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2020-06-22 Town of Wappinger Regular Meeting ~ Minutes ~ I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:00 PM William H. Beale Town of Wappinger Councilman Present 7:00 PM Angela Bettina Town of Wappinger Councilwoman Present 7:00 PM Christopher Phillips Town of Wappinger Councilman Present 7:00 PM Al Casella Town of Wappinger Councilman Present 7:00 PM Grace Robinson Town of Wappinger Deputy Town Clerk Present 7:00 PM Jim Horan Consultant Attorney Present 7:00 PM Tim Moot Consultant Engineer Present 7:00 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of June 8, 2020 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IV. Public Portion 1. Motion To: Open Public Portion Town of Wappinger Page 1 Printed 7/9/2020 RESULT:ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella V.Monthly Financial Update - Awino Frederick Awino presented the monthly financial report for the first 5 months of 2020. More detail can be found in the video in the town website. VI. Supervisor of Buildings and Grounds 1. Carnwath Administration Building Roof Repair Authorization - Frazier Steve Frazier presented on the Administration Building Roof Repair at Carnwath Park. He is still in discussions with the Engineer and Attorney on proceeding with next steps. A section of roof was blown off. The shingles were not installed properly by contractor. 2. Motion To: Authorize Steve Frazier to allocate $37,000 to partially pay for a Dump Truck out of the B-Fund The remainder will come out of surplus of $12,745 to add to the $10,000 that was budgeted. The total cost of the dump truck is $67,780. The purchase will be out of line item B7110.200, by July 10th. The dump truck capabilities include slat spreading, snow plowing, and towing. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 3. Motion To: Spend $11,495 For a Playground Fence at Robinson Lane From Adams Fence RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 2 Printed 7/9/2020 VII.Highway Superintendent 1. Motion To: Purchase a Mini-Escavator for $55,730 with Surplus Sales of $43,000 and from budget line DB5130.200 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Highway Department Trucks For Salt, Sand and Plow - Sheehan Highway Superintendent Mike Sheehan gave the cost of 3 trucks over $625,285 Each man has over 5 miles of roads to take care of. The following is the email he referred to: VIII. Attorney 1. Motion To: Spend $1,500 for 30 Highway Signs That Read "No Motorized Vehicles" out of the A7110.418 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Authorize Attorney to Send Letter to Planning Board regarding Wappinger Farms Accepting the Proposal Outlined by the Developer Wappinger Farms is an 11 lot subdivision. Attorney Horan said, "they would take out the two existing lots, so they will pay rec fees on 9 lots, and they will reserve a portion and create a second lot for future dedication to the town, should the town want to use it." Councilman Casella ask why 9 lots and not 11. Attorney Horan noted that recreation fees are paid on new lots. Town of Wappinger Page 3 Printed 7/9/2020 RESULT:ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IX. Engineer 1. Challenger Field Bathroom - CPL Tim Moot presented on Challenger Field bathroom. Plans need to be submitted to the DOH. Once the town gets approval it will be presented to board to go to bid. 2. Motion To: Authorized the Expenditure of $100,000 for Spookhill Park for the Parking Lot and Bathroom which is expected to be re-imbursed from Grant Engineer Moot updated the progress and explained Phase III, which includes the exercise equipment. Cost for all phases is $345,000; but $100,000 for Phase I and II. Randi Ross explained fund raised in the amount of $100,000. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 3. Motion To: Spend up to $19,000 from the Parkland Trust to update the Memorial at Martz Field The board agreed to spend up to $19,000 from the parkland trust to update memorial at Martz Field. No documents were provided to the town board for recording in these minutes. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 4. Hometown Hero Kevin Hathorn explained the hometown hero program. X.Supervisor 1. Safety, Health, Environment Advisory Council - Thurston COMMENTS - Current Meeting: Discussion was postponed for more time to review. No future date was given. Town of Wappinger Page 4 Printed 7/9/2020 2. Motion To: Discuss Town Hall Greeter/Part Time HR (Co-Share w/ East Fishkill) in Executive Session To discuss in Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 3. Motion To: Appraise Parcel on Wheeler Hill Rd/Amherst Dealing with the 2 acre property parcel near tall trees. Motion to do appraisal; but, to discuss future plans with the parcels. RESULT: ADOPTED \[4 TO 0\] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: William H. Beale, Angela Bettina, Christopher Phillips, Al Casella RECUSED: Richard Thurston XI. Other 1. Parks in General, Specifically Quiet Acres Park - Chris Phillips Further discussion set for the July 13th meeting. Town of Wappinger Page 5 Printed 7/9/2020 2. Re-Opening of Ballfields - Fulton Director Fulton proposed the opening of the ball fields. No vote was taken. 