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2016-04-11 Town of Wappinger 20 Middlebush Road Wappingers Falls,NY 12590 Regular Meeting townofwappinger.us Minutes — Joseph Paoloni (845)297-5771 Monday, April 11, 2016 7:30 PM Town Hall I. Call to Order 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 Vincent Bettina Town of Wappinger Highway Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM Albert Roberts Consultant Atttorney Present 7:30 PM II. Salute to the Flag III. Adoption of Agenda 1. Motion To: Adopt Agenda ........ ......... ........ ......... ..... .. ....... ..... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Acknowledge Minutes 1. Motion To: Acknowledge Minutes of April 4, 2016 ......... ......... ......... ......... ......... ......... ......... ......... .... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page I Printed 411812016 Regular Meeting Minutes April 11, 2016 V. Correspondence Log RESOLUTION: 2016-131 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Leog - 20,16-04-11 Number To From Bate Bate Rec' Ree Agenda Bate 84-11-881 Lamn Grow lYmein Chem Dept of the Arm /Engineers 12128/2816 312812816 Permit App By Lazein G oup,Village of F 4/11/2816 84-11-802 Town Board LIFE In /Mark Roland 83/302816 3/3812816 LIFE In to perform aquatic control treatments 4/11/2816 84-11-883 Town Board UPI/Rebecca A Clemmer 2/2802816 3/382816 Inquiries Concerning Animal Consum ion 4/1112816 84-11-884 Town Board Alfred A.Cappelli Jr. 3/1612816 3/3812816 Re best for Water/Sprinkler Only,Sikh Temple 4/1112816 84-11-886 Town Board Margaret Lynch 3/8/2816 4/112816 Re best for Penalty to be' aived�lUater Sewer 411112816 84-11-886 Su eonsor Jim Bruce Flower 4/112816 4/112816 Board of Assessment RP4Aeww Appointment 4/1112816 84-11-884 Town Board Thomas Morris/Planning Board 31812816 313812816 Legal Notice Village of WF 411112816 84-11-888 Joseph P.Paoloni The Gax Law FirmlJohln 1141.Gax 41612816 41612816 Local Law No.2/Ado ion of Zoning/Solar 411112816 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-2016-131 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Voter Q ❑ ❑ ❑ .Vot ......... ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ ... .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 11, 2016 The Resolution is hereby duly declared Adopted. VI. Public Portion 1. Motion To: Open Public Portion Newly appointed Deputy Highway Superintendent Troy Swain rose to address the Town Board. He said, "I was appointed to Deputy Highway Superintendent. I've been a resident for over 20 years here and a taxpayer and worked here for 4 years or more. I just recently learned that my job is gonna be abolished and my truck is going to be taken away from me; and,prior to me, other administrations had it, and I was just wondering what's the cause of this? I did nothing wrong, it's just, I'm being treated unfairly at this point and I just wanted to know what was the reason." Councilman Kuzmicz interjected and said, "I can just say that I don't know what gave you that impression or who gave you that impression but the town has never voted on or considered to those measures." Deputy Highway Superintendent Swain said, "I've seen emails Town of Wappinger Page 2 Printed 411812016 Regular Meeting Minutes April 11, 2016 from actually Councilman Fenton." Supervisor Jiava tried to interject. Councilman Kuzmicz continued, "I can tell you as a member of the town board that we have not considered that at this time as far as I know that is not under consideration. I certainly do appreciate the job you've done as Deputy Highway Superintendent. I have no issue with the job that you've done as far as I'm concerned I'm not considering that move so I wanted to let you know that for the record." Councilman Fenton asked, "Troy, how'd you get those emails, I'm just curious." Mr. Swain said, "My Highway, me and Vinny, he's my supervisor, and it wasn't confidential." Councilman Fenton asked "And it wasn't confidential?" Mr. Swain said, "No." Supervisor Jiava said, "I'm going to interject for a second only because we don't want to take this off and you are a great asset you know that Troy; however, emails should be distributed through FOIL and I understand you've read it and that's okay, no town board businesses is allowed to be discussed in the email because emails are'FOIL able' we have your complaint on file we are going to be discussing it, the board has not convened since we've received it. We take matters like this very seriously; the town board has to act as a body not as individuals. We have the utmost respect for you and we would just like to have the opportunity to deliberate on this together. I would tell you that your concerns as an employee may feel valid, and they are, and we take it seriously and we will discuss it at length; and, if anything is to come up, we will give you the details and it will be investigated thoroughly. I just want you to be assured of that." Mr. Swain replied, "I've been even harassed, you know, with the N-word you know and..." Supervisor Jiava injected, "We do not take that lightly this is going to be investigated thoroughly, but we have not been able to convene as a town board in its entirety yet since we received it stamped April 7. We will be deliberating on this, this evening I can assure you. And as soon as details -- this is confidential information it's about your employment and we are not at liberty to discuss it in public. I can ensure that this will be addressed and you will definitely get details." Elouise Maxey from the audience spoke, "My name is Elouise Maxey,president of the Northern Dutchess N.A.A.C.P. Mr. Swain also brought this to my attention and I'm here and I'm glad to know that he has made you all aware of it and that you are investigating it. It IS serious, we take it very serious". Supervisor Jiava added, "We do too, we..." Elouise Maxey continued, "I am also concerned with Mr. Swain's safety. He's afraid, he looks over his shoulder, you know. The workplace has become a very hostile environment for him." Supervisor Jiava said "I assure you, we are going to be investigating this and your help and your safety is paramount to us. So, allow us just the opportunity to at least meet in executive session to discuss this cause this is confidential and to discuss this in public would not do any justice to anybody on the other side so we take it seriously and I assure you we will investigate this to the fullest". Elouise Maxey added, "Good, and, we will be monitoring this situation very closely because this is serious and you know the N-word is unacceptable. This is Wappingers 2016 not Alabama 1920". Supervisor Jiava said "Well we'll definitely be looking into this I assure you." Councilman Fenton added, "If you have any questions, you can call me directly." Councilman Beale added, "And let me just say one thing, Troy, we commended you for your service, your job is not on the line at all, okay. Understand that. You're not losing your job." Deputy Highway Superintendent Troy Swain interjected, "Demoted, I'm being demoted." Councilman Beale said, "Well, listen to what I have to say. There is zero tolerance in this town for any type of harassment. Okay, zero tolerance. I haven't received a memo yet, and the board members haven't received a memo yet. I got a phone call on Friday about this, and I'm very concerned. I think you're..., you're a good man. You do a great job for this town and I can tell you honestly diversity is key, okay; and, if there are people here who can't tolerate that, that's their problem. So, understand me when I say from my perspective once we take a look at these charges or once we look at.... I don't have anything on paper yet in front of me, we are going to take this very seriously. Councilman Kuzmicz added, "I concur with Councilman Beale" Mr. Swain said, "Thank you". Supervisor Town of Wappinger Page 3 Printed 411812016 Regular Meeting Minutes April 11, 2016 Jiava, added, "Thank you Troy. You'll be getting a copy this evening, we did not want to disseminate it through email because that is FOIL able and we wanted to protect your confidentiality. Thank you for coming we appreciate it." The discussion ended as Councilman Kuzmicz moved to close the public portion. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, 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 VII. Discussions 1. Motion To: Purchase Playground Equipment at Martz and Robinson Lane for $198,303 from Parkland Trust Ralph Holt and Recreation Director Fulton came to present a proposal to purchase playground equipment. Ralph said that the parks have not been taken care of for many years. The challenger field replaced the children's park at Robinson Lane. The other park is proposed at Martz field, where they hold the summer program for 135 or more children there. He suggested playground equipment there as well. He presented posters of the proposed equipment suitable for 5-12 year old children with equipment lifetime for 25 years. Committee member Rob Buyakowski rose to explain the costs of the field. Ralph pointed out that the highway department and the buildings and grounds unit would help out and thus reduce the costs by $39,000. The Playgrounds would be financed out of the parkland trust. Total costs for both parks are $198,303.07, installation included and from the NY state contract. She noted that the old equipment minus the swings is being kept. They all meet the safety requirements by NY State. Site work includes grading and spreading mulch. Highway Superintendent Bettina pointed out that the mulch is special mulch that meets the state requirements. Pat Corasetti will do the installation according to the state contract. A motion followed to approve the expenditure. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Hire Christopher Brewer as Seasonal Laborer Number One at the Rate Determined by the Budget Steve Frazier sent Christopher Brewer's resume for the'Seasonal Laborer Number One'position Town of Wappinger Page 4 Printed 411812016 Regular Meeting Minutes April 11, 2016 and recommends him. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VIII. Resolutions RESOLUTION: 2016-124 Resolution Authorizing The Execution Of An Inter-Municipal Cooperative Agreement Between The Town Wappinger, The Town Of Poughkeepsie And The Village Of Wappingers Falls For A Wappinger Creek Recreation Committee WHEREAS, the Town of Wappinger, the Town of Poughkeepsie and the Village of Wappingers Falls wish to enter into an Inter-Municipal Cooperation Agreement for a Wappinger Creek Recreation Committee; and WHEREAS, the Town of Wappinger, the Town of Poughkeepsie and the Village of Wappingers Falls share the Lower Wappinger Creek and it is recreationally utilized; and WHEREAS, through a CDBG grant, a Hudson River Improvement Fund grant, and a Department of Environmental Conservation Hudson River Estuary Access grant, which were obtained by the VILLAGE, the creation of a Lower Wappinger Creek Community Boathouse and Park will commence in the near future; and WHEREAS, the VILLAGE relies solely on volunteers for its recreational programming; and WHEREAS, the Town of Wappinger and the Town of Poughkeepsie have paid Recreation Departments with higher programming capabilities; and WHEREAS, the location of the proposed boathouse and parkland are located within the Village of Wappingers Falls; and WHEREAS, the three partnered municipalities desire to establish an agreement for managing these shared resources; and WHEREAS, the Town of Wappinger, Town of Poughkeepsie and the Village of Wappingers Falls hereby agree to the terms and conditions as contained in the Inter-Municipal Cooperation Agreement for a Wappinger Creek Recreation Committee; and WHEREAS, the Town Board hereby authorizes the Town Supervisor to execute the Inter-Municipal Cooperation Agreement for a Wappinger Creek Recreation Committee. 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 Members individually confirm that they have each read the Inter-Municipal Cooperation Agreement attached hereto, and understand the terms, conditions and obligations therein. 