPPINGER having an address of 20 Middlebush Road, Wappinger, NY 12590 A municipal corporation Q Hereinafter referred to as the "TOWN" It - 4 04 Q N co W WHEREAS, the TOWN OF WAPPINGER Animal Control Officer, hereinafter referred to as the "ACO"' is empowered to seize dogs pursuant to the provisions of Agriculture and Markets Law Article 7, Section 117; and N WHEREAS, this Agreement applies only to dog(s) seized by the ACO; and WHEREAS, pursuant to Agriculture and Markets Law Article 7, Section 117, dogs seized by the ACO are required to be property fed and provided water during the applicable redemption period; and WHEREAS, CARE OF DC/MUTTS maintains a kennel for boarding dogs and other animals at its rescue located at 1031 Route 376, Wappinger Falls, NY 12590; and WHEREAS, the TOWN wishes to contract with CARE OF DC/MUTTS to provide shelter for dogs seized by the ACO upon terms and conditions hereinafter set forth. NOW, THEREFORE, it is hereby agreed by and between CARE OF DC/MUTTS and the TO" as follows: 1. RECITATION INCORPORATED: These recitations above set forth are incorporated in this Agreement as if fully set forth and recited herein. 2. TERM OF AGREEMENT: This Agreement shall become effective on January I It, 2024 and shall continue until December 31, 2024. This agreement may be terminated by either party upon thirty (30) days written notice to the owner. This agreement may be extended from year to year by agreement of the parties. 3. BOARDING: CARE OF DC/MUTTS hereby agrees to provide boarding, which includes shelter, food and water, as required by the Law for the following dogs; a. -Any and all dogs running at large (unidentified) seized by the ACO as outlined by the Agriculture and Markets Law Article 7, Section 11 7(l) & (2); and b. -Any and all dogs who have been seized by a court order pending a "dangerous dog" hearing, outlined by the Agriculture and Markets Law -Article 7, Section 123(2) U 4) All unidentified dogs seized by the ACO shall be delivered to CARE OF DC/MUTTS at 1031 X W Route 376, Wappinger Falls, NY 12590. For dogs that can be identified in the field via microchip or community outreach, CARE OF DC/MUTTS asks that the TOWN ACO make every N reasonable attempt to return the dog to the owner, using guidelines set for Agriculture and 0 Markets Law, before bringing the dog to CARE OF DC/MUTTS. This request reflects the national animal shelter policy which strives to keep dogs in their homes. 4. DOGS SEIZED FOR REASONS OTHER THAN Section 117(1) & (2) and Section 123(2): 0 Any and all dogs seized for reasons other than those listed under Article 7, Section 11 7(l) and (2) and Section 123(2), which sections were in full force and effect at the time of this agreement, are not to be boarded and held other than for safekeeping purposes, CARE OF DC/MUTTS must T_ Q It - not refuse to board and hold dogs seized for safekeeping purposes or pursuant to this paragraph. 4 These include dogs seized for reasons such as owner death, car accident, cruelty, owner arrest, N Q etc. Said dogs must be released to the Town of Wappinger Animal Control upon his/her request. C� U) Therefore, the Town of Wappinger Animal Control Officer may make corrections or W amendments to an impoundment form if a determination is made that the reasons for dog seizure are for reasons other than pursuant to Section 117(1) & (2) and Section 123(2). The holding N periods for unidentified and identified dogs pursuant to Section 1] 7(4) & (6) respectively, will W be applicable. C� 5. HOLDING PERIOD: In order to provide the owners, a reasonable time period in which to reclaim their seized dog, U 0) CARE OF DC/MUTTS and the TOWN agree to the following: X W 21 a. -For dogs running at large (unidentified): 1. Dogs that are not appropriately identified, as outlined by the Agriculture and Markets Law Article 7, Section 117(4), will be held for five (5) business days from the date they enter the shelter. N Q 2. Dogs that are appropriately identified, as outlined by the Agriculture and Markets Law Article N 7, Section 117(6), will be held for a maximum of nine (9) business days from the date they enter the shelter. The TO" is responsible for notifying the owner of the seizure, as per the E 0) Agriculture and Markets Law Article 7, Section 117(6). 3. Upon expiration of the above stated holding periods, any and all dogs that have NOT been < redeemed by their owner, will become the property of CARE OF DC/MUTTS, as outlined by the Agriculture and Markets Law Article 7, Section 1.17(7-a). b. -For dogs seized under a court order pending a "'dangerous dog hearing", as outlined by 0 X the Agriculture and Markets Law Article 7, Section 123(2), said dogs will be held until final disposition by the court OR a maximum of fourteen (14) days, whichever cornes first. If the final 0 L) hearing has, not been held by the end of the fourteenth day, the TOWN will be responsible for 0) making alternate arrangements for the housing of such dogs. CARE OF DC/MUTTS may 0 consider continued housing on a case-by-case basis to be negotiated with the TOWN. If it is agreed by both parties that the dog shall be euthanized, either pursuant to a Court order or otherwise, said costs of euthanasia procedure shall be the responsibility of the TOWN. c.- For dogs that are being held for a 10 -day Rabies observation period: 1. CARE OF DC/MUTTS may take ownership of said dog upon expiration of the I 0 -day Rabies 2 holding period if there is no owner to reclaim said dog; or 2. If an owner becomes known to CARE OF DC/MUTTS or the TOWN, the owner may reclaim said dog during the 10 -day rabies observation holding period if the Dutchess County Department of Community and Behavioral Health provides written approval of the dog's release to its owner, 6. UNCLAIMED DOG DISPOSITION: U_ 0 Unclaimed dogs will be evaluated by CARE OF DC/MUTTS to determine if a dog's disposition 6 and temperament will enable it to be adopted. If the dog is determined to be adoptable, it will be < placed for adoption by CARE OF DC/MUTTS. If the dog is determined to not be adoptable, CARE OF DC/MUTTS will determine the best option for the dog. If it is determined that the dog shall be euthanized, either pursuant to a Court order or otherwise, said costs of euthanasia 0 procedure shall NOT be the responsibility of the TOWN. The TO" shall not be liable for determinations made by CARE OF DC/MUTTS pursuant to this paragraph. 7. VACCINATIONS: Q As outlined by the Agriculture and Markets Law Article 7, Section 109(1)(a), for all dogs that 4 are to be redeemed, the owner must provide proof of Town license, including proof of Rabies N Q C� vaccination. As such, CARE OF DC/MUTTS Will not release any dog to its owner without proof U) of the current Town license and the Rabies vaccination. In the event that the dog is not up to date W on its Rabies vaccine and/or the owner is unable to provide proof of such vaccine to the TO", then CARE OF DC/MUTTS will administer a Rabies vaccine to the dog prior to redemption and N will charge the owner for the cost of this service. W C� As a requirement for dog(s) to be boarded at CARE OF DC/MUTTS, the dog(s) will receive the following three (3) vaccines upon their arrival. There will be no exceptions to this vaccination rule, unless an immediate record of the dog being up to date on all vaccines is provided. 