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2017-05-22Monday, May 22, 2017 Call to Order Attendee Name Lori A. Jiava William H. Beale William Ciccarelli John J. Fenton Michael Kuzmicz Joseph P. Paoloni Grace Robinson David Stolman Al Roberts Salute to the Flag Town of Wappinger Regular Meeting Minutes Organization Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Consultant Consultant Adoption of Agenda 1. Motion To: Adopt the Agenda 7:30 PM Title Supervisor Councilman Councilman Councilman Councilman Town Clerk Deputy Town Clerk Planner RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Acknowledge Minutes 1. Motion To: Acknowledge May 8th, 2017 Minutes V. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Correspondence Log RESOLUTION: 2017-98 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Status Present Present Present Present Present Present Present Present Present Joseph Paoloni (845)297-5771 Town Hall Arrived 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM Town of Wappinger Page I Printed 61812017 Regular Meeting Minutes May 22, 2017 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log 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 -2017-98 Correspondence L ..... ............. ............. ............. ............... g - 20,17-05-22 Number To From Bate Bate Rec" I Re: A encla Date 35-22-331 Tom Board Tom Com roller 5/412317 5W2317 Warruts 2317 - T, U, V 512212317 35-22-302 Tom Board Bea O ui7ti 5/4/2317 5/4/2317 Variamp Applicatioii Fee Char e 5/2212317 35-22-333 Town Board Christopher B. Brown 4/27/2317 5/4/2317 Castle Point Landfill Post -Closure Requirements 5/2212317 35-22-334 Tom Board Ted-"Estrai7 e / FAM Goin 5/312317 5/312317 Re nest for ResoILF[iOrl / Hapiesthiq Or ail 512212317 35.22-335 Tom Board Fleetwood Board Maiia ers 511112317 511112317 Board of Maiia ers May 2317 - May 2318 512212317 35.22-335 Town Board FEMA / Luis V. Rodriquez 4/4/2317 5/15/2317 Letter of Map Amendment 5/2212317 35-22-337 Tom Board Tier Pettit 5/412317 5/1712317 Letter of Resi i7atioi7 512212317 35-22-333 Tom Board Elizabeth Satterlee 511512317 511712317 Tom Wide Bulb Pick-Up512212317 35,22 333 Town Board IAC En neerin / Ernst Martin 5/1212317 5/1712317 CoSM Project / Coni7ection to Mater System 512212317 35-22-313 Tom Board Lee Amie Freiio 5/1812317 5/1812317 Moi7thl Tax Report April 2317 512212317 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 -2017-98 Yes/Aye No/Nay Abstain Absent El Adopted " " 0 Adopted as Amended Lori A. Jiava ... ... ................. Voter ............ a ................ ❑ ................. ❑ ................ 0 ...... ❑ Defeated .William William H. Beale Seconder 0 ❑ ................ ❑ ❑ ..... ❑ Tabled Ciccarelli................ Voter .. ....... D ...............❑ ❑ ......................... ❑ Withdrawn John J. Fenton ...................... Voter ..... ...... 0 ❑ ........,........ ❑ ❑ .......❑ ..... Michael Kuzmicz Mover D.........,........ ❑ ❑........ , Dated: Wappingers Falls, New York May 22, 2017 The Resolution is hereby duly declared Adopted as Amended. VI. Public Portion 1. Motion To: Open Public Portion Resident Gary Lindstrom asked why the Local Law on Antique cars has a definition of 40 years old as an antique car versus the motor vehicle definition of 25 years. Attorney Roberts explained that that is a definition for DMV registration purposes but not for antiques. He added that caution was exercised in the law making process on not having junk cars in a lot being treated as antiques. When Mr. Lindstrom brought up Castle Cars on Route 376, planner David Stolman emphatically stated, "They will have to conform." Attorney Roberts added, "They're going to have to conform to the new provisions going forward, their business now as it stands, they've been there continuously for many years, so restoration in and of itself can continue there, the new provisions they will have to conform to." Town of Wappinger Page 2 Printed 61812017 Regular Meeting Minutes May 22, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VII. Discussions 1. Property maintenance Bldg Dept Barbara Roberti addressed the issue of property maintenance. Councilman Fenton asked about abandoned properties. Zoning Administrator Roberti said that they are cataloguing them. Councilman Fenton questioned the process in taking a more aggressive approach on abandoned properties in that rather than having a public hearing each time in cumbersome and suggested a remedy of mowing, billing, and if no payment levy to their property taxes. Councilman Ciccarelli asked about the Route 9 corridor. Councilman Beale added that NY State resources have been cut and the medians that have been adopted in the town of Poughkeepsie are paid out of their town resources. 2. CO Search Process Zoning Administrator Barbara Roberti indicated that inspectors do not search the yard on a Certificate of Occupancy search and thus the new owner gets saddled with the remedy. She suggested Certificate of Occupancy searches by inspectors should include a walk through on the property. Attorney Roberts explained that this was done in the past, but not anymore. Attorney Roberts explained that the banks require a municipal search and we are sending a document saying, 'No Violations'. A meeting on this is planned and Attorney Roberts is to send a memo. 3. Bulk Pick Up Councilman Beale suggested a need to have the cooperation of the Highway Superintendent before having a town -wide bulk pickup undertaking adding that selective items discarded could cause issues. The discussion continued regarding what items could be picked up and how to address violations at the curb. Councilman Kuzmicz expressed a need to look at the cost. A workshop discussion is set for June 14th where this can be discussed. 4. Motion To: Ask Engineer to Determine Specifics for Brothers Road Paving Supervisor Jiava opened the discussion by reminding the board that at the last meeting board members were asked to come back with a list of roads in their wards that needed paving. Town of Wappinger Page 3 Printed 61812017 Regular Meeting Minutes May 22, 2017 Attorney Roberts explained that a majority of the board has to sign the 284 agreement once the roads were decided upon. Currently, Brothers Road will be paved using the $220,000 needed to be spent to max out on the Consolidated Highway Improvement Program. Councilman Fenton asked to table this discussion to the June 14th workshop. The discussion continued regarding the cost per mile with the indeterminate factor being paving and milling or just paving along with a discussion of bonding or using fund balance. Highway employee Mr. Sheehan estimated that Losee Road should be milled as well. Supervisor Jiava asked for the board to hone in on specific roads to brim to the June 14th discussion. RESULT: ADOPTED [UNANIMOUS] MOVER: John J. Fenton, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 5. Car Show Joey Cavaccini explained the details of a 4th of July car show showcasing American made automobiles. Supervisor Jiava asked for a memo detailing these discussed items before the board approves it. Ralph Holt said a road has to be closed. Councilman Beale wanted to be assured that the participants had insurance. 6. Motion To: Approve Addditional Pickleboard Court at Pye Lane Tennis Court Area Ralph Holt asked for another Pickle ball Court at the tennis courts. Steve Frazier said he would need to order the equipment. The cost is minimal, temporary and only modifies the tennis court lines but does not Drohibit tennis from beim Dlaved. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 7. Vision and Mission Statement Discussion Moved to the June 12th, Board Meeting. VIII. Resolutions RESOLUTION: 2017-93 Resolution Introducing Local Law No. 3 Of 2017 Which Would Amend Chapter 240, Zoning, Of The Town Code By Adding New Principal And Accessory Uses And New Supplementary Special Permit Use Regulations Regarding The Restoration And Sale Of Antique Passenger Motor Vehicles WHEREAS, the Town Board is considering the adoption of Local Law No. 3 of 2017 which would amend Chapter 240, Zoning, of the Town Code by adding new principal and accessory uses Town of Wappinger Page 4 Printed 61812017 Regular Meeting Minutes May 22, 2017 and new supplementary special permit use regulations regarding the restoration and sale of antique passenger motor vehicles; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 3 of 2017 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. 3 of 2017 for 7:30 PM on the 12th day of June, 2017 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, the EAF and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, the EAF and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239-m of the New York State General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, the EAF, and the public hearing notice to the Town of Wappinger Planning Board for its review in accordance with the provisions of § 240-112 of the Town of Wappinger Zoning Code. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-93 D Adopted El Adopted as Amended Yes/Aye No/Nay Abstain Absent Town of Wappinger Page 5 Printed 61812017 Regular Meeting Minutes May 22, 2017 ❑ Defeated Lori A. Jiava Voter 0 ❑ ❑ ❑ ❑ Tabled ..................................... William H. Beale ote................................................................................. Voter D ❑ ❑ ❑ ❑ Withdrawn William Ciccarelli Seconder 0 El ❑ JohnJ. Fenton .......................... Voter.........D ................... ❑.................... ❑.................. ❑....... Michael Kuzmicz...................... Mover ..... ...... D.........,........ El........,........ ........ 11........................................11 , .......❑ ..... Dated: Wappingers Falls, New York May 22, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-99 Resolution Authorizing The Execution Of The Agreement Between The Town Of Wappinger And The Town Of Wappinger Little League Association, Inc. WHEREAS, the Town Board finds that it is in the best interests of the Town to have the Town of Wappinger Little League Association, Inc. provide a program of softball and baseball activities for the boys and girls of the community; and WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation Committee and the Director of Recreation, has negotiated the terms of a proposed Service Agreement with the Town of Wappinger Little League Association, Inc., a copy of which is attached hereto; and WHEREAS, the Town Board, in accordance with the Town's Procurement Policy, has determined that the nature of services to be provided by the Town of Wappinger Little League Association, Inc. are classified as a "sole source"; and WHEREAS, the Town Board acknowledges the very successful program the Town of Wappinger Little League Association, Inc. has administered for the last 40 years or so and wishes to continue having the Town of Wappinger Little League Association, Inc. provide softball and baseball activities for the boys and girls of the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: I. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board Members acknowledge they have reviewed the terms and conditions of the proposed "Service Agreement" attached hereto, and they find the terms contained therein reasonable and consistent with the relationship the Town has had with the Town of Wappinger Little League Association, Inc. over the last 40 years or so. 3. The Town Board hereby authorizes the Town Supervisor to execute said Service Agreement with the Town of Wappinger Little League Association, Inc. in accordance with the terms and conditions contained therein, which Agreement, among other provisions, authorizes the Town to pay the sum of Six Thousand Dollars ($6,000.00) to the Town of Wappinger Little League Association, Inc. to provide softball and baseball activities for the boys and girls of the community for the 2017 baseball/softball season. Supervisor Lori A. Jiava is hereby authorized and directed to execute the Service Agreement between the Town of Wappinger and Town of Wappinger Little League Association, Inc. in substantially the same form as attached hereto, a copy of which is affixed hereto. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 6 Printed 61812017 Regular Meeting Minutes May 22, 2017 ✓ Vote Record - Resolution RES -2017-99 Yes/Aye No/Nay Abstain Absent 0 Adopted ❑ Adopted as AmendedLori . A. Jia va Voter D El .................. ❑ El Defeated .illiamCiccarelli William H. Beale ....................Voter... D ......,........❑........,...... ❑ ... ....... ❑...... ..❑.................. El Tabled Tabled ..................... Voter ......D..................❑.................❑. El Withdrawn John J . Fenton ................... ... Seconder ..... ...... 0 El ❑ ❑ , .......❑ ..... Michael Kuzmicz Mover D.........,........ El........,........ ❑........ Dated: Wappingers Falls, New York May 22, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-100 Resolution Ratifying And Confirming Execution Of Agreement For Services Between Town Of Wappinger And International Data Base Corp. D/B/A Bidnet WHEREAS, the Town of Wappinger, a municipal subdivision, is required to comply with the competitive bidding sections of General Municipal Law (GML) § 103 and the Town's Procurement Policy adopted pursuant to GML § 104-b; and WHEREAS, in recent years the Town has experienced difficulties in getting sufficient responses to its notices of bids for purchase contracts over $20,000 or for public works contracts over $35,000; similarly, for those items not requiring competitive bidding pursuant to GML § 103, the Town is required to get requests for proposals for purchase contracts under $20,000 and for public works contracts under $35,000; and WHEREAS, the Town's engineering firm, Morris Associates Engineering and Surveying Consultants, PLLC, has recommended that the Town utilize the services of International Data Base Corp. d/b/a "BidNet", which provides web -based solicitation and bidding services in an effort to solicit a broader base of vendors and bidders; and WHEREAS, the Town has several contracts and/or projects imminently pending that would come within the purview of GML § 103 requiring competitive bidding or the Town's Procurement Policy requiring solicitation of proposals; and WHEREAS, BidNet has submitted a proposed Agreement to the Town, which has been executed by the Supervisor on May 11, 2017; and WHEREAS, the Supervisor has verbally polled Town Board Members, all of whom have indicated the Agreement should be executed as quickly as possible. 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 Town Board hereby confirms its intention to enter into a written Agreement for Services with International Data Base Corp. d/b/a BidNet to provide web -based solicitation and bidding services, including maintenance and support services, in an effort to solicit a broader base of vendors and bidders. The Town Board hereby approves, ratifies and confirms the action of Supervisor Lori A. Jiava in executing the Agreement for Services between the Town of Wappinger and International Data Base Corp. d/b/a BidNet executed on May 11, 2017, in the form attached hereto. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 7 Printed 61812017 Regular Meeting Minutes May 22, 2017 ✓ Vote Record - Resolution RES -2017-100 Yes/Aye No/Nay Abstain Absent 0 Adopted ❑ Adopted as Amended -Lori A. Jia va Voter ... D El .................. ❑ El Defeated William H. Beale ....................Mover .illiamCiccarelli ......D ......,........❑........,...... ❑ ... ....... ❑...... . .0.. El Tabled Tabled .....................Voter... ......D..................❑.................❑. El Withdrawn John J. Fenton .......................Secon Voter ........ 0 El ........,........ ❑ ❑ ..... Michael Kuzmicz der, D.........,........❑ ❑........,.......❑ Dated: Wappingers Falls, New York May 22, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-101 Resolution Authorizing Superintendent Of Highways To Issue A Highway Work Permit To Install Sewer Lines On Marlorville Road In Connection With The Obercreek Subdivision WHEREAS, Obercreek L.P. was the owner of a parcel of property having frontages on both New Hamburg Road and Marlorville Road; and WHEREAS, Obercreek L.P. made application to the Town of Wappinger Planning Board for a 14 -lot average density subdivision, which was granted Final Subdivision Plat Approval on June 20, 2014, for the subdivision known as "Obercreek Farm Subdivision"; and WHEREAS, Obercreek L.P. transferred all of its right, title and interest to the subject subdivision to Obercreek Development, LLC; and WHEREAS, the Town of Wappinger Planning Board determined that the proposed action i.e. the creation of the 14 -lot average density subdivision, was a Type I action with respect to State Environmental Quality Review Act (SEQRA) and Wappinger Environmental Quality Review (WEQR); and WHEREAS, the Town of Wappinger Planning Board circulated a Notice of Intent to be Lead Agency, so notified the Town of Wappinger Town Board by serving a copy of the Notice of Intent as an Involved Agency and the Town Board raised no objection thereto; and WHEREAS, on February 3, 2014, the Planning Board adopted a Negative Declaration for this proposed action, i.e. 14 -lot average density subdivision; and WHEREAS, Obercreek L.P., as original applicant, made arrangements with the Dutchess County Water & Wastewater Authority (DCWWA) to operate a community wastewater treatment system and, as part thereof, was required to construct a sewer collector line within Marlorville Road, a Town of Wappinger road; and WHEREAS, New York State Highway Law § 149 and County Law § 263 requires the owner of the subdivision, originally Obercreek L.P. and now Obercreek Development, LLC, to obtain permission from the Town Highway Superintendent and the Town Board to construct and install a sewer collector line under and through Marlorville Road; and WHEREAS, the Town Superintendent of Highways has consented to the installation and maintenance of the sewer collector line within the dedicated boundaries of Marlorville Road; and 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 Town Board hereby authorizes Obercreek Development, LLC, successor in interest to Obercreek, L.P., to construct, install and maintain a sewer collector line within the boundaries of Marlorville Road, with the understanding that Obercreek Development, LLC will Town of Wappinger Page 8 Printed 61812017 Regular Meeting Minutes May 22, 2017 transfer over and convey all of its right, title and interest to the sewer collector line, together with the other appurtenances of the community system wastewater treatment infrastructure to the DCWWA for operation and maintenance purposes. 3. The Permit is authorized on the further condition that the applicant will repair and restore the portions of Marlorville Road so disturbed to the reasonable satisfaction of the Superintendent of Highways. 4. The Permit is issued on the further condition that Obercreek Development, LLC, or its successor DCWWA, will keep such collector pipe in good repair and save the Town harmless from all damages which may occur by reason of the installation of the collector pipe within Marlorville Road, and upon notice by the Superintendent of Highways, Obercreek, L.P., or DCWWA, as the case may be, will make all repairs required for the protection or preservation of the highway. 5. The Permit of the Superintendent of Highways, with the consent of the Town Board, and the acceptance of the applicant, Obercreek Development, LLC, shall be executed in duplicate, one of which shall be filed in the Office of the Town Clerk and the other in the Office of the DCWWA. The Superintendent of Highways is hereby authorized to sign the required Permit and any other documents to evidence the consent of the Town Board. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-101 Yes/Aye No/Nay Abstain Absent D Adopted ...... ❑ Adopted as Amended Lori A. Jiava Voter 0 ..0...... ❑ ...... ❑❑ ......... . ElDefeated William H. Beale ................... Mover...,....... El.... ❑ ......,..... ❑ ... ❑ Tabled William Ciccarelli.. ................... Voter D El❑ ❑ El Withdrawn John J. Fenton ....................Seconder ... Voter .........D 0 ........,........ El ❑ ❑ .......❑ ..... Michael Kuzmicz El........,........ ❑........, Dated: Wappingers Falls, New York May 22, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-102 Resolution Introducing "Local Law No. 4 Of The Year 2017, Amending Section 230-46 Of The Code Of The Town Of Wappinger, To Prohibit Parking Along Both Sides Of Front Street From Its Intersection With Bank Street Heading In A Northerly Direction To Its Termination At The Hudson River" WHEREAS, Front Street, from its intersection with Bank Street heading in a northerly direction, leads to and ends at a boat launch into the Hudson River which is owned and maintained by the Town of Wappinger; and WHEREAS, the Town Board has received a request from Supervisor of Buildings and Grounds, Steven Frazier, that parking be prohibited along both sides of Front Street from its intersection with Bank Street heading in a northerly direction to its termination at the Hudson River; and WHEREAS, the Supervisor of Buildings and Grounds has indicated that many cars and automobiles with trailers park along Front Street blocking and/or impeding access to the boat Town of Wappinger Page 9 Printed 61812017 Regular Meeting Minutes May 22, 2017 launch making use of the boat launch hazardous for other motorists and pedestrians; and WHEREAS, the Superintendent of Highways and the Supervisor of Buildings and Grounds both concur in this request and now recommend that parking be prohibited along both sides of Front Street from its intersection with Bank Street heading in a northerly direction to its termination at the Hudson River. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 4 of the Year 2017 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to 6 NYCRR Part 617. The Town Board hereby schedules a Public Hearing on the proposed adoption of the annexed Local Law No. 4 of 2017 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 12th day of June, 2017, at 7:30 p.m. and the Town Clerk is hereby directed to post and publish the Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less than ten (10) days prior to said public hearing date, as required by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-102 Yes/Aye No/Nay Abstain Absent D Adopted .Lori .............. ..❑.. ....,.... ..❑........,... ..❑..... ❑ Adopted as Amended A. Jiava ...... Voter... D ......... ........ ....... . ❑ Defeated William H. Beale ............... .William Voter .. ... D ......,...... ❑ ❑ .... . ❑ ... ..... ❑ Tabled Ciccarelli ......................Mover ......D.........,...... ❑ ......,........ ❑ ❑ ❑ Withdrawn John J. Fenton .......................Seconder Voter ........ D ❑ ........,........ ❑ ❑ ..... Michael Kuzmicz D.........,........❑ ❑........,.......❑ Dated: Wappingers Falls, New York May 22, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-103 Resolution Appointing Part -Time Deputy Fire Inspector WHEREAS, the Town Board of the Town of Wappinger has previously created the position of part-time Deputy Fire Inspector and such position is now current; and WHEREAS, the Town Board is satisfied that Anthony Marquez is qualified for the position of part-time Deputy Fire Inspector. NOW, THEREFORE, BE IT RESOLVED, that the Town Board appoints Anthony Marquez to the position of part-time Deputy Fire Inspector at the pay rate of $17.50 per hour; and Town of Wappinger Page 10 Printed 61812017 Regular Meeting Minutes May 22, 2017 BE IT FURTHER RESOLVED, that Mr. Marquez's employment shall be subject to all terms and conditions of the collective bargaining agreement between the Town of Wappinger and Teamsters Local 445; and BE IT FURTHER RESOLVED, that the Town Supervisor, or her designee, is authorized to complete and file with the Dutchess County Department of Human Resources all paperwork required by that office in connection with this appointment. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-103 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Lori A. Jiava Voter 0 ❑ . ....,.... ..❑..........................................0..... ❑ ..❑........,... ❑ ..❑..... ❑ Defeated William H. Beale ................... ..................... Voter ..... D.........,.... .,.... ....... ....,.... ....... ...,... ....... . ❑ Tabled William Ciccarelli Seconder D ❑ ❑ ❑ ❑ Withdrawn John J. Fenton ...................... Voter ..... ...... D ❑ ........,........ ❑ ❑ , .......❑ ..... Michael Kuzmicz over D.........,........ ❑ ❑........ , Dated: Wappingers Falls, New York May 22, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-104 Resolution Appointing Part -Time Account Clerk WHEREAS, the Town Board of the Town of Wappinger has previously created the position of part-time Account Clerk and such position is now current; and WHEREAS, the Town Board is satisfied that Debra Brown is qualified for the position of part-time Account Clerk. NOW, THEREFORE, BE IT RESOLVED, that the Town Board appoints Debra Brown to the position of part-time Account Clerk effective retroactively May 11, 2017; and BE IT FURTHER RESOLVED, that Debra Brown shall be paid at the pay rate of $25.00 per hour; and BE IT FURTHER REVOLVED, that the term of this appointment shall not exceed 90 days from the start of Ms. Brown's employment; and BE IT FURTHER RESOLVED, that all terms and conditions of Ms. Brown's employment shall be governed by the Employee Handbook; and BE IT FURTHER RESOLVED, that the Town Supervisor, or her designee, is authorized to complete and file with The Dutchess County Department of Human Resources all paperwork required by that office in connection with this appointment. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-104 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Lori A. Jiava Voter 0 ❑ ❑ ❑ El Defeated William H. Beale ..................... Seconder .............. 0 ....... ......... ❑ ....... ......... ❑ ....... ....... ❑ ....... . El Tabled Tabled illiam Ciccarelli ....................... Voter D El❑ ❑ El Withdrawn John J. Fenton ...................... Voter ..... ...... 0 ❑ ❑ ❑ .......❑ ..... Michael Kuzmicz Mover D.........,........ El........,........ ❑........ , Town of Wappinger Page 11 Printed 61812017 Regular Meeting Minutes May 22, 2017 Dated: Wappingers Falls, New York May 22, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-105 Resolution Awarding Contract For Construction Work At The Emergency Services Building WHEREAS, the Town requires certain repairs and reconstructive work to the Town of Wappinger Emergency Services Building; and WHEREAS, pursuant to the Town's Procurement Policy, Robert J. Gray, P.E., Engineer to the Town, circulated a Request for Proposal for the proposed work; and WHEREAS, only one proposal was received and the price of the proposal exceeded the statutory limit for public bidding, to wit, $35,000.00, per the Town's Procurement Policy and General Municipal Law § 103; and WHEREAS, Robert J. Gray, P.E. of Morris Associates Engineering & Surveying Consultants, PLLC, Engineer to the Town, was able to negotiate a revised proposal for the sum of $34,900.00 by eliminating the removal of the door in the bathroom and use the door being removed from the hallway as the new bathroom entry door and tape and prime paint only new sheetrock; and WHEREAS, Robert J. Gray, P.E. has determined that the revised proposal received from Rondack Construction, Inc. is reasonable, falls within the Town's Procurement Policy, not otherwise requiring public bid and recommends that Rondack Construction Inc. should be awarded the contract in the revised proposal amount of $34,900.00; and WHEREAS, the Town Board wishes to award the contract in accordance with the recommendation of Robert J. Gray, P.E. 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 Town of Wappinger hereby awards the Agreement for the construction work at the Town of Wappinger Emergency Services Building to Rondack Construction, Inc., 5 Bingham Mills Road, Germantown, New York 12526, in the revised proposal amount of $34,900.00. 3. The Town Board hereby authorizes the Supervisor to execute the Agreement, in substantially the same form as annexed hereto, after the Attorney to the Town has confirmed that Rondack Construction, Inc. has supplied the necessary insurance certificates. The Town Board hereby further authorizes the Supervisor to execute the Notice of Award after the proposal is awarded by the Town Board and the Notice to Proceed after the Agreement has been signed by both parties and forward a copy of both the Notice of Award and Notice to Proceed to Rondack Construction, Inc. upon their execution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-105 0 Adopted Yes/Aye No/Nay... Abstain Absent ❑ Adopted as Amended .,.. ........ ..... ❑ Defeated Lori A.hava Voter.. D ...............❑.......,........❑.. .... ❑ El Tabled William H. Beale Voter D ❑ ❑ ❑ Town of Wappinger Page 12 Printed 61812017 Regular Meeting Minutes May 22, 2017 ❑ Withdrawn William Ciccarelh Voter 0El❑ ❑ .............................,.............. .......,........ ..... ..... John J. FentonMover0❑❑ ❑ Michael Kuzmicz Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York May 22, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-106 Resolution Introducing Proposed Amendment To Town Comprehensive Plan In Connection w/ DeGarmo Plaza WHEREAS, the Town Board is considering an amendment to the Town Comprehensive Plan for the purpose of adding a small amount of property to the Commercial designation as a result of what was perhaps an inadvertent omission; and WHEREAS, the subject property is part of the DeGarmo Plaza shopping center and is known as tax parcel 6258-02-781586 (the "Subject Property"), which is located immediately to the north and east of the lot comprising the majority of the shopping center (tax parcel 6258-02-759569) on Myers Corners Road; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the rezoning of the two above mentioned tax parcels and an amendment to the Town Comprehensive Plan regarding the Subject Property; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption the proposed amendment to the Town Comprehensive Plan as shown on attached Exhibit A entitled, "Proposed DeGarmo Plaza Amendment of Comprehensive Plan," and dated May 16, 2017. Town of Wappinger Page 13 Printed 61812017 Regular Meeting Minutes May 22, 2017 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed amendment to the Comprehensive Plan for 7:30 PM on the 12th day of June, 2017 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the Proposed Amendment to the Town Comprehensive Plan: a. To serve a copy of this resolution, the annexed proposed amendment to the Town Comprehensive Plan, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed amendment to the Town Comprehensive Plan, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed amendment to the Town Comprehensive Plan and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-106 Yes/Aye No/Nay Abstain Absent D Adopted ..D .........,.........❑.. ....,.........❑........,.......❑..... ❑ Adopted as Amended Lori A.Jiava ....... Voter ........... ..... .. .. ... ..... ❑ Defeated William Fl. Beale ................................................................. Voter D „❑ ......... „ ❑ ............ ❑ ...d....... ❑ Tabled William Ciccarelli ......................................................................................... Voter D ❑ ..................................... ❑ ❑. ❑ Withdrawn John J. Fenton ...................... Seconder 111 ..... ...... El ❑ ........,........ ❑ ❑ .......❑ ..... IlI Michael Kuzmicz Mover D.........,........ ❑ ❑........ , Dated: Wappingers Falls, New York May 22, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-107 Resolution Authorizing Engineer To Solicit Bids For Emergency Services Building Renovation Project WHEREAS, the Town of Wappinger owns the Emergency Services Building which is located at 16 Middlebush Road, Wappingers Falls, New York (adjacent to Town Hall); and WHEREAS, the Emergency Services Building is partly occupied by the New York State Police and will be occupied by Empire State Ambulance Corp. d/b/a EmStar, the ambulance service provider to the Town -wide Wappinger Ambulance District; and Town of Wappinger Page 14 Printed 61812017 Regular Meeting Minutes May 22, 2017 WHEREAS, the Emergency Services Building is in disrepair and requires various renovations; and WHEREAS, the Supervisor has negotiated a new lease with the New York State Police and, as a condition of such new lease, certain repairs, as requested by the New York State Police, will have to be made; and WHEREAS, the Town Board has determined that it is in the best interest of the Town to undertake the necessary renovation work required to the Emergency Services Building; and WHEREAS, the estimated cost of the renovations is in excess of $35,000 and therefore requires competitive bidding pursuant to General Municipal Law § 103; and WHEREAS, the Town Board previously authorized the Engineer to the Town to prepare contract documents and bid specifications for the purpose of soliciting bids pursuant to General Municipal Law § 103. 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 Town Board has determined that the renovations to the Emergency Services Building is a Type 11 Action pursuant to 6 NYCRR § 617.5(c)(1) and § 617.5(c)(6) and is exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). 3. In accordance with the bid specifications and contract documents that were prepared by the Engineer to the Town, the Town Board hereby authorizes the Engineer to the Town to advertise for bids pursuant to General Municipal Law § 103, the Town's Procurement Policy and the codes, rules and regulations of the Town of Wappinger, and to report to the Town Board the results of such bidding. 4. In an effort to reach the greatest number of potential bidders, the Town authorizes and directs the engineers to utilize the services of BidNet and to post the Notice to Bidders and bid documents on the Town's website. 5. All sealed bids shall be submitted to the Town Clerk in accordance with the bidding instructions and shall be publicly opened by the Town Clerk and read aloud at the time set forth in the notice to bidders. 6. After receipt of the bids the Town Board shall award the contract for the project in accordance with General Municipal Law § 103, reserving the right to reject any and all bids in accordance with applicable law. If all bids are rejected, the Town Board may re -advertise for new bids if, in their sole judgment, it is determined to be in the best interest of the Town. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-107 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended . Ori A. Jiava Voter 0 El ❑ El Defeated .W.illiam H. Beale ............... .. Voter D El ❑ El Tabled Tabled illiam Ciccarelli .......................... Voter ......... 0 .................. El ................. ................ ❑ ...... El Withdrawn John J. Fenton ...................... Seconder ..... D ...... ll"D.........,........ o ........,........ o ❑ , .......❑ ..... Michael Kuzmicz Mover ❑ ❑........ Dated: Wappingers Falls, New York May 22, 2017 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 15 Printed 61812017 Regular Meeting Minutes May 22, 2017 RESOLUTION: 2017-108 Resolution Introducing Local Law No. 5 Of 2017 Which Would Amend Chapter 240, Zoning, Of The Town Code By Modifying The Shopping Center (SC) District And Changing The Zoning Of Two Parcels To SC WHEREAS, the Town Board is considering the adoption of Local Law No. 5 of 2017 which would amend Chapter 240, Zoning, of the Town Code by modifying the Shopping Center (SC) District and changing the zoning of two parcels to SC; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the rezoning of the two above mentioned parcels and an amendment to the Town Comprehensive Plan regarding one of the parcels (as specified in the Local Law); and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 5 of 2017 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. 5 of 2017 for 7:30 PM on the 12th day of June, 2017 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Town of Wappinger Page 16 Printed 61812017 Regular Meeting Minutes May 22, 2017 Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-108 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent El Defeated Lori A. Jiava Voter D ❑ ❑ ❑ Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Lori A. Jiava Voter D ❑ ❑ ❑ El Defeated William H. Beale ..................... Seconder .............. 0 ....... ......... ❑ ....... ......... ❑ ....... ....... ❑ ....... . El Tabled William Ciccarelli ....................... Voter D El❑ ❑ El Withdrawn John J. Fenton ...................... Voter ..... ...... 0 El ❑ ❑ .......❑ ..... Michael Kuzmicz Mover D.........,........ El........,........ ❑........ , Dated: Wappingers Falls, New York May 22, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-109 Resolution Authorizing Change Order No. 2 For Town Hall Building Windows Replacement Project WHEREAS, by Resolution No. 2016-313 adopted by the Town Board on December 21, 2016 and amended by Resolution No. 2016-315 adopted by the Town Board on December 31, 2016, the Town Board awarded a bid to Basec Corp. in the amount of $125,740.00 for the replacement of windows in Town Hall; and WHEREAS, by a motion of the Town Board on March 13, 2017, the Town Board approved a change to the contract amount, increasing the contract amount by $28,168.00, which resulted in a revised contract sum in the amount of $153,908.00; and WHEREAS, Robert J. Gray, P.E. of Morris Associates Engineering Consultants, PLLC, Engineer to the Town, has identified necessary changes to the Contract and has recommended that the Town Board approve Change Order No. 2 to the Contract dated January 18, 2017. 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. The Town Board hereby approves Change Order No. 2 to the above-mentioned Contract in the increased amount of $8,213.61, which Change Order will bring the revised Contract sum to the amount of $162,121.61 all as set forth in Change Order No. 2 dated May 18, 2017, a copy of which is affixed hereto. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-109 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent El Defeated Lori A. Jiava Voter D ❑ ❑ ❑ Town of Wappinger Page 17 Printed 61812017 Regular Meeting ADOPTED [UNANIMOUS] Minutes William Ciccarelli, Councilman SECONDER: William H. Beale, Councilman May 22, 2017 Jiava, Beale, Ciccarelli, Fenton, Kuzmicz ❑ Tabled William H. Beale Seconder 0 ❑ ❑ ❑ El Withdrawn ..................................................................................................................................... William Ciccarelli Mover 0 ❑ ❑ ❑ John J. FentonVoter D El ❑ Michael Kuzmicz ...............Voter... D.........,........❑........,........❑........,.......❑..... Dated: Wappingers Falls, New York May 22, 2017 The Resolution is hereby duly declared Adopted. IX. Items for Special Consideration/New Business Councilman Ciccarelli addressed cost savings with the lights at the Robinson Lane Ball Fields. He has provided all the data on to the Angelletti Lights Company to save money. X. Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz XI. Post Executive Session Discussion 1. Motion To: Hire 2017 Summer Camp Employees Town of Wappinger Page 18 Printed 61812017 Regular Meeting Minutes May 22, 2017 LF,U I I I I d ILC I I I I d I L MEMO T0: LORI JI.A.1.A., TONINSUPERVISOR WILLI.A-M BE.UE,,,, COUNCILM.A-N V 71LLI.AM CICC.ARELLI, CC LT Jo� FENTON,, COUNCILMS A -N MICEUEL KUZ.MICZ,, COUNCIL M.A-N .UBERT ROBERTS,, TON17NATTORNEY FROXE R.UPH HOLT. RCS: TION COMMITTEE CI -L . JESSICA FULTON. RECREATION DIR.ECTOR D ATL; May 17,1 . E 2017 SUBJECT: 2017 Summer Camp We are in need of a camp, director for the 2017 camp, seas oil.. After iiitenieNvs were conducted by the recreation director and the recreation committee chair, werecommend that Keri., Gallm ail be hired as camp, director at the rate of $18-00 per hr.. Ms.. Gallmain has been very active in organizing acti-vities for children of all ages through tier involvement with the scouts.. Some time ago she also worked at a, camp for special needs children. Ms.. Gallman has a baclielor"s degree in therapeutic recreation.. We believe that Ms.. Gaillman has the personality and energy to get sp mg camp, staff motivated... ensuring that w e have a wonderful program this summer.. Ms.. G allm an discussed some of her ideas for the summer camp, program with us ail, d w e'vv ere certainly impressed.. Also_ for this camp, season we recommend rehiring Sarall Piccorelli as returning head counselor at a rate of S12-50,.. Ms.. Piccorelli has'vvorked for the summer camp, as a head counselor for three years and has been instrumental in helping us transition through our new summer camp, directors.. Ms.. G allm ail, and Ms.. Piccorelli are going t o he a great team ail d iNill Work to create a great summer camp experl en ce for the youth of our community.. Jessica. Fulton Ralph Hok Recreation Director Recreation Con'=ktee: Chair RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 19 Printed 61812017 Regular Meeting Minutes May 22, 2017 XII. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:37 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Lori A. Jiava, Supervisor AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 20 Printed 61812017 Packet Pg. 21 Al ti ti ti ti ti ti ti ti� ti M 0 0 0 0 0 0 0 0 0 O O N N N N N N N N N N R N N N N N N N N N N N N N N LO N N N � N U) N LO� N C m L{) m� lf) � � � � Lf) to LO U-) Q Cn C a) 00 N o N Cn Co Cfj O T C U U p r o0 �O 0 > a) a � _ = _ O Ll O d C O a3 2 E -O U a) p Q Q CN O L a) � m o 0 I� is m 0 o Q ca U N o Q J (B CL O m ®N Q'o °�2E (o a) () a •O oI x N G L .m (6 to t0 a a) it 0-000 a) a) 3: > U � m -j -i F U CiN 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 N N N N N N N N N N \ Ul)\ \ \ \ LO\ Q J r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 N N N N N N N N N N Cl I` LO LO LO 0 C � ® CD V cc (—D Cy) Q% G Co a L L O LL - O N W m - "� �U— o N Co a) m c La� m '5 U) LL � � aa) 0 oQa _j c)c ♦♦ CU u -j Q W o a) a) a) W N >, N _ U 0 I - mUI-IiLL Lu -J, 0 f- -2 -a -a -o -2 -a -2 -2 -a -2 0 0 0 0 0 0 0 0 0 0 mmmmmmmmmm L 0 r N M";r LC) Co Il- 00 O) O -0 O O O O O O O O O r E 0 0 0 0 0 0 0 0 0 0 = N N N N N N N N N N Z N N N N N CV .) N N N N Lo Lo Lo Lo Lo U U.) Lo Lo Lf) 0 0 0 0 0 0 C) C) C) C) Packet Pg. 21 Al Doi OS2;� _ 05-22-2017 - 001 Abstract of Claim and Warrant for Payment of Claim Audited by Town Comptroller - T The following claims have been duly audited and allowed by the Town Comptroller of the Town of Wappinger, New York (the "Town"): Claim Packet: 2017-T Vendor A (General Town wide) B (General Part Town) DB (Highway Fund) T92 (Planning & Zoning Escrows Camo Camo Camo 36.00 Scott Volkman Esq 1,440.00 Al Roberts 234.00 Al Roberts 10,494.00 1,140.00 Al Roberts 648.00 1,818.00 Al Roberts 198.00 Al Roberts 126.00 Al Roberts 972.00 Al Roberts Al Roberts 162.00 Al Roberts 1,044.00 Al Roberts 4,302.00 Al Roberts 152.00 Al Roberts Staples 4.16 Optimum Cablevision 69.64 Chase Visa Card 446.91 Chase Visa Card 100.00 Chase Visa Card 485.97 Chase Visa Card 4.30 Morris Assoc 1,748.50 MAY 0:4 2017 TOWN OF WAPPINGI TOWN CLERK Packet Pg. 22 7,111.94 1 1,617.51 1 3,234.95 Morris Assoc HWN (Wapp Water Main) HMR (Water Meter Replacement) HWF (Hilltop Fac) 60.00 Morris Assoc 2,820.83 Morris Assoc Morris Assoc 9,395.20 3,220.50 Morris Assoc 447.00 Morris Assoc 670.50 Morris Assoc 1,014.00 Morris Assoc 74.50 Stormwater 550.00 Stormwater 650.00 Stormwater 575.00 Stormwater 126.00 775.00 Stormwater 900.00 Stormwater 300.00 Verizon Wireless 514.51 421.57 Amazon 135.63 Roberts IT Consulting 1,445.00 Totals $31,683.26 $10,621.08 $3,234.95 $13,199.00 Vendor HWN (Wapp Water Main) HMR (Water Meter Replacement) HWF (Hilltop Fac) WF (Fleetwood Water Camo 2,820.83 Camo Camo Scott Volkman Esq Al Roberts AI Roberts Al Roberts AI Roberts AI Roberts AI Roberts AI Roberts 126.00 Al Roberts AI Roberts Al Roberts Al Roberts 5.1.a Packet Pg. 23 Al Roberts Staples Optimum Cablevision Chase Visa Card Chase Visa Card Chase Visa Card Chase Visa Card Morris Assoc Morris Assoc Morris Assoc 4,888.50 Morris Assoc 745.00 Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless Amazon Roberts IT Consulting Totals $871.00 $4,888.50 8,237.50 7.501 $2,820.83 Vendor WH (Watch Hill Water) WT (Tall Trees Water) WU (United Wappinger Water SF (Fleetwood Sewer) Camo 1,708.33 2,541.67 88,750.00 Camo 8,516.67 Camo Scott Volkman Esq AI Roberts Al Roberts Al Roberts AI Roberts Al Roberts Al Roberts 5.1.a Packet Pg. 24 AI Roberts AI Roberts AI Roberts Al Roberts Al Roberts AI Roberts Staples Optimum Cablevision Chase Visa Card Chase Visa Card Chase Visa Card Chase Visa Card Morris Assoc Morris Assoc Morris Assoc Morris Assoc 1,829.96 Morris Assoc 447.00 Morris Assoc Morris Assoc Morris Assoc Morris Assoc Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless Amazon Roberts IT Consulting Totals $1,708.33 $2,988.67 $90,579.96 $8,516.67 Camo Camo 10,166.67 58,166.67 Camo Scott Volkman Esq 14,541.67 5.1.a Packet Pg. 25 SU SM (United SW (Midpoint Wapp (Wildwood Vendor Sewer) Sewer) Sewer Camo Camo 10,166.67 58,166.67 Camo Scott Volkman Esq 14,541.67 5.1.a Packet Pg. 25 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Staples Optimum Cablevision Chase Visa Card Chase Visa Card Chase Visa Card Chase Visa Card Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless Amazon Roberts IT Consulting Totals 1,062.00 180.00 2,377.44 1,093.00 1,494.50 1,080.50 $12,723.17 1 $61,804.61 1 $15,634.67 $269,512.20 5.1.a Packet Pg. 26 Vendor Town Board Hold Camo 95,820.83 Camo 91,391.68 Camo 36.00 Scott Volkman Esq 1,440.00 AI Roberts 234.00 AI Roberts 12,696.00 Al Roberts 2,466.00 AI Roberts 198.00 AI Roberts 126.00 AI Roberts 972.00 Al Roberts 126.00 Al Roberts 162.00 Al Roberts 1,044.00 Al Roberts 4,302.00 Al Roberts 152.00 Al Roberts 180.00 Staples 4.16 Optimum Cablevision 69.64 Chase Visa Card 446.91 Chase Visa Card 100.00 Chase Visa Card 485.97 Chase Visa Card 4.30 Morris Assoc 19,013.30 Morris Assoc 60.00 Morris Assoc 13,126.00 Morris Assoc 745.00 Morris Assoc 15,637.70 Morris Assoc 447.00 Morris Assoc 670.50 Morris Assoc 1,014.00 Morris Assoc 74.50 Stormwater 550.00 Stormwater 650.00 Stormwater 575.00 Stormwater 775.00 Stormwater 900.00 Stormwater 300.00 Verizon Wireless 936.08 Packet Pg. 27 5.1.a Amazon 135.63 Roberts IT Consulting 1,445.00 Totals $265,650.20 $3,862.00 $269,512.20 Abstract of Claim and Warrant for Payment of Claim Audited by Town Comptroller - U The following claims have been duly audited and allowed by the Town Comptroller of the Town of Wappinger, New York (the "Town"): Claim Packet: 2017-U Vendor A (General Town wide) B (General Part Town) DB (Highway Fund T92 (Planning & Zoning Escrows Central Hudson 35.66 Central Hudson 434.80 Central Hudson 47.40 Southern Dut News 88.00 Signal Graphics 357.56 Signal Graphics 6.84 Bottoni Fuel 8,554.65 Bottoni Fuel 190.63 Milton Alley Inc 291.00 Pine Bush Equip 187.24 Pine Bush Equip 12.56 Vehicle Tracking 936.00 Tri Muni Sewer Frederick P Clark 2,585.00 Frederick P Clark 2,356.00 Frederick P Clark 3,815.00 Frederick P Clark 2,400.00 Frederick P Clark 1,587.00 Frederick P Clark Packet Pg. 28 Frederick P Clark Frederick P Clark Ben Funk Inc. Ben Funk Inc. Thalle Ind Celia Sigalow Trans General Code Tech Air Dutchess Metal DC Truck Parts Hillman Signs Hillman Signs Advanced Auto Advanced Auto Advanced Auto Advanced Auto Partac Peat Corp Angels Power Equ Fishkill Plains Gar Custom Security Vanguard Ort Redi Rock Concrete Aflac D&D Doors Snap-On Tools John Joseph Karol Kelly Reimb Wapp Auto Tech Wapp Auto Tech Big Top PortaJohns Phil Dobrovich Phil Dobrovich Auto Zone 140.00 .2,950.08 6,635.00 5,470.00 350.00 417.00 21.00 110.00 75.00 20.89 124.00 10.00 711.96 320.00 722.92 138.65 575.00 192.32 263.70 51.95 23.22 7.00 94.50 187.26 EM 250.00 178.45 42.93 1,109.00 915.00 11,016.00 Packet Pg. 29 ITC Telephones 290.25 Sarjo Ind 32.43 SU (United Wapp Sewer) Sweeper Parts Town Board Central Hudson Joe Johnson Equip Central Hudson Jessica Fulton 434.80 Reim 168.75 Jessica Fulton 47.40 Southern Dut Reim 25.00 Rong Jie Wu News Trans 140.00 88.00 John Weber 150.00 Totals $17,703.89 $2 $1 410.60 124.21 Vendor T16 (Aflac) SU (United Wapp Sewer) Town Board Central Hudson 35.66 Central Hudson 1,587.00 434.80 Central Hudson 915.00 47.40 Southern Dut News 88.00 Signal Graphics 357.56 Signal Graphics 6.84 Bottoni Fuel 8,554.65 Bottoni Fuel 190.63 Milton Alley Inc 291.00 Pine Bush Equip 187.24 Pine Bush Equip 12.56 Vehicle Tracking 936.00 Tri Muni Sewer 226,190.47 226,190.47 Frederick P Clark 2,585.00 Frederick P Clark 2,356.00 Frederick P Clark 3,815.00 Frederick P Clark Frederick P Clark Frederick P Clark Frederick P Clark Frederick P Clark 11,016.00 Ben Funk Inc. 711.96 Ben Funk Inc. 320.00 427.00 I a 0 0 0 4„ Hold 1 00 n 2,400.00 1,587.00 1,109.00 915.00 Packet Pg. 30 Thalle Ind Celia Sigalow Trans General Code Tech Air Dutchess Metal DC Truck Parts Hillman Signs Hillman Signs Advanced Auto Advanced Auto Advanced Auto Advanced Auto Partac Peat Corp Angels Power Equ Fishkill Plains Gar Custom Security Vanguard Ort Redi Rock Concrete Aflac D&D Doors Snap-On Tools John Joseph Karol Kelly Reimb Wapp Auto Tech Wapp Auto Tech Big Top PortaJohns Phil Dobrovich Phil Dobrovich Auto Zone ITC Telephones Sarjo Ind Sweeper Parts Joe Johnson Equip Jessica Fulton Reim Jessica Fulton Reim Rong Jie Wu Trans John Weber Totals 110.60 . IF, 722.92 140.00 124.00 138.65 575.00 192.32 263.70 51.95 23.22 7.00 94.50 187.26 2,950.08 46.29 68.00 6,635.00 5,470.00 350.00 110.60 250.00 178.45 417.00 42.93 21.00 10.00 110.00 75.00 20.89 42.88 290.25 32.43 410.60 124.21 168.75 25.00 140.00 150.00 190.47 $278,796.65 $6,011.00 $284,807.65 $284,807.65 5.1.a Packet Pg. 31 5.1.a Abstract of Claim and Warrant for Payment of Claim Audited by Town Comptroller - III The following claims have been duly audited and allowed by the Town Comptroller of the Town of Wappinger, New York (the "Town"): Claim Packet: 2017-V Vendor A (General Town wide) B (General Part Town) DB (Highway Fund LC (Cameli Lighting) American Legion Post 650.00 Camo 618.00 Camo 260.00 Camo Central Hudson 1,637.53 Central Hudson 1,205.54 Central Hudson 41.41 Central Hudson 233.49 Central Hudson 551.43 Central Hudson 3,516.56 84.12 Central Hudson 14.68 NYS Empire H/i Prem 7,439.85 3,277.53 9,820.90 NYCOMCO 98.00 NYCOMCO 64.00 1,860.00 Poughkeepsie Journal 51.98 Royal Carting 25.00 Royal Carting 12,636.05 DC Sherriff Patrol 6,793.89 James Baisley Tree 335.00 Lori Jiava Reimburse 290.19 Thomson West Law Packet Pg. 32 Ir 1 i Coffee System 62.05 Ben Funk 315.00 Adams Power Equip 66.47 Thalle Ind Advance Auto Parts Advance Auto Parts Advance Auto Parts Brian Rexhouse Reimb Dell 1,669.52 PVE Sheffler Westchester Tractor MVP Health Care Select 166.50 Robert Wilson 50.00 Fishkill Plains Garage Atlas Star 219.69 Vignogna Performance Optimum 34.95 Optimum 174.79 Wells Fargo 323.00 Wells Fargo 336.76 Mackey Butts Wise 385.00 Mackey Butts Wise 560.00 Mackey Butts Wise 315.00 Mackey Butts Wise 35.00 Mackey Butts Wise Snap On Tools Bruce Lustig 1 25.00 Bruce Lustig 1 25.00 John George Reimb 25.00 402.50 1,185.24 1,297.66 259.74 27.83 26.91 777.15 63.00 50.00 220.00 105.29 Packet Pg. 33 Wappinger Auto Tech 10.00 Lisa Spinelli 25.00 Crystal Rock Water 334.46 Auto Zone 5.72 Delta Dental 1,626.44 352.67 HMR Joe Johnson Equip (Chelsea 1,491.23 Package Pavement Vendor 350.8C Healey Cheverolet Replacement) 227.2C JK Power Equip 1,119.84 Lou DiCocco 25.00 Totals $32,322.78 $15,020.15 $19,223.51 12 American Legion Post Camo Camo Camo Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson NYS Empire H/I Prem NYCOMCO NYCOMCO Poughkeepsie Journal Royal Carting Royal Carting DC Sherriff Patrol James Baisley Tree Lori Jiava Reimburse Thomson West Law Coffee System Ben Funk 2,696.20 3,456.00 Packet Pg. 34 LD LH HMR (Chelsea (Hughsonville (Water Meter Vendor Lighting) Lighting) Replacement) American Legion Post Camo Camo Camo Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson NYS Empire H/I Prem NYCOMCO NYCOMCO Poughkeepsie Journal Royal Carting Royal Carting DC Sherriff Patrol James Baisley Tree Lori Jiava Reimburse Thomson West Law Coffee System Ben Funk 2,696.20 3,456.00 Packet Pg. 34 Adams Power Equip Thalle Ind Advance Auto Parts Advance Auto Parts Advance Auto Parts Brian Rexhouse Reimb Dell PVE Sheffler Westchester Tractor MVP Health Care Select Robert Wilson Fishkill Plains Garage Atlas Star Vignogna Performance Optimum Optimum Wells Fargo Wells Fargo Mackey Butts Wise Mackey Butts Wise Mackey Butts Wise Mackey Butts Wise Mackey Butts Wise Snap On Tools Bruce Lustig Bruce Lustig John George Reimb Wappinger Auto Tech Lisa Spinelli Crystal Rock Water Auto Zone Delta Dental Joe Johnson Equip Package Pavement Healey Cheverolet JK Power Equip Lou DiCocco Totals $888.12 $2,696.20 $3,456.00 $73,690.88 Vendor Town Board Hold 5.1.a Packet Pg. 35 American Legion Post 650.00 Camo 618.00 Camo 260.00 Camo 3,456.00 Central Hudson 1,637.53 Central Hudson 1,205.54 Central Hudson 41.41 Central Hudson 233.49 Central Hudson 551.43 Central Hudson 7,185.00 Central Hudson 14.68 NYS Empire H/I Prem 20,538.28 NYCOMCO 98.00 NYCOMCO 1,924.00 Poughkeepsie Journal 51.98 Royal Carting 25.00 Royal Carting 12,636.05 DC Sherriff Patrol 6,793.89 James Baisley Tree 335.00 Lori Jiava Reimburse 290.19 Thomson West Law 208.00 Coffee System 62.05 Ben Funk 1,185.24 Adams Power Equip 66.47 Thalle Ind 1,297.66 Advance Auto Parts 259.74 Advance Auto Parts 27.83 Advance Auto Parts 26.91 Brian Rexhouse Reimb 25.00 Dell 1,669.52 PVE Sheffler 480.00 Packet Pg. 36 Westchester Tractor 777.15 MVP Health Care Select 166.50 Robert Wilson 50.00 Fishkill Plains Garage 63.00 Atlas Star 219.69 Vignogna Performance 50.00 Optimum 34.95 Optimum 174.79 Wells Fargo 323.00 Wells Fargo 336.76 Mackey Butts Wise 385.00 Mackey Butts Wise 560.00 Mackey Butts Wise 315.00 Mackey Butts Wise 35.00 Mackey Butts Wise 402.50 Snap On Tools 220.00 Bruce Lustig 25.00 Bruce Lustig 25.00 John George Reimb 105.29 Wappinger Auto Tech 10.00 Lisa Spinelli 25.00 Crystal Rock Water 334.46 Auto Zone 5.72 Delta Dental 1,979.11 Joe Johnson Equip 1,491.23 Package Pavement 350.80 Healey Cheverolet 227.20 JK Power Equip 1,119.84 Lou DiCocco 25.00 Totals $73,690.88 $0.00 $73,690.88 Packet Pg. 37 ZONING BOARD OF APPEALS SECRETARY Bea Ogunti - Ext. 122 ZONING ADMINISTRATOR Barbara Roberti - Ext. 128 May 4, 2017 TOWN OF WAPPINGER ZONING BOARD OF APPEALS 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 PH: 845-297-6256 Fax: 845-297-0579 5 -Mall: boguntIQtownofwappinger,us To: Supervisor Lori Jiava Councilman William Beale Councilman William Clccarelli Councilman John Fenton Councilman Michael Kuzmicz From: Bea Ogunti Planning/Zoning Board Secretary RE: Variance Application fee change Ltol -+ /os /.' SUPERVISOR Lori Jiava TOWN BOARD William H. Beale William Clccarelli John Fenton Michael Kuzmlcz ZONING BOARD OF APPEALS Howard Prager, Chairman Al Casella Peter Galottl Robert Johnston Richard Travis G�[�C�I�aML�D I`,`r'''y 0 4 2 01 Dear Supervisor Jiava and Town Board Members, at the Zoning Board of Appeals meeting held on April 25, 2017, the board instructed that I send a memo to you requesting the following fee changes: The ZBA is recommending that the Town Board increase the fees for residential variance to remain at $250.00 for any variance of 10% or less. This is to be increased to $500.00 for residential variance for anything over 10%. Commercial variance is to be increased to $1,000.00. Thank you. Packet Pg. 38 April, 27, 2017 Huds .1j /A 00 48 Springs 5.1.a ®/ "'— Poughkeepsie, NY 12603 845.454.254 www.pve-Ilc.cor ivil Engineering • Energy • Environmental • Land Development • Landscape Architecture a Municipal 9 SSttrCCurre Q • Survey Sedore & Company, CPAsOR Of Poughkeepsie, 2678 South Road, Suite 101 SUPEP-11 Poughkeepsie, New York 12601 Re: Town of Wappinger, Castle Point Landfill Post -closure Requirements and Costs; PVE, LLC File #560547 To Whom It May Concern: PVE, LLC is responsible for post -closure groundwater and landfill gas'monitoring for the Town of Wappinger at the Town's Castle Point Landfill. In accordance with 6NYCRR Part 360, the State's regulations governing closed landfills, groundwater and landfill - generated gasses must be monitored for a period of 30 years after closure (6NYCRR Part 360-2.15). This work has been conducted in accordance with the December 2000, NYSDEC approved, Post -Closure Monitoring and Maintenance (PCMM) Manual, prepared by Paggi, Martin & Del Bene, LLP. In July 2004, Conrad Geoscience requested that the frequency of groundwater monitoring be reduced from quarterly to annually, and that samples be analyzed in accordance with 6NYCRR Part 360 Baseline Parameters. This request was granted by NYSDEC shortly thereafter. Landfill gasses are monitored quarterly. Results of field inspections and sampling are reported to NYSDEC at the completion of services for that quarter. PVE, LLC provides landfill gas monitoring at an annual cost of $1,923.00, and annual groundwater monitoring at $2,500.00 per year. The total cost for 2015 services is $4,423.00. The cost to provide post -closure monitoring services, as outlined above, for the remaining post -closure monitoring period (15 years), at current rates, would be $48,653.00. If you have any questions, please do not hesitate to call. O Sincerely, PVE, LLC Christopher B. Brown, CPG Principal\Director of Environmental Services CBB/tla cc: Supervisor Town Clerk Robert J. Gray, Morris Associates Pennsylvania NYC West Virginia . Waterfront Corporate Park III 108 West 39`" Street 1700 MacCorkle Avenue, S.E. Suite 101 Suite 500 Charleston, WV 25314 2000 Georgetowne Drive New York, NY 10018 304.340.4821 Sewickley, PA 15143 646.602.4999 724.444.1100 MAY 0 4 2017 TOWN OF WAPPINGER TOWN CLERK. Ohio Texas 1156 E. State Street 10550 Richmond Avenue Salem, OH 44460 Suite 160 330.332.5200 Houston, TX 77042 713.375.1400 ext. 456 Packet Pg. 39 Truthfulness - Compassion - Forbearance 5.1.a dal -5- Jos lag -- RIECIENIED; MAY 0 9 2017 TOWN OF WAPPINGER TOWN CLERK Re: Request for Resolution Condemning China's State -sanctioned Harvesting Organs from Falun Gong Practitioners for Profit Honorable Councilman Michael Kuzmicz, Last July 20t' marked the 17"' anniversary of the Chinese Communist Party's persecution of Falun . Accordingly, we respectfully request your support for the attached motion calling for an end to the cGon violent persecution and state -sanctioned killing of Falun Gong practitioners and other prisoners of conscience in China for their organs. Falun Gong (also known as Falun Dafa) is a traditional Chinese self -cultivation practice based on theCL 0 principles of Truthfulness, Compassion, and Forbearance. Today, over 100 million people from all walks of life in over 100 countries cherish this practice that has brought them profound health c benefits and mental and spiritual well-being. 00° Yet, in mainland China, they are arrested and tortured in prisons, black jails, and labor camps for e refusing to renounce their faith. CD A June 2016 report by international investigators concluded that Falun Gong practitioners have been co UJ W killed on demand to fuel the country's lucrative transplantation industry. It finds that, even based on 04 minimum government -imposed capacity requirements to the transplant centers, the industry could have to performed over one million transplants since 2000. However, China has few voluntary donors. This barbaric crime has been condemned by H.Res.343, passed unanimously by the U.S. House of Representatives in June 2016, as well as resolution 201312981 passed by the European Parliament. Izi "This is one of the central tests of our time ... This is a new form of genocide. It's using the most respected members of society to implement it ... we can't avoid this any longer," observes Ethan Gutmann, investigative journalist and co-author of the new organ harvesting report. When matters like this are brought to light, our actions are what count. Your added voice will help Falun Gong practitioners in China who continue to stand up to evil, despite the grave situation they face. Your actions will send a clear and powerful message to the world that the people of the United States do uphold the principles of kindness and justice. Please sponsor and vote "yes" on the motion and join individuals of conscience across the U.S., Canada and around the world to stop this crime against humanity and save lives. (Samples are enclosed) Sincerely yours, <�.//sem_ strange, From Tez� on behalf of Falun Gong practitioners in the Hudson Valley Tel: 646 8313771 Email: ted.lestrange@gmail.com Address: 6 Geoffrey Ct., Otisville, N.Y., 10963 Packet Pg. 40 0 Truthfulness - Compassion - Forbearance 1-7 Rooted in traditional Chinese culture, Falun Dafa consists of tranquil exercises and is guided by the principles of Truthfulness, Compassion, and Forbearance, through which one is able to progress towards a healthy body and spiritual enlightenment. More than 100 million practitioners all over the world have benefited tremendously from this practice. Falun Dafa activities and classes are open to the public and are free of charge. Since its introduction to the public by Mr. Li Hongzhi on May 13, 1992, Falun Dafa has received worldwide recognition for its concerted efforts to promote harmony, tolerance, and compassion in society, Despite the brutal persecution against Falun Dafa launched in July, 1999 by the former Chinese dictator Jiang Zemin, the practice has flourished all over the world. Practitioners—inside and outside China— respond with peaceful and persistent efforts in rectifying false claims made by the all -pervasive: communist propaganda machine and informing the public of and putting an end to the persecution. In past years, Falun Dafa has received thousands of awards and proclamations, acknowledging its benefits—both spiritual and physical—for practitioners and for society. "Over the past two decades, millions of people around the world have benefited from the teaching of Falun Dafa. The principles of truthfulness, compassion, and forbearance that [are] central to the practice resonate strongly in our pluralistic society." The Rt Hon. Prime Minister Stephen Harper, Canada "Falun. Gong is, in my judgment, the greatest single spiritual movement in Asia today. There is nothing that begins to compare with it in courage and importance." Mark Palmer, former U.S. Ambassador to Hungary and Vice Chainnan of Freedom House cc find that what you are attempting to achieve is of the highest order of human civilization... Falun Gong practitioners had become a source of hope for all freedom -loving people." The Hon. MP Stephen Woodworth, Canada "The systematic torture and attempted eradication of the Falun Gong will be seen as one of the greatest shames of Chinese history. We must continue to speak out, publicly and unashamedly, about ending the black jails, ending the torture, and ending the persecution of Falun Gong." —Christopher Smith, U.S. Representative, NJ, Cochairman of the Congressional Executive Commission on China (CECQ For more information, please visit: www.falundafa.org or www.faluninfo.net 5.1.a Packet Pg. 41 5/111/21M a y - 11, 2017 2: 42PM OFFICERS NAME . CLARENCE O'DELL Mall - paramountrogmi@outtook.corn FLEETWOOD No, 0396 P. 2/ �,�-/off �� - t�� BOARD OF MANAGERS MAY 2017 TO MAY 2018 TILE TERM ENDING PRESIDENT 3 Y 2019 0 GLORIA O'DELL V.PRESIDENT 3 YR 2020 0 SHARON SEMI(E TRFASURH 3 YR 2018 0 00 m PAT GLYNN SECRETARY 3 YR 2019 BOARD MEMBERS NAME cm co DIANE MAFFIE 3 YR 2018 cm cm DAN McCARTHY- 3 YR 2019 cm MARIA OLRICH 3 YR 2018 E JIM RICCI 3 YR 2020 ERIC SEMKE 3 YR 2020 PEVEK 1,,jAy 112017 Tow R K Packet Pg. 42 d o`�Ce oo 5.1.a Page 1 of 5 Date: April 04, 2017 Case No.: 17-02-1154A LOMA SVAR o� Federal Emergency Management Agency �F4 Washington, D.C. 20472 Anrn c6 LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION TOWN OF WAPPINGER, DUTCHESS A parcel of land, as described in the Bargain and Sale Deed recorded in COUNTY, NEW YORK Document Number 02-2003-8142, pages 1-5, and also shown on Filed COMMUNITY Map 5795, both recorded and filed in the Office of the County Clerk, Dutchess County, New York. COMMUNITY NO: 361387 AFFECTED NUMBER: 36027CO459E MAP PANEL DATE: 5/2/2012 FLOODING SOURCE: BRANCH 2 WAPPINGER PPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 41.590870,-73.876990 CREEK REACH 1 OURCE OF LAT & LONG: GOOGLE EARTH DATUM: NAD 83 CL DETERMINATION O OUTCOME I% ANNUAL LOWEST LOWES' LOT BLOCK/ SUBDIVISION STREET WHAT IS FLOOD CHANCE FLOOD ADJACENT GRADE . LOT 00 ELEVATI( e SECTION REMOVED FROM THE SFHA ZONE ELEVATION ELEVATION (NAVD 8, (NAVD 88) (NAVD 88) -- -- -- 54 Lake Oniad Drive Structure X -- 225.5 feetLLJ e -- (First) (unshaded) IX Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1 -percent chance ' being equaled or exceeded in any given year (base flood). s ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) eLOMA DETERMINATION This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Amendment for the prope U described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the structure(s) the property(ies) is/are not located in the SFHA, an area inundated by the flood having a 1 -percent chance of being equaled or exceeded in any given yt cc (base flood). This document amends the effective NFIP map to remove the subject property from the SFHA located on the effective NFIP map; therefore, t Federal mandatory flood insurance requirement does not apply. However, the lender has the option to continue the flood insurance requirement to protect financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply enclosed. This determination is based on the flood data presently available. If there are any errors on this eLOMA Determination Letter that cause FEMA to rescind and/or nullify the determination the property owner should consult the Licensed Professional that submitted this eLOMA. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Information eXchange (FMIX) toll free at (877) 336-2627 (877 -FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Attn: NorthOMA Coordinator, 3601 Eisenhower Ave, Ste 500, Alexandria, VA 22304-6426, Fax: 703-751-7415. 1"CEMEU MAY 16 2017 _'WN OF VNADL-TIV R Luis V. Rodriguez, P.E., Director TOWN �� eL01 Engineering and Modeling Division Federal Insurance and Mitigation Administration Packet Pg. 43 5.1.a I Page 2 of 5 Date: 4/4/2017 Case No: 17-02-1154A LOMA OtivAAR x � � Federal Emergency Management Agency Washington, D.C. 20472 o3�1gND SE�JE, LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) Structure Removal: The following considerations may or may not apply to the determination for your Structure: PORTIONS OF THE PROPERTY REMAIN IN THE FLOODWAY - A portion of this property is located with the National Flood Insurance Program (NFIP) regulatory floodway for the flooding source indicated on tF Determination Document while the subject of this determination is not. The NFIP regulatory floodway is tF area that must remain unobstructed in order to prevent unacceptable increases in base flood elevation Therefore, no construction may take place in a NFIP regulatory floodway that may cause an increase in tt c base flood elevation. The NFIP regulatory floodway is provided to the community as a tool to regula- floodplain development. Modifications to the NFIP regulatory floodway must be accepted by both the Feder Emergency Management Agency (FEMA) and the community involved. Appropriate community actions ai defined in Paragraph 60.3(d) of the NFIP regulations. Any proposed revision to the NFIP regulatory floodwc c must be submitted to FEMA by community officials. The community should contact either the Regional Directs (for those communities in Regions I-IV), or the Regional Engineer (Region V) for guidance on the data whic must be submitted for a revision to the NFIP regulatory floodway. PORTIONS OF THE PROPERTY REMAIN IN THE SFHA -This Determination Document has removed tt subject of the determination from the Special Flood Hazard Area (SFHA). However, portions of the proper may remain in the SFHA. Therefore, any future construction or substantial improvement on the propel co remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. UJ STUDY UNDERWAY - This determination is based on the flood data presently available. However, tt ,4 Federal Emergency Management Agency may be currently revising the National Flood Insurance Prograi (NFIP) map for the community. New flood data could be generated that may affect this property. When the ne NFIP map is issued it will supersede this determination. The Federal requirement for the purchase of floc insurance will then be based on the newly revised NFIP map. EXTRATERRITORIAL JURISDICTION - The subject of the determination is shown on the National Flog Insurance Program map and may be located in an Extraterritorial Jurisdiction area for the community indicat( on tree Determination Document. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact FEMA Map Information eXchange (FMIX) toll free at (877) 336-2627 (877 -FEMA MAP) or by letter addressed to the Federal Emerge Management Agency, Attn: North Wind Resource Partners (NWRP) eLOMA Coordinator, NWRP eLOMA Coordinator, 3601 Eisenhower A Alexandria, VA 22304-6439, Fax: 703-751-7415 Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Packet Pg. 44 Federal Insurance and Mitigation Administration 5.1.a Page 3 of V?j Date: 4/4/2017 Case No: 17-02-1154A LOMA O�4AR 5 Federal Emergency Management Agency Washington, D.C. 20472 9ND SES' LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) GREAT LAKES - The Federal Emergency Management Agency (FEMA) has based this determination elevation data which is published in the current Flood Insurance Study for the community. However, tl elevations established in the U.S. Army Corps of Engineers (USACE) reports on the Great Lakes are the be available data known to us. If in the future there are any subsequent map revisions to the National Floc Insurance Program map and the USACE reports remain the best available data known, FEMA will use tho elevations for any such revisions. Further, be advised that the elevations on the Flood Insurance Rate Mz (FIRM) may only reflect the Stillwater elevation for the lake and may not account for the effects of wind drivf 00 waves or wave run-up. On-site conditions such as wind speed, wind direction, fetch distance, water depth ac the slope of the beach or bluff may result in significant increases to the base flood elevation. Therefore, it strongly recommended that the requestor be aware of these circumstances and, if warranted, evaluate tl effects of wind driven waves along the shoreline of the property. STATE AND LOCAL CONSIDERATIONS - Please note that this document does not override or superset any State or local procedural or substantive provisions which may apply to floodplain manageme requirements associated with amendments to State or local floodplain zoning ordinances, maps, or State 00 local procedures adopted under the National Flood Insurance Program. COASTAL BARRIER RESOURCE SYSTEM - The subject of this Determination Document may be locate within the Coastal Barrier Resource System (CBRS). Federal financial assistance, including Federal floc insurance, is not available in CBRS areas for new construction or substantial improvements occurring after tl date on which the area was declared by Congress to be part of the CBRS or otherwise protected area i required by the Coastal Barrier Resources Act (Public Law 97-348) and the Coastal Barrier Improvement A 1990 (Public Law 101-591). This date is indicated on the National Flood Insurance Program map. For furth information on this property and the CBRS or otherwise protected area designation, contact the U. Department of the Interior. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact FEMA Map Information eXchange (FMIX) toll free at (877) 336-2627 (877 -FEMA MAP) or by letter addressed to the Federal Emerge Management Agency, Attn: North Wind Resource Partners (NWRP) eLOMA Coordinator, NWRP eLOMA Coordinator, 3601 Eisenhower A, Alexandria, VA 22304-6439, Fax: 703-751-7415 Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Packet Pg. 45 Federal Insurance and Mitigation Administration 5.1.a (9o/T/os /Qa - To whom. it May Concern. I Tyler Pettit have to formally resign from my position as Deputy Fire Inspector with the Town of Wappinger. It has been a pleasure to work over the last year however recent changes have forced me to not have the time available for the position. I am once again truly glad i was given this opportunity. Sincerely, -. aV� i"Y ED z Tyler Pettit N? FIRE IN PE':TO . TolvNN of WAPPINGER 0 CL0 00 LLJ e RECEVED cm IMAM 17 Z017 as SUPERVISOR OFFICS Packet Pg. 46 F-5. 1.a C�v --I-/o5/aa -ooh May 15, 2017 Dear Supervisor Jiava and Town Board Councilmen, I am writing to express both my gratitude and my concern with the townwide bulk pick-up program: As an informed resident, 1 would like to wholeheartedly thank. the Board for approving funds to reinstate the bulb :pick up program for the Town of'Wappinger. I am aware that it was made aline item this year; and am awaiting details on when the pick up will be for my particular neighborhood in Ward 4, Years ago, during the time of GrahamFoster's tenure as Highway Superintendent, our area was 'always serviced over Memorial Day weekend. With that being said, it is now May, and] have yet to hear anything of this pick up actually occurring. I know this topic has been discussed for months, and that the money is there from the Board, so I am curious about why the program has not yet been rolled out. It seems clear from watching the town board meetings that the Board wants this program reinstated. Is there some issue with the new Highway Superintendent not wanting to provide this service to the residents? I cannot imagine "what else might be causing the delay. if it has something to do with the new state e -waste regulations and fear of people leaving out items that cannot be collected, whir not warn residents of what can and cannot be left, and then fine those who don't comply? Whatever the reason, .it is unfair and unacceptable to make the residents suffer: Manyof us do not own trailers or trucks large enough to cart away bulk items dry our own. It is a strenuous, cumbersome task, even for those in their youth and in the best of health. Once a year, with the funds earmarked for this very benefitto the residents of this great town, this SHOULD be carried out. .Again, I .thank you to the Town Board for bringing back this useful and necessary program. 1 am hopeful the Highway Superintendent is equally in lfavor, and will bring this soon to fruition. Respectfully, Elizabeth Satterlee, 'Wappingers P,ECEIVED MAL R"; E C r;,=--= g v rl SUFEP,VISJP. OFFICE ^, AY 17 2017 TOWN OF WAPPINGER.. AWN CLERK Packet Pg. 47 Engineering and Land Surveying P.C. May 12, 2017 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Reference: CoSM Project/Wheeler Hill Road Connection to the Municipal Water System Dear Board Members: Oq n/ —�— /�/ 5.1.a 56 Main Street. Poughkeepsie, NY 12601-2948 Ph (845) 471-7898 • Fax (845) 471-0905 E-mail: info@kcepc.com An ISO 9001-2015 certified firm VIA E-MAIL/MAIL: Some time ago, we discussed the possibility of extending a water main from Wheelerhill Road into the above referenced property up to the Entheon Exhibition Hall which is currently under construction. The owners of the Entheon project are looking to complete this construction and open by the end of this year. Part of this project includes the installation of a water sprinkler system. The sprinkler system can either be served by an onsite storage tank or preferably by the water main located within Wheelerhill Road. CoSM would like to install this connection for firefighting purposes only. It is not the intent to use this water main for potable consumption. May we sit down and discuss this connection and the steps needed to complete so that Entheon may open by the end of this year? If you have any questions, please do not hesitate to contact me at 228-3884 or via email at emartin@kcepc.com. Looking forward to hearing from you. Very Ernst Martin, Jr., P.E., L.S. Senior Vice President EM:law . cc: Brian James Barbara Roberti Robert Gray, P.E. Mark J. Liebermann, Fire Inspector Christian T. Moore, P.E. MAY 17 2017 TOWN OF WAPPING TOWN CLERK To learn more about KC, the services we offer, and our vast project experience, please visit our website at: htM://www.kcepc.com. Packet Pg. 48 APRIL 2017 �o/ o5 MONTHLY REALTY TAX REPORT i MAY 18 2017 V-,k 1.a / 0 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 49 AB C D E F G 1 2 RECEIVER OF TAXES 3 4 BEGINNING BALANCE $ 7,585,125.08 5 Receipts $ 194,386.27 6 Interest $ 255.55 7 Misc. $ 100.00 8 Misc. 9 10 Less Disbursements/Adjustments $ (7,585,410.08) 11 Disbursements $ (1,509.48) bill 4088 12 Returned Checks 13 Misc. 14 Misc. 15 16 ENDING BALANCE $ 192,947.34 17 Submitted by: 18 19 20 Lee Anne Freno, Receiver of Taxes i MAY 18 2017 V-,k 1.a / 0 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 49 o_ LU Y Lu W W O O O Z LL O O O OC Y O O Od' W Lu Ln Ln N LO Ln — w W Ln Ln LLJ Ln Ln F - N N Z tn. t/) - LU _ G � 0 a W U 0 w Z IWi 0 O o LL 2 Lr) Lri LU cW ui G LL i!} 4j) - /}O 0 Il N Ln N Q0 N O N i, 0) M l0 M I� 1�4: ci Ul lD 01 F— Ln N m r, d* Ln Ln Ct 0) d* LU J M Il m N c -i 01 N t0 N M Q m I, w c l l0 N I, Ln `' Ln z f'n Ch W tri- v)- 0) 00 I" ci c -I I- (14 Ln 00 I, M l0 0) CO O l0 1;1: rl: 00 00 rH d m Ln m a) 00 l0 C) 1.0 M ri 00 .-I O to Ln r- r, rn p l0 00 l0 N Il N n d N � m -il0 M d� l0 O ri a) X N d' m m r -I m 0) v 00 Q ri I— 14 tn- VII if ir� to to to t� to r -i �i ri rH r -i rH r - I r -I U = U F- m Z 0) 00 d' M lfl 0) 00 I� 00 al N 01 l0 O) I� O LQ N Z N m m dm l0 m 00 O� =m j 0 Ln M M O O M m Ln 00 LU C0 m ri M (n 0) G W rH Vi ci �I r -I H rl ci rl ri Y O O O O O O O O U N N N N N N N N m Ln lD 1-- 00 Ol O ri N M ci ci c -i ci Packet Pg. 50 Al Packet Pg. 51 Al p r -i N m I�t Ln �.D n w m Z T -i r -I ri -i ri ri rH -i ri U W v 00 O O r� Lr) m ri Ln iD N V O N 00 Cr) m N ri m Ln r -I r- z o rn � m LL \ l0o -; � v- N N m r� (D O a in- v)- V� +h H OJ U 4 4-1 � 41 O C W m i L Q. C i1 OC O N O O O iT Ln c -i O m O I�t O it r4 roN c�1 00 Ln Ln W 00 a N m N Ql O U rj O Ln LL U n O r- O 00 ri ri r� m N O l0 O r -i C 1 LQ r- N r -i O m O Ol ri lD l0 Ql 0 ai L O W 00 N ' N m r, O Co Z I� r•I c I 0 m Ln � C N z 0 C 0 C 0 0 0 0 o N N N N N N N N N O Q LJJ \ \\\\ \ \ \ \ 0 \ 0 \ 0 \ 0 \ 0 F— w r -I N m Ln O r CO Im O r -i N m d' r1 ri r1 H ,- Packet Pg. 51 Al rev 1/22/16 OFFICE USE ONLY Q Original Q Amended Date 5.1.b e��w roRK State Liquor Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a STArEflf oaaoazru arv, Authority a y Local Municipality or Community Board (Page 1 of 2' 1. Date Notice Was Sent: 'j q J 1 a. Delivered by: 2. Select the type of Application that will be filed with the Authority for an On -Premises Alcoholic Beverage License ❑ New Application � Renewal ❑ Alteration ❑ Corporate Change ❑ Removal ❑ Class Change For New applicants, answer each question below using all information known to date. For Renewal applicants, set forth your approved Method of Operation only. For Alteration applicants, attach a complete written description and diagrams depicting the proposed alteration(s). For Corporate Change applicants, attach a list of the current and proposed corporate principals. For Removal applicants, attach a statement of your current and proposed addresses with the reason(s) for the relocation. For Class Change applicants, attach a statement detailing your current license type and your proposed license type. This 30 -Day Advance Notice is Being Provided to the Clerk of the following Local Municipality or Community Board 3. Name of Municipality or Community Board:l 'T—Own OX ; n! Applicant/Licensee Information 4. License Serial Number, if Applicable: ��G�(,��(y� Expiration Date, if Applicable: Q 3y h22)1-1 5. Applicant or Licensee Name: O tnr, 0S4e__( i CA 6. Trade Name (if any): 1 V-03,5 LCC 7. Street Address of Establishment: 11 (4 0 10 P054 00G cJ 8. City, Town or Village: ( t ,NY Zip Code : 1.�2Sq b 9. Business Telephone Number of Applicant/Licensee: —6-7 (� 10. Business Fax Number of Applicant/Licensee: 11. Business E-mail of Applicant/Licensee: VrNAZO AADSTEM(jASM, (pm 12. Type(s) of Alcohol sold or to be sold: ❑ Beer & Cider ❑ Wine, Beer & Cider Liquor, Wine, Beer & Cider 13. Extent of Food Service: dFull food menu; ❑.Menu .meets.legal-minimum-food -availability requirements; Full Kitchen run by a chef or cook. Food prep area at minimum 14. Type of Establishment: IS. Method of Operation: ❑ Seasonal Establishment ❑ Juke Box ❑ Disc Jockey Recorded Music ❑ Karaoke (Check all that apply) ❑ Live Music (Give details: i.e. rock bands, acoustic, jazz, etc.): ❑ Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑ Topless Entertainment ❑ Video/Arcade Games ❑ Third Party Promoters ❑ Security Personnel ❑ Other (specify): 16. Licensed Outdoor Area: ❑ None Q Patio or Deck ❑ Rooftop ❑ Garden/GroundsFreestanding Covered Structure (Check all that apply) ❑ Sidewalk Cafe ❑ Other (specify): MAY 19 2017 t TOWN OF WAPPINGFR-- TOWN CLERK. Packet Pg. 52 rev 1/22/16 OFFICE USE ONLY 0 Original 0 Amended Date 5.1.b �+EE YORK � ��r3�E.' LigUOr Standardized NOTICE FORM for Providing 30 -Day Advanced Notice tc QFP6RTt3NfiTY,Local Municipality or Community Boa Authority Pa e 2 of 17. List the floor(s) of the building that the establishment is located on: 18. List the room number(s) the establishment is located in within the building, if appropriate: 19. Is the premises located within 500 feet of three or more on -premises liquor establishments?' 0Yes &No 20. Will the license holder or a manager be physically present within the establishment during all hours of operation? &Yes 0 N 21. If this is a transfer ication (an existing licensed business is being purchased) provide the name and serial number of the license 22. Does the applicant or licensee own the building in which the establishment is located? 0 Yes (If Yes SKIP 23-26) �No Owner of the Building in Which the Licensed Establishment is Located 23. Building Owner's Full Name: E:7G(uatdo Lauri G 24. Building Owner's Street Address: qD 25. City, Town or Village: Cd,� flSu Stater, Zip Code : 1 Q5 r� 26. Business Telephone Number of Building Owner:,_ . 8c4.S'. 9 (oq - 0033 Representative or Attorney representing the Applicant in Connection with the application for a license to traffic in alcohol at the establishment identified in this notice 27. Representative/Attorney's. Full Name: 28. Street Address: 29. City, Town or Village: F State: Zip Code:E 30. Business Telephone Number of Representative/Attorney: 31. Business Email Address: I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, I affirm - under Penalty of Perjury - that the representations made in this form are true. 32. Printed Name: S Title Signature: X 4_,_ a _ w/7 MAY 19 2017 TOWN OF WAPPINGER Packet Pg. 53 TOWN GLEE t 8.1.a NEW YORK STATE DEPARTMENT OF STATE Revised Draft: 4-26-17 41 STATE STREET ALBANY, NY 12231 Local Law Filin (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 3 of the year 2017 A local law entitled "A Local Law for the Purpose of Amendinq Chapter 240, Zoning, of the Town Code by Adding New Principal and Accessory Uses and New Supplementary Special Permit Use Regulations Regarding the Restoration and Sale of Antique Passenger Motor Vehicles." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) Packet Pg. 54 LOCAL LAW No. 3 OF THE YEAR 2017 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law No. 3 of 2017, for the purpose of amending Chapter 240, Zoning, of the Town Code by Adding New Principal and Accessory Uses and New Supplementary Special Permit Use Regulations Regarding the Restoration and Sale of Antique Passenger Motor Vehicles." Section 2: Legislative Intent This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. The Town Board believes that it is reasonable and appropriate to update and amend Chapter 240, Zoning, of the Town Code with respect to the restoration and sale of antique passenger motor vehicles. The Town Board acknowledges that restoration of antique passenger motor vehicles is a unique, highly specialized business, requiring highly technical skills, craftsmanship and artisanship. It is not deemed to be an automotive repair shop as commonly understood nor is it deemed to be an automotive car dealership (used or new) requiring weekly or daily sales as its primary business. It is deemed a unique craft requiring unique regulations and controls. Section 3: Amendments to the Text of Chapter 240, Zoning 1. In the Schedule of Use Regulations — Nonresidential Districts referenced in Section 240-37: Shall be revised by the addition of new uses under the Use Heading "Automotive": Use Districts Automotive HB HM NB GB CC SC HD COP Al PUD Restoration of Antique Passenger SPU SPU SPU Motor Vehicles (§ 240-70.1) Sales of Antique Passenger Motor SPU SPU SPU Vehicles as accessory use in connection with the restoration of antique passenger motor vehicles (§ 240-70.1) 2 8.1.a Packet Pg. 55 2. In Article VIII "Supplementary Special Permit Use Regulations", a new section of Supplementary Special Permit Use Regulations entitled "Restoration of Antique Passenger Motor Vehicles" is hereby adopted and to be included in the Code as Section 240-70.1 as follows: "§ 240-70.1 Restoration of Antique Passenger Motor Vehicles. A. The use may only be permitted on a lot containing four or more acres. B. The lot in which the subject use is located shall not be permitted within 200 feet of lots containing places of worship or schools. C. No portion of the building in which a restoration or rehabilitation occurs shall be used as a residence or sleeping quarters. D. There shall be a minimum of five visitor parking spaces plus one space for each employee. E. Antique vehicles awaiting restoration shall be located within a building or within an outdoor storage area except that, the planning board may permit the parking of up to fourteen antique passenger motor vehicles in an approved parking lot so long as such vehicles are duly registered, in good repair and the automotive body physically appears to be in operating condition. Such vehicles shall not have missing body parts and shall not be covered with tarps or other coverings. F. Any outdoor storage area associated with the use shall be: 1. located within the side or rear yard, 2. comply with the setback requirements for the zoning district, 3. securely fenced, and 4. screened in accordance with the provisions of §240-25(D). G. No more than eighteen (18) antique passenger motor vehicles may be stored in all the outdoor storage areas on the lot. H. A maximum of four pads for display of fully restored antique vehicles are permitted on the lot. 3 8.1.a Packet Pg. 56 All restoration, rehabilitation, painting and related work, including car washing, of such antique passenger motor vehicles, shall be conducted within a building. J. There shall be no outdoor repairs, painting or storage of materials, parts, equipment of any kind or nature whatsoever, except as provided above. K. The sale of a Passenger Motor Vehicles may be permitted as an accessory use in connection with the restoration of antique passenger motor vehicles provided that no more than seven (7) antique passenger motor vehicles are sold in a single year." 3. The following new definition shall be added to Section 240-5: ANTIQUE PASSENGER MOTOR VEHICLE — A passenger motor vehicle which is a minimum of 40 years of age, and having a curb weight of not more than 6,000 pounds. RESTORATION OF ANTIQUE PASSENGER MOTOR VEHICLES shall include the repair, reconstruction, painting, refurbishing and/or rehabilitation of an antique passenger motor vehicle to restore the vehicle as close as practicable to its original condition. Section 4: Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5: Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. 2 8.1.a Packet Pg. 57 Section 6: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 7: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. 5 8.1.a Packet Pg. 58 Full Environmental Assessment Form Part 1 - Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either "Yes" or "No". If the answer to the initial question is "Yes", complete the sub -questions that follow. If the answer to the initial question is "No", proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part lis accurate and complete. A. Project and Sponsor Information. Name of Action or Project: Town of Wappinger Zoning Code Amendments regarding Antique Passenger Motor Vehicle Restoration Project Location (describe, and attach a general location map): Town of Wappinger outside of Village Brief Description of Proposed Action (include purpose or need): The Town Board believes that it is reasonable and appropriate to update and amend Chapter 240, Zoning, of the Town Code with respect to the restoration and sale of antique passenger motor vehicles. The Town Board acknowledges that restoration of antique passenger motor vehicles is a unique, highly specialized business, requiring highly technical skills, craftsmanship and artisanship. It is not deemed to be an automotive repair shop as commonly understood nor is it deemed to be an automotive car dealership (used or new) requiring weekly or daily sales as its primary business. It is deemed a unique craft requiring unique regulations and controls. The proposed zoning amendments create use classifications for antique passenger motor vehicle restoration and associated definitions for the use. Name of Applicant/Sponsor: Town of Wappinger Telephone: (845) 297-2744 E -Mail: Ijiava@townofwappinger.us Address: 20 Middlebush Road City/PO: Wappingers Falls State: NY Zip Code: 12590 Project Contact (if not same as sponsor; give name and title/role): Supervisor Lori Jiava Telephone: Same E -Mail: Ijiava@townofwappinger.us Address: City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: E -Mail: Address: City/PO: State: Zip Code: Page 1 of 13 Packet Pg. 59 8.1.b B. Government Approvals B. Government Approvals, Funding, or Sponsorship. ("Funding" includes grants, loans, tax relief, and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a. City Council, Town Board, ®Yes❑No Town of Wappinger Town Board 5/22/2017 or Village Board of Trustees a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site ❑YesmNo b. City, Town or Village ®Yes❑No Town of Wappinger Planning Board 5/22/2017 Planning Board or Commission would be located? c. City Council, Town or ❑Yes®No ®Yes❑No Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; Village Zoning Board of Appeals or other?) d. Other local agencies ❑Yes®No Hudson Valley Greenway; Hudson River Valley National Heritage Area e. County agencies ®Yes❑No Dutchess County Department of Planning (239-m 5/24/2017 referral f. Regional agencies ❑Yes®No c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, mYes❑No g. State agencies ❑Yes®No If Yes, identify the plan(s): h. Federal agencies ❑Yes®No Portions of the Town of Wappinger are within the Dutchess County Farmland Protection Plan but the proposed local law does not deal with agricultural properties. i. Coastal Resources. i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? ❑YesmNo ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ❑ YesmNo iii. Is the project site within a Coastal Erosion Hazard Area? ❑ YesmNo C. Planning and Zoning C.1. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the ®Yes❑No only approval(s) which must be granted to enable the proposed action to proceed? • If Yes, complete sections C, F and G. • If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site ❑YesmNo where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action ❑Yes❑No would be located? b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway ®Yes❑No Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s): Hudson Valley Greenway; Hudson River Valley National Heritage Area c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, mYes❑No or an adopted municipal farmland protection plan? If Yes, identify the plan(s): Portions of the Town of Wappinger are within the Dutchess County Farmland Protection Plan but the proposed local law does not deal with agricultural properties. Page 2 of 13 Packet Pg. 60 C.3. Zoning 8.1.b a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. m Yes❑No If Yes, what is the zoning classification(s) including any applicable overlay district? Highway Business (HB), Conservation Commercial (CC) and Airport Industry (AI) 0 b. Is the use permitted or allowed by a special or conditional use permit? m Yes❑No c. Is a zoning change requested as part of the proposed action? m Yes❑No If Yes, i. What is the proposed new zoning for the site? Zoning Text Amendment to Add New Uses not Contemplated Under Prior Zoning. CA. Existing community services. a� a. In what school district is the project site located? Wappinger Central School District b. What police or other public protection forces serve the project site? New York State Police and Dutchess County Sheriff 0 �+ s� c. Which fire protection and emergency medical services serve the project site? N/A d. What parks serve the project site? N/A n D. Project Details D.1. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? b. a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres c. Is the proposed action an expansion of an existing project or use? ❑ Yes[-] No i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % Units: d. Is the proposed action a subdivision, or does it include a subdivision? ❑Yes ❑No If Yes, i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types) ii. Is a cluster/conservation layout proposed? ❑Yes []No iii. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e. Will proposed action be constructed in multiple phases? ❑ Yes❑No i. If No, anticipated period of construction: months ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month _year • Generally describe connections or relationships among phases, including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 Packet Pg. 61 f. Does the project include new residential uses? []Yes[-] If Yes, show numbers of units proposed. One Family Two Family Three Family Multiple Family four or more Initial Phase C At completion of all phases 0 g. Does the proposed action include new non-residential construction (including expansions)? ❑Yes❑No ams If Yes, i. Total number of structures ii. Dimensions (in feet) of largest proposed structure: height; width; and length iii. Approximate extent of building space to be heated or cooled: square feet h. Does the proposed action include construction or other activities that will result in the impoundment of any [-]Yes[]No a� liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? If Yes, i. Purpose of the impoundment: ii. If a water impoundment, theprincipal source of the water: p El water ❑Surface water streams ❑Other specify: ch ah a� iii. If other than water, identify the type of impounded/contained liquids and their source. iv. Approximate size of the proposed impoundment. Volume: million gallons; surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): D.2. Project Operations a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? ❑Yes❑No (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) CM If Yes: i. What is the purpose of the excavation or dredging? ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? • Volume (specify tons or cubic yards): � • Over what duration of time? iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them. C iv. Will there be onsite dewatering or processing of excavated materials? ❑Yes❑No 0 If yes, describe. v. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet CM Us viii. Will the excavation require blasting? ❑Yes❑No ix. Summarize site reclamation goals and plan: CL b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment ❑Yes❑No o into any existing wetland, waterbody, shoreline, beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic IL description): U. U. Page 4 of 13 Packet Pg. 62 ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, o alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres: C iii. Will proposed action cause or result in disturbance to bottom sediments? ❑ Yes❑No 0 If Yes, describe: iv. Will proposed action cause or result in the destruction or removal of aquatic vegetation? ❑Yes❑No If Yes: � • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: M • purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): s� • proposed method of plant removal: • if chemical/herbicide treatment will be used, specify product(s):, v. Describe any proposed reclamation/mitigation following disturbance: 0 a� s� c. Will the proposed action use, or create a new demand for water? ❑Yes ❑No If Yes: cc i. Total anticipated water usage/demand per day: gallons/day ad ii. Will the proposed action obtain water from an existing public water supply? [-]Yes ❑No If Yes: � • Name of district or service area:IL • Does the existing public water supply have capacity to serve the proposal? ❑ Yes[] No a • Is the project site in the existing district? ❑ Yes❑ No • Is expansion of the district needed? ❑ Yes[] No • Do existing lines serve the project site? ElYes[]No iii. Will line extension within an existing district be necessary to supply the project? [-]Yes ❑No CM If Yes: ° • Describe extensions or capacity expansions proposed to serve this project: z • Source(s) of supply for the district: iv. Is a new water supply district or service area proposed to be formed to serve the project site? ❑ Yes❑No If, Yes: •� • Applicant/sponsor for new district: • Date application submitted or anticipated: 0- • Proposed source(s) of supply for new district: v. If a public water supply will not be used, describe plans to provide water supply for the project: w e vi. If water supply will be from wells (public or private), maximum pumping capacity: gallons/minute. CM d. Will the proposed action generate liquid wastes? El Yes ❑No ° If Yes: i. Total anticipated liquid waste generation per day: gallons/day ii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each): as CL 0 iii. Will the proposed action use any existing public wastewater treatment facilities? ❑Yes❑No If Yes: • Name of wastewater treatment plant to be used: IL • Name of district: U. • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No LLJ • Is the project site in the existing district? ❑Yes❑No U. • Is expansion of the district needed? ❑ Yes ❑No C 0 E Page 5 of 13 Packet Pg. 63 • Do existing sewer lines serve the project site? []Yes$•1.b • Will line extension within an existing district be necessary to serve the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater (sewage) treatment district be formed to serve the project site? ❑Yes❑No If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? V. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed receiving water (name and classification if surface discharge, or describe subsurface disposal plans): a� s� vi. Describe any plans or designs to capture, recycle or reuse liquid waste: 0 s� s� e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point [-]Yes[-]No sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non -point �_ source (i.e. sheet flow) during construction or post construction? @ If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres (impervious surface) IL Square feet or acres (parcel size) ii. Describe types of new point sources. iii. Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties, groundwater, on-site surface water or off-site surface waters)? C14 e • If to surface waters, identify receiving water bodies or wetlands: 0 3 • Will stormwater runoff flow to adjacent properties? ❑Yes❑No iv. Does proposed plan minimize impervious surfaces, use pervious materials or collect and re -use stormwater? ❑ Yes[] No f. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel [-]Yes[-]No combustion, waste incineration, or other processes or operations? E If Yes, identify: i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) w e ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) caa iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation) coe g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, [-]Yes [-]NO a��s or Federal Clean Air Act Title IV or Title V Permit? If Yes: CLE i. Is the project site located in an Air quality non -attainment area? (Area routinely or periodically fails to meet ❑Yes [--]No 0 ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application, the project will generate: • Tons/year (short tons) of Carbon Dioxide (CO2) L • Tons/year (short tons) of Nitrous Oxide (N20) U. • Tons/year (short tons) of Perfluorocarbon (PFCs) • Tons/year (short tons) of Sulfur Hexafluoride (SF6) U. • Tons/year (short ton) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs) • Tons/year (short ton) of Hazardous Air Pollutants (HAPS) as E Page 6 of 13 Packet Pg. 64 h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, ❑Yes❑ landfills, composting facilities)? If Yes: i. Estimate methane generation in tons/year (metric): ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): 0 i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as ❑Yes❑No ams quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes❑No new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected (Check all that apply): ❑ Morning ❑ Evening ❑Weekend ❑ Randomly between hours of to a� ii. For commercial activities only, projected number of semi -trailer truck trips/day: iii. Parking spaces: Existing Proposed Net increase/decrease iv. Does the proposed action include any shared use parking? ❑Yes❑No v. If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe: vi. Are public/private transportation service(s) or facilities available within '/z mile of the proposed site? ❑Yes❑No vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric ❑Yes❑No or other alternative fueled vehicles? viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No pedestrian or bicycle routes? e k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand ❑Yes❑No for energy? If Yes: i. Estimate annual electricity demand during operation of the proposed action: ii. Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or =5 other): 0 43 iii. Will the proposed action require a new, or an upgrade to, an existing substation? ❑Yes❑No 1. Hours of operation. Answer all items which apply. e i. During Construction: ii. During Operations: • Monday - Friday: 0 Monday - Friday: Us • Saturday: • Saturday: • Sunday: • Sunday: • Holidays: • Holidays: Page 7 of 13 Packet Pg. 65 m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, El Yes 8.9.b operation, or both? If yes: i. Provide details including sources, time of day and duration: C ii. Will proposed action remove existing natural barriers that could act as a noise barrier or screen? ❑ Yes ❑No Describe: n.. Will the proposed action have outdoor lighting? ❑ Yes []No If yes: i. Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures: as s� ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑ Yes ❑No Describe:, 0 s� s� o. Does the proposed action have the potential to produce odors for more than one hour per day? ❑ Yes ❑No If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest cccc occupied structures: U C p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons) ❑ Yes ❑No IL or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s) to be stored ii. Volume(s) per unit time (e.g., month, year) iii. Generally describe proposed storage facilities: CM e q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, ❑ Yes []No insecticides) during construction or operation? z If Yes: i. Describe proposed treatment(s): 0 ii. Will the proposed action use Integrated Pest Management Practices? ❑ Yes ❑No r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal ❑ Yes ❑No of solid waste (excluding hazardous materials)? If Yes: i. Describe any solid waste(s) to be generated during construction or operation of the facility: CM • Construction: tons per (unit of time) Co • Operation : tons per (unit of time) ii. Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste: • Construction: CL • Operation: 0 iii. Proposed disposal methods/facilities for solid waste generated on-site: • Construction: • Operation: U. U.w Page 8 of 13 Packet Pg. 66 11, s. Does the proposed action include construction or modification of a solid waste management facility? ❑ Yes 8.1.b a. Existing land uses. i. Check all uses that occur on, adjoining and near the project site. ❑ Urban ❑ Industrial ❑ Commercial ❑ Residential (suburban) ❑ Rural (non-farm) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): ii. If mix of uses, generally describe: If Yes: i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or Land use or Covertype other disposal activities): Acreage After Project Completion ii. Anticipated rate of disposal/processing: • Roads, buildings, and other paved or impervious surfaces • Tons/month, if transfer or other non-combustion/thermal treatment, or • Tons/hour, if combustion or thermal treatment 0 iii. If landfill, anticipated site life: years t. Will proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous ❑Yes❑No • Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) waste? If Yes: • Agricultural (includes active orchards, field, greenhouse etc.) i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: • Surface water features (lakes, ponds, streams, rivers, etc.) s� ii. Generally describe processes or activities involving hazardous wastes or constituents: • Wetlands (freshwater or tidal) 0 s� iii. Specify amount to be handled or generated tons/month iv. Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: • Other Describe: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? ❑Yes❑No If Yes: provide name and location of facility: If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: IL E. Site and Setting of Proposed Action E.1. Land uses on and surrounding the project site a. Existing land uses. i. Check all uses that occur on, adjoining and near the project site. ❑ Urban ❑ Industrial ❑ Commercial ❑ Residential (suburban) ❑ Rural (non-farm) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): ii. If mix of uses, generally describe: b. Land uses and covertypes on the project site. Land use or Covertype Current Acreage Acreage After Project Completion Change (Acres +/-) • Roads, buildings, and other paved or impervious surfaces • Forested • Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) • Agricultural (includes active orchards, field, greenhouse etc.) • Surface water features (lakes, ponds, streams, rivers, etc.) • Wetlands (freshwater or tidal) • Non -vegetated (bare rock, earth or fill) • Other Describe: Page 9 of 13 Packet Pg. 67 c. Is the project site presently used by members of the community for public recreation? El Yes 8.1.b i. If Yes: explain: d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed ❑Yes❑No day care centers, or group homes) within 1500 feet of the project site? If Yes, i. Identify Facilities: 0 s� e. Does the project site contain an existing dam? ❑Yes❑No If Yes: i. Dimensions of the dam and impoundment: • Dam height: feet � • Dam length: feet a� • Surface area: acres as • Volume impounded: gallons OR acre-feet, ii. Dam's existing hazard classification: iii. Provide date and summarize results of last inspection: f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, ❑Yes❑No or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility? 22 - If Yes: i. Has the facility been formally closed? ❑Yes❑ No IL • If yes, cite sources/documentation: � ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: iii. Describe any development constraints due to the prior solid waste activities: e g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin ❑Yes❑No 6 property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? 3 If Yes: i. Describe waste(s) handled and waste management activities, including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any ❑ Yes❑ No 0 remedial actions been conducted at or adjacent to the proposed site? If Yes: �s i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No e Remediation database? Check all that apply: El Yes — Spills Incidents database Provide DEC ID number(s): `� ❑ Yes — Environmental Site Remediation database Provide DEC ID number(s): ❑ Neither database ii. If site has been subject of RCRA corrective activities, describe control measures: CL iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑ Yes❑No 0 If yes, provide DEC ID number(s): V_ iv. If yes to (i), (ii) or (iii) above, describe current status of site(s): U. U. Page 10 of 13 Packet Pg. 68 v. Is the project site subject to an institutional control limiting property uses? ❑Yes 8.1.b • If yes, DEC site ID number: • Describe the type of institutional control (e.g., deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ❑Yes❑No • Explain: 0 as E.2. Natural Resources On or Near Project Site a. What is the average depth to bedrock on the project site? feet b. Are there bedrock outcroppings on the project site? ❑Yes❑No If Yes, what proportion of the site is comprised of bedrock outcroppings? % c. Predominant soil type(s) present on project site: % % % d. What is the average depth to the water table on the project site? Average: feet e. Drainage status of project site soils:❑ Well Drained: % of site CL ❑ Moderately Well Drained: % of site Z ❑ Poorly Drained % of site E L_ IL f. Approximate proportion of proposed action site with slopes: ❑ 0-10%: % of site ❑ 10-15%: % of site ❑ 15% or greater: % of site g. Are there any unique geologic features on the project site? ❑Yes❑No If Yes, describe: e14 e 0 h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, ❑Yes❑No ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? ❑Yes❑No If Yes to either i or ii, continue. If No, skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ❑Yes ❑No state or local agency? iv. For each identified regulated wetland and waterbody on the project site, provide the following information: • Streams: Name Classification w Lakes or Ponds: Name Classification e • Wetlands: Name Approximate Size C14 • Wetland No. (if regulated by DEC) co v. Are any of the above water bodies listed in the most recent compilation of NYS water quality -impaired ❑Yes ❑No waterbodies? If yes, name of impaired water body/bodies and basis for listing as impaired:CL a��s as i. Is the project site in a designated Floodway? ❑Yes ❑No E U j. Is the project site in the 100 year Floodplain? ❑Yes ❑No k. Is the project site in the 500 year Floodplain? ❑Yes ❑No 1. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? ❑Yes ❑No U. < If Yes: Ui U. i. Name of aquifer: Page 11 of 13 Packet Pg. 69 in. Identify the predominant wildlife species that occupy or use the project site: j 8.1.b n. Does the project site contain a designated significant natural community? ❑Yes ❑No 0 If Yes: i. Describe the habitat/community (composition, function, and basis for designation): 0 a� ii. Source(s) of description or evaluation: iii. Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss (indicate + or -): acres a� o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑ Yes❑No endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? 0 s� s� p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of ❑Yes❑No special concern? IL q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? ❑Yes❑No If yes, give a brief description of how the proposed action may affect that use: e E.3. Designated Public Resources On or Near Project Site Z a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to ❑Yes❑No Agriculture and Markets Law, Article 25 -AA, Section 303 and 304? If Yes, provide county plus district name/number: r_ b. Are agricultural lands consisting of highly productive soils present? ❑Yes❑No i. If Yes: acreage(s) on project site? ii. Source(s) of soil rating(s): c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National ❑Yes❑No w Natural Landmark? If Yes: i. Nature of the natural landmark: ❑ Biological Community ❑ Geological Feature e co ii. Provide brief description of landmark, including values behind designation and approximate size/extent: d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes❑No CL If Yes: E i. CEA name: ii. Basis for designation: iii. Designating agency and date: Page 12 of 13 Packet Pg. 70 e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district El Yes8.1.b which is listed on, or has been nominated by the NYS Board of Historic Preservation for inclusion on, the State or National Register of Historic Places? If Yes: i. Nature of historic/archaeological resource: El Archaeological Site ❑Historic Building or District C ii. Name: iii. Brief description of attributes on which listing is based: 0 s� f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for ❑Yes ❑No archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? g. Have additional archaeological or historic site(s) or resources been identified on the project site? ❑Yes ❑No If Yes: i. Describe possible resource(s): ii. Basis for identification: h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local ❑Yes ❑No scenic or aesthetic resource? If Yes: i. Identify resource: ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.): iii. Distance between project and resource: miles. U i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers ❑ Yes❑No Program 6 NYCRR 666? IL If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes ❑No F. Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Town of Wappinger Date May 18, 2017 Signature Title Attorney to the Town PRINT FORM Page 13 of 13 Packet Pg. 71 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a Public Hearing on the 12th day of June 2017, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should adopt Local Law No. of 2017 which would amend Chapter 240, Zoning, of the Town Code by adding new principal and accessory uses and new supplementary special permit use regulations regarding the restoration and accessory sale of antique passenger motor vehicles. PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed Local Law. PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: May 22, 2017 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI Town Clerk Town of Wappinger 8.1.c Packet Pg. 72 SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. THIS AGREEMENT made the day of May, 2017, by and between TOWN OF WAPPINGER A Municipal Subdivision, having its offices at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as the "TOWN" and THE TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. A Not -For -Profit Corporation, with its principal offices at 15 Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as the "WAPPINGER LITTLE LEAGUE". WITNESSETH: WHEREAS, the TOWN acknowledges the long-standing relationship between the TOWN and WAPPINGER LITTLE LEAGUE and acknowledges with gratitude the partnership the TOWN has had with WAPPINGER LITTLE LEAGUE in providing an outstanding baseball program for the youth of the Town of Wappinger and its assistance in maintaining the TOWN'S baseball fields; and WHEREAS, WAPPINGER LITTLE LEAGUE recognizes that all of the sports fields owned and maintained by the TOWN are located within public recreation lands, and, except as authorized by this Agreement, WAPPINGER LITTLE LEAGUE acknowledges that the ball fields are open to the general public for use as athletic fields, subject to approval by the Town Board and as administered by the Town of Wappinger Director of Recreation and the Town of Wappinger Recreation Committee; and 8.2.a -1- Packet Pg. 73 8.2.a WHEREAS, the TOWN wishes to contract with the WAPPINGER LITTLE LEAGUE to provide a baseball program and baseball instruction for the youth of the Town of Wappinger as hereinafter specified; and WHEREAS, the WAPPINGER LITTLE LEAGUE is willing to provide such services upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, and other good and valuable consideration, the TOWN and the WAPPINGER LITTLE LEAGUE hereby agree as follows: 1. Recitations. The recitations above set forth are hereby incorporated into this Agreement as if fully set forth herein. 2. Term. The term of this Agreement shall be retroactive to March 1, 2017 through December 31, 2017. 3. Services Provided. 3.1. The WAPPINGER LITTLE LEAGUE shall provide management and supervision of a softball and baseball program for all youth residing within the Town of Wappinger and the Village of Wappingers Falls between the ages of 4 and 20. 3.1.1. Prior to June 3, 2017, WAPPINGER LITTLE LEAGUE shall supply the Town Board with a roster of the participants in the softball and baseball program; such roster shall contain the names, addresses, including township of the residence of each participant. 3.2. The baseball program shall include softball or baseball activities in one of the following Leagues: Challenger Leagues — Age Group — varied 4 to 18 years old Tee Ball — Age Group - 4 to 6 years old -2- Packet Pg. 74 8.2.a Minor League Baseball — Age Group — 7 to 12 years old Little League Baseball & Softball — Age Group -9 to 12 years old Instructional Baseball & Softball — Age Group — 6 to 8 years old Junior/Senior League Baseball & Softball — Age Group — 13 to 16 years old Big League Baseball — Age Group — 16 to 18 years old 3.3. Only the Leagues described above are permitted to use Town fields pursuant to this Agreement. Such baseball programs shall comport with the rules and regulations of the International Little League. "Travel Teams" are not authorized to use Town fields pursuant to this Agreement. Travel Teams must apply separately to use the fields and pay for the use of the fields pursuant to the Town's "Field Use Permit". 3.4. Assignment of participating youths shall be made by the WAPPINGER LITTLE LEAGUE, which shall make such assignment by taking into consideration the age of the youth and the youth's individual skill level as determined by the WAPPINGER LITTLE LEAGUE. 3.5. The WAPPINGER LITTLE LEAGUE shall provide all supervision, coaches, instructors, and umpiring personnel necessary to provide management, supervision and instruction in the above -referenced leagues both baseball and softball, as well as expose the youth to a team experience in a formal organized baseball program. The WAPPINGER LITTLE LEAGUE shall provide such administrative personnel as necessary to provide for the smooth and efficient operation of the above-mentioned Leagues, together with necessary coordination of such programs and use of TOWN fields as approved by the Town of Wappinger Recreation Director, in consultation with the Town of Wappinger Recreation Committee and the Chairman of the Town of Wappinger Recreation Committee. -3- Packet Pg. 75 8.2.a 4. Revocable License to Use Town Sports Field Facilities. 4.1. The TOWN shall provide adequate sports field facilities for the baseball/softball sports program herein set forth; specifically, the TOWN hereby grants a revocable license to WAPPINGER LITTLE LEAGUE to use the Robinson Lane Recreation Facility, the Martz Recreation Field and such other fields as authorized by the Town of Wappinger Recreation Director, in consultation with the Town of Wappinger Recreation Committee (hereinafter "Committee") and the Chairman of the Town of Wappinger Recreation Committee, in accordance with the Field Use Procedure as adopted by the Town Board. 4.2. No later than June 3, 2017, the WAPPINGER LITTLE LEAGUE shall submit a proposed use of the baseball fields necessary to provide the baseball program for the League specified in 3.2 above. So-called travel teams are not included. The schedule of needed baseball fields shall be submitted to the Director of Recreation and the Chairman of the Recreation Committee, who shall review and approve the schedule of use of the fields, or make any necessary modifications thereto. Any changes to the scheduled use of the fields must be approved by the Director of Recreation, after consultation with the Chairman of the Recreation Committee. On Monday of each week hereafter, WAPPINGER LITTLE LEAGUE will confirm the approved use of fields for the following week. Any change in the schedule of use of said fields must be submitted at that time. 4.3. Considering the extent of the various League programs, and to the extent practicable, the TOWN shall give WAPPINGER LITTLE LEAGUE a priority in scheduling the use of the fields. The Wappinger Recreation Director and/or the Chairman of the Recreation Committee may consult with the Supervisor of Buildings and Grounds of the Town of Wappinger to the extent his input may be necessary in approving the use of the fields or other -4- Packet Pg. 76 8.2.a facilities authorized herein. The parties acknowledge that the following individuals are duly appointed to the positions following their names: Wappinger Recreation Director — Jessica Fulton Chairman of the Recreation Committee — Ralph Holt Supervisor of Buildings and Grounds — Steven Frazier President of Wappinger Little League - Peter McGowan Safety Director of Wappinger Little League — Dave Twilley Director of Field Maintenance, Wappinger Little League — James Lamando The TOWN and WAPPINGER LITTLE LEAGUE will promptly notify the other party if there is any change in the above identified parties. 4.4. The use of the baseball fields and related facilities authorized by the TOWN shall include backstops, fencing, dugouts, restrooms, all as they presently exist and as they may be maintained from time to time hereafter. 4.5. The TOWN shall be responsible for all maintenance and repairs of the fields and such custodial services as may be deemed necessary by the Town of Wappinger Supervisor of Buildings and Grounds and as approved by the Town Board, except as hereinafter set forth. The WAPPINGER LITTLE LEAGUE shall promptly notify, in writing, the Supervisor of Buildings and Grounds of any dangerous conditions on any of the facilities licensed hereunder or any needed repairs to the baseball fields or other facilities. 4.6. The Town Board, in consultation with the Supervisor of Buildings and Grounds, must approve all capital or major improvements requested to be undertaken by WAPPINGER LITTLE LEAGUE on any of the sports fields; the approval shall be in the form of a motion or resolution adopted by the Town Board at any regular or special Town Board -5- Packet Pg. 77 Meeting. The request for improvements must identify the type of improvements and any design plans. All such improvements shall be paid for by WAPPINGER LITTLE LEAGUE unless the TOWN expressly agrees otherwise. 4.7. Since Robinson Lane Recreation Facility is a locked -gate Town park, the Town's Supervisor of Buildings and Grounds, after consultation with the Town Supervisor, shall designate authorized personnel to open and close the park each day and shall so notify WAPPINGER LITTLE LEAGUE and the Town's Director of Recreation. (See also paragraph 6.4 regarding use of nightlights.) 4.8. The Recreation Director will notify WAPPINGER LITTLE LEAGUE in the event there is any request to use any of the park facilities that may conflict with the approved schedule of uses by WAPPINGER LITTLE LEAGUE. To the extent practicable, the TOWN shall not grant approval to outside users so as to insure there will be no conflicts with the approved schedule of uses for WAPPINGER LITTLE LEAGUE. Both parties agree to cooperate to maximize use of the facilities with other users, with a preference given to WAPPINGER LITTLE LEAGUE whenever possible or practical. 5. Use of Buildings and Grounds. 5.1. During the time that WAPPINGER LITTLE LEAGUE is using the baseball fields in accordance with the approved schedule of use, the TOWN hereby grants a revocable license to WAPPINGER LITTLE LEAGUE to use existing buildings at the Robinson Lane Recreation Facility for the purposes of storage of equipment and the operation of a food and drink concession. No other use of the buildings or the grounds shall be permitted without the expressed consent of the Supervisor of Buildings and Grounds, after consultation with the Town Supervisor. 8.2.a -6- Packet Pg. 78 8.2.a 5.2. The WAPPINGER LITTLE LEAGUE will be responsible for the maintenance and cleanliness of the concession stand and all equipment in connection therewith, and further affirmatively agrees to operate the concession stand and equipment in accordance with the rules of the Dutchess County Health Department and any other regulatory agency having jurisdiction over the facility. 5.3. Any violations of any rule, law, regulation, ordinance or statute by WAPPINGER LITTLE LEAGUE in the operation of the concession stand will be the sole responsibility of WAPPINGER LITTLE LEAGUE and WAPPINGER LITTLE LEAGUE agrees to indemnify and hold harmless the TOWN for any such violations. 6. TOWN Responsibilities. 6.1. The TOWN shall pay for the cost of a potable water supply at Robinson Lane Recreation Facility and shall supply general and routine maintenance to the parks' buildings, structures and grounds, except for those items specifically designated as WAPPINGER LITTLE LEAGUE responsibilities in paragraph 7 following. 6.2. The parties acknowledge that lights for night games have been constructed at the following fields at the Robinson Lane Recreation Facility: Holt Memorial Field Senior League Field 1 Melissa Bisaccia Memorial Field. WAPPINGER LITTLE LEAGUE shall only be authorized to utilize the night lights three (3) nights per week, Monday through Friday only, at each of the aforementioned fields, and at such other times as approved in writing by the Town Supervisor, after consultation with the Supervisor of Buildings and Grounds. Under no circumstances shall lights be permitted to -7- Packet Pg. 79 8.2.a operate beyond 10:00 p.m. The TOWN shall arrange for a timer on the lights which will be set to turn off promptly at 10:00 p.m. daily. 