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2017-06-12Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, June 12, 2017 7:30 PM Town Hall 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 Bob Gray Albert Roberts Salute to the Flag Organization Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Consultant Consultant Consultant Adoption of Agenda 1. Motion To: Adopt the Agenda Title Supervisor Councilman Councilman Councilman Councilman Town Clerk Deputy Town Clerk Planner RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Accept Minutes 1. Motion To: Acknowledge Minutes of May 22, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Status Present Present Present Present Present Present Present Present Present Present 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 7:30 PM Town of Wappinger Page I Printed 611412017 Regular Meeting Minutes June 12, 2017 V. Correspondence Log RESOLUTION: 2017-110 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Log - 20,17-06-12 Number To From Date Date Rec' Ree Agenda Date 106-12-001 Town Board Town Com roller 6/1812817 5/19017Warrants 2817 - W and X 6/1212817 86-12-802 Town Board Villa e ofWappinqers Falls 61812817 611812817 Legal Notice - Planninq Board 611212817 86-12-883 Town Board Village of Wappingers Falls 6116/2817 6118/2817 Legal Notice - ZBA 611212817 106-12-004 Joseph P. Paoloni Keane & Beane 6/1812817 5123017 Withdrawinq a FOIL Request - DeGarmo Plaza 6/1212817 86-12-886 Su er~nsor Jim Gary Lindstrom 6/2d/2817 6126/2817 Comments & Opinions Reqardinq Local Law 3 6/1212817 86-12-886 Town Board Dolce Voi7 line/Farm to Table Bistro 6/31/2817 6/31/2817 State Liquor Authority / Local Municipality 6112/2817 106-12-007 Town Board Jessica Fulton 612612817 61112817 Pla round Inspector 611212817 86-12-888 Town Board Bea 0 ui7ti 6/1/2817 6/212817 Planning/Zoning Planning/ZoningReport, March, April, May 2817 6/1212817 06-12-009 Town Board Carl S Wolfson 6/1/2016 61212017 Monthly Justice Report, May 2017 6/1212017 86-12-818 Town Board Heather L_ Kitchen 61612817 61612817 Monthly Justice Report, May 2817 611212817 86-12-811 Town Board Lee Anile Freno 6/6/2817 6/6/2817 Monthly Tax. Report, May 2817 6/1212817 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 -2017-110 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter ...... Q ....... ❑ ........ . ❑ ❑ ❑ Defeated William H. Beale .. Seconder ................ Q ....... ...... ❑ ....... ❑ ....... ... ❑ ...... .. ❑Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q❑ ❑ ❑ .. Michael Kuzmicz Mover Q 11 ❑ ❑ Dated: Wappingers Falls, New York June 12, 2017 The Resolution is hereby duly declared Adopted. VI. Public Hearings 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 Gary Lindstrom of Kent Road addressed the board to suggest that Local Law 3 of 2017 is too narrow and appears to be designed to address specific businesses rather than what a general law should address. He pointed out that 30 years is defined as an antique whereas New York State uses 25 years. He suggested that car should be replaced with motor vehicle citing that a Camino Town of Wappinger Page 2 Printed 611412017 Regular Meeting Minutes June 12, 2017 is technically a truck not a car. He addressed the sales limit of 7 versus the NY State building at 5 years, and the required acreage of 4 years. Zoning Administrator Roberti said, "the law did come up because of Custom Cadillac and we were trying to fit it into what the town laws already are for different types of auto repair and we thought it would be fair with 4 or more acres because this is not a business that you might want to see on very small lots." RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 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" No comments from the general public. RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 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 Clifford Davis addressed the board to represent Pete's Deli who opposes this rezone. He said the application did not address the reduction in acreagge requirement for shopping center zoning from 10 acres to 5 acres. He said there has to be a new petition before anything could change. He added that there are two lots involved both of which are less than 5 acres, one being 4.2 acres and the other 1.0 acre. Thus, neither of those lots meet the required acreage requirement. He said there was no SEQRA analysis, no analysis of what the impact of the zone change would be or even on the impact on traffic. He said there should be a full SEQRA analysis. He warned that "once you change the master plan, once you change the zone, then all the businesses are going to come in and request a zone change and you're going to create a precedent." Planner Stolman explained that SEQRA was done. He added that traffic patterns were looked into and concluded that no additional traffic will be generated by the change of zone. He added that this is a direct action of the town board. Attorney Roberts added that the parcels would have to be consolidated before anything could happen and that would happen at the Planning Board. Town of Wappinger Page 3 Printed 611412017 Regular Meeting Minutes June 12, 2017 RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Resolution Introducing Proposed Amendment To Town Comprehensive Plan In Connection w/ DeGarmo Plaza Clifford Davis re -iterated his position on this at the prior Public Hearing on Local Law Number 5 of 2017. RESULT: CLOSED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VII. Public Portion 1. Motion To: Open Public Portion Resident Lindstrom from Kent Road addressed highway easements and felt they were not mowed and complained about overgrown grass these highway easements. He also addressed the Emstar ambulances and the length of time they are left idling. Councilman Fenton suggested that the refrigerated vehicles need to be kept at temperatures that can accommodate the health drugs stored inside the emergency vehicles. He suggested powering from the buildings. John Paladoro from 24 Sherwood Heights addressed the board to complain about the condition of Maloney Road after the recent tornado that touched down in that area. He handed out pictures to the town board. Nothing was filed with the town clerk. A long discussion ensued regarding the alleged condition of the roads. He asked why the roads are not being maintained. Councilman Kuzmicz responded that he did go out to Maloney road and said that he did go out there and saw that the roads were clear; he did see that there were some trees on people's personal property which would be the responsibility of the owners of the property. He promised to go out and look at trees that were just left there. He added that under Federal emergency, monies can be provided to governments to take care of personal property such as with Hurricane Sandy and the events of September 11th; but, until that federal emergency declaration is granted, taxpayers cannot subsidize work needed to be done on other's private property. The discussion continued back and forth and ended. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Close Public Portion Town of Wappinger Page 4 Printed 611412017 Regular Meeting Minutes June 12, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Lori A. Jiava, Supervisor AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VIII. Discussions 1. Motion To: Approve Mission and Vision Statement June 12, 2017 MIISSIION STATEMENT The Tewin of Wappinger is cornrnitt d to managing the balance n between the collective visions of our iresidents, improving quality of Rife, preserving the Ihistorical Ib aluty of our town, and facilitating mart growth and iresponsible economic development. TIS Tewin will provide for and encourage a collaborative and courteous environment whereby the town government effectivelrvesour town residents through transparency and open go irnment principles. VISION STATEMENT The'Town of Wappinger will continue to Ibc irecognized as a proactive, innovative, and conscientious community. We will strive to enhance the quality of Rife for our residents through responsible planning while respecting our small Cowin (heritage. We will continlue to be committed to irespecting and preserving our irich Ihistory as we focus on our futuuir RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 5 Printed 611412017 Regular Meeting Minutes June 12, 2017 2. 0 4. Motion To: Set Escrow of $10,000 for Hackensack Heights Proposed Rezoning & Work with Professionals Zoning Administrator Roberti explained the proposal to remedy the abandoned gas station on 376 at the center of the New Hackensack hamlet. The proposal includes a rezone of an adjacent residential propertyfrom residential to commercial. Supervisor Jiava asked the board to set an escrow for l OK and to approve work with the town planner for the rezone from R40 to the GB commercial zonino. RESULT: ADOPTED [UNANIMOUS] MOVER: Lori A. Jiava, Supervisor SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Highway Emergencies The board felt that this was discussed in the public portion. Highway Maintenance of Town Roads, Easements and Grass No Further Discussion than what was covered under the public portion. 5. Motion To: Approve Upcoming Recreation Events The recreation group addressed the board to provide a staus of some upcoming events. Mr Cavaccini informed that a liability agreement will be provided by participants in the car show. The 30 cars accepted will fit comforatble in the non -wet part of Schlathaus Park. It was asked to donate the proceeds of the car show to displaced residents of the recent Village fire. Attorney Roberts asked for a letter outlining definitive statements of donations. Mr. Cavacinni informed that the town will not be collecting money. He added, an Independent body will collect and donate the funds. Attorney Roberts insisted on receiving a letter from the Recreation department. Buildings and Grounds superintendent Frazier has not done a site visit. Supervisor Jiava will accept Mr. Frazier's recomendation, the Attorney's approval, 2 backup rain dates, and a list of participants. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IX. Resolutions RESOLUTION: 2017-111 Authorizing A Portion Of The Emergency Services Building To Be Leased To Emstar WHEREAS, the Town Board entered into an Ambulance Service Agreement with Empire State Ambulance Corp. d/b/a EmStar on March 13, 2016 (hereinafter "EmStar"); and Town of Wappinger Page 6 Printed 611412017 Regular Meeting Minutes June 12, 2017 WHEREAS, the Agreement between the Town and EmStar was for the purposes of providing general ambulance services for all sick and/or injured persons found in the boundaries of Town of Wappinger Town -wide Ambulance District; and WHEREAS, pursuant to the Ambulance Service Agreement, EmStar is to secure a leased premise within the Town of Wappinger and use same as its base of operations for the performance of its duties; and WHEREAS, the Town of Wappinger owns a building known as the Emergency Services Building located at 16 Middlebush Road in the Town of Wappinger, a portion of which was occupied by TC Hudson Valley, Inc. d/b/a TransCare (hereinafter "TransCare"), the ambulance company that previously supplied ambulance services to the Town; and WHEREAS, the Town of Wappinger has agreed to lease a portion of the Emergency Services Building to EmStar in general accordance with the terms of the Draft Lease annexed hereto; and WHEREAS, it is the intention that the Lease Agreement will be co -terminus with the Ambulance Service Agreement between the Town and EmStar and will provide for an annual sum of $26,400, prorated from the commencement date, for the initial Lease term; all payments are to be made by EmStar in equal monthly installments payable on the lst day of each and every calendar month; and WHEREAS, the Lease Agreement is a transfer of the lease to EmStar, where there will be no material change in permit conditions or the scope of permitted activities for purposes of SEQRA Review; 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 determines that entry into the Lease Agreement is a Type II Action pursuant to 6 NYCRR §617.5(c)(26). 3. The Town Board hereby agrees to lease a portion of the Emergency Services Building formerly occupied by TransCare to EmStar and will provide for an annual sum of $26,400, prorated from the commencement date, for the initial Lease term; all payments are to be made by EmStar in equal monthly installments payable on the 1st day of each and every calendar month. 4. The Town Board and EmStar both understand and agree that the Lease Agreement and the Ambulance Service Agreement will be terminated and/or extended together and remain co -terminus with each other. 5. Supervisor Lori A. Jiava is hereby authorized to execute the Lease Agreement on behalf of the Town in substantially in the same form as annexed hereto. 6. This resolution is adopted subject to a Permissive Referendum in accordance with the provisions of Article 7 of the Town Law. 7. Within ten days after the adoption of this resolution, the Town Clerk, in the same manner as provided for notice of a special election, shall post and publish the attached notice which shall set forth the date of the adoption of the resolution and contain an abstract of such resolution concisely stating the purpose and effect thereof. This resolution shall not take effect until thirty days after its adoption; nor until approved by the affirmative vote of a majority of the qualified electors of such town or district affected, voting on such proposition, if within thirty days after its adoption there be filed with the town clerk a petition signed, and acknowledged or proved, or authenticated by electors of the town qualified to vote upon a proposition to raise and expend money, in number equal to at least five per centum of the total vote cast for governor in said town at the last general election held for the election of state officers, but which shall not be less than one hundred in a town of the first class Town of Wappinger Page 7 Printed 611412017 Regular Meeting Minutes June 12, 2017 nor less than twenty-five in a town of the second class, protesting against such act or resolution and requesting that it be submitted to the qualified electors of the town or district affected, for their approval or disapproval. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-111 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava VoterQ ...... ....... ❑ ........ . ❑ ... ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn Jo hn J. Fenton Voter Q❑ ❑ ❑ ., Michael Kuzmicz Mover Q 11 11 11 Dated: Wappingers Falls, New York June 12, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-112 Resolution Authorizing Return Of Building Application Fee WHEREAS, Lighthouse Solar submitted a Building Application in connection with Earth Angels Veterinary Hospital project located at 44 St. Nicholas Road; and WHEREAS, Sun Technologies paid One Hundred Dollars ($100.00) for the application fee; and WHEREAS, the project was taken off the Planning Board agenda and no work was done processing the application. 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 authorizes the return of the application fee to Sun Technologies, 4 Cheery Hill Road, New Paltz, New York 12561 in the amount of One Hundred Dollars ($100.00) submitted in connection with Earth Angels Veterinary Hospital project located at 44 St. Nicholas Road. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-112 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ..❑..... ❑ ❑ ..❑......., ❑ Defeated William H. Beale ...................Voter... ..... Q.........,.... ❑........,... ............ ... ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Seconder Q❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 12, 2017 Town of Wappinger Page 8 Printed 611412017 Regular Meeting Minutes June 12, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-113 Resolution Authorizing The Execution Of Lease Agreement With NYCOMCO For Radio Equipment For The Highway Department WHEREAS, the Town of Wappinger Highway Department requires radio equipment to facilitate efficient communication between Highway Department personnel and various Town administrative agencies to promptly address issues relating to the maintenance and safety of Town roadways and the traveling public, and local emergencies as they may arise; and WHEREAS, the Town of Wappinger Superintendent of Highways, Vincent Bettina, has recommended the renewal of a Lease Agreement with the New York Communications Co., Inc. (NYCOMCO) including service of said equipment at a lease rate of $1,924.00 per month for a 72 month lease term in accordance with a lease proposal prepared for the Town of Wappinger Highway Department, a copy of which is annexed hereto; and WHEREAS, the Highway Superintendent has noted that the Town of Wappinger Highway Department has had a positive experience with NYCOMCO, both for equipment and service, and has recommended entering into this Lease Agreement; and WHEREAS, this proposal complies with the Town's Procurement Policy. 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 determines that there is need for the lease of equipment for a wireless radio communication system as set forth in the attached proposal, at a lease rate of $1,924.00 per month for a 72 month lease term. 3. The Town Highway Superintendent determines that the lease terms and conditions set forth in the Lease Agreement are acceptable and consistent with the needs of the Town of Wappinger Highway Department and otherwise complies with the Procurement Policy of the Town of Wappinger; and the Town Board concurs with that determination. 4. The Town Board hereby accepts the terms and conditions as set forth in the Lease Agreement and hereby authorizes the Supervisor to execute the Lease Agreement in substantially the same form as annexed hereto. The Town Board directs that the amounts identified in the Lease Agreement approved herein shall be appropriated through budget lines DB 5110.401 and B2410.400 in the respective amounts of $1,860 and $64, respectively.. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-113 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended p ,,.Lori A. Jiava ..........................Voter ... Q ❑..... ❑.. ❑ ❑ Defeated WilliamH.Beale .....................Mover.... .......Q........,........❑..... ❑........,.......❑..... Q Tabled William Ciccarelli .................... Voter.... .......Q........,....... ❑........,........ ❑...... ❑ .... ❑ Withdrawn John J. Fenton .........................Seconder ........ Q................. 0 ........ ❑................ ❑..... Next: 6/26/17 7:30 PM .. ... .......................... Michael Kuzmicz .................... Voter ................ Q ................ ❑ ................ o ........ 0 Dated: Wappingers Falls, New York June 12, 2017 Town of Wappinger Page 9 Printed 611412017 Regular Meeting Minutes June 12, 2017 The Resolution is hereby duly declared Tabled. RESOLUTION: 2017-114 Resolution Accepting Deed Of Dedication For Road Frontage In Connection w/ 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, one of the conditions of subdivision approval required the applicant to dedicate road frontage along Marlorville Road; and WHEREAS, Obercreek L.P. transferred all of its right, title and interest to the subject subdivision to Obercreek Development, LLC; and WHEREAS, the attorney for the owner, Richard L Cantor, Esq., has certified title to the property being dedicated to the Town of Wappinger. 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 accepts the Deed of Dedication for the road frontage along Marlorville Road from Obercreek Development, LLC to the Town of Wappinger. 3. The Town Board directs the Town Supervisor to execute any documents necessary to record said documents in the Dutchess County Clerk's Office upon a determination that the aforesaid documents are delivered free and clear of any liens or encumbrances and are otherwise in compliance with the Town's Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town Code. Upon receipt of the recorded deed, the Town Clerk shall file the recorded deed in his office for future reference. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-114 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ...... ❑❑ ......... ❑ ❑ Defeated Willi am H. Beale Mover Q ❑ ❑ ❑ ❑ Tabled W William Ciccarelli Voter .. ............... Q ........ ......... ❑ ❑ ❑ ❑ Withdrawn john 7. Fenton Voter Q .................❑..... ❑❑ ,. ❑ MichaelKUZm1cZ Seconder Q ❑..............❑..... Dated: Wappingers Falls, New York June 12, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-115 Authorizing A Portion Of The Emergency Services Building To Be Leased To The NY State Police Town of Wappinger Page 10 Printed 611412017 Regular Meeting Minutes June 12, 2017 WHEREAS, the Town of Wappinger owns a building known as the Emergency Services Building located at 16 Middlebush Road in the Town of Wappinger; and WHEREAS, the Town of Wappinger entered into a lease agreement with the State of New York, Executive Department, on behalf of the New York State Police on or about June 1, 1994 to lease a portion of the Emergency Services Building; and WHEREAS, the leased premises was used for the official business of the Executive Department, Division of State Police, or by such other department, commission, board of officers of the State of New York, or by the Superintendent of State Police as provided by the State Finance Law; and WHEREAS, the New York State Police continues to occupy a portion of the Emergency Services Building and the original lease agreement has expired; and WHEREAS, the State of New York, Executive Department, on behalf of the New York State Police wishes to occupy an additional two garage bays located within the Emergency Services Building which were not covered under the terms of the original lease; and WHEREAS, the Town of Wappinger and the State of New York, Executive Department, on behalf of the New York State Police, have agreed to renew the lease in accordance with the terms of the Agreement of Lease annexed hereto; and WHEREAS, for purposes of SEQRA Review, the scope of the activities being performed on the leased premises will remain the same; 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 determines that entry into the Agreement of Lease is a Type II Action pursuant to 6 NYCRR §617.5(c)(26). 3. The Town Board hereby agrees to lease the portion of the Emergency Services Building currently occupied by the New York State Police and the additional two garage bays in general accordance with the terms of the Agreement of Lease annexed hereto. 4. Supervisor Lori A. Jiava is hereby authorized to execute the Agreement of Lease on behalf of the Town in substantially in the same form as annexed hereto. 5. The Supervisor, the Attorney to the Town, Comptroller and any other Town Officers are authorized to execute any other documents that are necessary to effectuate this Lease. 6. The fully executed Lease Agreement shall be provided to the Town Clerk upon its receipt for filing in the records of the Town of Wappinger and a copy of the Lease Agreement shall be forwarded to the Attorney to the Town. A copy of the fully executed Lease Agreement shall be provided to the Town Comptroller so that he may collect the rents due on behalf of the Town. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-115 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ..... ❑ ❑ ❑ Defeated William H. Beale ................. ...Seconder ._.. ...... Q .......,...... ❑ ❑........,....... ❑ ....., ❑ Tabled William ................. Voter .....,....... El .... ❑ ......,...... ❑ .... ❑ ... ❑ Withdrawn FentoCiccarelli John J. n Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York Town of Wappinger Page 11 Printed 611412017 Regular Meeting Minutes June 12, 2017 June 12, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-116 Resolution Authorizing Litigation To Enjoin Violations At 1318 Route 9 WHEREAS, a certain parcel of land with an address of 1318 Route 9 in the Town of Wappinger, County of Dutchess, State of New York, and further identified by tax map parcel number 6157-02-619532, is currently owned by the Joseph A. Eulie Trust; and WHEREAS, the tenant of the property, Five Star Automotive of NY LLC, is operating the premises in a manner that is not consistent with the approved site plan for the property in that vehicles are being parked on grass and other unapproved parking areas; and WHEREAS, notices of violations, orders to remedy and appearance tickets regarding the Zoning Violations have been served upon the tenant of the property but the violations have continued unabated; and WHEREAS, the Town of Wappinger Justice Court is without jurisdiction to issue an injunction to cure said violations so it is necessary to commence legal proceedings in the Supreme Court, Dutchess County, New York, to seek equitable relief to enjoin the above - referenced continuing violations. 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. For the reasons discussed in executive session this evening, the Town Board hereby authorizes the Attorney to the Town, Albert P. Roberts, and any member of his firm, Stenger, Roberts, Davis & Diamond, LLP, to bring appropriate legal proceedings in Supreme Court, Dutchess County, New York against the owner, tenants or occupants of 1318 Route 9 to enjoin the continuing violations of the Town of Wappinger Zoning Code, the Town of Wappinger Property Maintenance Code, the New York State Uniform Code and any other applicable violations of the Town of Wappinger Code 3. Supervisor Lori A. Jiava and the Attorney to the Town are hereby authorized to execute on behalf of the Town of Wappinger any documents necessary for the commencement of such legal proceedings. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-116 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William Fl. Beale ... Seconder ................... .............................................. Q ❑ .... ❑ ...................................... ❑ ❑ Tabled William Ciccarelli ..................... Mover.. ..... Q ......,...... ❑ ... ❑ ......,..... ❑ ... ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ ... .. Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 12, 2017 Town of Wappinger Page 12 Printed 611412017 Regular Meeting Minutes June 12, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-117 Resolution Authorizing Litigation To Correct Violations At 12 Blackthorn Loop WHEREAS, a certain parcel of property with an address of 12 Blackthorn Loop in the Town of Wappinger, County of Dutchess, State of New York, and further identified by tax map parcel number 6258-03-085058, is currently owned by Irving A. Jacobson and Nilda L Jacobson, and WHEREAS, multiple unregister motor vehicles, lawn mowers and inoperative equipment are being store on the premises in a matter that is harmful to the health, safety and welfare of the residents of the Town of Wappinger and in violation of the Town of Wappinger Zoning Code, the Town of Wappinger Property Maintenance Code and the New York State Uniform Code; and WHEREAS, notices of violations, orders to remedy and appearance tickets regarding the Zoning Violations have been served upon the tenant of the property but the violations have continued unabated; and WHEREAS, the Town of Wappinger Justice Court is without jurisdiction to issue an injunction to cure said violations so it is necessary to commence legal proceedings in the Supreme Court, Dutchess County, New York, to seek equitable relief to enjoin the above - referenced continuing violations. 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.A 2. For the reasons discussed in executive session this evening, the Town Board hereby authorizes the Attorney to the Town, Albert P. Roberts, and any member of his firm, Stenger, Roberts, Davis & Diamond, LLP, to bring appropriate legal proceedings in Supreme Court, Dutchess County, New York against the owner, tenants or occupants of 12 Blackthorn Loop to enjoin the continuing violations of the Town of Wappinger Zoning Code, the Town of Wappinger Property Maintenance Code, the New York State Uniform Code and any other applicable violations of the Town of Wappinger Code 3. Supervisor Lori A. Jiava and the Attorney to the Town are hereby authorized to execute on behalf of the Town of Wappinger any documents necessary for the commencement of such legal proceedings. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-117 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ..❑.... ❑ ❑ ❑ Defeated William H. Beale ...................Voter.. .. ....... .... Q........,.... ....... ....... ....... ......... ❑........,...... ....... ..... ❑ ... ...... .. ❑Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Seconder Q o 0 0 .. Michael Kuzmicz Mover Q 11 ❑ ❑ Dated: Wappingers Falls, New York Town of Wappinger Page 13 Printed 611412017 Regular Meeting Minutes June 12, 2017 June 12, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-118 Resolution Adopting "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, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "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"; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal, official newspapers of the Town of Wappinger; and WHEREAS, the Public Hearing was held on June 12, 2017, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. 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 of the Town of Wappinger hereby adopts Local Law No.4 of the Year 2017 in the form annexed hereto. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The Town Superintendent of Highways is hereby authorized to install the no parking signs at the appropriate locations in accordance with this Local Law and to take any other necessary actions to implement the above mentioned no parking areas as required in accordance with the spirit and intent of this Local Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-118 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter ...... Q ....... ❑❑ ........ . ❑ ❑ Defeated William H. Beale .. Seconder ................. Q ....... ...... ❑ ....... ❑ ....... ... ❑ ...... .. ❑Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q❑ ❑ ❑ .. Michael Kuzmicz Voter Q 11 ❑ ❑ Town of Wappinger Page 14 Printed 611412017 Regular Meeting Minutes June 12, 2017 Dated: Wappingers Falls, New York June 12, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-119 Resolution Authorizing Shared Services Agreement Between NYSDOT And The Town Of Wappinger WHEREAS, the New York State Department of Transportation "NYSDOT" is authorized to contract with the Town of Wappinger to provide snow and ice control pursuant to Highway Law § 55 and General Municipal Law § 99-r; and WHEREAS, NYSDOT has prepared and submitted a form agreement for snow and ice control services that do not exceed $10,000 so that when a snow emergency should arise a contract to supply services is already in place; and WHEREAS, the term of the agreement is one year which may be extended; and WHEREAS, the shared services agreement is reciprocal so that the Town may call on the services of the NYSDOT and vice versa; and WHEREAS, compensation under the agreement may be in funds, services, supplies or equipment; and WHEREAS, the advanced execution of the instant Shared Services Agreement provides the Town with knowledge of the conditions of the transfer before an emergency should occur and it is in the best interest of the Town; and WHEREAS, the Town Superintendent of Highways recommends that this Shared Services Agreement be executed; 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 on behalf of the Town of Wappinger approves the annexed Shared Services Agreement Between NYSDOT and authorizes the Town of Wappinger. Superintendent of Highways to sign said agreement on behalf of the Town of Wappinger. The fully executed Shared Services Agreement shall be filed in the records of the Town Clerk and copies shall be provided to the Superintendent of Highways, the Supervisor, the Town Comptroller and the Attorney to the Town. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-119 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ..❑.... ❑ ❑ ❑ Defeated William H. Beale ...................Voter.. .. ....... .... Q........,.... ....... ....... ....... ......... ❑........,...... ....... ..... ❑ ... ...... .. ❑Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Seconder Q o 0 0 .. Michael Kuzmicz Mover Q 11 ❑ ❑ Dated: Wappingers Falls, New York June 12, 2017 Town of Wappinger Page 15 Printed 611412017 Regular Meeting Minutes June 12, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-120 Resolution Adopting 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, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "Local Law No. 3 of the Year 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"; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on June 12, 2017 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board hereby adopts a Negative Declaration of Significance in connection with the amendments to the Town Code adopted herein; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. 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 has taken a hard look at the environmental effects related to the Adoption of this Local Law and has determined that it will not result in a significant adverse effect therefore a Negative Declaration is adopted. The Town Clerk is directed to file the required notice with the NYS DEC pursuant to the SEQR regulations. 3. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled, ""Local Law No. 3 of the Year 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", a copy of which is attached hereto and made a part of this Resolution. 4. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-120 Q Adopted Yes/Aye No/Nay Abstain Absent Town of Wappinger Page 16 Printed 611412017 Regular Meeting Minutes June 12, 2017 ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated .................................................................. William H. Beale Voter Q ......................................................... ❑ ❑ ❑ ❑ TabledWilliam Ciccarelli ....................Mover... ,.........Q ...... ❑........,........❑ ...... ❑ .... ❑ Withdrawn John J. Fenton ........................ Voter ....,.........Q ...... ❑........,........❑ ...... ❑ .... Michael Kuzmicz Seconder Q ❑ o 0 Dated: Wappingers Falls, New York June 12, 2017 The Resolution is hereby duly declared Adopted. 11. Motion To: Two Seasonal Positions for Buildings and Grounds Steve Frazier requesed the need to fill two seasonal positions. He said, "They are budget lines on the budget, the pay rate is $12 per hour. Two candidates, one is Brent Lingardo, second is Manuel Boccini and I would like to approved to be on the...." An email was sent to the town board. No document were given to the town clerk regarding budget lines or pay rates. RESULT: ADOPTED [UNANIMOUS] MOVER: Lori A. Jiava, Supervisor SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz X. Items for Special Consideration/New Business Councilman Fenton asked to have the open planning board seat filled and put on the June 26th, 2017 Town Board Meeting. Councilman Ciccarelli asked for a report of town's GPS systems and report to justify the continued use of them. 1. Motion To: Waive Water/Sewer Fee Town of Wappinger Page 17 Printed 611412017 Regular Meeting Minutes June 12, 2017 TownBoard', f Wappingers er Falls Attn: Supervisor. 20 l' idd;lebush Road Wappingers Dallis, NY 11125901 RE A ., 003386 ServiceAddress,*Deer Ruin 116 TO Wh0rn This Ms Concern, 1, Carry Garcia, aim writing to the board to ask for a w alve on the late penalty fee. we are rnew to the town of Wappingers 'Falls andi are aware that we, aresupposed to get a; bill for the ' ater/Se er. But we did not receive any invoice in the snail, i called the, Town Clerk to see why we havein't receive aro invoice, brat she, confirmed that our in'forma'tion is correct inn the system. Wu a just never received the, (bill. Say, I ask if you; co dd please waive the ,penalty fee this one time. Thank you fir assisting me in this imatter. Sincerely, Carryrcia D E ( :0, [ E I � W E JUN '13 201 Town of Wappinger Page 18 Printed 611412017 Regular Meeting Minutes June 12, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Lori A. Jiava, Supervisor SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz XI. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:32 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 19 Printed 611412017 Packet Pg. 20 i t ajT CQ 0 r 0 r 0 T 0 T 0 r 0 T 0 T 0 T 0 T 0 T 0 O N N N N N N N N N N N N N N N N N N N N N r T T T T r r r rN T r C O O CO O CO (O O Cfl CO Cfl C9 Q N CO r m 3 N Q O J U CU O O .Cl - Q Q cn E Q I` r - U r r N ti O L a Cu ` NN T ai CQ(� m � aa) CM o ma �_ Co T O X � .C_ Q' C �, C Q O O > C Cu Q— m J o'n O C •= O � - o a) O Q CZ a) w 0- a) w .c..: CR Q N O C (ll a) O i CO Q C '� U U Q N U U C Cn 0-0 N S C M ® N O O '� C C p \ c Z Z Cu ac) >JJ>oCOQQ�� ®r. ti ti ti ti titi ti ti� ti qt Cir O O r O r O r O r O r O r O r O r O r O r O i N \ N \ N \ N \ N \ N \ N \ N \ N \ N \ N \ O O M CO LO T r CO CN C.0 N Co LO CO LO C\O QL() Liz Lf) Lo m LCA 1 O r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 ®8 N N N N N N N N N N N m O O CO M i r LO r r CO Ln r T N Ch N\\\\ CO CO CO CO V L') L> L j L') L O m O q� Mn T! m T) ® U- LL CL CoO = a)O C L IL a) O C Q C E (0 O L O C aC CLS (6 C O Y Y �. CL > m iq C = O O O C C O �- �> c ® U m a) 05 .- > o m Cm O cn ` I--< c �? CM m CM CQ m C. U .� U) CU i Co4) O—= F->>YU a) O O a) a) mU=J m a) a) C) > H ciY o m "O -2 2 Q L "O 2 "a "6 -2-2 O O O n- to O O O O O O mm ?mmmmmm C C C a] Q O O O O O 0 0 0 0 0 lC^ VJ f L 0 r N M"zl- LC) CO I- CO M O T M O O O O O O O O O r T E 0 0 0 0 0 0 0 0 0 0 0 m Z N T N T N T N T N — N T N T N N r N T N T CO 0 O O CO CO 0 . O C9 O O 0 0 0 0 0 0 0 0 0 0 0 Packet Pg. 20 i t 06-12-2017 - 001 aV/4 lob //;i- Abstract of Claim and Warrant for Payment of Claim Audited by Town Comptroller - W 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-W Vendor A (General Town wide) B (General Part Town) DB (Highway Fund T92 (Planning & Zoning Escrows Brian Long 3,430.00 Camo 25.00 Camo 25.00 Camo 25.00 Home Depot 7.09 Home Depot 205.83 Home Depot 47.73 Home Depot 368.00 Home Depot 36.81 Home Depot 674.09 Home Depot 65.43 Home Depot 41.07 MVP H/I Premium 18,789.09 3,807.85 18,205.42 MVP Gold H/I Premium 3,289.50 RBT CPA's 2,540.00 James Baisley 1,020.00 Thomson West Law 244.00 Office of State Comptr 255.00 Frederick Clark Assoc 6,706.50 Frederick Clark Assoc Packet Pg. 21 $114,967.78 Vendor I Town Board Brian Long 3,430.00 Camo 25.01 1,282.60 Celia Sigalow Camo 25.01 Home Depot 7.05 Transla 140.00 Home Depot 47.7; Home Depot Justice Court Fund 32,367.50 36.8' Home Depot 674.05 Custom Security Sys 2,184.00 Home Depot 41.0 Wells Fargo 327.56 Wells Fargo 544.85 Chase Visa Card 149.89 Chase Visa Card 100.00 Chase Visa Card 158.91 Chase Visa Card 91.80 Eye Med Insurance 372.82 174.78 Rancourt & Sons 17,000.00 Hannaford 14.66 Haight Fire Extinguish 250.00 Totals $83,770.63 $3,982.63 $19,225.42 $7,989.10 $114,967.78 Vendor I Town Board Brian Long 3,430.00 Camo 25.01 Camo 25.01 Camo 25.01 Home Depot 7.05 Home Depot 205.8: Home Depot 47.7; Home Depot 368.0( Home Depot 36.8' Home Depot 674.05 Home Depot 65.4: Home Depot 41.0 MVP H/I Premium I 40,802.36 5.1.a Packet Pg. 22 MVP Gold H/I Premium RBT CPA's James Baisley Thomson West Law Office of State Comptr Frederick Clark Assoc Frederick Clark Assoc Celia Sigalow Transla Justice Court Fund 3,289.50 2,540.00 1,020.00 244.00 255.00 6,706.50 140.00 32,367.50 1,282.60 5.1.a Custom Security Sys 2,184.00 B (General (General Wells Fargo 327.56 Town Wells Fargo 544.85 AM Vendor Chase Visa Card 149.89 Fund Ambulance Chase Visa Card 100.00 Central Hudston 109.47 Chase Visa Card 158.91 Central Hudston 55.33 Chase Visa Card 91.80 Central Hudston Eye Med Insurance 547.60 e Rancourt & Sons 17,000.00 cm Hannaford 14.66 U' Haight Fire Ui Extinguish 250.00 '-" Totals $113,685.18 1$1,282.60 e $114,967.78 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, 43 New York (the "Town"): Claim Packet: 2017-X Packet Pg. 23 A B (General (General DB Town Part (Highway AM Vendor wide) Town) Fund Ambulance Central Hudston 1,200.00 Central Hudston 109.47 Central Hudston 55.33 Central Hudston Packet Pg. 23 35.08 Central Hudston 61.28 Central Hudston 39.79 Central Hudston 361.67 Central Hudston 175.22 Central Hudston 3,709.71 Home Depot 92.54 Home Depot 165.93 TOW Little League 6,000.00 TOW Little League 1,018.84 Milton Alley Graham Foster Reimb 96.75 Baright Car Wash 3.50 45.50 Davies Hardware 107.95 CSEA Optical/Dental Don Seifts H/I Reimburs 88.11 Dutchess Metal 103.00 DC Truck Parts Advanced Auto Parts 8.26 Staples 7.28 Staples 15.69 Staples 6.45 Staples 98.89 Staples 189.99 Vignogna Garage EmStar Ambulance Cintas 198.65 Comm of Finance 515.17 Irene Hughes Reimburse Optimum Cablevision 142.42 Chase Visa Card 60.20 Chase Visa Card 57.20 DC SPCA 280.00 WB Mason 354.90 Allstate Supple Ins. Magna Phone Sys 837.85 39.84 Morris Assoc Morris Assoc 291.00 3,539.47 52.00 33,575.00 5.1.a Packet Pg. 24 t Morris Assoc Morris Assoc Morris Assoc Amazon Amazon Amazon Amazon Amazon Amazon Sarjo Ind Merrill Office Products Herrina Sanitation Totals 13,331.64 49,595.66 291.77 1 1,617.51 3,234.95 410.64 141.00 14.97 1 14.71 299.90 375.00 $80,082.88 $1,831.16 $8.364.51 Vendor SU (United Wapp Sewer) SM (Midpoint Sewer) SW (Wildwood Sewer HMR (Water Meter Replacement) Central Hudston Central Hudston Central Hudston Central Hudston Central Hudston Central Hudston Central Hudston Central Hudston Central Hudston Home Depot Home Depot TOW Little League TOW Little League Milton Alley Graham Foster Reimb Baright Car Wash Davies Hardware CSEA Optical/Dental Don Seifts H/I Reimburs Dutchess Metal DC Truck Parts Advanced Auto Parts Staples 5.1.a Packet Pg. 25 Staples Staples Staples Staples Vignogna Garage EmStar Ambulance Cintas Comm of Finance Irene Hughes Reimburse Optimum Cablevision Chase Visa Card Chase Visa Card DC SPCA WB Mason Allstate Supple Ins. Magna Phone Sys Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Amazon Amazon Amazon Amazon 2,377.44 5,466.00 15,132.93 576.00 Amazon Amazon Sarjo Ind Merrill Office Products Herring Sanitation Totals $2,377.44 $5,466.00 $15,132.93 $576.00 5.1.a Packet Pg. 26 HWF T92 WU WT (Filtration (Planning (Wapp (Tall of Atlas & & Zoning United Trees Vendor Hilltop) Escrows) Water Water Central Hudston Central Hudston Central Hudston Central Hudston Central Hudston Central Hudston 5.1.a Packet Pg. 26 Central Hudston Central Hudston Central Hudston Home Depot Home Depot TOW Little League TOW Little League Milton Alley Graham Foster Reimb Baright Car Wash Davies Hardware CSEA Optical/Dental Don Seifts H/I Reimburs Dutchess Metal DC Truck Parts Advanced Auto Parts Staples Staples Staples Staples Staples Vignogna Garage EmStar Ambulance Cintas Comm of Finance Irene Hughes Reimburse Optimum Cablevision Chase Visa Card Chase Visa Card DC SPCA WB Mason Allstate Supple Ins. Magna Phone Sys Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Amazon Amazon Amazon Amazon Amazon Amazon 14,190.60 4,749.50 3,951.50 223.50 193.40 133.00 1,829.96 432.50 5.1.a Packet Pg. 27 Sarjo Ind Merrill Office Products Herring Sanitation Totals Vendor Central Hudston Central Hudston Central Hudston Central Hudston Central Hudston Central Hudston Central Hudston Central Hudston Central Hudston Home Depot Home Depot TOW Little League TOW Little League Milton Alley Graham Foster Reimb Baright Car Wash Davies Hardware CSEA Optical/Dental Don Seifts H/I Reimburs Dutchess Metal DC Truck Parts Advanced Auto Parts Staples Staples Staples Staples Staples Vignogna Garage EmStar Ambulance Cintas Comm of Finance Irene Hughes Reimburse Optimum Cablevision 190.60 1 $8,924.50 1 $2,156.36 1 $432.50 T14 [state) Town Board 1,200.0 109.4' 55.3; 35.01 61.21 39.7! 361.6 175.2, 3,709.7- 92.5, 165.9; 6,000.0( 1, 018.8, 291.0( 96.T 49.0( 107.9: 3,539.4- 88.11 103.0( 680.41 8.2( 7.21 15.65 6.4 98.85 189.95 52.0( 33,575.00 198.6; 515.1' 193.4( 142.4, 5.1.a Packet Pg. 28 t Chase Visa Card Chase Visa Card DC SPCA WB Mason Allstate Supple Ins. 848.68 Magna Phone Sys Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Amazon Amazon Amazon Amazon Amazon Amazon Sarjo Ind Merrill Office Products Herring Sanitation Totals $848.68 60.20 57.20 280.00 354.90 848.68 877.69 14,766.60 133.00 42,273.93 59,445.66 223.50 80.46 24.93 410.64 141.00 291.77 14.97 14.71 299.90 375.00 $173,735.06 $223.50 $173,958.56 $173,958.56 5.1.a Packet Pg. 29 LEGAL NOTICE Please take notice that the Planning Board of the Village of Wappingers Falls will hold a public hearing on the request of John Kihlmire, 6 Tompkins Avenue, Beacon, NY seeking a Special Use Permit to be able to use 2656 East Main Street as a Tavern which will serve local craft beer and wine. Property is located in a Village Commercial zone and is identified on the tax map as: 6158-14-316272-0000. Said hearing will be held on Thursday, June 1, 2017, 7:00 p.m., American Legion Hall, 7 Spring Street at which time all interested persons are given the opportunity to attend and be heard. BY: Thomas Morris, Chairman_ Planning Board DATED: May 9, 2017 Village of Wappingers Falls MAY 19 2017 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 30 =a LEGAL NOTICE /. a - dam Please take notice that the Zoning Board of Appeals will hold a public hearing on the request of Tracy Diehl representing 93 NYRPT LLC regarding signage for a proposed Skechers Retail 'Outlet to be located at 1701 Route 9. The wall sign does not conform to the Zoning Code. According to Section 151-25(J) of the Zoning Code you are only allowed 1 sq. ft. of sign per linear foot of building face up to a maximum of 80 sq. & per tenant sign. You have 55 ft. of frontage — therefore allowing you a maximum sign of 55 sq. ft. — and you are requesting a sign that is 139.87 sq. ft. — therefore an 84.87 sq. fl. area variance is needed. This property is located in a CMU(1) district as site exceeds 125,000 sq. fl. and is not included in the Historic Overlay District. It is identified on the tax map as: 6158-10-497508-0000. Said hearing will be held on Tuesday, June 6, 2017, 7:30 p.m., American Legion Hall, 7 Spring Street at which time all interested persons will be given an opportunity to be heard_ Signed: Alien Firstenberg, Chairman Zoning Board of Appeals Dated: May 16, 2017 Village of Wappingers Falls No.: 2017-003 MAY 19 2017 -SOWN OF WAP INGER -'OWN CE Packet Pg. 31 E 5.1.a MAY 19-2017 TOWN OF WAPPINGER TOWN 9 Packet Pg. 32 04N LLJ O 04 aj e U � e ED 04 L U MAY 19-2017 TOWN OF WAPPINGER TOWN 9 Packet Pg. 32 KEANETMEANERC. ATTORNEYS AT LAW May 19, 2017 suPeRv15OR OFfIGE. Joseph P. Paoloni Bea Ogunti Town Clerk Planning Board Secretary 20 Middlebush Rd. 20 Middlebush Rd. Wappingers Falls, NY 12590 Wappingers Falls, NY 12590 Re: FOIL Request Concerning DeGarmo Plaza Dear Mr. Paoloni and Ms Ogunti: 5.1.a / a - j in Office 445,Hamilton Avenue White PIains, NY 10601 Phone 914.946.4777 Fax 914.946.6868 Mid -Hudson Office 200 Westage Business Center Fishkill, NY 12524 Phone 845.896.0120 . . t 0 0 I am writing to withdraw any outstanding FOIL requests for documents related to DeGarmo Plaza, parcel 759569, and the Jusomi Holdings, LLC zone change application. I am no longer interested in this matter and require no further document, �7 production in response to said FOILS. err e 4 Very truly yours, s rvw� AVY� Drew Victoria Gamils DVG/ ecc: Lori A. Jiava Town Supervisor W, Fno�E�E� " E0 MAY 2 3 2017 TOWN OF WAPPINOER TOWN CLERK. WWW.KBL Packet Pg.23j Joe Paoloni From: studegary@aol.com Sent: Wednesday, May 24, 2017 10:28 PM To: Lori A. Jiava Subject: Proposed Local Law No. 3 (Vehicle Restoration) Lori Jiava, Town of Wappinger Supervisor - I would like to reiterate my opinions and comments relative to the proposed local law no. 3 dealing with antique vehicle restoration. I will preface by stating that I am a supporter of Castle Cadillac. However, I believe the law should be general for the town and not be tailored specifically to one business, Castle Cadillac. 0 1) The cut off age for antique vehicles should be 25 years, not 40 years. Twenty-five is used by the NYS DMV, all insurance companies and the AACA in their definition of antique vehicles. In the future there may be businesses in the town that want to restore vehicles between 25 and 40 years old, such 1. as; Buick Grand Nationals, Avantis, '79-'85 Cadillac Eldorados, newer than 40 year old Corvettes. I could see where a business such as this could be located on Route 9D or even Route 9. 