1. Rabies Vaccination- Fifteen Dollars ($15.00) 2. Distemper Vaccination- Twenty -Five Dollars ($25.00) 3. Bordetella Vaccination- Thirty Dollars ($30.00) The owner will be charged for the three (3) vaccines. If there is no owner or said dog is not redeemed by the owner, said vaccine costs shall be borne by CARE OF DC/MUTTS. 8. EMERGENCY VETERINARY CARE: In the event that an impounded dog is determined, by the best judgement of the CARE OF DC/MUTTS medical staff, to need emergency veterinary care, CARE OF DC/MUTTS will arrange medical care for the dog. All expenses related to such care will be the responsibility of the owner. If there is no owner or said dog is not redeemed by the owner, the TOWN will be responsible for medical expenses up to $500. Above and beyond the $500 that the TOWN must reimburse CARE OF DC/MUTTS the remaining said medical costs shall be borne by CARE OF DC/MUT'TS. 9. FEES: a. -Boarding: 1. The CARE OF DC/MUTTS boarding fee shall be THIRTY DOLLARS ($30.00) per day. The first day is charged upon admission to the shelter and each subsequent day is calculated upon the dog being on the CARE OF DC/MUTTS property at 12:00pm each day. 2. For dogs who are reclaimed by their owner, the owner will be required to pay the boarding fee directly to CARE OF DC/MUTTS. If the owner is unable to pay the boarding fee, CARE OF DC/MUTTS will determine whether or not to release the dog on a case-by-case basis. 3. For dogs not redeemed by the owner, CARE OF DC/MUTTS will invoice the TO" for the 3 boarding fee for the period running from the date of seizure until the expiration of the applicable redemption period. b. -Rabies Vaccination: 1. The fee for the Rabies vaccination shall be FIFTEEN ($15.00) DOLLARS, 2. For dogs that are reclaimed by their owner, the owner shall be required to pay the vaccine fee directly to CARE OF DC/MUTTS. 3. For dogs that are not redeemed by the owner, the TOWN will not be billed for the Rabies vaccine. c. -Veterinary Care: 1. For services provided by the CARE OF DC/MUTTS medical team, the CARE OF DC/MUTTS usual and customary fees will be applied. 2. For care that requires services from a community-based veterinarian, the actual fee from the Q veterinarian will be applied. 4 3. For dogs that are reclaimed by their owner, the owner will be required to pay the medical care N Q fees to CARE OF DC/MUTTS. C� 4. For dogs that are not redeemed by the owner, the TOWN will NOT be responsible for any w CARE OF DC/MUTTS administered medical care fees incurred during the redemption holding period. (Note: In the case of Emergency Veterinary Care, the TOWN will be responsible for N medical expenses up to $500 if there is no owner or said dog is not redeemed by the owner.) W C� 10. RECLAIM/REDEMPTION OF DOGS: a. -All owners will be informed by the TOWN and CARE OF DC/MUTTS, of the necessary documentation and redemption, license and/or other fees to be paid in order to reclaim their dog U 0) as well as the process to accomplish this task. The TOWN shall provide such information to the X w owner as part of its notice given pursuant to Paragraph 5 (a)(ii) of the agreement. CARE OF 21 DC/MUTTS will also make every effort to contact the owner if they can be identified. b. -Upon payment of all Town fees, the TOWN wall issue a license tag and certificate for said dog, and a receipt of payment. The owner will be instructed to present this documentation to CARE OF DC/MUTTS in order to reclaim their dog. CARE OF DC/MUTTS will release the dog N Q after proper documentation has been presented and the owner of the dog has signed the dog's N Agriculture and Markets Department Form DL -I8 (or a comparable form), The owner will also be required to pay CARE OF DC/MUTTS directly for the boarding fee and vaccination fees at E 0) the time of reclaiming the dog. 1. CARE OF DC/MUTTS shall be available to process reclaims of dogs Monday -Friday, 9am to Spm. Reclaims will not be processed on federally observed holidays or in cases of inclement weather that results in CARE OF DC/MUTTS closing early. CARE OF DC/MUTTS will also be W available on weekend days from the hours of 10am to 2pm to process reclaims of dogs. 0 X 11, KENNEL SPACE: 0 At all times, CARE OF DC/MUTTS will provide kennel space for all dogs that are seized; the 0 U ACO will have 24-hour access to CARE OF DC/MUTTS kennels for the delivery of dogs. The 0) ACO will also be given the cell phone contact information of the owner of CARE OF 0 DC/MUTTS for after-hours contact and/or emergencies. The ACO will be required to complete the CARE OF DC/MUTTS paperwork, attached to the kennel, and ensure the dog has food, as water and bedding in its kennel. 12. INDEMNIFICATION: sZ CARE OF DC/MUTTS shall defend, indemnify, and hold the TOWN, its officials, officers, and 0 employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses, and expenses including, without limitation, reasonable attorney's fees arising out of the wrongful actions or omissions of CARE OF DC/MUTTS. The TOWN shall defend, indemnify, and hold CARE OF DC/MUTTS, its officials, officers, and employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses, and expenses including, without limitation, reasonable attorney's fees arising out of the wrongful action or omissions of the TOWN. 13. APPLICABLE LAW: This Agreement shall be governed by, construed, and conformed in accordance with the laws of New York State with regard to conflicts of law and principles of laws. 14. WAIVER: No waiver of any breach or any condition of this Agreement shall be binding unless in writing o It - and signed by both parties. No such waiver shall in any way affect any other term or condition of N this Agreement or constitute a cause for reception of such or any other breach unless the waiver N shall specifically include the same. d) W 15. MODIFICATION: This Agreement constitutes the complete understanding of the parties. No modification of any N provisions thereof shall be valid unless in writing and signed by both parties. N 16. NOTICES: All notices, demands, requests, consents, approvals, or other communications required or permitted to be given hereunder to any party to this Agreement shall be in writing and shall be registered or certified mail with return service requested, and/or email. 17. ENTIRE AGREEMENT: This written Agreement, when signed by both parties forms the entire Agreement between the parties and replaces and supersedes all prior Agreements or undertakings between the parties, if any. 18. PAYMENT: All bills properly submitted to the TOWN in accordance with this Agreement will be paid within sixty (60) days. IN WITNESS WHEREOF, the parties have executed this Agreement in two (2) counterparts, each of which shall constitute an original, the day and year first above written. COMPASSIONATE ANIMAL RESCUE EFFORTS OF DUTCHESS COUNTY INC. B— Karen LeCain, Director Date: 03/26/2024 TOWN OF WAPPINGER Joseph D. Cavaccini, Supervisor, Town of Wappinger Date: STATE OF NEW YORK ) SS: COUNTY 0� On the day of , 2024, before me, the undersigned, personally appeared Karen LeClain personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. OTARY PUBLIC ,opeeonnrnr►►®►,►� B� 'y+C1RT " � • pUgG1C z NpTAR`I ® a1M Esq ti55 r, g . .