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2024-04-22Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappingerny.gov Joseph Paoloni (845)297-5772 Monday, April 22, 2024 6:00 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Joseph D. Cavaccini Town of Wappinger_ Supervisor Present 6:00 PM William H. Beale Town of Wappinger Councilman Late 7:00 PM Angela Bettina Town of Wappinger Councilwoman Absent 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 11:30 AM II. Executive Session at 6:00 PM 1. For Legal Advice To Discuss Potential Litigation, Contract Negotiations, Appointments 2. Motion To: Enter Executive Session 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 3. Motion To: Return From Executive Session 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 III. Opening items at 7:00 PM 1. Salute to the flag 2. Invocation by Pastor Eddy De La Hoz from the Christian Church of the Sower in Hughsonville Town of Wappinger Page I Printed 4/29/2024 Regular Meeting Minutes April 22, 2024 3. 1. A moment of silent meditation in memory of former Village employee Timothy Barry Agenda and Minutes Motion To: Adopt Agenda COMMENTS - Current Meeting: Discuss 2 and 3 were removed. 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 2. Motion To: Acknowledge Minutes of April 8, 2024 IV 1. 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 Public Portion Motion To: Open Public Portion COMMENTS - Current Meeting: Rhandi Ross from Mina Drive spoke on the Spook Hill Park upgrade. He suggested a climbing apparatus for Children. 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: Close Public Portion Town of Wappinger Page 2 Printed 4/29/2024 Regular Meeting Minutes April 22, 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 VI. Discussions 1. Bleachers — Cavaccini/Frazier Steve Frazier addressed the board. He completed another investigation on bleachers. He found four galvanized frames in need of repair. The cost would $8,007 at list price and we could expect a 12% discount. It is in his budget. No vote was taken. VII. Consent Resolutions RESOLUTION: 2024-107 Resolution Authorizing Settlement Of Tax Certiorari Proceeding In The Matter Of The Application Of HUDWEN, LLC WHEREAS, the Town of Wappinger is a party respondent in a certain tax certiorari proceeding entitled Hudwen, LLC v. The Town of Wappinger, New York and its Assessor and Board of Assessment Review, currently pending in the Supreme Court, State of New York, County of Dutchess, in which the total assessed valuation of certain real property located in the Town of Wappinger, New York and designated as Tax Map No. 6158-19-517247-0000 on the official assessment map of the Town of Wappinger for the 2020, 2021, 2022, and 2023 Assessment Roll are being contested; and WHEREAS, the Assessor of the Town of Wappinger and the petitioner have agreed to settle the proceeding; and WHEREAS, the Town of Wappinger's 2020, 2021, and 2022 assessed valuation shall remain unchanged; and WHEREAS, the parties agree to reduce the assessed valuation of $1,528,000 to $1,428,000 for the 2023 final assessment; and WHEREAS, the Petitioner has agreed to waive any and all refunds from the Town and Special Districts for the reduction of the 2023 Assessments; and WHEREAS, the assessed valuation of $1,428,000 shall also be the respective final assessments on the Town of Wappinger's 2024, 2025, and 2026 assessment rolls; and WHEREAS, the Town Assessor and Town Counsel have recommended that the Town Board accept the settlement proposal as set forth above. NOW, THEREFORE, BE IT RESOLVED, as follows: Town of Wappinger Page 3 Printed 4/29/2024 Regular Meeting Minutes April 22, 2024 1. The Town Board hereby approves and ratifies the settlement of the above-described proceeding as recommended by the Town Assessor. 2. The Town Board hereby authorizes the Town Supervisor, the Town Attorney, and/or the Town Assessor to execute any and all documents necessary to give effect to this resolution The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-107 Yes/Aye No/Nay Abstain Absent Q Adopted .......... ....... ................... ..... ❑ Adopted as AmendedJoseph D. Cavaccim Voter El ❑ ❑ ❑ ❑ Defeated William H. Beale Voter ............. El ....... ................ ❑ ......... ❑ ....... .... ❑ ....... . ❑ Tabled Angela Bettina Voter ... ,...... ❑ .... ❑ .....,...... ❑ ... El ... ❑ Withdrawn Christopher Phillips .................................. Seconder 11 11 .. ,........ Q ....... ,....... ❑ ❑ ....... ,....... ❑ ..... Al Casella Mover Q ❑........,........❑ ❑ Dated: Wappingers Falls, New York April 22, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-108 Resolution Declaring April National Child Abuse Prevention Month WHEREAS, child safety is of the utmost importance, and WHEREAS, child abuse and neglect is an important societal concern that affects the long-term health and well-being of children as they grow and develop, and WHEREAS, the Child Welfare Indicators Project and other leading organizations suggest that child abuse is underreported, and WHEREAS, everyone has a stake in ensuring that children have access to the resources and supports they need to be safe, healthy and successful, and WHEREAS, child abuse prevention requires a coordinated and comprehensive response by all systems supporting children, youth and families (e.g., schools, law enforcement, health systems, faith -based organizations, and community programs), and WHEREAS, children spend a significant amount of time each day in school, vulnerable children who experience abuse at home may feel most comfortable reporting it to trusted adult on campus who they feel safe around, and WHEREAS, suspected child abuse or neglect must immediately be reported to appropriate law enforcement authorities by mandated reporters, which include educators and other school staff, and NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby declares April as Child Abuse Prevention Month in the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 4 Printed 4/29/2024 Regular Meeting Minutes April 22, 2024 Vote Record - Resolution RES -2024-108 Yes/Aye No/Nay Abstain Absent Q Adopted . .. ❑ Adopted as Amended Joseph D. Cavaccini„ ,,.William Voter El ❑ ❑ ... ❑ ,... ..