3. Status on Need for Local Law 3 Regarding Outdoor Seating at Restaurants - Roberti This will continue as a backup to the State and County requirements. 4. Motion To: Workshop For Athletic Fields Workshop Meeting for Saturday July 11th, 10:00am - 12:00pm RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 6 Printed 7/9/2020 XII.Resolutions RESOLUTION: 2020-110 Resolution Accepting Padasana Court And Related Easements For All Angels Heights Subdivision Together With Maintenance Agreement Secured By Cash Deposit Town of Wappinger Page 7 Printed 7/9/2020 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-110 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Mover Defeated William H. Beale Voter Tabled Angela Bettina Voter Withdrawn Christopher Phillips Voter Next: 8/24/20 7:00 PM Al Casella Seconder Dated: Wappingers Falls, New York June 22, 2020 The Resolution is hereby duly declared Tabled. RESOLUTION: 2020-123 Resolution Adopting Town Of Wappinger Workplace Violence Prevention Policy Statement Town of Wappinger Page 8 Printed 7/9/2020 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-123 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Mover Dated: Wappingers Falls, New York June 22, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-124 Correspondence Log The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-124 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Mover Withdrawn Al Casella Voter Dated: Wappingers Falls, New York June 22, 2020 The Resolution is hereby duly declared Adopted. XIII. Items for Special Consideration/New Business XIV.Executive Session - Contract Negotiation, Collections Claim/Administrative Agency Matter 1. Motion To: Enter Executive Session Town of Wappinger Page 9 Printed 7/9/2020 RESULT:ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Al Casella SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella RESOLUTION: 2020-125 Resolution Approving Memorandum Of Agreement With CSEA Local 1000 Afscme AFL- CIO (CSEA) WHEREAS- the term January executed by the parties to the CBA in November 2016, which 2016 MOA was replaced by a Revised Memorandum of Agreement executed by the parties in January 2017; and WHEREAS, the Town appointed a committee to negotiate the terms of the CBA subject to the final approval of the Town Board; and WHEREAS, the parties deem it fitting to put in place a CBA for a term commencing January 1, 2018 and ending December 31, 2020; and WHEREAS, the parties further agree to fix the term for the forthcoming CBA to commence on January 1, 2018 and to end on December 31, 2020, subject to the consent of the ng unit WHEREAS, the MOA provides that it is subject to ratification by the Town Board and the CSEA; and WHEREAS, the negotiating committee unanimously recommends that the proposed MOA be ratified by the Town Board; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Memorandum of Agreement between the Town and CSEA dated June 26, 2020, is hereby ratified and approved, subject to the approval of the CSEA. 2. The Town Supervisor is hereby authorized and directed to execute the Memorandum of Agreement in the form annexed hereto. 3. The Town Board hereby approves the funding for such agreement and directs that compensation be increased in accordance with the MOA and that payments for retroactive compensation be made by the Town as soon as practicable after ratification by the CSEA. Town of Wappinger Page 10 Printed 7/9/2020 4. The Town Board hereby directs the Town Comptroller or his designee to calculate the increases in pay that are due in accordance with the MOA and provide a report to the Town Board of the amounts due and paid. Transfer to be made from B balance to DB Payroll. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-125 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Al Casella Voter Dated: Wappingers Falls, New York June 22, 2020 The Resolution is hereby duly declared Adopted as Amended. XV.Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 10:50 PM. ____________________ Joseph P. Paoloni Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 11 Printed 7/9/2020 10.1 Town of Wappinger, NY/Part I, Administrative Legislation Chapter 9 Safety, Health, and Environment Advisory Council \[HISTORY: Adopted by the Town Board of the Town of Wappinger 4-16-1984 by L.L. No. 2-1984. Amended _______ 2020.\] § 9-1 Legislative Intent. The preservation and improvement of the quality of the safety, health and natural/man-made environment within the Town of Wappinger , in the face of population growth, urbanization, safety and health challenges caused by Acts of Nature, environmental change, pandemic, and technological change with their accompanying demands on human and natural resources, are found to be of increasing and vital importance to the safety, health, welfare, and economic well- being of present and future inhabitants and require forthright action by the governing body of the Town of Wappinger. It is recognized that the safety, health, and biologic integrity of the natural environment on which residents are dependent for sustainability and survival, and the natural and functional beauty of our surroundings which condition the quality of our life experience cannot be protected without the full cooperation and participation of all the people of the town working in partnership with local and state officials and with various public and private institutions, agencies and organizations. Establishment of a council focused on a complementary, integrated approach to our safety, health and environment, is a necessary step in fostering unified action on safety, health and environmental challenges. § 9-2 Establishment of a Council. The Town Board of the Town of Wappinger hereby creates a Council which shall be known as the "Town of Wappinger Safety, Health and Advisory Council," Communication: Safety, Health, Environment Advisory Council - Thurston (Supervisor) hereinafter called the "Council." § 9-3 Membership. A. The Council shall consist of seven members, including the Town Supervisor who shall sit for his term(s) in office, one additional member of Packet Pg. 12 10.1 the Town Board (for the length of his/her term(s) in office) and fiveother members who the Town Board shall appoint each for a 4 year term. Other members may be appointed as ex officio members as provided in section9-3 B. Persons residing within the Town of Wappinger who are interested in the improvement and preservation of health and environmental quality shall be eligible for appointment as a member of the Council. Vacancies on the Council shall be filled in the same manner as the original appointment except that a vacancy occurring other than by the expiration of term of office shall be filled only for the remainder of the unexpired term. \[Amended 9-22-1988 by L.L. No. 13-1988, _____ 2020, No.xxxx\] B. One additional member of the Town Board, the Chairman of the Planning Board, the Superintendent of Highways, Town Attorney or Attorney to the town and other officials that may be hereafter designated by the Town Board shall be ex officio members of the Council. § 9-4 Chairperson, meetings and committees. The Town Board shall designate a member of the Council to act as Chairperson thereof. The Council shall adopt rules and procedures for its meetings. It shall keep accurate records of its meetings and activities and shall file an annual report as provided in § 9-6 of this chapter. § 9-5 Powers and duties of the Council. The powers and duties of the Council shall be to: A. Advise the Town Board on matters affecting: the safety, health and welfare of the Town, the preservation, development and use of the natural and man- made features and conditions of the Town insofar as safety, health and the quality, biologic integrity, beauty and other environmental factors are concerned; in the case of man's activities and developments, advise on any Communication: Safety, Health, Environment Advisory Council - Thurston (Supervisor) major threats posed to safety, health and environmental quality of living, so as to enhance the long-range value of the safety, health, and environment to the people of the Town. B. Develop and, after receiving approval by resolution of the Town Board, conduct a program of public information in the community which shall be Packet Pg. 13 10.1 designed to foster increased understanding of the nature of safety, health and environmental problems and issues and support for their solutions. C. In working with the Town Board and the Department of Building and Grounds, assist in maintaining an inventory of Town-owned lands including parks, and natural resources within the Town. D. Maintain, as reasonable as possible, an up-to-date index of all open spaces as defined in § 239-y of the General Municipal Law, in public or private ownership within the Town, including but not limited to natural landmarks, glacial geomorphic or physiographic features; streams and their floodplains, swamps, marshlands and other wetlands; unique biotic communities; scenic and other open areas of natural or ecological value. Such index shall include the ownership, present and proposed uses of such open areas, so as to provide a base of information for recommendations by the Council for their preservation and/or use. E. Seek to coordinate, assist and unify the efforts of private groups, institutions, and individuals within the TOW in accord with the Legislative Intent of this chapter. F. Maintain liaison and communications with public and private agencies and organizations whose programs and activities have an impact on the quality of safety, health, and environment or who can be of assistance to the Council. G. Working in cooperation with the Planning Board, recommend from time to time to the Town Board features, plans and programs relating to environmental improvement for inclusion in the Master Plan of the Town of Wappinger and, similarly, recommend to the Town Board appropriate and desirable changes in existing local laws and ordinances relating to safety, health, and environmental/land use controls or recommend new local laws and ordinances. Communication: Safety, Health, Environment Advisory Council - Thurston (Supervisor) H. Prepare, print and distribute books, maps, charts and pamphlets in accord with the Legislative Intent of this chapter. I. Obtain and maintain, as reasonably as possible in an orderly fashion, maps, reports, books and other publications to support the necessary researches of the Council into local safety, health, and environmental conditions. Packet Pg. 14 10.1 J. When authorized by resolution of the Town Board of the TOW, the Council may accept, by gift, grant, devise, bequest or otherwise, property both real and personal in the name of the TOW, as may be necessary to conserve and otherwise properly utilize open spaces and other land and water resources within the boundaries of the TOW. Such real property may be accepted in fee for land and water rights or as any lesser interest, development right, easement, including conservation easement, covenant or other contractual right, including conveyance with limitations or reversions. K. The Board shall from time-to-time determine which activities, functions and responsibilities are not part of the ongoing responsibility of the Council. For example: (i) the Bureau of Fire Prevention (§85-21, maintains various duties and powers related to fire prevention); and (ii) the preparing Emergency Preparedness Plan. Unless called upon by the Board, the Council shall have no responsibilities in these areas. L. Assist the Town Supervisor and the Town Board in identifying and applying for grant funding consistent with the Legislative Intent. L. Carry out such other duties as may be assigned by the Town Board from time-to-time. §9-6 Reports. The Council shall keep accurate records of its meetings and actions and shall submit an annual report to the Town Board not later than the 31st day of January of each year, concerning the activities and work of the Council for the immediately prior calendar year. From time to time, the Council shall submit such other reports and recommendations as may be necessary to fulfill the purpose of this chapter. Communication: Safety, Health, Environment Advisory Council - Thurston (Supervisor) §9-7 Compensation and expenses. The members of the Council, excluding the Supervisor, but including ex officio members, shall, upon resolution of the Town Board, receive a stipend or stipends for their services as members thereof. All members may be reimbursed for reasonable Packet Pg. 15 10.1 and necessary expenses incurredin the performance of their duties within the appropriations made available therefor. §9-8 Construal of provisions. This chapter shall be deemed an exercise of the powers of the TOW to preserve and improve the quality of the safety, health, natural and man-made environment on behalf of the present and future inhabitants of the Town. This chapter is not intended and shall not be deemed to impair the powers of the Town Board, or the Zoning Board of Appeals, or the Planning Board of the Town of Wappinger. Communication: Safety, Health, Environment Advisory Council - Thurston (Supervisor) Packet Pg. 16 12.1.a Attachment: 2020-4-30 Padasana Court-AAH Road Acceptance (RES-2020-110 : Accepting Padasana Court And Related Easements For All Packet Pg. 17 12.1.a Attachment: 2020-4-30 Padasana Court-AAH Road Acceptance (RES-2020-110 : Accepting Padasana Court And Related Easements For All Packet Pg. 18 12.1.c Attachment: All Angels Heights Maintenance Agreement for Roads (RES-2020-110 : Accepting Padasana Court And Related Easements For All Packet Pg. 19 12.1.d Attachment: 20200506-Padasana Crt Ltr (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 20 Attachment: Padasana Crt-Final As-built (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Subdivision) 12.1.e Packet Pg. 21 12.2.a TOWN OF WAPPINGER Workplace Violence Prevention Policy Statement Town of Wappinger is committed to the safety and security of our employees. Workplace violence presents a serious occupational safety hazard to our agency, staff, and clients. Workplace Violence is defined as any physical assault or act of aggressive behavior occurring where a public employee performs any work-related duty in the course of his or her employment, including, but not limited to, an attempt or threat, whether verbal or physical, to inflict physical injury upon an employee; any intentional display of force which would give an employee reason to fear or expect bodily harm; intentional and wrongful physical contact with a person without his or her consent that entails some injury; or stalking an employee with the intent of causing fear of material harm to the physical safety and health of such employee when such stalking has arisen through and in the course of employment. Acts of violence against any of our employees where any work-related duty is performed will be thoroughly investigated and appropriate action will be taken, including involving law enforcement authorities when warranted. All employees are responsible for helping to create an environment of mutual respect for each other as well as clients and visitors, following all policies, procedures and practices, and for assisting in maintaining a safe and secure work environment. This policy is designed to meet the requirements of New York State Labor Law Art. 2 §27-b and highlights some of the elements that are found within our Workplace Violence Prevention Program. The process involved in complying with this law includes a workplace evaluation that is designed to identify the risks of workplace violence to which our employees could be exposed. Authorized Employee Representative(s) will, at a minimum, be involved in: Evaluating the physical environment; Developing the Workplace Violence Prevention Program; and Reviewing workplace violence incident reports at least annually to identify trends in the types of incidents reported, if any, and reviewing the effectiveness of the mitigating actions taken. All employees will participate in the annual Workplace Violence Prevention Training Program. The goal of this policy is to promote the safety and well-being of all people in our workplace. All incidents of violence or threatening behavior will be responded to immediately upon notification. All personnel are responsible for notifying the contact person designated below of any violent incidents, threatening behavior, including threats they have witnessed, received, or have been told that another person has witnessed or received. Designated Contact Person: For Employees other than Highway Department For Highway Department Employees Richard Thurston Michael Sheehan Title: Supervisor, Town of Wappinger Title: Superintendent of Town Highways Department: Office of the Supervisor Department Highway Department Phone: (845) 297-2744 Phone: (845) 297-9451 E-mail: rthurston@townofwappingerny.gov email: msheehan@townofwappingerny.gov Attachment: Workplace Violence Prevention Policy Statement for Town and Highway 6-18-2020 new (RES-2020-123 : Resolution Adopting Town Packet Pg. 22 12.2.b Attachment: Town of Wappinger Workplace Incident Report (RES-2020-123 : Resolution Adopting Town Of Wappinger Workplace Violence Packet Pg. 23 12.3.a Attachment: 2020-06-22 A (RES-2020-124 : Correspondence Log) Packet Pg. 24 12.3.a Attachment: 2020-06-22 A (RES-2020-124 : Correspondence Log) Packet Pg. 25 12.3.a Attachment: 2020-06-22 A (RES-2020-124 : Correspondence Log) Packet Pg. 26 12.3.a Attachment: 2020-06-22 A (RES-2020-124 : Correspondence Log) Packet Pg. 27 12.3.a Attachment: 2020-06-22 A (RES-2020-124 : Correspondence Log) Packet Pg. 28 12.3.a Attachment: 2020-06-22 A (RES-2020-124 : Correspondence Log) Packet Pg. 29 12.3.a Attachment: 2020-06-22 A (RES-2020-124 : Correspondence Log) Packet Pg. 30 12.3.a Attachment: 2020-06-22 A (RES-2020-124 : Correspondence Log) Packet Pg. 31 12.3.a Attachment: 2020-06-22 A (RES-2020-124 : Correspondence Log) Packet Pg. 32 12.3.a Attachment: 2020-06-22 A (RES-2020-124 : Correspondence Log) Packet Pg. 33 12.3.a Attachment: 2020-06-22 A (RES-2020-124 : Correspondence Log) Packet Pg. 34 12.3.a Attachment: 2020-06-22 A (RES-2020-124 : Correspondence Log) Packet Pg. 35 12.3.a Attachment: 2020-06-22 A (RES-2020-124 : Correspondence Log) Packet Pg. 36 12.3.a Attachment: 2020-06-22 A (RES-2020-124 : Correspondence Log) Packet Pg. 37