$mob °`®°°►1u�t uu��e00 N. It - 0 It4 N O N U) n u STATE OF NEW YORK ) ) SS: COUNTY OF DUTCHESS ) On the day of , 2024, before me, the undersigned, personally appeared Joseph D. Cavaccini personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC 7 It - CD It4 N O N co Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-102 Meeting: 04/08/24 06:00 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6160 Resolution Authorizing The Town Supervisor To Execute Right Of Way Agreements WHEREAS, on October 16, 2023, the Planning Board adopted a Resolution of Site Development Plan and a Special Use Permit for one small cell facility on Kent Road, and WHEREAS, on January 11, 2024, the Planning Board adopted a Resolution of Site Development Plan and a Special Use Permit for one small cell facility on Spook Hill Road, and WHEREAS, the two small cell facilities are located on approximately four (4) square feet of space along the Kent Road and Spook Hill Road Town owned rights of way, and WHEREAS, each of the two small cell facilities include the installation of a 43' wooden utility pole with an antenna located at the top of the utility pole for a total structure height of 46.2', and NOW THEREFORE BE IT RESOLVED, that the two Right of Way Agreements are hereby approved, and the Town Supervisor is hereby authorized and directed to execute the above described agreement in the form annexed hereto with such changes as the Town Supervisor may deem advisable in consultation with the Town Attorney. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 4/3/2024 12:58 PM by Joseph P. Paoloni Page 1 Aft ATTORNEYS AT LAW EXECUTIVE WOODS, FIVE PALISADES DRIVE, ALBANY, NY 12205 Phone: 518-438-9907 • Fax:518-438-9914 www.youngsommer.com March 22, 2024 Via Federal Express Hon. Joseph D. Cavaccini Town Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Writer's Telephone Extension: ?58 solson@youngsommer.com RE: Verizon Wireless of the East LP d/b/a Verizon Wireless — Proposed Right of Way Agreements for Kent Road and Spook Hill Road Dear Supervisor Cavaccini: I write to follow up with you concerning the proposed Verizon Wireless Right of Way Agreements for two small cell facilities that were recently approved by the Planning Board in late 2023. Because both small cell facilities (described below) are located in the Spook Hill Road and Kent Road rights of way, town roads, Verizon Wireless requests that the town enter into two separate Right of Way Agreements which allow Verizon Wireless to use and occupy approximately four (4) square feet of space in both the Spook Hill Road and Kent Road rights of way fornthe installation and operation of these two (2) small cell facilities. The specific locations of each small cell facility are shown on the respective Right of Way Survey for each facility. Each of the proposed small cell facilities includes the installation of a 43' wooden utility pole with an antenna located at the top of the pole (for a total structure height of 46.2'). Necessary equipment will be located on the lower portion of each pole. The Kent Road facility was previously before the Town Board in December, 2023.The Town Board tabled consideration of the draft resolution to authorize the town to execute the Right of Way Agreement. It was scheduled to be on the January 8, 2024 meeting. Unfortunately, neither of the two Verizon Wireless proposals were considered at the January 8'2' meeting. During the Planning Board's January 11, 2024, the Planning Board's Attorney requested that Verizon Wireless provide a legal description for the proposed facilities for the purpose of identifying the location of each facility within each respective right of way. As requested, we have enclosed a Right of Way Survey which includes legal descriptions for each location. Also enclosed are the draft Right of Way Agreements for each facility with the Survey attached to each one as Exhibit A. Please kindly add these two items to the next available Town Board meeting agenda. Thank you. Very-tluly yours, Scott P. �, kzron, Eso.11f Encl. C: Kyle Barnett, Esq. (via e- RIGHT-OF-WAY AGREEMENT This Right -of -Way Agreement ("Agreement") is entered into between the Town of Wappinger ("Town") and Verizon Wireless of the East LP d/b/a Verizon Wireless ("Verizon") and its successors and assigns. WHEREAS, Verizon wishes to access a portion of the public rights-of-way within the Town's territorial boundaries ("Right -of -Way") to install and operate a new small wireless facility intended to provide communications services to the residents, and emergency services that operate, within the Town; and WHEREAS, Verizon proposes to install and operate a new small wireless facility in the Kent Road Right -of Way, which is a Town Right -of -Way, which facility includes a 46.2' wooden utility pole and related pole -mounted equipment, the general design and location of which are shown on the sketch provided in Exhibit A annexed hereto ("Kent Rd. Facility" or "Facility"); and WHEREAS, on October 16, 2023, the Wappinger Planning Board adopted a Resolution of Site Development Plan and Special Use Permit for the Kent Rd. Facility, in which the Planning Board authorized the installation and operation of the Kent Rd. Facility subject to certain conditions including the condition that Verizon obtain a license agreement from the Town Board of Wappinger for use of the Town Right of Way; and WHEREAS, the Town wishes to enable Verizon to provide its communication services to benefit its residents and emergency services agencies; NOW, THEREFORE, the parties agree as follows: Verizon's use of the Right -of -Way will be to install, maintain, operate, repair, modify, replace, and/or remove from time to time certain communications facilities. The Kent Rd. Facility may include the installation and operation of antennas, radios, wireless microwave and other backhaul equipment, fiber optic cables, conduit, ducts, control boxes, vaults, poles, cables, power sources, and/or other equipment, structures, appurtenances, and improvements. 2. Verizon's use of the Right -of -Way will be consistent with the Town's Right -of -Way management regulations (if any) and all applicable local, state and federal laws and regulations. The Right -of -Way may be used by Verizon, seven (7) days a week, twenty-four (24) hours a day, only for the installation, construction, use, maintenance, operation, repair, modification, replacement and upgrade of the Facility by Verizon from time to time for communications services or to comply with applicable law, and not for any other purpose whatsoever. 4. Verizon shall keep and maintain the Facility in commercially reasonable condition and repair throughout the term; normal wear and tear and casualty excepted. Verizon shall have Rights -of -Way Agreement for Verizon Wireless Page 2 the right to conduct testing and maintenance activities, and repair and replace damaged or malfunctioning Facility at any time during the term. 5. Verizon will obtain permits and pay fees applicable to Verizon's use of the Right -of -Way only as required under the Town's Right -of -Way management regulations and/or any other applicable local, state or federal regulation, including, without limitation, those designed to protect structures in the Right -of -Way, to ensure the proper restoration of the Right-of- Way ight-ofWay and any structures located therein, to provide for protection and the continuity of pedestrian and vehicular traffic, and otherwise to protect the safety of the public's utilization of the Right -of -Way. 6. Verizon may remove the Facility from time to time during the term, in which event Verizon shall provide advance notice thereof to the Town and Verizon shall have no Ri rther obligations or liability (including for the payment of any applicable recurring fees) in connection therewith. 