0 2) "Car" in the proposed law should be changed to "motor vehicle". There has been a large uptick in the interest in collector pickups. This can be seen on eBay and in major antique vehicle auction venues. For me, two of my last three collector vehicles were pickup trucks (all well over 50 years old). coe 3) The maximum number allowed to be sold in a year should be changed from 7" to "5". Five is the cut off that New York State imposes. Only registered new and/or used car dealers are permitted to sell more than five vehicles in a year. 4) 1 see no reason for a requirement of a minimum of six acres for such a business. For many years there was an auto restoration business right on Main Street in Cold Spring, NY that was entirely in one building, an ex -Ford dealership building. These are my comments as they come to me tonight after a quick read of the proposed law earlier this week. Please forward my input (above) to the entire Town Board, the Town Clerk, the Zoning Office and the Town Attorney. Thank you. I hope to make the public hearing, but I am not sure, so the above can be part of the record. Gary Lindstrom 52 Kent Road �cEly 2 5 2017 Packet Pg. 34 rev 1/22/16 OFFICE USE ONLY 10 Original O Amended Date aoi__�1o61 HEwvoaK State Liquor Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a srnre ov °P"Dara".r" Authority Local Municipality or Community Board (Page 1 of 2 ) 1. Date Notice Was Sent: 5-31-17 1a. Delivered by: Personal Delivery with Proof of Receipt 2. Select the type of Application that will be filed with the Authority for an On -Premises Alcoholic Beverage License ❑ New Application ❑X 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: Town of Wappingers, County of Dutchess Applicant/Licensee Information 4. License Serial Number, if Applicable: 2172364 Expiration Date, if Applicable: 7-31-2017 5. Applicant or Licensee Name: Dolce Von Inc 6. Trade Name (if any): to Table Bistro 7. Street Address of Establishment: 11083 Route 9 Suite 1 8. City, Town or Village: Fishkill ,NY Zip Code :12524 9. Business Telephone Number of Applicant/Licensee: 845-297-1111 10. Business Fax Number of Applicant/Licensee: 845-297-2845 11. Business E-mail of Applicant/Licensee: 12. Type(s) of Alcohol sold .or to be sold: ine@ftbistro.com ❑ Beer & Cider ❑ Wine, Beer & Cider ❑X Liquor, Wine, Beer & Cider 13. Extent of Food Service: R Full 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: 1Full Service Restaurant serving beer, wine, liqour 15. Method of Operation: ❑ Seasonal Establishment ❑ Juke Box ❑ Disc Jockey X❑ Recorded Music ❑ Karaoke (Check all that apply) 0 Live Music (Give details: i.e, rock bands, acoustic, jazz, etc.): Jazz Fridays/Saturdays seasonally ❑ Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑ Topless Entertainment ❑ Video/Arcade Games ❑ Third Party Promoters ❑ Security Personnel Other (specify): 16. Licensed Outdoor Area: ❑ None g Patio or Deck ❑ Rooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure (Check all that apply) ❑ Sidewalk Cafe ❑ Other (specify): MAY 31 2017 TOWN OF WAPPINGER �Pnn$t Form TOWN CLERK Packet Pg. 35 t 5.1.a rev 1/22/16 OFFICE USE ONLY O Original O Amended Date r��wYoaK State Liquor Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a STATEaf n. Authority Local Municipality or, Community Board orroaruwi (Page 2 of 2) 17 List the floor(s) of the building that the establishment is located on: Ground Floor 18. List the room number(s) the establishment is located in within the N/A building, if appropriate: 19. Is the premises located within 500 feet of three or more on -premises liquor establishments? oYes No 20. Will the license holder or a manager be physically present within the establishment during all hours of operation? Yes O No 21. If this is a transfer application (an existing licensed business is being purchased) provide the name and serial number of the licensee. N/A 0 22. Does the applicant or licensee own the building in which the establishment is located? Q Yes (If Yes SKIP 23-26) No Owner of the Building in Which the Licensed Establishment is LocatedCL s� 23. Building Owner's Full Name: K 8i J Partners 24. Building Owner's Street Address: 1083 route 9 25. City, Town or Village: Fishkill State: NY Zip Code :12524 26. Business Telephone Number of Building Owner: 914-474-3722 1 C14 coe LLJ 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 e 27. Representative/Attorney's Full Name: N/A 28. Street Address: 29. City, Town or Village: State: Zip Code 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: Signature: X �LJI� Packet Pg. 36 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 WWW.TOWNOFWAPPINGER.US (845)297 -4158 -Main (845)297 -0720 -Direct (845)592 -7433 -Fax TOWN OF WAPPINGER Recreation Department 5.1.a cAW-4 -106//2 - 00--�- RECREATION DIRECTOR Jessica Fulton RECREATION COMMITTEE CHAIR Ralph Holt RECREATION SECRETARY Donna Lenhart MEMO TO: LORI JIAVA, TOWN SUPERVISOR WILLIAM BE, ALE, COUNCILMEMBER WILLIAM CICCARELLI, COUNCILMEMBER JOHN FENTON, COUNCILMEMBER MICHAEL KUZMICZ, COUNCILMEMBER AL ROBERTS, TOWN ATTORNEY STEVE FRAZIER, SUPERVISOR OF BUILDINGS AND GROUNDS RALPH HOLT, RECREATION COMMITTEE CHAIR FROM: JESSICA FULTON, RECREATION DIRECTOR FO—)� F -F' 11 DATE: 5/25/17 J!N 01 2017 SUBJECT: Playground Inspector TOWN OF WAPPINGER TOWN CLERK The recreation department has been on a search for a certified playground inspector for some time now. For a time, Supervisor Jiava was working to negotiate a shared services agreement between the Wappingers Central School district and the Town to use the school district's playground inspector. After a lengdiy process, and consultation with the school district's and the Town's labor attorneys the school district declined on the basis that it was not in the school district's best interest. After an agreement wide the school district was not reached, I contacted John Parisella, the school district's inspector, and discussed him coming on board with the Town as a private individual. He and I bad discussed this in the past and he had shown interest. When I contacted him the second time, he said that he was interested in the position. However, there had been a lapse in his certification and he would be working to become recertified. Mr. Parisella and I have kept in contact dirough that process and lie has notified me that he has a certification test date of June 16"'. The results of that test are given to him that day. I informed Mr. Parisella that I would get die ball rolling with die luring process however it would not become official until we received proof of lim passing his recertification test. As die inspector would be being hired mid -year for 2017, we would start with a full inspection of all equipment followed by a report to die Buildings and Grounds department. Going forward from dis outdoor season, die inspector would do an annual inspection and status report in December of all Town play equipment. This would leave time to coordinate repairs widh die Grounds Department far in advance of the outdoor season. Then, die inspector would do an "opening" inspection of die playgrounds when die weather warns up and people begin spending times outdoors to inspect any repairs/improvements dhat had been done at lis suggestion. Through die Spring and 1 Packet Pg. 37 Summer, short spot checks would be done on a rotating basis or as needed if concerns arise. Fewer inspections would be needed at Martz Field, as this playground is inspected 4 times between June and August by the Board of Health inspector for summer camp. Therefore, I would like to recommend Mr. Jolin Parisella to the Town Board as our new certified playground inspector. This appointinent would be best made a soon as possible. Hopefully, we could handle this at the Town Board meeting on June 12''. He is well -versed in playground inspection criteria and also has a good understanding of liability issues involved with running a playground. He has been an inspector for the school district for several years and in fact worked with our previous playground inspector, who is retired from the school district. I recommend a rate for this position of $35 per hour. This is a match of the rate paid to our last inspector who has not been employed with us in about five years. That rate would allow for 35 hours of work through flus season and would stay with in the $1250 budget allocated by the town. Jessica Fulton Recreation Director 5.1.a 2 Packet Pg. 38 7-A 5.1.a C90r,=-l0b //a -o Beatrice Ogunti From: Beatrice Ogunti Sent: Thursday, June 01, 2017 5:54 PM To: Lori A. Jiava; William Beale; William Ciccarelli; John J. Fenton; Michael Kuzmicz; 'Joe Paoloni (JPao loni@townofwappinger.us)' Cc: 'Grace Robinson (GRobinson@townofwappinger.us)'; Inez Maldonado Subject: Monthly Report - Planning/Zoning Board - March, April, May 2017 Attachments: Planning Board ZBA Monthly Report 3-17.docx; Planning Board ZBA Monthly Report 4-17.docx; Planning Board ZBA Monthly Report 5-17.docx Hi Folks, attached hereto are the March, April and May monthly reports for the Planning/Zoning Department for your information and appropriate action. Many thanksl l Zoning / Planning Board Secretary & Equal Opportunity Officer 20 Middlebush Road Wappingers Falls, NY 12590 (845) 297-6256, Ext. 122 Fax (845) 297-0579 bogunti@townofwappinger.us "If you think education is expensive, wait until you see what ignorance costs ... BARACK OBAMA" "A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty" Ro, CCC�WE10 JUN 0 2 2017 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 39 7-A Planning Board & Zoning Board of Appeals Bea Ogunti MONTHLY REPORT DATE: May 31, 2017 FOR THE MONTH OF March 2017 Month Total Year-to-date ZONING BOARD FEES COLLECTED Zoning Board Variance Applications $ 250.00 $12,675.00 Zoning Board Use Applications $ -0- $ -0- Foils $ -0- $ -0- ZBA TOTAL: $ 250.00 $12,675.00 PLANNINB BOARD FEES COLLECTED Planning Board Subdivision Applications $ -0- $ 5,750.00 Planning Board Site Plans Applications $ 1,500.00 $55,508.50 Planning Special Use Permits $ -0- $ 3,000.00 Planning Board Conceptual Applications $ 500.00 $ 1,250.00 Planning Board Architectual Applications $ -0- $ 3,000.00 Foils $ 10.00 $ 10.00 Subdivision Regulations Books $ -0- $ -0- PB TOTAL: $ 2,010.00 $70,528.50 ZONING BOARD MONTHLY TOTAL $ 250.00 $ 13,675.00 PLANNING BOARD MONTHLY TOTAL $ 2.010.00 $ 29,723.00 TOTAL: $ 2,260.00 $ 45,658.00 RECREATION FEES COLLECTED TOTAL: $ -0- $ -0- PROJECTS BEFORE THE BOARD Zoning Board of Appeals No. 49 Planning Board No. 51 5.1.a Packet Pg. 40 0 0 0 M co e e U -2- ROAD INSPECTION ESCROW RECEIVED Month Total Year-to-date $ -0- $ 10,240.56 TOTAL: $ -0- $ 10,240.56 PROJECT ESCROW RECEIVED March TOTAL: $ 1,500.00 $192,147.77 cc: Town Board Town Clerk 5.1.a Packet Pg. 41 Planning Board & Zoning Board of Appeals Bea Ogunti MONTHLY REPORT DATE: May 31, 2017 FOR THE MONTH OF April 2017 Month Total Year-to-date ZONING BOARD FEES COLLECTED Zoning Board Variance Applications $ 500.00 $13,175.00 Zoning Board Use Applications $ -0- $ -0- Foils $ -0- $ -0- ZBA TOTAL: 500.00 $13,175.00 $ PLANNINB BOARD FEES COLLECTED Planning Board Subdivision Applications $ -0- $ 5,750.00 Planning Board Site Plans Applications $ 8,520.00 $64,029.00 Planning Special Use Permits $ -0- $ 3,000.00 Planning Board Conceptual Applications $ -0- $ 1,250.00 Planning Board Architectual Applications $ 150.00 $ 3,150.00 Foils $ 22.75 $ 22.75 Subdivision Regulations Books $ -0- $ -0- PB TOTAL: $77,201.75. $ 8,693.25 ZONING BOARD MONTHLY TOTAL $ 500.00 $ 14,175.00 PLANNING BOARD MONTHLY TOTAL $ 8,693.25 $ 38,416.25 TOTAL: 9,193.25 $ 54,851.25 $ RECREATION FEES COLLECTED TOTAL: $ -0- $ -0- PROJECTS BEFORE THE BOARD Zoning Board of Appeals No. 51 Planning Board No. 53 Packet Pg. 42 -2- ROAD INSPECTION ESCROW RECEIVED Month Total Year-to-date $ -0- $ 10,240.56 TOTAL: $ -0- $ 10,240.56 PROJECT ESCROW RECEIVED April TOTAL: $ 3,944,95 $196,092.72 cc: Town Board Town Clerk 5.1.a Packet Pg. 43 Planning Board & Zoning Board of Appeals Bea Ogunti MONTHLY REPORT DATE: May 31, 2017 FOR THE MONTH OF May 2017 5.1.a Packet Pg. 44 Month Total Year-to-date ZONING BOARD FEES COLLECTED $96,927.65 ZONING BOARD MONTHLY TOTAL Zoning Board Variance Applications $ 750.00 $13,925.00 Zoning Board Use Applications $ -0- $ -0- Foils $ -0- $ -0- ZBA TOTAL: $ 750.00 $13,925.00 PLANNINB BOARD FEES COLLECTED TOTAL: $ Planning Board Subdivision Applications $ 500.00 $ 6,250.00 Planning Board Site Plans Applications $ 8,063.20 $72,092.20 Planning Special Use Permits $ 1,000.00 $ 4,000.00 Planning Board Conceptual Applications $ 250.00 $ 1,500.00 Planning Board Architectual Applications $ -0- $ 3,150.00 Foils $ 49.75 $ 72.50 Subdivision Regulations Books $ -0- $ -0- 5.1.a Packet Pg. 44 PB TOTAL: $ 9,862.95 $96,927.65 ZONING BOARD MONTHLY TOTAL $ 750.00 $ 14,925.00 PLANNING BOARD MONTHLY TOTAL $ 9,862.95 $ 47,279.20 TOTAL: $ 10,612.95 $ 65,464.20 RECREATION FEES COLLECTED TOTAL: $ 55,000.00 $ 55,000.00 PROJECTS BEFORE THE BOARD Zoning Board of Appeals No. 53 Planning Board No. 57 5.1.a Packet Pg. 44 -2- ROAD INSPECTION ESCROW RECEIVED Month Total $ 7,816.59 Year-to-date $ 18,057.15 TOTAL: $ 7,816.59 $ 18,057.15 PROJECT ESCROW RECEIVED May TOTAL: $ 56,355.96 $252,448.68 cc: Town Board Town Clerk 5.1.a Packet Pg. 45 1".^' 0 TOWN JUSTICE HEATHER L. KITCHEN June 1, 2017 V1�l �JO�'71) 5.1.a TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-6070 • (845)297-0145 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. Supervisor Jiava and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 Re: Carl S. Wolfson, Town Justice Report for the month of May, 2017: Dear Supervisor Jiava and Members of the Town Board; TOWN JUSTICE CARL S. WOLFSON The following is a report of the cases disposed of during the month of May, 2017; 10 Penal Law matters resulting in $200.00 collected in fines and fees. 413 Vehicle and Traffic Law matters resulting in $39,170.00 collected in fines and fees. 28 Civil matters resulting in $421.00 collected in fees. 22 Termination of Suspension fees resulting in $1,540.00 collected. 12 Local Law matters resulting in $425.00 collected in fines. 1 ENCON Law matter resulting in $100.00 collected in fines. 1 Bail poundage in the amount of $15.00. I have forwarded a check in the amount of $41,871.00 to the Town of Wappinger Comptroller. Additionally, I am holding $18,950.00 in pending bail. tfull : sub Carl S. Wolfson, Town Justice cc: Joseph Paoloni, Town Clerk G�FCOVED JUN 0 2 2017 TOWN OF WAPPINGER TOWN CLERIC Packet Pg. 46 TOWN JUSTICE HEATHER L. KITCHEN June 6, 2017 901� TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6070 • (845) 297-0145 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. Supervisor Jiava and Members of the Town Board Town Hall 20 Middlebush Rd. Wappingers Falls, NY 12590 Dear Supervisor Jiava and Members of the Town Board: TOWN JUSTICE CARL S. WOLFSON The following cases were disposed of while I presided over the Justice Court during the month of May 2017: 343 Vehicle & Traffic Law matters resulting in $42,046.00 collected in fines and fees. 24 Penal Law matters resulting in $660.00 collected in fines and fees. 12 Civil matters resulting in $160.00 collected in fees. 20 Termination of Suspension matters resulting in $1,520.00 collected in fees. 1 DNA matter resulting in $50.00 collected in fees. 7 Local Law matters resulting in $480.00 collected in fees. 1 Correction Law matter resulting in $0.00 collected in fees. 1 Alcoholic beverage Control Law matter resulting in $0.00 collected in fees. I have forwarded a check in the amount of $44,673.00 to the Town of Wappinger on June 1St, 2017. Additionally, I am holding $37,6200.00 in pending bail. Respectfully sub itt Lh Heather L. e Town Justice J U N 0 5 2017 cc: Joseph Paoloni, Town Clerk TOWN OF WAPPINGER TOWN CLERK Packet Pg. 47 W 5.1.a Packet Pg. 48 LU uL z Y CL o, 0 0' J � o z 0 0 V) X 4- 0 L aJ v (Ii LL C � O O LL WC C Q � a v N J d' c -I 00 rH M U� LA Lq 01 r- 00 00 00 Ln 0 Q1 I� c -I Ln N I- 00 N 07 I� N Cr �-I M N M ifs V) U C N E N W Q Ln U Co w X Z Q N U Q ) N V) u z LL o m � L Q1 Q a CC Z N p Co W Z N ,N N Ln N Ur Q Z L� .0 L i w Qj V)+L"+ � 'Q .L.) ccN ai LI),N CCu ccu Z Co IC G J = G G W rl N M d L!7 l0 I� 00 Ql O N M Ln lD f� 00 m O r -i c -i ci c -I c -i ci H ci H H N 5.1.a Packet Pg. 48 LU uL z Y CL o, 0 0' J � o z 0 0 5.1.a Packet Pg. 48 Y O W W W Z u- � Y � U �... 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W 0 N w W a in m m U tl:� lD lD LL C4 r4 U N N O dam' O dam' ct cri r� LU N en m z Z � D 0m N N N N N O O Q J ~ Q \\ O Ln L �H N m cr Ln l0 I -- 5.1.a Packet Pg. 50 7 PUBLIC NOTICE TOWN OF WAPPINGER NOTICE OF ADOPTION OF RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM Notice is hereby given that the Town Board of the Town of Wappinger, Dutchess County, New York, at a regular meeting thereof, held on June 12, 2017, duly adopted, subject to permissive referendum, a resolution, an abstract of which is as follows: RESOLUTION NO. 2017-111 RESOLUTION AUTHORIZING A PORTION OF THE EMERGENCY SERVICES BUILDING TO BE LEASED TO EMPIRE STATE AMBULANCE CORP. d/b/a EMSTAR The resolution authorizes the Town to execute a lease for a portion of the Town of Wappinger Emergency Services Building located at 16 Middlebush Road to Empire State Ambulance Corp. d/b/a EmStar (hereinafter "EmStar"). EmStar previously contracted with the Town of Wappinger to provide Ambulance Services to the Town of Wappinger Ambulance District. The Ambulance Services Agreement requires EmStar to maintain a business office within the Town of Wappinger. The leased premises will be used as a garage for the ambulances and office space. The space to be leased to EmStar consists of two garage bays and office space. The initial term of the lease will be until the end of the year and renewals will run in conjunction with the Ambulance Service Agreement with the Town. The lease provides for an annual rent of $26,400, prorated from the commencement date for the initial Lease term, and is payable in equal monthly installments. EmStar also has other obligations under the lease. The Resolution shall become effective thirty days after its adoption, unless a petition is filed with the Town Clerk requesting that the question by submitted to the voters of the Town for their approval or disapproval. Such petition shall be signed, and acknowledged or proved, or authenticated by electors of the town qualified to vote upon a proposition to raise and expend money, in number equal to at least five per centum of the total vote cast for governor in said town at the last general election held for the election of state officers, but which shall not be less than one hundred in a town of the first class. Copies of the resolution and lease are available from the Town Clerk's Office. 1 9.1.a Packet Pg. 51 Imm 53 West Cedar Street- Poughkee!psie- NY 12601 %MANV N Mi`,AC COIM New York Comm u n icaboins Company, Inc, as Lessor hereby agrees to lease to the undersigned as Lessee subject to the terms and conditions of the face and on the reverse side hereof, the following equipment -'—WO —OFUNITS, MOD EL D ff§CR —lPTPON 2, XIPR"5550E BASE MOTOROLA UHF BASE S'TA'IION wrrl-l: AN"I"ENNA, POWER SUPPLY, CONNECT r PLUS TRUNWINIG AND NYGOMCO LEASE COVERAGE 43 XPR-555OE MOBILE MOTOROLA UHIF MORILE RADIO WITH EX "f SPEAKER, MIC, CONNECT PLUS TRUNKING AND NYCC,MCO LEASE GOVERIAGE 5 XPR 75510E PORTABLE MOTOROLA UHF PORTABLE RAD0 WITH ANTENNA, BATTERY, CONNECT PLUSTRUNKlNG AND NYCOMCO LEASE COVERAGE 1 24-67 REMOTE DESK70P TONE REMOTE C ONTROLLER WITH NYCOMCO L EASE COVERAGE I TK -8180f K EXISTM F9RE iNVr MO+ BALE RADIO WITH ALIL ACCESS01RIES AND NYCOMCO LEASE COVERAGE Location of Equipment TOWN OF WAPPINGERS HWY DEPT, The, lease rate ILZ24 W.,per month for 72,months for a period of si year(s), (called herein the lease term) commencing on the first day of the month following the date of installation of the equipment Lessee agrees to pay an annual payment oLLy&2Jy-tbLqLL h2.g=0_gj=. 0 and ng centsj�914,.Q'The first monthly payrrent shail be due on the for a period of ix years( from the effective date of the contract. first day of the new lease term and the succeeding rrionth unfil all said number of monthly Payments shall have been paid. In the event any payment remains unpad for a period of sixty (60) days or, more after becomilng due, Lessor may declare Lessee to be in default by notice in writing, and Lessor tray retake Possession of any or all of the leased equipment with or vvlthout process, of law, and wfihout demand or further 110fice The Lessor wilil Install the equilpment after Lessor receives notice of PCC approval when appi Ica ble.Shipment shall be, f.o,b Lessor's plant, and Lessor shall not be liable for debays in delivery or failure to manufacture or ci (1) d'ue to causes beyond its reasonable control or (2) to acts of God, acts of the Lessee, acts of cavil or military authority, priorities, fires, strikes, floods, epidemics, war, hot, de4ays in transportation or car shortages, or (3) inability dine to causes beyond its reasonablie control to obtain necessary labor, materials, complonents or manufacturing facilities, In the event of any such delay, the, date of installation shalll be extended for a period eqLW to the time lost by reason of the delay. SIGNED, Ne ;Ycrk Com mCompany ompany Inc. By� J j a less- President Effective Dat&� ,NAME WAPPINGERS HWY TWN -W ADDRi 20 MIDDLEBU:SH ROAD WAPPINGERS FALLS, NY 125910 SiGNED: I Packet Pg. 52 1 IT IS FURTHER AGREED BY THE PARTIES: (J) ASSIGNMEl -r. onyroc i,es&i)r rnay assign flw "l mliocro of tile equipmern desefibed an this lease to a brink or finaticial insmution The Leswr vwffl wntinue to crillect are irwinlfdy paynients the uilder this leasir wind will continue tri provicie service and nianneriance of the erpopinent for the Lessee Neap obfigstion is iroposed upon the b,ank Or financial insirwiron to winch 01C CrgUit)r VZikkC Of the eqatrinlent tylas, be assigned to perilsiln it r fiM l� any cibllgaflons of the Lessor under this lciiscThe Lessee acknovyledge.5 that any churl it tries have under this lease shall be asserted against the Lessor only and not against mi assignee, of' tire equity vidue 0 1 tile eqtfilanern, (h) 'T"he Lessee lnay, not assign this; lease or any rioit to m use of he cquilinient desciflvd herein wiffioul the wrinen consent of tile Lessor first obtained, Notwithstanding fit% assigninent, the I else e will rernant folly obligawd under this lease unlcas specifically relcased by the Litswir and any person or coniparly which takes c:wer the rights or obligations under tins leascr will have all of" the rights and will be obligated n) keq) WI Ofthe prarneses arid agyeenients nrade herein. (2) I)EVALUr If the Leswe be ad' �uclieared a bankruflk or, there is filed a9llinst it a pelitktir under the bailkrupicy laws, or it' any n1soivoncy proccedinp ,,s is initiated by or against the Lessee, or if0w equupmenr ar guly part diereof is encurribered, pledged, or attached, seazed, or taken under any judicha process, the Lessor or its assignee rymy at any- tirne lernthiate ffi�is lease ap ei v, lie C greernent and enter any prerruses o� vdiicli , r the leased ettiOlmnent nray be located, wiJioin process or hov, and rernove Mi said eqrbiornent, without prejudice to any when rights or reinedies of the lessor car its assignee, (3) SERVICE,, 111C Performance of erimpnrent and the fiabifity of' tile Lessor under the seryiee parvision is confingent upon inaintenance by a qualified connilunicatwas lechilicorn, term floyed and certified by NYCOMM This rnaintenwice is the liability c,rf NYCOMCO and is lndudedit) fire lease charg,es. (4) PATENT INDEMN 111,1%" fie Lessor wall deferred any suit or procceding brought against ibe Lessee so fits as based oil as cle6rri that any leased equipment, or any paij jirrrooj; constiftites tin infiringenlent Of any Pallent of tile Uri red Mates, if notri'led pronifidy in w1anig and Oven authority, inforniation, marl assiarrince (ar tile J,essitrls cxpense) foe^ the defense ofsaine, and the Lessor shn1l pay aU ditunages and cersts awarded therein ap ounst the Lessee (5) OPTION TO RENEW The Lessee shaft have Clic opfion to renew this lease afire neat at a elonthIN, Payment to be determined at or befilre the expolition offl:ie lease terns, by %witten nobca prior lgri expiration of the ladle e term by execution of renewal fan n. (6) 11�'SSEPS OBIAGATIONS'11e lessee, shall (a) keep the equipmern deseribed herern at the locatwn designated and shall not move it eh,ewhere w0out prior writlen; authorization fron) the Lessor; (b) notify the L'ossin of, tire name and rvirnhing ,, address of any party liaving a hghr or tinerest in arty vnowr vehicle nirn uncondnionally owied by tile Lessee m %f6ch ars+v , ofthe equipment fisted herein is instailled , (c) at file expirarion of this lease agreetnent, retain to the Lessor its goini condition except firn normal wear and tee all leased eritninnerti, togeLfjejr pjrfi all parts and aceesmiries added to or intuatled in the leased equilentent, (d) keep the label ireadiag "Property of New, York ConirnitnicaTions Company, Inc," affixed to all leased equilanrent aL all tritres, told rilake equipment avaiiiibkfor Lesson rnspeciion al reasonable holes open rot6onable rul6cc, (is) be resjx)nsi)lc drinng aic least lerni for loss or theft of an pormble radios Listed lwrehn and niaintarn adisquate insurance thereon payable to the Lcsgor and L essec as their gnteresis stay apjxrir„ (f) arrange for access lay the Lesser or any person acting in its behaffto the 4>C;rtroit where the leased equitinrom is to be insialled, (7) 1AN11TATION OF LIABILITY. In no vvent shall the Lessor be liable for special or ciolsequeroral clarnages The t ester's habibry on any oflier chrini for loss al liatediry, Wiring, our of or connected with this ietrse, or the nso w)frtny e(lilipurent covered by this lease (ntduding, but nol lunked ur, less cir liability arising fi-oni breach of coritaw) shall in no casic exceed the prolated total rilonthly payrnenT dren paid on the parlicular unite involved ni the 4wni, except as provided ill lite paragraphs witaled "SERVICE" and MI 18) GOVERNMENT A I 14l ORIZATIONS Neither the lessor nor any of ris cniployees is an iltivrit or representative oftile Lessee and the Lessee xis sittely responsible for obtl6tring, any required aullsorizations from, the FedlerM Corninunicrournis Ccmunission and for carneliancz therewith if iNs lease ineludes the furnishing of' a tower and hertalianon, the Lessee shelf have rise sok responsibility for obtaining all necessary Fedcral,, State wat lrxcal pernihs or authcrizations pertaining thereto The Lessor MH cranfly wilbi all wher applicable Federarl, Suite or Local lawi and speci fically represents that stay goods to be dellivered hemi.lodel' shall be, trvoduced in corriphance with the Fair Labor Standards Act of 19,38 as: antended, Except ris hercin expressly provided In the ennirary the irrovisions of tits agreement are for the berrefit offlie parties to One lease and not for the hetet fit of mi.), other person. (9) AMENEYMENTS. Mis lease agreement (arid arty anwridnienis abached heirro and signed by both parties) evaitains the entire understandirig between the pattles coneerning this subject rianer hereof and any representation, prornise, Truldification or arnendi-nent Shall 1101 be binding upon euhLr party urriess reduced in Nwiling mid signed oil belwif ref each by a chily at"horized mpreseritattve w 9— Z� t. I Packet Pg. 53 1 STATE OF NEW YORK EXECUTIVE DEPARTMENT NEW YORK STATE POLICE STATE CAMPUS BUILDING 22 ALBANY, NEW YORK 12226 PARTIES L001740 SP Wappinger AGREEMENT OF LEASE, made this day of in the year two thousand seventeen by and between TOWN OF WAPPINGER whose address is 20 Middlebush Road, Wappinger's Falls, New York 12590 for themselves, their heirs, executors, administrators, trustees, distributees, successors, assigns and legal representatives, hereinafter referred to as Landlord, and THE PEOPLE OF THE STATE OF NEW YORK, acting by and through the Superintendent of State Police pursuant to the Executive Law, hereinafter referred to as the State or Tenant: WITNESSETH: the parties hereto for the consideration hereinafter mentioned covenant and agree as follows: LETTING 1. The Landlord hereby Leases to the Tenant and; the Tenant hereby hires from the Landlord the following described premises, viz: LEASED PREMISES A portion of the brick and frame building located at 16 Middlebush Rd, Town of Wappinger, Dutchess County, New York; consisting of approximately 8,332 square feet, which is more particularly identified on Appendix "B" (hereinafter the "Leased Premises"). The Leased Premises will be used for official business by the EXECUTIVE DEPARTMENT, DIVISION OF STATE POLICE or by such other department, commission,board or officers of the State of New York as maybe entitled by law to use same or to which the Leased Premises shall be allotted by such Superintendent of State Police as provided by the State Finance Law. I1:1NJi 2. TO HAVE AND TO HOLD the said Leased Premises with the appurtenances, rights and privileges for the Term beginning with June 1, 2017, and ending with May 31, 2022. RENT 9.5.a 3a. The Tenant shall pay the Landlord for the Leased Premises as follows: Uj $44,625.00 for the period of June 1, 2017 through October 31, 2017; $64,750.00 for the period November 1, 2017 through May 31, 2018; $111,000.00 per annum for the period June 1, 2018 through May 31, 2022; ti Payable to the Town of Wappinger Federal ID # 14-6002488 Vendor ID #1000002406 E at 20 Middlebush Road, Wappinger's Falls, NY 12590 in equal monthly installments of; $8,925.00 per month for the period of June 1, 2017 through October 31, 2017; $9,250.00 per month for the period November 1, 2017 through May 31, 2018; $9,250.00 per month for the period of June 1, 2018 through May 31, 2022. 1111 S' `;'t',rI7pin g, c I c n s c I 0 0f 71 Packet Pg. 54 R 9.5.a 3b. The Tenant agrees to pay the Landlord the specified Rent herein on or before the first of each month without notice or demand. 3c. Regarding Paragraph 3a of this Lease, the Rent increase shall only take effect on November 1, 2017 if the Landlord provides written notice that all items on the Attachment 1 - Work Letter have been completed and they are to the Tenant's Satisfaction, as determined by the Lieutenant- Administration. POSSESSION This paragraph intentionally left blank. RENEWAL 5. This Lease may, at the option of the Tenant, be renewed for two (2) successive terms of five (5) years. Each such Renewal shall be on the same terms and conditions as specified herein, as same may have been modified by the parties prior to such Renewal, EXCEPT that Rent for each such Renewal shall be negotiated prior to the commencement of such Renewal Term. The Lease shall not be renewed unless Tenant provides Landlord with written notice as required herein of its intention to renew the Lease at least sixty (60) days prior to the end of the initial or Renewal Term. CANCELLATION 6a. The New York State Police reserves the right to terminate this agreement in the event it is found that the certification filed by the Landlord in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, the State Police may exercise its termination right by providing written notification to the Landlord in accordance with the notification terms of this agreement. ; 6b. It is agreed that the Superintendent of State Police, in his sole discretion, may at any time after July 31, 2020, terminate the Lease without penalty by sending a written notice of its intention to terminate to the Landlord at its principal place of business. The notice will contain the date the Lease terminates, which will not be less than one -hundred -twenty (120) days from the date the notice is mailed. The Superintendent's right to cancel the Lease shall continue during any extension or holdover period. 7. Any Holdover after the expiration of the said Term or any extensions thereof shall be construed to be a tenancy from month-to-month and shall otherwise be on the terms and conditions herein specified, as far as applicable. DEFAULT 8a. If after the signing of this Lease the Tenant shall default in fulfilling any of the Uj covenants of this Lease, other than the covenants for the payment of Rent or "Additional Rent" the Landlord may perform those obligations at the expense of the Tenant, only if such default continues after twenty (20) days' notice to the Tenant. Bills for any reasonable expenses incurred by the landlord in connection with any such performance by it for the account of the Tenant shall be due and payable to the landlord in accordance with Article 11-A of the New York -6 State Finance Law. 0. 8b. In the event of nonpayment of any Rent or Additional Rent, the Landlord may terminate this Lease if rent is not paid within ten (10) days after receipt of written notice from the E Landlord. At the expiration of the ten (10) day notice period, the Term under this Lease shall S expire as fully and completely as if that date were the date herein definitely fixed for the expiration of the Term, and the Tenant will then quit and surrender the demised Premises to the Landlord, but the Tenant shall remain liable as provided herein. 8c. In any legal action or arbitration proceeding, the prevailing party shall also be entitled to recover all costs of such proceeding including costs of disbursements and attorneys' E fees as additional rent. 8d. Nothing in this Section 8 shall preclude the Tenant from terminating this Lease for default as permitted by the express terms of this Lease 2111 S ) `;'t',rI7pin g, c I c n s c I 006 71 Packet Pg. 55 9.5.a VENUE 9. Each party hereby irrevocably consents to the exclusive jurisdiction of the courts located in and for the County of Dutchess, and State of New York for all purposes in connection with any action, suit or proceeding which arises out of or relates to this Lease. To the fullest extent it may effectively do so under applicable law, each party hereby irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection which it may now or hereafter have to the laying of the venue of any such action, suit or proceeding brought in any such court and any claim that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. WAIVER 10. The failure of the Landlord to insist, in any one or more instances upon strict performance of any of the covenants of this Lease, or to exercise any option herein contained, shall not be construed as a waiver or a relinquishment for the future such covenant or option, but the same shall continue and remain in full force and effect. The receipt by the Landlord of Rent, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach and no waiver by the Landlord of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Landlord. ELECTRIC SERVICE Ila. The Landlord agrees to maintain the electrical service, meter and wiring of sufficient amount and quality so as to allow for the proper lighting of said Leased Premises and for the operation of basic electrical office equipment and appurtenances of the Tenant, in addition to normal building requirements. It is understood that the Landlord shall provide ceiling lighting fixtures providing for the light so furnished of not less than thirty-five (35) maintained foot candles on all surface thirty (30) inches above floor level distributed as uniformly as possible. All costs of the electrical service, including the electric fixtures and appurtenances, electric wiring, and providing an electric meter, shall be paid by the Landlord except as may be expressly specified hereinafter. 11b. Exit and emergency illumination shall be provided in such a manner as to maintain exit illumination automatically; in the event of any failure of normal lighting due to fault in the main lighting system, due to any failure of public utilities or other outside electric power supply, or any single manual act such as accidental opening of a switch controlling normal lighting facilities. HEATING AND AIR CONDITIONING 12a. The Landlord shall maintain an adequate and suitable year around Heating, Ventilation and Air Conditioning control system and appurtenances which shall be capable of providing the following: Cnw M 12b. Year round daily ventilation comprising a minimum of .25 C.F.M. of fresh air, tempered as required, per square foot of floor areas, or .15 C.F.M. per person, whichever is greater. Tenant stipulates that for the purposes of this clause the maximum number of people in the Leased Premises shall not exceed 25. 0 12c. The Air Conditioning or cooling portion of the said system shall be capable of maintaining when required, during maximum outside conditions (95° F. dry bulb, and 75° F. wet bulb), inside conditions of 75° F. dry bulb and 50% relative humidity. In addition to the above, E conference and hearing rooms shall be provided with additional air conditioning as may be required, and an adequate exhaust system consisting of a separate zone and thermostatic control. The said auxiliary system shall have a minimum capacity of 0.50 C.F.M of fresh air, tempered as required, per square foot of floor area in the said areas. 12d. The Heating portion of the said system shall be capable of maintaining heat, when necessary for the proper comfort of the occupants, which shall not be less than 70° nor E more than 75° throughout the Leased Premises. 12e. The Landlord shall pay all costs of service and maintenance, including filter 3111 S ) `;'t',rI7pin g, c I c n s c I 0 0f 71 Packet Pg. 56 9.5.a changes, for the above facilities for the duration of occupancy by the Tenant. WATER AND SEWER 13a. The Landlord shall furnish, at its own expense, a hot and cold water supply sufficient for washroom and cleaning purposes in the Leased Premises. Landlord will provide Tenant with drinking water via bottled water or water cooler system. 13b. The Leased Premises is serviced by a private well and septic system and the Landlord shall be responsible for the maintenance of said systems. EXTERMINATING SERVICE 14. The Landlord shall provide exterminating services for the Leased Premises without cost to the Tenant upon request from the Tenant. REPAIRS/MAINTENANCE 15a. The Landlord shall take care of the Leased Premises, fixtures and appurtenances, including the parking areas, and Landlord shall make all Repairs necessary to put and keep the Leased Premises in good order and condition at its own cost and expense except Repairs required as a result of the negligence of the Tenant or its invitees, employees, officers and/or anyone under Tenant's care, custody, control or supervision, which shall be the responsibility of the Tenant. 15b. Tenant must notify the Town Supervisor and the Buildings and Grounds Department in writing via email, letter or fax of any requested Repairs. Any damages caused by Tenant's failure to timely notify the Landlord shall be the responsibility of the Tenant. 15c. Tenant shall be responsible for maintaining a weekly cleaning service for the Leased Premises. Tenant will provide a copy of the contract for said cleaning service within fourteen (14) days of signing this Lease. Failure to provide the contract will be deemed a material breach of this Lease. 15d. The Landlord shall ensure that the Leased Premises comply with all laws, rules, orders, ordinances and regulations issued or in force, applicable to the Leased Premises, of the Town, county or other municipality, state_ or federal governments, and each and every department, bureau and official thereof, and of any board of fire underwriters having jurisdiction in the Leased Premises. The Tenant, in its use of the Leased Premises, agrees to comply with all applicable laws, rules, orders, ordinances and regulations. COMPLIANCE 16a. The Landlord shall ensure that the Leased Premises, and any subsequent construction and/or renovations undertaken by Landlord, will comply with all municipal, county, state and federal laws, rules and regulations, ordinances, orders and all rules, orders, ordinances or requirements of any governmental agency or body having jurisdiction thereof. 16b. The Tenant, in its use of the Leased Premises, agrees to comply with all UJ applicable municipal, county, state and federal laws, rules and regulations, ordinances, orders and all rules, orders, ordinances or requirements of any governmental agency or body having jurisdiction thereof. am LANDLORD'S RIGHT OF ENTRY 0 a 17. Tenant shall permit and escort the Landlord at all usual and necessary times to enter the Leased Premises for the purposes of inspection or sale with twenty-four (24) hour E notice to the Tenant, and if it does not interfere with State Police operations; and allow the S Landlord to make repairs and improvements to all parts of the building and to comply with all governmental orders and requirements applicable to the Leased Premises. Except as outlined in this paragraph, the Landlord shall not have the ability to access the Leased Premises unless, and only if, an emergency situation exists or where safety may be compromised such as a plumbing leak, roof leak, fire etc. The Landlord, in exercising its rights under this clause, shall not unreasonably interfere with the Tenant's access, use and occupancy of the Leased E Premises. TO LET 4111 S ) `;'t',rI7pin g, c I c n s c I 0 0f 71 Packet Pg. 57 9.5.a 18. The Tenant shall permit the Landlord during the four (4) months prior to the expiration of the Term, to place the usual notices of 'To Let' upon the exterior of the Leased Premises. The Landlord at any time during the Term shall be permitted to post For Sale signs on and around the Leased Premises. Access to the Leased Premises for the purpose of inspection by prospective buyers and brokers shall not be unduly restricted by the Tenant. Only in cases of an emergency or where safety may be compromised will access be restricted. DESTRUCTION OF PREMISES 19a. If the Leased Premises are destroyed or so injured by fire or the elements or any cause except Tenants negligence so as to render the Leased Premises uninhabitable or unfit for occupancy the Tenant, in its sole discretion, may by Notice in writing to the Landlord, such Notice to be mailed by the Tenant within thirty (30) days from the happening of such injury, exercise the following option: 19b. Quit and surrender the entire Leased Premises within thirty (30) days from the giving of such Notice, in which event the Rent shall abate from the time of the fire or other cause, and the Tenant shall not be liable for further Rent. This option may only be exercised in the event the Landlord is unable to rebuild the facility to the original plans and specifications on the same Leased Premises within a time period of six (6) months or less. All Rent shall be abated during such period and resume when the structure is deemed habitable by both parties hereto. 19c. If, however, the Leased Premises shall be so injured by any cause aforesaid as not to be rendered uninhabitable or unfit for occupancy, then the Landlord shall Repair the same with reasonable promptness, and in that case the Rent shall be abated during such Repair period, except only that the Tenant shall during, such time pay a pro rata portion of such Rent apportioned to the portion of the Leased Premises which are in condition for occupancy and which are actually occupied during such repairing period. 19d. All improvements or betterments placed by the Tenant on the Leased Premises shall, in any event, be repaired and replaced by the Tenant at its own expense and not at the expense of the Landlord, provided the injury and damage to such improvements or betterments have been caused without the fault or neglect of the Landlord, his agents or employees. 19e. If the Leased Premises are destroyed or injured by fire or the elements or any other cause the Tenant shall give notice thereof to the Landlord with reasonable promptness. 19f. In the event the Leased Premises are 'so injured or destroyed as above described, any advance Rent paid by Tenant to Landlord shall be apportioned to the date of the destruction and the difference promptly returned by the Landlord to the Tenant. SET OFF 20a. In the event the Landlord refuses or fails to initiate Repairs or provide services for which it is responsible under the terms and conditions of this Lease, the Tenant, upon thirty (30) days written notice to the Landlord by Tenant, may, at its sole option, make such Repairs or provide such services, deducting all the costs incurred thereby from the Rent which is or shall be owing the Landlord. 20b. Furthermore, in the event Tenant shall so quit the Leased Premises, Landlord shall be obligated to make all reasonable efforts to re -let the Leased Premises in order to minimize the losses of the Tenant. The Landlord shall not in any event be required to pay the Tenant any surplus or any sums received by the Landlord on a re -letting of said Leased 0 Premises in excess of the Rent provided herein. In no event shall the Landlord, without the 0. consent of the Tenant, grant free Rent for the use of said Leased Premises. SUBORDINATION E 21 a. This Lease is subject and Subordinate to all ground or underlying Leases, and to all mortgages which may now or hereafter affect such Leases, or the real property of which the Leased Premises form a part, and to all Renewals, modifications, consolidations, replacements and extensions thereof. However, no property owned or removable by the Tenant shall be subject to the lien of paramount mortgages. This provision shall be self -operative, and no E further instrument of subordination shall be required by any mortgages. In confirmation of such subordination, Tenant shall execute promptly within 30 days a written request, an appropriate certificate which Landlord provides. 5111 S ) `;'t',rI7pin g, c I c n s c I 0 0f 71 Packet Pg. 58 9.5.a 21 b. However, this Lease shall be subject and Subordinate to the lien of any future mortgage or any future underlying Lease provided that the holder of any such mortgage or the Landlord under any such underlying Lease shall agree in the mortgage or Lease or otherwise that this Lease shall not be terminated or otherwise affected by the enforcement of any such mortgage or underlying Lease, provided that at the time thereof this Lease shall not be in default, and the Tenant when requested by the holder of such mortgage or the Landlord under any such underlying Lease shall execute an attornment agreement to the holder of such mortgage or the Landlord under any such underlying Lease should either succeed to the rights of the Landlord under this Lease. Tenant agrees to provide Landlord with a written Estoppel Letter confirming the status of the Lease and Tenant's and Landlord's compliance with same. QUIET ENJOYMENT 22. The Landlord covenants with the Tenant that the Tenant, on complying with the terms of the Lease, shall and may peacefully and quietly have and enjoy the said Leased Premises. CONDITION OF PREMISES 23. The Tenant shall at the end of the Term quit and surrender the Leased Premises in as good order and condition as when any and all renovations are completed, normal wear and tear and damage by the elements, including fire, excepted. The costs of repairing any damage to the Lease Premises beyond normal wear and tear shall be paid by the Tenant. ,110111IIN= 24. Any Notice by the Tenant to the Landlord shall be deemed to be duly given if mailed by certified mail, addressed to the Town Supervisor at the address given above or any other address directed in writing by the Landlord, except as set forth in paragraph 15b. Any Notice by the Landlord to the Tenant shall be deemed to be duly given if mailed by certified mail addressed to the Superintendent of State Police, Building 22, 1220 Washington Avenue, Albany, New York, 12226-2252. NEW LANDLORD 25. In case the Leased Premises or the building of which the same is part shall be sold, conveyed, transferred, assigned, Leased or sub -let, or if the Landlord shall sell, convey, transfer or assign this Lease or Rents due under this Lease, or if for any reason there shall be a change in the manner of which the Rent reserved hereunder shall be paid to the Landlord, proper written Notice of such change shall be filed immediately by the Landlord with the Superintendent of State Police. Any transfer, assignment or notice of same shall be subject to the provisions of Appendix A of this agreement as well as the approval of the State Comptroller's Office. BROKERAGEFEES 26. The Landlord and Tenant warrant that no person or selling agency has been employed or retained to solicit or secure this Lease upon an agreement or understanding for a Cn commission, percentage, Brokerage, contingent fee or other compensation excepting bona fide LU employees or bona fide established commercial or selling agencies such as licensed Real Estate Brokers or others duly authorized by law to engage in real estate transactions for compensation in the State of New York and retained by the Landlord for the purpose of securing business. For breach or violation of this warranty the State shall have the right to annul this Lease without liability, or in its discretion to offset the full amount of such commission, 0 percentage, Brokerage, contingent fee or other compensation against the Rental or 0. consideration provided for in the Lease and to recover any balance in excess of such Rental or consideration by legal action. E MERGER CLAUSE 27. It is understood and agreed by and between the parties hereto that no representations or promises have been made in respect to the demised Leased Premises other than those contained herein except those as may be contained in a rider attached to and made a part of this Lease. E U LANDLORD'S TITLE INTEREST 28a. The Landlord represents that the Leased Premises above described are owned 6111 S' `;'t',rI7pin g, c I c n s c I 006 71 Packet Pg. 59 9.5.a by the Landlord in fee simple absolute. 