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2016-06-27 Town of Wappinger 20 Middlebush Road Wappingers Falls,NY 12590 Regular Meeting townofwappinger.us Minutes — Joseph Paoloni (845)297-5771 Monday, June 27, 2016 7:30 PM Town Hall I. Salute to the Flag II. 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 Late 7:35 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 Jim Horan Consultant Attorney Present 7:30 PM Albert Roberts Consultant Attorney Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM III. Adoption of Agenda 1. Motion To: Adopt Agenda ........ ......... ........ ......... ..... .. ....... ..... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Accept Minutes 1. Motion To: Acknowledge Minutes of June 13, 2016 ........................................................ .. ......... ......... ......... ......... .... ......... ......... ......... ......... ...................................... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page I Printed 711412016 Regular Meeting Minutes June 27, 2016 V. Correspondence Log RESOLUTION: 2016-194 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence L - 20,16-06-27 Nwhr To From @ate I Date Rec' Rea A errda @ate 66-27-661 Towii Board Loa Aiiiie Frorlo 6f2212016 6)12212616 Report ofW''afor and Sewer Pa meirts 612712616 66-27-662 All Plairhig Board 61612616 6,12212616 HLidsolr Valley Volvo 6127/2616 66,27-663 Towwii Board Cad Mlfsoir 6 U2016 6f2212616 May M iithly Ra orf 612712616 66,27-664 Towvii Board boa C uirti 6161616 60016,Moiithly Report 6 712616 66,27-666 15arbara Roberti I KM0161 612311616 1 Propeqy Mahleiinco Public Hoarier U27;2616 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-2016-194 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as AmendedLori A.Jiava Voter Q ❑ ❑ ❑ William H.Beale Seconder Q ❑ ❑ ❑ ❑ Defeated . ❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Vot11 er Q ❑ ❑ ❑ ,. Michael Kuzmicz................... .Voter ....,.........Q........,........❑..... ❑........ ......❑..... Dated: Wappingers Falls, New York June 27, 2016 The Resolution is hereby duly declared Adopted. VI. Public Hearings Public Hearing on 2016 Local Law 2 on Solar Panels The Public Hearing was adjourned to the July 11th meeting awaiting comments. Town of Wappinger Page 2 Printed 711412016 Regular Meeting Minutes June 27, 2016 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADJOURNED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Resolution Introducing "Local Law No. 3 Of The Year 2016, Amending Chapter 133 Of The Town Code Known As Flood Damage Prevention" Supervisor Jiava said that once we have all the paperwork we can put in on the main page of the website with a contact number for all the residents that have questions. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VII. Public Portion 1. Motion To: Open Public Portion Resident Schmalz questioned 3 items in the minutes under payment of vouchers. Supervisor Jiava explained that one was Investigator Bernstein's work on a workplace violence report submitted on April 7th. The other was Joe Johnson equipment regarding an old highway sweeper for parts not manufactured anymore. The third was for Hudson Valley EC&N for $82,421. The Supervisor promised to provide the information on the following day. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Close Public Portion ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VIII. Discussions 1. Motion To: Add Paddle Tennis to the Tennis Program Recreation Committee Chairman Ralph Holt suggested adding "Paddle-Tennis" to the Tennis Program by constructing a temporary court on one of the Pye Lane Tennis courts. Town of Wappinger Page 3 Printed 711412016 Regular Meeting Minutes June 27, 2016 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Highway Road Resurfacing Councilman Fenton had some concerns that Highway Superintendent was low-balling the cost to pave 5 miles of road. Highway Superintendent Bettina said that he can acquire black top at $54 per ton, type 6, 2.5 compressed, which is less than what the county can get. Councilman Fenton asked how many tons of blacktop per mile of road. Mr. Bettina broke it down as follows: Quiet Acres 1.24 miles 2600 tons 2097 tons/mile $140,400 Wheeler Hill 0.55 miles 1130 tons 2055 tons/mile$61,020 Dorothy Lane 0.64 miles 1315 tons 2055 tons/mile$71,000 Diddell Rd 1.70 miles 3900 tons 2294 tons/mile$210,600 Maloney Rd 0.60 miles 1350 tons 2250 tons/mile$72,900 He added the total including rental, labor and milling is $808,970 or$82.37 per ton of blacktop installed. The total of blacktop alone is $555,930 or $54 per ton for 10,295 tons based on the sum of the tons given by Mr. Bettina. He added that he has $400,000 of approved bonds and is asking the town for $410,000. He added that there is $870,000 in the highway fund balance alone and $220,000 of State Highway money available once the job is completed. He explained that the millings would be taken away by Mr. Hummestead. Councilman Fenton questioned the numbers as being too low. Supervisor Jiava said that should he need more money, he can come back to the town for more money. Mr. Bettina explained the detail of the rental costs as: Quiet Acres $53,660 Wheeler Hill $31,770 Dorothy Lane $33,000 Diddell Road $68,380 Maloney Rd. $41,000 Councilman Kuzmicz added that the Highway Superintendent gave information that prior highway superintendents have given, if not, even more information. He asked Councilman Fenton how the numbers given were too low. Councilman Beale re-iterated the fact that should he need more money, he can come back to the town for more money. IX. Resolutions RESOLUTION: 2016-176 Resolution Adopting Local Law No. 2 Of The Year 2016, "Adoption Of Zoning Provisions For Solar Energy Systems For The Town Of Wappinger." Town of Wappinger Page 4 Printed 711412016 Regular Meeting Minutes June 27, 2016 WHEREAS, on March 28, 2016, the Town Board of the Town of Wappinger adopted Resolution 2016-218 which introduced a proposed Local Law entitled, "Adoption of Zoning Provisions for Solar Energy Systems for the Town of Wappinger"; and WHEREAS,the proposed Local Law together with Part 1 of the Full Environmental Assessment Form was submitted to the Dutchess County Department of Planning which indicated that the Local Law was a matter of local concern with a comment that it should be referred to the NYS Department of Agriculture and Markets; and WHEREAS,the proposed Local Law together with Part 1 of the Full Environmental Assessment Form was submitted to the Town of Wappinger Planning Board pursuant to § 240- 112 of the Zoning Law of the Town of Wappinger and the Planning Board recommended the adoption of the Local Law; and WHEREAS,the proposed Local Law was submitted to the Department of Agriculture & Markets for review pursuant to §305-a of the Agriculture & Markets Law; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on April 25, 2016 and continued to May 23, 2016, June 27, 2016 and July 11, 2016 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS,the Town Board hereby adopts a Negative Declaration of Significance in connection with the amendments to the Town Code adopted herein; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "Adoption of Zoning Provisions for Solar Energy Systems for the Town of Wappinger", a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. 4. A copy of the Negative Declaration is to be submitted to the NYS Environmental Notice Bulletin by the Attorney to the Town or his designee. 4. This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-176 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava......................... .Voter....,.........Q...... ❑........,........❑...... .....❑.... ❑ Defeated William H.Beale.....................Voter....,.........Q...... ❑........,........❑...... .....❑.... Q Tabled ..... ........ ............... ....... .... .......,...... ... .... ............ ...... William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton..........................Seconder.......... ..... ......❑................❑..... Next:7/11/16 7:30 PM ............................ .................. ............. ............ ............ ...... Michael Kuzmicz Voter Q ❑ ❑ ❑ Town of Wappinger Page 5 Printed 711412016 Regular Meeting Minutes June 27, 2016 Dated: Wappingers Falls, New York June 27, 2016 The Resolution is hereby duly declared Tabled. RESOLUTION: 2016-180 Resolution Accepting The Town Of Wappinger Fund Balance Policy WHEREAS, the Town seeks to create a formal Fund Balance Policy establishing best management practices to address year end surpluses and fund balances; and WHEREAS, the Town recognizes that the formation of an unassigned fund balance will stabilize and possibly enhance the current credit rating of the Town; and WHEREAS, all major credit rating agencies (Moody's, Standard and Poor's and Fitz) site formal Fund Balance Polices as best management practices commonly used by better rated communities; and WHEREAS, municipalities that adhere to Fund Balance Polices are viewed as being more proactive which in return results in higher credit ratings and lowering borrowing costs; and WHEREAS, the Town, in consultation with the Town's Financial Advisor, finds the Fund Balance Policy to be reasonable and in the best interest of the Town. 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 that they have reviewed the terms and conditions of the Fund Balance Policy and find the same to be reasonable and acceptable. 3. The Town Board hereby authorizes and accepts the Fund Balance Policy in essentially the same for as attached hereto. 4. The Town Board hereby authorizes the implementation of the Fund Balance Policy immediately.. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-180 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended p ,,.Lori A.Jiava......................... .Voter... Q ❑..... ❑.. ❑ ❑ Defeated William H.Beale.................. ...Voter... Q........,........❑..... ❑........,.......❑..... Q Tabled WilliamCicca.........................Mover... .......Q........,.......❑........,........❑...... ❑.... elli ❑ Withdrawn John J.Fenton....................... ..Seconder........Q........,........❑.......,........❑........,.......❑..... Next:7/11/16 7:30 PM .. ...... .................... ................. ..... .... ............ ............ ...... Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2016 The Resolution is hereby duly declared Tabled. RESOLUTION: 2016-188 Resolution Authorizing Transfer Of Funds For Highway Resurfacing Projects WHEREAS,Highway Superintendent Bettina plans to resurface approximately five Town of Wappinger Page 6 Printed 711412016 Regular Meeting Minutes June 27, 2016 miles of Town roads this calendar year at an approximate cost of$810,000; and WHEREAS, according to the Town Accountant, there is approximately $400,000 available and on hand resulting from unspent 2014 and 2015 bond issues for highway resurfacing that can be expended immediately; and WHEREAS,it is anticipated that there is $220,000 reimbursable from the CHIPS program after the Town has completed $220,000 worth of highway resurfacing; and WHEREAS,the CHIPS program requires the Town to expend the money first and then submit for reimbursement; and WHEREAS,there is an estimated $870,000 in unallocated DB fund balance which can be applied to highway resurfacing projects. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a transfer of$410,000 from the DB fund balance to cover the cost of highway resurfacing in calendar year 2016 and to transfer said amount from the DB fund balance to budget line D135112.400. 3. The Town Board anticipates that of the $410,000 funds transferred from the DB fund balance, approximately $220,000 thereof will be reimbursed through the CHIPS program. All funds received from 2016 CHIPS reimbursement will be transferred to DB fund balance. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-188 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ..............I....................I.... ....... ❑ Defeated William H.Beale ...................Voter ...,....... Q ......,...... ❑ ... ❑........,..... ❑ ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter ❑ Q ❑ ❑ MichaelKuzmicz.....................Mover... .......Q...... ❑...... ❑...... ❑.... Dated: Wappingers Falls, New York June 27, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-195 Resolution Adopting "Local Law No. 3 Of The Year 2016,Amending Chapter 133 Of The Town Code Known As Flood Damage Prevention" WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing proposed "Local Law No. 3 of the Year 2016, Amending Chapter 133 of the Town Code known as Flood Damage Prevention"; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News, the official newspapers of the Town; and WHEREAS, the Public Hearing was held on June 27, 2016, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board determined that the proposed Local Law was not subject to Environmental Review; and Town of Wappinger Page 7 Printed 711412016 Regular Meeting Minutes June 27, 2016 WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED, 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 of the Town of Wappinger hereby adopts "Local Law No. 3 of the Year 2016, Amending Chapter 133 of the Town Code known as Flood Damage Prevention", a copy of which is attached hereto and made part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and to the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York . The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-195 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 Seconder Q ❑ ❑ ❑ ........ ... ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-196 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Advance Auto Parts WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2013, 2014 and 2015 by Advanced Auto Parts regarding real property located at 803 Old Route 9 N, Grid 4 6158-19-562094, seeking a reduction in the 2013, 2014 and 2015 tax assessments for their respective tax roll; and WHEREAS,the Town Assessor and Special Counsel have recommended a settlement of this tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2013, 2014 and 2015, as it pertains to: Grid 4 6158-19-562094 Year Original Total Revised Total Reduction Assessment Assessment 2013 $1,450,000 $1,280,000 $170,000 2014 $1,450,000 $1,280,000 $170,000 2015 $1,450,000 $1,280,000 $170,000 Town of Wappinger Page 8 Printed 711412016 Regular Meeting Minutes June 27, 2016 and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution including the trailing year of 2016. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-196 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ William H.Beale Seconder Q ❑ ❑ ❑ ❑ Defeated ... ............... ... .... ... .................. .. .... .... ... ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q D D D .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-197 Resolution Ordering The Abatement Of Property Maintenance Violations At 2 Fowlerhouse Road WHEREAS, Jeffrey and Judith DeFrance, are the last known owners of real property shown on the tax records and the tax map of the Town of Wappinger as Tax Parcel ID 4 6157- 04-572348, having a street address of 2 Fowlerhouse Road ("Property"); and WHEREAS, the Town records indicate that Select Portfolio Services of 3815 SW Temple, Salt Lake City, UT 84165 is the mortgagee of record; and WHEREAS, the Town of Wappinger received complaints that the Property had become overgrown with grass and weeds and that it was unsightly; and WHEREAS, an Enforcement Official of the Town of Wappinger observed the existence of weeds and/or grass on the Property that exceeds ten (10)inches in height which violates § 185-3(C) of the Town of Wappinger Code on June 21, 2016 and thereafter issued a Notice of Violation & Order to Remedy High Grass & Weeds dated June 21, 2016 (copy attached as Exhibit "A"), which informed any person in control of the property that they had an opportunity to appear and be heard at this meeting of the Town Board to offer proof that the property is in compliance with the standards of Chapter 185 of the Town Code or that additional time is needed to take corrective action to cure the violation; and WHEREAS, an Enforcement Official of the Town of Wappinger filed a written report with the Town Board of the Town of Wappinger noting that he/she had inspected the Property and found that weeds and/or grass on the property exceeded ten (10)inches and the Property was not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; and WHEREAS, a Public Hearing was held on June 27, 2016 and all parties in attendance were permitted an opportunity to speak regarding the maintenance conditions of the Property; and Town of Wappinger Page 9 Printed 711412016 Regular Meeting Minutes June 27, 2016 WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that the height of weeds and/or grass on the property exceeds ten (10) inches in height and the Property is not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; that such condition has continued after the Order to Remedy was duly issued and it is determined that abatement of the high grass and weeds is now required. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby directs that the Supervisor of Buildings and Grounds dispatch workers to the Property to cut the grass and weeds as soon as possible. 3. In the event that the Department of Buildings and Grounds is unable to mow the Property, the Supervisor of the Town or the Supervisor of Buildings and Grounds is authorized to engage the services of a landscape contractor to undertake such work as expeditiously as possible, which is not subject to competitive bidding. 4. In either case, accurate records of the labor and material costs required to perform the abatement work at the Property shall be kept so that they can be assessed and levied against the Property. 5. Claims for all work performed on the property shall be audited and approved in accordance with Article 8 of the Town Law. 6. A notice stating the total amount due and the nature of the charge shall be mailed by the Town to the last known address of the person whose name appears on the records in the office of the Town Assessor as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to Section 185- 6 of the Town Code. The property owner shall have 10 days, after a copy of the notice establishing the costs and expenses is received to challenge any of the costs incurred by the Town. 7. After expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Assessor to the Town to be levied and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town charges. 8. The Town Clerk is directed to mail the annexed Order of Abatement (copy attached as Exhibit"B") within two (2) days hereof to the Property Owner and the mortgagee of record at the addresses shown on said Order. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-197 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 Seconder Q ❑ ❑ ❑ ........ ... ❑ Withdrawn John J.Fenton Mover Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2016 Town of Wappinger Page 10 Printed 711412016 Regular Meeting Minutes June 27, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-198 Resolution Ordering The Abatement Of Property Maintenance Violations At 43 Middlebush Road WHEREAS, Richard and Lisa Mosher, are the last known owners of real property shown on the tax records and the tax map of the Town of Wappinger as Tax Parcel ID 4 6157- 01-475875, having a street address of 43 Middlebush Road ("Property"); and WHEREAS, the Town records indicate that Bank of America of 201 E. Main Street, Louisville, KY 40206 is the mortgagee of record; and WHEREAS, the Town of Wappinger received complaints that the Property had become overgrown with grass and weeds and that it was unsightly; and WHEREAS, an Enforcement Official of the Town of Wappinger observed the existence of weeds and/or grass on the Property that exceeds ten (10)inches in height which violates § 185-3(C) of the Town of Wappinger Code on June 21, 2016 and thereafter issued a Notice of Violation & Order to Remedy High Grass & Weeds dated June 21, 2016 (copy attached as Exhibit "A"), which informed any person in control of the property that they had an opportunity to appear and be heard at this meeting of the Town Board to offer proof that the property is in compliance with the standards of Chapter 185 of the Town Code or that additional time is needed to take corrective action to cure the violation; and WHEREAS, an Enforcement Official of the Town of Wappinger filed a written report with the Town Board of the Town of Wappinger noting that he/she had inspected the Property and found that weeds and/or grass on the property exceeded ten (10)inches and the Property was not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; and WHEREAS, a Public Hearing was held on June 27, 2016 and all parties in attendance were permitted an opportunity to speak regarding the maintenance conditions of the Property; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that the height of weeds and/or grass on the property exceeds ten (10) inches in height and the Property is not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; that such condition has continued after the Order to Remedy was duly issued and it is determined that abatement of the high grass and weeds is now required. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby directs that the Supervisor of Buildings and Grounds dispatch workers to the Property to cut the grass and weeds as soon as possible. 3. In the event that the Department of Buildings and Grounds is unable to mow the Property, the Supervisor of the Town or the Supervisor of Buildings and Grounds is authorized to engage the services of a landscape contractor to undertake such work as expeditiously as possible, which is not subject to competitive bidding. 4. In either case, accurate records of the labor and material costs required to perform the abatement work at the Property shall be kept so that they can be assessed and levied against the Property. Town of Wappinger Page 11 Printed 711412016 Regular Meeting Minutes June 27, 2016 5. Claims for all work performed on the property shall be audited and approved in accordance with Article 8 of the Town Law. 6. A notice stating the total amount due and the nature of the charge shall be mailed by the Town to the last known address of the person whose name appears on the records in the office of the Town Assessor as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to Section 185- 6 of the Town Code. The property owner shall have 10 days, after a copy of the notice establishing the costs and expenses is received to challenge any of the costs incurred by the Town. 7. After expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Assessor to the Town to be levied and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town charges. 8. The Town Clerk is directed to mail the annexed Order of Abatement (copy attached as Exhibit "B") within two (2) days hereof to the Property Owner and mortgagee of record at the addresses shown on said Order. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-198 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ DefeatedWilliam H.Beale ............... Mover...,....... Q ❑ ... ❑ ❑ ... ❑ Tabled I'llWilliam Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ .. Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-199 Resolution Ordering The Abatement Of Property Maintenance Violations At 280 Old Hopewell Road WHEREAS, Susan J. Harris, is the last known owner of real property shown on the tax records and the tax map of the Town of Wappinger as Tax Parcel ID 4 6257-03-075427, having a street address of 280 Old Hopewell Road("Property"); and WHEREAS,there is no record of a mortgage on the Property; and WHEREAS, the Town of Wappinger received complaints that the Property had become overgrown with grass and weeds and that it was unsightly; and WHEREAS, an Enforcement Official of the Town of Wappinger observed the existence of weeds and/or grass on the Property that exceeds ten (10)inches in height which violates § 185-3(C) of the Town of Wappinger Code on June 21, 2016 and thereafter issued a Notice of Violation & Order to Remedy High Grass & Weeds dated June 21, 2016 (copy attached as Exhibit "A"), which informed any person in control of the property that they had an opportunity Town of Wappinger Page 12 Printed 711412016 Regular Meeting Minutes June 27, 2016 to appear and be heard at this meeting of the Town Board to offer proof that the property is in compliance with the standards of Chapter 185 of the Town Code or that additional time is needed to take corrective action to cure the violation; and WHEREAS, an Enforcement Official of the Town of Wappinger filed a written report with the Town Board of the Town of Wappinger noting that he/she had inspected the Property and found that weeds and/or grass on the property exceeded ten (10)inches and the Property was not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; and WHEREAS, a Public Hearing was held on June 27, 2016 and all parties in attendance were permitted an opportunity to speak regarding the maintenance conditions of the Property; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that the height of weeds and/or grass on the property exceeds ten (10) inches in height and the Property is not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; that such condition has continued after the Order to Remedy was duly issued and it is determined that abatement of the high grass and weeds is now required. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby directs that the Supervisor of Buildings and Grounds dispatch workers to the Property to cut the grass and weeds as soon as possible. 3. In the event, that the Department of Buildings and Grounds is unable to mow the Property, the Supervisor of the Town or the Supervisor of Buildings and Grounds is authorized to engage the services of a landscape contractor to undertake such work as expeditiously as possible, which is not subject to competitive bidding. 4. In either case, accurate records of the labor and material costs required to perform the abatement work at the Property shall be kept so that they can be assessed and levied against the Property. 5. Claims for all work performed on the property shall be audited and approved in accordance with Article 8 of the Town Law. 6. A notice stating the total amount due and the nature of the charge shall be mailed by the Town to the last known address of the person whose name appears on the records in the office of the Town Assessor as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to Section 185- 6 of the Town Code. The property owner shall have 10 days, after a copy of the notice establishing the costs and expenses is received to challenge any of the costs incurred by the Town. 7. After expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Assessor to the Town to be levied and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town charges. 8. The Town Clerk is directed to mail the annexed Order of Abatement (copy attached as Exhibit "B") within two (2) days hereof to the Property Owner at the addresses shown on said Order. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 13 Printed 711412016 Regular Meeting Minutes June 27, 2016 ✓Vote Record-Resolution RES-2016-199 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava....................... ...Voter... Q........,........❑.......,........❑........,.......❑..... ❑ Defeated William H.Beale......................Voter... .......Q................❑...... ......❑......... ........❑....... Q Tabled ............... ........ .... .............. ... .... ............ ...... William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton..........................Seconder............Q..................❑..... ......0................... ❑........ Next:7/11/16 7:30 PM . Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2016 The Resolution is hereby duly declared Tabled. RESOLUTION: 2016-200 Standard Work Day and Reporting Resolution for Elected and Appointed Officials BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby establishes the following standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employee's Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Standard Work Day Name Current Term Begin Record of Not (Hrs./day) &End Date Activities Result Submitted Elected Officials Town Supervisor 7 Lori Jiava Jan 1,2016-Dec 31, 22.20 2016 Town Clerk 7 Joseph Paoloni Jan 1,2016-Dec 31, 21.67 2019 Superintendent of 7 Vincent Jan 1,2016-Dec 31, 27.5 Highways Bettina 2019 Town Justice 7 Carl S. Jan 1,2016-Dec 31, 4.07 Wolfson 2019 Town Justice 7 Heather L. Jan 1,2014-Dec 31, 8.60 Kitchen 2017 Town Councilmember 6 William Beale Jan 1,2016-Dec 31, 11.11 2017 Town Councilmember 6 William Jan 1,2016-Dec 31, N/A* Ciccarelli 2017 Town Councilmember 6 John Fenton Jan 1,2016-Dec 31, 9.34 2017 Town Councilmember 6 Michael Jan 1,2016-Dec 31, 11.56 Kuzmicz 2017 *Councilmember Ciccarelli declined to participate in the NYS Retirement System. Appointed Officials Assessor 7 Christian Oct 1,2013-Sept 30, 21.80 Harkins 2019 Dog Control Officer 7 Jerald Owens Jan 1,2016-Dec.31, 9.22 2016 On this 27t11 day of June, 2016 Town of Wappinger Page 14 Printed 711412016 Regular Meeting Minutes June 27, 2016 The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-200 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava VoterQ ❑ ❑ ❑ ....... ........ . ❑ Defeated William H.Beale Mover...... Q ❑ ❑ ... ❑ ❑ Tabled William ................ ....... ...... ... .... .. ..... . .. ...... .. Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ C7 D Dated: Wappingers Falls, New York June 27, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-201 Resolution Awarding Bid For Pavement Repairs In Connection With All Angels Hill Road Sewer Line Repa WHEREAS,by Resolution 2016-78, adopted by the Town Board on February 8, 2016, the Town Board ratified and confirmed the action of Supervisor Lori A. Jiava in issuing an Executive Order which authorized the emergency facilitation of repair work for the sewer line failure in the shoulder of All Angels Hill Road between Cider Mill Loop and Edge Hill Drive, as well as awarded a contract to Sun Up Enterprises, Inc. in the amount of$140,248.25 for such repair work; and WHEREAS,there still remains portions of the job which repair paving; and WHEREAS,Engineers to the Town, Morris Associates Engineering & Surveying Consultants, PLLC, attempted to procure written proposals from three separate contractors pursuant to a"Proposal Request for the Town of Wappinger Pavement Repair" dated June 2016, a copy of which is affixed hereto; and WHEREAS,the Engineers only received two responses to the RFP as follows: Contractor Bid Amount Sun Up Enterprises, Inc., Wappingers Falls, NY $15,300.00 Clove Excavators, Inc., Poughkeepsie, NY $31,900.00 WHEREAS,inasmuch as the lowest bid was only $300.00 over the threshold in the Procurement Policy, and only two contractors responded, as well as in interest of timeliness and public safety, the Town Board suspends the Procurement Policy for this project; and WHEREAS,by email dated June 21, 2016 from Morris Associates Engineering & Surveying Consultants, PLLC, by Mark Long, P.E., it has been determined that the lowest responsible proposal was from Sun Up Enterprises, Inc., Wappingers Falls, NY with a written proposal in the amount of$15,300.00. 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 awards the bid for the pavement repair in connection with the All Angels Hill Road sewer line repair between Cider Mill Loop and Edgehill Drive to Sun Up Enterprises, Inc., Wappingers Falls, NY in the amount of$15,300.00 in accordance with the email of Mark Long, P.E. dated June 21, 2016, a copy of which is affixed hereto. Town of Wappinger Page 15 Printed 711412016 Regular Meeting Minutes June 27, 2016 In accordance with the specifications in the above-described Proposal Request, the Town Board hereby authorizes the Supervisor to execute any contract documents, including the Notice of Award and Notice to Proceed and forward a copy to Sun Up Enterprises, Inc., after the Attorney to the Town has confirmed that Sun Up Enterprises, Inc. has duly executed the required contract documents and has supplied the necessary insurance certificates The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-201 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ DefeatedWilliam H.Beale Voter. Q ❑ ❑ ❑ .................... ....... ......... ....... ........ ....... ..... ...... .. ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2016 The Resolution is hereby duly declared Adopted. X. Town Board Review of Vouchers RESOLUTION: 2016-202 Resolution Authorizing Abstract Of Claim And Warrant For Payment Of Claim Audited By Town Board -BB The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2016-BB Vendor A B DB T92 HMR (General (General (Highway (Planning (Water Meter Town Part Fund) /Zoning Replacement) wide) Town) Escrows) Camo Camo TOW Little League 6,000.00 Stip Central Hudson 91.70 Central Hudson 2,751.69 Wapp Cent School 270.00 Dist Montfort Bros 655.64 Town of Wappinger Page 16 Printed 711412016 Regular Meeting Minutes June 27, 2016 NYCOMCO 64.00 1,718.00 NYCOMCO 98.00 Platts Locksmith 170.00 Royal Carting 15,880.85 Home Depot 21.92 31.11 Home Depot 39.04 Lori Jiava Reimburse 157.02 Bottoni Fuel 120.87 Safeguard Pine Plains Tractor 323.45 Frederick Clark 713.00 Frederick Clark 7,267.25 Frederick Clark 1,560.00 Frederick Clark 1,843.00 Frederick Clark 1,959.00 Thalle Ind 92.00 Thalle Ind 935.61 Snap-on Tools Hyzer 137.25 DC Supervisor's Mtg 30.00 DC Supervisor's Mtg 30.00 Dutchess Metal Supply 68.00 Dutchess Metal Supply 252.00 Tilcon 925.79 Staples 53.04 Staples 25.49 Staples 78.97 Staples 21.60 Cintas 268.02 Town of Wappinger Page 17 Printed 711412016 Regular Meeting Minutes June 27, 2016 Reserve Acc't 7,000.00 Postage Fishkill Plains Garage 21.00 Thomas Cantarella 390.00 Comm of Finance 604.43 Supp Wells Fargo 323.00 Bus Prof Assoc 15.00 Rotary 200.00 PBE Auto Parts 195.53 Don Kortright Tires 260.00 Morris Assoc 8,014.92 1,926.51 3,407.20 3,743.95 Morris Assoc 143.00 Stormwater 950.00 Stormwater 50.00 Stormwater 425.00 Stormwater 575.00 Stormwater 125.00 Verizon Wireless 439.64 342.00 Amazon 4,998.00 Auto Zone 10.41 16.02 Hannaford 14.87 Delta Dental 1,806.20 292.75 Roberts IT 2,762.50 Consulting JK Power Equip 8.60 East Nat'l Water 22,697.40 American Printing 289.90 Total $50,128.88 $7,173.85 $9,346.56 $17,354.45 $22,697.40 Vendor LC I LD I LH I WF I WH Town of Wappinger Page 18 Printed 711412016 Regular Meeting Minutes June 27, 2016 (Cameli (Chelsea (Hughsonville (Fleetwood (Watchill Lighting) Lighting Lighting Water) Water) District) District) Camo 2,362.50 1,708.33 Camo TOW Little League Stip Central Hudson Central Hudson 2,497.26 84.54 881.87 Wapp Cent School Dist Montfort Bros NYCOMCO NYCOMCO Platts Locksmith Royal Carting Home Depot Home Depot Lori Jiava Reimburse Bottoni Fuel Safeguard Pine Plains Tractor Frederick Clark Frederick Clark Frederick Clark Frederick Clark Frederick Clark Thalle Ind Thalle Ind Snap-on Tools Hyzer DC Supervisor's Mtg DC Supervisor's Mtg Dutchess Metal Supply Dutchess Metal Supply Tilcon Staples Staples Staples Staples Cintas Reserve Acc't Town of Wappinger Page 19 Printed 711412016 Regular Meeting Minutes June 27, 2016 Postage Fishkill Plains Garage Thomas Cantarella Comm of Finance Supp