7. Verizon shall remove and relocate its Facility at its own expense to an alternative location made available by Town and acceptable to Verizon not later than one hundred twenty (12 0) days after receiving written notice that removal, relocation, and/or alteration of the Facility (including poles) is necessary due to: a. construction, expansion, repair, relocation, or maintenance of a street or other public improvement project; or b. maintenance, upgrade, expansion, replacement, or relocation of Town traffic light poles and/or traffic signal light system; or c. permanent closure of a street or sell of Town property; or d. projects and programs undertaken to protect or preserve the public health or safety; or e. activities undertaken to eliminate a public nuisance; or f. duty otherwise arising from applicable law. Verizon's duty to remove and relocate its Facility at its expense under this Paragraph 7 is not contingent on the availability of an alternative location acceptable for relocation. Town will make reasonable efforts to provide an alternative location on Right -of -Way for relocation, but regardless of the availability of an alternative site acceptable to Verizon, Verizon shall comply with the notice to remove its Facility as instructed. Verizon and Town shall cooperate to the extent possible to assure continuity of service during relocation of the Facility. If Verizon fails to remove and/or relocate its Facility to the satisfaction of the Town after one hundred twenty (120) days after the date of notice or has not diligently commenced such removal as directed by Town, the Town may remove the Facility at the expense of Verizon. S. Nothing in this Agreement shall be construed as preventing Verizon from recovering the cost of removal and/or relocation of its Facility from a nongovernmental third -party responsible for the removal and/or relocation. Rights -of -Way Agreement for Verizon Wireless Page 3 Any damage to the Right -of -Way or adjacent property caused by Verizon that occurs during the removal and/or relocation of Verizon's Facility shall be promptly repaired or replaced at Verizon's sole expense. Should Verizon not make nor diligently pursue adequate repairs within thirty (30) days of receiving written notice, Town may make all reasonable and necessary repairs on behalf of Verizon, the reasonable and actual costs of which will be charged to Verizon. Verizon shall promptly remit payment of such costs when invoiced by the Town. 10. In case of an emergency due to interference of any unforeseen events, the Town will act to protect the public health and safety of its citizens, and to protect public and private property, notwithstanding any provision in this Agreement. The Town will make every reasonable effort to coordinate its emergency response with Verizon. To that end, the Town will use the following emergency contacts, which may be updated upon notice to the Town: Verizon's network operations center may be reached 2417 at (800) 621-2622. 11. The Facility shall not physically interfere with or cause harmful interference to any of the Town's existing radio facilities located on Town poles. The Town shall not physically interfere with or cause harmful interference to Facility installed by Verizon. Verizon shall coordinate with the Town on any maintenance of Town poles so as not to obstruct or impede the Town's performance of such maintenance. The Town shall contact Verizon's network operations center at the contact information listed in Paragraph 10 to request Verizon's coordination pursuant to this paragraph. 12. The term of this Agreement and the respective Facility License for the Kent Rd. Facility shall be for ten (10) years commencing on the first day of the month in which Verizon begins installation of the Facility ("Commencement Date") and shall automatically renew for four (4) additional five (S) year periods thereafter, unless Verizon notifies the Town of its intent not to renew at least ninety (90) days prior to the end of the then current term. Notwithstanding the foregoing, either party may terminate this Agreement in the event a parry materially breaches a provision herein and the breach is not cured within: sixty (60) days after receipt of written notice thereof from the non -breaching party. If the nature of the breach reasonably requires more than sixty (60) days to cure, the breaching parry will not be in default hereunder if such party promptly commences such cure and is diligently pursuing the same. 13. Notwithstanding anything contained in this Agreement to the contrary, TWO HUNDRED SEVENTY and 00/100 DOLLARS ($270.00) for the Kent Rd. Facility. Verizon shall pay the initial fee on or before the Commencement Date (defined in Paragraph 12) and pay subsequent recurring fees on or before each anniversary of the Commencement Date. Before any recurring fees are paid, the Town shall provide Verizon a completed, current Internal Revenue Service Form W-9 and state and local withholding forms if required. Verizon may make payments by check made out to the order of the Town of Wappinger and sent to the following address or through electronic transfer subject to the Town's approval and necessary bank routing instructions. Rights -of -Way Agreement for Verizon Wireless Page 4 Town of Wappinger] [DEPARTMENT] '[Attu '[NAME/'TITLE}] [ADDRESS]' 14. If any federal, state, or local laws or regulations (including, but not limited to, those issued by the Federal Communications Commission or its successor agency) and any binding judicial interpretations thereof (collectively, "Laws") that govern any aspect of the rights or obligations of the parties under this Agreement shall change after the effective date and such change makes any aspect of such rights or obligations inconsistent with the then - effective Laws, then the parties agree to promptly amend the Agreement as reasonably required to accommodate and/or ensure compliance with any such legal or regulatory change. 15. Verizon shall indemnify, defend, and hold harmless, the Town and its elected officials, employees, officers, and directors ("Indemnitees"), from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death, and properly damage, made upon or incurred by the Town and arising out of a third -party claim to the extent that such third -party claim is caused by any negligent acts or omissions of Verizon while in the exercise of the rights or performance of the duties under this Agreement. The indemnity provided for in this paragraph shall not apply to any liability resulting or arising from the negligence of the Town or an Indemnitee. The Town shall give prompt written notice to Verizon of any claim for which the Town seeks indemnification. Verizon shall have the right to investigate, defend, and compromise these claims with prompt notice to the Town's attorney. 16. Neither party shall be liable for consequential, indirect, or punitive damages (including lost revenues, loss of equipment, interruption or loss of service, or loss of data) for any cause of action, whether in contract, tort, or otherwise, even if the party was or should have been aware of the possibility of these damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise. 17. Verizon shall, and shall require its contractors and subcontractors to obtain and maintain substantially the same coverage as required of Verizon with limits commensurate with the work or service to be provided, obtain and maintain at all times during the term of this Agreement, Commercial General Liability Insurance including contractual liability, independent contractors and explosion, collapse and underground coverages with limits of $6,000,000 per occurrence, $6,000,000 general aggregate. 