28b. It is understood and agreed by and between the parties hereto that the agency in possession is not authorized to allow any deviations from the provisions of this Lease, including substitutions for, or additions to, items of construction or alterations, or commit the State in any way. It is further agreed that the Landlord will obtain prior written approval of the Superintendent of State Police for any deviation from the Lease provisions. REMOVAL OF PERSONAL PROPERTY 29. Any and all articles of Personal Property including, without limitations, business and trade fixtures, machinery, equipment, furniture, movable partitions and water coolers, radio, teletype and television equipment and aerials, owned or installed by the Tenant at its sole expense are and shall remain the property of the Tenant and may be removed by it at any time during the Lease term, Renewal, extension or Holdover period. If such fixtures, machinery, equipment, furniture, movable partitions and water coolers, radio, teletype and television equipment and aerials are removed, the cost of repairing any damage to the building arising from such removal shall be paid by Tenant. ALTERATIONS BY TENANT 30. It is understood and agreed by and between the parties hereto that during the Lease period, Renewal period, extension or Holdover period the Tenant reserves the right to make minor alterations or installations at its sole expense, such as, installation of telephone, data, and/or, erection or relocation of moveable partitions, etc. All other alterations require Landlord written prior approval which shall not be unreasonably withheld. All alterations made by Tenant shall be in conformance with all building codes and all other laws. ALTERATIONS BY LANDLORD 31. It is understood and agreed by and between the parties hereto that relative to any alterations, other than minor alterations as mentioned above, which may subsequently be required by the agency in Possession, the Landlord agrees to provide the Tenant with estimates based upon Tenant's plans and specifications for the work to be performed. Upon approval by the Tenant the Landlord shall be authorized by the occupying agency or the Tenant to proceed with the subject alterations. If the Landlord elects, he may submit to the authorizing agency paid bills for partial work, which shall have been completed to the agency's satisfaction. The total of the partial payments shall not exceed eighty percent (80%) of the approved estimate for the entire proposed work; in the event of any revision in plans by the Tenant, which may increase or decrease the estimates, any balance or overpayment shall be adjusted on the basis of final bills for all completed work. In the event of overpayment by the Tenant as a result of the said revisions, as may be indicated by a final audit,Tenant is hereby authorized to make deductions from Rent payments until it has recovered the amount of overpayment. Any further balance due Landlord resulting from the final audit shall be due and payable upon completion of audit and submission by the Landlord of paid bills for completed work. SIGNS 32. The Tenant may post and maintain such Signs and notices as is reasonably UJ required and permitted by law to inform the public as to its location in the building and shall have a right to have its name and other pertinent information on Landlord's lobby directory board. All signs shall be in conformance with all Town, Planning, Zoning, Building Codes and all other applicable laws. 0 HEADINGS 33. The Headings as to contents of particular paragraphs herein, if any, are inserted E only for convenience, and are in no way to be construed as a part of this Lease or as a limitation B of the scope of the particular paragraphs to which they refer. CONSENT 34. The Landlord and Tenant covenant that whenever the other's Consent is a W required under any of the provisions of this Lease such Consent shall not be unreasonably E withheld. SALE AND/OR TRANSFER 7111 S' `;'t',rI7pin g, c I c n s c I 006 71 Packet Pg. 60 9.5.a 35. It is hereby agreed by the parties enumerated on page 1 that the Landlord shall not, at any point in time, Sell or Transfer title of the Leased Premises to a member and/or employee of the Division of State Police, immediate family and/or wholly owned corporation of the aforementioned. Should such proscribed Sale or Transfer occur, the Tenant shall have the option of immediately causing the Lease to become null and void. APPENDIX A 36. Appendix A (January 2014), titled "Standard Clauses for NYS Contracts" (attached), is an integral part of this Lease. In the event of a conflict between the Agreement and Appendix A, Appendix A shall take precedence. PAINTING AND DECORATING 37. This paragraph intentionally left blank. REAL ESTATE TAXES 38. This paragraph intentionally left blank. INDEMNIFICATION 39. Subject to the availability of lawful appropriations and consistent with Section 8 of the State Court of Claims Act, the Tenant shall hold the Landlord harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the Tenant or of its officers or employees when acting within the course and scope of their employment. INSURANCE REQUIREMENTS 40. Prior to the date on which possession of the Leased Premises is delivered to the State, the Landlord shall file with the Tenant, Certificates of Insurance evidencing compliance with all requirements contained in the Lease. Such Certificates shall be in the form and substance acceptable to the Tenant. Acceptance by the Tenant of the evidence of insurance does not, and shall not be construed to relieve Landlord of any obligations, responsibility or liabilities under this Lease to obtain the required coverage or indicate acceptance of the adequacy of coverage and limits. All insurance required by the Lease shall be obtained at the sole cost and expense of the Landlord; shall be maintained with insurancecarriers licensed or authorized to do business in New York State, and acceptable to the Tenant; shall be primary and non-contributing to any insurance or self-insurance maintained by the Tenant of Occupying Agency and shall provide that written notice be given to the Tenant, at least thirty (30) days prior to the cancellation, non- renewal, or material alteration of such policies, which notice shall be sent to the Tenant at the following address: New York State Police, Administration, Building 22, 1220 Washington Avenue, Albany, New York, 12226-2252. The Landlord shall be solely responsible for the payment of all of its deductibles to which such policies are subject. Each insurance carrier must be rated at least "A -"Class "VII" in the most recently published Best's Insurance Report. If, during the term of the policy, a carrier's rating falls below "A-" Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer rated at least "A-" Class "VII" in the most recent published Best's Insurance Report. Said policies shall name the PEOPLE OF THE STATE OF NEW YORK as an additional insured (in the case of fire insurance, as its insurable interest may appear). The Landlord shall cause all insurance to be in full force and effect as of the commencement date of this Lease and to remain in full force and effect throughout the Term of this Lease and as otherwise required by this Lease. The Landlord shall not take any action, or omit to take any action, that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. Not less than thirty (30) days prior to the expiration date or renewal date, the Landlord shall supply the Tenant with updated replacement Certificate of Insurance, and amendatory endorsements. 8111 S ) `;'t',rI7pin g, c I c n s c I 0 0f 71 Packet Pg. 61 9.5.a The Landlord, throughout the Term of this Lease, or as otherwise required by the Lease, shall obtain and maintain in full force and effect, the following insurance with limits not less than those described below and as required by the terms of this Lease, or as required by law, whichever is greater, (limits may be provided through a combination of primary and umbrella/excess policies): a. Commercial General Liability Insurance with a limit of no less than $2,000,000 each occurrence. Such liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 01, or a substitute form providing equivalent coverages, and shall cover liability arising from Premises operations, independent contractors, broad form property damage, personal and advertising injury, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract). 1) Commercial General Liability Insurance shall name The People and the State of New York, its officers, agents and employees as additional insureds thereunder. 2) If such insurance contains an aggregate limit, it shall apply separately to this Leased Premises. b. Commercial Property Insurance on the Leased Premises in an amount not less than the Full Insurable Value of the Leased Premises covering at a minimum, the perils insured under the ISO Basic Causes of Loss Form (CP 10 10). Full Insurable Value shall mean actualreplacement cost of the real property (exclusive of the cost of non -insurable portions thereof, such as excavation, foundations and footings). Notwithstanding the foregoing, in lieu of maintaining' insurance regarding the referenced lease, the State may self -retain as to such risks. With respect to self -retention, the State represents that it has full resources of its taxing power to respond to any claims for liabilities which may arise during the Term of the subject Lease, provided, however, that the State's obligations with respect to any such claims are subject to the availability of lawful appropriations thereof as required by Section 41 of the New York State Finance Law. Provisions concerning the State's responsibility for any claims for liability as may arise during the Term of this Lease are set forth in the New York State Court of Claims Act and any damages arising from such liability shall issue from the New York State Court of Claims Fund or any applicable, annual appropriation of the Legislature of the State of New York. Waiver of Subrogation — Landlord shall cause to be included in each of its policies for the insurance indicated a waiver of the insurer's right of subrogation against the State, or, if such waiver is unobtainable (i) an express agreement that such policy shall not be invalidated if Tenant waives or has waived before the casualty, the right of recovery against Landlord; or (ii) any other form of permission for the release of the State. WORKERS COMPENSATION INSURANCE AND DISABILITY BENEFITS COVERAGE 41. Prior to this Lease becoming effective, Landlord and Tenant must submit proof that they have the workers' compensation and disability benefits coverage required by the New York State Workers' Compensation Law, or proof that they are legally exempt from obtaining such coverage. Proof of compliance must be demonstrated in accordance with the requirements set forth by the New York State Workers' Compensation Board. Landlord and Tenant shall notify the New York State Police, Administration, Building 22, 1220 Washington Avenue, Albany, New York, 12226-2252 at least thirty (30) days prior to material change or cancellation of such coverage. MISCELLANEOUS OBLIGATIONS 42a. The Landlord shall be responsible for all lawn mowing, landscape maintenance, snow plowing, salting, spring cleaning of parking lot and lawn area. 42b. Tenant may not assign this Lease without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. 9111 S ) `;'t',rI7pin g, c I c n s c I 006 71 Packet Pg. 62 9.5.a TELECOMMUNICATIONS AND INTERNET 43. The Tenant shall be responsible for all telephone and internet communication services during the Term of this Lease or any renewal period. LANDLORD RESPONSIBILITY 44a. The Landlord shall at all times during the Lease Term remain responsible in accordance with Article IX of the New York State Finance Law. The Landlord agrees, if requested by the Superintendent, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. 44b. The Superintendent, reserves the right to suspend any or all activities under this Lease, at any time, when he or she discovers information that calls into question the responsibility of the Landlord. In the event of such suspension, the Landlord will be given written Notice outlining the particulars of such suspension. Upon issuance of such Notice, the Landlord must comply with the terms of the suspension order. Lease activity may resume at such time as the Superintendent issues a written Notice authorizing a resumption of performance under the Lease. 44c. Upon written Notice to the Landlord, and a reasonable opportunity to be heard with appropriateagency officials or staff, the Lease may be terminated by Superintendent at the Landlord's expense where the Landlord is determined by the Superintendent to be non -responsible. In such event, the Superintendent may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. WORK LETTER 45a. The "Landlord's Work" or the "Work" to be performed at the Building and in the Premises is set forth in Attachment 1 -Work Letter annexed to and made a part of this Lease. It is understood and agreed upon by and between the parties hereto that the Landlord shall, at his own cost and expense, complete the Renovations and Repairs listed in Attachment 1 - Work Letter to the Tenant's satisfaction, as determined by the iLieutenant-Administration. Landlord will make all reasonable efforts to complete all Renovations and Repairs pursuant to the specifications set forth on Attachment 1`- Work Letter on or before November 1, 2017. 45b. It is further understood and agreed that said Renovations and Repairs will be conducted during normal business hours and that both parties will take all reasonable efforts so as not to interfere with the other while the Renovations and repairs are being completed. 45c. In the event the Landlord refuses or fails to initiate the required actions to complete the make the Renovations and Repairs set forth in Attachment 1- Work Letter, or provide services for which it is responsible on or before November 1, 2017, then Tenant, upon Ch reasonable notice to the Landlord, may at its sole option make or have made said Renovations, LU repairs or provide services and exercise the SET OFF adjustments asset forth and contained in Paragraph 20 of this Lease. am ADDITIONAL RENT FOR UTILITIES 0 a 46. Tenant shall also pay, as Additional Rent, until such time as the Tenant is provided its own dedicated meters, the cost of electricity and gas used in the Premises, based E on its pro rata share of approximately 70.5%. The said Additional Rent shall be billed as soon E as practical, and shall be paid separately. The Landlord shall supply supporting documentation that shows the total cost of utilities and total square footage of the building to calculate the pro - rata share. Thereafter, Tenant will be responsible for all of its electricity and gas usage per the metered readings and shall directly pay the provider. U M 101 G G S' `;'t',rI7pin g, c I c n s c I 0 0f 71 Packet Pg. 63 9.5.a IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed in counterparts the day and year first written above. Landlord Certification I certify that all information provided to the Tenant with respect to State Finance Law §139-k is complete, true and accurate. TOWN OF WAPPINGER BY: Lori A. Jiava, Supervisor STATE OF NEW YORK) COUNTY OF DUTCHESS) ss: On this day of 2017, before me came LORI A. JIAVA to me known and known to me to be the person described in and who executed the forgoing instrument on behalf of the Town of Wappinger, and she acknowledged to me that she executed the same. Notary Public Agency Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." SUPERINTENDENT OF STATE POLICE BY: Lt. Colonel Richard C. Smith, Jr. Assistant Deputy Superintendent - Administration Approved as to form: Approved Eric T. Schneiderman Attorney General THOMAS P. DINAPOLI 11111 S ) `;'t',rI7pin g, c I c n s c I 006 71 Packet Pg. 64 BY: BY: Assistant Attorney General STATE COMPTROLLER NO. 21: I%|ll 8y vvap piug,c, I ca,c 1 00l740 I Packet Pg. 65 1 9.5.b Attachment 1— Work Letter SP Wappinger L001740 Pursuant to Paragraph 45 of Lease No. L001740, the Landlord shall, at their own cost and expense, complete the following work listed below to the Tenant's Satisfaction, as determined by the Lieutenant - Administration: 1. The Landlord shall repaint the walls (wallpaper shall be removed) and ceilings throughout the building with appropriate commercial grade paint; wall color shall be Sherman Williams Architectural Gray (SW1038) (or equivalent). The walls will be properly prepared and have damaged areas repaired before paint is applied. Ceilings will receive egg shell or flat paint, walls shall receive egg shell or semi -gloss paint and trim shall receive semi -gloss paint or varnish as required. 