3. The Town Board hereby authorizes Supervisor Lori A. Jiava to execute the Inter- Municipal Cooperation Agreement by and on behalf of the Town of Wappinger, evidencing the Town's agreement to the terms, conditions and obligations contained therein, copy of which is attached hereto. 4. The Town Board further authorizes the Supervisor and the Attorney to the Town to negotiate and modify the wording of any of the terms, conditions or obligations contained in the Town of Wappinger Page 5 Printed 411812016 Regular Meeting Minutes April 11, 2016 Inter-Municipal Cooperation Agreement provided that such modifications are substantially consistent with the terms and conditions as stated therein. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-124 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava....................... ...Voter... Q........,........❑.......,........❑........,.......❑..... ❑ Defeated Williamh'Beale........................Voter... .......Q...................❑...... ......❑......... ........❑....... Q Tabled ............... ...... ... .... .............. ... .... ............ ...... William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton..........................Voter..... .......Q..................❑..... ......0................... ❑........ Next:4/25/16 7:30 PM . Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 11, 2016 The Resolution is hereby duly declared Tabled. RESOLUTION: 2016-132 Resolution Confirming Organizational Structure And Authority Of Recreation Committee And Appointing Members WHEREAS, the Town Board originally created the Town of Wappinger Recreation Committee on May 1, 1960; and WHEREAS, the Recreation Committee has provided invaluable service and input to the Town Board in its guidance of recreational activities in the Town of Wappinger; and WHEREAS, since the Town Board originally formed the Recreation Committee by motion on May 1, 1960, many changes have occurred to the Town's recreational programs, the increase in number of recreational programs provided by the Town and the Town Board's creation of the positions of Recreation Director and paid Chairman to the Recreation Committee; and WHEREAS, the last time any formal appointments were made to the Recreation Committee was by Resolution adopted by the Town Board on January 10, 2011, pursuant to which two members were appointed to the Recreation Committee, Robert Buyakowski and Peter Antonelli with no designated term for their appointment; and WHEREAS, the Town Board wishes to formalize the organizational structure, duties, and authority of the Recreation Committee and to confirm and establish a two year term of appointment of all Recreation Committee Members, all of whom shall serve at the pleasure of the Town Board; and WHEREAS, all terms of the present Members of the Recreation Committee have expired. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby confirms and re-establishes the duties and authority of the Town of Wappinger Recreation Committee as hereinafter set forth. 3. The Recreation Committee shall consist of eight(8) Members who shall be appointed for a period of two years at the Town Board Reorganization Meeting following the bi- annual election of Town Board Members. Town of Wappinger Page 6 Printed 411812016 Regular Meeting Minutes April 11, 2016 4. The Recreation Committee Members shall serve at the pleasure of the Town Board and may be removed by the Town Board at any time, with or without cause. 5. The Town Board hereby acknowledges and confirms that the existing Recreation Committee Members are as follows: Chairman - Ralph J. Holt Member - Robert Buyakowski Member - Louis DiCocco Member - Bruce Lustig Member - Marjorie Schifini Member - Annelise Spinelli 6. The Town Board hereby appoints two new Members, Beatrice Ogunti and Joey Cavaccini. 7. Because this is an interim term appointment, the term of all the Members above- recited shall expire on December 31, 2017. 8. The Recreation Committee shall report all of its advice and recommendations to the Town Board through the Chairman of the Recreation Committee. All Recreation Committee recommendations and reports shall be made by written Resolution and all such written Resolutions shall be reported to the Chairman of the Recreation Committee with a copy given to the Director of Recreation and the Town Board. 9. The Recreation Committee shall be charged with the general oversight and recommendations for all recreational activities within the Town. Such oversight and recommendations shall include the use and assignment of Town of Wappinger Recreation Fields, the coordination thereof with Town of Wappinger sanctioned recreation programs, including, but not limited to, youth baseball programs, youth football programs, youth soccer programs, tennis programs (both youth and adult) and such other recreational programs and activities as shall be undertaken by the Town. The Recreation Committee shall also provide and arrange volunteer support for all of such programs as needed by the Town and as recommended by the Director of Recreation. The Recreation Committee shall also make recommendations to the Town Board of both existing and proposed recreational activities, including the nature, types and frequency of such activities, make recommendations on the appointment of instructors for the various recreation programs and to provide guidance for future recreation programs and activities. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-132 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale ............... ...Voter.. Q........,...... ❑ ... ❑ ......,..... ❑ ... ❑ Tabled William Ciccarelli.....................Mover ... .......Q........,...... ❑ ❑........,.......❑ ... ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ ... ......., Michael Kuzmicz Seconder Q 0 0 ❑ Dated: Wappingers Falls, New York April 11, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-133 Town of Wappinger Page 7 Printed 411812016 Regular Meeting Minutes April 11, 2016 Accepting Undertaking Secured By Cash Deposit For Restoration With Dunkin Donuts - Rte 9D Project WHEREAS, Chen Realty-Route 9D, LLC, a domestic New York State limited liability company, having an address of 19 Hillcrest Court, Wappingers Falls , New York 12590, hereinafter referred to as the"Owner", has made application for site plan approval to the Town of Wappinger Planning Board for the construction of a commercial structure on certain lands located at 2026 Route 9D that are designated as Tax Parcel 6056-02-746856 on the tax map of the Town of Wappinger(the "Property"); and WHEREAS, on March 21, 2016, the Planning Board of the Town of Wappinger adopted a Resolution which determined that no significant adverse environmental impact would be caused by the project and authorized the issuance of a Negative Determination of Significance pursuant to SEQRA.; and WHEREAS, during the SEQRA review process, the Owner provided evidence that there was no habitat on the site for rare, threatened or endangered species; and WHEREAS,the Owner of the Property made a request to allow the cutting of trees on the Property,prior to the issuance of a Resolution of Site Plan Approval since the US Army Corps of Engineers and the NYS DEC regulations require that the cutting of trees may only take place between October 1 and March 31 to minimize the possibility of disturbing the migration of Indiana Bats; and WHEREAS,the Planning Board adopted a Resolution on March 21, 2016 granting the Owner's request to cut the trees in the area of site plan disturbance on the express condition that the Owner agreed to re-plant trees in the event the Site Plan Approval was not granted and said agreement was to be secured by a Bond, Letter of Credit or Cash Deposit in an amount to be fixed by the Engineer to the Town, specifically in the sum of$17,500.00; and WHEREAS,the Owner has delivered to the Town an Undertaking secured by a Cash Deposit in the form of an Official Check issued by Rhinebeck Bank, bearing No. 6195019 in the amount of$17,500.00 paid to the order of the Town of Wappinger, as security for the faithful performance of the obligations set forth in the Undertaking; and WHEREAS,the terms of the Undertaking authorized the Town of Wappinger to draw against the aforementioned cash security posted in the event the Owner does not restore the project site in accordance with the terms and conditions set forth in the Planning Board Resolution of March 21, 2016. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that the Undertaking executed by Chen Realty-Route 9D, LLC and secured by a Cash Deposit in the sum of$17,500.00, is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Owner does not fulfill the obligations to re-plant trees in the event Site Development Plan Approval is not granted all as set forth in the Planning Board Resolution of March 21, 2016. 3. The Town Board hereby accepts the Undertaking dated March 25, 2016, executed by Chen Realty-Route 9D, LLC, a New York State limited liability corporation, having an address of 19 Hillcrest Court, Wappingers Falls, New York 12590, secured by a Cash Deposit in the form of an Official Check issued by Rhinebeck Bank, bearing No. 6195019 in the amount of $17,500.00 paid to the order of the Town of Wappinger, as security for the faithful performance for the completion of the obligations set forth in the Undertaking and in accordance with the Planning Board Resolution of March 21, 2016. Town of Wappinger Page 8 Printed 411812016 Regular Meeting Minutes April 11, 2016 The Town Supervisor is directed to deposit the aforementioned Cash Deposit in a bank account maintained by the Town, to be held in escrow,pending compliance with the terms of the Undertaking. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-133 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava VoterQ ❑ ❑ ❑ ....... ........ . ❑ Defeated William H.Beale Voter ...... Q ❑ ❑ ... ❑ ❑ Tabled William .... ....... ...... ... .... .. ..... . .. ...... .. Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ ., Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 11, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-134 Resolution Accepting Performance Agreement Secured By Cash Deposit In Connection With Osborne Square (Bank Plaza) WHEREAS, 1145 Route 9 Corp. is the owner of lands commonly known as 1145 Route 9, Town of Wappinger, County of Dutchess, State of New York, which parcel is also designated as Tax Parcel 6157-04-649068; and WHEREAS,the owner has made an application to the Town of Wappinger Planning Board for final approval of a site plan entitled"Osborne Square"; and WHEREAS, as part of the final site plan approval, the Town is requiring 1145 Route 9 Corp. to construct the approved dumpster enclosures in accordance with the approved site plan; and WHEREAS, to secure the obligation to guarantee the construction of the approved dumpster enclosures, Kevin B. Lund, as President of 1145 Route 9 Corp., has executed a Performance Agreement dated April 5, 2016, secured by a Cash Deposit in the form of an Official Check issued by Citizens Bank,bearing No. 513546125-8 in the amount of$2,000.00 paid to the order of the Town of Wappinger, securing the obligations set forth in the Performance Agreement; and WHEREAS,the owner covenants and warrants to the Town of Wappinger that in the event it fails to fully perform and complete all the requirements as set forth in the Performance Agreement, then, upon the demand of the Town of Wappinger, the Town of Wappinger shall have the right to draw upon the aforementioned security deposit in an amount equal to the cost necessary to complete the required improvements; and WHEREAS,the Performance Agreement executed by Kevin B. Lund, as President of 1145 Route 9 Corp., further binds their heirs, executors, administrators, successors or assigns for the faithful performance of its obligations hereunder. 