❑ ..... ❑ Defeated H. Beale ......................... ............ ............................................... Voter.. El .... ....... .... ❑ .... ...... ..... ❑.. ....... ................ . ❑ Tabled Angela Bettina Voter ❑ .... ❑ .....,..... ❑ .... El ... ❑ Withdrawn Christopher Phillips Seconder ........ Q ❑ ................ ❑ ❑ Al Casella .Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 22, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-109 Resolution Appointing Full Time Maintenance Mechanic In The Buildings And Grounds Department WHEREAS, a perspective candidate who previously accepted the position of Maintenance Mechanic never followed through with their appointment, and WHEREAS, a vacancy of a full time Maintenance Mechanic position exists in the Buildings and Grounds Department, and WHEREAS, the Supervisor of Buildings and Grounds, Assistant Supervisor of Buildings and Grounds, and the Personnel Administrator participated in interviews and recommends the appointment of Juan Abril, and WHEREAS, the full time Maintenance Mechanic position is a Labor position under Civil Service Law which is not subject to competitive examination, and WHEREAS, the full time Maintenance Mechanic position is subject to the terms of the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 ("CBA"), and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Juan Abril as Maintenance Mechanic who shall be compensated at $53,690.00 prorated annuallywhich shall be paid in weekly installments, in accordance with the CBA. 2. The above appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 3. The above appointment is subject to a probationary term of not less than eight nor more than twenty-sixweeks in accordance with the rules of the Dutchess County Department of Human Resources. 4. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 5 Printed 4/29/2024 Regular Meeting Minutes April 22, 2024 Vote Record - Resolution RES -2024-109 Yes/Aye Yes/Aye No/Nay Abstain Absent Q Adopted . .. Joseph D. Cavaccini„ ❑ Adopted as Amended Q Joseph D. Cavaccini„ Voter El ❑ ❑ ... ❑ .............❑ ..... ❑ Defeated ❑ Wam H. Beale ......................... ............ ............................................... Voter.. El .... ....... .... ❑ .... ...... ..... ❑.. ....... ................ . ❑ Tabled ❑...... Angela Bettina Voter ❑ .... ❑ .....,..... ❑ .... El ... ❑ Withdrawn ❑ Christopher Phillips Seconder ........ Q ❑ ................ ❑ ❑ ❑ Al Casella .Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 22, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-112 Resolution Accepting Donations For Town of Wappinger Earth Day Clean Up WHEREAS, the Town of Wappinger annually hosts an town -wide Earth Day Clean Up removing litter and debris from roadways and beautifying Town parks and facilities, and WHEREAS, three local businesses have graciously donated three checks totaling $850.00 to cover expenses for bright t -shirts and other litter removal supplies for the Town of Wappinger Earth Day Clean Up at no cost to Town of Wappinger residents, and NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby accept the following donations to the Town of Wappinger Earth Day Clean Up: MJ Engineering $350.00 Lawrence J. Paggi, P.E. $250.00 Laberge Group $250.00 The foregoing was put to a vote which resulted as follows .a Vote Record - Resolution RES -2024-112 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Joseph D. Cavaccini„ Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale ... Voter Q ❑ ❑ ❑ ..... ❑Tabled Angela Bettina ..................... .. Voter ❑...... ❑ .... ❑...... Q ❑ Withdrawn Christopher Phillips Seconder ........ Q .. .. ........... ❑ .. ......... ❑ .. .. .......... ❑ Al Casella Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 22, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-113 Resolution Accepting Performance Bond From Myers Run, LLC Town of Wappinger Page 6 Printed 4/29/2024 Regular Meeting Minutes April 22, 2024 WHEREAS, Myers Run, LLC ("Owner") is the owner of two parcels on Myers Corners Road, parcel numbers 135689-6358-03-032492-0000 and 135689-6258-04-976478-0000, and WHEREAS, on October 3, 2022, the Planning Board adopted a Resolution of Conditional Final Subdivision Approvalwhich includes the obligation to secure a Surety Bond issued by Unity Casualty Surety Insurance Company bearing number UCSX333X3391 in favor of the Town of Wappinger in the amount of $278,900.00, and WHEREAS, Town Law §277 requires a developer of a proposed subdivision to guarantee the construction, installation, and dedication of the improvements required by the Resolution of Subdivision Approval, prior to issuance of any building permits, and WHEREAS, the Owner executed a Performance Agreement which requires it to complete the require public improvements for the Subdivision, and NOW THEREFOR BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby accepts the Performance Agreement executed by Myers Run, LLC with an address of 46 Vassar Road, Poughkeepsie, NY 12603 to guarantee the construction and dedication of the public improvements shown on the Myers Run Final Subdivision Plat as required by the Town of Planning Board Resolution of Approval dated October 3, 2022. 2. The Town Board hereby accepts the Bond Rider to Bond No. UCSX333X3391 issued by Unity Casualty Surety Insurance Company that is issued in favor of the Town of Wappinger, dated November 6, 2023 in the sum of $278,900.00, as security for the Performance Agreement to construct the public improvements pursuant to Town Law §277. The Town Clerk is hereby directed to file the Bond Rider together and the original Surety Bond and the Performance Agreement for Myers Run in his files for said subdivision. The foregoing was put to a vote which resulted as follows V Vote Record - Resolution RES -2024-113 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Joseph D. Cavaccini„ Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale ... Voter Q ❑ ❑ ❑ ..... ❑Tabled Angela Bettina ..................... .. Voter ❑...... ❑ .... ❑...... Q ❑ Withdrawn Christopher Phillips Seconder ........ Q .. .. ........... ❑ .. ......... ❑ .. .. .......... ❑ Al Casella Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 22, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-114 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Town of Wappinger Page 7 Printed 4/29/2024 Regular Meeting Minutes April 22, 2024 Correspondence Lo - 2 24-04-22 Number To From [late ante Ree` Re: Agenda ante 04-22-001 Tom Board Lee Anne Freno 415512024 41512024 Realty Tax Report, March 2024 412212024 04-22-002 Michael T Liquori Kenneth Stenger 411112024 4/17/2024 Mid -Hudson development Corp. 412212024 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 -2024-114 No/Nay Abstain Absent Q Adopted...............Yes/Aye ❑ Adopted as Amended Joseph D. Cavaccini„ Voter Q ❑ ❑ ❑ ❑ Defeated Williamh(Beale Voter „„Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter ❑ .... ❑ ... ❑ ..... ,..... Q .. ❑ Withdrawn Christopher Phillip Seconder Q ....... ❑ ❑ ❑ Al Casella Ms over Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 22, 2024 VIII. Non -Consent Agenda The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-110 Resolution Authorizing Funding To Complete The Spook Hill Park Reconstruction Project WHEREAS, in 2016 the Town of Wappinger committed to the reconstruction of Spook Hill Park, and WHEREAS, the Town of Wappinger received funding from Dutchess County Government through a Community Development Block Grant as well as from privately funded donations to improve Spook Hill Park, and WHEREAS, due to unforeseen circumstances such as the COVID-19 pandemic, fund raising goals were not met and Spook Hill Park remains unfinished today and requires additional improvement to finish the project, and WHEREAS, the Director of Recreation has obtained quotes to purchase and install outdoor exercise equipment, a jogging track, new parking area, and a new basketball court, and WHEREAS, much of the labor and materials relating to the parking area and drainage to Spook Hill Park is expected to be performed in house to save on costs, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger establishes a budget of $210,000.00 from B -Fund Balance to complete the Spook Hill Park Reconstruction Project. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 8 Printed 4/29/2024 Regular Meeting Minutes April 22, 2024 Vote Record - Resolution RES -2024-110 ❑ Adopted Yes/Aye Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph D. Cavaccini Voter El ❑ ❑ ❑ ❑ Defeated Q William H. Beale ......................... Mover .. ...... El ..... ❑ .......,........ ❑....... ,.......❑ .... Q Tabled Angela Bettina ............................ Voter.... ...... ❑......... .........❑ ..... ..... ❑.................. Q...... ❑ Withdrawn ,...... ... Christopher Phillips Seconder Q ❑ ❑ ❑ Next: 5/13/24 7:00 PM 0 ....... Al Casella ................................................................ Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 22, 2024 The Resolution is hereby duly declared Tabled. RESOLUTION: 2024-111 Resolution Appointing Member To The Board of Assessment Review WHEREAS, there is a vacancy on the Town of Wappinger Board of Assessment Review, and WHEREAS, Judy L. Lancia has expressed an interest in being appointed to the Town of Wappinger Board of Assessment Review (BAR) and was interviewed by the Town Board, and WHEREAS, Judy L. Lancia has a knowledge of property values in the Town of Wappinger and meets the other statutory qualifications of a member of the BAR, and NOW, THEREFORE, BE IT RESOLVED: The Town Board hereby appoints Judy L. Lancia as a Board of Assessment Review Member for a five-year term and will expire on September 30, 2029. 2. Judy L. Lancia is directed to undergo the necessary training pursuant to Real Property Tax Law § 523 and to file all necessary disclosure forms in accordance with Real Property Tax Law § 523. 3. The Town Clerk is directed to notify the Commissioner of the NYS Department of Taxation and Finance the Dutchess County Director of Real Property Tax Services of the appointment as required by Real Property Tax Law § 523. The foregoing was put to a vote which resulted as follows .a Vote Record - Resolution RES -2024-111 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Joseph D. Cavaccini„ Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Mover Q❑ ❑ ❑ ❑ Tabled Angela Bettina Voter ❑ ,...... ... El ... ❑ Withdrawn Christopher Phillips Voter ............ ......... Q ................. ❑ ................ 0 ................ 0 ....... Al Casella Seconder Q o o ❑ Dated: Wappingers Falls, New York April 22, 2024 Town of Wappinger Page 9 Printed 4/29/2024 Regular Meeting Minutes April 22, 2024 The Resolution is hereby duly declared Adopted. IX. Items for Special Consideration/New Business 1. Motion To: Purchase Software for Cyber Security COMMENTS - Current Meeting: Supervisor Cavaccini recommended a software to prevent Phishing scam that hacks computers. The cost is $2,891.70 which is called "Knowbefore" which includes training. 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 X. Adjournment Motion To: Wappinger Adjournment & Signature COMMENTS - Current Meeting: The meeting adjourned at 7:38 PM. Joseph P. Paoloni 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 Town of Wappinger Page 10 Printed 4/29/2024 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-107 Meeting: 04/22/24 06:00 PM Department: Town Clerk Category: Tax Certioraries Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6165 Resolution Authorizing Settlement Of Tax Certiorari Proceeding In The Matter Of The Application Of HUDWEN, LLC WHEREAS, the Town of Wappinger is a parry respondent in a certain tax certiorari proceeding entitled Hudwen, LLC v. The Town of Wappinger, New York and its Assessor and Board of Assessment Review, currently pending in the Supreme Court, State of New York, County of Dutchess, in which the total assessed valuation of certain real property located in the Town of Wappinger, New York and designated as Tax Map No. 6158-19-517247-0000 on the official assessment map of the Town of Wappinger for the 2020, 2021, 2022, and 2023 Assessment Roll are being contested; and WHEREAS, the Assessor of the Town of Wappinger and the petitioner have agreed to settle the proceeding; and WHEREAS, the Town of Wappinger's 2020, 2021, and 2022 assessed valuation shall remain unchanged; and WHEREAS, the parties agree to reduce the assessed valuation of $1,528,000 to $1,428,000 for the 2023 final assessment; and WHEREAS, the Petitioner has agreed to waive any and all refunds from the Town and Special Districts for the reduction of the 2023 Assessments; and WHEREAS, the assessed valuation of $1,428,000 shall also be the respective final assessments on the Town of Wappinger's 2024, 2025, and 2026 assessment rolls; and WHEREAS, the Town Assessor and Town Counsel have recommended that the Town Board accept the settlement proposal as set forth above. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby approves and ratifies the settlement of the above-described proceeding as recommended by the Town Assessor. 2. The Town Board hereby authorizes the Town Supervisor, the Town Attorney, and/or the Town Assessor to execute any and all documents necessary to give effect to this resolution Updated: 4/15/2024 3:22 PM by Joseph P. Paoloni Page 1 Resolution 2024-107 Meeting of April 22, 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 Updated: 4/15/2024 3:22 PM by Joseph P. Paoloni Page 2 STATE OF NEW YORK SUPREME COURT : COUNTY OF DIJTCHESS In the Matter of the Application of HIJDWEN, LLC, Petitioner, THE TOWN OF WAPPINGER, NEW YORK AND ITS ASSESSOR AND BOARD OF ASSESSMENT REVIEW, Re.spondents. nYFCC=#7,N—A-fTj-T ORDER OF SETTLEMENT Index Nos, 2020-52005 2021-52885 202,2-52202 2023-5255,4 Hon. James Brands, J.S.C. WHEREAS, Petitioner FludWen, LLC ("Petitioner"), by and through its attorneys, Barclay Damon LLP (Mark R. McNamara, Esq. and Daniel R. Coleman, Esq., of Counsel), commenced tax assessment proceedings under Real Property Tax Law ("RPTL") Article 7 for the tax year 2020-21 bearing index number 2020-52005, tax year 2021-22 bearing index number 2021- 52885, 021- 52885, 2022-23 tax year bearing index number 2022-52005, and tax year 2023-24 bearing index number 2023-52554 (collectively, the "Proceedings") against Respondents the Town of Wappinger, New York, its Assessor ("Assessor") and Board of Assessment Review (collectively, the "Town"), which, by and through their attorneys, Hogan, Rossi & Liguori (Jarnie Spillane, Esq and Brendan Liberati, Esq.) duly appeared in the Proceedings; and WHEREAS, the County of Dutchess ("County"), Wappingers Central School District ("School District"), and Village of Wappingers Falls ("Village") did not intenene or otherwise appear in the Proceedings; and WHEREAS, Petitioner and the Town are collectively referred to as the "Parties"; and WHEREAS, the real property at issue in the Proceedings is situated in the Town and described on the 'rown,s 2020, 2021, 2022 and 2023 assessment tolls for the tax years 2020-21, 2021-22, 2022-23 and 2023-24 as: Address SBL No. 1601 Route 9 6158-19-517247-0000 (the "Property"); and WHEREAS, the Parties have engaged in, settlement discussions and have agreed to fully resolve their differences upon the terms of this Stipulation and Order of Settlement ("Stipulation and Order") without further litigation; and WHEREAS, the Parties have authorized their attorneys to enter into this Stipulation and Order; and WHEREAS, the Stipulation and Order is in the best interests of the Parties; now, UPON reading and filing of the Stipulation and Order; it is hereby: STIPULATED AND ORDERED that the Proceedings shall be discontinued, with prejudice, upon full compliance with the terms of this Stipulation and Order. In the event that the 2023, 2024, 2025 and 2026 assessed valuations of the Property are not set as provided in this Stipulation and Order, the Proceedings shall be immediately restored to the trial calendar; and it is STIPULATED AND ORDERED that the assessed valuation of the Property on the Town's 2023 final assessment and tax rolls shall be reduced from $1,528,800 to $1,428,800; and it is further STIPULATED AND ORDERED that the provisions of RPTL 727 shall apply to the terms of this Stipulation and Order such that the Property's reduced 2023 final assessment set forth in -2- 27603319.1 this Stipulation and Order shall also be the respective final assessments for these properties on the 'rown's 2024, 2025 and 2026 assessment rolls; and it is further STIPULATED AND ORDERED that the officer or officers having custody of the Town's final assessment and tax rolls upon which the property taxes for the Property are levied are hereby directed to correct the 2023 final assessment roll and set the 2024 through 2026 final assessment rolls so that each is in conformity with this Stipulation and Order; and it is further STIPULATED AND ORDERE"1) that the Property's assessment on the Town's final ,assessment and tax rolls for the tax years 2020-21, 2021-22 and 2022-23 shall remain unchanged; and it is further STIPULATED AND ORDERE D that the Petitioner waives any refunds from the Town, including, without limitation any Special Districts and Ad Valorem Assessments on the Town levy, based on the reduction of the assessment on the 2023 tax roll; and it is further STIP13LATED AND ORDERED that, upon the Town's correction of the 2023 final assessment and tax rolls to reflect the reduced assessed valuation set forth above, the officer or officers charged with generating and issuing County tax bills for the 2023-24 tax year shall issue to Petitioner corrected real property tax bills for the 2023-24 tax year using the reduced assessed valuation for the Property set forth in this Stipulation and Order and Petitioner shall pay said corrected tax bills in lieu of any County real property tax bills previously issued for 2023-24 tax year with respect to the Property; and it is further STIPULATED AND ORDERED that, upon the Town's correction of the 2023 final assessment and tax rolls to reflect the reduced assessed valuation set forth above, the officer or officers charged with generating and issuing the School District tax bills for the 2023-24 tax year shall issue to Petitioner corrected real property tax bills for the 2023-24 tax year using the reduced -3- 27603319A assessed valuation for the Property set forth in this Stipulation and Order, and Petitioner shall pay said corrected tax bills in lieu of any School District real property tax bills previously issued for 2023-24 tax year with respect to the Property; and it is further STIPULATED AND ORDERED that, upon the Town's correction of the 2023 final assessment and tax tolls