18. Verizon shall obtain and maintain at all times during which work occurs under this Agreement, Workers' Compensation in compliance with the statutory requirements of the state of operation and employer's liability insurance with a limit of $1,000,000 each accident/disease/policy limit. Certificates of such insurance shall be provided to the Town on New York State mandated forms. Rights -of -Way Agreement for Verizon Wireless Page 5 19. Notices required by this Agreement may be given by registered or certified mail by depositing the same in the United States mail, postage prepaid, or by commercial overnight courier. Either party shall have the right, by giving written notice to the other, to change the address at which its notices are to be received. Until any such change is made, notices shall be delivered as follows: If to Town: Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Attn: [Director of Public Works] If to Verizon: Verizon Wireless of the East LP d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attn: Network Real Estate With a copy to: Attn: [ 1' With a copy to: Verizon Wireless of the East LP d/b/a Verizon Wireless [ADDRESS] Attn: Legal Dept. 20. The provisions of this Agreement shall be construed under, and in accordance with, the laws of the State of New York, without regard to its conflict -of -laws principles, and all obligations of the parties created hereunder shall be performed in the County in which the Town is located. Therefore, in the event any court action is brought directly or indirectly by reason of this Agreement, the courts of such County shall have jurisdiction over the dispute and venue shall be in such County. 21. If any law, ordinance, regulation, or court decision renders any provision of this Agreement invalid, the remaining provisions shall remain in full force and effect. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. This Agreement is the complete and exclusive statement of the parties' agreement with respect to the subject matter and supersedes all other oral and written agreements or communications between the parties prior to the execution of this Agreement relating to this subject matter. This Agreement will not be deemed to provide third parties with any remedy, claim, right of action or other right. This Agreement may be executed and delivered in multiple counterparts, each of which is an original. 22. This Agreement shall take effect on the date that is the later of the dates on which each of the parties have executed this Agreement. 23. Based on the foregoing, the Town hereby grants Verizon the right to use, occupy and access that portion of the Right -of Way for the purpose of installing, operating and maintaining the Kent Rd. Facility subject to the terms and conditions set forth herein. Rights -of -Way Agreement for Verizon Wireless Page 6 IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have executed this Agreement as of the dates below. TOWN OF WAPPINGER VERIZON WIRELESS OF THE EAST LP D/B/A VERIZON WIRELESS Signature Signature Dr. Richard L. Thurston, Supervisor Date Name Title Date ATTEST: ATTEST: [NAME], [Town Clerk] Date [NAME]. [TITLE] Date Rights -of -Way Agreement for Verizon Wireless Page 7 EXHIBIT A 04 Q et 04 Q N U) W C (L) E 4) 0 LM C (L) E V M RigAgreement for Verizon Wireless Page 8 RIGHT-OF-WAY AGREEMENT This Right -of -Way Agreement ("Agreement") is entered into between the Town of Wappinger ("Town") and Verizon Wireless of the East LP d/b/a Verizon Wireless ("Verizon") and its successors and assigns. WHEREAS, Verizon wishes to access a portion of the public rights-of-way within the Town's territorial boundaries ("Right -of -Way") to install and operate a new small wireless facility intended to provide communications services to the residents, and emergency services that operate, within the Town; and WHEREAS, Verizon proposes to install and operate a new small wireless facility in the Spook Hill Road Right -of Way, which is a Town Right -of -Way, which facility includes a 46.2' wooden utility pole and related pole -mounted equipment, the general design and location of which are shown on the sketch provided in Exhibit A annexed hereto ("Spook Hill Rd. Facility" or "Facility"); and WHEREAS, on January 11, 2024, the Wappinger Planning Board adopted a Resolution of Site Development Plan and Special Use Permit for the Spook Hill Rd. Facility, in which the Planning Board authorized the installation and operation of the Spook Hill Rd. Facility subject to certain conditions including the condition that Verizon obtain a license agreement from the Town Board of Wappinger for use of the Town Right of Way; and WHEREAS, the Town wishes to enable Verizon to provide its communication services to benefit its residents and emergency services agencies; NOW, THEREFORE, the parties agree as follows: 1. Verizon's use of the Right -of -Way will be to install, maintain, operate, repair, modify, replace, and/or remove from time to time certain communications facilities. The Spook Hill Rd. Facility may include the installation and operation of antennas, radios, wireless microwave and other backhaul equipment, fiber optic cables, conduit, ducts, control boxes, vaults, poles, cables, power sources, and/or other equipment, structures, appurtenances, and improvements. 2. Verizon's use of the Right -of -Way will be consistent with the Town's Right -of -Way management regulations (if any) and all applicable local, state and federal laws and regulations. 3. The Right -of -Way may be used by Verizon, seven (7) days a week, twenty-four (24) hours a day, only for the installation, construction, use, maintenance, operation, repair, modification, replacement and upgrade of the Facility by Verizon from time to time for communications services or to comply with applicable law, and not for any other purpose whatsoever. Rights -of -Way Agreement for Verizon Wireless Page 2 4. Verizon shall keep and maintain the Facility in commercially reasonable condition and repair throughout the term, normal wear and tear and casualty excepted. Verizon shall have the right to conduct testing and maintenance activities, and repair and replace damaged or malfunctioning Facility at any time during the term. 5. Verizon will obtain permits and pay fees applicable to Verizon's use of the Right -of -Way only as required under the Town's Right -of -Way management regulations and/or any other applicable local, state or federal regulation, including, without limitation, those designed to protect structures in the Right -of -Way, to ensure the proper restoration of the Right -of - Way and any structures located therein, to provide for protection and the continuity of pedestrian and vehicular traffic, and otherwise to protect the safety of the public's utilization of the Right -of -Way. 6. Verizon may remove the Facility from time to time during the term, in which event Verizon shall provide advance notice thereof to the Town and Verizon shall have no further obligations or liability (including for the payment of any applicable recurring fees) in connection therewith. 7. Verizon shall remove and relocate its Facility at its own expense to an alternative location made available by Town and acceptable to Verizon not later than one hundred twenty (120) days after receiving written notice that removal, relocation, and/or alteration of the Facility (including poles) is necessary due to: a. construction, expansion, repair, relocation, or maintenance of a street or other public improvement project; or b. maintenance, upgrade, expansion, replacement, or relocation of Town traffic light poles and/or traffic signal light system; or c. permanent closure of a street or sell of Town property; or d. projects and programs undertaken to protect or preserve the public health or safety; or e. activities undertaken to eliminate a public nuisance; or f. duty otherwise arising from applicable law. Verizon's duty to remove and relocate its Facility at its expense under this Paragraph 7 is not contingent on the availability of an alternative location acceptable for relocation. Town will make reasonable efforts to provide an alternative location on Right -of -Way for relocation, but regardless of the availability of an alternative site acceptable to Verizon, Verizon shall comply with the notice to remove its Facility as instructed. Verizon and Town shall cooperate to the extent possible to assure continuity of service during relocation of the Facility. If Verizon fails to remove and/or relocate its Facility to the satisfaction of the Town after one hundred twenty (120) days after the date of notice or has not diligently commenced such removal as directed by Town, the Town may remove the Facility at the expense of Verizon. Rights -of -Way Agreement for Verizon Wireless Page 3 8. Nothing in this Agreement shall be construed as preventing Verizon from recovering the cost of removal and/or relocation of its Facility from a nongovernmental third -party responsible for the removal and/or relocation. 9. Any damage to the Right -of -Way or adjacent property caused by Verizon that occurs during the removal and/or relocation of Verizon's Facility shall be promptly repaired or replaced at Verizon's sole expense. Should Verizon not make nor diligently pursue adequate repairs within thirty (30) days of receiving written notice, Town may make all reasonable and necessary repairs on behalf of Verizon, the reasonable and actual costs of which will be charged to Verizon. Verizon shall promptly remit payment of such costs when invoiced by the Town. 10. In case of an emergency due to interference of any unforeseen events, the Town will act to protect the public health and safety of its citizens, and to protect public and private property, notwithstanding any provision in this Agreement. The Town will make every reasonable effort to coordinate its emergency response with Verizon. To that end, the Town will use the following emergency contacts, which may be updated upon notice to the Town: Verizon's network operations center may be reached 24/7 at (800) 621-2622. 11. The Facility shall not physically interfere with or cause harmful interference to any of the Town's existing radio facilities located on Town poles. The Town shall not physically interfere with or cause harmful interference to Facility installed by Verizon. Verizon shall coordinate with the Town on any maintenance of Town poles so as not to obstruct or impede the Town's performance of such maintenance. The Town shall contact Verizon's network operations center at the contact information listed in Paragraph 10 to request Verizon's coordination pursuant to this paragraph. 12. The term of this Agreement and the respective Facility License for the Spook Hill Rd. Facility shall be for ten (10) years commencing on the first day of the month in which Verizon begins installation of the Facility ("Commencement Date") and shall automatically renew for four (4) additional five (5) year periods thereafter, unless Verizon notifies the Town of its intent not to renew at least ninety (90) days prior to the end of the then current term. Notwithstanding the foregoing, either party may terminate this Agreement in the event a party materially breaches a provision herein and the breach is not cured wither sixty (60) days after receipt of written notice thereof from the non -breaching party. If the nature of the breach reasonably requires more than sixty (60) days to cure, the breaching party will not be in default hereunder if such party promptly commences such cure and is diligently pursuing the same. 13. Notwithstanding anything contained in this Agreement to the contrary, TWO HUNDRED SEVENTY and 00/100 DOLLARS ($270.00) for the Spook Hill Rd. Facility. Verizon shall pay the initial fee on or before the Commencement Date (defined in Paragraph 12) and pay subsequent recurring fees on or before each anniversary of the Commencement Date. Before any recurring fees are paid, the Town shall provide Verizon a completed, current Internal Revenue Service Form W-9 and state and local withholding forms if required. Rights -of -Way Agreement for Verizon Wireless Page 4 Verizon may make payments by check made out to the order of the Town of Wappinger and sent to the following address or through electronic transfer subject to the Town's approval and necessary hank routing instructions. Town of Wappinger] [DEPARTMENT] [Attn: [NAMEITITLE]] [ADDRESS] 14. If any federal, state, or local laws or regulations (including, but not limited to, those issued by the Federal Communications Commission or its successor agency) and any binding judicial interpretations thereof (collectively, "Laws") that govern any aspect of the rights or obligations of the parties under this Agreement shall change after the effective date and such change makes any aspect of such rights or obligations inconsistent with the then - effective Laws, then the parties agree to promptly amend the Agreement as reasonably required to accommodate and/or ensure compliance with any such legal or regulatory change. 15. Verizon shall indemnify, defend, and hold harmless, the Town and its elected officials, employees, officers, and directors ("Indemnitees"), from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death, and property damage, made upon or incurred by the Town and arising out of a third -party claim to the extent that such third -party claim is caused by any negligent acts or omissions of Verizon while in the exercise of the rights or performance of the duties under this Agreement. The indemnity provided for in this paragraph shall not apply to any liability resulting or arising from the negligence of the Town or an Indemnitee. The Town shall give prompt written notice to Verizon of any claim for which the Town seeks indemnification. Verizon shall have the right to investigate, defend, and compromise these claims with prompt notice to the Town's attorney. 16. Neither parry shall be liable for consequential, indirect, or punitive damages (including lost revenues, loss of equipment, interruption or loss of service, or loss of data) for any cause of action, whether in contract, tort, or otherwise, even if the party was or should have been aware of the possibility of these damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise. 17. Verizon shall, and shall require its contractors and subcontractors to obtain and maintain substantially the same coverage as required of Verizon with limits commensurate with the work or service to be provided, obtain and maintain at all times during the term of this Agreement, Commercial General Liability Insurance including contractual liability, independent contractors and explosion, collapse and underground coverages with limits of $6,000,000 per occurrence, $6,000,000 general aggregate. Rights -of -Way Agreement for Verizon Wireless Page 5 18. Verizon shall obtain and maintain at all times during which work occurs under this Agreement, Workers' Compensation in compliance with the statutory requirements of the state of operation and employer's liability insurance with a limit of $1,000,000 each accident/disease/policy limit. Certificates of such insurance shall be provided to the Town on New York State mandated forms. 19. Notices required by this Agreement may be given by registered or certified mail by depositing the same in the United States mail, postage prepaid, or by commercial overnight courier. Either party shall have the right, by giving written notice to the other, to change the address at which its notices are to be received. Until any such change is made, notices shall be delivered as follows: If to Town: Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Attn: [Director of Public Works] If to Verizon: Verizon Wireless of the East LP d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attn: Network Real Estate With a copy to: Attn f 1 With a copy to: Verizon Wireless of the East LP d/b/a Verizon Wireless IADDRESSJ Attn: Legal Dept. 20. The provisions of this Agreement shall be construed under, and in accordance with, the laws of the State of New York, without regard to its conflict -of -laws principles, and all obligations of the parties created hereunder shall be performed in the County in which the Town is located. Therefore, in the event any court action is brought directly or indirectly by reason of this Agreement, the courts of such County shall have jurisdiction over the dispute and venue shall be in such County. 21. If any law, ordinance, regulation, or court decision renders any provision of this Agreement invalid, the remaining provisions shall remain in full force and effect. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. This Agreement is the complete and exclusive statement of the parties' agreement with respect to the subject matter and supersedes all other oral and written agreements or communications between the parties prior to the execution of this Agreement relating to this subject matter. This Agreement will not be deemed to provide third parties with any remedy, claim, right of action or other right. This Agreement may be executed and delivered in multiple counterparts, each of which is an original. Rights -of -Way Agreement for Verizon Wireless Page b 22. This Agreement shall take effect on the date that is the later of the dates on which each of the parties have executed this Agreement. 23. Based on the foregoing, the Town hereby grants Verizon the right to use, occupy and access that portion of the Right -of Way for the purpose of installing, operating and maintaining the Spook Hill Rd. Facility subject to the terms and conditions set forth herein. IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have executed this Agreement as of the dates below. TOWN OF WAPPINGER VERIZON WIRELESS OF THE EAST LP D/B/A VERIZON WIRELESS By: Cellco Partnership, its General Manager Signature Signature Joseph D. Cavaccini, Supervisor Date Name Title Date ATTEST: ATTEST: [NAME], [Town Clerk] Date [NAME] . [TITLE] Date Rights -of -Way Agreement for Verizon Wireless Page 7 EXHIBIT A 04 Q et 04 Q N U) W C (L) E 4) 0 LM C (L) E V M Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-104 Meeting: 04/08/24 06:00 PM Department: Town Clerk Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6162 Resolution Declaring April As Autism Awareness Month In The Town Of Wappinger WHEREAS, although new medicines and therapies may enhance life for sometime for people with Autism more work is needed for a cure, and WHEREAS, increased education and research are needed to help find more effective treatments with fewer side effects and ultimately a cure for Autism, and WHEREAS, a multidisciplinary approach to Autism disease care includes local wellness, support and caregiver groups, and WHEREAS, April has been proclaimed as World Wide Autism Awareness Month for all to recognize the need for more research and help in dealingwith the devastating effects of Autism, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby recognize and proclaim April as Autism Awareness Month and does offer its endorsement to the efforts of the National Institutes of Health. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 4/3/2024 2:04 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2024-105 Meeting: 04/08/24 06:00 PM Department: Town Clerk Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6164 Resolution Directing The Removal Of Unsafe Structure WHEREAS, the Town Board of the Town of Wappinger has been advised by its Building Department that a certain unsafe structure exists at 16 Dogwood Hill, Wappingers Falls, New York; and WHEREAS, in response, the Town Board caused its structural engineer to review and report on the condition, which was culminated in the June 29, 2023 letter of Larry Werts, P.E. of CPL, wherein it was confirmed that the structure was unsafe and directed the Building Department to take efforts to cause the Owner to remove the structure; and WHEREAS, the Building Department has made numerous attempts to cause the Owner to remove the structure, including providing the required notices in accordance with Chapter 93-7 of the Wappinger Town Code, which attempts have been unsuccessful; and WHEREAS, the unsafe structure is now an emergency condition and the Building Inspector has requested that the Town Board authorize its removal pursuant to Chapter 93-11 of the Wappinger Town Code. NOW, THEREFORE, BE IT RESOLVED, that based on the information provided to it from its structural engineer and Building Department, the Town Board hereby authorizes and directs the Building Department to have the unsafe structure removed. All costs for same shall be assessed to the Owner pursuant to Chapter 93-10 of the Wappinger Town Code. BE IT FURTHER RESOLVED, prior to said removal, the Town Attorney is hereby directed to file a copy of the notice provided to the Owner pursuant Chapter 93-7 of the Wappinger Town Code with the Dutchess County Clerk. RESULT: TABLED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Next: 5/13/2024 7:00 PM Updated: 4/8/2024 4:31 PM by Joseph P. Paoloni Page 1 Co J u n e 29, 2023 Town of Wappinger Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: 16 Dogwood Hills Residential Structural Evaluation CRL## 819.15034.00 Dear Board Members, CPL was requested to conduct a site visit for a visual inspection and provide our opinion of the condition of the residence at 16 Dogwood Hills located in the Town of Wappinger. This site visit occurred on Thursday, April 13, 2023. Our site visit was limited to the exterior of the residence. The interior portions of the home were inaccessible at the time of the inspection. Briefly, the property consists of a single-family residence, originally built in 1969. The house is constructed of conventional wood framed floor, wall, and roof systems with a masonry block foundation. The property also has accessory structures, a camper and site features associated with the residence. It is our opinion that the current condition of the residence is not structurally safe and should not be entered by anyone, nor