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. Town of Wappinger Page 9 Printed 411812016 Regular Meeting Minutes April 11, 2016 2. The Town Board hereby accepts the Performance Agreement dated April 5, 2016, executed by Kevin B. Lund, as President of 1145 Route 9 Corp., secured by Cash Deposit in the form of an Official Check issued by Citizens Bank, bearing No. 513546125-8 in the amount of $2,000.00 paid to the order of the Town of Wappinger, as security to guarantee the completion of the construction of approved dumpster enclosures in accordance with the approved site plan. The Town Supervisor is directed to deposit the aforementioned Official Check in a bank account maintained by the Town, to be held in escrow,pending compliance with the terms of the Performance Agreement. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-134 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ...... ........ . ❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑ ❑ Tabled William ................ ....... ...... ... .... .. ..... . .. ...... .. Ceccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ MichaeKuzmicz Mover.......... Q ❑..................❑ ............. ❑ ........ Dated: Wappingers Falls, New York April 11, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-135 Resolution Authorizing Attorney To The Town To Negotiate Ambulance Service Agreement With Emstar WHEREAS, the Town Board of the Town of Wappinger acting on behalf of the Wappinger Ambulance District, previously entered into an Ambulance Service Agreement with TC Hudson Valley, Inc. d/b/a Transcare ("TCHVI")to provide general ambulance services for the purpose of transporting all sick or injured persons found within the boundaries of the Wappinger Ambulance District (the"District"); and WHEREAS, TCHVI ceased providing ambulance services to the Town of Wappinger (the "Town") on/or about February 26, 2016; and WHEREAS, on March 14, 2016 the Town Board issued a Request for Proposals to Provide Emergency Ambulance Services to the Town of Wappinger Ambulance District to Mobile Life Support Services, Inc. and to EMStar Ambulance (hereinafter the "RFP"); and WHEREAS, the RFP required all proposals to be submitted by 12:00 noon on March 28, 2016, to Joseph P. Paoloni, Town Clerk, Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls,New York 12590; and WHEREAS,Mobile Life Support Services, Inc. ("Mobile Life") and EMStar Ambulance ("EMStar") timely submitted proposals to supply emergency services to the District; and WHEREAS,the proposals submitted contained alternate proposals for emergency services which were not part of the Town's RFP; and WHEREAS, on April 4, 2016 the Town Board held a special meeting at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 to interview both Mobile life and EMStar with regard to the alternate proposals submitted; and Town of Wappinger Page 10 Printed 411812016 Regular Meeting Minutes April 11, 2016 WHEREAS,the Town Board determines that a contract for ambulance services is a professional contract and is otherwise exempt from competitive bidding and the Town's Procurement Policy; and WHEREAS, after reviewing the proposals submitted, including the alternate proposals, interviewing the contractors, and after due deliberation by the Members of the Town Board, the Town Board acting on behalf of the Ambulance District seeks to proceed and enter into contract negotiations with EMStar on its alternate proposal "B" submitted. 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 after reviewing the responses to the RFP, including the alternate proposals submitted by Mobile Life and EMStar, has determined that the alternate proposal provided by EMStar is the most suitable and beneficial to the residents of the District and meets the standards deemed most appropriate for the residents of the Town of Wappinger. 3. The Town Board, acting on behalf of the Wappinger Ambulance District, hereby authorizes the Attorney to the Town to commence contract negotiations with EMStar and prepare a draft of a formal contract in accordance with EMStar's Proposal "B" submitted in response to the Town's RFP. Any draft contact negotiated and prepared by the Attorney to the Town in accordance with this Resolution shall be submitted to the Town Board for further approval authorized by a Resolution of the Town Board. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-135 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ...... ........ . ❑ Defeated William H.Beale Mover Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Seconder Q 0" 0 ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ . Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 11, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-136 AMEND Resolution Authorizing Refund Of Unused Escrow For La Fonda Del Sol Amended Site Plan (Account 05-3116) WHEREAS, on or about December 12, 2005, Jean Rodriguez (hereinafter the "Applicant") filed an application for Amended Site Plan Approval under Application Number 05-3116; and WHEREAS, total escrow deposits in the amount of Fifty Five Thousand One Hundred Fifty-Five 75/100 Dollars ($55,155.75) were received from the Applicant for payment of the fees of the Town's professionals to review the application; and WHEREAS, the Applicant has made a request to have the application withdrawn and the unused escrow balance be refunded to her; and Town of Wappinger Page 11 Printed 411812016 Regular Meeting Minutes April 11, 2016 WHEREAS, all professional fees incurred during the review of the application have been paid and there remains a balance of Nine Thousand One Hundred Twenty-Three 00/100 Dollars ($9,123.00) in escrow account number 05-3116 and Applicant has requested a refund and the Town Accountant has audited the escrow account and reviewed the amount due. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to Jean Rodriguez, in the amount of Nine Thousand One Hundred Twenty-Three 00/100 Dollars ($9,123.00) from escrow account number 05-3116,representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-136 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as AmendedLori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated ..WilliamH.Beale ....................Seconder....... Q 0..... ❑........,... ..❑......., ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ . Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 11, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-137 Resolution to Execute Contracts for the Town Recreation Department Summer Concert Series WHEREAS,the Town of Wappinger Recreation Department has submitted six contracts for consideration by the Town Board relative to the 2016 Summer Concert Series, copies of which are affixed hereto; and WHEREAS, the contracts are as follows: Date Performer Cost 7/7/2016 In the Pocket $650 7/14/2016 Hurley Mountain Highway $500 7/28/2016 Southern Dutchess Concert Band $500 8/04/2016 Tracie DeLucia $550 08/11/2016 Matt Jordan Jazz Band $525 08/18/2016 Bill's Toupee $750 NOW, THEREFORE, BE IT RESOLVED, that Supervisor Lori A. Jiava is hereby authorized and directed to sign on behalf of the Town the above referenced contracts on behalf of Town of Wappinger Page 12 Printed 411812016 Regular Meeting Minutes April 11, 2016 the Town of Wappinger, copies of which have been provided to the Town Board in support of this resolution. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-137 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as AmendedLori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated am H.Beale Voter Q,,,,,,,,,,,,,, ❑ ❑ ❑ Willi ................... ....... ......... ....... .. .. ....... ....... ....... ..... ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 11, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-138 Resolution Authorizing The Execution Of The Agreement For Operation Of Carnival, Rides, Concessions And Amusements For Town Of Wappinger Community Day WHEREAS, the Town of Wappinger Recreation Department sponsors the Town of Wappinger Community Day; and WHEREAS, the Town Board previously authorized the use of Schlathaus Park for the 41st Annual Town of Wappinger Community Day which is to be held on September 10, 2016; and WHEREAS, the Town of Wappinger Community Day consists of a carnival which includes rides, games and concessions; and WHEREAS, the Town of Wappinger Recreation Department requested proposals for the operation of carnival rides, games and concessions through a "Request for Proposals for the Operation of Carnival Rides, Concessions and Amusements for Town of Wappinger Community Day 2016" (RFP) dated February 10, 2016; and WHEREAS, proposals were received and reviewed by the Town of Wappinger Recreation Department and it was determined that C & N Amusements, Inc. was the most qualified will the necessary skills and experiences to perform quality work as required by the Town; and WHEREAS, the Town Board, in consultation with the Director of Recreation, finds that it is in the best interests of the Town to enter into an Agreement with C &N Amusements, Inc. to provide for the operation of carnival rides, games and concessions as more fully described in the above-mentioned RFP; and WHEREAS, the Attorney to the Town, in consultation with the Director of Recreation, has negotiated the terms of a proposed Agreement, a copy of which is attached hereto. 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 Members acknowledge they have reviewed the terms and conditions of the proposed Agreement and find the terms contained therein reasonable and consistent with RFP. Town of Wappinger Page 13 Printed 411812016 Regular Meeting Minutes April 11, 2016 3. The Town Board hereby authorizes the Town Supervisor to execute said Agreement with C &N Amusements, Inc. in accordance with the terms and conditions contained therein, which Agreement, among other provisions, authorizes the Town to pay the sum of Six Thousand Dollars ($8,700.00) to C & N Amusements, Inc. to provide carnival rides, games and concessions in accordance with the Agreement. 4. Supervisor Lori A. Jiava is hereby authorized and directed to execute the Agreement between the Town of Wappinger and C &N Amusements, Inc. in substantially the same form as attached hereto. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-138 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava......................... .Voter....,.........Q........,........❑.......,........❑...... ❑.... ❑ Defeated William Fl.Beale.................. ...Mover............Q................❑................❑................❑........ Q Tabled William Ciccarelli....................Voter................Q...... .....❑...................❑...... .....❑.... ❑ Withdrawn John J.Fenton....................... .Voter..............Q...... ❑........,........❑...... ❑.... Next:4/25/16 7:30 PM .. ... ...... .................... ....... .. Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 11, 2016 The Resolution is hereby duly declared Tabled. IX. Items for Special Consideration/New Business 1. Motion To: Restore Heating Service at The Emergency Service Building under the Scope of Emergency Repairs at the received bid of approximately $7,600 Steve Frazier spoke of a heating failure at the Emergency Service Building. He received one estimate and could not get a second estimate. He said, "I believe that it is $7,600. I don't have that number in front of me." No estimate was filed with the town clerk. Al Roberts said that this would qualify as an emergency repair and thus would bypass the procurement policy. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Authorize the Engineer to work with Buildings and Grounds to Look at and Report on the Emergency Service Building Roof ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 14 Printed 411812016 Regular Meeting Minutes April 11, 2016 3. Councilman Fenton and Earth Day Clean Up of Some Roads Councilman Fenton said that he was trying to meet at town hall at 10 AM on Saturday April 16, He is also waiting for the county to see what they recommend. 