to reflect the reduced assessed valuation set forth above, the officer or officers charged with generating and issuing the Village tax bills for the 2023-24 tax year shall issue to Petitioner corrected real property tax bills for the 2023-24 tax year using the reduced assessed valuation for the Property set forth in this Stipulation and Order and Petitioner shall pay said corrected tax bills in lieu of any Village real property tax bills previously issued for 2023-24 tax year with respect to the Property; and it is further STIPULATED AND ORDERED that, in the event Petitioner has paid a County, School District or Village tax bill for the 2023-24 tax year based on the prior, unreduced assessed valuation of $1,528,800, Petitioner shall be issued refunds for said tax bills based on the reduced assessed valuation of the Property set forth in this Stipulation and Order, as indicated above, the Petitioner waives any and all refunds frorn the Town including, without limitation Special District and Ad Valorem assessments, based on the reduction to the 2023 roll ; and it is further STIPULATED AND ORDERED that the Parties represent that the individuals executing this Stipulation and. Order have been fully authorized by their respective clients to enter into this Stipulation and Order with the intent of binding the Parties and all taxing jurisdictions to the terms of this Stipulation and Order; and it is further STIPULATED AND ORDERED that an executed copy of this Stipulation and Order, with Notice of Entry, shall be entered and docketed in the County Clerk's, Office and filed among the Assessor's permanent records; and it is further M 27603319 1 STIPULATED AND ORDERED that this Stipulation and Order may be signed in one or more counterparts, each of which shall be deemed to be an original and all of which when taken together shall constitute the same Stipulation and Order. Any signed copy of this Stipulation and Order made by photocopy or facsimile shall be considered an original. Ma r Barclay Damon L1,P AtIorneys,for Petitioner The Avant Building — Suite 1200 200 Delaware Avenue Buffalo, New York 14202 "TOMPA M Jamie Spillane Brendan Liberati Hogan, Rossi & Liguori Attorneys, for Respondents Town of Wappinger, its Assessor and Board of Assessnient Review 3 Staff Ridge Road Suite 200 Brewster, New York 10509 Hon. James Brands,.I.S.C. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-108 Meeting: 04/22/24 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: 6166 Resolution Declaring April National Child Abuse Prevention Month WHEREAS, child safety is of the utmost importance, and WHEREAS, child abuse and neglect is an important societal concern that affects the long-term health and well-being of children as they grow and develop, and WHEREAS, the Child Welfare Indicators Project and other leading organizations suggest that child abuse is underreported, and WHEREAS, everyone has a stake in ensuring that children have access to the resources and supports they need to be safe, healthy and successful, and WHEREAS, child abuse prevention requires a coordinated and comprehensive response by all systems supporting children, youth and families (e.g., schools, law enforcement, health systems, faith -based organizations, and community programs), and WHEREAS, children spend a significant amount of time each day in school, vulnerable children who experience abuse at home may feel most comfortable reporting it to trusted adult on campus who they feel safe around, and WHEREAS, suspected child abuse or neglect must immediately be reported to appropriate law enforcement authorities by mandated reporters, which include educators and other school staff, and NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby declares April as Child Abuse Prevention Month in the Town of Wappinger. 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: 4/18/2024 11:32 AM by Joseph P. Paoloni Page 1 Town of Wappinger Meeting: 04/22/24 06:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Appointments / Terminations Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini RESOLUTION 2024-109 Doc ID: 6167 Resolution Appointing Full Time Maintenance Mechanic In The Buildings And Grounds Department WHEREAS, a perspective candidate who previously accepted the position of Maintenance Mechanic never followed through with their appointment, and WHEREAS, a vacancy of a full time Maintenance Mechanic position exists in the Buildings and Grounds Department, and WHEREAS, the Supervisor of Buildings and Grounds, Assistant Supervisor of Buildings and Grounds, and the Personnel Administrator participated in interviews and recommends the appointment of Juan Abril, and WHEREAS, the full time Maintenance Mechanic position is a Labor position under Civil Service Law which is not subject to competitive examination, and WHEREAS, the full time Maintenance Mechanic position is subject to the terms of the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 ("CBA"), and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Juan Abril as Maintenance Mechanic who shall be compensated at $53,690.00 prorated annuallywhich shall be paid in weekly installments, in accordance with the CBA. 2. The above appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 3. The above appointment is subject to a probationary term of not less than eight nor more than twenty-sixweeks in accordance with the rules of the Dutchess County Department of Human Resources. 4. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 4/18/2024 11:36 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-112 Meeting: 04/22/24 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: 6170 Resolution Accepting Donations For Town of Wappinger Earth Day Clean Up WHEREAS, the Town of Wappinger annually hosts an town -wide Earth Day Clean Up removing litter and debris from roadways and beautifying Town parks and facilities, and WHEREAS, three local businesses have graciously donated three checks totaling $850.00 to cover expenses for bright t -shirts and other litter removal supplies for the Town of Wappinger Earth Day Clean Up at no cost to Town of Wappinger residents, and NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby accept the following donations to the Town of Wappinger Earth Day Clean Up: MJ Engineering $350.00 Lawrence J. Paggi, P.E. $250.00 Laberge Group $250.00 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: 4/18/2024 11:54 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-113 Meeting: 04/22/24 06:00 PM Department: Town Clerk Category: Bonding Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6172 Resolution Accepting Performance Bond From Myers Run, LLC WHEREAS, Myers Run, LLC ("Owner") is the owner of two parcels on Myers Corners Road, parcel numbers 135689-6358-03-032492-0000 and 135689-6258-04-976478-0000, and WHEREAS, on October 3, 2022, the Planning Board adopted a Resolution of Conditional Final Subdivision Approvalwhich includes the obligation to secure a Surety Bond issued by Unity Casualty Surety Insurance Company bearing number UCSX333X3391 in favor of the Town of Wappinger in the amount of $278,900.00, and WHEREAS, Town Law §277 requires a developer of a proposed subdivision to guarantee the construction, installation, and dedication of the improvements required by the Resolution of Subdivision Approval, prior to issuance of any building permits, and WHEREAS, the Owner executed a Performance Agreement which requires it to complete the require public improvements for the Subdivision, and NOW THEREFOR BE IT RESOLVED AS FOLLOWS: The Town Board hereby accepts the Performance Agreement executed by Myers Run, LLC with an address of 46 Vassar Road, Poughkeepsie, NY 12603 to guarantee the construction and dedication of the public improvements shown on the Myers Run Final Subdivision Plat as required by the Town of Planning Board Resolution of Approval dated October 3, 2022. 2. The Town Board hereby accepts the Bond Rider to Bond No. UCSX333X3391 issued by Unity Casualty Surety Insurance Company that is issued in favor of the Town of Wappinger, dated November 6, 2023 in the sum of $278,900.00, as security for the Performance Agreement to construct the public improvements pursuant to Town Law §277. The Town Clerk is hereby directed to file the Bond Rider together and the original Surety Bond and the Performance Agreement for Myers Run in his files for said subdivision. 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: 4/18/2024 12:22 PM by Joseph P. Paoloni Page 1 PERFORMANCE AGREEMENT SECURED BY SURETY BOND MYERS RUN SUBDIVISION .. ........... -I RE- S, M — RS RUN, -LLC made-application_to the Town -of Wappinger Planning Board (hereinafter the Planning Board) to approve a subdivision of lands shown on a Subdivision Plat entitled prepared by Berger Engineering and Surveying PLLC entitled "Myers Run, Myers Corners Road" dated January 25, 2021, last revised , 2023 (the "Plat"); and WHEREAS, the Planning Board granted conditional final Subdivision Plat Approval for the Plat by resolution October 3, 2022, which requires that the public improvements shown on the Plat be constructed in accordance with the Town Subdivision Regulations, Highway Specifications, and Zoning Law, and further subject to the requirements set forth a set of construction documents, specifically identified in the Plat (the "Resolution of Conditional Final Subdivision Approval"); and WHEREAS, Town Law 5 277 requires that the developer guarantee the construction, installation, and dedication of the required public improvements prior to issuance of .any building permits; NOW, THEREFORE, MYERS RUN, LLC hereby agrees to undertake the following: 1. To make, construct, and complete the improvements for the subdivision, in accordance with the above noted Plat and the Resolution of Conditional Final Subdivision Approval dated October 3, 2022, and the construction documents identified in the plat; and to perform all other obligations set forth in the Resolution of Conditional Final Subdivision Approval, and the Code of the Town of Wappinger. 2. To maintain the stormwatet management system and highways constructed in the subdivision, including snow removal, which have been offered for dedication to the Town of Wappinger ,antil such time as they are finally accepted by the Town Board. 3. Upon construction and completion of the required improvements and obligations set forth above, and upon request, the undersigned will dedicate same to the Town, free and clear of any liens or obligations as set forth in the Local taws, Ordinances, Rules and Regulations of the Town. of Wappinger and the laws of the State of New York and subject to a maintenance guarantee. 4. As security for this obligation, including sums sufficient to pay for attorneys' or consultants' fees in the event the undersigned defaults hereunder, the undersigned has delivered to the Town of Wappinger the following security for the faithful performance of the obligations the undersigned has undertaken herein: a surety bond issued in favor of the Town of Wappinger by beaming the number in the amount of Two Iundred Seventy Eight Thousand Six Nine Hundred Dollars ($278,900) securing the obligations set forth in this Performance Agreement. 5. MYERS RUN, LLC further binds its successors, its heirs, executors, administrators, successors or assigns as the case may be, for the faithful performance of the obligations set forth in this Agreement. 6. MYERS RUN, LLC further acknowledges that if any default remains in the performance of the obligations created hereunder, the lots within the subdivision will no longer be eligible for building permits until such defaults are cured. Dated: October , 2023 MYERS RUN LLC By: Name: Michael Lund Title: ACKNOWLEDGEMENTS STATE OF NEW YORK ) COUNTY OF DUTCHESS On October '2023, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael Lund personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the smue in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Q PERFORMANCE BOND COMPUTATIOf.111-11 MEYER'S RUN TOWN OF WAPPINGER ORIGINAL BOND FIRST REDUCTION SECOND REDUCTION THIRD REDUCTION CPL 4 . ..... - - ----- TIF —1 'IFI R— —1 1-1711 w,FT .... . — - ----- . .. ... . ......... n 1" 60, 1. —il- 01— All IN 1e' pmll. 2-0 IF. $S.1P .... .... . -d" I'M $22.00 ilt"t I z 11— "A 1-6nrr wj Wru',aµ .-P cl f- um IT .—p FfanMraBeR J.. ].0 rd v, 4 Ei'.' I I Oil, 115 U P Js OA en 4 Y.. .{FWLN SYSTEM 14" 1, —'ri' dNwYn 4� S.dt- Rork EerawaGlour IF, 5'."' "'ip IC LIF, I.P" B'.ff�' P-If"g I Y 11Q PII ILI— ry C—T.. 1.1 . .. ..... . . . .. TOM C4')?isr casT 2M.) - -- . —.1 1-11 .. I "I', ,, 8, jal for 'Iia 1-1 .1110, "'� 5'tm'9 " ul" Hoji—, ."I, I-- "". -III A" m11 ft—, dai.i 0 .111, Town of Wappinger Meeting: 04/22/24 06:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Correspondence Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini RESOLUTION 2024-114 Doc ID: 6171 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Carremondence Loa - 2024-04-22 Number To I From [late I ante Ree" I Re: Agenda ante 04-22-001 Torn Board ILee Anne Freno 415512024 41512024 1 Realty Tax Report, March 2024 412212024 04-22-002 Michael T Liquor/ IKeiiiieth Stenger 411112024 411 712024 Mid -Hudson development Corp. 412212024 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: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Al Casella, Councilman Christopher Phillips, Councilman Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella Angela Bettina Updated: 4/18/2024 12:01 PM by Joseph P. Paoloni Page 1 A et 4 N O N U) W w N N It* O It* N O N r_ O E m a a o 0 °aa N N 0O O U N � c E N 0° C N a) cl o� N N 0 L Li c V Q O c �L Q f M� W c � U 0 k .O O O EQ O N N Z d' moi' O O A et 4 N O N U) W w N N It* O It* N O N r_ O E m a RECEIVER OFTAXES Q. Anne hwo 20 MIDDLEBUS11 ROAD '41 APPINGFJO; FALLS, NY 12590 Wva (MN0VNN kJ1111M,; FRW60% (8-15) 29741.58 -ALdn (84 51 297-4342 - Direct (84-5)297-1478 Fax BEGINNING BANK BALANCE Receipts/Deposits Interest Other Total Less Disbursements/Adjustments Checks Paid Returned Checks Misc. ENDING BANK BAL. Less Pending Checks ENDING BOOK BALANCE TOWN Of" WA.PP1NGERAV;;4/t)q Office of the Receiver off` Ta MARCH 2024 REALTY TAX REPORT $16,501,378.51 $ 1,596,356.20 PCSB $ 105,109.21 TD $ 26,459.40 PCSB $ 88.39 TD $ 18,229,391.71 $ (13,043.78) $ (11,526,965.91) $ (50.00) CHARGEBACK FEES $ 6,689,332.02 $ 6,689,332.02 *x111°1 RV, 1 S () I Z ,JOSEPI� DA'AVACCAM 1'CAN1N BOARD %Vffliani 11, Beale Angela Mmfim Chrktopher Plifflips Al Casella 10 WN (A.. F, It I( Joseph 11. paoloni HI(AIWAY SUPERWIENDENT Michad Shedmn 9,ece' kved 0� .,0,440 Sub teed by: Lee Anne Freno, Receiver of Taxes MARCH 2024 REALTY TAX RECEIPTS A et N O N to W w N N It* O It* N O N r- 0 v m Q A B C D E F G H I J 1 DATE AMOUNT BATCH TAX PENALTY MEMO NOTICE OVR/DUP INTEREST RETURNED 2 RECEIVED NO. FEE FEE PAYMENT CHECK PEE - 4 3/1/2024 $ 150,042.61 95 $ 150,042,61 5 3/1/2024 $ 98,097.77 96 $ 97,278.82 — $ 818.95 6 3/1/20241 $ 476,82537 97 $ 476,825.37 7 3/1/20241 $ 50,529.36 98 $ 50,529.36 8 3/4/2024, $ 301,121.68 99 $ 301,121.68- 9 3/4/2024, $ 97,653.78 100 $ 97,617.02 $ 36.77 bi114175 10 3/5/2024 $ 122,385.01 101 $ 122,385.01 11 3/5/2024 $ 108,113.51 102 $ 107,379.44 $ 415.03 $ 319,04 151117910 12 3/6/2024 $ 126,131.82 103 $ 124,505.27 $ 1,626.55 , - -� 13 3/8/2024 $ 4,803.63 _,--- 104 $ 4,751.22 $ 52.41 14 3/8/2024 $ 1,938.65 105 $ 1,938.65 �- 15 3./8/2024 $ 5,035.06 106 $ 4,936.33 $ 98.73 16 3/8/2024 $ 15.00 $ 15.00 17 3/13/2D24 $ 33,535.37 107 $ 32,838.63 �$ 656,74 ! $ 40.00 18 3/13/2024 $ 8,830.63 108 $ 8,657.50 $ 173,13 19 3/21/2D24 $ 32,864.50 109 $ 32,257.39 $ 607.11 20 3/15/2024 $ 4,332.00 110[ $ 4,247,05 $ 84.95- 21 3/21/2024 $ 27,590.24 111? $ 27,049.24 $ 541.00 ----- 22 3/21/2024 $ 18,863.88 112 $ 18,493.99 $ 369.89 23 3/27/2024, $ 16,062.13 113 $ 15,707.99 $ 314.14 _— $ 40.00 24 3/27/2024; $ 12,930.49_---� 114 $ 12,676,94 $ 253.55 25 3/27/20241 $ 810,110.06 _ - 1_15 $ 810,110.06_,_ NO OEPOSIT - CORPORATE TAXES PA10 TO DCCF 26 3/28/2024; $ .3,663.17 116_$ 3,591,361 $ 71.81 - 27 3/28/2024; $ 99.75 117 $- 97.80 $ 1.95 28 3/31/2024)1 $26,459,40 $ 26,459.40 pcsb 29 r 3/31/2024; $ 88,39 _ —_ _----... — ---- $ 88,39 ed 30 - TOTALS $ 2,538,123.26 $ 2,505,038.73 $ 5,266.99 $ 15.00 $ 1,174,76 $ 26,547.79 $ 80.00 31 T I 32 3/4/2024; $ (1,901.94) 86 $ (1,901.94) 333/4/2024 $ {10.00) 34 _... _ 3/4/2024 $ (1,270.06)I,„ --- 86 $ (1,270.06) 35 3/4/2024 $ ___._,....,. - --- 36 3/5/2024 $ (847.07) 89 $ (847,07) 37 3/5/2024 $ (1,262.12 89p $ (1,262.12) 38 .., 3/5/2024 $ (10.0.0) _- - _...._-._..-.... _ , _.-._,...,.. 39 3/6/2024 $ (2,964.17) 97 $ (2,964.17)V 40 3/6/2024 $ (10.00) 41 3/6/2024 $ (3,512.99) 97 $ (3,512.99) ----.. 3/6/2024 $ (10.00} -._..__� _ i N44 3/13/2024 $ (479.69) 108 _. _ $ (470.29) __.. $ $ {12,288.04} $ (12,228.64) $ (9.40). A et N O N to W w N N It* O It* N O N r- 0 v m Q MARCH 2024 REALTY TAX DISBURSEMENTS A B C D E F G H 2 AMOUNT DCCF SUPERVISOR OVR/DUP CHECK _DATE 3 DISBURSED PAYMENT NO. 4 5 3/1/2024 $ 818.95 $ 818.95 bill 2207 online 6 3/5/2024 $ 319.04 $ 319.04 bill 7910 1115 7 3/13/2024 $ 21,430.67 _-- --� $ 21,430.67 1116 8 3/13/2024 $ 4,237.42 j $ _4,237.42 _ 1117 9 3/13/2024 872.48 - - $ 872.48 1118 10 3/13/2024 _$ $ 5,078.41 _ _ _ $ 5,078.41 , -� 1119 11 3/14/2024 $ 1,285.43 $ 1,285.43 lbill5457 online 12 13 TOTALS $ 34,042.40 $ 34,042.40 A; r r 4 N O N U) W w N N It* O It* N O N O O E V m Q 0�c_ 41 S'TENGER, GLASS, HAGSTR®lid, LINIDARS & WELE LLP April 11, 2024 Issues of sewer availability will be dealt with directly with the Tri -Municipal Sewer Commission while this application winds it way through the planning . COORDINATORS CLOSINGSewer process. The suggestion that my client's application wait until the sewer issue is Maria L. Jones resolved, is not acceptable to my client. Nor is it a good use of time or money. Sandra A. De Groot Water is another topic altogether. The plan proposes a community water system. My client is not in the Water District, The Town will have capacity shortly. We will be asking the Town to expand the Water District to include my client's property. We will cross the vagaries of that particular bridge when we get there. T.• (845) 298-2000 Main Offwe. 1136 Route 9, Suite 2, Wappingers Palls, NY 12590 F.-(845)298-2842 Poughkeepsie. 