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2017-06-26Monday, June 26, 2017 Call to Order Town of Wappinger Regular Meeting Minutes 7:30 PM 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Town Hall Attendee Name Organization Title Status Arrived Lori A. Jiava Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM William Ciccarelli Town of Wappinger Councilman Present 7:30 PM John J. Fenton Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Grace Robinson Town of Wappinger Deputy Town Clerk Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM Al Roberts Consultant Attorney Present 7:30 PM Salute to the Flag Adoption of Agenda 1. Motion To: Amend and Adopt Agenda Amended to add late property maintenance resolutions. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Accept Minutes 1. Motion To: Acknowledge Minutes of June 12, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: John J. Fenton, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page I Printed 71612017 Regular Meeting Minutes June 26, 2017 V. Correspondence Log RESOLUTION: 2017-122 Correspomdence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence o 20,17-06-26 N11mber To From Data Data Rec" Ree Agenda Data 06,26-001 Towi7 Board Towi7 Comptroller 612612017 612612017 Warraiits 2017 -Y acid Z 612612017 016,26-002 Jose li P. Psolom Cliristo lier Heady 616120117 618120117 Reqardiiiq FOIL Re best, April 11, 20117 6126120117 016-26-883 Towi7 Board Alfred A. Cappelli, Jr. 6/7120117 6/12120117 Ballom Markers / Proposed Sikli Temple 612 612 011 7 016-26-0104 Towi7 Board Vii7ceiit Bettii7a 6/1212817 6/1212817 Notice of Abseme 612612817 016.26-885 Towi7 Board Carry Garcia 6/612817 6/13120117 Re best to Waive Peiialty Fee, Water &, Sewer 612612817 86,26-886 Towi7 Board James P. Horai7 I 6/1212817 6/14120117 Local Lain for Solar Eiierqy Systems 6/26/20117 016-26-01017 ITowii Board Ral li Holt 1 6/12120117 6/15120117 Re nest Veiidor Approval 612 612 011 7 016-26-888 ITowii Board James P Horai7 1 U22120171 6/22120117 1 Order To Remedy 612 612 011 7 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 -2017-122 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended 1 Ori A. Jiava Voter 0 ❑❑ ... ,...... ❑ ..... El Defeated William H. Beale ....................Voter ....,....... D .. ........ El.. ❑ ... ❑ El Tabled William Ciccarelli Seconder 0 El ❑ ElWithdrawn John J. Fenton ..............Mover ............... Voter ..... ...... 0 ❑ ........,........ ❑ ❑ .......❑ ..... Michael Kuzmicz D.........,........ ❑ ❑........ , Dated: Wappingers Falls, New York June 26, 2017 The Resolution is hereby duly declared Adopted. VI. Public Hearing on Property Maintenence Violations 1. Motion To: Open Public Hearing Nobody from the Public was in attendance and therefore no comments were made by the public. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Close Public Hearing Town of Wappinger Page 2 Printed 71612017 Regular Meeting Minutes June 26, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VII. Public Portion 1. Motion To: Open Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VIII. Discussions 1. Motion To: Town Board Summer Schedule The Town agreed to set the summer Town Board meeting as July 10th and an August 21st. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Town Culverts and Easements Councilman Fenton looked at culverts over the weekend. He identified faulty ones at 74 Spook Hill Rd, 7 Drew Court, and 3 Dwyer Lane. Attorney Roberts indicated that the Highway Department is responsible. Engineer Gray agreed to look at it. Supervisor Jiava read aloud a letter from Ms. Dengler who was in attendance. No letter was filed with the Town Clerk. Mr. Roberts suggested compiling a list that he and the Engineer would look into it. 3. Motion To: Ask the Engineer to Cost the List of Roads Provided and Communicate Back to The Board For Approval. Town of Wappinger Page 3 Printed 71612017 Regular Meeting Minutes June 26, 2017 The town has already agreed on paving Brothers Road with 1.4 miles of road. Losee Road (0.9 miles) and McFarlane Road (0.9 miles) were suggested. Councilman Kuzmicz suggested that Brothers Road can be paved at the same time that roads are being decided on. Engineer Gray said in the past he received a list and the engineer would cost it. He then asked the board for a list of roads. He added that we need only 1.8 miles of road. The discussion continued and they agreed that the remainder would be done on portions of Ketchamtown Road that need attention and portions of Marlorville and Creek road. The board moved and voted to authorize the RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman Ralph Holt addressed the board for approval of Vendors Charlie Cornacchio for the summer concerts and Mike Mahonev with Kona Ice for the summer came. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IX. Resolutions 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. Town of Wappinger Page 4 Printed 71612017 Regular Meeting Minutes June 26, 2017 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 Lori A. Jiava............................ Voter ....,.........El ...... ❑.......,........❑........,....... ❑ ..... El Defeated William H. Beale ...................... Mover.............0...... ..... ❑ ..... ...... ❑ ................... ❑........ 0 Tabled William Ciccarelli Voter ............. 0 ...... ❑....... ,........ ❑ ..... ❑ ..... ❑ Withdrawn John J. Fenton ........................... Seconder ... ........ D .................. ❑.................❑ ................ ❑..... Next: 7/10/177:30 PM Michael Kuzmicz ....................................„................„.................,............... Voter 0 ❑ 0 0 Dated: Wappingers Falls, New York June 26, 2017 The Resolution is hereby duly declared Tabled. RESOLUTION: 2017-123 Resolution Adopting Proposed Amendment To Town Comprehensive Plan In Connection With Degarmo Plaza WHEREAS, the Town Board is considering an amendment to the Town Comprehensive Plan for the purpose of adding a small amount of property to the Commercial designation as a result of what was perhaps an inadvertent omission; and WHEREAS, the subject property is part of the DeGarmo Plaza shopping center and is known as tax parcel 6258-02-781586 (the "Subject Property"), which is located immediately to the north and east of the lot comprising the majority of the shopping center (tax parcel 6258-02-759569) on Myers Corners Road; and WHEREAS, a Public Hearing on the proposed amendment to the Comprehensive Plan 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 amendment or any part thereof; and Town of Wappinger Page 5 Printed 71612017 Regular Meeting Minutes June 26, 2017 WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the rezoning of the two above mentioned tax parcels and an amendment to the Town Comprehensive Plan regarding the Subject Property; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, the Town Board referred the proposed amendment to the Town Planning Board for its advisory opinion; and WHEREAS, although the Town Planning Board recommended that the subject properties be rezoned from the Neighborhood Business District to the Shopping Center District, the Planning Board did not specifically respond to the Town Board's referral of the proposed amendment to the Comprehensive Plan; and WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed amendment to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD stated that this is a "Matter of Local Concern;" and WHEREAS, the Town Board has given due consideration to the comments of the Town Planning Board and the DCDPD; and WHEREAS, said amendment 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, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to the State Environmental Quality Review regulations, the Town Board hereby adopts the attached Negative Declaration for the reasons stated therein, thereby finding that the Proposed Action will not result in any significant adverse environmental impacts, and consequently finding that a Draft Environmental Impact Statement will not be required and that the SEQRA process is therefore complete. 3. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt the proposed amendment to the Town Comprehensive Plan as shown on attached Exhibit A entitled, "Proposed DeGarmo Plaza Amendment of Comprehensive Plan," and dated May 16, 2017, a copy of which is attached hereto and made a part of this resolution; except as specifically modified by the amendment contained therein, the Town Comprehensive Plan, as originally adopted and amended from time to time thereafter, is to remain in full force and effect. 4. The Town Clerk is directed to enter said amendment to the Town Comprehensive Plan in the minutes of this meeting into the records of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 6 Printed 71612017 Regular Meeting Minutes June 26, 2017 ✓ Vote Record - Resolution RES -2017-123 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A. Jiava Voter 0El❑ ❑ El Defeated ......................Voter.................... .eale William HB 0 ........................... ❑ ❑ .......... ❑ 0 Tabled WilliamCiccarelli ...................... Seconder.........D .................. ❑................... ❑................ ❑...... Fl Withdrawn John J. Fenton .......................... Voter... ......D.................. ❑................... ❑................ ❑....... Next: 7/10/177:30 PM. MichaelKuzmicz ...............Mover..... . . ... ......D.........,........❑........,........❑........,.......❑..... Dated: Wappingers Falls, New York June 26, 2017 The Resolution is hereby duly declared Tabled. RESOLUTION: 2017-124 Resolution Adopting Local Law No. 5 Of 2017 Which Would Amend Chapter 240, Zoning, Of The Town Code By Modifying The Shopping Center (Sc) District And Changing The Zoning Of Two Parcels To Sc WHEREAS, the Town Board is considering the adoption of Local Law No. 5 of 2017 which would amend Chapter 240, Zoning, of the Town Code by modifying the Shopping Center (SC) District and changing the zoning of two parcels to SC; and WHEREAS, a Public Hearing on the proposed Local Law 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 has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, on June 12, 2017 and pursuant to the State Environmental Quality Review regulations, the Town Board hereby adopted a Negative Declaration for the reasons stated therein, thereby finding that the proposed Local Law will not result in any significant adverse environmental impacts, and consequently finding that a Draft Environmental Impact Statement will not be required and that the SEQRA process is therefore complete; and WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; and WHEREAS, in response to said referral the Town Planning Board responded and stated: "....at the Planning Board meeting held on March 6, 2017, the board voted favorably to the rezoning of DeGarmo Plaza from Neighborhood Business to Shopping Zoning District;" and WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and Town of Wappinger Page 7 Printed 71612017 Regular Meeting Minutes June 26, 2017 WHEREAS, in response to said referral the DCDPD offered comments and concluded that: "....our Department recommends that parcels 6258-02-759569 and 6258-02-781586 not be rezoned to Shopping Center District. We also recommend the Board not adopt the proposed change to the Schedule of Dimensional Regulations Table ..... If the Board acts contrary to our recommendation, the law requires that it do so by a majority plus one of the full membership of the Board and that it notify us of the reasons for its decision;" and WHEREAS, the Town Board has given due consideration to the comments of the Town Planning Board and the DCDPD; 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, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law, and the Town Board hereby adopts Local Law No. _ of 2017, a copy of which is attached hereto and made a part of this resolution; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter, is to remain in full force and effect. 3. 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 to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-124 ❑ Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Lori A. Jiava............................Voter . ...,........ 0 ...... ❑....... ,........ ❑ ..... ❑ ..... ❑ Defeated William H. Beale ......................... Seconder ........... D ...................❑ ................. ❑.................. ❑ ..... D Tabled William ciccarelli ..... ...... Voter ...................................................................... 0 0 0 0 ❑ Withdrawn John J. Fenton..........................Voter... .......D.................❑................ ❑ ..... .....❑..... Next: 7/10/177:30 PM Mich-7,"I'micz .....................Mover..... ......D.........,........❑........,........❑........,.......❑..... Dated: Wappingers Falls, New York June 26, 2017 The Resolution is hereby duly declared Tabled. RESOLUTION: 2017-132 Resolution Accepting First Reduction In The Security Posted With The Performance Agreement Secured By A Letter Of Credit In Connection With The Ridges Subdivision WHEREAS, by Resolution 2016-125, the Town Board accepted a Performance Agreement executed by Mid -Hudson Holdings, LLC and personally guaranteed by John Goetz, a Managing Member of Mid -Hudson Holdings, LLC., secured by an Irrevocable Letter of Credit issued by Rhinebeck Bank in the principal sum of Four Hundred Three Thousand Five Hundred Sixty -Seven 20/100 Dollars Town of Wappinger Page 8 Printed 71612017 Regular Meeting Minutes June 26, 2017 ($403,567.20) in favor of the Town of Wappinger as the guarantee of completion of the construction, installation and dedication of improvements required for The Ridges Subdivision; and WHEREAS, Mid -Hudson Holdings, LLC has completed most of the required improvements for said subdivision; and WHEREAS, by letter dated June 21, 2017, a copy of which is affixed hereto, Robert J. Gray, P.E. of Morris Associates Engineering & Surveying Consultants, PLLC, has recommended a reduction in the security posted to the sum of One Hundred Four Thousand Four Hundred Sixty -Four 80/100 Dollars ($104,464.80); and WHEREAS, the Town of Wappinger Highway Superintendent concurs in the reduction in the Irrevocable Letter of Credit to sum of One Hundred Four Thousand Four Hundred Sixty -Four 80/100 ($104,464.80); and WHEREAS, the Town Board hereby agrees to and authorizes a reduction in the security posted with the Performance Agreement, and hereby agrees to accept a reduced Irrevocable Letter of Credit in the sum of One Hundred Four Thousand Four Hundred Sixty -Four 80/100 Dollars (S 104,464.80) as security to guarantee the completion of the remaining work. 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 agrees to accept a reduced Irrevocable Letter of Credit in the amount of One Hundred Four Thousand Four Hundred Sixty -Four 80/100 Dollars (S 104,464.80), as the security posted with the Performance Agreement so as to insure that the improvements required for The Ridges Subdivision will be properly completed and maintained as required by the Planning Board Resolution of Approval dated June 15, 2015. The Letter of Credit previously posted in the sum of Four Hundred Three Thousand Five Hundred Sixty - Seven 20/100 Dollars ($403,567.20) is hereby authorized to be released by the Town Clerk to Mid - Hudson Holdings, LLC upon delivery of a reduced Irrevocable Letter of Credit in the sum of One Hundred Four Thousand Four Hundred Sixty -Four 80/100 Dollars (S 104,464.80) in form acceptable to the Attorney to the Town. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-132 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Lori A. Jiava Voter 0 ❑ ❑ ❑ El Defeated William H. Beale ..................... Seconder .............. 0 ....... ......... ❑ ....... ......... ❑ ....... ....... ❑ ....... . El Tabled William Ciccarelli Mover D El❑ ❑ El Withdrawn Withdrawn John J. Fenton Vote ...............Voter... 0 El ❑ ❑ Michael Kuzmicz D.........,........❑........,........❑........,.......❑..... Dated: Wappingers Falls, New York June 26, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-125 Resolution Ordering The Abatement Of Property Maintenance Violations At 1 Circle Drive WHEREAS, SD Funding, Inc., is the last known owner of real property shown on the tax records and the tax map of the Town of Wappinger as Tax Parcel ID # 6056-01-237810, having a street address of 1 Circle Drive ("Property"); and Town of Wappinger Page 9 Printed 71612017 Regular Meeting Minutes June 26, 2017 WHEREAS, there is no record of a mortgage on the Property; and WHEREAS, the Town of Wappinger received complaints that the Property had become overgrown with grass and weeds and that it was unsightly; and WHEREAS, an Enforcement Official of the Town of Wappinger observed the existence of weeds and/or grass on the Property that exceeds ten (10) inches in height which violates § 185-3(C) of the Town of Wappinger Code on June 16, 2017 and thereafter issued a Notice of Violation & Order to Remedy High Grass & Weeds dated June 19, 2017 (copy attached as Exhibit "A"), which informed any person in control of the property that they had an opportunity to appear and be heard at this meeting of the Town Board to offer proof that the property is in compliance with the standards of Chapter 185 of the Town Code or that additional time is needed to take corrective action to cure the violation; and WHEREAS, an Enforcement Official of the Town of Wappinger filed a written report with the Town Board of the Town of Wappinger noting that he/she had inspected the Property and found that weeds and/or grass on the property exceeded ten (10) inches and the Property was not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; and WHEREAS, a Public Hearing was held on June 26, 2017 and all parties in attendance were permitted an opportunity to speak regarding the maintenance conditions of the Property; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that the height of weeds and/or grass on the property exceeds ten (10) inches in height and the Property is not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; that such condition has continued after the Order to Remedy was duly issued and it is determined that abatement of the high grass and weeds is now required. 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 directs that the Supervisor of Buildings and Grounds dispatch workers to the Property to cut the grass and weeds as soon as possible. 3. In the event, that the Department of Buildings and Grounds is unable to mow the Property, the Supervisor of the Town or the Supervisor of Buildings and Grounds is authorized to engage the services of a landscape contractor to undertake such work as expeditiously as possible, which is not subject to competitive bidding. 4. In either case, accurate records of the labor and material costs required to perform the abatement work at the Property shall be kept so that they can be assessed and levied against the Property. 5. Claims for all work performed on the property shall be audited and approved in accordance with Article 8 of the Town Law. 6. A notice stating the total amount due and the nature of the charge shall be mailed by the Town to the last known address of the person whose name appears on the records in the office of the Town Assessor as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to Section 185- 6 of the Town Code. The property owner shall have 10 days, after a copy of the notice establishing the costs and expenses is received to challenge any of the costs incurred by the Town. 7. After expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Assessor to the Town to be levied and Town of Wappinger Page 10 Printed 71612017 Regular Meeting Minutes June 26, 2017 assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town charges. 8. The Town Clerk is directed to mail the annexed Order of Abatement (copy attached as Exhibit "B") within two (2) days hereof to the Property Owner at the addresses shown on said Order. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-125 Yes/Aye No/Nay Abstain Absent D Adopted " ..... ........❑ "..............❑ "............ """.... ❑ Adopted as Amended Lori A. Jiava .... ............................ Voter .................. D .... .... ... ... .. ❑ .. .... ❑ Defeated William H. Beale ................... Voter.....,.........0...... ❑ .... ❑ ......,..... ❑ ... ❑ Tabled ................... William Ciccarelli"" Voter D El❑ ❑ El Withdrawn John J. Fenton .......................Seconder Mover .........D D ........,........ El ❑ ❑ .......❑ ..... Michael Kuzmicz El........,........ ❑........, Dated: Wappingers Falls, New York June 26, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-126 Resolution Ordering The Abatement Of Property Maintenance Violations At 111 All Angels Hill Road WHEREAS, HSBC Bank USA NA, are the last known owners of real property shown on the tax records and the tax map of the Town of Wappinger as Tax Parcel ID # 6258-02- 572600, having a street address of 111 All Angels Hill Road ("Property"); and WHEREAS, the Town of Wappinger received complaints that the Property had become overgrown with grass and weeds and that it was unsightly; and WHEREAS, an Enforcement Official of the Town of Wappinger observed the existence of weeds and/or grass on the Property that exceeds ten (10) inches in height which violates § 185-3(C) of the Town of Wappinger Code on June 16, 2017 and thereafter issued a Notice of Violation & Order to Remedy High Grass & Weeds dated June 19, 2017 (copy attached as Exhibit "A"), which informed any person in control of the property that they had an opportunity to appear and be heard at this meeting of the Town Board to offer proof that the property is in compliance with the standards of Chapter 185 of the Town Code or that additional time is needed to take corrective action to cure the violation; and WHEREAS, an Enforcement Official of the Town of Wappinger filed a written report with the Town Board of the Town of Wappinger noting that he/she had inspected the Property and found that weeds and/or grass on the property exceeded ten (10) inches and the Property was not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; and WHEREAS, a Public Hearing was held on June 26, 2017 and all parties in attendance were permitted an opportunity to speak regarding the maintenance conditions of the Property; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that the height of weeds and/or grass on the property exceeds ten (10) inches in height and the Town of Wappinger Page 11 Printed 71612017 Regular Meeting Minutes June 26, 2017 Property is not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; that such condition has continued after the Order to Remedy was duly issued and it is determined that abatement of the high grass and weeds is now required. 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 directs that the Supervisor of Buildings and Grounds dispatch workers to the Property to cut the grass and weeds as soon as possible. 3. In the event that the Department of Buildings and Grounds is unable to mow the Property, the Supervisor of the Town or the Supervisor of Buildings and Grounds is authorized to engage the services of a landscape contractor to undertake such work as expeditiously as possible, which is not subject to competitive bidding. 4. In either case, accurate records of the labor and material costs required to perform the abatement work at the Property shall be kept so that they can be assessed and levied against the Property. 5. Claims for all work performed on the property shall be audited and approved in accordance with Article 8 of the Town Law. 6. A notice stating the total amount due and the nature of the charge shall be mailed by the Town to the last known address of the person whose name appears on the records in the office of the Town Assessor as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to Section 185- 6 of the Town Code. The property owner shall have 10 days, after a copy of the notice establishing the costs and expenses is received to challenge any of the costs incurred by the Town. 7. After expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Assessor to the Town to be levied and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town charges. 8. The Town Clerk is directed to mail the annexed Order of Abatement (copy attached as Exhibit "B") within two (2) days hereof to the Property Owner and the mortgagee of record at the addresses shown on said Order. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-126 Yes/Aye No/Nay Abstain Absent D Adopted ..D .........,.........❑.. ....,.........❑........,.......❑..... ❑ Adopted as Amended Lori A.Jiava ....... Voter ........... ..... .. .. ... ..... ❑ Defeated William H. Beale ......................................................................... Voter D „❑ ......... „ ❑ ............ ❑ ...d....... ❑ Tabled William Ciccarelli ......................................................................................... Voter D ❑ ..................................... ❑ ❑. ❑ Withdrawn John J. Fenton ...................... Seconder ..... ...... El ❑ ........,........ ❑ ❑ .......❑ ..... IlI Michael Kuzmicz Mover D.........,........ ❑ ❑........ , Dated: Wappingers Falls, New York June 26, 2017 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 12 Printed 71612017 Regular Meeting Minutes June 26, 2017 RESOLUTION: 2017-127 Resolution Ordering The Abatement Of Property Maintenance Violations At 43 Middlebush Road WHEREAS, Adam White and Michael Volkmann, are the last known owners of real property shown on the tax records and the tax map of the Town of Wappinger as Tax Parcel ID 4 6157-01-487887, having a street address of 43 Middlebush Road ("Property"); and WHEREAS, the Town of Wappinger received complaints that the Property had become overgrown with grass and weeds and that it was unsightly; and WHEREAS, an Enforcement Official of the Town of Wappinger observed the existence of weeds and/or grass on the Property that exceeds ten (10) inches in height which violates § 185-3(C) of the Town of Wappinger Code on June 16, 2017 and thereafter issued a Notice of Violation & Order to Remedy High Grass & Weeds dated June 19, 2017 (copy attached as Exhibit "A"), which informed any person in control of the property that they had an opportunity to appear and be heard at this meeting of the Town Board to offer proof that the property is in compliance with the standards of Chapter 185 of the Town Code or that additional time is needed to take corrective action to cure the violation; and WHEREAS, an Enforcement Official of the Town of Wappinger filed a written report with the Town Board of the Town of Wappinger noting that he/she had inspected the Property and found that weeds and/or grass on the property exceeded ten (10) inches and the Property was not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; and WHEREAS, a Public Hearing was held on June 26, 2017 and all parties in attendance were permitted an opportunity to speak regarding the maintenance conditions of the Property; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that the height of weeds and/or grass on the property exceeds ten (10) inches in height and the Property is not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; that such condition has continued after the Order to Remedy was duly issued and it is determined that abatement of the high grass and weeds is now required. 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 directs that the Supervisor of Buildings and Grounds dispatch workers to the Property to cut the grass and weeds as soon as possible. 3. In the event that the Department of Buildings and Grounds is unable to mow the Property, the Supervisor of the Town or the Supervisor of Buildings and Grounds is authorized to engage the services of a landscape contractor to undertake such work as expeditiously as possible, which is not subject to competitive bidding. 4. In either case, accurate records of the labor and material costs required to perform the abatement work at the Property shall be kept so that they can be assessed and levied against the Property. 5. Claims for all work performed on the property shall be audited and approved in accordance with Article 8 of the Town Law. 6. A notice stating the total amount due and the nature of the charge shall be mailed by the Town to the last known address of the person whose name appears on the records in the office of the Town Assessor as being the owner or agent or as the person designated by the Town of Wappinger Page 13 Printed 71612017 Regular Meeting Minutes June 26, 2017 owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to Section 185- 6 of the Town Code. The property owner shall have 10 days, after a copy of the notice establishing the costs and expenses is received to challenge any of the costs incurred by the Town. 7. After expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Assessor to the Town to be levied and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town charges. 8. The Town Clerk is directed to mail the annexed Order of Abatement (copy attached as Exhibit "B") within two (2) days hereof to the Property Owner and the mortgagee of record at the addresses shown on said Order. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-127 Yes/Aye No/Nay Abstain Absent D Adopted .Lori .............. ..❑.. ....,.... ..❑........,... ..❑..... ❑ Adopted as Amended A. Jiava ...... Voter... ........... D ......... ........ ....... . ❑ Defeated William H. Beale ............... .William Mover D ......,...... ❑ ❑ .... . ❑ ... ..... ❑ Tabled Ciccarelli ......................Voter... D.........,...... ❑ ......,........ ❑ ❑ ❑ Withdrawn John J. Fenton .......................Seconder Voter ........ D ❑ ........,........ ❑ ❑ ..... Michael Kuzmicz D.........,........❑ ❑........,.......❑ Dated: Wappingers Falls, New York June 26, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-128 Resolution Ordering The Abatement Of Property Maintenance Violations At 12 Robin Lane WHEREAS, John and Debra Proctor, are the last known owners of real property shown on the tax records and the tax map of the Town of Wappinger as Tax Parcel ID 4 6258-04- 658160, having a street address of 12 Robin Lane ("Property"); and WHEREAS, the Town of Wappinger received complaints that the Property had become overgrown with grass and weeds and that it was unsightly; and WHEREAS, an Enforcement Official of the Town of Wappinger observed the existence of weeds and/or grass on the Property that exceeds ten (10) inches in height which violates § 185-3(C) of the Town of Wappinger Code on June 16, 2017 and thereafter issued a Notice of Violation & Order to Remedy High Grass & Weeds dated June 19, 2017 (copy attached as Exhibit "A"), which informed any person in control of the property that they had an opportunity to appear and be heard at this meeting of the Town Board to offer proof that the property is in compliance with the standards of Chapter 185 of the Town Code or that additional time is needed to take corrective action to cure the violation; and WHEREAS, an Enforcement Official of the Town of Wappinger filed a written report with the Town Board of the Town of Wappinger noting that he/she had inspected the Property and found that weeds and/or grass on the property exceeded ten (10) inches and the Property was Town of Wappinger Page 14 Printed 71612017 Regular Meeting Minutes June 26, 2017 not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; and WHEREAS, a Public Hearing was held on June 26, 2017 and all parties in attendance were permitted an opportunity to speak regarding the maintenance conditions of the Property; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that the height of weeds and/or grass on the property exceeds ten (10) inches in height and the Property is not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; that such condition has continued after the Order to Remedy was duly issued and it is determined that abatement of the high grass and weeds is now required. 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 directs that the Supervisor of Buildings and Grounds dispatch workers to the Property to cut the grass and weeds as soon as possible. 3. In the event that the Department of Buildings and Grounds is unable to mow the Property, the Supervisor of the Town or the Supervisor of Buildings and Grounds is authorized to engage the services of a landscape contractor to undertake such work as expeditiously as possible, which is not subject to competitive bidding. 4. In either case, accurate records of the labor and material costs required to perform the abatement work at the Property shall be kept so that they can be assessed and levied against the Property. 5. Claims for all work performed on the property shall be audited and approved in accordance with Article 8 of the Town Law. 6. A notice stating the total amount due and the nature of the charge shall be mailed by the Town to the last known address of the person whose name appears on the records in the office of the Town Assessor as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to Section 185- 6 of the Town Code. The property owner shall have 10 days, after a copy of the notice establishing the costs and expenses is received to challenge any of the costs incurred by the Town. 7. After expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Assessor to the Town to be levied and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town charges. 8. The Town Clerk is directed to mail the annexed Order of Abatement (copy attached as Exhibit "B") within two (2) days hereof to the Property Owner and the mortgagee of record at the addresses shown on said Order. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-128 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended . Ori A. Jiava ...... Voter 0 ......... ❑ ........ ❑ ....... . ❑ ❑ Defeated . William H. Beale ............... Voter .. D ......,...... ❑ ❑ .... . ❑ ... ..... ❑ Tabled William Ciccarelli ......................Voter... D.........,...... ❑ ......,........ ❑ ❑ ❑ Withdrawn John J. Fenton .......................Seconder Mover ........ D ❑ ........,........ ❑ ❑ ..... Michael Kuzmicz D.........,........❑ ❑........,.......❑ Town of Wappinger Page 15 Printed 71612017 Regular Meeting Minutes June 26, 2017 Dated: Wappingers Falls, New York June 26, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-129 Resolution Ordering The Abatement Of Property Maintenance Violations At 12 Doyle Drive WHEREAS, John and Patricia Toia, are the last known owners of real property shown on the tax records and the tax map of the Town of Wappinger as Tax Parcel ID 4 6257-02- 849542, having a street address of 12 Doyle Drive ("Property"); and WHEREAS, the Town of Wappinger received complaints that the Property had become overgrown with grass and weeds and that it was unsightly; and WHEREAS, an Enforcement Official of the Town of Wappinger observed the existence of weeds and/or grass on the Property that exceeds ten (10) inches in height which violates § 185-3(C) of the Town of Wappinger Code on June 15, 2017 and thereafter issued a Notice of Violation & Order to Remedy High Grass & Weeds dated June 19, 2017 (copy attached as Exhibit "A"), which informed any person in control of the property that they had an opportunity to appear and be heard at this meeting of the Town Board to offer proof that the property is in compliance with the standards of Chapter 185 of the Town Code or that additional time is needed to take corrective action to cure the violation; and WHEREAS, an Enforcement Official of the Town of Wappinger filed a written report with the Town Board of the Town of Wappinger noting that he/she had inspected the Property and found that weeds and/or grass on the property exceeded ten (10) inches and the Property was not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; and WHEREAS, a Public Hearing was held on June 26, 2017 and all parties in attendance were permitted an opportunity to speak regarding the maintenance conditions of the Property; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that the height of weeds and/or grass on the property exceeds ten (10) inches in height and the Property is not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; that such condition has continued after the Order to Remedy was duly issued and it is determined that abatement of the high grass and weeds is now required. 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 directs that the Supervisor of Buildings and Grounds dispatch workers to the Property to cut the grass and weeds as soon as possible. 3. In the event that the Department of Buildings and Grounds is unable to mow the Property, the Supervisor of the Town or the Supervisor of Buildings and Grounds is authorized to engage the services of a landscape contractor to undertake such work as expeditiously as possible, which is not subject to competitive bidding. Town of Wappinger Page 16 Printed 71612017 Regular Meeting Minutes June 26, 2017 4. In either case, accurate records of the labor and material costs required to perform the abatement work at the Property shall be kept so that they can be assessed and levied against the Property. 5. Claims for all work performed on the property shall be audited and approved in accordance with Article 8 of the Town Law. 6. A notice stating the total amount due and the nature of the charge shall be mailed by the Town to the last known address of the person whose name appears on the records in the office of the Town Assessor as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to Section 185- 6 of the Town Code. The property owner shall have 10 days, after a copy of the notice establishing the costs and expenses is received to challenge any of the costs incurred by the Town. 7. After expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Assessor to the Town to be levied and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town charges. 8. The Town Clerk is directed to mail the annexed Order of Abatement (copy attached as Exhibit "B") within two (2) days hereof to the Property Owner and the mortgagee of record at the addresses shown on said Order. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-129 Yes/Aye No/Nay Abstain Absent D Adopted .Lori .............. ..❑.. ....,.... ..❑........,... ..❑..... ❑ Adopted as Amended A. Jiava ...... Voter... D ......... ........ ....... . ❑ Defeated William H. Beale ............... .William Voter .. D ......,...... ❑ ❑ .... . ❑ ... ..... ❑ Tabled Ciccarelli ......................Voter... D.........,...... ❑ ......,........ ❑ ❑ ❑ Withdrawn John J. Fenton .......................Seconder Mover ........ D ❑ ........,........ ❑ ❑ ..... Michael Kuzmicz D.........,........❑ ❑........,.......❑ Dated: Wappingers Falls, New York June 26, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-130 Resolution Ordering The Abatement Of Property Maintenance Violations At 33 Bowdoin Lane WHEREAS, Ventures Trust 2013 -I -H -R by MCM Capital Partners, LLC, are the last known owners of real property shown on the tax records and the tax map of the Town of Wappinger as Tax Parcel ID 4 6057-040808482, having a street address of 33 Bowdoin Lane ("Property"); and WHEREAS, the Town of Wappinger received complaints that the Property had become overgrown with grass and weeds and that it was unsightly; and WHEREAS, an Enforcement Official of the Town of Wappinger observed the existence of weeds and/or grass on the Property that exceeds ten (10) inches in height which violates Town of Wappinger Page 17 Printed 71612017 Regular Meeting Minutes June 26, 2017 § 185-3(C) of the Town of Wappinger Code on June 16, 2017 and thereafter issued a Notice of Violation & Order to Remedy High Grass & Weeds dated June 19, 2017 (copy attached as Exhibit "A"), which informed any person in control of the property that they had an opportunity to appear and be heard at this meeting of the Town Board to offer proof that the property is in compliance with the standards of Chapter 185 of the Town Code or that additional time is needed to take corrective action to cure the violation; and WHEREAS, an Enforcement Official of the Town of Wappinger filed a written report with the Town Board of the Town of Wappinger noting that he/she had inspected the Property and found that weeds and/or grass on the property exceeded ten (10) inches and the Property was not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; and WHEREAS, a Public Hearing was held on June 26, 2017 and all parties in attendance were permitted an opportunity to speak regarding the maintenance conditions of the Property; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that the height of weeds and/or grass on the property exceeds ten (10) inches in height and the Property is not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; that such condition has continued after the Order to Remedy was duly issued and it is determined that abatement of the high grass and weeds is now required. 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 directs that the Supervisor of Buildings and Grounds dispatch workers to the Property to cut the grass and weeds as soon as possible. 3. In the event that the Department of Buildings and Grounds is unable to mow the Property, the Supervisor of the Town or the Supervisor of Buildings and Grounds is authorized to engage the services of a landscape contractor to undertake such work as expeditiously as possible, which is not subject to competitive bidding. 4. In either case, accurate records of the labor and material costs required to perform the abatement work at the Property shall be kept so that they can be assessed and levied against the Property. 5. Claims for all work performed on the property shall be audited and approved in accordance with Article 8 of the Town Law. 6. A notice stating the total amount due and the nature of the charge shall be mailed by the Town to the last known address of the person whose name appears on the records in the office of the Town Assessor as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to Section 185- 6 of the Town Code. The property owner shall have 10 days, after a copy of the notice establishing the costs and expenses is received to challenge any of the costs incurred by the Town. 7. After expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Assessor to the Town to be levied and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town charges. Town of Wappinger Page 18 Printed 71612017 Regular Meeting Minutes June 26, 2017 8. The Town Clerk is directed to mail the annexed Order of Abatement (copy attached as Exhibit "B") within two (2) days hereof to the Property Owner and the mortgagee of record at the addresses shown on said Order. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-130 Yes/Aye No/Nay Abstain Absent D Adopted „.... . El Adopted as Amended . Ori A. Jiava Voter ... 0 El ❑ El Defeated William H. Beale ....................Mover .WilliamCiccarelli ..E.. ......D.........,...... El......,...... ❑ ... ....... ❑..... ..0.. El Tabled .....................Voter... ....... ................ El Withdrawn John J . Fenton .......................Seconder Voter ........ 0 El ........,........ ❑ ❑ ..... Michael Kuzmicz D.........,........❑ ❑........,.......❑ Dated: Wappingers Falls, New York June 26, 2017 The Resolution is hereby duly declared Adopted. X. Items for Special Consideration/New Business Attorney Roberts suggested signs for canine waste be posted by the Highway Department on Amherst and Bowdoin Lane. 1. Motion To: Request Highjway Department to Post Canine Waste signs on Amhearst and Bowdoin Lane paid Out of B Fund Contingency Attorney Roberts suggested signs for canine waste be posted by the Highway Department on Amherst and Bowdoin Lane. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Request to Move $1,800 from A7110.239 to Castlepoint A7110.402 This was to renovate the Castlepoint Ken Brown memorial. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz XI. Executive Session 1. Motion To: Enter Executive Session Town of Wappinger Page 19 Printed 71612017 Regular Meeting Minutes June 26, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: John J. Fenton, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 3. Motion To: Reduce Rent for Sports Museum at $100 per month and refund retroactively from Earlier in the Year The amount of refund will be finalized by the Com RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz XII. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 10:00 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 20 Printed 71612017 Packet Pg. 21 A t. (a 0 0 0 0 0 0 0 0 O N N N N N N N N CD N 0 N M N CD N O N (D N O N Cfl N C O O Cfl m CD CO Cfl co d Im Q (D N N � Q 06 L r ~ >cu E r > a) Q a N o Q c � > o o C oO L Lu Q cv N a_ O LL N L 10 Q Q _1 F, U)O O NN O O a) cn >>—N E YQQ Oti N ®1� O to N 1 m °O O J o L O � N m O O VN� J0-- w m z w O 04 4 r 0 T 0 r 0 r 0 r 0 r 0 T 0 r 0 N NN � � N N N N N i C) +- O NCD— 0`0 N N - M - ch - Ln N N Q O Cfl CD Cfl Cfl O CD p 1 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 ®1 N N N N N N N N !4 Cfl CD ` N C2 N C-4 �+ C° �W V (0O (O (0 CSD ro CL E C O N W U- 2 N 0. (SS CO N L L 2 a. N O O ® E O O Qm Q (6�z°a U ° c co cn U L EE IOUQ>Ucu ° o o m 00-000000 m -r- m m COMM m a� 0 0 0 0 0 0 0 0 L r N co In CO I` c0 . 0 0 0 0 0 0 0 0 E 0 0 0 0 0 0 0 0 3 O CD CD co CO CD CD CO Z N N N N N N N N CO CO c0 CO CD CO CO r -O 0 0 0 0 0 0 0 0 Packet Pg. 21 A t. ao7- /oh/ab-aa�" Abstract of Claim and Warrant for Payment of Claim Audited by Town Comptroller - Y 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-Y Vendor A (General Town wide) B (General Part Town) DB (Highway Fund) T92 (Planning & Zoning Escrows) HWN (Wapp Water Main) Central Hudson 764.95 Camo Camo Camo 64.25 �� Northern Safety 193.38 JUN Signal Graphics 49.76 Signal Graphics 54.51 T WN OF TOW James Baisley 750.00 James Baisley 1,050.00 Lori Jiava Reimburse 93.95 Bottoni Fuel 3,980.67 Bottoni Fuel 346.23 Corbin Excavating 594.00 Al Roberts 774.00 5,544.00 AI Roberts 288.00 AI Roberts 90.00 AI Roberts 1,296.00 Al Roberts Al Roberts 828.00 AI Roberts Al Roberts 612.00 AI Roberts 54.00 Al Roberts 3,528.00 Al Roberts 5 2017 NAPPINGER CLERK Packet Pg. 22 3,294.00 Al Roberts 15,408.00 2,682.00 First Unum Life Ins 192.47 50.65 Coffee Systems 64.64 Frederick Clark Frederick Clark 992.00 Ben Funk Hud Riv Trk Equip Adam's Power Equip 99.90 William Murnane Reim 307.98 Thalle Ind Vincent Bettina Reim Hillman Signs Advance Auto Parts 184.13 Staples 163.69 Staples 57.17 West Tractor Vignogna Wells Fargo 336.76 Aflac Eye Med 292.78 71.42 John George Reimb Brian Long Painter 700.00 R. Costa Electric 979.90 Big Top Porta Johns 110.00 Verizon Wireless 396.86 402.42 Stormwater 550.00 Stormwater Stormwater Stormwater 192.47 587.34 567.95 943.02 19.00 800.00 267.13 15.00 16.50 367.50 1,225.00 300.00 525.00 5.1.a Packet Pg. 23 b. Stormwater T16 Aflac WF (Fleetwood Water) WH (Watch Hill Water 800.00 WU (United Wappinger Water Stormwater 550.00 Inter City Tire 2,820.83 445.20 2,541.67 88,750.00 Sarjo Ind 26.72 Healey Chevrolet 36.42 Healey Chevrolet 35.95 Roberts IT Consulting 2,082.50 Totals $22,312.32 $12,711.02 $11,258.33 $10,985.50 $828.00 Vendor T16 Aflac WF (Fleetwood Water) WH (Watch Hill Water WT (Tall Trees Water WU (United Wappinger Water Central Hudson Camo 2,820.83 1,708.33 2,541.67 88,750.00 Camo Camo Northern Safety Signal Graphics Signal Graphics James Baisley James Baisley Lori Jiava Reimburse Bottoni Fuel Bottoni Fuel Corbin Excavating Al Roberts AI Roberts Al Roberts AI Roberts Al Roberts 108.00 AI Roberts Al Roberts Al Roberts Al Roberts Al Roberts AI Roberts 5.1.a Packet Pg. 24 b. AI Roberts First Unum Life Ins Coffee Systems Frederick Clark Frederick Clark Ben Funk Hud Riv Trk Equip Adam's Power Equip William Murnane Reim Thalle Ind Vincent Bettina Reim Hillman Signs Advance Auto Parts Staples Staples West Tractor Vignogna Wells Fargo Aflac 110.60 Eye Med John George Reimb Brian Long Painter R. Costa Electric Big Top Porta Johns Verizon Wireless Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Inter City Tire Sarjo Ind Healey Chevrolet Healey Chevrolet Roberts IT Consulting Totals $110.60 820.83 1 $1,708.33 1 $2,541.67 1 $88,858.00 5.1.a Packet Pg. 25 Vendor SF (Fleetwood Sewer) SM (Midpoint Sewer) SU (United Wapp Sewer) SW (Wildwood Sewer Central Hudson Camo Carpo 8,516.67 10,166.67 58,166.67 14,541.67 Camo Northern Safety Signal Graphics Signal Graphics James Baisley James Baisley Lori Jiava Reimburse Bottoni Fuel Bottoni Fuel Corbin Excavating AI Roberts Al Roberts Al Roberts AI Roberts Al Roberts AI Roberts Al Roberts 198.00 Al Roberts Al Roberts Al Roberts Al Roberts - AI Roberts 360.00 288.00 First Unum Life Ins Coffee Systems Frederick Clark Frederick Clark Ben Funk Hud Riv Trk Equip Adam's Power Equip William Murnane Reim Thalle Ind Vincent Bettina Reim Hillman Signs Advance Auto Parts Staples Staples 5.1.a Packet Pg. 26 A t. West Tractor Vignogna Wells Fargo Aflac Eye Med John George Reimb Brian Long Painter R. Costa Electric Big Top Porta Johns Verizon Wireless Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Inter City Tire Sarjo Ind Healey Chevrolet Healey Chevrolet Roberts IT Consulting "totals $8,516.67 $10,526.67 $58,364.67 $14,829.67 $246,372.28 Vendor Town Board Hold Central Hudson - 764.95 Camo 95,820.83 Camo 91,391.68 Camo 64.25 Northern Safety 193.38 Signal Graphics 49.76 Signal Graphics 54.51 James Baisley 750.00 James Baisley 1,050.00 Lori Jiava Reimburse 93:95 Bottoni Fuel 3,980.67 Bottoni Fuel 346.23 Corbin Excavating 594.00 AI Roberts 6,318.00 5.1.a Al Roberts Packet Pg. 27 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts AI Roberts Al Roberts Al Roberts First Unum Life Ins Coffee Systems Frederick Clark Frederick Clark Ben Funk Hud Riv Trk Equip Adam's Power Equip William Murnane Reim Thalle Ind Vincent Bettina Reim Hillman Signs Advance Auto Parts Staples Staples West Tractor Vignogna Wells Fargo Aflac Eye Med John George Reimb Brian Long Painter R. Costa Electric Big Top Porta Johns Verizon Wireless Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Inter City Tire Sarjo Ind Healey Chevrolet 108.00 828.00 198.00 612.00 54.00 3,528.00 3,294.00 18,738.00 435.59 64.64 367.50 992.00 587.34 567.95 f 307.98 943.02 19.00 800.00 184.13 163.69 57.17 267.13 15.00 336.76 110.60 364.20 16.50 700.00 979.90 110.00 799.28 550.00 1,225.00 300.00 525.00 800.00 445.20 26.72 36.42 •M 1,296.00 550.00 5.1.a Packet Pg. 28 5.1.a Healey Chevrolet 35.95 Roberts IT Consulting 2,082.50 Totals $244,148.28 $2,224.00 $246,372.28 Abstract of Claim and Warrant for Payment of Claim Audited by Town Comptroller - Z 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-Z Vendor A (General Town wide) 13 (General Part Town) ®13 (Highway Fund T96 (Road Inspection Camo 520.00 Camo 638.60 Camo Camo 260.00 Central Hudson 35.08 Central Hudson 764.05 Central Hudson 3,512.96 Central Hudson 52.65 Central Hudson 13.89 Central Hudson 43.41 Central Hudson 966.32 Central Hudson 181.07 Central Hudson 131.37 Fed Ex 24.59 Scott Volkman 2,142.00 N&S Supply 6.63 NYCOMCO 98.00 NYCOMCO Packet Pg. 29 NYS Empire H/I Prem Platt's Locksmith Pitney Bowes Pitney Bowes Royal Carting Southern Dut News Southern Dut News Southern Dut News Home Depot Home Depot Home Depot Signal Graphics DC Sheriff Zep Sales Thomson West Law Thomson West Law Vehicle Tracking Chambers Tractor Ben Funk Ben Funk DC Truck Parts Hillman Signs Hillman Signs Angel's Power Equip HV Screenprinting MVP Select 7,504.60 170.00 171.00 470.51 16,761.05 16.14 213.22 208.00 122.00 166.50 •M 3,277.53 1,860.00 9,820.90 21.97 34.98 6,308.44 1,282.04 1,050.00 936.00 445.77 2,177.88 241.10 244.50 274.50 582.00 66.95 5.1.a Packet Pg. 30 t. Custom Security Sys 210.00 Custom Security Sys 93.00 Health Quest Edu 860.00 Optimum 34.95 Optimum 270.08 Wells Fargo 323.00 Wells Fargo 327.56 Mackey Butts & Wise 157.50 Mackey Butts & Wise 122.50 Mackey Butts & Wise 87.50 Mackey Butts & Wise 52.50 Mackey Butts & Wise 735.00 Mackey Butts & Wise 122.50 PBE Auto Parts Snap On Tools DC SPCA 280.00 Planet Technologies 1,554.72 WB Mason Mickey Krisko Reimbur Lisa Spinelli Stipend 25.00 Phil Dobrovich 75.00 HR Valley Tours 2,700.00 Angela Goffrfedo Reimb 15.00 Auto Zone Auto Zone ITC Telephones 290.25 Delta Dental 1,653.70 352.67 399.22 199.99 316.32 1.50 132.69 125.99 5.1.a Packet Pg. 31 t. Sarjo Ind HMR (Water Meter Replace) LC (Cameli Lighting) 137.36 LH (Hughsonville Lighting) Sarjo Ind 726.23 Sweeper Parts 1,037.70 Haight Fire Exting 376.00 Haight Fire Exting 344.50 Jesco 163.91 Healey Chevy 187.50 Rong Jie Wu 83.87 858.31 2,690.86 Translator 140.00 John Weber 150.00 Armistead 650.00 Armistead 530.00 Hoffman Equip 115.44 Totals $42.102.94 $16,058.61 $21.532.44 $520.00 Vendor HMR (Water Meter Replace) LC (Cameli Lighting) L® (Chelsea Lighting) LH (Hughsonville Lighting) Camo Camo Camo 6,342.39 Camo Central Hudson Central Hudson Central Hudson 83.87 858.31 2,690.86 Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Fed Ex Scott Volkman 5.1.a Packet Pg. 32 t. N&S Supply NYCOMCO NYCOMCO NYS Empire H/I Prem Platt's Locksmith Pitney Bowes Pitney Bowes Royal Carting Southern Dut News Southern Dut News Southern Dut News Home Depot Home Depot Home Depot Signal Graphics DC Sheriff Zep Sales Thomson West Law Thomson West Law Vehicle Tracking Chambers Tractor Ben Funk Ben Funk DC Truck Parts Hillman Signs Hillman Signs Angel's Power Equip HV Screenprinting MVP Select Custom Security Sys Custom Security Sys Health Quest Edu Optimum Optimum Wells Fargo Wells Fargo Mackey Butts & Wise Mackey Butts & Wise Mackey Butts & Wise Mackey Butts & Wise Mackey Butts & Wise Mackey Butts & Wise PBE Auto Parts Snap On Tools DC SPCA 5.1.a Packet Pg. 33 Planet Technologies WB Mason Mickey Krisko Reimbur Lisa Spinelli Stipend Phil Dobrovich ' HR Valley Tours Angela Goffrfedo Reimb Auto Zone Auto Zone ITC Telephones Delta Dental Sarjo Ind Sarjo Ind Sweeper Parts Haight Fire Exting Haight Fire Exting Jesco Healey Chevy Rong Jie Wu Translator John Weber Armistead Armistead Hoffman Equip Totals $6,342.39 $83.87 $858.31 $2,690.86 Vendor Camo Camo Camo Camo Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Fed Ex Town Board I Hold 520.00 638.60 6,342.39 260.00 35.08 764.05 7,146.00 52.65 13.89 43.41 966.32 181.07 131.37 24.59 $90,189.42 5.1.1 Packet Pg. 34 5.1.a Scott Volkman 2,142.00 N&S Supply 6.63 NYCOMCO 98.00 NYCOMCO 1,924.00 NYS Empire H/I Prem 20,603.03 Platt's Locksmith 170.00 Pitney Bowes 171.00 Pitney Bowes 470.51 Royal Carting 16,761.05 Southern Dut News 76.33 Southern Dut News 89.69 Southern Dut News 88.99 Home Depot 21.97 Home Depot 16.14 Home Depot 34.98 Signal Graphics 213.22 DC Sheriff 6,308.44 Zep Sales 1,282.04 Thomson West Law 208.00 Thomson West Law 122.00 Vehicle Tracking 936.00 Chambers Tractor 445.77 Ben Funk 2,177.88 e Ben Funk 241.10 DC Truck Parts 244.50 Hillman Signs 274.50 s Hillman Signs 582.00 s Angel's Power Equip 66.95 HV Screenprinting 1,050.00 MVP Select 166.50 Custom Security Sys 210.00 Custom Security Sys 93.00 Health Quest Edu 860.00 Optimum 34.95 Optimum 270.08 Wells Fargo 323.00 Wells Fargo 327.56 Mackey Butts & Wise 157.50 Mackey Butts & Wise 122.50 Mackey Butts & Wise 87.50 Mackey Butts & Wise 52.50 Mackey Butts & Wise 735.00 Mackey Butts & Wise 122.50 PBE Auto Parts 399.22 Packet Pg. 35 Snap On Tools 199.99 DC SPCA 280.00 Planet Technologies 1,554.72 WB Mason 316.32 Mickey Krisko Reimbur 1.50 Lisa Spinelli Stipend 25.00 Phil Dobrovich 75.00 HR Valley Tours 2,700.00 Angela Goffrfedo Reimb 15.00 Auto Zone 132.69 Auto Zone 125.99 ITC Telephones 290.25 Delta Dental 2,006.37 Sarjo Ind 137.36 Sarjo Ind 726.23 Sweeper Parts 1,037.70 Haight Fire Exting 376.00 Haight Fire Exting 344.60 Jesco 163.91 Healey Chevy 187.50 Rong Jie Wu Translator 140.00 John Weber 150.00 Armistead 650.00 Armistead 530.00 Hoffman Equip 115.44 Totals $90,189.42 $90,189.42 $0.00 5.1.a Packet Pg. 36 t. June 6th, 2017 Mr. Joseph Paoloni — Town Clerk FOIL Officer 20 Middlebush Road Wappingers Falls NY 12590 RE: Christopher Heady — FOIL request April 11, 2017 Dear Mr. Paoloni, REGEIVBD JUN082017 SUPERVISOR OFFICE Please find the attached response from the highway Superintendent in regards to my FOIL request of April 11, 2017. After speaking with Mr. Freeman, the Executive Director on the Committee of Open Government, he stated that Mr. Bettina is NOT the FOIL Officer and cannot tell me what can or cannot be given to me. Furthermore it is against the law for him to threaten discipline of me for not signing a response to a FOIL request. I have attached a copy of the opinion from Mr. Freeman in regards to my request for information. My request, is permissible under the statute and I would appreciate this being filed as an appeal., as well as being incorporated into the Correspondence log. I will await the information I have requested. T �'nkyou for your attention, Christopher Heady 95 New Hackensack Rd #25 Wappingers Falls, NY 12590 CC: Robert Freeman, Esq. Executive Director on the Committee of Open Government. CC: Town of Wappinger Town Board CC: CSEA — C/O Doug Morrison JUN 0 8 2017 TOWN OF VIWAPPINGER TOWN CLE Packet Pg. 37 s jY .(" •F .lyil3l ntiw RECEIVE® MAY 24z017 5.1.a State of New York Department of State SUPERVISOR OFFICE Committee on Open Government One Commerce Plaza 99 Washington Ave. Albany, New York 12231 (518) 474-2518 Fax (518) 474-1927 htto:/ /«-Aw.dos.liv.gov/cOOg/­­ FOIL-AO-17126 April 18, 2008 The staff of the Committee on Open Government is authorized to issue advisory opinions. The ensuing staff adviso opinion is based solely upon the facts presented in your correspondence. Dear I have received your letter and the correspondence relating to it. You have sought an advisory opinion Freedom of Information Law to Erie concerning the propriety of a partial denial of your request made under the application for employment and educational background of a County. The records withheld involve the resume, the denial was sustained following your appeal based on a contention specific County employee, and were informed invasion, of privacy pursuant to Public Officers Law §87(2). "would constitute an unwarranted that you could further appeal in accordance with an Erie County Local Law No. 8. the records in question must be o Based on judicial precedent, I believe that substantial portions of CL disclosed. In this regard, I offer the following comments. By way of background, the Freedom of Information Law is based upon a presumption of access. Stated thereof fall within one differently, all records of an agency are available, except to the extent that records or portions for denial appearing in §87(2)(a) through 0) of the Law. Most relevant is §87(2)(b), which states that .. or more grounds an agency may withhold records to the extent that disclosure would constitute "an unwarranted invasion of personal privacy." Judicial decisions clearly indicate that public officers and employees enjoy a lesser degree of privacy t an to be more accountable than ° others, for it has been found in various contexts that those individuals are required a rule, records that are relevant to the performance of the official ° others. The courts have found that, as general officer or employee are available, for disclosure in such instances would result in a permissibleUJ duties a 372 NYS 2d W of public rather than an unwarranted invasion of personal privacy [see e.g., Farrell v Village Board of Trustees, AD 2d 309 (1977), affd 45 NY 2d 954 (1978); Stnicropi v. County of 905 (1975); Gannett Co. v. County of Monroe, 59 S Ct. Wayne ne C Nassau, 76 AD 2d 838 (1980); Geneva Printing Co. and Donald C. Hadley v. Village of Lyons, up. , Wa ne 2d .' 1978 Powhida v City of Albany, ), March 25, 1981; Montes v. State, 406 NYS 2d 664 (Court of Claims, Scaccia v. NYS Division of State Police, 530 NYS 2d 309, 138 AD 2d 50 (1988); Steinmetz v. Board of NY 2d 562 ° ° (1989); Education East Moriches, Sup. Ct., Suffolk Cty., NYLJ, Oct. 30, 1980); Capital Newspapers v. Burns, 67 to officers or employees are irrelevant to the performance (1986)]. Conversely, to the extent that items relating public found that disclosure would indeed constitute an unwarranted invasion of personal of their official duties, it has been [see e.g., Matter of Wool, Sup. Ct., Nassau Cty., NYLJ, Nov. 22, 1977, dealing with membership in a union; privacy 1 Packet Pg. 38 5.1.a Minerva v. Village of Valley Stream, Sup. Ct., Nassau Cty., May 20, 1981, involving the back of a check payable to a municipal attorney that could indicate how that person spends his/her money; Selig v. Sielaff, 200 AD 2d 298 (1994), concerning disclosure of social security numbers]. In conjunction with the foregoing, I note that it has been held by the Appellate Division that disclosure of a public employee's educational background would not constitute an unwarranted invasion of personal privacy and must be disclosed [see Ruberti. Girvin & Ferlazzo v. NYS Division of State Police, 641 NYS 2d 411, 218 AD 2d 494 (1996)]. Additionally, in the lower court decision rendered in Kwasnik v. City of New York, (Supreme Court, New York County, September 26, 1997), the court cited and relied upon an opinion rendered by this office and held that those portions of applications or resumes, including information detailing one's prior public employment, must be disclosed. The Court quoted from the Committee's opinion, which stated that: "If, for example, an individual must have certain types of experience, educational accomplishments or certifications as a condition precedent to serving in [a] particular position, those aspects of a resume or application would in my view be relevant to the performance of the official duties of not only the individual to whom the record pertains, but also the appointing agency or officers ... to the extent that records sought contain information pertaining to the requirements that must have been met to hold the position, they should be disclosed, for I believe that disclosure of those aspects of documents would result in a permissible rather than an unwarranted invasion [ofJ personal privacy. Disclosure represents the only means by which the public can be aware of whether the incumbent of the position has met the requisite criteria for serving in that position. Quoting from the opinion, the court also concurred with the following: "Although some aspects of one's employment history may be withheld, the fact of a person's public employment is a matter of public record, for records identifying public employees, their titles and salaries must be prepared and made available under the Freedom of Information Law [see §87(3)(b)]." Items within an application for employment or a resume that may be withheld in my view would include social security numbers, marital status, home addresses, hobbies, and other details of one's life that are unrelated to the position for which he or she was hired. In affirming the decision of the Supreme Court, the Appellate Division found that: "This result is supported by opinions of the Committee on Open Government, to which courts should defer (see, Miracle Mile Assocs. v. Yudelson, 68 AD2d 176, 181, lv denied 48 NY2d 706), favoring disclosure of public employees' resumes if only because public employment is, by dint of FOIL itself, a matter of public record (FOIL -AO -4010; FOIL -AO -7065; Public Officers Law §87[3][b]). The dates of attendance at academic institutions should also be subject to disclosure, at least where, as here, the employee did not meet the licensing requirement for employment when hired and therefore had to have worked a minimum number of years in the field in order to have qualified for the job. In such circumstances, the agency's need for the information would be great and the personal hardship of disclosure small (see, Public Officers Law §89[2][b][iv])"_[262 AD2d 171, 691 NYS 2d 525, 526 (1999)]. In sum, again, I believe that the details within a resume or an employment application that are irrelevant to the performance of one's duties may generally be withheld. However, based on judicial decisions, those portions of such a record or its equivalent detailing one's prior public employment and other items that are matters of public record, general educational background, licenses and certifications, and items that indicate that an individual has met the requisite criteria to serve in the position, must be disclosed. Lastly, when informing you of an opportunity to submit a second appeal, reference was made to Erie County Local No. 8-1978. In a decision rendered more than twenty years ago, Reese v. Mahoney (Supreme Court, Erie County, June 28, 1984), the court focused on the portion of that local law concerning a second appeal and essentially found it to be invalid. It was stated that "a two-tiered appeals procedure before Article 78 CPLR review can be had, would be sufficient to invalidate the local law .... as being inconsistent with the state law's single tier appeals procedure." Under the Freedom of Information Law, when a request is denied, the denial may be appealed, and if the appeal is denied, the person denied access may initiate a judicial proceeding under Article 78 of the Civil Practice Law and Rules. Under Local Law No. 8, an Article 78 proceeding cannot be initiated until a second appeal is made and determined, and the court found that "additional restriction" to constitute a basis for invalidating the local law. That being so, according to the decision, you may choose to challenge the County's denial of your request in court. However, in an effort to avoid litigation and to enhance understanding and compliance with the Freedom of Information Law, a copy of this opinion will be sent to County officials. I hope that I have been of assistance. Sincerely, Robert J. Freeman Executive Director RJF:tt cc: Christopher M. Grant John Greenan George Zimmerman Packet Pg. 39 t. HIGHWAY SUPERINTENDENT Vincent Bettina 10 HIGHWAY DRIVE WAPPINGERS FALLS, NY 12590 Email : Vbettina@townofwappinger.us (845) 297-9451 Office (845) 298-0524 — Fax SECRETARY Karol Kelly TOWN OF WAPPINGER Office of the Superintendent of Highways TO: Chnstopner meaay/ FROM: Vincent Bettina v RE: Freedom of Information Request # 35 DATE: April 18, 2017 5.1.a SUPERVISOR Lori A. Jiava 845-297-4158 Main TOWN BOARD William H. Beale William Ciccarelli John Fenton Michael Kuzmicz TOWN CLERK Joseph Paoloni RECEIVED K MAY 2 4 2017 SUPERVISOR OFFICE My office has received the above Freedom of Information Request and pursuant to FOIL Regulations will provide the requested information within the twenty (20) day guide lines There will not be a charge for the information requested and have attached a copy of your FOIL request. Please acknowledge that you have received this information. I Christopher Heady, residing at 95 New Hackensack Rd #25 Wappinger Falls, N.Y. acknowledge that I have I keceived notice that I will be receiving the information requested per the above FOIL filed with t ' Town of Wappinger Town Clerk and Highway Superintendent. Date Christopher Heady Cc: Town Clerk file Packet Pg. 40 b. FOR DrfERNAI., HSE QNCY Received by: Joseph P. Paoloni D Grace Robinson D Date R.eceivedt , l FOIL Ser. 0: DEPARTMENT 5.1.a 2009-10-16 JCM TOWN OF WAPPINGER Application for Public A*ewe%&1i Record MW EF_Y -'L REQft'E 9 V Err- APR 112017 OF WAPPINGER ; )WN CLERK RR 11 * 2017 OF WAPPINGE !-IIGHWAY FOR DEP-ART-WW USE t3 .Y Hate Received by Dept Department Head app2oval:; '- (init) Date Applicant Contacted: `(1 t l i - o Date FOIL fulfilled -or denied: Y f l t 0 Closed by: - Date l l —L --f— e e Notes: V 0 c 5 �� .�� t V tI. wv 4,11 AmounttDDue: C' Pages far a total of $� --- a ... 0 check here if you are f sting that the records Izi A -be mail &d�eSS FAX MAY 2 4 2017 E C DESCRIPTION OF PCORD: , SUPEKVISUR OFFICE /i'C t� .S �i� . � SCi • 5 �2 fa.jb✓ r w FORMAT OF RECD. RD �'-f av_ail bled I request to be notified when I can come to inspect the record(s) described above ._----I request copies of the records described above and agree to pay the cost of such records in accordance with the fee schedule on the back of this application I request that the records be sent via e-mail to the address listed above o I request that the records be faxed to the number listed above Packet Pg. 41 HIGHWAY SUPERINTENDENT Vincent Bettina 10 HIGHWAY DRIVE WAPPINGERS FALLS, NY 12590 Email : Vbettina@townofwappinger.us (845) 297-9451 Office (845) 298-0524 — Fax SECRETARY Karol Kelly 'OWN OF WAPPINGER Office of the Superintendent of Highways TO: Chnstopner heaay _ FROM: Vincent BettinaCt-c: RE: Freedom of Information Request # 35 DATE: May 8, 2017 5.1.a SUPERVISOR Lori A. Jiava 845-297-4158 Main TOWN BOARD William H. Beale William Ciccarelli John Fenton Michael Kuzmicz TOWN CLERK Joseph Paoloni 6 MAY 2 4 2017 SUPERVISOR OFFICE My office has received the above Freedom of Information Request and on the advice of Council and Pursuant to Public Officers Law Section 872.13 " Disclosure of the records would constitute an unwarranted invasion of personal privacy" Therefore, your request for said information per FOIL # 35 is denied. Please acknowledge that you have received this information. I Christopher Heady, residing at 95 New Hackensack Rd #25 Wappinger Falls, N.Y. acknowledge that I have received notice that my request for information per FOIL #35 has been denied pursuant Public Officers Law Section 872.B. Christopher Heady Cc: Town Clerk file Packet Pg. 42 t. 5.1.a RECANT® — �w� MAY 2 4 2011 - Packet Pg. 43 .57 -1�-e,�`.9 &IL - 0 � C ©%L/�1 I� � �vv ��Clu % t7r�JL�s G3/�/ f lc�sLLC� oo iCm '_/`� �C`ilrr/1�S Cj 7' .�-s vY� 1� /1'G/� 7Li�d�t✓ / '�lZ/�1�v"r��t ��✓J�`�-t�/�%i� lCm e Cm e LLJ A� CM CM CM Id IR e CD Packet Pg. 43 ALFRED A. CAPPELLI, JR. ARCHITECT 1.136 ROUTE 9 WAPPINGERS FALLS, NY 12590 Telephone: 845-632-;6500 F= 845-632-6499 Email: scamoe2102P- 20iXOMt RECEMD 'JUN 'JUN 121,2 617 T10 Wappingers Planning Board (via email) nno [ECOVED JUN 12 2017 TOWN OF WAPPING TOWN CLERK Packet Pg. 44 Highway Superintendent Vincent Bettina 10 HIGHWAY DRIVE WAPPINGERS FALLS, NY 12590 Email: Vbettinagtownofia,appinger.us W WW.TOWNOFWAPPINGER.US (845) 297-9451 Office (845) 298-0524 — Fax Highway Department Secretary Karol Kelly TOWN OF WAPPINGER Office of the Superintendent of Highways �(01 � 5.1.a ERViSOF: u"t Lori A. Jiava TOWN BOARD William H. Beate William Cicearelii John Fenton Michael Kuzmicz TOWN CLERK Joseph Paoloni TO: Town Board FROM: V. Bettina RE: NOTICE OF ABSCENCE DATE: June 12, 2017 Be advised that on the advice of Counsel, I am putting the Board on notice that I am planning on 0 taking some time off for vacation and upcoming surgery. As you are aware, I have not taken a day off from my office for two years and the Boards decision to remove the Deputy Highway Superintendent has created the circumstance whereby I must always be available to attend my duties, day and night -every day of the week. e UJ As you also know, highway law clearly states the Deputy fills in during my absence or inability to act and is also a integral part of the Towns Emergency Preparedness Plan. Yet, as you are aware the Supervisor and Town Clerk both have appointed Deputies and the Board has been deliberate in its actions to thwart my appointment of a Deputy. CM4 Be reminded, that further tabling of my Deputy may place the safety and welfare of the Town citizens in ° jeopardy for the Town during my absence. I am requesting as an elected official that you pause in your acts of hostility towards me and provide for 5 the safety of the residents by making my appointment of Frank Greggo as Deputy Highway Superintenden and by also removing from the table, for a vote the appointment John George to serve as Working Supervisor. As I am sure you are aware, Mr. George met the standards set forth in the Civil Service job description of Working Supervisor and was cleared by Dutchess County Personnel. The title of Working Foreman to Working Supervisor was changed merely to prevent any claim of gender bias, as the job description is is the same. As you should know, the Working Supervisor duties are limited by the Civil Service job description to supervising small to medium size groups of laborers based on the directions given by the Superintendent or the Deputy Superintendent. For this reason, it is necessary to appoint both of the candidattees. Fol Cc; Town Clerk Paoloni Al Roberts Esq. David Shaw Esq. file JUN 12 2017 TOWN OF WA TOWN C1,= Pg. 45 Town Board of Wappingers Falls Attn: Supervisor 20 Middlebush Road Wappingers Falls, NY 12590 RE: Acct #: 52-0056310-0 Bill #: 003386 Service Address: 27 Deer Run Rd To Whom This May Concern, June 6th, 2017 RECEIVED JUN -1 2 2017 SUPS VISOR OFFICE ,5 a ,, I, Carry Garcia, am writing to the board to ask for a waive on the late penalty fee. We are new to the town of Wappingers Falls and are aware that we are supposed to get a bill for the Water/Sewer. But we did not receive any invoice in the mail. I called the Town Clerk to see why we haven't receive an invoice, but she confirmed that our information is correct in the system. We just never received the bill. So, I ask if you could please waive the penalty fee this one time. Please contact me at (914) 310-3939, 1 would greatly appreciate it. Thank you for assisting me in this matter. Sincerely, Carry rcia JUN 13 2017 TOWN OF WAPPINGER TOWN CLEM( Packet Pg. 46 TOWN OF WAPPINGER WATER/SEWER BILLING DEPARTMENT 20 MIDDILEDUSYi ROAD WAPPINGERS FALLS, NY 125904004 Acct No: 52-0056310.0 GARiCIA, JUAN & CARRY 27 VEER RUN RD. WAPPINGERS FALLS NY 12590 WATER/SEWED. BILL Bill Date: 03/07/17 Bill #: 0003386 Account #: 52-0056310-0 Service Address; 27 DEER RUN RD. Nim-ne: GARCIA, JUAN & CARRY .Amount Due ifpaid paid by 04112117. $174,33 Amount Due if paid after 04/12/17. $191.76 BILL DATE 03/07/17 DUE DA'Y'S 04/12/17 BILL 11: 0003386 Tax TD#: 6357-01-033955-0000 TOWN OF WAPP'INOER WATER/SEWER BILL 845-297-1850 5.1.a Mtr Previous Present ID DATE keadW DATE Roading Bill Usage Water Sewer Coda Total 001 12/01/16 201400 2/28/17 201400 A 66.20 127.51 193.71 w Please ineluclo this portion with your payment 0 Tax ID#: 6357-01-033955-0000 %A BILL DATE 03/07/17 DUE DA'Y'S 04/12/17 BILL 11: 0003386 Tax TD#: 6357-01-033955-0000 TOWN OF WAPP'INOER WATER/SEWER BILL 845-297-1850 5.1.a ACCOUNT NO. 52-0056310-0 FOR SERVICE AT: 1%0/ "10101d 1JIVY&Y bYti Meter Rsacl3n Mtr Previous Present ID DATE keadW DATE Roading Bill Usage Water Sewer Coda Total 001 12/01/16 201400 2/28/17 201400 A 66.20 127.51 193.71 0 Please ineluclo this portion with your payment 0 Tax ID#: 6357-01-033955-0000 %A 01/1/17-03131/17 SMVICE PERIOD (QTR 2 PREVIOUS BALANCE Make Checks Payable To: e $193.71 AMT. DUE w PAID AFTER 04/12/17 lndudes 10%, rnaity 5191.76 coe RECEIVER OF TAXES WATER/SEWER BILLING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS. NY 12590-4004 M e ACCOUNT NO. 52-0056310-0 FOR SERVICE AT: 1%0/ "10101d 1JIVY&Y bYti Meter Rsacl3n Mtr Previous Present ID DATE keadW DATE Roading Bill Usage Water Sewer Coda Total 001 12/01/16 201400 2/28/17 201400 A 66.20 127.51 193.71 01/1/17-03131/17 SMVICE PERIOD (QTR 2 PREVIOUS BALANCE $19_38- 'TOTAL CURRENT CHARGES $193.71 AMT. DUE w PAID AFTER 04/12/17 lndudes 10%, rnaity 5191.76 AMT. DUR, ER BACD DY 04/12/17 vvrr...�....,•-.• ..........� a.-w•.�v++. vw.w.b a LwAD Arry tuw PUL Lwa Ly{''rum- l-Mul- N Packet Pg. 47 TP/TR �nVcl bTZLL6Z968 6Z:9T LTOZ/ZZ/99 M Attorneys and Counselors at Law 1136 Route 9 Wappingers Falls, New York 12590 Tel: (845) 298-2000 Fax: (845) 298-2842 www.srddlaw:com e-mail jhoran@srddlaw.com Kenneth M. Stenger Albert P. Roberts Thomas R. Davis .Stephen E. Diamond* goriploblo-b June 12, 201.7 Town of Wappinger Planning Board 2.0 Middlebush Road Wappingers Falls, New York 12590 via email ATTORNEY-CLIENT PRIVILEGED AND CONIF'IDENTIAL NOT SUBJECT TO FOIL Joan F..Garrett** Re: .Local Law for Solar"Energy Systems in the Town of Wappinger James P. Horan"*" Ian C. Lindars Dear Chairman Flowers and Board Members: Darren H. Fairlie Fred Clarke At the June 5., 2017 Planning Board 'Meeting, Angela Bettina posed some Jessica Segal questions regarding the recently enacted Local Law regarding Solar Energy Systems :in the Town of Wappinger. This letter is drafted to provide OF.COUNSEL information regarding the status of the:.Solar Energy Law.1 am most familiar Scott L. Volkman with the topic as .I researched and drafted the Local .Law after consultation with others. k2ren`MacNish Jessica -J. Glass In November of 2015), :the Town of Wappinger established a moratoritun on the installation of ,ground mounted solar energy systems to enable the Town PARALEGALS to :establish comprehensive zoning :regulations for the subject matter as the Sandra Oakley zoning code was unclear.as to whether such uses Were permitted as accessory uses for residential properties. In late 2015.and in early 2016, the Zoning Dawn M. Paino Administrator, the Attorney to the Town and the Town Planner met to discuss various drafts of a local law. On March 28, 2016, a draft Local Law was CLOSING COORDINATOR introduced for consideration by the Town Board. The Town Board held Maria L. Jones :several public hearings on the topic and some members of the public expressed interest in the law. tALSO ADMITTED IN FL 8 MA ALSO ADMITTED IN CT The original draft of the Solar Energy Law permitted Solar Farms in the R=5A, -ALSO ADMITTED IN NJ R -3A, COP and AI zoning districts. After the law was introduced, an amendment was made to the law that permitted Solar Farms in the 840/80 District on lots having 60 acres with a 300 -foot setback. The Town Board adopted the amended Local Law at its July 11, 2016 meeting. The Local Law adopted by the Town Board is currently posted on the Town Website. Under New York Law, a Local Law is not effective unless and until it is transmitted to the New York State Department of State in Albany for filing - The Town Clerk sent to the Secretary of State the incorrect Local Law for Packet Pg. 48 page 12 filing. The Town Clerk sent the initial draft of Local Law that was originally introduced, not the amended Local Law that was actually adopted by the Town. Board on July 11., 2016. The eCodes system. managed by General Codes Publishing revised the online Town Code. to include the Local Law filed with the Secretary of State. The error of filing the incorrect version of the law may be corrected by the filing of the correct law and an affidavit of the Town. Clerk. The filing error was not corrected because a:recent application by NextAmp revealed that there are some large parcels in the Town, that are viable candidates for solar farms but are not permitted to have Solar Farms because of the current zoning restrictions. I am. currently working with David Stolman on an amendment of the Solar Law which will allow for Solar Farms in various districts on large parcels while limiting solarfarms on smaller parcels. These amendments shall be finished shortly and will be presented to the Town Board and Planning Board for review and consideration.. Please contact me if you. have any further questions on the Solar Law. Very Truly Yours, STENGER, ROBERTS, DAVIS & DIAMOND, 'LLP 734vall, ` James P. Horan J(PH/so CC-. L. flava J. Paoloni B. Roberti D. Stolmaii A. Roberts :I. Lindars U1.1L—�C L�� �"1 �1` JUN 14 2017 TOWN OF WAPPINGER TOWN CLERK 5.1.a Packet Pg. 49 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 WWW.TOWNOFWAPPINGER.US (845) 297-4158 Main (845) 297-0720 - Direct (845) 592-7433- Fax �V 0(9 TOWN OF WAPPINGER RECR ATCOMMITTEE CHAIR __:r-�,K�___ . Ralph J. Holt Recreation Committee MEMO T0: ERVISOR WILLLIAM RI SEA EP COUNCILMAN WILLIAM CICCARELLI, COUNCILMAN JOHN FENTON, COUNCILMAN MICHAEL KUZMICZ, COUNCILMAN COMMITTEE MEMBERS Joey Cavaccini Louis DICOCCO Bruce Lustig Lisa Spinelli Robert Wilson FROM: RALPH HOLT, CHAIRMAN DATE: JUNE 12, 2017 SUBJECT: REQUEST VENDOR APPROVAL On June 7, members of the Recreation Committee (Ralph Holt, Joey Town functions Bruce Lustig, Lisa Spinelli) reviewed two letters requesting to vend on site The first, from Charlie Cornacchio, was add tion to selling hot dogs, hesummer Schlathaus Park with a hot dog cart.In would also sell soda, water and chips. After a brief discussion, the members agreed this would be a good addition to our concert nights and voted unanimously in favor of granting permission. The second is from Mike Mahoney of Kona Ice, a well-established truck at our summer camp. Mike will come to camp daily around lunchtime ices He and longe ough for everyone nice Year r year, e truck is a hit at our summer camp, particularly on hot day to have the opportunity to make a purchase then he leaves. Again, the members voted unanimously in favor of granting permission. We write to ask the Town Board pattached for your revieweir presence adds to and enhances our events. Their Letters are Thank you. Ralph J. Holt RJH/dl Attachments fJ�] �9 lJ JUN 15 2017 TOWN OF WllAPPiNGER TOWN CLERK Packet Pg. 50 Hello! I am Mike Mahoney the owner of Kona Ice Southern Dutchess. We have had a great time serving shaved Ice to the kids and staff at the summer camp at Martz Field the past 3 years. The kids were always happy to see us and many took advantage of the refillable cup that we offer, saving them $2 for each refill! We sell shaved ice with 27 different flavors and 6 different prepackaged ice cream treats. Our prices have not increased so we can offer the same value and service! The ice cream ranges in price from $2-$3. The shaved ice ranges in price from $2-$5. The $5 ice comes in a souvenir cup that can be used for $3 refills at any time! We bring a fun experience with steel drum music playing and the customers get to add their own flavors with our self serve Flavorwave. I want to add that not only are we a refreshing treat on a hot day but all of our flavors are made with a Vitamin C blend that has only 42 calories per serving! We are seeking approval to be a vendor again this year at the summer camp at Martz Field C4. during the camp season. We are mobile so we would just stop by during the day and serve the campers. All staff is always FREE, which is the same policy we use with our daycares and schools. We are fully insured and have a valid Dutchess County Health Permit. Please feel free toco contact me if you have any questions. W Thanks, Mike Mahoney Kona Ice Southern Dutchess 845-298-0270 mahoney@kona-ice.com 5.1.a Date: April 27, 2017 TO: Ralph Holt Town of wappinger Recreation Department FROM: Charlie Cornacchio SUBJECT: Request for Approval Hi Ralph, It's been a while since we've seen each other and I hope all is well with you. While I am still covering local sports for my HVNN.com website, I have also embarked on a new venture in the food service industry and was directed to write you a letter of my intentions, for approval. Back in October of 2016, 1 started a hot dog cart business. At that time I developed a partnership with the walkway Committee and a dedicated spot on the walkway Over The Packet Pg. 52 Hudson. This year, I have acquired a second cart to handle special events and I am looking for select places to set up. I am writing to you to request permission to set up my cart at the Town's Thursday night Concert Series at Melser Park and other events at Schlathaus. The cart is a simple NYC styletowalong. I sell Sabrett hot dogs, along with saurerkraut, onions, and chili. I offer soda and water, along with a bag of chips. I am licensed with Dutchess and Ulster County and. Board of Health inspected and approved.' I hope you'll allow me the opportunity to work, with the Town's recreation department in this new way - slinging hot dogs in hand instead of with a video carnera on my shoulder. Charlie Cornacchio Charlie's Chuck Wagon (845) 554-4956 I Packet Pg. 53 1 a 0 / 1/0 (0/9 & Recelved From. FRONTIER ABSTRACT k. Grantor; CARLOS ALBERT Grantee: WILMINGTONSVGS FUND SOCIETY Recorded In., Deed Tex tii'stria W appinger� P. instrument Type` Recording Charge; Transfer Tex Amotmt Includes Mans-jon Tux: Transfer Tax. Number; Red Hook Transfer Tax-, RP6217-. TP -S84. 612'!2017 2:44 PM 02 2017 4022 mined and Charged As, Fallow 85.{X Number of Pages: 3 1,248M $0 DO '4N "" Do Not Datadh This Page 6964 }" + —This is Not A, bill County Clerk;8yt sts Re+cetpt ;f: 18402 Batch Re=d, 117 BradIko Kendall eao, o k�a 5.1.a -09? Packet Pg. 54 s t. OP Case ?�urnber 0&2475U6_.r.--- REM, FPS !3F-F.n � 'INs Deed, made thisA ge, .20 1'I ,bctwe<a 4D"(Z.Qg;w.ft&jabci ims :arias / byl, lie A, Baum Eaq., Aererce, with an Wasson 1 Market Street, Pcvghkeepsia, New York 12601, rkp aha I party of the rlrst ptrt and WlGairugton S0121p Fund Society, FSB, estrustea of Stanwieh Mortgage Loam Trust A., with an,address of, SOO Delawart Avenue, 11111 Floor, Wilrnnlglom, Dclaa'are 19801, beEmg tht party of the ✓ second part, WaNESSM, that the party of the firm part. 1vts. appoirited itLFFRE sedw enlillod WELi:S FARGO BANK, NA, vs. �l D2RT CARLOS and VERCi11QEA C M 3 eta i,4mtp c. was, n=rdad at trislrutneltt Number Ol 201 i t F. r o t c = aulay 31, 2010. NN In purstrarx a of a 1trd;racnt of Forcclasrtr0 fn said sctzoa, ex the Suprema Coun of Dutohess C:Ounly wid dilly entered. to t1wJuty 25, W 16, land in carazdcratirui soot of One Thousand i7ollars and NO Cans Doilars (51,000.00), bdln; 1110 higher! surn bid of Ml0;,4fWy of the Gra part docs Itcroby 1"rit and convey unto the patsy or the P=rzd pan, itssl-�t*rs a re, the prrjmst--dLte ibed in "Schalule N, attached hernia, + To hates and to lwld t11e premisesso e5rttvet�\irtytbeparty otthe second Fan, its suecestarx�ul asst} ns. fore m Thepx=-4scs are not subject to u'a. Ii te11MItga6r- E witn--swhereof the yo fto>irsl Pam basset It 01=ham Lltcd 'm riius Am,*wriacn, For. tax asscssodiWcMriC use: ' ... L...,.... SLiL b: 6 857.03 -X60460 Propertyaddmss:IEdeLa t _pingerFaft,NYi2596 Tax maliragsoddress: 550 As+. m, tiib Fwor, LViltta or dawane 14801 Lea] ie urn, Esq, STATE OF INT -W YORK COUNTY 04 i>K- ��)SS: MY OF ) �' OR dlis Pi 2011, before rne~ �q., perspr ly know a ' ie orpaolrtd tarlktott ihn tresis uamc is subscn'bed to clic ariklkiry iasrrtlment ar.itl ac5cnowlfii rapieily, and thatby hasrhtr sfjpaaiuraan theinstratt>:arll i`x it:dividual acted, a`<t�tttcdd>e inSMn e L rr,�t,,\� �ted..personaliy appeared Wlic A. Baum s evidenecto'b't'd*lodividtetlxihoso rtseiElat Lie+kheorec�rted7Scssme in hi�riter / inial, or paxwt upon britxif orwhich 01P aJ ' Nowy Pubt r,ry ---•-{eCrr#YRI Atter recording, rc;ttrtl this dcc "t4t4�r o Vol owy, GLC Alt_: Sales Dept 1775 Wetric Drive, Suite34" U911Hams4710, NY 1142�sk Qj 5.1.a Packet Pg. 55 A t. SCREOLE "All ALL thatoetUin ploipiow or parcel *(land, With tho buitdings and improvementalliereork erecter], situate;, 1)4.og mad being in U Town of Alappingm. County of Datchess, Slow afliTew York, known and dealipated as Lot No. 4 and part of Lot No. S in Block I on a cort6r =p entitled, 'Revised Map of ladian RidW dated May 19, 195.7 and JJW In the DumlicsT Co%wLy Clerk's Officz on Suly 16, 1959 as Vil.td Mop No. 2872, which said 1cft wore partickdady bow ded and desohlyedas follows; BECONWO it -.i point on the Southerly side of Pirie Lane, s lat 6eing the iractsoctien of ft Soioherlylhteof Erie J.Ana Wffhlba Westerly fine of Ddvc, as4hown 6R a OUbb map *Uitled, "Revised Map ofTudian RidVA" and at Duldhess Colhity Ck'xk'g Of6w M cited Map No, 2872; RU� NDWO TRENM in A Southerly ditectiov, lboWestftiy lintafTuscararn Drive, South 30 deSmm 32 mittus 00 secomis Ba* RJO to thdNorthwest corner of.-Lotm.1. Mock oeI if; SV\ TnP.ls'Ct:inaWr—,;tcrlycEr,cdoinI I cNortharly lint: of Ut Xo 2,,Ve,* IT, South, 59 dqgrves28 minutes 00 ftco V, 116.92 tett to T1-1M4C1r in a NorUiewrlyji" - a avough ULM. 3, Block "Irl 30 degrow, 32 minutes 00 secomls Weal, IS7.50 r e soutbady lice or-sric U-\ THEWC15 in an Lane thencv,oma.rAirve to the tijoA with A mAkt's'pT$U0 foei and a, teng& of - .1 ttoo.poirw. • 'MME ajoag the s*mp, North, 59 degr= 6 'utcsW secands East, 113.85 feet to timpoinr P!reinim knosra, as'a BrIt Lm n gen FuU4N1ew )(Ark I 171[#t -Ink—1 ja . -�e X., A t. I Packet Pg. 56 1 rkl=: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM NY,SCEF _ROC. NO. 39 SLATE OF NEW YORK SUPREME COURT COUNTY OF DUTCHESS VENTURES TRUST 2013 -I -H -R BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE, -vs- LISA DIMARZO; MARY DOE Plaintiff, Defendants. TO THE SUPREME COURT OF THE STATE OF NEW YORK: INDEX NO. 2 RECEIVED NYSCEF: 06/20/2017 Index No.: 2015- 50890 REFEREE'S REPORT OF SALE I, Raphael J. Basso, Esq., the Referee appointed by and named in the Judgment of Foreclosure and Sale filed in this action on November 10, 2016, to make the sale of the mortgaged lands described in said Judgment, respectfully report as follows: FIRST: That I caused due notice of the sale of the said lands and premises on January 18, 2017, at 2:30 in the rear vestibule, Dutchess County Courthouse, 10 Market Street, City of Poughkeepsie, County of Dutchess, as published according to law and the rules and practice of this Court, and as fully appears by the affidavits hereto annexed. SECOND: That at the time and place for which the said sale was noticed as aforesaid, I attended in person, and agreeably to notice, offered the said mortgaged lands and premises for sale to the highest bidder, and sold the same to the Plaintiff herein, for the sum of $173,000.00, that being the highest sum so bid therefore, and pursuant to the terms of said Judgment of Foreclosure and Sale, I waived the required ten percent (10%) deposit as Plaintiff was the successful bidder. 1 of 26 1 Packet Pg. 57 ri ILED : DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM INDEX NO. 2 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 06/20/2017 THIRD: That the Plaintiff was awarded by the Judgment of Foreclosure and Sale inclusive of costs and allowances $177,651.16 to wit, together with interest thereon as provided in the Judgment of Foreclosure and Sale to November 7, 2016. FOURTH: That I have allowed Plaintiffs attorney the sum of $ 903.85 for advertising Notice of Sale and Posting. (Receipted bill and affidavits of publication and posting annexed). FIFTH: That I have received from Plaintiffs attorneys the sum of $500.00 as and for the fees and commissions to which I am entitled upon said sale. SIXTH: That I have allowed the attorneys for the Plaintiff herein, the sum of $186,865.80 in payment of judgment with interest through January 18, 2017, inclusive of costs, allowance, legal fees, referee fees, disbursements and advertising as per attached statement. SEVENTH: That I have allowed the sum of $13,694.46 for the advances made or to be made by the Plaintiff for real estate taxes, insurance and property preservation and inspections. EIGHTH: That I have made, executed and delivered to VENTURES TRUST 2013 -1- H -R BY MCM CAPITAL PARTNERS, LLLP FKA MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE, the purchaser at said sale, a good and sufficient deed of conveyance of the mortgaged premises so sold. NINTH: That there remains a deficiency of $9,214.64 due upon said Judgment of Foreclosure and Sale. The computation is attached hereto. All of which is respectfully submitted. Dated: .5- // 12,- , 2017 R phael so, q.. Referee 2 of 26 Packet Pg. 58 r>'ILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM INDEX NO. 2 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 06/20/2017 COMPUTATION OF DEFICIENCY/SURPLUS Computations froin Referee's Oath Unpaid principal balance 145,254.69 Interest from 4/1/2014 - 05/31/2016 14,949.22 @ the rate of 4.750% per annum ($18.90 per diem x 792 days) (based upon 365 days/year) Late Charges 31.28 Property Inspections 0.00 Property Preservation 0.00 Taxes Advanced 8,233.87 Hazard Insurance 891.00 TOTAL OWING PER OATH $169,360.06 Interest on UPB from 6/1/2016 — 11/6/2016 3,005.10 @ the rate of 4.750% per annum ($18.90 per diem x 159 days) (based upon 365 days/year) Costs and disbursements per Judgment 2,386.00 Attorney fees allowable per Judgment 2,900.00 JUDGMENT AMOUNT $177,651.16 Interest on Judgment amount 3,241.20 from 11/7/2016 - 01/18/2017 @ the rate of 9.00% per annum ($43.80 per diem x 74 days) (based upon 365 days/year) TOTAL AMOUNT DUE PER JUDGMENT $180,892.36 Additional sums due per Judgment Advertising/Posting 903.85 Referee's fee to sell 500.00 Taxes/Insurance/Preservation/Inspections etc. 4,569.59 TOTAL DUE PLAINTIFF $186,865.80 LESS SALE PRICE (OR JUDGMENT AMOUNT) $177,651.16 DEFICIENCY $9,214.64 3 of 26 Packet Pg. 59 OILED: DUTCHESS COUNTY CLERK 06/20/2017 10:0 7 AM NYSCEF .DOC. NO. 39 STATE OF NEW YORK SUPREME COURT COUNTY OF DUTCHESS VENTURES TRUST 2013 -I -H -R BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE, Plaintiff, -vs- LISA DIMARZO; MARY DOE Defendants. STATE OF NEW YORK) COUNTY OF DUTCHESS) ss: Raphael J. Basso, Esq., being duly sworn, deposes and says: INDEX NO. 2 RECEIVED NYSCEF: 06/20/2017 Index No.: 2015- 50890 That I am the referee duly appointed herein to make the sale in the above entitled action, and the officer who made such sale. That the attached report of sale signed by me is in all respects true and correct, and said report and statement annexed thereto contain a true, accurate and complete report of the disposition of the proceeds of such sale. Raphael J. so,sq., Referee Sworn to before m his �oIday of , 20 Notary Public 4 of 26 =DIBiNEDETT6IBENEDETT6tate of New YorkI63284gotchess CountyCos August o3, 20 Packet Pg. 60 [FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:0 7 AM INDEX NO. 2= NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 06/20/2017 'S REFEREE'S NOTICE OF SALE IN FORECLOSURE SUPREME COURT — COUNTY OF DUTCH ESS VENTURES TRUST 2013 -1 -H -R BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE, Plaintiff — against — LISA DIMARZO, et al Defendant(s). Pursuant to a Judgment of Foreclosure and Sale granted on November 07, 2016. 1, the undersigned Referee will sell at public auction, at the rear vestibule, Dutchess County Courthouse, 10 Market Street, City of Poughkeepsie, Dutchess County, New York on the 18th Day of January, 2017 at 2:30 p.m. All that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in die Town of Wappinger, Dutchess County, New York. Premises known as 33 Bowdoin Lane, Wappingers Falls, (Town of Wappinger) NY 12590. (Section: 6057, Block: 04, Lot: 808482) Approximate amount of lien $169,360.06 plus interest and costs. Premises will be sold subject to provisions of filed judgment and terms of sale. Index No. 2015-50890. Raphael J. Basso, Esq., Referee. Davidson Fink LLP Attorney(s) for Plaintiff 28 East Main Street, Suite 1700 Rochester, NY 14614-1990 Tel. 585/760-8218 Dated: November 21, 2016 5 of 26 1 Packet Pg. 61 NYSCEF DOC. NO. 39 STATE OF NEW YORK SUPREME COURT COUNTY OF DUTCHESS INDEX NO. 2 RECEIVED NYSCEF: 06/20/2017 VENTURES TRUST 2013 -I -H -R BY MCM CAPITAL Index No.: 2015 - PARTNERS, LLC, ITS TRUSTEE, 50890 vs. LISA DIMARZO; MARY DOE; Plaintiff, AFFIDAVIT OF MAILING Defendants. STATE OF NEW YORK) COUNTY OF MONROE) ss: C( rti ro being duly sworn, deposes and says: 1. I am over 18 years of age, reside in Rochester, New York, and I am employed by Davidson Fink LLP, the attorneys for plaintiff in this action. 2. On 0) , Q () 4 CP , deponent served a copy of the CIA k L,e i) k SCt y __, by first-class mail, upon: Lisa Dimarzo 33 Bowdoin Lane Wappingers Falls, NY 1.2590 "Mary Doe" 33 Bowdoin Lane Wappingers Falls, NY J2590 by depositing a true copy of said document securely enclosed in postpaid wrappers in the Post Office Box regularly maintained by the United States Postal Service at 28 East Main Street, Suite 1700, Rochester, New York. Sworn to before me this _Xj day of 2016 Notary Public SEAN LATULIPE NOTARY PUBLIC, State of New York Registration No. OILA6336916 Qualified in Wayne County My Commission Expires February 16, 2020 6 of 26 E J � Packet Pg. 62 FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM NYSCEF.-DOC. NO. 39 AFFIDAVIT OF PUBLICATION FROM 'POO 1h; 'OPS1 .-utn 0 A --al, tp -P tj' i' f1�$tit� �;r tc to .`s virtr ;R Ise - INDEX NO. 2 RECEIVED NYSCEF: 06/20/2017 CECILIAHbeing duly sworn says that he/she is the principal clerk of THE POUGHKEEPSIE JOURNAL, a newspaper published in the County of Dutchess and the State of New York, and the notice of which the annexed is a printed copy, was published in the newspaper on the date (s) below: Zone: InAL�). Signature Sworn to before me, this i � day of Notary Signature Ad Number: 0001805011 Run Dates: 12121/16, 12/28116, 01/04117, 01111 /17 2017 Vilma Avelar Notary Public Mate of New York NO. OIAV63 x,6411 Qualified in Westchester County Commission Expires )anuary 26, 2019 7 of 26 1 Packet Pg. 63 FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM NYSCEF DOC. No. 39 Ad number: OD01805011 Run Dates: 12/21116,12/28/16, 01/04/17, 01/11/17 REFEREE'SVOTICE OF SALE IN FORECLOSURE SUPREMECOURT— COUNTY OF DUTCHESS VENTURESTRUST•2013-1-H-R 'BY MCM CAPITAL PARTNERS, LLC, ITSTRUSTEEPlaintiff —against — LISA DIMARZO, et al Defendant(s). Pursuant to a Judgment of Fore- closure and Sale granted on No- Vember 07, 2016. 1, the under- signed ,Referee will sell at public auction, at the rear vesfibuie, Dutchess County Courthouse, 10 Market Street, City of Pough- keepsie, Dutchess County, New York on the 18th Day of Janu- ary, 2017 at -2:30 p.m. Aft that certain plot, piece' or parcel of land with the buildings and im- provements thereon erected, sit- uate, lying and being in die Town of Wappinger, 'Dutchess County, New York; Premises known as 33 Bowdoin Lane, Wappingers Falls, (Town of Wappinger) NY 12590. (Section: 6057, Block: 04, Lot: 808482) Approximate amount of lien $169,360.06 plus interest and costs. Premises will be sold subject to provisions of filed judgment and terms of sale. Index No. 2015-50890. Raphael J. Basso, Esq., Referee. Davidson Fink LLP Attorney(s) for Plaintiff 28 East Main Street, Suite 1700 Rochester, NY 14614-1990 Tel. 585!764-8218 Dated: November 21, 2016 180501 t INDEX NO. 20 RECEIVED NYSCEF: 06/20/2017 8 of 26 1 Packet Pg. 64 LE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS VENTURES TRUST 2013 -1 -H -R BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE Plaintiff -against- LISA DIMARZO, ET AL., Defendant INDEX NO. 20 RECEIVED NYSCEF: 06/20/2017 Index No.:2015-50890 AFFIDAVIT OF POSTING STATE OF NEW YORK, COUNTY OF DUTCHESS SS.: The undersigned, being duly sworn, deposes and says; deponent is not a party herein, is over 21 years of age and resides In the State of New York. That on the 20th day of December, 2016 I caused a true copy of the REFEREE'S NOTICE OF SALE IN FORECLOSURE in the within action to be posted, in three public places in the CITY OF POUGHKEEPSIE, NY: 1. Dutchess Court House, 10 Market Street, Poughkeepsie, NY 2. Poughkeepsie City Hall, 62 Civic Center Plaza, Poughkeepsie, NY 3. Dutchess Department of Motor Vehicles, 2nd Floor, 22 Market Street, Poughkeepsie, NY And three public.places in the TOWN OF WAPPINGER, NY: 1. Village Hall, 2582 Main Street, Wappinger, NY 2. Town Hall, 20 Middlebush Road, Wappinger, NY 3. Library, 2642 East Main, Street, Wappinger, NY Sworn to before me this 20th day of December, 2016 Heather Lee Lawson RINK ESPINAL Notary Public, State of New York No. 4943125, Qual. In Dutchess County Commission Expires 10/17/2018 9 of 26 Packet Pg. 65 FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM NYSCEF DOC. NO. 39 Telephone: (631)667-8200 ALLCOUNTY LEGAL SUPPORT 60 BURT DRIVE DEER PARK, NY 11729 DATE: 12/21/16 TO: DAVIDSON FINK LLP, ATTN: NICOLE FIRES 26 EAST MAIN STREET SUITE 1700 ROCHESTER, NY 14614-1990 RE: INVOICE NO. BBOI-55485 PUBLICATION OF: NOTICE OF SALE DATE OF SALE: 01/18/17 INDEX NO. 2 RECEIVED NYSCEF: 06/20/2017 Fax: (631)667-0302 PUBLICATION: POUGHKEEPSIE JOURNAL ALLCOUNTY# 195087 TITLE: VENTURES TRUST VS. LISA DIMARZO DATES PUBLISHED: 12/21./1.6, 12/28/16, 1./4/17, 1/11/17 POSTING: CITY OF POUGHKEEPSIE AND TOWN OF WAPPINGER AMOUNT: $903.85 Affidavit of Publication will be sent upon payment Outstanding balance over 30 days will incur finance charges of 1.51T (APR 18°1 PER YEAR) 10 of 26 1 Packet Pg. 66 t. FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM NY$CEF DOC. NO. 39 INDEX NO. 20 RECEIVED NYSCEF: 06/20/2017 21 Robert Pitt Dr. Phone: 845.352.1929 HudsonSearch Suite#324 Fax: 646.519.2515 Monsey, NY 10952 www.hudsonsearch.com TAX SEARCH The unpaid taxes, water rates, assessments and other matters relating to taxes that are properly filed and indexed as liens as of the date of this search are set forth below. This search does not include any item that has not become a lien through the date of this search nor does it include installments due after the date of this search. This search does not cover any part of streets that the above captioned premises abut. If the tax lots reported cover more or less than the premises under examination, this fact will be noted herein. In such cases, the interested parties should take the necessary steps to make the tax map conform to the property description to be insured. 01/19/2017 Title M DS140032468 Assessed to: Premises: 33 Bowdoin Lane School District: County: Dutchess Village: Town: Wappinger Building Class: SWIS: 135689 Acreage: Section: 6057 Assessed Value: Block: 04 Exemption(s): Lot: 808482 Savings Amount: Louis Di Marzo Wappinger Falls CSD None 210 - Single Family Residence 0.57 Land: 94,900 - Total: 209,800 Basic Star $645.84 2017 Town I County Tax: 1/1 -12/31 2017 Full Tax: $1,658.17 Due 2/1/17 Open (no penalty thru 2128117} 2016/2017 School Tax: 7/1-6/30 2016/2017 Full Tax: $2,866.27 Due 9/1/16 Paid (Date N/A) Tax w/o Exemption: $3,512.11 Water: 811-10131 2016 (Account # 5900580400) Amount: $134.92 Due 11/1/16 Paid (11/15/16) NOTE: No Delinquent Taxes found at the time of search. Contin Packet Pg. 67 Run Date: 1119117 Subject to continuatiortlliri`c�r i�6closing. _ .a T� .,f. .e ;. nrA rtm nrnlm FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AN NY$CEF DOC. NO. 39 INDEX NO. 2 RECEIVED NYSCEF: 06/20/2017 Hudson Search 21 Robert Pitt Dr. Phone: 845.352.1929 Suite#324 Fax: 646.519.2515 Monsen, NY 10952 www.hudsonsearch.com CONTINUED Title #: DS140032468 Taxing authority Town of Wappinger 20 Middlebush Road Wappinger Falls, NY 12590 (845) 297-4342 Water: (845) 297-1850 County: Dutchess NOTE: Taxing Authority information is provided for informational purposes only. No liability assumed. It is recommended you contact the above collectors prior to sending payment to confirm taxes are still payable to the above locations. 12 of 26 1 Packet Pg. 68 FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM NYSCEF DOC. NO. 39 t ' a STATE OF lti ELS' YOR K SUPREME COURT COtTtiT)' OF DUTCHESS Vi )`TURES TRUST 2013.1.11-R !3Y MGM CAP11-AL PAR'ITEIL-S, LLC, ITS TRUSTEE. ' LISA DINAAR70: MARY .DOE: Plaintiff, Defendants. INDEX NO. 2 RECEIVED NYSCEF: 06/20/2017 Index No.: 2015.50890 TERIb1S OF SA 1_E . The premises described in the advertisement nl'srle, will be sold under the dimction of the Referee. Raphael J. Basso, Esq, upon the following terms: ` 1st Ten percent of' the purchase price for t1he prernises will be required to be Paid in crash or by a cerified chec to the Referee, Raphael J. Basso, Esq. at the time and place; of sale. and for wh ch a receipt will be given. 2nd The residue of said purchase money will be required to be pais: in cash or by certified!bank check to said Referee, Raphael J. Basso, Esq. at the office of the referee 2610 South Avenue, Wappingers Falls, DIY I2590 by February 18, 201?; when the Referee's Deed %vill be ready for de[it-er%!. 3rd The closing is TIME OF THE ESSENCE for the sale of this propene and no additional notices wit; he zero. If you fail zo appear ready, willing and abl:: ro close the transaction at the time and place stated above.. you shall be in breacla of the Terms of Sale and the Seller shall b-. entitled to keep aJi} deposit that you may have given at the time of the sale. Postponements may, he considered if' presented to Flajntifi's attom,-y. in writing, and any approved postpone.nent '-mili add interest �ccrttirt, on the residue of the purchase price at the Icga[ rate, of 13 of 26 1 Packet Pg. 69 t (FILED: DUTCI$ES S COUNTY CLERK 0 6 / 2 0 / 2 017 10 : 0 7 AM INDEX NO NYSCEF I?OC. NO. 39 RECEIVED NYSCEF , t i interest of 9.00--"'o until the date ofclnsine. 4th The said premise- are being sold in "as is" eondit ian and subject to: a; Rights of the public and others in and to any pan of the mortgaged rremisey that lie w:thin the bound- of any street, alley or highu°ay: covenants. restriction s. declarations. reservations. rights of way and easements of record; building and zoninz renulations ander ordinance(s) of the County, City. Town and Village in which said premises lie and any amendments tlterem-, b) Any and all tenancies: possessory- interests and/or leases affectinc, said premises not made party defendants provided; however, defendants or others may be in ;),ossesim of the mortgaged premises and the. purchaser may have to undertake leeal actions to remove them'therefrom. which is and w -ill be the soie choice and responsibility of the purchaser; c) Any state of facts that an accurate, currently dated survey. or inspecliuns ini2ht disclose; d) Risk of loss or damage by t re. vandalism, or other casuaby between time of sale and time of the delivery of the deed. is assumed by purchaser; e} The rights, if any; of the United State; vi America, lourquant to Title 3R, Section 2410 of the. United Stales Code_ t0- Rights of a:tv de.fe.ndant- pursuant to CPLR 31 7. Ly'lg? Any :•ioiations of record. 20 06/20/2017 14 of 26 1 Packet Pg. 70 t. (FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM INDEX No. 2 NYSCEF 1�OC. NO. 39 RECEIVED NYSCEF: 06/20/2017 5th 'Fit e. Insurance, if any, s pall be paid for by the punch astir. No bstract of Title shall be provided to the Purehaser. 6th 'l '1e pt:rchaser of the premises at the time and place of saie, shall sign a -Mernorandurr of his punhase which wi.l) serve as an anreement .0 compl} with the terms, and conditions hereir. crintained. 7 tll 'Tile bidding will be k, -pt open after the propery is stat,; down, and in case any purchaser shall fail to comply with any of the, above conditions of sale, the premises so struck do,vu to him will be again put up for sale. under the direction and discretion of said Rcferee under these same Tci-ms of dale. without application to the COLM unless the plaintiff's attorneys shall elect to make such application; and such purchaser shall be held liable for any deficiency there may be between the sutn for which said prernises shall be struck down upon the sale and that for which they may be purchased on the >`<aie, and upon the Purchaser's default the bid deposit ;hall automatically be forfeited and a_,plied to the aforesaid deficiency. if any. Sash f'orfeiturt; shall got be a waiver oi' any right-, of the Plaintiff to seek and obtain damanes from the defauliing bidder. 8111 Al', of the expenses of recording tine Referees Deed, including but not limited to, all of the Dtt.d stamps, transfer taxes, recording fees and ACRIS preparation fees, if any. shall be paid foo by the Purchaser_ 9111 The seller of the premises at the time and place of sale: shall be responsible for any and all propenr taxes which constitute a .lien agairrst the premises at the time of the foreclosure sale. All tax adjustments are final at the dare of closin. 15 of 26 1 Packet Pg. 71 FI LED : DUTCHESS COUNTY CLERK 06/20/2017 10:0 7 AM INDEX NO. 20 NYSCEF 7)OC. NO. 39 RECEIVED NYSCEF: 06/20/2017 c l Otdt Auor nev far Plaintiff R°CLL NOT accept any assignments of bid from any prospective third Party purchaser follow-ing the compledor, of this foreclosure sale. One must be presnnied at the time of sale for consideration. Dated: January 18, 20 F? �l ael J. 139 -so. Esu_ Referee 16 of 26 Packet Pg. 72 t. FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM NYSCEF ]SOC. NO. 39 MEMORANDUM 017 SALE INDEX NO. 2 RECEIVED NYSCEF: 06/20/2017 have (has} on Jamlary 18.20[71. purchased the premises described in the cimeXcd printed Advenisement of Sale, for t7e sure alp Dollars (S ) over and above all liens and encumbrances therein seE•forth, andhereby, promises} and agrce(sj to comply w1uh the terms and eo;,dit arts of the, sale of said premises, as set forth. Dale,l: Januar,,, 18. 201`% OR Purchasers Signature Purchaser's .Address Purchner's Phone h'urrlber Purchaser's Attorney Plaintiff or itr Assignee being the successful bidder f;7r the sum of o T�� Dollar (f 3��"�'}, the ten percent deposit on the amount bid by it far the property sold by me under the Judgment in the. ab ve. entitled action is heretly tk)aived. Dated: January I8, 2017 Raphael J. Ssc:, Esc.; eferee 17 of 26 1 Packet Pg. 73 FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM NYSCE�' DOC. NO. 39 PURCHASER'S RECEIPT' INDEX NO. 2 RECEIVED NYSCEF: 06/20/2017 Received from !t 7 the sum of Dollars (S ); being ten percent. on :he amount bid by for :he property sola by III e., tinder thie Jud-ginz— rt in the above. entitled act�t�n. phae] .I. 0R Thc, icln percent deposit is -waived. .01 a., Referee PLAINTIFF'S RECEIPT DAVIDSON FINK LLP Auormeys for Plaintiff 18 of 26 1 Packet Pg. 74 t. (FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM INDEX NO. 2 NYSCEF SOC. NO. 39 RECEIVED NYSCEF: 06/20/2017 REFEREE'S NOTICE OF SALE IN FORECLOSURE SUPREME COURT— COUNTY OF DUTCHESS VENTURES TRUST 2013 -1 -H -R BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE, Plaintiff — against — LISA DIMARZO, et al Defendant(s). Pursuant to a Judgment of Foreclosure and Sale granted on November 07, 2016. I, the undersigned Referee will sell at public auction, at the rear vestibule, Dutchess County Courthouse, 10 Market Street, City of Poughkeepsie, D:jtchess County, New York on the 18`r Day of January, 2017 at 2:30 p.m. All that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in die Town of Wappinger, Dutchess County, New York. Premises known as 33 Bowdoin Lane, Wappingers Fa'Is, (Town of Wappinger) NY 12590. (Section:.6057, Block: 04, Lot: *808482) Approximate amount of lien $169,360.06 plus interest and costs. Premises will be sold subject to provisions of filed judgment and terms of sale. Index No. 2015-50890, Raphael J. Basso, Esq., Referee. Davidson Fink LLP Attorney(s) for Plaintiff 28 East Main Street, Suite 1700 Rochester, NY 14614-1990 Tel. 585/760-8218 Dated: November 21, 2016 19 of 26 1 Packet Pg. 75 FILED: DUTCHESS COUNTY CLERK: 06/20/2017 10:07 AM NYSCEF DOF. NO. 39 4 ME STATE OF NEW YORK SUPREME COURT COUNTY OF DUTCHESS VTNTURFS TRUST 2013 -I -H -R BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE, -vs - LISA DIMARZO; MARY DOE; Plaintiff, Defendants. INDEX NO. 2 RECEIVED NYSCEF: 06/20/2017 index NO.: 2015-50890 TERMS OF SALE The premises described in the advertisement of sale, :vi'l be srid under- -he direction of the Referee. Raphael J. Basso. Esq. upon the following terms: l si Ten percent of the purchase price for E_ne premises will be required to be paid in cash or by a cenified check to the Referee, Raphael J. I3asso: Isq. at the tune and place of sale. and for which a rezeipt will be given. 2nd The residue ofsaid purchase money %611 rte required to be paid in cash or by certifieibank check to said Referee. Raphael J. Basso, Esq. at the office. of the referee 2610 South Avenue, Wappinwert Falls: NY 12590 b.° Febnzary 1S, 2D1?, when. the Referee's Deed will be ready for delivery. 31-d The closing is TIME OF THE ESSENCE ibr the sale of this property and no additional notices will he sent. If VOL) bail to appear read;, willing and able to close the transaction at the time and place stated above, you shall be in breach of the Terms of Sale and the Seller shall be entitled to keep any deposit that you may have given at the time of the sale. Postponements may be considered it' pr=- mod to Plaintiff's attorney, in writing, and any approved postponement will add interest accruinc on the residue of the purchase price at the legal rate of - 20 of 26 Packet Pg. 76 t FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM NYSCEF DOC. NO. 39 ,,i interest of 9.000 - until the date of closing. INDEX NO RECEIVED NYSCEF 40 The ,aid premises are Being, Sold in "as is" condition and -uhject to: a) .Rtg}its of ttie public and others In and to any pan of the nion.oaced premises that lie within the bounds of any sireet, alley or him lwav: cove:iants. restrictions; declarations. m -nervations, ri,21its of way and casements of record; baildit;Y wid zoning regulations and/or ordinance(s) of the County; City. Town and Village in which said premises lie and any arnendments thereto: b) Any and A tenancies; possessory interests and/or leases affecting said premises not )rade party defendants provided; however. defendants or ;lther;s may be in pos ession of the mortgaged preriises and the purchaser may have to undertake legal actions to remove them therefrom. which is and will be the tole choice and responsibility of the purchaser, c) Any state cf facts that an accurate, currently, dated survey or inspections miQhi di. se.'so,Se: d) Risk of loss or damage by tire., vantlatism or oi};er casualty between time o'. sale and time of the deiivery of the deed. is assumed by purchaser; C) The rights, if any of the United States of America; pursuant to Title 38; Section 2410 of the United States Cod;. f? Richts of ail defendants pursuanr to CPLR 31 C)) Any vioiations of record. 2 5.1.a 06/20/2017 21 of 26 1 Packet Pg. 77 FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM INDEX NO NYSCEF DOC. NO. 39 RECEIVED NYSCEF 5th Tit e Insurance. if any, s:-iall be paid for by the purchaser. No Abstract of Title shall be provided to the Purehaser. 6th The purchaser of the premises at the time and place of sale, shali sign a \Memorandurr of his purchase which will serve as an avreetnem to comply with the terms and conditions herein contained. 7th The bidding \.fill be kept open after the propery do -,t --r:; and in case any purchaser shall fail to comply with any of the above conditions of sale, the premises so struck do%vri to hire will be again put up for sale, under the direction and discretion of said Referee under these am- Terms of Sale. without application 10 the Court unless the plaintiff's a torneys shall elect to make such application; and such pu-chaser shall be held liable for any deficiency there may be between the sum for, which said premises sdiall be struck down upon the sale and that for which they may be purchased on the rjsale. and upon the Purchaser's default the bid deposit shall automatically be Forfeited and applied to the aforesaid deficiency. if any, Sulh forfeiture shall not be a waiver of any rights of the Plaintiff to seek and obtain damattes from tet' defaulting biddier. Sth All of the expenses of recording the Referee -'s Deed. inciudinn but not lin?ited to. all of the Deed stamps, transfer taxes: 'ecot'din+, fees and ACRIS preparation fees, if any, 0211 be paid for by the Purchaser. 91h The seller of the premises at the time and place of sale; shall be responsible for any and all property taxes which constitute a .lien a,,ainat the premises at the Once, of the foreclosure sale. All tax adjustments are final at the date of closing. 2 06/20/2017 22 of 26 1 Packet Pg. 78 [FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM INDEX NO. 2 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 06/20/2017 i IQtn Attorney-• far Plaintiff WILL NOT accept any assignments at bid from any prospective third party Pttrchas,-r foilo«-ing the completion, of tais oreelosure sale. One must be prese:ned at the time of sale For consideration. Dated: January 18. 2-01711 23 of 26 1 Packet Pg. 79 t FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM INDEX NO. NYSCEF DOC. NO. 39 RECEIVED NYSCEF: MEMORANDUM OF SALE" N16_ have (has) on January 18. 2-017, purchased the premises described in the annexed prinmd Advertisement of Sale, for the Burn of Dollars (S ) over and above all liens anti encurrrhrances therein set fonh, and hereby prontise(s) and a-ree{s) to comply with the terms and ::o,_dit?ons of the sale (,fsaid premise;, as set forth. Dated: January .18, 20, 17 OR Purchaser',, Signature a 1'trrchaser:s Address Purchaser's Phone Number Purchaser's Attorney. Plaintiff or itsAssignee being the successful bidder for the sunt of Dollam (0-IN09)' ), the ten percent deposit on the amount bid by it for the property sold by me under the Judgment in the above entitled action is hereby waived. Dated: January 18. 2017 4 Raphael arse, Referee 2 06/20/2017 24 of 26 1 Packet Pg. 80 [FILED: DUTCHESS COUNTY CLERK 06/20/2017 10:07 AM INDEX NO. 2 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 06/20/2017 PURCHASER'S RECEIPT Received from the su-ni of _ Dollars rS ), being ten percent, on :he amount bid by for die property :old by me, under ti -,e JuGgnient in the above entitled act it>n. 'W" -111e, t, n percent deposit 1S PLAINTIFF'S RF.CECFT DAVIDSON FINK LLP Attorneys for Plaintiff 25 of 26 Packet Pg. 81 t (FILED : DUTCHESS COUNTY CLERK 06/20/2017 10 : 0 7 AM INDEX NO. 2 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 06/20/2017 REFEREE'S NOTICE OF SALE IN FORECLOSURE SUPREME COURT —COUNTY OF DUTCHESS VENTURES TRUST 2013 -1 -H -R BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE, Plaintiff — against — LISA DIMARZO, et al Defendant(s). Pursuant to a Judgment of Foreclosure and Sale granted on November 07, 2016. I, the undersigned Referee will sell at public auction, at the rear vestibule, Dutchess County Courthouse, 10 Market Street, City of Poughkeepsie, Dutchess County, New York on the 18`v' Day of January, 2017 at 2:30 p.m. All that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in die Town of Wappinger, Dutchess County,. New York. Premises known as 33 Bowdoin Lane, Wappingers Falls, (Town of Wappinger) NY 12590. (Section: 6057, Block: 04, Lot: 818482) Approximate amount of lien $169,360.06 plus interest and costs. Premises will be sold subject to provisions of filed judgment and terms of sale. Index No. 2015-50890. Raphael J. Basso, Esq., Referee. Davidson Fink LLP Attorney(s) for Plaintiff 28 East Main Street, Suite 1700 Rochester, NY 14614-1990 Tel. 585/760-8218 Dated: November 21, 2016 26 of 26 1 Packet Pg. 82 Dutchess County Clerk Recorded Liber Page Comment Tax District(s) 6/21/2017 Wappinger Error / Party Type Correction Name Date Filed Grantor DIMARZO LOUIS 6/21/2017 Grantee VENTURES TRUST 20131 H R 6/21/2017 Printed on 6/21/2017 6:36:37 PM Page 1 of 1 5.1.a Deet! - 02-2017-4427 Packet Pg. 83 t. 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. 84 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. 85 1 Legend Residential - Low Density Residential - Medium Density Commercial Conservation Office Park Institutional Recreation EXHIBIT A PROPOSED DEGARMO PLAZA AMENDMENT TO COMPREHENSIVE PLAN Town of Wappinger, New York NOTE This map was compiled from multiple datasets with diff erea�t scales and p,.T-i.- and should -ly b, used for g -,ml pl-,�mg purposes. 9.2.a Ro. FREDERICK P. CLARK ASSOCIATES, INC qey Planning/Development/Environment/Transportation \ FEET 400 300 200 100 0 400 N 111 Packet Pg. 86 9.3.a NEW YORK STATE DEPARTMENT OF STATE 5-17-17 41 STATE STREET ALBANY, NY 12231 Local Law Filin (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 5 of the year 2017 A local law entitled "Local Law No. of 2017 for the Purpose of Amending Chapter 240, Zoning of the Town Code by Modifying the Shopping Center (SC) District and Changing the Zoning of Two Parcels to SC." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) Packet Pg. 87 LOCAL LAW No. 5 OF THE YEAR 2017 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law No. 5 of 2017, for the Purpose of Amending Chapter 240, Zoning, of the Town Code by Modifying the Shopping Center (SC) District and Changing the Zoning of Two Parcels to SC." Section 2: Legislative Intent The Town Board believes that it is reasonable and appropriate to amend Chapter 240, Zoning, of the Town Code with by modifying the Shopping Center (SC) District and changing the zoning of two parcels to SC. The zoning in this local law is consistent with the Town Comprehensive Plan. Further, this local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3: Amendment to the Text of Chapter 240, Zoning In the Schedule of Dimensional Regulations - Nonresidential Districts at 240 Attachment 4:1, the minimum lot area in the Shopping Center District shall be changed from 10 acres to 5 acres. Section 4. Changing of Zoning District Designations of Parcels The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Tax Parcel Number(s) Subject Property Address Owner's Name and Address Existing Zoning District New Zoning District 235-237 Myers Corners Road Jusomi Holdings LLC NB SC 6258-02-759569 Wappinger, NY 12590 851 Route 22 Neighborhood Shopping Brewster, NY 10509 Business Center Myers Comers Road Jusomi Holdings LLC R-40 SC 6258-02-781586 Wappinger, NY 12590 851 Route 22 1 -Family Shopping Brewster, NY 10509 Residence Center 2 9.3.a Packet Pg. 88 Section 5. Amendments to the Zoning Map of Chapter 240, Zoning The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 4 above, as shown on Exhibit A entitled, "Proposed DeGarmo Plaza Rezoning," dated March 31, 2017and attached hereto. Section 6: Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 7: Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 8: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 9: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. Attachment: Exhibit A J:TOCS2\500\Wappinger\Code Amendmts2017\SC degarmo LL v2.0.dhs.doc 3 9.3.a Packet Pg. 89 1 ezoigliiq Elmo n \ I: j Lin S LEGEND uuuuuuuuuuuuuuuuuuuumuuuuuuuuuuuuumuuuuu Existing Zoning District Boundary �u,iiuuu Existing Zoning District Boundary to be Removed I I I I Proposed Zoning District Boundary I 9.3.b I N PROPOSED DEGARMO PLAZA REZONING Town of Wappinger, NY FREDERICK P. CLARK ASSOCIATES, INC. Exhibit + PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT n Scale in Feet 400 0 Packet Pg. 90 TOWN OF WAPPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE IIIIIIIII uuou m uuu uuuuuuu Vuu uuum uuum Vuu IIIIIIIII �� Vuu uuu uuo uuuuuuuu uuu uuum uuum Vuu uuu uuuuuuuu uuuuuuuu umi "'sill V°" Illllllllll�j � uuum°uum �u" oiuuuuum �� uuumuuu Illllllllll�j �. ����Illlu�, uum oiiuuuuuu ����Illllo ����Illlli�, oiiiiiiiiiiiiii oiiiiiiiiiiiiii uum uuuuu umluVVul� uuuuu umiu' umu� I I �� uuuuuuuu uuuuuuuu umu TO: DATE: June 19, 2017 COMPLAINT #: 2017-02 TAX PARCEL ID: 6056-01-237810 OWNER(S) OF RECORD: SD Funding, Inc. PROPERTY ADDRESS: 1 Circle Drive MAILING ADDRESS: 1 Croton Point Avenue, Croton -on -Hudson, NY 10520 MORTGAGEE/LIENHOLDER OF RECORD: MORTGAGEE/LIENHOLDER MAILING ADDRESS: PLEASE TAKE NOTICE that � 185-3(C) of the Town of Wappinger Code provides that: All landscaping facilities and plantings, whenever exposed to public view, shall be maintained so that lawns, hedges, shrubbery, ornamental bushes and trees shall be kept pruned and trimmed and free from becoming overgrown and unsightly. Yards shall be maintained so that grasses and weeds shall not exceed 10 inches in height. On June 16, 2017 at 2:00 p.m., the Zoning Administrator ("Enforcement Official") of the Town of Wappinger inspected your Property and determined that grasses and/or weeds on the Property exceed ten (10) inches in height and the property is unsightly in violation of § 185-3(C). The grasses and/or weeds on the Property must be mowed or trimmed below ten (10) inches in height on or before seven days from the date of this order, that is June 26, 2017. The Town Board of the Town of Wappinger will hold a hearing on June 26, 2017 at 7:30 p.m., or as soon thereafter that the hearing can take place, at the Town of Wappinger Town Hall located at 20 Middlebush Road, Wappingers Falls, New York 12590, to determine whether the Property is in compliance with the standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town Code). The owner, lessee, tenant, occupant or other person having charge of the Property has an opportunity to appear and be heard at said public hearing to offer proof that the property is in compliance with the standards of Chapter 185 or that additional time is needed to take corrective action to cure the violation. PLEASE TAKE NOTE THAT if the Property owner, lessee, tenant, occupant or other person having charge of any premises does not comply with this Order to Remedy, the Town of Wappinger intends to enter onto the property, take corrective action, and assess the costs of the corrective action as a lien against the property and levy such lien on the Town tax bill if not paid. If the grasses and/or weeds on the property have been cut and the Property is brought into compliance, please notify the Town of Wappinger Code Enforcement Department at (845) 297-6256 to halt further proceedings. BARBARA ROBERTI ZONING ADMINISTRATOR/ ENFORCEMENT OFFICIAL Exhibit "A" 9.5.a Packet Pg. 91 TOWN OF WAPPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE "'illl Iluuuuuil�'" ouuuuuuuuuu uuu uuuuuuuuui "'illl ����OIIV� uuu iiiiilm� i IrII� ui VIVA, V IIIIIIIIIIIIIIIIIIIIIVltli,, uuuuuuiuuuuiiilll� uuuuuuiW������11111111111111 uuuuuuuuuuuD uuu °""IVi, uuuuiiilll� uou�ll uuu uuu TO: COMPLAINT #: 2017-02 OWNER(S) OF RECORD: SD Funding, Inc. PROPERTY ADDRESS: 1 Circle Drive TAX PARCEL ID: 6056-01-237810 ("PROPERTY") MAILING ADDRESS: 1 Croton Point Avenue, Croton -on -Hudson, NY 10520 MORTGAGEE OF RECORD: MORTGAGEE MAILING ADDRESS: PLEASE TAKE NOTICE that the Zoning Administrator ("Enforcement Official') of the Town of Wappinger determined that weeds and/or grass on the Property exceeds ten (10) inches in height which violates � 185-3(C) of the Town of Wappinger Code. On June 16, 2017, the Enforcement Official issued an Order to Remedy which directed that the weeds and/or grass should be cut and the violations existing on your property be cured on or before June 26, 2017. In accordance with Chapter 185 of the Town Code, the Enforcement Official filed a written report with the Town Board of the Town of Wappinger noting that he/she has inspected the Property and found that weeds and/or grass on the property exceeded ten (10) inches and the Property were not in compliance with the property maintenance requirements of Chapter 185. At its June 26, 2017 meeting, the Town Board of the Town of Wappinger considered the report of the Enforcement Official and any evidence presented at the meeting and, pursuant to the provisions of Chapter 185 of the Town Code, duly adopted a resolution that determined the height of weeds and/or grass on the property exceeded ten (10) inches in height and the Property was not in compliance with the property maintenance requirements of Chapter 185. PLEASE TAKE FURTHER NOTICE that the Town Board authorized employees of the Town, or its agents or contractors, to enter onto the Property to cut the weeds and/or grass on the Property and assess the cost of such remediation against the Property and the expense so assessed shall constitute a lien and charge on the Property until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town taxes. If the weeds and grass on the property have been cut, please notify the Town of Wappinger Code Enforcement Department immediately at (845) 297-6256. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Dated: June 27, 2017 JOSEPH P. PAOLONI TOWN CLERK Exhibit "B" 9.5.b Packet Pg. 92 TOWN OF WAPPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE IIIIIIIII uuou m uuu uuuuuuu Vuu uuum uuum Vuu IIIIIIIII �� Vuu uuu uuo uuuuuuuu uuu uuum uuum Vuu uuu uuuuuuuu uuuuuuuu umi "'sill V°" Illllllllll�j � uuum°uum �u" oiuuuuum �� uuumuuu Illllllllll�j �. ����Illlu�, uum oiiuuuuuu ����Illllo ����Illlli�, oiiiiiiiiiiiiii oiiiiiiiiiiiiii uum TO: COMPLAINT #: 2017-05 TAX PARCEL ID: OWNER(S) OF RECORD PROPERTY ADDRESS: MAILING ADDRESS: uuuuu umluVVul� uuuuu umiu' umu� I I �� uuuuuuuu uuuuuuuu umu 6258-02-572600 HSBC Bank USA NA 111 All Angels Hill Road 1 Mortgage Way, Mt. Laurel, NJ 08054 MORTGAGEE/LIENHOLDER OF RECORD: N/A MORTGAGEE/LIENHOLDER MAILING ADDRESS: DATE: June 19, 2017 PLEASE TAKE NOTICE that � 185-3(C) of the Town of Wappinger Code provides that: All landscaping facilities and plantings, whenever exposed to public view, shall be maintained so that lawns, hedges, shrubbery, ornamental bushes and trees shall be kept pruned and trimmed and free from becoming overgrown and unsightly. Yards shall be maintained so that grasses and weeds shall not exceed 10 inches in height. On June 16, 2017 at 1:30 p.m., the Zoning Administrator ("Enforcement Official") of the Town of Wappinger inspected your Property and determined that grasses and/or weeds on the Property exceed ten (10) inches in height and the property is unsightly in violation of § 185-3(C). The grasses and/or weeds on the Property must be mowed or trimmed below ten (10) inches in height on or before seven days from the date of this order, that is June 26, 2017. The Town Board of the Town of Wappinger will hold a hearing on June 26, 2017 at 7:30 p.m., or as soon thereafter that the hearing can take place, at the Town of Wappinger Town Hall located at 20 Middlebush Road, Wappingers Falls, New York 12590, to determine whether the Property is in compliance with the standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town Code). The owner, lessee, tenant, occupant or other person having charge of the Property has an opportunity to appear and be heard at said public hearing to offer proof that the property is in compliance with the standards of Chapter 185 or that additional time is needed to take corrective action to cure the violation. PLEASE TAKE NOTE THAT if the Property owner, lessee, tenant, occupant or other person having charge of any premises does not comply with this Order to Remedy, the Town of Wappinger intends to enter onto the property, take corrective action, and assess the costs of the corrective action as a lien against the property and levy such lien on the Town tax bill if not paid. If the grasses and/or weeds on the property have been cut and the Property is brought into compliance, please notify the Town of Wappinger Code Enforcement Department at (845) 297-6256 to halt further proceedings. BARBARA ROBERTI ZONING ADMINISTRATOR/ ENFORCEMENT OFFICIAL Exhibit "A" 9.6.a Packet Pg. 93 9.6.b TOWN OF WAPPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE "'illl Iluuuuuil�'" ouuuuuuuuuu uuu uuuuuuuuui "'illl ����OIIV� uuu iiiiilm� i IrII� ui VIVA, V IIIIIIIIIIIIIIIIIIIIIVltli,, uuuuuuiuuuuiiilll� uuuuuuiW������11111111111111 uuuuuuuuuuuD uuu °""IVi, uuuuiiilll� uou�ll uuu uuu TO: COMPLAINT #: 2017-05 OWNER(S) OF RECORD: HSBC Bank USA NA PROPERTY ADDRESS: 111 All Angels Hill Road TAX PARCEL ID: 6258-02-572600 ("PROPERTY") MAILING ADDRESS: 1 Mortgage Way, Mt. Laurel, NJ 08054 MORTGAGEE OF RECORD: N/A MORTGAGEE MAILING ADDRESS: PLEASE TAKE NOTICE that the Zoning Administrator ("Enforcement Official') of the Town of Wappinger determined that weeds and/or grass on the Property exceeds ten (10) inches in height which violates � 185-3(C) of the Town of Wappinger Code. On June 16, 2017, the Zoning Administrator issued an Order to Remedy which directed that the weeds and/or grass should be cut and the violations existing on your property be cured on or before June 26, 2017. In accordance with Chapter 185 of the Town Code, the Enforcement Official filed a written report with the Town Board of the Town of Wappinger noting that he/she has inspected the Property and found that weeds and/or grass on the property exceeded ten (10) inches and the Property were not in compliance with the property maintenance requirements of Chapter 185. At its June 26, 2017 meeting, the Town Board of the Town of Wappinger considered the report of the Enforcement Official and any evidence presented at the meeting and, pursuant to the provisions of Chapter 185 of the Town Code, Uj duly adopted a resolution that determined the height of weeds and/or grass on the property exceeded ten (10) inches W in height and the Property was not in compliance with the property maintenance requirements of Chapter 185. PLEASE TAKE FURTHER NOTICE that the Town Board authorized employees of the Town, or its as agents or contractors, to enter onto the Property to cut the weeds and/or grass on the Property and assess the cost of such remediation against the Property and the expense so assessed shall constitute a lien and charge on the Property until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town taxes. as If the weeds and grass on the property have been cut, please notify the Town of Wappinger Code Enforcement Department immediately at (845) 297-6256. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Dated: June 27, 2017 JOSEPH P. PAOLONI TOWN CLERK Exhibit "B" Packet Pg. 94 TOWN OF WAPPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE IIIIIIIII uuou m uuu uuuuuuu Vuu uuum uuum Vuu IIIIIIIII �� Vuu uuu uuo uuuuuuuu uuu uuum uuum Vuu uuu uuuuuuuu uuuuuuuu umi "'sill V°" Illllllllll�j � uuum°uum �u" oiuuuuum �� uuumuuu Illllllllll�j �. ����Illlu�, uum oiiuuuuuu ����Illllo ����Illlli�, oiiiiiiiiiiiiii oiiiiiiiiiiiiii uum uuuuu umluVVul� uuuuu umiu' umu� I I �� uuuuuuuu uuuuuuuu umu TO: DATE: June 19, 2017 COMPLAINT #: 2017-06 TAX PARCEL ID: 6157-01-487887 OWNER(S) OF RECORD: Adam White/Michael Volkmann PROPERTY ADDRESS: 45 Middlebush Road MAILING ADDRESS: 45 Middlebush Road, Wappingers Falls, NY 12590 MORTGAGEE/LIENHOLDER OF RECORD: N/A MORTGAGEE/LIENHOLDER MAILING ADDRESS: PLEASE TAKE NOTICE that � 185-3(C) of the Town of Wappinger Code provides that: All landscaping facilities and plantings, whenever exposed to public view, shall be maintained so that lawns, hedges, shrubbery, ornamental bushes and trees shall be kept pruned and trimmed and free from becoming overgrown and unsightly. Yards shall be maintained so that grasses and weeds shall not exceed 10 inches in height. On June 16, 2017 at 12:00 p.m., the Zoning Administrator ("Enforcement Official") of the Town of Wappinger inspected your Property and determined that grasses and/or weeds on the Property exceed ten (10) inches in height and the property is unsightly in violation of § 185-3(C). The grasses and/or weeds on the Property must be mowed or trimmed below ten (10) inches in height on or before seven days from the date of this order, that is June 26, 2017. The Town Board of the Town of Wappinger will hold a hearing on June 26, 2017 at 7:30 p.m., or as soon thereafter that the hearing can take place, at the Town of Wappinger Town Hall located at 20 Middlebush Road, Wappingers Falls, New York 12590, to determine whether the Property is in compliance with the standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town Code). The owner, lessee, tenant, occupant or other person having charge of the Property has an opportunity to appear and be heard at said public hearing to offer proof that the property is in compliance with the standards of Chapter 185 or that additional time is needed to take corrective action to cure the violation. PLEASE TAKE NOTE THAT if the Property owner, lessee, tenant, occupant or other person having charge of any premises does not comply with this Order to Remedy, the Town of Wappinger intends to enter onto the property, take corrective action, and assess the costs of the corrective action as a lien against the property and levy such lien on the Town tax bill if not paid. If the grasses and/or weeds on the property have been cut and the Property is brought into compliance, please notify the Town of Wappinger Code Enforcement Department at (845) 297-6256 to halt further proceedings. BARBARA ROBERTI ZONING ADMINISTRATOR/ ENFORCEMENT OFFICIAL Exhibit "A" 9.7.a Packet Pg. 95 TOWN OF WAPPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE "'illl Iluuuuuil�'" ouuuuuuuuuu uuu uuuuuuuuui "'illl ����OIIV� uuu iiiiilm� i IrII� ui VIVA, V IIIIIIIIIIIIIIIIIIIIIVltli,, uuuuuuiuuuuiiilll� uuuuuuiW������11111111111111 uuuuuuuuuuuD uuu °""IVi, uuuuiiilll� uou�ll uuu uuu TO: COMPLAINT #: 2017-06 OWNER(S) OF RECORD: Adam White/Michael Volkmann PROPERTY ADDRESS: 45 Middlebush Road TAX PARCEL ID: 6157-01-487887 ("PROPERTY") MAILING ADDRESS: 45 Middlebush Road MORTGAGEE OF RECORD: N/A MORTGAGEE MAILING ADDRESS: PLEASE TAKE NOTICE that the Zoning Administrator ("Enforcement Official') of the Town of Wappinger determined that weeds and/or grass on the Property exceeds ten (10) inches in height which violates � 185-3(C) of the Town of Wappinger Code. On June 16, 2017, the Zoning Administrator issued an Order to Remedy which directed that the weeds and/or grass should be cut and the violations existing on your property be cured on or before June 26, 2017. In accordance with Chapter 185 of the Town Code, the Enforcement Official filed a written report with the Town Board of the Town of Wappinger noting that he/she has inspected the Property and found that weeds and/or grass on the property exceeded ten (10) inches and the Property were not in compliance with the property maintenance requirements of Chapter 185. At its June 26, 2017 meeting, the Town Board of the Town of Wappinger considered the report of the Enforcement Official and any evidence presented at the meeting and, pursuant to the provisions of Chapter 185 of the Town Code, duly adopted a resolution that determined the height of weeds and/or grass on the property exceeded ten (10) inches in height and the Property was not in compliance with the property maintenance requirements of Chapter 185. PLEASE TAKE FURTHER NOTICE that the Town Board authorized employees of the Town, or its agents or contractors, to enter onto the Property to cut the weeds and/or grass on the Property and assess the cost of such remediation against the Property and the expense so assessed shall constitute a lien and charge on the Property until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town taxes. If the weeds and grass on the property have been cut, please notify the Town of Wappinger Code Enforcement Department immediately at (845) 297-6256. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Dated: June 27, 2017 JOSEPH P. PAOLONI TOWN CLERK Exhibit "B" 9.7.b Packet Pg. 96 TOWN OF WAPPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE IIIIIIIII uuou m uuu uuuuuuu Vuu uuum uuum Vuu IIIIIIIII �� Vuu uuu uuo uuuuuuuu uuu uuum uuum Vuu uuu uuuuuuuu uuuuuuuu umi "'sill V°" Illllllllll�j � uuum°uum �u" oiuuuuum �� uuumuuu Illllllllll�j �. ����Illlu�, uum oiiuuuuuu ����Illllo ����Illlli�, oiiiiiiiiiiiiii oiiiiiiiiiiiiii uum uuuuu umluVVul� uuuuu umiu' umu� I I �� uuuuuuuu uuuuuuuu umu TO: DATE: June 19, 2017 COMPLAINT #: 2017-07 TAX PARCEL ID: 6258-04-658160 OWNER(S) OF RECORD: John & Debra Proctor PROPERTY ADDRESS: 12 Robin Lane MAILING ADDRESS: 12 Robin Lane, Wappingers Falls, NY 12590 MORTGAGEE/LIENHOLDER OF RECORD: N/A MORTGAGEE/LIENHOLDER MAILING ADDRESS: PLEASE TAKE NOTICE that � 185-3(C) of the Town of Wappinger Code provides that: All landscaping facilities and plantings, whenever exposed to public view, shall be maintained so that lawns, hedges, shrubbery, ornamental bushes and trees shall be kept pruned and trimmed and free from becoming overgrown and unsightly. Yards shall be maintained so that grasses and weeds shall not exceed 10 inches in height. On June 16, 2017 at 12:30 p.m., the Zoning Administrator ("Enforcement Official") of the Town of Wappinger inspected your Property and determined that grasses and/or weeds on the Property exceed ten (10) inches in height and the property is unsightly in violation of § 185-3(C). The grasses and/or weeds on the Property must be mowed or trimmed below ten (10) inches in height on or before seven days from the date of this order, that is June 26, 2017. The Town Board of the Town of Wappinger will hold a hearing on June 26, 2017 at 7:30 p.m., or as soon thereafter that the hearing can take place, at the Town of Wappinger Town Hall located at 20 Middlebush Road, Wappingers Falls, New York 12590, to determine whether the Property is in compliance with the standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town Code). The owner, lessee, tenant, occupant or other person having charge of the Property has an opportunity to appear and be heard at said public hearing to offer proof that the property is in compliance with the standards of Chapter 185 or that additional time is needed to take corrective action to cure the violation. PLEASE TAKE NOTE THAT if the Property owner, lessee, tenant, occupant or other person having charge of any premises does not comply with this Order to Remedy, the Town of Wappinger intends to enter onto the property, take corrective action, and assess the costs of the corrective action as a lien against the property and levy such lien on the Town tax bill if not paid. If the grasses and/or weeds on the property have been cut and the Property is brought into compliance, please notify the Town of Wappinger Code Enforcement Department at (845) 297-6256 to halt further proceedings. BARBARA ROBERTI ZONING ADMINISTRATOR/ ENFORCEMENT OFFICIAL Exhibit "A" 9.8.a Packet Pg. 97 9.8.b TOWN OF WAPPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE "'illl Iluuuuuil�'" ouuuuuuuuuu uuu uuuuuuuuui "'illl ����OIIV� uuu iiiiilm� i IrII� ui VIVA, V IIIIIIIIIIIIIIIIIIIIIVltli,, uuuuuuiuuuuiiilll� uuuuuuiW������11111111111111 uuuuuuuuuuuD uuu °""IVi, uuuuiiilll� uou�ll uuu uuu TO: COMPLAINT #: 2017-07 OWNER(S) OF RECORD: John & Debra Proctor PROPERTY ADDRESS: 12 Robin Lane TAX PARCEL ID: 6258-04-658160 ("PROPERTY") MAILING ADDRESS: 12 Robin Lane MORTGAGEE OF RECORD: N/A MORTGAGEE MAILING ADDRESS: PLEASE TAKE NOTICE that the Zoning Administrator ("Enforcement Official') of the Town of Wappinger determined that weeds and/or grass on the Property exceeds ten (10) inches in height which violates � 185-3(C) of the a Town of Wappinger Code. On June 16, 2017, the Zoning Administrator issued an Order to Remedy which directed 0 that the weeds and/or grass should be cut and the violations existing on your property be cured on or before June 26, 2017. In accordance with Chapter 185 of the Town Code, the Enforcement Official filed a written report with the Town 0 Board of the Town of Wappinger noting that he/she has inspected the Property and found that weeds and/or grass on the property exceeded ten (10) inches and the Property were not in compliance with the property maintenance requirements of Chapter 185. 00 e At its June 26, 2017 meeting, the Town Board of the Town of Wappinger considered the report of the Enforcement Official and any evidence presented at the meeting and, pursuant to the provisions of Chapter 185 of the Town Code, duly adopted a resolution that determined the height of weeds and/or grass on the property exceeded ten (10) inches Uj in height and the Property was not in compliance with the property maintenance requirements of Chapter 185. PLEASE TAKE FURTHER NOTICE that the Town Board authorized employees of the Town, or its 0 agents or contractors, to enter onto the Property to cut the weeds and/or grass on the Property and assess the cost of such remediation against the Property and the expense so assessed shall constitute a lien and charge on the Property until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town taxes. cc If the weeds and grass on the property have been cut, please notify the Town of Wappinger Code Enforcement Department immediately at (845) 297-6256. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Dated: June 27, 2017 9; JOSEPH P. PAOLONI TOWN CLERK Exhibit "B" Packet Pg. 98 TOWN OF WAPPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE IIIIIIIII uuou m uuu uuuuuuu Vuu uuum uuum Vuu IIIIIIIII �� Vuu uuu uuo uuuuuuuu uuu uuum uuum Vuu uuu uuuuuuuu uuuuuuuu umi "'sill V°" Illllllllll�j � uuum°uum �u" oiuuuuum �� uuumuuu Illllllllll�j �. ����Illlu�, uum oiiuuuuuu ����Illllo ����Illlli�, oiiiiiiiiiiiiii oiiiiiiiiiiiiii uum uuuuu umluVVul� uuuuu umiu' umu� I I �� uuuuuuuu uuuuuuuu umu TO: DATE: June 19, 2017 COMPLAINT #: 2017-08 TAX PARCEL ID: 6257-02-849542 OWNER(S) OF RECORD: John & Patricia Toia PROPERTY ADDRESS: 12 Doyle Drive MAILING ADDRESS: 12 Doyle Drive, Wappingers Falls, NY 12590 MORTGAGEE/LIENHOLDER OF RECORD: N/A MORTGAGEE/LIENHOLDER MAILING ADDRESS: PLEASE TAKE NOTICE that � 185-3(C) of the Town of Wappinger Code provides that: All landscaping facilities and plantings, whenever exposed to public view, shall be maintained so that lawns, hedges, shrubbery, ornamental bushes and trees shall be kept pruned and trimmed and free from becoming overgrown and unsightly. Yards shall be maintained so that grasses and weeds shall not exceed 10 inches in height. On June 15, 2017 at 1:30 p.m., the Zoning Administrator ("Enforcement Official") of the Town of Wappinger inspected your Property and determined that grasses and/or weeds on the Property exceed ten (10) inches in height and the property is unsightly in violation of § 185-3(C). The grasses and/or weeds on the Property must be mowed or trimmed below ten (10) inches in height on or before seven days from the date of this order, that is June 26, 2017. The Town Board of the Town of Wappinger will hold a hearing on June 26, 2017 at 7:30 p.m., or as soon thereafter that the hearing can take place, at the Town of Wappinger Town Hall located at 20 Middlebush Road, Wappingers Falls, New York 12590, to determine whether the Property is in compliance with the standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town Code). The owner, lessee, tenant, occupant or other person having charge of the Property has an opportunity to appear and be heard at said public hearing to offer proof that the property is in compliance with the standards of Chapter 185 or that additional time is needed to take corrective action to cure the violation. PLEASE TAKE NOTE THAT if the Property owner, lessee, tenant, occupant or other person having charge of any premises does not comply with this Order to Remedy, the Town of Wappinger intends to enter onto the property, take corrective action, and assess the costs of the corrective action as a lien against the property and levy such lien on the Town tax bill if not paid. If the grasses and/or weeds on the property have been cut and the Property is brought into compliance, please notify the Town of Wappinger Code Enforcement Department at (845) 297-6256 to halt further proceedings. BARBARA ROBERTI ZONING ADMINISTRATOR/ ENFORCEMENT OFFICIAL Exhibit "A" 9.9.a Packet Pg. 99 9.9.b TOWN OF WAPPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE "'illl Iluuuuuil�'" ouuuuuuuuuu uuu uuuuuuuuui "'illl ����OIIV� uuu iiiiilm� i IrII� ui VIVA, V IIIIIIIIIIIIIIIIIIIIIVltli,, uuuuuuiuuuuiiilll� uuuuuuiW������11111111111111 uuuuuuuuuuuD uuu °""IVi, uuuuiiilll� uou�ll uuu uuu TO: COMPLAINT #: 2017-08 OWNER(S) OF RECORD: John & Patricia Toia PROPERTY ADDRESS: 12 Doyle Drive TAX PARCEL ID: 6257-02-849542 ("PROPERTY") MAILING ADDRESS: 12 Doyle Drive, Wappingers Falls, NY 12590 MORTGAGEE OF RECORD: N/A MORTGAGEE MAILING ADDRESS: PLEASE TAKE NOTICE that the Zoning Administrator ("Enforcement Official') of the Town of Wappinger determined that weeds and/or grass on the Property exceeds ten (10) inches in height which violates � 185-3(C) of the Town of Wappinger Code. On June 15, 2017, the Zoning Administrator issued an Order to Remedy which directed that the weeds and/or grass should be cut and the violations existing on your property be cured on or before June 26, 2017. In accordance with Chapter 185 of the Town Code, the Enforcement Official filed a written report with the Town Board of the Town of Wappinger noting that he/she has inspected the Property and found that weeds and/or grass on the property exceeded ten (10) inches and the Property were not in compliance with the property maintenance requirements of Chapter 185. At its June 26, 2017 meeting, the Town Board of the Town of Wappinger considered the report of the Enforcement Official and any evidence presented at the meeting and, pursuant to the provisions of Chapter 185 of the Town Code, duly adopted a resolution that determined the height of weeds and/or grass on the property exceeded ten (10) inches in height and the Property was not in compliance with the property maintenance requirements of Chapter 185. as PLEASE TAKE FURTHER NOTICE that the Town Board authorized employees of the Town, or its agents or contractors, to enter onto the Property to cut the weeds and/or grass on the Property and assess the cost of such remediation against the Property and the expense so assessed shall constitute a lien and charge on the Property until paid or otherwise satisfied or discharged and shall otherwise be collected in the 4) same manner and at the same time as other Town taxes. If the weeds and grass on the property have been cut, please notify the Town of Wappinger Code Enforcement Department immediately at (845) 297-6256. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Dated: June 27, 2017 JOSEPH P. PAOLONI TOWN CLERK Exhibit "B" Packet Pg. 100 TOWN OF WAPPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE IIIIIIIII uuou m uuu uuuuuuu Vuu uuum uuum Vuu IIIIIIIII �� Vuu uuu uuo uuuuuuuu uuu uuum uuum Vuu uuu uuuuuuuu uuuuuuuu umi "'sill V°" Illllllllll�j � uuum°uum �u" oiuuuuum �� uuumuuu Illllllllll�j �. ����Illlu�, uum oiiuuuuuu ����Illllo ����Illlli�, oiiiiiiiiiiiiii oiiiiiiiiiiiiii uum uuuuu umluVVul� uuuuu umiu' umu� I I �� uuuuuuuu uuuuuuuu umu TO: DATE: June 19, 2017 COMPLAINT #: 2017-09 TAX PARCEL ID: 6057-04-808482 OWNER(S) OF RECORD: Lisa DiMarzo PROPERTY ADDRESS: 33 Bowdoin Lane MAILING ADDRESS: 33 Bowdoin Lane, Wappingers Falls, NY 12590 MORTGAGEE/LIENHOLDER OF RECORD: N/A MORTGAGEE/LIENHOLDER MAILING ADDRESS: PLEASE TAKE NOTICE that � 185-3(C) of the Town of Wappinger Code provides that: All landscaping facilities and plantings, whenever exposed to public view, shall be maintained so that lawns, hedges, shrubbery, ornamental bushes and trees shall be kept pruned and trimmed and free from becoming overgrown and unsightly. Yards shall be maintained so that grasses and weeds shall not exceed 10 inches in height. 9.10.a On June 16, 2017 at 3:00 p.m., the Zoning Administrator ("Enforcement Official") of the Town of Wappinger inspected your Property and determined that grasses and/or weeds on the Property exceed ten (10) inches in height and the property is unsightly in violation of § 185-3(C). The grasses and/or weeds on the Property must be mowed or trimmed below ten (10) inches in height on or before seven days from the date of this order, that is June 26, 2017. The Town Board of the Town of Wappinger will hold a hearing on June 26, 2017 at 7:30 p.m., or as soon thereafter that the hearing can take place, at the Town of Wappinger Town Hall located at 20 Middlebush Road, Wappingers Falls, New York 12590, to determine whether the Property is in compliance with the standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town Code). The owner, lessee, tenant, occupant or other person having charge of the Property has an opportunity to appear and be heard at said public hearing to offer proof that the property is in compliance with the standards of Chapter 185 or that additional time is needed to take corrective action to cure the violation. PLEASE TAKE NOTE THAT if the Property owner, lessee, tenant, occupant or other person having charge of any premises does not comply with this Order to Remedy, the Town of Wappinger intends to enter onto the property, take corrective action, and assess the costs of the corrective action as a lien against the property and levy such lien on the Town tax bill if not paid. If the grasses and/or weeds on the property have been cut and the Property is brought into compliance, please notify the Town of Wappinger Code Enforcement Department at (845) 297-6256 to halt further proceedings. BARBARA ROBERTI ZONING ADMINISTRATOR/ ENFORCEMENT OFFICIAL Exhibit "A" Packet Pg. 101 9.10.b TOWN OF WAPPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE "'illl Iluuuuuil�'" ouuuuuuuuuu uuu uuuuuuuuui "'illl ����OIIV� uuu iiiiilm� i IrII� ui VIVA, V IIIIIIIIIIIIIIIIIIIIIVltli,, uuuuuuiuuuuiiilll� uuuuuuiW������11111111111111 uuuuuuuuuuuD uuu °""IVi, uuuuiiilll� uou�ll uuu uuu TO: COMPLAINT #: 2017-09 OWNER(S) OF RECORD: Ventures Trust 2013 -I -H -R by MCM Capital Partners, LLC PROPERTY ADDRESS: 33 Bowdoin Lane TAX PARCEL ID: 6057-04-808482 ("PROPERTY") MAILING ADDRESS: 7500 Old Georgetown Road, Suite 1300, Bethesda, MD 20814 MORTGAGEE OF RECORD: N/A MORTGAGEE MAILING ADDRESS: PLEASE TAKE NOTICE that the Zoning Administrator ("Enforcement Official') of the Town of Wappinger determined that weeds and/or grass on the Property exceeds ten (10) inches in height which violates � 185-3(C) of the Town of Wappinger Code. On June 16, 2017, the Zoning Administrator issued an Order to Remedy which directed that the weeds and/or grass should be cut and the violations existing on your property be cured on or before June 26, 2017. In accordance with Chapter 185 of the Town Code, the Enforcement Official filed a written report with the Town Board of the Town of Wappinger noting that he/she has inspected the Property and found that weeds and/or grass on the property exceeded ten (10) inches and the Property were not in compliance with the property maintenance requirements of Chapter 185. At its June 26, 2017 meeting, the Town Board of the Town of Wappinger considered the report of the Enforcement Official and any evidence presented at the meeting and, pursuant to the provisions of Chapter 185 of the Town Code, duly adopted a resolution that determined the height of weeds and/or grass on the property exceeded ten (10) inches in height and the Property was not in compliance with the property maintenance requirements of Chapter 185. PLEASE TAKE FURTHER NOTICE that the Town Board authorized employees of the Town, or its agents or contractors, to enter onto the Property to cut the weeds and/or grass on the Property and assess the cost of such remediation against the Property and the expense so assessed shall constitute a lien and charge on the Property until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town taxes. If the weeds and grass on the property have been cut, please notify the Town of Wappinger Code Enforcement Department immediately at (845) 297-6256. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Dated: June 27, 2017 JOSEPH P. PAOLONI TOWN CLERK Exhibit "B" Packet Pg. 102