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2025-882025-88 Resolution To Authorize The Town Supervisor To Execute Memorandum Of Understanding With The Village Of Wappingers Falls For Code Enforcement Services At a Special Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on April 7, 2025. The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll being called, the following was recorded: ✓ Vote Record - Resolution RES -2025-88 Yes/Aye No/Nay Abstain Absent 2 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Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter ❑ ❑ ❑ Q ❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑ Al Casella Mover Q ❑ ❑ ❑ The following Resolution was introduced by Casella and seconded by Councilman Phillips. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby authorize Town Supervisor Joseph D. Cavaccini to execute Memorandum Of Understanding with the Village of Wappingers Falls fort he purposes of providing contractual Code Enforcement services. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Joseph D. Cavaccini, Angela Bettina, Christopher Phillips, Al Casella ABSENT: William H. Beale Dated: Wappingers Falls, New York 4/7/2025 The Resolution is hereby duly declared Adopted. JOSEPffI?. PAOLONI, TOWN CLERK TOWN SUPERVISOR JOSEPH D. CAVACCINI April 3, 2025 Hon. Joseph P. Paoloni Town Clerk 20 Middlebush Road Wappingers Falls, NY 12590 TOWN OF WAPPINGER OFFICE OF THE TOWN SUPERVISOR RE: Special Meeting of the Town Board Town Clerk Paoloni, TOWN HALL 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 W W W.TOWNOF WAPPINGERNY.GOV (845) 297-4158 - Main (845) 297-2744 - Direct (845) 297-4558 —Fax Per the Rules of the Town Board, I do hereby schedule a special meeting of the Town Board of the Town of Wappinger for the purpose of acting on time sensitive Town business. Please find attached the resolution and supportive documentation for said special meeting that shall be held on Monday, April 7, 2025, at 7:00pm at Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, NY 12590. The agenda shall be as follows: Resolution To Authorize The Town Supervisor To Execute Memorandum Of Understanding With The Village Of Wappingers Falls For Code Enforcement Services (1 attachment) Respectfully submitted, el ^ Joseph D. Cavaccim, Town Supervisor MEMORANDUM OF UNDERSTANDING BETWEEN THE VILLAGE OF WAPPINGERS FALLS AND ff MM]WOW51-,19147111-111:2 110 re] •.# This Memorandum of Understanding (MOU) is entered into on this 7th day of April, 2025, by and between the Village of Wappingers Falls, a municipal, corporation of the State of New York, hereinafter referred to as "the Village," and the Town of Wappinger, a municipal corporation of the State of New York, hereinafter referred to as "the Town." Collectively, the Village and the Town shall be referred to as "the Parties." Genera( Provisions: The, Parties are entering into this MOU pursuant to NY Executive Law §381(2) and Genera[ Municipal LawAirticLe 5-6, which allows the Parties to enter into agreements for one: municipality to administer and enforce in the other municipality the New York Uniform Fire Prevention and Building Code and the New York State Energy Conservation Construction Code. The Village shall confer upon the Town Code Enforcement Officer any authority that has been conferred upon the Village Code Enforcement Officer pursuant to the Village Code or any other applicable Law, rule or regulations. 1. Purpose The purpose of this MOU is to establish an agreement forthe Town to provide a certified Code Enforcement Officer to perform code enforcement services ("services") on a temporary basis for the Village. Services include only the following: 0 Review Building Permit applications and building plans for the issuance of building permits. 0 Conducting scheduled inspections for certificates of occupancy and building permit inspections as required, by the Village. 0 Submitting necessary inspection paperwork to the Village Secretary to the Planning and Zoning Board. 4 The Services do not include zoning code enforcement. 2. Scope of Services • The Town agrees to make available a certified Code Enforcement Officer to carry out the specified inspections for the Village. • The Village shalt notify the Town in advance of the need for an inspection to schedule the Code Enforcement Officer accordingly. • The Town shalt allocate no more than 14 hours per week. • The Village shalt make its attorney available to the Code Enforcement Officer on an as needed basis. 3. Fees and Payment I 0 Pay to the Town the sum of $45.00 per hour (prorated for any partial hours). The Town shalt submit invoices to the Village for the work performed, and the Village shalt process payments within 30 days of receipt of each invoice. 4. Term and Termination 0 This MOU shalt become effective on April 8, 2025, and shalt remain in effect forthirty (30) days. • Prior to expiration, either party may terminate this agreement with a 24 hour written notice to the other party. 5. Certification, Liability, Indemnification and Employment The Town shalt ensure that the: Code Enforcement Officer is property certified and qualified to perform the required inspections. • The Village of Wappingers Falls shalt provide general liability insurance for the Code Enforcement Officer. The Village of Wappingers Falls shalt defend, indemnify and hold the Town of Wappinger harmless for claims, actions, suits, demands, damages, Liabilities, obligations, losses, settlements, judgments, costs and expenses (including without Limitation reasonable attorneys' fees and costs) resulting from the provision of code enforcement services provided in good faith hereunder. The Town of Wappinger shalt hold the Village of Wappingers Falls harmless for work related injuries. At no point during the provision of services shalt a Town of Wappinger Code Enforcement Officer be considered an employee of the Village of Wappingers Falls in the: provision of services under this MOU. 6. Amendments Any modifications or amendments to this MOU must be in writing and signed by authorized representatives of both parties. 7. Governing Law This MOU shaLL be governed by and construed in accordance with the taws of the State of New York. 8.5ignatures IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Understanding as of the date first written above. Village of 'ager B M Kevin Huber, `Jilts eMayor Date: Town of Wa plinger By: H .10s o 0's�eph D. �7Caya�ccini, Town Supervisor Date: