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2016-10-17 Town of Wappinger 20 Middlebush Road Wappingers Falls,NY 12590 Special Meeting townofwappinger.us Minutes — Joseph Paoloni (845)297-5771 Monday, October 17, 2016 7:30 PM Town Hall I. Call to Order Supervisor Lori A. Jiava called the meeting to order at 7:30 PM. Attendee Name Organization Title Status Arrived Lori A. Jiava Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM William Ciccarelli Town of Wappinger Councilman Present 7:30 PM John J. Fenton Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Grace Robinson Town of Wappinger Deputy Town Clerk Present 7:30 PM II. Pledge of Allegiance III. Adopt Agenda 1. Motion To: Adopt Agenda ........ ......... ........ ........ ........ ........ ......... ........ ........ ......... ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Resolutions RESOLUTION: 2016-265 Resolution Accepting Performance Agreement Secured By Cash Deposit In Connection With All Angels Heights Subdivision WHEREAS, R.J.A. HLD. INC. (the"Owner") has made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in Subdivision Plans entitled"All Angels Heights Subdivision" prepared by Barger& Miller, Engineering & Land Surveying, PC, dated September 15, 2008, subsequently revised from time to time, as reflected in the resolution of the Planning Board granting Final Conditional Approval dated November 17, 2014, with the latest of the revision dates being August 12, 2014; and WHEREAS, the Town of Wappinger Planning Board granted Final Conditional Subdivision Approval to the Owner by Resolution dated November 17, 2014, subject to certain Town of Wappinger Page I Printed 111212016 Special Meeting Minutes October 17, 2016 public improvements being made and constructed within said subdivision as set forth in the construction documents prepared and submitted in connection therewith, and subject to completion of and/or the compliance with the requirements set forth in the Town of Wappinger Subdivision Regulations, Highway Specifications, Zoning Code(including compliance with escrow deposits), Municipal Stormwater Management Law, and Rules and Regulations of the Town of Wappinger; and WHEREAS, Town Law §277 requires that a developer of a proposed subdivision guarantee the construction, installation and dedication of the proposed improvements required by the Resolution of Approval,prior to the issuance of any Building Permits; and WHEREAS,the Town of Wappinger is requiring the Owner to make, construct, complete the improvements as set forth in the Resolution Granting Subdivision Approval and as may be required by the Town's employees and professionals in accordance with any relevant standards maintained by the Town of Wappinger and at its direction; and WHEREAS, to secure the obligation to guarantee the construction and installation of the required improvements and obligations, and compliance with required escrow deposits, Robert Macho ("Macho"), as President of the Owner, and individually as guarantor, has executed a Performance Agreement dated October , 2016 to be secured by a Cash Deposit made to the Town of Wappinger in the sum of One Hundred Four Thousand, Four Hundred and Twenty- Seven Dollars and Sixty Cents ($104,427.60), to secure the obligations set forth in the Performance Agreement; and WHEREAS, the Owner and Macho have covenanted and warranted to the Town of Wappinger that, in the event that the Owner fails to fully perform and complete all the requirements of the Resolution of Approval, then, upon the demand of the Town of Wappinger, the Town of Wappinger shall have the right to draw upon the Cash Deposit in an amount equal to the cost necessary to complete the required improvements; and WHEREAS,it is understood that the Town of Wappinger shall have the right to use said Cash Deposit toward the completion of any improvements required by the Resolution of Approval upon the default of the Owner to remedy the same within thirty (30) days following the first written notice to do so given to the Owner by the Town of Wappinger; and WHEREAS,the Performance Agreement executed by the Owner and by Macho individually as guarantor, further binds their heirs, executors, administrators, successors and assigns for the faithful performance of the obligations thereunder. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Performance Agreement executed by Robert Macho, both as President of the Owner and individually, in favor of the Town of Wappinger is hereby accepted as security to guarantee the completion of the construction, installation and dedication of the improvements required by the Resolution of Approval adopted by the Planning Board on November 17, 2014. 3. A Cash Deposit given to the Town of Wappinger in the sum of One Hundred Four Thousand, Four Hundred and Twenty-Seven Dollars and Sixty Cents ($104,427.60)is hereby declared to be acceptable as security for the obligations set forth in the Performance Agreement. The original Performance Agreement is to be placed on file with the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-265 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ................ .'­­­,­­­­­,­­­ • .... .. ❑ Defeated Lori A.nava Voter. Q.....................❑ ❑ ❑ Town of Wappinger Page 2 Printed 111212016 Special Meeting Minutes October 17, 2016 ❑ Withdrawn Willill am Ciccarelh Voter Q ❑ ❑ ❑ .......................... ......... ........,........ ..... ........,.... John J.Fenton Seconder Q ❑ ❑ ...❑..... ............... .............. ............. ........ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York October 17, 2016 The Resolution is hereby duly declared Adopted. V. Budget Discusssions 1. Town Clerk Town Clerk Joseph P. Paoloni addressed the board with the Town Clerk Budget. His purpose was to explain all the encompassing duties of the Town Clerk's office especially for the three new board members that might be unaware of all that the Clerk's office does. He presented a PowerPoint presentation to explain the value in terms of services rendered and then the cost over time from 1998 to the present; and, the cost relative to other neighboring municipalities for the purpose of demonstrating that the Wappinger Deputy Town Clerk services were at one time almost four(4) times (in constant dollars)what they are today; and, neighboring towns pay almost three (3)times what Wappinger pays. He added that Wappinger Town Clerk salary hasn't been raised since 2008; and, neighboring towns pay from $15,000 to $36,000 more than what Wappinger pays the Town Clerk. The presentation to explain the value was broken into 3 groups, those duties required by law; additional duties imposed by the Town Board not required by law; and, additional duties obtained by default in the absence of other positions at town hall. He stressed the point that while the Clerk budget is considerably less than what was in years past, the office does significantly more than what was done in year's past particularly with the recycle center permits which did not exist back then; and, with a larger town population which translates to more bonding, building, and ancillary operations. He added that the purchase of MinuteTrac software in early 2006 reduced the resources needed in the Town Clerk's office; but, Deputy Clerk salary costs in subsequent years were still more than double than what they are today. The duties were outlined as follows: General Duties by Law: • Attend Town Board Meetings - 2015 Meetings - 28 • Recording, Transcribing, Publishing and Archiving Town Board Minutes • Custodian of Town Records • Coordinating Records Management • Researching, Locating and Providing any and all requested documents for town employees and professionals. • Local Law Activities • Management of Town Laws and Ordinances • Filing Officer • Maintain the Signboard • Notification of Appointment of Public Officers • Notification of Vacancies • Duties Regarding Board of Assessment Review • Organizing the `Annual Records Management Day' • Bonding Activities working with Bond Council Town of Wappinger Page 3 Printed 111212016 Special Meeting Minutes October 17, 2016 • Duties Regarding Written Notices • Issuing and/or mailing bid packages for projects to prospective bidders along with the opening and recording these bids. Fiscal Duties abs • Managing of ALL towns funds from all departments excluding Taxes, Justice, and Grants. *** • Processing Funds and Closing Books - 2015 Cash Processed- $1.2 Million: Average Dollars per Transaction $105: 2015 Cash Transactions = 11,429 • Monthly Reporting of Payments and processing payments to Town Accountant, DEC, Department of Health, State Comptroller, Agriculture and Markets, etc.... • Budget Activities Office Duties abs • Managing the Equipment and Supplies for the Clerk's Office • Licensing - Marriage, including historical transcripts - 150 Marriages in 2015 • Death records, burial transit permits, including historical transcripts - 2015 Activity: 74 New Deaths Filed, 74 Burial Transits, 490 Historical transcripts • Corrections with the state for Death and Marriages - 22 Corrections filed with the state • Birth records, including historical transcripts • Genealogy Searches • Licensing - Dogs, Games of Chance, Hawkers and Peddlers, Hunting and Fishing: 2015 Activity - 728 Dogs, 150 Hunting and Fishing • Garage Sale Permits • Notification of Liquor Licensing • Processing Re-Zone Applications • Managing incoming and outgoing FOILS including record keeping in MS Access database - 2015 FOILS - 153 • Processing Vouchers for paying Invoices for leases, legal notices, etc.... • Zoning Referrals to Abutting towns and Dutchess County Planning Additional Duties imposed by the Town Board not required by Law • Collecting incoming mail - Sorting into employee inboxes • Processing outgoing mail - Stamping, Pitney Bowes Mach, Registered mail • Managing Postage Machine Funds • Processing Town Board Agenda • Issuing of Permanent and Temporary Handicap Permits including processing in the BAS database reporting to the state and Scanning into Laserfische (most towns have the Police handle this): 2015 Permits - 720 • Managing the town website for agendas, minutes and video • Managing the on-line record access in Laserfische • Managing the on-line Town's Code • Issuing, recording, and accept payments for the annual recycle center permit including replacing for new vehicles: 2015 activity 2,800 permits, 1,500 garbage tickets, 108 Freon, 108 Single use, 180 trailers • Issuing, recording, and accept payments for the garbage tickets, single-use passes, Freon permits, and trailer permits • Personal delivery of meeting packets and mail to town board member's homes. Town of Wappinger Page 4 Printed 111212016 Special Meeting Minutes October 17, 2016 Additional Duties obtained by default in the absence of other positions at Town Hall • Serving as the default Receptionist for all Town Operations • Serving as the default phone operator re-routing call to appropriate departments • Video Room Filming • Slide Show Management for Public Access Channels • Managing Video Room Equipment and ensuring reception of the Public Access Grant • Repairing 10 year old equipment in Video Room • Managing live meetings on town website through the Media Encoder • Initiating and Managing live meetings on town public access channels with re- broadcasting. • Managing re-broadcast of Village meetings on the Public Access Channels. • Managing the Town Calendar for ALL events He followed with charts detailing the cost both intra-municipally and inter-municipally. Town ofWapping r $1081615 D�eputyrClerk Service Cast$103,00 . ,a4JB.., 104,949 ,199$ 201•.6 (Constant:Collars) 2, ,IX11 ..... ,SI TAR 591,.539:$92.,935 ... ..S SA S62,559, 241$60,233 60, SSS s 5s .�pus ..... .... ..... ..... ....... $4Q COCl ., $30,479 S2$.�7dl$29,970 S27341 SmaQ S2Q000 + SM0,57 1949 1999 2,1100 21001 21002 20M 20C4 20s 2006 2007 202 2009 2010 2011, 2112 201132014 2015 2016 21017:,2. Town of Wappinger Page 5 Printed 111212016 Special Meeting Minutes October 17, 2016 S 01,01 01 01 h,2 2 3 Deputy Clerk Services Inter-Municipal Comparative Analysis :,29 9T( 2 13, 2 0,0 0I, Alkil I V/,I sl I i r I t u r I Vi I I Lost shkill Iloupjlke(;Psw 2. Tax Receiver Tax Receiver Lee Ann Freno explained the tax receiver's budget explaining the details including re-imbursement of items from the school district with regards to her duties in collecting taxes on behalf of the school district. She added that the 2015-2016 interest and penalty payments made to the town were $26,330.25 from the school tax collection; and, were $63,482.19 interest and penalty payments for the town and county. 3. Justice Court Supervisor Jiava spoke with Cheryl Hait and noted that there were contractual changes but nothing else significant. 4. Animal Control No changes whatsoever except a training line was added. 5. Assessor No changes. Councilman Beale asked for clarification of how the salary is paid between Fishkill and Wappinger for the joint CAP assessor. 6. Recreation and Senior Center Recreation Director Jessica Fulton explained that A7140.104, aerobic, does not reflect the full year as it is an ongoing program and should go from $2,000 to $2,400. Town of Wappinger Page 6 Printed 111212016 Special Meeting Minutes October 17, 2016 She added that B7310.410, transportation special programs, was over because the vendors were asking for deposits which eventually come back to the town. She added that she identified a software package, "Rec-Test" to aid in the management of field usage and management at Robinson Lane and other facilities. It would have online registration of summer camp and other activities, accept credit cards, have a mobile application, and allows for an online recreation guide. The first year cost would be $4,000 and $3,500 per year in subsequent years. The board agreed to put a $2,000 place holder in this line item and the director would have to come up with the rest. Councilman Beale cited as an example, the saving with the Town Clerk's usage of MinuteTraq which began in early 2006. Councilman Kuzmicz asked to add $500 to A7020.100 for Ralph Holt. 7. Supervisor and Town Board Supervisor Jiava explained that there are no changes to the Town Board items from the 2017 Departmental budget. She added that A1010.200 should include the flags and the stands. She also added a place holder for a Legislative Aid. 8. Wrap Up Nothing added. VI. Adjournment 1. Motion To: Wappinger Adjournment& Signature The meeting adjourned at 9:15 PM. Joseph Patrick Paoloni Town Clerk ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 7 Printed 111212016 4.1.a PERFORMANCE AGREEMENT SECURED BY A SURETY BOND/LETTER OF CREDIT This Performance Agreement, executed this day of October, 2016,jointly made by co 2 R.J.A. HLD. INC., whose address is 59 Point Street, Wappinger, NY 12590 (hereinafter referred a as to as the "Principal"), and Robert Macho, having the same address (hereinafter "Macho' or "Guarantor," and collectively with the Principal, the "Obligors"), in favor of the Town of Wappinger, a municipal subdivision with its offices at Town Hall, 20 Middlebush Road, 0 as Wappingers Falls, New York, as Obligee (hereinafter the "Town"). WHEREAS, the undersigned Principal has made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a Subdivision e Plat entitled"All Angels Heights Subdivision" prepared by Barger& Miller, Engineering & Land C4 M co Surveying, PC, dated September 15, 2008, subsequently revised from time to time, as reflected in the resolution of the Planning Board granting Final Conditional Approval dated November 17, co 0. Ui 2014, with the latest of the revision dates being August 12, 2014; and cox WHEREAS, the Town of Wappinger Planning Board granted final conditional subdivision approval to the Principal pursuant to Resolution dated November 17, 2014, subject Ui to certain public improvements being made and constructed within said subdivision as set forth Ui in the construction documents prepared and submitted in connection therewith, and subject to co Ui completion of and/or the compliance with the requirements set forth in the Town of Wappinger w Ui Subdivision Regulations, Highway Specifications, Zoning Law (including compliance with Ui required escrow deposits), and Municipal Stormwater Management Law (the "2014 Subdivision z Approval"); and WHEREAS, Town Law §277 requires that a developer of a proposed subdivision guarantee the construction, installation and dedication of the required public improvements E - 1 - Packet Pg. 8 4.1.a required by the Resolution of Subdivision Approval, prior to issuance of any building permits; as and co2 WHEREAS, to secure the obligations to guarantee the construction, installation and a as dedication of the required public improvements and obligations, and, compliance with required escrow deposits, Macho, the President of the Principal, has further agreed to personally guarantee E the obligations set forth in this Performance Agreement. 