4. Fleetwood Hydrant Flush/Pavillion Rental/Boat Launch Supervisor Jiava, Councilman Ciccarelli, and Co-Historian Cavacini delivered 140 notices to flush hydrants at the Fleetwood Water District. Councilman Ciccarelli asked about renting the new pavilion at Martz field and to revise fees. He asked about the boat launch and needed repairs at the Chelsea boat launch. Supervisor Jiava said she would follow up with Chelsea Yacht club for repair of the retaining wall to be able to attach the second pad for the boat launch. Councilman Beale addressed the 2 new vehicles that have arrived and said that the new vehicle policy was intended to address the new vehicles and not to slight anyone. Supervisor Jiava explained that there has been one letter received, 2 have been invited to send a letter of interest. X. Executive Session 1. Motion To: Enter Executive Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Return from Executive Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 3. Motion To: Have Supervisor Contact Dutchess County Human Resources to Add Deputy Highway Superintendent and Mechanic ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 15 Printed 411812016 Regular Meeting Minutes April 11, 2016 4. Motion To: Amend the Town Vehicle Policy's Section 4 and Section 18 Amend the Town Vehicle Policy under Section 4 adding the position of Deputy Highway Superintendent being an Authorized Person Assigned a Vehicle; and to amend section 18 to include any thoroughfare necessary to reach remote areas in the Town of Wappinger accessible through other towns only. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 5. Supervisor's Statement Supervisor Jiava said she would like to make a statement. She said, "The town board has commenced the steps to have a third-party firm hired to investigate the complaint filed on record April 7th, 2016. We will be giving further details once this has commenced." XI. Adjournment Motion To: Wappinger Adjournment& Signature The meeting adjourned at 10:45 PM. Joseph P. Paoloni Town Clerk ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 16 Printed 411812016 y co (D m co m Co Co co Y r T T T T r T r caoo000000 5.1.a O N N N N N N N N In r r r T r r T T T T T r r r T r LL E Q Q a) C/) C L .E0 L a) Co 0 Q Y E O V\J (!) O 07 0 : \ OO C > Q ° UO 'c—� a N Q U > 0 LL d p (U E -,z a) a) O C O 'c C O 0' C: m Q 0 o c o 0 En Tom : a, w > N 1 m Qc � O- a) o D O L L (n a) Z Q+' U O O Q ® Q UO 0 0 N 1 ,., c a) a) a) Z J o p� E Lucu LJ- a N N 0 0 V T r T r r r T r O 0 0 0 0 0 0 0 0 0 CL N N N N N N N N Co O O O ` OCe) � 1 Q Co Co Co lM m O ® Lr) OTCfl (oC CD CC) r 1 O r O O O O O O r O 00 Lo m ` L) N Co I M Co 4 M d CM r r Cr)V� e O LLJ W xEn r r O e a) (1) m e ® E C r W E E 0 CM E O O �� U � a E < - L_ L \l � � RS � U L •` L.L a) o a) O J O N \ O O J - tea) Er) V aW L O a) N L d E (a L C m L U c a) ca o 0 � > o o - a - a ` - o M M M m o M 0 0 0 0 cn 0 a � mmmm '� mCL� N ii 3i 3: 3: Q 3 � a) T N Co V' Lo CO Co O O O O O O O O E 0 0 0 0 0 0 0 0 S T T r T T T T r Z r r T r r T T r 00000000 Packet Pg. 17 001 DEPARTMENT OF THE ARMY / NEW YORK DISTRICT,CORPS OF ENGINEERS JACOB K.JAVITS FEDERAL BUILDING 26 FEDERAL PLAZA NEW YORK,NEW YORK 10278-0090 MAR 2 1 2016 Regulatory Branch SUBJECT: Permit Application Number NAN-2016-00061-WOM (�(� by Lazen Group Lazen Group MAR 2 8 2016 C/o Yuwen Chen 19 Hillcrest Court TOWN OF Wappingers Falls, New.York 12590WAPPTNGER ; TOWN CLERK O Dear Mr. Chen: On December 29, 2015, the New York District of the U.S. Army Corps of Engineers received a request for Department of the Army authorization for the discharge of fill material into waters of the United States to relocate a portion of an on-site stream, facilitating the development of a Dunkin Donuts and attendant features. The site is located in the Hudson River watershed, in the Village of Wappingers Falls, Dutchess County, New York. The submitted drawings, entitled "Existing Conditions" (C-1), "Proposed Grading and Drainage Plan" (C-2), "Site Plan Details" (C-3), and "NYSDEC &ACOE Wetland Disturbance" (C-10), prepared by KC Engineering and Land Surveying, PC, dated February co 10, 2015 and last revised January 29, 2016, indicate that the total impacts to waters of the UJ United States would involve the discharge of fill material into a maximum of approximately 8,610 square feet (0.2 acres) of stream; and approximately 490 square feet (0.01 acres) of wetlands. An approximately 290 linear foot section of the stream would be relocated to the east of its current location. In addition, approximately one (1) cubic yard of rip-rap would be ° placed in approximately 20 square feet of the stream bed, north of the relocation area, at the outlet of a stormwater retention area. Finally, the wetland fill would consist of approximately five (5) cubic yards of rip-rap placed at the outlet of a relocated stormwater drainage pipe. Based on the information submitted to this office, and accomplishment of notification in accordance.with the applicable federal requirements, our review of the project indicates that an individual permit is not required. It appears that the activities within the jurisdiction of this office could be accomplished under Department of the Army Nationwide General Permit Number 39. The nationwide permits are prescribed as a Reissuance of Nationwide Permits in the Federal Register dated February 21, 2012 (77 FR 10184). The work may be performed without further authorization from this office provided the activity complies with the permit conditions listed in Section B, No. 39, Section C, any applicable New York District regional conditions, the following special conditions, and any applicable regional conditions added by the State of New York, copies enclosed. Packet Pg. 18 5.1.a - 2 - Special Conditions (A) In order to protect the Federally listed endangered Indiana bat (Myotis sodahs) and the Federally listed threatened northern long-eared bat (Myotis septentrionalis), the clearing of trees shall occur only between November 1St and March 31St. Orange construction fencing or flagging shall be used to separate areas to be cleared from areas to be left undisturbed. Artificial dyes, coloring, insecticide, or algaecide shall not be used on the ground for long-term maintenance of the site. (B) The permittee shall undertake the authorized filling activities in a manner aimed at reducing impacts upon the general environment. In addition, the permittee shall not stockpile fill or other materials in a manner conducive to erosion, or in areas likely to cause high turbidity runoff during storm events. All exposed soils shall be re-vegetated in a timely manner to further reduce potential effects. The permittee shall also fence off all wetlands and other sensitive ecological areas during construction periods to prevent equipment and personnel from entering those areas. (C). At the completion of the work, the permittee shall remove all temporary construction barriers, including but not limited to any silt fences, associated with the work. e This determination covers only the work described in the submitted material. Any major changes in the project may require additional authorizations from the New York co District. Care should be taken so that construction materials, including debris, do not enter e any waterway to become drift or pollution hazards. You are to contact the appropriate state and local government officials to ensure that the subject work is performed in compliance with their requirements. Please note that this nationwide permit (NWP) verification is based on a preliminary jurisdictional determination (JD). A preliminary JD is not appealable. if you wish, prior to commencement of the authorized work.you may,request an approved JD, which may be appealed, by contacting.the New York District, U.S. Army Corps of Engineers for further instruction. To assist you in this decision and address any questions you may have on the differences between preliminary and approved jurisdictional determinations, please,review U.S. Army Corps of Engineers Regulatory Guidance Letter No. 08-02, which can be found at: http://www.usace.army.mil/Portals/2/docs/`civilworks/RGLS/r.q108-02.pdf This verification is valid until March 18, 2017, unless the nationwide permit is modified, reissued, or revoked. This verification will remain valid until March 18, 2017, if the activity complies with the terms of any subsequent modifications of the nationwide permit authorization. If the nationwide permits are suspended, revoked, or modified in such a way that the activity would no longer comply with the terms and conditions of.a Packet Pg. 19 5.1.a nationwide permit, and the proposed activity has commenced, or is under contract to commence, the permittee shall have 12 months from the date of such action to complete the activity. Within 30 days of the completion of the activity authorized by this permit and any mitigation required by this permit, you are to sign and submit the attached compliance certification form to this office. In order for us to better serve you, please complete our Customer Service Survey located at http://Www.nan.usace.army.mil/Missions/Regulatory/CustomerSurvey.aspx. If any questions should arise concerning this matter, please contact Melanie O'Meara, of my staff, at (917) 790-8417. Sincerely, Rosita Miranda Chief, Western Section Enclosures e cc: co NYSDEC - Region 3 Ui Village of Wappingers Falls Michael Nowicki — Ecological Solutions, LLC e e Packet Pg. 20 C DOl blo4/il J 5.1.a Limnology Information and Freshwater Ecology Inc 19 Sandy lines Blvd NopeweiDunction, New Tork12533ll�t1E ��WE#D 845-227-8805 office www.Cfeincponds.com MAR 3 0 2016 lifeinc@optonline.net TOWN OF WAPPINGER Dear Property Owner; TOWN CLERK I represent Lake Oniad Lot Owners Associaiton with address 40 Kent Drive, Wappingers Falls, NY 12524. This letter is to inform you that Lake Oniad Lot Owners Association has hired LIFE Inc to perform aquatic-control treatments for the control of invasive Curly Leaf Pond weed in their 15 acre pond located within their community. This treatment is performed in late May or June, 2016. The water that leaves the pond flows into a stream that eventually flows into Green Pond. NYSDEC regulations state that if the owners cannot hold the water for the regulated time period then all property owners downstream from the water bodies outflow for a specific distance,must be informed of the.treatments. a Your property has been identified via the Dutchess County GIS Website as a downstream owner, which means that either the stream from the outflow flows along your property line or you are an owner of Green Pond. Boards will be placed in the dam area to stop the flow of water, but inevitably, some water may leave the water body even with this precaution. NYSDEC regulations and the chemical label state that any water treated with Aquathol K must not be utilized for specific uses and for specific time periods which are noted below. co UJ Restricted Usage(s) Restriction after an Avast Treatment are as follows: Swimming: 24 Hours: 1 Day Livestock Watering 14 Days Fishing: 24 Hours: 1 Day Irrigation: 7 Days Potable Water Use 14 Days You as a downstream owner have the right to object to this application of chemicals, You have 21 days from the date of this letter (3128116)to state your objection. If you wish to object to this treatment,NYSDEC Region 3 requests that all correspondence must be in writing and addressed to the contact information below. Department of Environmental Conservation Bureau of Pesticides 21 South Putt Corners Road New Paltz, New York 12561 The lack of response will be considered consent for the proposed application and the resultant water use restrictions specified in this document. Packet Pg. 21 Oho (0 0 I [SPI United Phosphorus, Inc. Rebecca A:Cl`emmer 630 Freedom Busln'ess-Ceuter,.;Suit'e 402 Icing of Prussia,PA 194:06 (610,)49.1-282.8 Reliecca.Clem ne>>@uhip ios;eom July 2:8,20:15 To.Whom It May Concern There have been a number of inquiries concerning-the animal consumption restriction on UPI's AquaStrilce, Aquathol K, and Hyd othol labels. The.marictioon is under the Directions.for Use section and states that for quiescent.or:slow moving water treatments,treated water.should riot be used.for aiiimal consumption w.lthin specified trine periods.after.application(depending on the application rate), Tim question.posed is how,doesAl e restriction applyto incidental exposure ? We.have discussed this issue With the U.S. Environmental:Protection.Agency and confitmed that the label restriction refers only to the intentional rise of water fioin.a treated body of water;for Cm example,the use of treated water for livestock watering. The animal consumption restriction Co does not apply to the incidental exposure to animals from treated water, for example, a pet drinking from a treated.water body. e Please do not hesitate to contact UPI if you.have zany further quesfions or c:oncezils, Cm Sincerely, Izi 0 Rebecca A..Clenuner Regulatory Manager. [ C� �MCD MAR 3 0 2016 TOWN OF W PPI GER TOWN C Packet Pg. 22 0/v laq /��r 00L� ALFRED A.CAPPELLI,JR. MAR 3 0 26!S ARCHITECT 1136 ROUTE 9 TOWN OF WAPp1, WAPPINGERS FALLS,NY 12590 TOWN CLERK Telephone: 845-632-6500 Fax: 845-632-6499 Email: acappe2102@aol.com March 15, 2016 Town of Wappinger Town Board o 20 Middlebush Rd. Wappingers Falls, NY 12590 0 Re: Request for Consideration of Water for Sprinkler Only, Proposed Sikh Temple Corner of All Angels Hill Rd&Old Hopewell Rd., TM#6257-04-919433 Dear Supervisor Jiava &Town Board, coe As a follow-up to my Feb.4, 2016 memo and as you may be aware,we are proposing to construct a new Sikh Temple at the above referenced location and currently before the Town Planning Board. e NYS Bldg. Code suggests that we are required to install a sprinkler system. Inasmuch as central water is not immediately available to us as we are not in the water district adjacent to us,we would like to request the possibility of tying into the adjacent water district for fire protection services only in order to accommodate the needs of our sprinkler system. The usage would be a one time usage to charge the system in the event of fire. The quantity of water is not determinable at this time. Any costs to connect to the existing main and other costs required by the Town would,of course, be borne by the Sikh Temple Association. Packet Pg. 23 5.1.a -2- We would greatly appreciate your consideration. If you have any questions, please do not hesitate to contact me. Very truly yours, AlfreA. appelli,Jr. Architect AAC/dc cc: Mr. R.Gray,Town Engineer, / 0 Mr.J. Paoloni,Town Clerk V Ms. B. Roberti,Zoning Administrator Mr.A. Roberts,Town Attorney 0 CL Mr. K.Virk,Sikh Temple Assoc. 0 e LU CD CDe e e U Packet Pg. 24 5.1.a i I s i _ ^=1--- �I I e - '- r --�� CL CL _4 54—�,e— CD Cm ui Cm APR2016 �. 10 Packet Pg. 25 5.1.a t `s' co cam± L — aa- 44 12 CL �lt ° z ° ui I ° I e j I 0 rn cv V d � R1 Q � m� •F jq U Cl. t cdI .1 Packet Pg. 26 l o _ Cl) O M r- M M O M lzv N dv Nr CO -to O O rI OD O W O .i N Ca knk C5 00 rl L c N � .l O C v ^} � UA LO b Ln CL oZ 3ta19 -- w 00 as C, 0 a ww � CM ;Q a�"I "noooLLJ WF O p to �1 a0 b CN Oo NCD ZCM� d o� a Ln h w E- 14 Q M rl O O r. '- o a et ( W M ClN U , 1 1.4NOkn y to v1 O O O s.. rI ., F F F o n,.� AAa � ❑ � NNLV F A o Packet Pg. 27 Lori Jiava Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, Ny 12590 Bruce Flower 2 Stenger Court Wappingers Falls, NY 12590 0 Re: Board of Assessment Review Appointment Dear Supervisor Jiava, I have had the pleasure of serving on The Board of Assessment Review for the past several years. My appointment to the board expired on September 30th, 2015. I am interested in continuing to serve on The Board of Assessment Review and would like to be re-appointed to the board. cmM co Thank you for yo r consideration. Ui e e Bruce Flower/ APR 01.1 2016 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 28 �.olb /off lel �-. n FT-, MAR 3 0 2" 3 LEGAL NOTICE i,OWN .OF Wk.' Please take notice that.the Village of Wappingers Falls.Planning Board.will holdTaqW I arcing on the request of 6-20 Marshall Road,LLC, 167 Myers Comers Road, Suite 102,W.4pglng-ets Falls,-NY on a proposed site plan consisting of the construction of a three.std 31812..sq, R. ory,. _,. - apartment building(10,604 sq. ft.footprint)with 24 two bedroom units and 48 associated parking spaces at 6-20 Marshall Road. Property is located in a CMU zone and is identified on the Tax Map as: 6157-07-735965: Said hearing will be held on Thursday,April 14,2016, 7:00 p.m.,American Legion Hall, 7 0 Spring Street at which time all interested.persons will be given the opportunity to*be heard. 0 CL BY: THOMAS MORRIS,Chairman 0 Planning Board DATED: March 8,2016 Village of Wappingers Falls cm M co Ui cm E Packet Pg. 29 5.1.a PROPERTY OWNERS WITHIN 200 FT. OF.6-20 MARSIALL,ROAD. Hudson Valley Federal Credit Union. 159 Barnegat Road Poughkeepsie,NY 12601 DBVan Properties,LLC 4 Marshall Road Wappingers Falls,NY 12590 Marshall 31 LLC One Summit Court Fishkill,NY 12524 Riverbend at Wappingers Fails, LLC 600 Livingston Avenue S_S:te 1.02 , Livingston,NJ 07039 Lee J.Niznik 5 Marshall Road Wappingers Falls,NY 12590 Town Clerk-Town of Wap ppinger 20 Middlebush Road Wappingers Falls,NY 12590 04M CO e CD CD 04 e Packet Pg. 30 r� The Dax Law Firm, P.C. 54 State Street,Suite 805 Albany,New York 12207 www.daxlawfirm.com Telephone: (518)432-1002 Facsimile: (518)432-1028 John W.Dax William F.McLaughlin* 'Also Admitted in Massachusetts&District of Columbia April 5,2016 Via Electronic Mail jpaoloniatownofwappinger.us and U.S. Postal Service First Class Joseph P. Paoloni,Town Clerk MIDLS���� =:: Town of Wappinger Town Hall Location APR Q 5 2016 20 Middlebush Rd. Wappinger Falls,NY 12590 TOWN OF WAPPING: t`Yp TP,MN CLERKRe: Local Law No. 2 of the Year 2016 Adoptioning Provisions For Solar .Energy Systems for the Town of Wappinger" e Dear Mr. Paoloni: 04° We are writing on behalf of our client, J.A.I. Associates;LLC (J.A.I.),to comment on the co proposed amendments to the Town's Zoning Law presented at the Town Board's March 28, 2016 meeting. We have reviewed the draft of Local Law No. 2, "Adoption of Zoning Provisions for Solar Energy Systems for the Town of Wappinger" (hereinafter the "Solar Zoning Law"), ° and commend the Town on this comprehensive and thoughtful proposal. The Solar Zoning Law is a valuable safeguard for the Town and appears to be intended to ensure that the installation of 04 Solar Energy Systems (SES) is smartly managed, while also being encouraged as an economic engine for individual landowners and the community. We support the plan to require special use permits where Solar Farms will be a primary, rather than accessory, use on individual parcels. As discussed below we propose two minor changes and urge the Town Board to adopt the Solar Zoning Law with the changes we are proposing. J.A.I. owns five parcels totaling approximately 180 acres located in the vicinity of where the high voltage electric lines cross over State Route 356. The largest parcel is zoned R-3A and therefore would be eligible for siting a Solar Farm under the proposed Solar Zoning Law. However,this parcel does not have direct access to a public road on which a Central Hudson Gas & Electric Corp. (CHG&E) power line is located, a requirement for developing a Solar Farm. Most of the remaining property our client owns is zoned Conservation Commercial,which would not be eligible for siting a Solar Farm under the proposed law. In addition, connecting a Solar Farm located on the R-3A zoned parcel to the CHG&E system would require locating an electric line on the CC-zoned property which does not appear to be permitted under the proposed law. The minor changes we propose would alleviate these concerns. Packet Pg. 31 F-5.1.a Joseph P. Paoloni, Town Clerk Town of Wappinger April 5,2016 Page 2of3 First, the list of Non-Residential Districts in which Solar Fanns may be allowed by special use pen-nit should be expanded to include the Conservation Commercial (CC) District. Adding the CC District to the zoning districts eligible for Solar Farms will not significantly enlarge the amount of land eligible for Solar Farm development. Iii fact, our client's CC- designated property(62 of our client's approximately 180 acres), constitutes most of the property in the Town now designated as CC. As explained in the existing zoning law, the CC District was created to "permit commercial use of strategically located sites" while preserving their sensitive environmental features (Wappinger Code §240-7[B][1]). Many quasi-public and private uses already are permitted within the CC District, including government-owned structures and, subject to approval, Commercial Recreation Facilities, Entertainment, Sewage,Treatment Plants, Underground Electric Transmission and Distribution Lines, and Telecommunications Facilities. Many of those permitted uses have far greater potential for impacts than Solar Farms. We assume that the Town satisfactorily manages such potential through the special use permit process. In the same vein, in terms of their potential impacts on environmental features, uses permitted now in the R-3A, R-5A, Al and COP Districts, the districts listed as eligible for Solar Farms in the proposed amendments, are similar to if not greater than the impacts created by Solar Farms. For example, Solar Farms do not use water or sewer services and can be carefully sited. in the Site Plan Review process. Because SES technology is varied and expected to evolve in the near term, allowing SES projects in CC districts — subject to Special Use Permit and Site Plan Review — would increase the potential benefits to both the Town and its property owners without diminishing in any way co the Town's capacity to protect the environment. UJ Second, the proposed Solar Zoning Law creates an ambiguity concerning the status of electric lines used to interconnect an SES with the local electric utility system. This concern e arises from the fact that our client's R-3A property does not directly have access to a CHG&E electric line. In order to interconnect to the nearest CHG&E line, a Solar Farm located on our client's R-3A parcel would need to build an electric line across our client's CC-zoned parcel, which appears not to be allowed. Section 240-5(16) defines "Solar Energy Equipment" to include "other material, hardware or equipment necessary to the process by which [solar energy is] distributed," which we presume includes the electric line connecting an SES to the electric utility. Section 240-5(19) provides that an SES "is not a Public Utility." Although public utility uses are pennitted in every district,based on the definition of Solar Energy Equipment, an electric line connecting an SES to the local utility would not be a "Public Utility." This ambiguity in the status of the interconnection lines may unintentionally bar the development of an SES located in an eligible district where access to the existing utility distribution system could only be achieved by building a line through property in an ineligible district. For our client's particular situation, this issue evaporates if the CC District is added to the list of zoning districts in which Solar Farms may be sited. For others who might encounter the same issue, the problem could be avoided by clarifying that electric lines used to interconnect an SES to the receiving local electric utility will be treated as public utility infrastructure for zoning purposes, and therefore permitted in all districts. Packet Pg. 32 5.1.a Joseph P. Paoloni,Town Clerk Town of Wappinger April 5, 2016 Page 3 of 3 In conclusion, we reiterate our support for the proposed Solar Zoning Law and commend the Zoning Board for its efforts. As discussed above,we believe minor modifications to the draft law such that the CC District is included as eligible for Solar Farms and that SES interconnection lines be defined to be Utilities,will greatly enhance the efficiency of the new law in achieving its stated goals, while also avoiding unnecessary complications due to ambiguity and/or.unforeseen technological developments. On behalf of our client,we thank you for your consideration of our comments:-� -.very truly yours, THS ,DAbC LAW F , P.d.f ; Jo fD JWD:lnid .a e cc via email: Howard Prager,ZBA Chairman Barbara Roberti, Zoning Administrator 04 coe Uj 04 e e Packet Pg. 33 8.1.a 3/23/20164:51:17 PM DRAFT INTER-MUNICIPAL COOPERATION AGREEMENT FOR A Wappinger Creek Recreation Committee 0 U THIS AGREEMENT made this day of , 2016, by and between .EL2 TOWN OF POUGHKEEPSIE, a municipal corporation of the State of New York, having its principal offices at Town Hall, 1 Overocker Road, Poughkeepsie, New York 12603 (hereinafter the "TOP") and TOWN OF WAPPINGER, a municipal corporation of the State of New York, having its principal offices at Town Hall, 20 Middlebush Road, Wappingers Falls, NY 12590 (hereinafter the"TOW") and CMe VILLAGE OF WAPPINGERS FALLScm, a municipal corporation of the State of New York, co having its principal offices at Village Hall, Ui 2582 South Avenue, Wappingers Falls,New York 12590 (hereinafter the "VILLAGE"). E WITNESSETH: 0 WHEREAS, The TOW, TOP, and VILLAGE share the Lower Wappinger Creek; and 0 7@ WHEREAS, The Lower Wappinger Creek is recreationally underutilized; and 2 2 WHEREAS, Through a CDBG grant, a Hudson River Improvement Fund grant, and a E Department of Environmental Conservation Hudson River Estuary Access grant, which were obtained by the VILLAGE, the creation of a Lower Wappinger Creek Community Boathouse and Park will commence in the near future; and - 1 - C:AUsers\jpaoloni\AppData\Local\Microsoft\Windows\Temporary Internet File s\Content.0utlook\601PQQG5\Intermunicipal Cooperation Agreement.doc Packet Pg. 34 8.1.a 3/23/20164:51:17 PM WHEREAS,the VILLAGE relies solely on volunteers for its recreational programming; and WHEREAS, the TOW and the TOP have paid recreation departments with higher programming capabilities; and 0 0 WHEREAS, The location of the proposed boathouse and parkland are located within the VILLAGE; and WHEREAS, The three partnered municipalities desire to establish an agreement for managing these shared resources; and S NOW, THEREFORE,IN CONSIDERATION OF the mutual promises, covenants and obligations contained herein, the TOW, the TOP, and the VILLAGE hereby agree as follows: 1. Recitations Incorporated. The recitations above set forth are incorporated in this w Agreement as if fully set forth and recited herein. 2. Administration Structure of Lower Wappinger Creek Community Boathouse. L- 0 2.1. The Village of Wappingers Falls, TOW, and the TOP governing bodies shall appoint two community members each to comprise a committee in charge of administering the CM e Boathouse CM coe 2.2. Each member will be appointed annually and may be removed from this committee at anytime by their municipality's governing body: as 3. Administrative Responsibilities 3.1. This committee will be responsible for establishing rates and fees for the use of the E2 Boathouse. Additionally, they will be responsible for authoring and issuing requests for 0 U proposals to rent out portions of the facility. .2 E - 2 - C:AUsers\jpaoloni\AppData\Local\Microsoft\Windows\Temporary Internet File s\Content.0utlook\601PQQG5\Intermunicipal Cooperation Agreement.doc Packet Pg. 35 8.1.a 3/23/20164:51:17 PM 4. Maintenance E as 4.1. The Village of Wappingers Falls will be responsible for the maintenance of the as building. Maintenance costs will be included in facility fees to renters and event organizers. The TOW and the TOP will not be required to financially support the maintenance of this facility. 0 U 5. Term. .2 r- 5.1. - 5.1. The term of this Agreement shall commence on August 2015 and terminate on e December 31, 2017. This Agreement may be renewed by each municipality adopting a Resolution authorizing its renewal for a term of two (2) additional years. Notwithstanding the 0 foregoing, each municipality shall have the right, option and privilege of terminating this X Agreement. Uj as IN WITNESS WHEREOF, the parties have executed this Agreement, on the date first 0 set forth above. CM e TOWN OF WAPPINGER VILLAGE OF WAPPINGERS FALLS coe By. By. LORI JIAVA MATTHEW ALEXANDER Town Supervisor Village Mayor E TOWN OF POUGHKEEPSIE By: TODD TANCREDI 0 Town Supervisor U .EL2 E - 3 - C:AUsers\jpaoloni\AppData\Local\Microsoft\Windows\Temporary Internet File s\Content.0utlook\601PQQG5\Intermunicipal Cooperation Agreement.doc Packet Pg. 36 8.1.a 3/23/20164:51:17 PM CL0 0 CL e STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) Baa On the day of March, 2016, before me, the undersigned,personally appeared TODD TANCREDI known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that 0 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. CM e cm Notary Public co w STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) On the day of March, 2016, before me, the undersigned,personally appeared MATTHEW ALEXANDER known to me or proved to me on the basis of satisfactory evidence 0 to be the individual whose name is subscribed to the within instrument and acknowledged to me U that he executed the same in his capacity, and that by his signature on the instrument, the EL individual, or the person upon behalf of which the individual acted, executed the instrument. .2 E Notary Public as - 4 - C:AUsers\jpaoloni\AppData\Local\Microsoft\Windows\Temporary Internet File s\Content.0utlook\601PQQG5\Intermunicipal Cooperation Agreement.doc Packet Pg. 37 8.1.a 3/23/20164:51:17 PM STATE OF NEW YORK ) °' ss: COUNTY OF DUTCHESS ) as On the day of March, 2016, before me, the undersigned,personally appeared LORI JIAVA known to me or proved to me on the basis of satisfactory evidence to be the 0 individual whose name is subscribed to the within instrument and acknowledged to me that he U executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. e S Notary Public X Uj0 CM e CD cm co Uj e 0 0 .EL2 E — 5 — C:AUsers\jpaoloni\AppData\Local\Microsoft\Windows\Temporary Internet File s\Content.0utlook\601PQQG5\Intermunicipal Cooperation Agreement.doc Packet Pg. 38 UNDER FAKING SECURED BV CASH DEPOSIT FOR RESTORATION This undertaking executed this z) ,'_ day of March, 2016 by Chen Realty-Route 9D, LLC a domestic New York State limited liability company, having an address of 19 Hillcrest Court, E2 0 Wappingers Falls, New York (the "Owner"), to the TOWN OF WAPPINGER, a municipal 0 corporation with offices located at the Town of Wappinger Town Rall, 20 Middlebush Road, U_ (n 0 Wappingers Falls,New York, 12590. WHEREAS,the Owner has made application for site plan approval for the construction of a commercial structure on certain lands located at 2026 Route 9D that are designated as Tax Parcel 6056-02-746856 on the tax map of the Town of Wappinger(the "Property"); and co WHEREAS, on March 21, 2016,. the Planning Board of the Town of Wappinger (the "Planning Board")adopted a Resolution which determined that no significant adverse environmental impact would be caused by the project and authorized the issuance of a Negative Declaration; and WHEREAS,during the SEQRA review process the Owner provided evidence that there was no habitat on the site for rare, threatened or endangered species; and WHEREAS,the Owner of the property has made a request to allow the cutting of trees on C14 M co UJ the property, prior to the issuance of a resolution of site plan approval since US Army Corps of Engineers and NYS DEC regulations require that the cutting of trees may only take place between 0, October I and March 31 to minimize the possibility of disturbing the migration of Indiana Bats;and WHERE,AS, the Planning Board adopted a resolution on March 21, 2016 granting the 0 Owner's request to cut the trees in the area of site plan disturbance subject to the condition that the owner agree to replant trees in the event site plan approval was not granted and said agreement was 4) to be secured by a bond, letter of credit or a deposit of cash in an amount fixed by the Engineer to E the Town; Packet Pg. 39 NOW, THERFFORE, the Owner hereby executes and delivers this undertaking to guarantee to the Town of Wappinger that if Owner's application for site plan approval is denied or withdrawn, the Owner shall plant replacement trees on the site consisting of white pines and E2 0 deciduous trees), and restore the site grades to its undeveloped condition, as near as practicable,to the satisfaction of the Town of Wappinger, within 120 days of the receipt of demand, weather 0 U. permitting; and 0 If Owner fails to plant the replacement trees and restore the site grades by such date as set forth above, or such extended date as the Town Board may approve, then the Town of Wappinger shall have the right to draw upon the security posted to plant the replacement trees and restore the co property. The Town shall provide an accounting to the Owner for the expenditure of such sums,and, a all amounts remaining on deposit with the Town. after the work has been completed, shall be returned to the Surety or the Owner as the case may be,, :3 As security for this obligation,Owner delivers herewith to Town of Wappinger the following security for faithful. performance of t1-ds obligation: Cash in the amount of Seventeen Thousand Five Hundred and 00/100ths Dollars ($17,500.00). cm N said among being determined by the Engineer to the Town of Wappinger. co At such time that the Owner has received a resolution of site plan and has complied 0' with all of the conditions of said resolution, the security for this undertaking shall be released. fN WITNESS WHEREOF,the undersigned executed this Agreement on this 4_ day of 0 March,2016. Chen Realty-Route 9D, LLC By: E Packet Pg.40 STATE OF NEW YORK SS: COUNTY OF DUTCHESS) 0 On.the March 2016 before me personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual W whose name is subscribed to the within instrurnent and acknowledged to me that he executed the 0 U- same in his capacity, and that by his signature on the instrument,the individual, or the person upon (a behalf of which the individual acted, executed the instrument. 0 .......... Notary Public FANNY P PACHECO Naftry Public,State of New York 2 No.OIPA6335285 u CommOuissioallfined in dutch,ess Go n co Expires January 4, F:\TJSER\CIients\C\Chen\NewBuInc\Restoration Bond.3.23.16,wpd y CL 04 co Uj 0' IL 0 cc E Packet Pg-41 8.4.a PERFORMANCE AGREEMENT Performance Agreement given by 1145 Route 9 Corp,, a New York corporation(the"Obligor")with its principal place of business located at 1289 Route 9,Wappingers Falls,New York 12590("the premises"more particularly described in Exhibit A)to the Town of Wappinger,a municipal corporation whose Town Hail is located at 20 Middlebush Road, Wappingers Falls,New York 12590 ("Obligee"), KNOW ALL MEN BY THESE PRESENTS that the Obligor is held and firmly bound unto the Obligee in the CL sum of$2,000.00 for the Obligee's responsibility to construct the two dumpster enclosures in accordance with the drawings prepared by M.A.Day Engineering and approved by the Town of Wappingers Planning Board. The said Obligor binds itself, its successors and assigns,as more particularly described in this performance bond. WIIEREAS,the Obligor has applied to the Town of Wappinger for a completed site plan approval for Osborne Square (Formally Bank Plaza),premises located at 1145-1147 Route 9,Town of Wappinger and,has agreed to construct the approved dumpster enclosures in accordance with the approved site plans. co 2 NOW, THEREFORE,the condition of this Performance Agreement is such that, if the Obligor shall well E and truly complete the dumpster enclosures in accordance with the plans and specifications as contained in the approved plans for the site,then the Obligee shall release the Obligor and return such Bond and sums posted as security for same. cc The Obligor shall at all times provide and maintain for the Obligee such security as the Obligee shall deem sufficient. In furtherance of this covenant,the Obligor has obtained and hereby delivers to the Obligee, for its faithful 0 performance of this obligation and Performance Agreement,the sum of Two Thousand Dollars($2,000.00), by Bank Check,which shall be cashed and the proceeds held in escrow by the Obligee pending the Obligor's compliance with the terms of this Performance Agreement. I The Obligor hereby agrees to both release and covenant not to sue the Town of Wappinger with respect to any and u all claims on behalf of itself, its successors or assigns,with respect to the enforceability of this Performance Agrcement for any non-conformity with the procedural and substantive provisions of this obligation; furthermore,the Obligor agrees hereby to defend and indemnify the Obligor(Town of Wappinger)with respect to any claims or defenses the Obligor may have in connection with this Performance Agreement in the event the Obligcc may not have complied with any law,local e law or ordinance in.the acceptance and approval of this Performance Agreement for the restoration of Obligor's site in the CO event it becomes necessary to restore the premises and the premises are not so restored. The Obligor agrees to execute and/or endorse and deliver to the Town any other documents required by the e Obligee to call upon the cash security provided by it; and The Obligee hereby agrees to release all obligations of this Performance Agreement upon the Obligor completing E the work as described herein r Dated: :/ GIL, co 1145 ROUTE 9 CORP. ea By: Kevin B. and Packet Pg.42 oQCNT:Up 7F}THS LISA GS VS W l'RkIE 3M1lk'F�fiMAHK -':`Fif l.W OO hA by UP TCF TF �.Cf3tR'C T�VIh2''i H E OAYI NMKAK ' UM1� L CC 513J�F62 : 8.4.a o . • U67 6012 Citizens Bank p�il„ a: pAY . 3t C Cat DOLL�F;�:: 0 ©BOER OE$ .': . @: c' Ihaw+er°Citizens Bank NA Fm MEMO LI s„ 104 93 J2 IV �+ 5L3546i2S0 1:01L5001201: 20752LE411■ Co2 E 0 IL 04Coe ui e e t 4) IL Co 4) 0 8!i Packet Pg.43 8.7.a (page 1 of 1) CONTRACT FOR SERVICES This contract for the services of musicians on the engagement described below is agreed upon and made February 26, 2016 between the undersigned purchaser of music and the undersigned musician of Edward K Hurley(leader of HURLEY MOUNTAIN HIGHWAY(HMHBand). CO 1. Name/Address of Engagement: Schlathaus Town Park Corner of Myers Corners Road &All-Angels Hill Road Wappingers Falls, NY 12590 M 2. Name of Band: HURLEY MOUNTAIN HIGHWAY (4 musicians) 3. Date& Time of Engagement:Thursday, July 14, 2016 (7:00-9:00 pm). Concert is shine only. 4. Type o Engagement. Town of Wa �n ars Falls 2016 Summer Concert Series Schlathaus Town Park yP fPPi g ( ) 5. Compensation Agreed Upon: $500.00 (2 hours: 7:00-9:00 pm...includes 1 short break @ 15 minutes) 6. Purchaser Will Male Payment as Follows: $500.00 CASH or CHECK (payable to Edward K. Hurley) Payment hand delivered or mailed to:Dr. Edward K. Hurley, 23 Highland Avenue, Cornwall, 1'VY 12518 7. Liability Insurance: HMHBand is fully insured. In the event a dispute shall arise between the parties to this contract, the parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration &Mediation Uj The parties agree to share equally in the costs of the mediation. If mediation fails, this contract shall be settled by arbitration.in New York, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendere6 by the arbitrator(s)may be entered in any court having jurisdiction thereof. If the foregoing is in accordance with your understanding and agreement with us,please so indicate by signing in the appropriate place below: e Purchaser: Date: Signatory Musicia Dater �GT Town of Wappingers Falls Supervisor: Lori A. Jiava Edward K. Hurley Band leader} 2 Recreation Director: Jessica Fulton 23 Highland Avenue co Town of Wappingers Fails Cornwall, NY 12518 20 Middlebush Road (H) 845-534-3591 (C) 845-857-6049 U. Wappingers Falls, NY 12590 urtheshow75@yahoo.com 845-297-0720 www.HMHBand.com Packet Pg.44 8.7.b Tony Basile 3 David Loop, Wappinger Falls, NY 12590 (845) 625-7569 0 CO Inthepocketbandhv@yahoo.com Benbasile.com/in-the-pocket CL Live Event Contract By and between In The Pocket(hereafter referred to as "Band") and (hereafter referred to as "Purchaser"). 0 Event Information: Date: Jul 7fh 2016 Start Time: 7 m End Time: 9 m Number of Sets: 2 Y P P � Location: Schlathaus Park 0 Rain Location (if applicable): n/a Purchaser Contact Person: x Ui0 Contact Address: Contact Phone: Contact Email: 0 as Compensation: $700 e PURCHASER BAND cm COe In The Pocket Name of Purchaser Name of Band _Tony BasileCi Signature of Purchaser or Authorized Representative Signature of Authorized Band Representative _Tony Basile E2 Printed Name& Title of Representative (if needed) Printed Name and Title of Band 0 Representative as _2/292016 Date Date Packet Pg.45 8.7.c s� Band Sooting Agreement _.. 0 CO This Contract, entered into on this 1 st day of Mar,2016, is for the personal services of the Musician(s)for the performance described below. The undersigned employer and the undersigned musician(s)agree and contract as follows: Band:—Tracy DeLucia Band Number of Musician(s): 5 Place of Performance: Schlathaus Park 126 All Angels Hill Road Wappingers Falls,NY 12590 845-297-3760 0 Date(s)of Performance:August 4, 2016 as Time(s) of Performance: 7:00-9:OOP Guaranteed Wage Agreed Upon: 550.00 Deposit: 0 Payment will be made out to the Tracy DeLucia. Additional Terms: cm This contract constitutes a complete and binding agreement between the Musican,Tracy CO DeLucia and The Town of Wappingers falls,Jessica Fulton. In the event of inclement weather the date is August 7 00 CO Jessica Fulton ucia Packet Pg.46 Southern Dutchess Concert Band Featuring crowd-pleasing show tunes, popular standards, marches and wind ensemble music! Friday, February 26th, 2016 co Jessica Fulton, Recreation Director Town Of Wappinger 20 Middlebush Rd. CL Wappingers Falls, NY 12590 845-297-3670 (w) Dear Jessica, The following is a contract as per our correspondence: Event: Town of Wappinger- Summer Outdoor Concert Location: Schlathaus Park 0 Date: Thursday, July 28th, 2016 Performance Time: 7 p.m. to 9 p.m. 0 Service Provided: Southern Dutchess Concert Band will perform two 50-minute sets of music. Details: Southern Dutchess Concert Band will arrive at 6 p.m. to set up. We'll need 50 chairs without arms and access to an electrical outlet. In case of inclement weather, you'll notify me of the concert being postponed by 3 p.m. that day. r_ Compensation: $500, payable on the day of the performance. Please make the check payable to me, David F. Cole. For IRS purposes, Southern Dutchess Concert Band is a cooperative orchestra. �+ Publicity Information: The Southern Dutchess Concert Band continues in the great American tradition set out by the John Philip Sousa Band to entertain audiences with a wide variety of music. Featuring crowd-pleasing show tunes, popular standards, marches, light classical and wind ensemble music, the Southern Dutchess Concert Band consists of over fifty woodwind, brass and percussion musicians from southern Dutchess County and surrounding areas. If these arrangements meet with your approval, please sign a copy of this letter and return it to me. Please call me if you have any questions. Thank you, David F. Cole, Manager of the Southern Dutchess Concert Band 3 Rose Lane Wappingers Falls, NY 12590 845-226-6072 (home), 914-204-4421 (cell) dave@thebigbandsound.com I approve of the above arrangements ................................................................................ ............... Signature Date More information can be found on our website at: Facebook.com/SouthernDutchessConcertBand Packet Pg.47 8.8.a �i AGREEMENT FOR OPERATION OF CARNIVAL, RIDES, CONCESSIONS AND AMUSEMENTS FOR TOWN OF WAPPINGER COMMUNITY DAY 0 THIS AGREEMENT, made the day of 2016 by and between TOWN OF WAPPINGER a municipal subdivision with its office located at Town Hall, 20 Middlebush Road, Wappinger Falls, New York, 12590 (hereinafter referred to as the "TOWN") E2 L- and U. C & N AMUSEMENTS, INC. a New York corporation with its principal offices at 209 Lakeside Road, Newburgh, New York, 12590 (hereinafter referred to as "C&N") WITNESSETH : x 1. INTRODUCTION. 1.1 Purpose. The purpose of this Agreement is to provide for operation of carnival rides, games and concessions during the 41st Annual Town of Wappinger 00 Community Day ("Community Day")to be held on September 10, 2016. 1.2 Dates of Use and Hours of Operation. co 1.2.1 This Agreement provides for operation of carnival rides, games as and concessions during Community Day. C&N is licensed to occupy and use the premises for the purposes herein permitted on the following dates: September 3, 2016 through September 17, 2016, which includes one week for moving in and one week for moving Packet Pg.48 8.8.a UT out. 1.2.2 Community Day will be held on September 10, 2016, with a rain U date of September 11, 2016. No additional fee will be charged for the movement of theUT event due to weather. 1.2.3 All rides, games, and concessions must be open for operation from 2:OOP.M. — 8:OOP.M. on Community Day. 1.3 Possession. Possession of the Premises shall at all times remain with the TOWN and the rights of use and occupancy are subject to limitation, suspension, or 0 revocation by the TOWN when the TOWN determines it has a need for the Premises as inconsistent with the rights herein granted,provided, the TOWN shall give such notice as as is reasonable under the circumstances. 1.4 Grant of License. The TOWN grants C&N permission to occupy and use designated portions of Schlathaus Park located at the corner of Myers Corners Road as and All Angels Hill Road in the Town of Wappinger, hereinafter referred to as the "Premises", for the purposes set forth herein subject to all terms and conditions hereof. 0 2. AMUSEMENT RIDES. 00 2.1 Basic Obligations. C&N is obligated to bring to Community Day and cause to be operated during the hours of operation a carnival consisting of amusement cm cow rides, games and concessions. 2.2 Payment. The TOWN shall pay C&N the sum of Eight Thousand as Seven Hundred Dollars ($8,700.00) for the operation of all amusement rides provided in 7@ Paragraph 2.3 subject to the terms and conditions of this agreement. 2 Packet Pg.49 8.8.a UT 2.1.1 C&N shall NOT charge any eventgoer for any rides set forth in Paragraph 2.3 during Community Day U UT 2.3 Amusement Rides to be Provided include: 2.3.1 One Large Ride(non-inflatable): (i) 100 Foot Slide 2.3.2 Two Kiddie Rides: (i) Tubs of Fun; and as (ii) Car Rides. 0 U. 2.3.3 Two Major Rides: as (i) Tempest; or as (ii) Merry Mixer; or (iii) Sizzler 2.3.4 One Rock Wall: X Baa 2.4 Restrictions. 2.4.1 C&N shall not: 0 (i) change or substitute any of the above rides without prior 00 written approval from the Town prior to the event. Any change or substitute must be replaced with a comparable ride. Failure to provide an cow acceptable substitute will result in C&N paying a $500 fee which will be considered a liquidated damage. Both the Town and C&N agree that this as clause and damage settlement is reasonable for the described breach of this 7@ Agreement; 3 Packet Pg. 50 8.8.a UT (ii)provide any ride that is not clean, well maintained, and in compliance with all Federal and New York State rules regulations and U guidelines, and have all necessary and current inspections and certifications. 3. GAMES AND FOOD CONCESSIONS. 3.1 Basic Obligations. C&N is obligated to bring to Community Day and cause to be operated during the hours of operation two skill games and one concession stand. 3.1.1 Skill Games will include: as (i)Fat Cat; and as (ii) Basketball. 3.1.2 Concessions will include: (i) one cotton candy machine; and x Ui as (ii) one popcorn machine 3.2 Payment. C&N may charge a reasonable amount for all games and 0 concessions and keep 100 percent of the proceeds from all sales. 00 3.3 Restrictions. 