6.3. The TOWN shall maintain the night lights and keep them in proper working order and inspected as needed to ensure that the lights are in compliance with International Little League Guidelines for night games. 6.4. The TOWN, through its Supervisor of Buildings and Grounds, shall develop a new security protocol for the use of night lights and WAPPINGER LITTLE LEAGUE agrees to cooperate with the TOWN and comply with the adopted security protocol. The dates on which nightlights will be used by WAPPINGER LITTLE LEAGUE shall be identified in the use schedule identified in paragraph 4.1. (See also paragraph 7.6 below.) 6.5. The TOWN shall pay for all utility charges to any of the sports fields and facilities. The TOWN shall supply porta johns, garbage removal and make sure bathrooms are in proper working order (except for routine maintenance). 6.5.1. The TOWN shall be responsible for cleaning of the bathrooms at the Robinson Lane Recreation Facility as follows: 6.5.1.1. The TOWN shall provide for cleaning the bathroom facility based on the LITTLE LEAGUE schedule, as determined by the Supervisor of Buildings and Grounds; such cleaning shall include a broom sweep, quick mop and emptying of trash cans on a daily basis and shall provide for a thorough cleaning at least once per week. 6.5.1.2. The Supervisor of Buildings and Grounds shall be notified in the event emergency repairs are required and needed for any of the facilities licensed herein. The Supervisor of Buildings and Grounds will provide an emergency phone number at -8- Packet Pg. 80 which he or another designated individual can be reached in the event emergency repairs are required. 6.6. The TOWN shall mow and maintain common areas outside of designated ball fields, and shall mow and maintain outfield grass on each of the ball fields. 6.7. The TOWN shall maintain and keep in structurally and/or mechanically good order the dugouts, backstops, fences, signs, plumbing and electrical services to the parks 6.8. Upon request by WAPPINGER LITTLE LEAGUE, the TOWN, through the Department of Buildings and Grounds shall trim or remove any trees or ornamental shrubbery that interferes with game playing on any of the fields. 6.9. The TOWN will supply twenty-four (24) tons of clay and one (1) pallet of lime marking chalk for the ball fields. 6.10. The TOWN hereby grants WAPPINGER LITTLE LEAGUE a license and permission to use, in common with TOWN employees, the lawn mower owned by the TOWN and located at Robinson Lane Recreation Facility for the preparation and maintenance of infield grass on each of the ball fields. 7. WAPPINGER LITTLE LEAGUE Responsibilities. 7.1. Prior to the start of the baseball/softball season, or May 1, 2017, whichever date is later, WAPPINGER LITTLE LEAGUE shall supply the Town Board with a roster containing the names, addresses, including township and place of the residence of each participant. 7.2. WAPPINGER LITTLE LEAGUE shall pay for the cost of a telephone line at the Robinson Lane Recreation Facility. 8.2.a -9- Packet Pg. 81 8.2.a 7.3. WAPPINGER LITTLE LEAGUE shall be responsible for routine weekly cleaning of the dugouts, and for maintaining all infields on each of the ball fields, including turf maintenance, mowing, seeding, aeration, installation/raking and rolling of clay, application of fertilizer and application of drying agent for clay, WAPPINGER LITTLE LEAGUE shall be responsible for spreading the clay and appropriately marking the ball fields with lines. 7.4. WAPPINGER LITTLE LEAGUE will be responsible for properly measuring all base line distances; pitcher mound distances and any other measurements pursuant to the guidelines and regulations set forth by the International Little League 7.5. WAPPINGER LITTLE LEAGUE shall be responsible for procuring any additional clay over the twenty-four (24) tons to be supplied by the TOWN. 7.6. WAPPINGER LITTLE LEAGUE will supply all other needed equipment, including tractors, mowers, chalk liners, etc., necessary to maintain the sports fields in suitable condition, for play, in accordance with International Little League Rules; WAPPINGER LITTLE LEAGUE shall also supply fuel and other maintenance items for all lawn mowers used by it. 7.7. The Supervisor of Buildings and Grounds, in consultation with WAPPINGER LITTLE LEAGUE, shall designate someone in writing to turn the night lights off each night in the event usage of the lights terminates prior to the automatic timer turning the lights off, the designated person shall also be responsible for turning off the lights for any other users of the field authorized to have night games at the Robinson Lane Recreation Facility. The Supervisor of Buildings and Grounds shall also designate someone to close the Robinson Lane Recreation Facility each day during the baseball season. -10- Packet Pg. 82 8.2.a 7.8. WAPPINGER LITTLE LEAGUE will pay for any improvements it deems necessary outside of the TOWN responsibilities, subject to Town Board approval, in consultation with the Supervisor of Buildings and Grounds. 8. Eguipment. The WAPPINGER LITTLE LEAGUE shall provide all sporting equipment necessary for the implementation of the baseball/softball sports program to be provided herein, including, but not limited to, bases, balls, insurance, uniforms, league fees, players' equipment, pitching mound, etc., and such other equipment to maintain the fields as required by the International Little League Rules. 9. Availability. The baseball/softball sports program herein provided shall be made available to all youth of the TOWN, inclusive of the Village of Wappingers Falls. The sports program shall be provided starting in the month of March 2017 through the completion of the summer/fall program in November 2017, as approved by the Recreation Committee. 10. Medical Insurance Coverage. The WAPPINGER LITTLE LEAGUE shall provide medical/injury insurance equal to or greater than the standard International Little League insurance coverage covering the medical expenses for any of the participants in the baseball/softball program. 11. Financial Disclosure. The WAPPINGER LITTLE LEAGUE will furnish to the Town Board a profit and loss statement for the WAPPINGER LITTLE LEAGUE and show distribution of funds from any non-profit tournaments run by WAPPINGER LITTLE LEAGUE at Robinson Lane Recreation Facility no later than January 31st of each year hereafter. -11- Packet Pg. 83 8.2.a 12. Fee for Administration of Program. 12.1. The TOWN shall pay WAPPINGER LITTLE LEAGUE the sum of Six Thousand Dollars ($6,000.00) for the administration and oversight of the baseball/softball programs to be provided pursuant to this Agreement. 12.2. WAPPINGER LITTLE LEAGUE shall be solely responsible for providing all additional financial support necessary to provide the baseball/softball programs to be provided hereunder. 12.3. The TOWN will authorize the use of the Robinson Lane Recreation Facility by the WAPPINGER LITTLE LEAGUE for one additional tournament. All proceeds from the tournament will be paid to WAPPINGER LITTLE LEAGUE and will be used to financially subsidize the baseball program authorized by this Agreement. The TOWN shall not charge any fee for the use of the Robinson Lane Recreation Facility for this tournament, except, however, in the event the night lights are used, the TOWN shall be paid $250.00 per field for the use of such lights. 13. Liability Insurance. 13.1. The WAPPINGER LITTLE LEAGUE shall indemnify and hold harmless the TOWN from all claims on account of injury, loss or damage arising or alleged to arise out of or in connection with the occupancy or use of the Town of Wappinger Recreation Fields; including all expenses incurred by the TOWN in the defense, settlement or satisfaction thereof including expenses of legal counsel. 13.2. In addition, the WAPPINGER LITTLE LEAGUE agrees to provide to the TOWN, a certificate of insurance, which indicates a current Commercial General Liability policy is in force with the WAPPINGER LITTLE LEAGUE as a named insured written with an -12- Packet Pg. 84 8.2.a insurance company with an A. M. Best's rating of "A" or better. The occurrence limit must indicate a limit not less than $1,000,000. The TOWN shall be named as an additional insured and/or certificate holder on a primary, non-contributory basis. 13.3. No approval is granted or implied unless and until all requirements as outlined above have been submitted to, received and accepted by the TOWN. 14. Indemnification. The WAPPINGER LITTLE LEAGUE will save, indemnify and hold harmless the TOWN and its agents, servants and employees from against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from any claims, damages, disease, death or injury to any participants in the program conducted by the WAPPINGER LITTLE LEAGUE, including the loss or destruction of tangible personal property, except, however, the WAPPINGER LITTLE LEAGUE shall not responsible or assume any liability for any acts of negligence committed by or on behalf of the TOWN, its agents, servants and employees. 15. Worker's Compensation. The WAPPINGER LITTLE LEAGUE shall provide Worker's Compensation coverage as required by General Municipal Law §108. 16. Mandatory Provision. Each and every provision required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein and in the event any such provision is not inserted or is not correctly inserted, then, upon the application of either party, this Agreement shall forthwith be physically amended to make such insertions or corrections. 17. Non -Discrimination. The WAPPINGER LITTLE LEAGUE will not discriminate because of race, color, national origin, ancestry, or religion; the program shall be -13- Packet Pg. 85 8.2.a open to all youths who have a permanent residence within the Town of Wappinger, including the Village of Wappingers Falls, who are between the ages of 5 and 18. 18. Independent Contractor. The parties hereby agree that WAPPINGER LITTLE LEAGUE is hereby deemed an "independent contractor" and shall not be considered an employee or agent of the Town of Wappinger. 19. Non -Assignment. This Agreement may not be assigned. 20. Authorization. Each party, by execution of this Agreement, represents that it has duly obtained the authorization of its governing body to enter into this Agreement. The Town Supervisor or her duly designated Deputy Supervisor is hereby authorized to execute this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Wappinger at a regular meeting thereof held on the 22nd day of May, 2017. 21. Duplicate Originals. This instrument shall be executed in four (4) counterparts with at least one duplicate original permanently filed in the Office of the Town Clerk of the Town of Wappinger. IN WITNESSETH THEREOF, the parties have set their hands and seal this day of May, 2017. TOWN OF WAPPINGER an LORI A. JIAVA, Supervisor TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. PETER MCGOWAN, President -14- Packet Pg. 86 STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) 8.2.a On the day of May, 2017, before me, the undersigned, personally appeared LORI A. JIAVA 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) On the day of May, 2017, before me, the undersigned, personally appeared PETER MCGOWAN 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 same 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 -15- Packet Pg. 87 1-:>`ourceSuite Phone #: (800,) 835-4601 Fax #, (800) 72,1-6995 Procurotnent &:klufions IL S` AGREEMENTFOR SERNACTS Parties to this Agreement, The parfieto this Service,, Agreement (hereittafter referred to as "the Agret.mcm") are Town of' Wappinger (hereinafter refern:d as the "Participating Org,,mization") and International Data Base Corp,, doing bix'siness under the tradc name BidNct, a legally incorporated bbd,� having its principal Iflace of busiriess at 15 British American BordQvard, Lathain, New York, 12110 (hereinafter referred io as "BidNet"), RECITALS-, Wl-11'_A'kEAS the flartkipaling Organiztition is in need of web -based soliciw6on and bidding service%, includiFig. maintenance and suppoil services; WHEREAS under the Agreement, MdNet bas developed a web -based solicitation ,,,,ys(ern, providing, On-line lit (Wing serv�ces, including, maintenance and stipport servk",es (hereinafter referrecl to as WHEFU.-'AS the Participating Organization wishes to join Thc Netmork and froot thc 'AlrVICes ryPovid',d by BidNet, THE PARTIES AGREE, 1. Description of Servicts: System "Oembey shipThe Participating Organization has agreed tojoinThe Nelwo4,,- It is understood that BidNer. will provide Ow Participating Organizationwilh access to The Nel-work, 2, Termof Agreement. ThisAgreenient shallbecom�� QMctive on the dale of the execution for an ini6al tertn of tweive (12) months (the "Initial term"). The hdtid 'Ferm of this Agreement tmay tw extQnded in orre-yQar increments. without notice unless terminated by either party. 3. Payment for Serviom 3.1 F" jlard t 4 il�Lgtl Ces: u �)[ 3.1.1. Subscriplion Fees: There will be no subl,;cripdon flees inCUrred by the Participating Organization under this Agreement. ,M.L Mailing flea s. BidNef: as send an invoice to the Participating Organization t5or reimbur5t,ment of postago f»Mes incurred to produce tho ivaflino to.supplienzi, rei nAbu,rseinia tit of Press. ROeasc distribution fees incurred to distribute Press Release, Agreement for Service.s v.-II(ABN 14 I Packet Pg. 88 1 SourceSuite Phone 4, (8:00) 835-4603 Fax 41: (800) 721-6985 Procuremt;ra Skflutions by B1DNi,'1,r 3JA Programming 1--`ees: 'File Paaicipating Organi7ation agrees to use 'The Network oil an "as is" basis, M), custennizjA work tequested by the T-articipadng Organization shall be rnade available at ('11le 1-iLlildred wid Twent y -i Ive dollars {S 12 e) pet, hour. .x.1.5. Start kls Auction I"ces. Should the Participating Organization choose to use the tar leas" C, Auctions profgam to sell unwanted goods and equipmerit, ti .5% ecmirnission will be paid to fiidNm for items sold. 3.1,6� Future Erthancerunm Bid,Nv reserves the rigbi to of-A"r filture, scl'vices to tile WhiCh Mcl)l Or MaN 1101 iUklde setViCe fel�,S. 3.2.L 1.3asic ser vim '['his opflon gives soppy ices access tO seaV'Ch for dOCUMonts of interest for all Ilarricil'u'aing OrganizatiOI)S UCtiVel)' Mitl,ThC Network at no charge, bUt teqUiIVS them to remember to login frequCiltly to enc.,ure they ave able to view opportunities before they cfo&,e- This iricludes bids, addendums and awards. 121. Optional Value Added ServiceSupphers that choose to rel,.;ister for the value added 3CF-ViCt OpliCill will be chaqged a mominal annual, subscription F". This in,cludes notiff catimi from all Participating Orgaflimfions when bids, addendunis and awards are posted on The N&Aork that umiches their profile, 311 l"uture Enhincements: Olid let reserves the right to offer futim, serviccs to ail registerQd suppliers wNOi inay or may not includf,, separate service fees. 4. Ttratination- This, Agivernow mkv be terininated by either plrty upon sixty (60) d�kva notice, police shali 6e: in writing, sent by Ce - rtjfj(,tj tj,<Jjj, reftjLf I -ted. il rcceipT reques 5. Entire AtIrreement: This Agreernent constitutes the entire unclerstanding of the port ivsand the parties agree that there un,- no other understandings, representations or warranties, either xpressed or implied, mhethQr written or oral. miade bv either party. exoept as stated within Ellis Agrecmlent. 6mendments. !No alleratiorl OfthiS Aa_�I'eelnefft Sficfll be valid, err` ess made in mriting and signed by the par$ies and tic) oral or 'ugreomxnts nat incorporated herein shall be bindin g on the partics, 7, Governing La8y: This Ageement shall b;u gov-erned by Ow lzms ofthe State Of Neu York, 8. If aR y provision of this Agreement M 11 be held to be invalid or uneaformtble for any reascm !'.Inc: remainin i g l")rovjsioms %vill continue, ter be valid and enforevable, 9. Work Product Owntrship: Any copyrightable works, ideas, d,scoverie�,, inventions, patents, pt-OdLICTS, or Othtr PrOl)l'iCtury developQd in whole or in part by BidNet in connection of' this Agreement, will be tile exclusive property of'BidNet, Agreement for Services v--04BN 14 I Packet Pg. 89 1 SourceSuite Phone #. (800) 835-46013 Fax lh ('800) 721-6985 Pmmiremwnt Solulkins by BIDNF,�I' 10, U'nauthorized Use: The Participating Organization ngrees to require ewh user obtan a Username "ind juas'ivc% to gain accvssfiu:'M�,moi,L Shuring of usernames and passvord,,,; is stricfly Prohibite(i. J'he Participaflng Cgardzation also agret,s to obtain written conse-rit front I3!(Net prior T to 'Showing demonstrations ofThe Network to any third party, I L Warranty: BidNet shall provide itsservices and meet its obligations under this Agreement into timely manner, usung, for Performing the services s� hi,it awet a standard ofcare equd to service sire liar to BidNQt on twit iHar proJecls, 12, Signatures. "Ehe individwals exec atini, this Agreement represimlt and %varrant that it have the legal Capacity and 'ILafluorjty lu do so ("'I'l behaffol"h6i, wspcelive Jegai entities, The parties hereto, by their (ILOY, Buthodzeci have executed this Agreement effective the ckty and YC,'Ir WTIttefl tinder the Part ic i jiai ng Organization bclo-vv. I'okn ofcat ppijq,,,,er 20 Middlehush. Rd Wappingers Falls, NYI 2590 Nu tit e: A% -Ji �-i vo lltle: 'y Data: 01 ------- Iw— Signature: A4e- BidNet,9-,, as division of International Data Base Corp. Name; L)qq Anstil Title: lice President Date: Signature: Agreement for Services v.1104BN 14 I Packet Pg. 90 1 LOCAL LAW # 4 OF THE YEAR 2007 A Local Law entitled "Local Law No. 4 of 2017, Amending Section 230-46 of the Code of the Town of Wappinger, to prohibit parking along both sides of Front Street from its intersection with Bank Street heading in a northerly direction to its termination at the Hudson River." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section L• Title. This Local Law shall be known and cited as Town of Wappinger "Local Law No. 4 of 2017, Amending Section 230-46 of the Code of the Town of Wappinger, to prohibit parking along both sides of Front Street from its intersection with Bank Street heading in a northerly direction to its termination at the Hudson River." Section IL• Legislative Intent. Based on the recommendation of the Supervisor of Buildings and Grounds, it is the determination of the Town Board of the Town of Wappinger that parking be prohibited along both sides of Front Street from its intersection with Bank Street heading in a northerly direction to its termination at the Hudson River. Front Street terminates at a boat launch which is owned and maintained by the Town. The boat launch is used to launch various water crafts, including kayaks, jet skis, sailboats and motorboats. Once individuals have launched their water craft, many have been parking their vehicles and trailers along Front Street, impeding and blocking others' access to the boat launch and causing general traffic congestion for the nearby streets. The Town Board has determined that it is in the best interest of public safety, motorists and pedestrians who utilize the boat launch and the surrounding neighbors that parking be prohibited as previously indicated. Accordingly, it is the expressed determination of the Town Board that it is in the best interest of the public health, safety and welfare of the residents of the Town of Wappinger to prohibit parking -1- 8.5.a Packet Pg. 91 along both sides of Front Street from its intersection with Bank Street heading in a northerly direction to its termination at the Hudson River. The Town Superintendent of Highways and the Town Supervisor of Buildings and Grounds both concur in the adoption of this Local Law. Section III: Parking Prohibited. Section 230-46 entitled "Schedule XII: Parking Prohibited at All Times" is hereby amended by including, in alphabetical order, the following portion of Front Street to said "Schedule XII: Parking Prohibited at All Times" as follows: Name of Street Side Location Front Street Both From its intersection with Bank Street heading in a northerly direction until its termination at the Hudson River Section VI: Numbering for Codification. It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter", "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section VII: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, sub -section, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any -2- 8.5.a Packet Pg. 92 person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable, had been specifically exempt therefrom. Section VIII: Ratification. Except as amended by this addition to Section 230-46, the Code of the Town of Wappinger is hereby ratified, confirmed and readopted. Section IX: Effective Date. This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. -3- 8.5.a Packet Pg. 93 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 12th day of June, 2017, at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed Local Law, entitled "Local Law No. 4 of 2017, Amending Section 230-46 of the Code of the Town of Wappinger, to prohibit parking along both sides of Front Street from its intersection with Bank Street heading in a northerly direction to its termination at the Hudson River." PLEASE TAKE FURTHER NOTICE that the purpose and intent of the proposed Local Law is to prohibit parking of vehicles along both sides of Front Street from its intersection with Bank Street in a northerly direction to its termination at the Hudson River to prevent vehicles from parking along Front Street blocking and/or impeding access to the boat launch making use of the boat launch hazardous for other motorists and pedestrians. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 6 NYCRR 617.5, the proposed adoption of the aforementioned Local Law is a Type H action not requiring environmental review pursuant to the State Environmental Quality Review Act (SEQRA) and, accordingly, no environmental review has been undertaken. -1- 8.5.b Packet Pg. 94 PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law 4 of the Year 2017 are available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: .2017 -2- BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI, TOWN CLERK 8.5.b Packet Pg. 95 AGREEMENT FOR CONSTRUCTION WORK AT TOWN OF WAPPINGER EMERGENCY SERVICES BUILDING This AGREEMENT entered into this — day of May, 2017, by and between THE TOWN OF WAPPINGER a Municipal Corporation, with its principal office located at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 (hereinafter referred to as the "TOWN") - and - RONDACK CONSTRUCTION, INC. a New York State Corporation, with an address of 5 Bingham Mills Road, Germantown, New York 12526 (hereinafter referred to as the "CONTRACTOR"). WITNESSETH WHEREAS, the TOWN requires certain repairs and reconstructive work to the Town of Wappinger Emergency Services Building; and WHEREAS, pursuant to the TOWN'S Procurement Policy, Robert J. Gray, P.E., Engineer to the Town, circulated a written RFP for the proposed work; and WHEREAS, only one proposal was received and the price of the proposal exceeded the statutory limit for public bidding, to wit, $35,000.00, per the TOWN'S Procurement Policy and General Municipal Law § 103; and WHEREAS, Robert J. Gray, P.E., Engineer to the Town, was able to negotiate a revised proposal for the sum of $34,900.00 by eliminating the removal of the door in the bathroom and use the door being removed from the hallway as the new bathroom entry door and tape and prime paint only new sheetrock; and 8.8.a Packet Pg. 96 8.8.a WHEREAS, the revised proposal falls within the TOWN'S Procurement Policy, not otherwise requiring public bid; and WHEREAS, the revised proposal is shown on the copy affixed hereto as Exhibit "1"; and WHEREAS, the work to be performed under the revised proposal consists of firewall construction, minor patching and repairs to the rooms and hall walls, and toilet as well as other work in the space to be occupied by EMStar within the Emergency Services Building located at 16 Middlebush Road in the Town of Wappinger; and WHEREAS, it is essential that this work be completed as soon as practicable to allow occupancy by EMStar who is the ambulance service provider for the Town -wide Town of Wappinger Ambulance District. NOW, THEREFORE, BE IT RESOLVED, that pursuant to, and in accordance with the applicable provisions of New York State General Municipal Law, New York State Town Law and Chapter 46 of the Town Code, the TOWN and the CONTRACTOR, for consideration hereinafter named, do hereby mutually agree as follows: Recitations Incorporated. The recitations above set forth are incorporated in this AGREEMENT as if fully set forth and recited herein. 2. Agreement Price. CONTRACTOR, in consideration of the payment or payments herein specified and agreed to by the TOWN, hereby agrees to furnish and deliver all the materials and perform all the work and labor necessary to perform the work as set forth in the revised proposal attached as Exhibit "1", for the sum of Thirty - Four Thousand Nine Hundred Dollars ($34,900.00). 2 Packet Pg. 97 8.8.a 3. Scope of Agreement. This AGREEMENT shall also include the following additional Contract Documents: • Applicable Prevailing Wage Rates (wage rate determination to be attached); • Notice of Award; • Notice to Proceed; and • Approved Change Orders. 4. Time of Commencement; Revocation. This AGREEMENT shall be effective on the date executed by both parties and work shall commence within five (5) days of the Notice to Proceed issued by the Town of Wappinger. The TOWN, in its sole discretion, may terminate this AGREEMENT in the event of a material breach of any terms, covenants and contained herein. The CONTRACTOR, its agents, employees and subcontractors shall be subject to all claims for damages as provided for herein, which shall be determined solely by the agents and or employees of the TOWN pursuant to authorization by Resolution of the Town Board. 5. Change Orders. A written change order executed by both the TOWN and CONTRACTOR is required prior to any authorization to alter, add, delete or revise the Scope of Work and/or adjust the price to complete the work pursuant to this AGREEMENT. 6. Insurance. 6.1. Coverage Requirements. CONTRACTOR, at its own expense, shall purchase and maintain during the life of this AGREEMENT which includes any warranty period, such commercial 3 Packet Pg. 98 8.8.a comprehensive liability insurance, including public liability and damage insurance on an occurrence basis, as shall protect the TOWN and CONTRACTOR from any and all claims for damages for personal injury, including accidental death, as well as all claims for property damage that may arise from operations under this AGREEMENT, through insurance carriers licensed to provide insurance in the State of New York and having an A. M. Best Company rating of "A" or better, and the amounts of such insurance shall be as follows: Bodily Injury, Property Damage Products and Completed Operations Medical Payments Automobile Liability Insurance (combined single limit) Excess Liability Insurance Workers' Compensation Insurance $1,000,000 per occurrence $2,000,000 aggregate $2,000,000 aggregate 5,000 $1,000,000 $5,000,000 Statutory The Commercial General Liability Policy shall include: 1. Blanket Contractual; 2. Broad Form Property Damage; 3. Fire Legal Liability. Conditions: 1. Owner to be listed as additional named insured on a primary, non- contributory basis; and 2. All liability insurance is to be issued on an occurrence basis. 6.2. Waiver of Subrogation. All insurance policies maintained by the CONTRACTOR shall include a waiver of any and all rights of subrogation of the CONTRACTOR or its insurers against CONTRACTOR, Project Owner, Architect/Engineer along with all other Additional Insureds/Indemnified Parties and their agents, officers, directors and employees for 4 Packet Pg. 99 recovery of damages. CONTRACTOR further waives its right of subrogation against the CONTRACTOR or any Additional Insured or Indemnified Party for any damage or loss to the CONTRACTOR'S Scope of Work, tools, equipment, materials or any other loss within the scope of any insurance maintained by the CONTRACTOR. 7. Indemnification. CONTRACTOR agrees to defend, indemnify and save harmless the TOWN from any and all suits, actions or causes of action of every kind, nature and description brought against the TOWN for or on account of any injuries or damages received or sustained by any party or parties by or from the negligence of the CONTRACTOR, its officers, members, contractors, agents, employees or invitees, in connection with any work performed pursuant to this AGREEMENT. Notices. All notices required by this instrument must be in writing, and must be personally delivered or deposited in a mail receptacle maintained by the United States Postal Service. A mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class certified mail return receipt requested, with sufficient prepaid postage affixed and with return receipt requested. Notices to TOWN and CONTRACTOR shall be addressed to their respective addresses as set forth above, or to such other addresses as they may designate by notice given in accordance with this paragraph and to either of their attorneys as they may from time to time designate by notice given in accordance with this paragraph. Notice shall be deemed given and received as of the date of its personal delivery or date it is received by the TOWN. 9. Building Permits. CONTRACTOR shall apply for and obtain required Building Permits for the construction of any work required herein. 8.8.a Packet Pg. 100 8.8.a 10. Warranty. All work, labor and materials are guaranteed against defects in materials and workmanship for a period of one (1) year from the date of completion and acceptance of the work as determined by the Engineer to the Town. 11. Defective Work; Termination. If the work to be performed pursuant to this AGREEMENT is found to be defective or abandoned, which shall be determined solely by the Engineer to the Town, which determination shall be adopted by the TOWN pursuant to authorization by Resolution of the Town Board, the Engineer to the Town or other authorized agent(s) of the TOWN shall certify in writing to the CONTRACTOR that the work contemplated herein as specified in the Scope of Work above has not been completed or fulfilled in accordance with the terms hereof, including, but not limited to, the rate of progress, unnecessary or unreasonable delay, or that the CONTRACTOR, its officers or employees have in any way frustrated or violated the provisions of this AGREEMENT then, the TOWN, in its sole discretion, may terminate this AGREEMENT and make any and all claims for damages as circumstances dictate. 12. Survival. The provisions of this AGREEMENT shall survive any termination by the TOWN of this AGREEMENT. CONTRACTOR shall at all times hereinafter be bound by and shall comply with all of the provisions of this AGREEMENT. 13. Assignment Prohibited. CONTRACTOR shall not assign this AGREEMENT, or any of its rights, privilege or interest herein. 14. Modification. No change, modification, or waiver of any term of this AGREEMENT shall be valid unless it is in writing and signed by both Parties. 6 Packet Pg. 101 15. Entire Agreement. This written AGREEMENT, when signed by both Parties, forms the AGREEMENT between the Parties and replaces and supersedes all prior agreements or understandings between the Parties. 16. Waiver. No waiver of any breach of any condition of the AGREEMENT shall be binding unless in writing and signed by the party waiving such breach. No such waiver shall in any way affect any other term or condition of this AGREEMENT or constitute a cost or excuse for repetition of such or any other breach unless the waiver shall include the same. 17. Successors and Assigns. This AGREEMENT shall apply to and bind the successors and heirs, administrators and executors of the parties. 18. Schedules. All of the schedules annexed hereto shall be deemed to be and the same are hereby made a part hereof. 19. Governing Law. This AGREEMENT shall be governed by, and construed and enforced in accordance with, the laws of the State of New York and without the aid of any canon, custom or rule of law requiring construction against the draftsman. All equipment, structures and property authorized to be used pursuant to this AGREEMENT shall be used, operated, maintained and repaired so as to be in compliance with all applicable statutes, laws, ordinances, local laws, codes, rules and regulations of the Town of Wappinger or any other federal or state agency having jurisdiction thereof. IN WITNESS WHEREOF, the parties have each executed this AGREEMENT and have caused their corporate seals to be affixed hereto the day and date first above written. 8.8.a 7 Packet Pg. 102 (Seal of the Town of Wappinger) (Seal of Rondack Construction, Inc.) STATE OF NEW YORK ) ) ss. COUNTY OF DUTCHESS ) 8.8.a TOWN OF WAPPINGER Lori A. Jiava, Supervisor RONDACK CONSTRUCTION; INC. ,President On the day of May, 2017, before me the undersigned, a Notary Public in and for the State, personally appeared LORI A. JIAVA 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 she executed the same in her capacity, and that by her signature on the instrument the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ) ss. COUNTY OF DUTCHESS ) On the day of May, 2017, before me the undersigned, a Notary Public in and for the State, personally appeared 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/she executed the same in his/her capacity, and that by his/her signature on the instrument the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 8 Packet Pg. 103 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN COMPREHENSIVE PLAN TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a Public Hearing on the 12th day of June 2017, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should adopt a Resolution which would amend the Town Comprehensive Plan with respect to a portion of the DeGarmo Plaza shopping center. PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed Resolution. PLEASE TAKE FURTHER NOTICE that the full text of the proposed Resolution will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: May 22, 2017 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI Town Clerk Town of Wappinger jAdocs2\500\wappin ger\compre hensive plan\degarmo ph notice.dhs.doc 8.9.a Packet Pg. 104 R8T Legend Residential - Low Density Residential - Medium Density Commercial Conservation Office Park Institutional Recreation Cr O Z 2 O co EXHIBIT A PROPOSED DEGARMO PLAZA AMENDMENT TO COMPREHENSIVE PLAN Town of Wappinger, New York AI NOTE N This map was compiled from multiple datasets with diff erea�t scales and p,.T-i.- and should -1y b, used for g-eraI pl-,�mg purposes. 8.9.b Ro. FREDERICK P. CLARK ASSOCIATES, INC Planning/Development/Environment/Transportation FEET 400 300 200 100 0 400 Packet Pg. 105 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a Public Hearing on the 12th day of June 2017, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should adopt Local Law No. 5 of 2017 which would amend Chapter 240, Zoning, of the Town Code by modifying the Shopping Center (SC) District and changing the zoning of two parcels to SC. PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed Local Law. PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: May 22, 2017 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI Town Clerk Town of Wappinger jAdocs2\500\wappinger\code amendmts2017\sc degarmo ph notice.dhs.doc 8.11.a Packet Pg. 106 8.11.b NEW YORK STATE DEPARTMENT OF STATE 5-17-17 41 STATE STREET ALBANY, NY 12231 Local Law Filin (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 5 of the year 2017 A local law entitled "Local Law No. of 2017 for the Purpose of Amending Chapter 240, Zoning of the Town Code by Modifying the Shopping Center (SC) District and Changing the Zoning of Two Parcels to SC." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) Packet Pg. 107 8.11.b LOCAL LAW No. 5 OF THE YEAR 2017 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law No. 5 of 2017, for the Purpose of Amending Chapter 240, Zoning, of the Town Code by Modifying the Shopping Center (SC) District and Changing the Zoning of Two Parcels to SC." Section 2: Legislative Intent The Town Board believes that it is reasonable and appropriate to amend Chapter 240, Zoning, of the Town Code with by modifying the Shopping Center (SC) District and changing the zoning of two parcels to SC. The zoning in this local law is consistent with the Town Comprehensive Plan. Further, this local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3: Amendment to the Text of Chapter 240, Zoning In the Schedule of Dimensional Regulations - Nonresidential Districts at 240 Attachment 4:1, the minimum lot area in the Shopping Center District shall be changed from 10 acres to 5 acres. Section 4. Changing of Zoning District Designations of Parcels The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Tax Parcel Number(s) Subject Property Address Owner's Name and Address Existing Zoning District New Zoning District 235-237 Myers Corners Road Jusomi Holdings LLC NB SC 6258-02-759569 Wappinger, NY 12590 851 Route 22 Neighborhood Shopping Brewster, NY 10509 Business Center Myers Comers Road Jusomi Holdings LLC R-40 SC 6258-02-781586 Wappinger, NY 12590 851 Route 22 1 -Family Shopping Brewster, NY 10509 Residence Center 2 Packet Pg. 108 Section 5. Amendments to the Zoning Map of Chapter 240, Zoning The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 4 above, as shown on Exhibit A entitled, "Proposed DeGarmo Plaza Rezoning," dated March 31, 2017and attached hereto. Section 6: Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 7: Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 8: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 9: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. Attachment: Exhibit A J:TOCS2\500\Wappinger\Code Amendmts2017\SC degarmo LL v2.0.dhs.doc 3 8.11.b Packet Pg. 109 1 ezoigliiq Elmo n \ I: j Lo S LEGEND uuuuuuuuuuuuuuuuuuuumuuuuuuuuuuuuumuuuuu Existing Zoning District Boundary �u,iiuuu Existing Zoning District Boundary to be Removed I I I I Proposed Zoning District Boundary :x...40 Lin S PROPOSED DEGARMO PLAZA REZONING Town of Wappinger, NY 1 8.11.c I 11. FREDERICK P. CLARK ASSOCIATES, INC. Exhibit PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT n Scale in Feet 400 0 Packet Pg. 110 The Contract is changed as follows: (see attached summary) NOT VALID UNTIL SIGNED BY THE OWNER, ENGINEER AND CONTRACTOR. The original Contract Sum was ............. _ .......................................... ....... $ 125,740.00 Net change by previously authorized Change Orders, ....... .................. ......... $ 28,168.00 The Contract Sum prior to this Change Order was.... .... ....... ............... ............. $ 153,908.00 The Contract Sum will be increased by this Change Order in, the amount of... ............ .... $ 8,213.61 The new Contract Sum including this Change Order will be ........ ........ ........................ $ 162,121.61 The Contract Time will be increased by... ..... no change, ... .................. ........ The date of Substantial Completion as of the date of this Change Order therefore is,... ENGINEER CHANGE ORDER NUMBER: 002 Town of Wappinger DATE: Town Hall Building 2017-05-18 Windows Replacement Project ADDRESS TO CONTRACTOR: ENGINEERS PROJECT NO.: W21628 Basec Corp Contract No. 16-020 1978 Route 9W CONTRACT DATE: 2017-01-18 Milton, NY 12547 CONTRACT FOR: BY: Windows replacements The Contract is changed as follows: (see attached summary) NOT VALID UNTIL SIGNED BY THE OWNER, ENGINEER AND CONTRACTOR. The original Contract Sum was ............. _ .......................................... ....... $ 125,740.00 Net change by previously authorized Change Orders, ....... .................. ......... $ 28,168.00 The Contract Sum prior to this Change Order was.... .... ....... ............... ............. $ 153,908.00 The Contract Sum will be increased by this Change Order in, the amount of... ............ .... $ 8,213.61 The new Contract Sum including this Change Order will be ........ ........ ........................ $ 162,121.61 The Contract Time will be increased by... ..... no change, ... .................. ........ The date of Substantial Completion as of the date of this Change Order therefore is,... ENGINEER CONTRACTOR OWNER Morris Associates leasee Corp Town of Wappin ger ADDRESS ADDRESS ADDRESS 9 Elks Lane 1978 Route 9W 20 Middlebush Road Poughkeepsie, NY 12601 Milton, NY 12547 Wappingers Falls, NY 12590 BY: BY: BY: DATE: L DATE: DATE: 0AWappWngeffown BoarMTown Hall Windows Rep lacennenV220 17-05-18 Change Order No. 2.doc I I Packet Pg. 111 r BAS 3pl�' M 845 May 16, 2017 Town of Wappinger 20 Middlebush Rd Wappinger Falls, NY 12590 Attention: Peter Hobday/Bob Gray Project: Wappinger Town Hall Subject: Proposal for NEW Rigid Insulation, Aluminum Sill Flashing & Weatherproofing Scope: Remove existing insulated fiberglass and replace with an overall 4" extruded polystyrene foam insulation at 32 thus openings. Additionally remove existing aluminum sill flashing and provide new polymer weather shield & new aluminum sill flashing., 28 thus 2'x 8' Extruded Polystyrene Foam panels ..................................................................... $715.00 32 thus Aluminum Sill Flashing @ $85.00 each .................................................................... $2,720.00 150' of Polymer Weather Shield .............................................................................................. $225.00 32 man hours @ $102.32 per hour .......................................................................................... $3,274.24 Sub Total $6,934.24 15% Margin $1,040.14 $7,974.38 3%Bond Add $239.23 �a 0 z TOTAL Price $8,213.61 0 kib/MC E I Packet Pg. 112 1 Wappiniger Town Hall Foam Panel $ 715.00 Sill Flashing 32 @ $85.08 $ 2,720.00 $ 2,720.00 150` polymer xveahtershield $ 225.08 32man hours @1OZ.32per hour $ 3,274.24 $ 3,274.24 1596margin $ 1/040.14 Sub Total $ 7,974.38 3% bond rate $ 239.23 TOTAL $ 8,213.61 �a I Packet Pg. 113 1