2. Roof: The Landlord shall remove the existing asphalt shingle roof and install the following: a. Install GAF Weather Watch (or equivalent) ice and water shield shall be installed six feet up from the eave for the entire perimeter of the building and in all valleys. b. Install 30 pound roofing paper fastened with button type nails. c. Install drip edge 0.16 gauge or better. d. Install a course of three (3) tab "starter shingles" on the perimeter of the roof. e. Install Cobra vent (or equivalent) ridge venting on both wings of the building. f. Remove and replace with new soil or vent boots. g. Install GAF Timberline 30 year architectural shingles (or equivalent), color slate or equivalent. 3. The Landlord shall install Carbon Monoxide Detectors (Nelson's law) and Smoke Detectors in accordance with the Fire Code and Property Maintenance code of New York. 4. Heating and Air Conditioning: The Landlord shall install adequate ducting throughout the building to conform to the standards set forth in Paragraphs 12a through 12d of Lease No. L001740. 5. Exterior Doors: The Landlord shall remove and replace the exterior entrance door with a commercial grade steel door with the following minimum specifications: a. Steel Door Frames: shall be 16 — gauge steel, welded or mechanical interlock. b. Steel Hollow Metal Doors: "Curries Assa Alboy" model 747, 1 % inch thick, steel stiffened, flush type 18 gauge steel face with polystyrene core insulation (or equivalent). c. Kaba extra heavy duty (5000 series) push button locks (or equivalent) shall be installed by a certified Locksmith to both front and rear doors, to be coordinated with the Station Commander. 6. The Landlord shall replace the existing flooring throughout the station; a. Vinyl Composite Tile: The following rooms shall receive 12" x 12" x 1/8" Mannington 122 Glacier or equivalent for field tile; the patrol room, processing room, break room, lobby, entry foyer, armory, evidence lockers, bathrooms and hallways. Hallways to have a 12" border of Mannington 102 Stone Gray or equivalent). Narrow hallways may receive a reduced size border with the approval of the Station Commander. b. Carpet: The following rooms shall receive Bradford ( Kraus 1779 25 midnight carpeting (or equivalent); Sergeant's office, BCI offices, Interview rooms, Zone offices and conference room. Packet Pg. W71 9.5.b 7. The Landlord shall have the HVAC system cleaned; a. Clean all air handling units (AHU) internal surfaces, components and condensate collectors and drains. Clean all coils and related components, including evaporator fins. Mechanically clean all duct systems to remove all visible contaminants. 8. The Landlord shall replace all damaged and stained drop ceiling tiles with new tiles of a pattern matching the existing tiles. If the pattern cannot be matched the Landlord shall replace all of the ceiling tiles in the area (room) with one consistent pattern. The remaining undamaged tiles may be used in other areas to replace damaged tiles. Notwithstanding the Landlord shall ensure that the ceiling tiles in each individual room or hallway have a matching pattern. 9. Electrical Fixtures: The Landlord shall repair electrical outlets, switch and respective covers throughout the building. If repair is not practicable, the Landlord shall replace the switch or outlet. All outlets, switches and covers shall be white in color. 10. The Landlord shall install high efficiency LED lighting, either 1' x 4' two -bulb surface mount for sheet rocked ceilings or 2' x 4' four -bulb, flush mount lights for suspended ceilings in the Zone Sergeant's office. 11. Bathrooms: The Landlord shall replace the ceiling fans, fixtures, toilet paper and towel dispensers in both the Zone and main hallway bathrooms. 12. Exterior Lighting: The Landlord shall install new energy efficient LED exterior lighting to the front and rear of the building including the parking lot. 13. Front Desk: The Landlord shall install new commercial grade counter top. The color is to be approved by the Zone Commander (Captain). 14. Men's and Women's Locker Room: The Landlord shall install new counter tops, sinks, faucets, toilets and urinals, showers; all items shall receive new traps, no burst supply lines and other associated items. All items will be commercial grade. All damaged sheet rock shall be replaced, new ceramic tile flooring shall be installed. The colors shall be approved by the Zone Commander (Captain). 15. Generator: The Landlord shall install a Commercial Generator. a. The generator shall be of sufficient capacity to equal the normal commercial feed to the building. b. The generator shall be a Generac Commercial Grade "Protector", "Quiet source" or "Commercial" model (or equivalent). c. The automatic power transfer switch is to be a UL listed switch capable of transferring full generator output. A generator power output indicator is to be located adjacent to the transfer switch in the station. d. The existing generator is the property of NYSP which will be disconnected by the Landlord and removed by the NYSP within thirty (30) days from the date the NYSP are notified in writing that it has been disconnected. e. The maintenance of such, according to manufacturer's specifications, shall be the responsibility of the Landlord. 16. Patrol Room: The Landlord shall secure a prisoner bench and handcuff rings, using plywood backing at the points of securement. Tenant will supply the bench and hand cuff rings with installation specifications and/or drawings. This shall be coordinated with the Station Commander. 17. The Tenant shall supply the 1/4 inch tempered glass with a stainless steel shelf with deal tray and a CRL 6" diameter speak through in both the Patrol and Zone entry ways. Tenant will supply installation specifications and/or drawings. This shall be coordinated with the Station Commander. *The Landlord shall ensure that all fixtures and other construction materials used to repair and remodel the facility are new products. No used or refurbished products or materials shall be permitted. Pre -finished materials shall be of a single "lot" of a uniform color. Packet Pg. J71 9.5.c APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. January 2014 Packet Pg. 68 r77STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA 9.5.c TABLE OF CONTENTS Page 1. Executory Clause 3 2. Non -Assignment Clause 3 3. Comptroller's Approval 3 4. Workers' Compensation Benefits 3 5. Non -Discrimination Requirements 3 6. Wage and Hours Provisions 3 7. Non -Collusive Bidding Certification 4 8. International Boycott Prohibition 4 9. Set -Off Rights 4 10. Records 4 11. Identifying Information and Privacy Notification 4 12. Equal Employment Opportunities For Minorities and Women 4-5 13. Conflicting Terms 5 14. Governing Law 5 15. Late Payment 5 16. No Arbitration 5 17. Service of Process 5 18. Prohibition on Purchase of Tropical Hardwoods 5-6 19. MacBride Fair Employment Principles 6 20. Omnibus Procurement Act of 1992 6 21. Reciprocity and Sanctions Provisions 6 22. Compliance with New York State Information Security Breach and Notification Act 6 23. Compliance with Consultant Disclosure Law 6 24. Procurement Lobbying 7 25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7 State Contractors, Affiliates and Subcontractors 26. Iran Divestment Act 7 Page 2 Packet Pg. 69 r77STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA 9.5.c STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON -ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State's previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller's approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6-a). However, such pre -approval shall not be required for any contract established as a centralized contract through the Office of General Services or for a purchase order or other transaction issued under such centralized contract. 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex (including gender identity or expression), national origin, sexual orientation, military status, age, disability, predisposing genetic characteristics, marital status or domestic violence victim status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor Page 3 Packet Pg. 70 STANDARD CLAUSES FOR NYS CONTRACTS understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. 7. NON -COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non- collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). 9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years 9.5.c APPENDIX A thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee's Federal employer identification number, (ii) the payee's Federal social security number, and/or (iii) the payee's Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers. (b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section Page 4 January 2014 Packet Pg. 71 STANDARD CLAUSES FOR NYS CONTRACTS 312 of the Executive Law and 5 NYCRR 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; 9.5.c APPENDIX A or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this Page 5 January 2014 Packet Pg. 72 STANDARD CLAUSES FOR NYS CONTRACTS law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women -owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business Albany, New York 12245 Telephone: 518-292-5100 Fax: 518-292-5884 email: opakesd.ny_gov A directory of certified minority and women -owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 633 Third Avenue New York, NY 10017 212-803-2414 email: mwbecertification(cr�esd.ny.gov https: //nv. neway contracts. com/FrontEndNendorSearchPu blic-asp The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Page 6 9.5.c APPENDIX A Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women -owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899 -aa; State Technology Law Section 208). 23. COMPLIANCE WITH CONSULTANT DISCLOSURE LAW. If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163 (4-g) of the State Finance Law (as amended by Chapter 10 of January 2014 Packet Pg. 73 STANDARD CLAUSES FOR NYS CONTRACTS the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller. 24. PROCUREMENT LOBBYING. To the extent this agreement is a "procurement contract" as defined by State Finance Law Sections 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law Sections 139-j and 139-k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as defined by Tax Law Section 5-a, if the contractor fails to make the certification required by Tax Law Section 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. 26. IRAN DIVESTMENT ACT. By entering into this Agreement, Contractor certifies in accordance with State Finance Law §165-a that it is not on the "Entities Determined to be Non -Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012" ("Prohibited Entities List") posted at: http://www.o 4s.n��4ov/abotit/regs/docs/ListofEntities.pdf Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. During the term of the Contract, should the state agency receive information that a person (as defined in State Finance Law §165-a) is in violation of the above -referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state 9.5.c APPENDIX A agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. The state agency reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award. Page 7 January 2014 Packet Pg. 74 ry 0 0 LL F— LL z LU J J ry F— z Q z w t- I J JJ r ry 0 0 LL F— LL z LU J J ry F— z Q z w t- I J JJ ry 0 0 LL F— LL z LU J J ry F— z Q z w t- SHARED SERVICES AGREEMENT Between NYSDOT and the Town of Wappingers THIS AGREEMENT, dated January Is', 2,017 is between the People of the State of New Yorl<, Hereinafter referred to as "State" or "NYSDOT" and the Town of Wappingers, hereinafter referred to as "Municipality." Pursuant to Section 99-r of the General Municipal Law, the State and the Municipality wish to share services, exchange or lend materials or equipment which shall promote and assist the maintenance of State and Municipal roads and highways and provide a cost savings by maximizing the effective utilization of both parties' resources. The State and the Municipality agree to share services as follows: 1. Description and Cost of Services, Materials or Equipment to be shared, Provide details of the services, materials or equipment to be shared in the attached standard Schedule A. The total amount of the agreement shall not exceed ten thousand dollars ($10,000,00). If applicable, indicate that the return exchange will be determined at a later date. 2. The Provider's employees shall remain under full supervision and control of the Provider. The pat -ties shall remain fully responsible for their own employees for all matters, including but not lin-ilted to, salary, Insurance, benefits and Workers Compensation. 3. If the borrowed machinery or equipment is damaged or otherwise needs repair arising out of or in connection with the Recipient's use, the Recipient shall be responsible for such repairs. 4. The Municipality agrees to indemnify the State for any and all claims arising Out of the Municipality's acts, or omissions under this Agreement. The term of this Agreement shall be for one (1) year. The parties will endeavor to provide no less than thirty (30) days' notice of its intent to extend the Agreement. Either party may revoke this Agreement by providing sixty (60) days written notice of such revocation. Upon revocation, any outstanding obligations of the parties must be satisfied within thirty (30) days of the date of such revocation. NYSDO'f— Region 8 ME Date .MUNICIPALITY By: Date: Resident Engineer — So. Dutchess & Putnam Co. Town of Wappingers Highway Superintendant NYSDOT — Region 8 Date: Regional Director or Operations Plage I of 2 I Packet Pg. 76 1 SCIIEDULE A "K r'% I C, r -I C% 1 11 Description of services, materials, or equipment (Check All that apply) to be shared: Emergency assistance, including snow and ice control pursuant to Highway Law Section 55, as may be needed and agreed to by the Department ot"I'ransportation, Estimated Cost/Value of Service Equipment Materials (Check All that apply): Total NYSDOT Cost/Value: Not to exceed $10,000. MUNICIPALITY Description of services, materials, or equipment (Check All that apply) to be shared: To be determined based on services and materials provided by the Department of Transportation Estimated Cost/Value of Service Equipment Materials (Check All that apply): Total MUNICIPALITY Cost/Value: —Not to exceed $10,000. Short 2-28-11 Page of cc I Packet Pg. 77 1 /e—1 14EWYORK swE OF e. 147 April 13, 2017 IIS of 'Transportation Vincent Bettina Town of Wappingers Highway Superintendent 10 Highway Drive Wappingers Fallls NY 12590 Dear Superintendent Bettina, ANDREW K OJOMO Governor MATTHEW J, DRISCOLL C o ni rn i c, s 1 o ni e � TODD WESTHU11S, P.E. Regional Director Attached, you will find a Shared Services Agreement between NYSDOT and your agency to facilitate disaster assistance as the need arises. This agreement would allow us to share resources during certain events in the absence of a Governor's Emergency Declaration. If you are interested in participating in this agreement, please sign, date, and return to my office. If you would like to discuss this further, or if you are not interested in participating, please give me a call. Michel Sassi, PE Newtork State Department of Transportation Resident Engiineer — Southern Dutchess & Putnam Counties 106 Ludingtonviille Road Holmes, NY 12531 (845) 878-6361 1" 1 Packet Pg. 71",l0 VJiflf U) wy Nly I � �� "'? /,/"V,/,, dA,�y g(,,f I I