85 Civic Center Plaza, Suite 100, Poughkeepsie, NY 12601 Email- infi)@stengerglass.com stengerglass.com I Kingston: 303 Clinton Avenue, Kingston, N`A' 12401 stengerglass.com N N It* 0 N O N r- 0 E U M Q Michael T. Liguori Vin UPS Overnight Mail Kenneth M. Stenger Hogan, Rossi &Liguori Jessica.J. Glass 3 Starr Ridge Road Karen strom Brewster, New York 10509 L Ian C. indarars A.J. luele Albert P. Roberts Re: Mid -Hudson Development Corp. with Too " -of Rappinger emeritus Conservation Corners Received partner Index No. 2023-51732 SOIILI File No. 39130.7906 APR 17 202 Mary Kate Ephraim beat' Michael: Jad B. Haddad The next Town Board meeting is scheduled for April 22, 2 �31W. r LZLl� rk OF COUNSEL appearing in the Town of Montgomery that evening. The next meeting after the Joan F. Garrett April 22, 2024 meeting is May 13, 2024. Kyle A. Steller I write with the request that my clients proposed development. be placed on the Mary E. Tokarz agenda of the Town of Wappingers Town Board for the purpose of being the subject of a Resolution referring the same to the Town of Wappinger Planning Board under the authority of Town Code §240-19. PAP -AL ;cam Elizabeth Amicucci The project considers the construction of a private onsite sewer treatment plant. Ailana Brown The property is located in the United Wappingers Sewer District. I understand Jillian Medina that Sewer District is a tenant of the Tri -Municipal Sewer Commission, and that Sandra Oakley the Town is not a voting member of that Commission. Alison Secor Issues of sewer availability will be dealt with directly with the Tri -Municipal Sewer Commission while this application winds it way through the planning . COORDINATORS CLOSINGSewer process. The suggestion that my client's application wait until the sewer issue is Maria L. Jones resolved, is not acceptable to my client. Nor is it a good use of time or money. Sandra A. De Groot Water is another topic altogether. The plan proposes a community water system. My client is not in the Water District, The Town will have capacity shortly. We will be asking the Town to expand the Water District to include my client's property. We will cross the vagaries of that particular bridge when we get there. T.• (845) 298-2000 Main Offwe. 1136 Route 9, Suite 2, Wappingers Palls, NY 12590 F.-(845)298-2842 Poughkeepsie. 85 Civic Center Plaza, Suite 100, Poughkeepsie, NY 12601 Email- infi)@stengerglass.com stengerglass.com I Kingston: 303 Clinton Avenue, Kingston, N`A' 12401 stengerglass.com N N It* 0 N O N r- 0 E U M Q All I need from the Town Board, right now, is a Resolution allowing the Planning Board to proceed with its review under Town Code §240-19. I ought not need to remind the Board of its position, as to the workability of this Town Code section, when it previously attempted to repeal Town Code §240-50. There is very little room for debate on this topic, In furtherance of this request, I enclose seven (7) preliminary drawings of that subdivision which features a total of 66 dwelling units. That is the unit count previously established by the Planning Board as required by the statute. I draw your attention to the comparison chart set forth in the upper right hand corner of the drawing which compares the impact on open space and infrastructure between the development of the premises on a "as of right" basis and development of the premises under Town Law §240-19. Please advise if the Town Board will place this matter on the agenda for consideration and action on the evening of May 13, 2024. If that is not the case, we will make an immediate application to the Court for appropriate relief. Finally, please advise as to the status of payment of legal fees in the amount previously settled between us. The check is over 60 days late in delivery. That is a problem that very much goes to the issue of "good faith". Thank you. Very truly yours, STENGER, GLASS, HAGSTROM, LINDARS & IUELE, LLP KENNETH M. STEN R, ESQ. \s Ee�1. �.7, kyr-L�)St� it er. - x.;15'Corn KMSlklg Encs. cc: Mid -Hudson Development Corp. N N O N 0 N i m E U M Q Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2024-110 Meeting: 04/22/24 06:00 PM Department: Town Clerk Category: Appropriations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6169 Resolution Authorizing Funding To Complete The Spook Hill Park Reconstruction Project WHEREAS, in 2016 the Town of Wappinger committed to the reconstruction of Spook Hill Park, and WHEREAS, the Town of Wappinger received funding from Dutchess County Government through a Community Development Block Grant as well as from privately funded donations to improve Spook Hill Park, and WHEREAS, due to unforeseen circumstances such as the COVID-19 pandemic, fund raising goals were not met and Spook Hill Park remains unfinished today and requires additional improvement to finish the project, and WHEREAS, the Director of Recreation has obtained quotes to purchase and install outdoor exercise equipment, a jogging track, new parking area, and a new basketball court, and WHEREAS, much of the labor and materials relating to the parking area and drainage to Spook Hill Park is expected to be performed in house to save on costs, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger establishes a budget of $210,000.00 from B -Fund Balance to complete the Spook Hill Park Reconstruction Project. RESULT: TABLED [UNANIMOUS] Next: 5/13/2024 7:00 PM MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 4/18/2024 11:48 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-111 Meeting: 04/22/24 06:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6168 Resolution Appointing Member To The Board of Assessment Review WHEREAS, there is a vacancy on the Town of Wappinger Board of Assessment Review, and WHEREAS, Judy L. Lancia has expressed an interest in being appointed to the Town of Wappinger Board of Assessment Review (BAR) and was interviewed by the Town Board, and WHEREAS, Judy L. Lancia has a knowledge of property values in the Town of Wappinger and meets the other statutory qualifications of a member of the BAR, and NOW, THEREFORE, BE IT RESOLVED: 1. The Town Board hereby appoints Judy L. Lancia as a Board of Assessment Review Member for a five-year term and will expire on September 30, 2029. 2. Judy L. Lancia is directed to undergo the necessary training pursuant to Real Property Tax Law § 523 and to file all necessary disclosure forms in accordance with Real Property Tax Law § 523. 3. The Town Clerk is directed to notify the Commissioner of the NYS Department of Taxation and Finance the Dutchess County Director of Real Property Tax Services of the appointment as required by Real Property Tax Law § 523. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 4/18/2024 11:48 AM by Joseph P. Paoloni Page 1