should anyone be allowed adjacent to the structure. Due to the observed serious deterioration and prolonged exposure, the structural systems are in a condition that is beyond repair. Some of the observed conditions include, but are not limited to, numerous locations of large roof penetrations and failed roofing, exposed interior framing, failed cladding, severe moisture infiltration locations, and deficient roof framing conditions. Access to the home and surrounding areas may be an attraction for pests/rodents and people, including vandals. The residence should be demolished by a qualified contractor and upon completion the property and surrounding site should be left in a safe and stable condition. Based on the limited visual inspection of the Property it is our opinion that the following items relate to code deficiencies and/or hazardous conditions: • Numerous holes in roof- PMCoNYS 107.1.3 Structure unfit for human occupancy, PMCoNYS 107.1.1 Unsafe structures, FCoNYS 108.1.1 Unsafe structures, and FCoNYS 108.2 Structure unfit for human occupancy • Hole in chimney- PMCoNYS 107.1.2 Unsafe equipment • Soffit at west side missing - PMCoNYS 107.1.3 Structure unfit for human occupancy CPL Architecture I Engineering I Planning 26 IBM Road, Poughkeepsie, NY 12601 845.454.3411 CPLteam. Town of Wappinger Town Board CO Town of Wappinger L June 29, 2023 Page 2 of 2 Should you have questions or require additional information please do not hesitate to contact us. Very tru ly you rs, LarryW ts, PE Structura Engineer ��, �OF NEW Y r W 2 084985 SSIO�P� L° 0 0 a� 0 a cfl J IL U C 0 E U M Q Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-106 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Meeting: 04/08/24 06:00 PM Department: Town Clerk Category: Correspondence Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6163 Correspondence F c Log - 2 24-04-08 Number TO From Date I Date Rec' Re: Agenda Date 04-08-001 Tow Board hcholas C. Maselh 412120241 413/2024IT;wii Justice Morithly Report, March 2024 4J8/2024 84 88 882 Towri Board Heather L. Ditcher 411120241 41312824 Torr Justice Morithly Report, March 2024 4/8/2024 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: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 4/4/2024 1:27 PM by Joseph P. Paoloni Page 1 A 0 T- 4 4 N O N U) W w co O It* O It* N O N r_ O E m Q Q O Q C_V N 00 00 C d Q N N O O N N U L U L Na L.I.. N�a LL MMQ% f. coI O O O 7 0 N -000 CN cq O CD CN CD .j W 0 CL E LL a(1, � � Y ® "J E L (D V o:5 -r- U CU O Z = O m m O O F- F- 4) r N O O E I I 3 co � LZ O O Itd 4 O A 0 T- 4 4 N O N U) W w co O It* O It* N O N r_ O E m Q TOWN JUSTICE 1 HEAtHER L. KITCHEN April 2"d, 2024 TOWN OF W.A►PPINGER CZ00L4/&4 - 0�� JUSTICE COURT 20 MIDDLEBUSH RD WAPPINGERS, NY 12590-0324 (845)297-6070 (845)297-7739 FAX; (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2."' and P Wednesday's 5:30 PAM, I" and 3" Thursday's 5:30 RM, Supervisor Cavaccini and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 Re: Nicholas C. Maselli, Town Justice Monthly Report, March 2024 Dear Supervisor Cavaccini and Members of the Town Board.; TOWN JUSTICE NICHOLAS C. MASELLI The following is a report of the cases disposed of during the month of March 2024; 1 Penal Law matter resulting in $0.00 collected in fines and fees. 183 Vehicle and Traffic Law matters resulting in $18,043.00 collected in fines and. fees. 11 Civil matters resulting in $160.00 collected in fees. 24 Termination of Suspension matters resulting in $2,170.00 collected in fees. 1 Town Ordinance matter resulting in $10,000 collected in fines. 1 Bail Poundage matter resulting in $300.00 collected in fees. I have forwarded a check in the amount of $30,673.00 to the Town of Wappinger Comptroller. In addition, I am holding $6,619.00 in pending bail. Respectfully submit d, J�VAL I_ f I Nicholas C. Maselli Town Justice cc: Joseph Paoloni, Town Clerk APR 0 3 2024. Town of wirer Town Clerk 1'I'OWN,I�J,,StI,CT April 1St, 2024 TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSII Rr) WAPPINGERS, IVY 12590-0324 (845)297-6070 (45)297-7739 FAX: (845) 297-0145 COURTHOURS: Tueslav 5:30 P.M. 2"' and 4" Wedncsday's 5:30 P.M. V, tend 3" T'hurdav's 5:30 P.b1. Supervisor Cavaccini and Members of the Town Board Town of Wappinger Town Hall 20 Middleb7ash Road. WappingPr. s, NY 12590 Re: Heather L. Elitehen, Town Justice Monthly Report, March 2024 Dear Supervisor Ca.vaccini and Mcinbers of the Town Board; ,1'OWN 3-13STIC1 NICHOLAS C. AIA:SEp LI The following is a report of the cases disposed of during the month of March 2024; 9 Penal Law matters resulting in $420.00 collected in fines and fees. 229 Vehicle and Traffic Law matters resulting in $28,424.00 collected in fines and fees. 1.3 Civil matters resulting in $161.00 collected in fees. 13 Termination of Suspension matters resulting in $1,120.00 collected in fees. 1 'Town [ordinance Law matter resulting in $0.00 collected in fines. 1 Bail Poundage matter resulting in'$150.00 in fees. Ihave forwarded a check in the amount of $30,275 to the Town of Wappinger Comptroller. In addition, I am. holding $2,727.00 in pending bail. tied, ITeatt `r L. Kitchen Town .r7pwceived ' cc: Joseph Yaol-oni Town rk APR 0 3 202 .Town of W.ppillge, Town Clerk Town of Wappinger Meeting: 04/08/24 06:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2024-103 Doc ID: 6161 Resolution Authorizing Work To Be Performed At Airport Park To Activate Well Head WHEREAS, Airport Park is home to the Wappinger United Soccer Club and the Town's soccer field facilities, and WHEREAS, improvements were made to Airport Parkin the 1990s including parking, a concession stand building, and awell that was never connected, and WHEREAS, it is the intent of the Town Board to activate this well head to offer water at Airport Park, and NOW THEREFORE BE IT RESOLVED, that the Town Board accepts the quote dated, March 25, 2024, from the Water and Sewer operator to the Town, CAMO Pollution Control, Inc., of $13,200.00 to install a pump system to activate the well head at Airport Park. RESULT: ADOPTED [4 TO 01 MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Angela Bettina, Al Casella ABSTAIN: Christopher Phillips Updated: 4/3/2024 1:31 PM by Joseph P. Paoloni Page 1 ,am To M POLLUTION CONTROL, INC. Operation of Water & Wastewater Treatment Systems Town of Wappingers Airport Drive Soccer Field Well Services Airport Drive Soccer Field Well 1610 ROUTE 376 WAPPINGERS FALLS, NY 12590 (845)463-7310 Fax(845)463-7305 March 25, 2024 Well was measured and is approx. 300' deep with no idea of production. To gauge well production, we would perform a flow test for well. We would set test pump down 280' on drop pipe and wire and so a 6 -hr. stabilized flow test and observe recovery. Cost for test pump, pipe, cable and portable generator to perform test and installation. Expose well area and install a pitiless adaptor with water main to be attached and connection to curb valve for winterization. Curb valve would be installed with complete assembly and stem. We would set a 10GPM 1HP wire 230v. Submersible down 280' on sch 80 drop pipe with 10/3 cable. Pump will be installed with all necessary tape, splice kits and torque arrestors along with check valve. We will mount and wire 3 Wire Subdrive Utility VFD to operate well pump. We will also install a cp manifold and 102 style pressure tank. We will handle all electrical for well pump controller. Excavation done by other. Total Cost $13,200.00