3.3.1 C&N shall not: cm co Ui (i) operate any games which are in violation of State or Federal law or regulation; E as (ii) offer cash prizes or re-purchase prizes in any game; 7@ (iii) offer as prizes live ducks, chicks, or other live animals; knives 4 Packet Pg. 51 8.8.a UT firearms or any look alike items which could be used as a weapon; (iv) offer as prizes, or display, drug paraphernalia,posters or other U items deemed inappropriate by the TOWN. UT 4. PAYMENT PROCEDURE. 4.1 Payment Due. A Twenty Five (25) percent deposit will be paid by the TOWN and will be made upon receipt of a fully executed Agreement. The balance of the payment by the TOWN will be made within thirty (30) days after the completion of the event and all equipment has been removed from the Premises, provided all services 0 U. have been performed in accordance with this Agreement. as 5. CONDITIONS OF USE. 5.1 Location of Carnival. The amusement rides, games and concessions shall be operated exclusively within the areas designated by the TOWN. 5.2 Operation Terms. X Uj as 5.2.1 C&N shall: (i) conform to and comply with all federal, state, county and local 0 sanitation and health rules, regulations and laws governing the use of all 00 rides, games and concessions; (ii) report and pay all federal state county and local taxes that may cow be due or payable by reason of any operation hereunder; (iii) maintain designated areas free of all garbage and debris at all as times. All garbage and debris is to be bagged and deposited in designated 7@ collection area; ccU 5 Packet Pg. 52 8.8.a UT (iv) abide by all general conditions and rules and regulations, written or orally made by the TOWN; U UT (v)provide all equipment necessary to operate all rides, games and concessions provided for within this Agreement. (vi)provide their own power source i.e. generators and wiring for rides, games and equipment operation, and all wires shall be placed in a manner that provides for safe public movement; be responsible for and the removal of any hazardous products L- (vii) generated during the fair and comply with all laws, rules and regulations as concerning hazardous waste; as (viii)require all employees to wear distinctive uniforms and some form of identification. Uniforms shall be maintained and laundered as necessary x w (ix)have all employees provide courteous, efficient, sanitary and safe service to patrons. Abusive language will not be tolerated. Persons 0 handling and vending products under this Agreement shall meet all 00 applicable TOWN, County and State health regulations; (x)be required to obtain any and all necessary permits and/or CM co Ui licenses that are required by any Federal, New York State, Dutchess County or Town Law for the operation of any rides, game and/or as concessions and provide copies of the same to the TOWN within Thirty 7@ (30) days prior to Community Day; 6 Packet Pg. 53 8.8.a UT (xi)provide quality rides, games, and concessions that shall be properly maintained and presentable. If any ride is rendered inoperable for U more than one (1) hour during Community Day C&N will pay a $500 feeUT which will be considered a liquidated damage. Both the TOWN and C&N agree that this clause and damage settlement is reasonable for the described breach of this Agreement; (xii)remove all equipment form the Premises within one week of Community Day. Failure to remove all equipment within one week after 0 Community Day will result in a $100 fine per day for each day the as equipment remains on TOWN property; as 5.3 TOWN Approval. 5.3.1 If the TOWN disapproves of any amusement ride, game or food concession, C&N shall discontinue the ride, close the game or food concession until the x Ui as problem is remedied. 5.3.2 Any approval by TOWN under this Agreement is conditioned upon 0 the amusement rides, games and concessions meeting the requirements of all federal, 00 state and local laws and the TOWN reserves the right at any time without liability or penalty, to disapprove any ride or concession upon its sole determination that there is or CM co Ui may be a violation of any law. The responsibility and cost of obtaining any and all permits as may be necessary to assure compliance with the laws shall be born entirely by as C&N. 7 Packet Pg. 54 8.8.a �i 5.4 Compliance with Law Required. C&N covenants that its amusement rides, novelty and game concessions, and food concessions shall strictly comply in all U UT particulars with every provision of this Agreement, and with applicable TOWN, county, state and federal laws, rules and regulations, in any matter concerning the operations contemplated by this Agreement. C&N further covenants that in operation of all amusement rides, games and concessions under this Agreement, there shall be no obscene, immoral or objectionable devices or practices, shows, or exhibits of any kind whatsoever. C&N will immediately, upon demand of the TOWN, close and remove from 0 U. Premises any such device or practice, show or exhibit that is operated in violation of any as TOWN, county, state or federal law, rule or regulation, or which is, in the TOWN'S as opinion, in any manner obscene, immoral or otherwise objectionable. C&N agrees to save the TOWN and its elected and appointed officials, officers, employees, agents and volunteers harmless from any liability or damage for closure or removal from the X as Premises. 6. GENERAL CONDITIONS. 0 6.1 Hold Harmless Agreement. C&N shall protect, save and hold harmless, 00 indemnify and defend at its own expense, the TOWN, its elected and appointed officials, officers, employees, agents and volunteers from any loss or claim for damages of any cm cow nature whatsoever, arising out of the performance of this Agreement, including claims by employees or third parties, except for those damages solely caused by the negligence or as willful misconduct of the TOWN, its elected and appointed officials, officers, employees, 7@ agents or volunteers. Neither the TOWN, nor its elected and appointed officials, officers, 8 Packet Pg. 55 8.8.a UT employees, agents or volunteers shall be liable for any damage or injury to C&N, its agents or employees in connection with this Agreement. Property shall include, but not be U UT limited to, the amusement rides, side shows, novelty and game concessions, and food concession booths together with all of their fixtures, supplies and inventory of merchandise for sale, owned or leased by or consigned to C&N, its agents or employees. 6.2 Insurance. 6.2.1 C&N shall not commence work under the Agreement until it has obtained the insurance required and such insurance has been approved by the TOWN. 0 U. C&N shall not permit any agent or employee to commence work in relation to the as Agreement until insurance equivalent of that required of C&N has been so obtained and as approved by the TOWN. Within Fourteen (14) days of a fully executed Agreement, C&N will provide an original Certificate of Insurance to the TOWN naming the Town of Wappinger is an "Additional Insured" during the term of the Agreement. C&N must X as obtain and maintain, at its sole cost and expense during the life of the Agreement, insurance of the following types and minimum amounts: 0 (i) Commercial Liability Insurance coverage in the amount of 00 $2,000,000 per occurrence; (ii) Comprehensive Automobile Liability insurance coverage in CM co the amount of$1,000,000 per occurrence; (iii) Excess Liability Insurance in the amount of$5,000,000; and as (iv) Worker's Compensation and Disability Insurance in 7@ accordance with New York State Law requirements. 9 Packet Pg. 56 8.8.a �i s� 6.2.2 The insurance which C&N is required to obtain and maintain shall U UT be written by a company or companies licensed to do business in the State of New York and satisfactory to the TOWN. C&N shall not allow any policies to be canceled or permit the policies to lapse during the term of the Agreement. All insurance policies shall include a clause to the effect that the policy shall not be canceled or changed unless thirty (30) days prior written notice has been received by the TOWN and provided further that the notice must be evidenced by receipt of registered letter. 0 6.3 Non-Assignment. This Agreement may not be assigned. as 6.4 Governing Law and Stipulation of Venue. The laws of the State of as New York shall govern this Agreement and the parties stipulate that any lawsuit regarding this Agreement must be brought in Dutchess County, New York. 6.5 Attorney's Fees. The losing party agrees to pay reasonable attorney as fees and costs to the prevailing party in the event it is necessary to commence any legal action, suit or proceeding against the other party by reason of any breach of this Agreement. 00 6.6 Indemnification for Damage to TOWN Property. C&N agrees to indemnify the TOWN for any and all damages caused by its negligence to the TOWN's CM cow property. 6.7 Termination. This Agreement may be terminated by either party on as written notice on or before July 1, 2016. Any termination pursuant to this paragraph will 7@ result in the return of the Twenty Five (25) percent deposit. Failure to provide written 10 Packet Pg. 57 8.8.a UT notice to terminate will result in a One Thousand Dollar ($1000) fee which will be considered a liquidated damage. Both the TOWN and C&N agree that this clause and C U damage settlement is reasonable for the described breach of this Agreement. UT 6.8 Mandatory Provision. Each and every provision required by law to be C inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein and in the event any such provision C is not inserted or is not correctly inserted, then, upon the application of either party, this Agreement shall forthwith be physically amended to make such insertions or corrections. 0 t C 6.9 Independent Contractor. C&N agrees that it will perform services 0 as under this Agreement as an independent contractor and not as an agent, employee or as servant of the TOWN. The parties agree that C&N and its employees are not entitled to any benefits or rights enjoyed by employees of the TOWN. The TOWN specifically has the right to direct and control C&N's own activities in providing services in accordance X as with the specifications set forth in this Agreement. The TOWN shall only have the right to ensure performance. C&N agrees that neither it nor its employees, agents, subcontractors or sub-licensees shall in any manner represent itself or permit itself to be 00 represented to the public as an agent of the TOWN. 6.10 Modifications. This Agreement may not be modified orally and CM Co Ui modifications must be accomplished with the same formalities as are required for the C 4) execution of this Agreement. E as 6.11 Notices. All correspondence and/or notices concerning this Agreement 7@ Z shall be sent to: C 4) 11 Packet Pg. 58 8.8.a UT s� Town of Wappinger Recreation Department Town Hall U 20 Middlebush Road Wappinger Falls, New York 12590 Attention: Jessica Fulton, Recreation Director with a copy to: Albert P. Roberts, Esq. Stenger, Roberts, Davis & Diamond, LLP 1136 Route 9 Wappingers Falls, New York 12590 0 U. and: C &N Amusements, Inc. 209 Lakeside Road Newburgh, New York 12550 6.12 Entire Agreement. This Agreement constitutes the whole and entire agreement between the parties. X Uj as IN WITNESS WHEREOF, this agreement has been executed in four counter parts the day and year first above written. 0 TOWN OF WAPPINGER 00e BY: M LORI A. JIAVA, SUPERVISORco Uj C &N AMUSEMENTS, INC. as BY: 7@@ 12 Packet Pg. 59 8.8.a �i s� STATE OF NEW YORK ) ss.: U COUNTY OF DUTCHESS ) On the day of April, 2016, before me, the undersigned, a notary public in and for said state personally appeared LORI A. JIAVA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC L- U. 4- STATE OF NEW YORK ) X ss.: Ua COUNTY OF DUTCHESS ) °' On the day of April, 2016, before me, the undersigned, a notary public in and for said state, personally appeared personally known to me 0 or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person 00 upon behalf of which the individual acted, executed the instrument. cmM co Uj NOTARY PUBLIC 13 Packet Pg. 60