0 as NOW, THEREFORE, the undersigned Obligors hereby agree to undertake the following: 1. That they will well and truly make, construct, complete the improvements, and C4 e agrees to comply with and perform all of the obligations set forth in the Town of Wappinger C4 M co Uj Subdivision Regulations, Highway Specifications, Zoning Law (including payment of required escrow deposits), and Municipal Stormwater Management Law, including stormwater co 0. Uj management system maintenance, road maintenance and snow removal in accordance with the cox Town of Wappinger Code, all in accordance with the 2014 Subdivision Approval. 2. Until such time as any proposed roads, as shown on the aforementioned Uj subdivision map, are dedicated to the Town of Wappinger, the undersigned agrees to maintain Uj said roads, and to keep them clear and passable during inclement weather, remove snow and ice co Uj with the same frequency and with the same standards as kept by the Town of Wappinger w Uj Highway Department, and at the direction of the Town of Wappinger Highway Superintendent. Uj 3. Upon construction and completion of the required improvements and obligations set forth above, including payment of any required financial obligations, and upon request of the U- Town, the undersigned will dedicate the required public improvements to the Town, free and Uj 0.2 Packet Pg. 9 4.1.a clear of any liens or obligations as set forth in the Local Laws, Ordinances, Rules and as Regulations of the Town of Wappinger. co 2 4. As security for this Performance Agreement, and the obligations contained herein, a as including sums sufficient to pay for attorneys' or consultants' fees in the event the undersigned fails to perform the obligations hereunder, the undersigned hereby agrees to deliver to the Town E of Wappinger the following security for the faithful performance of the obligations the 0 as undersigned has undertaken herein: a Cash Deposit in the sum of One Hundred Four Thousand, Four Hundred and Twenty-Seven Dollars and Sixty Cents ($104,427.60), securing the obligations set forth in this Performance Agreement and in the 2014 Subdivision Approval. C4 e 5. The Obligors understand and agree that they shall not receive the subdivision map C4 M co signed by the Town until the Cash Deposit has been provided to the Tow and until allUi outstanding fees and payments owed in connection with the 2014 Subdivision Approval have co 0. been made to the Town. cox 6. The Obligors understand and agree that no building or other permits shall be issued by the Town until such time as proof of filing of the 2014 Subdivision Map with the Dutchess County Clerk has been provided to the Town and all outstanding fees and payments have been made to the Town. co Ui 7. By his signatures below, the undersigned further binds, as applicable, the w successors or assigns, heirs, executors and administrators of the Obligors, for the faithful Ui performance of the obligations set forth herein. 8. The Obligors hereby covenant and warrant to the Town of Wappinger that, in the U. event that they fail to fully perform and complete all the requirements of the 2014 Subdivision Ui 0. Approval, then, upon the written demand of the Town, the Town shall have the right to draw a 3 Packet Pg. 10 4.1.a upon the Cash Deposit in an amount equal to the cost necessary to complete the required as improvements. co 2 9. The Obligors further agree that, after the expiration of thirty (30) days from the a as date that written notice given by the Town of a default of their obligations under the 2014 Subdivision Approval, the Town shall have the right to use said Cash Deposit toward the E completion of any improvements required by the Resolution of Approval or the Town. 0 as 10. The Obligors further acknowledge that, if any of the obligations created hereunder or by the 2014 Subdivision Approval are not performed, the remaining lots within the subdivision will no longer be eligible for building permits and/or Certificate(s) of Occupancy C4 e until such defaults are cured. C4 M co Uj In witness whereof, this Performance Agreement has been executed and delivered on the date first above written. co a. Uj R.J.A. HLD. INC. co By: Robert Macho, President Robert Macho,individually, as Guarantor ACKNOWLEDGMENT STATE OF NEW YORK ) co ss.: z COUNTY OF DUTCHESS ) Baa On the day of October, 2016, before me, the undersigned,personally appeared Robert Macho, individually and as President of R.J.A. HLD. INC.,personally known to me or proved to me on the w 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. U. w Notary Public 4 Packet Pg. 11