Wells Fargo Bus Prof Assoc Rotary PBE Auto Parts Don Kortright Tires Morris Assoc Morris Assoc Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless Amazon Auto Zone Hannaford Delta Dental Roberts IT Consulting JK Power Equip East Nat'l Water American Printing Total $84.54 $881.87 $2,497.26 $2,362.50 $1,708.33 Vendor WT (Tall WU SF SM SU (Wapp Trees (Wapp (Fleetwood (Midpoint United Water) United Sewer) Sewer) Sewer) Water) Camo 3,179.17 86,166.67 Camo 8,391.67 10,000.00 58,166.67 TOW Little League Stip Central Hudson Central Hudson Wapp Cent School Dist Town of Wappinger Page 20 Printed 711412016 Regular Meeting Minutes June 27, 2016 Montfort Bros NYCOMCO NYCOMCO Platts Locksmith Royal Carting Home Depot Home Depot Lori Jiava Reimburse Bottoni Fuel Safeguard 197.70 197.70 Pine Plains Tractor Frederick Clark Frederick Clark Frederick Clark Frederick Clark Frederick Clark Thalle Ind Thalle Ind Snap-on Tools Hyzer DC Supervisor's Mtg DC Supervisor's Mtg Dutchess Metal Supply Dutchess Metal Supply Tilcon Staples Staples Staples Staples Cintas Reserve Acc't Postage Fishkill Plains Garage Thomas Cantarella Comm of Finance Supp Wells Fargo Bus Prof Assoc Rotary PBE Auto Parts Don Kortright Tires Town of Wappinger Page 21 Printed 711412016 Regular Meeting Minutes June 27, 2016 Morris Assoc 1,829.96 2,300.80 2,542.44 Morris Assoc Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless Amazon Auto Zone Hannaford Delta Dental Roberts IT Consulting JK Power Equip East Nat'l Water American Printing Total $3,179.17 $88,194.33 $8,391.67 $12,300.80 $60,906.81 $300,708.42 Vendor SW Paid Town Board Hold (Watchill Sewer) Camo 93,416.67 Camo 13,500.00 90,058.34 TOW Little League 6,000.00 Stip Central Hudson 91.70 Central Hudson 6,215.36 Wapp Cent School 270.00 Dist Montfort Bros 655.64 NYCOMCO 1,782.00 NYCOMCO 98.00 Platts Locksmith 170.00 Royal Carting 15,880.85 Home Depot 53.03 Home Depot 39.04 Lori Jiava Reimburse 157.02 Bottoni Fuel 120.87 Safeguard 395.40 Pine Plains Tractor 323.45 Town of Wappinger Page 22 Printed 711412016 Regular Meeting Minutes June 27, 2016 Frederick Clark 713.00 Frederick Clark 7,267.25 Frederick Clark 1,560.00 Frederick Clark 1,843.00 Frederick Clark 1,959.00 Thalle Ind 92.00 Thalle Ind 935.61 Snap-on Tools Hyzer 137.25 DC Supervisor's Mtg 30.00 DC Supervisor's Mtg 30.00 Dutchess Metal 68.00 Supply Dutchess Metal 252.00 Supply Tilcon 925.79 Staples 53.04 Staples 25.49 Staples 78.97 Staples 21.60 Cintas 268.02 Reserve Acc't 7,000.00 Postage Fishkill Plains 21.00 Garage Thomas Cantarella 390.00 Comm of Finance 604.43 Supp Wells Fargo 323.00 Bus Prof Assoc 15.00 Rotary 200.00 PBE Auto Parts 195.53 Don Kortright Tires 260.00 Morris Assoc 23,765.78 Morris Assoc 143.00 Stormwater 950.00 Stormwater 50.00 Stormwater 425.00 Stormwater 575.00 Stormwater 125.00 Verizon Wireless 781.64 Amazon 4,998.00 Auto Zone 26.43 Hannaford 14.87 Delta Dental 2,098.95 Town of Wappinger Page 23 Printed 711412016 Regular Meeting Minutes June 27, 2016 Roberts IT 2,762.50 Consulting JK Power Equip 8.60 East Nat'l Water 22,697.40 American Printing 289.90 Total $13,500.00 $0.00 $295,203.42 $5,505.00 $300,708.42 The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-202 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 Seconder Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-203 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board - CC The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2016-CC Vendor A B DB AM T92 (General (General (Highway (Ambulanc (Planning/Zonin Town Part Fund) a Fund) g Escrows) wide) Town) Central Hudson 1,599.63 Scott Volkman 3,045.00 N & S Supply 8.05 NYS Emp H/I Premium (393.28) 3,915.17 9,134.20 Lawrence Paggi 343.75 Town of Wappinger Page 24 Printed 711412016 Regular Meeting Minutes June 27, 2016 Al Roberts 3,558.62 1,461.25 Al Roberts 157.50 Al Roberts 2,607.50 13,682.63 1,837.50 2,652.27 Al Roberts 1,190.00 Al Roberts 315.00 Al Roberts 3,430.00 Al Roberts 5,162.97 Al Roberts Al Roberts Al Roberts Graham Foster 137.40 Thalle Ind 155.06 Hyzer Tools SnapOn 104.25 Hillman Signs 147.00 PERMA 655.75 302.85 4,768.86 Staples 199.95 EM Star 32,916.00 Ambulance Optimum 34.95 Mackey Butts & Wise 630.00 Mackey Butts & 35.00 Wise Mackey Butts & Wise 322.50 Mackey Butts & Wise 1,417.50 Mackey Butts & Wise 455.00 Mackey Butts & Wise Town of Wappinger Page 25 Printed 711412016 Regular Meeting Minutes June 27, 2016 1,426.25 C&C Hydraulics 209.08 CDW 22.00 R. Costa Electric 479.80 R. Costa Electric 135.00 R. Costa Electric 805.92 Amazon 28.22 Amazon 118.49 Joe Johnson Equip 3,205.37 John Weber 150.00 Craig Chatlos 209.98 Total $22,637.9 $17,929.7 $22,593.8 $35,523.50 $4,094.87 7 4 6 Vendor HWF WT SM SU WU (Hilltop & (Tall (Sewer (United (Wapp Atlas Trees Mid Wapp United Filtration) Water) Point) Sewer) Water) Central Hudson Scott Volkman N & S Supply NYS Emp H/I Premium Lawrence Paggi Al Roberts Al Roberts Al Roberts 87.50 3,237.50 Al Roberts Al Roberts Al Roberts Town of Wappinger Page 26 Printed 711412016 Regular Meeting Minutes June 27, 2016 Al Roberts Al Roberts 52.50 35.00 Al Roberts Al Roberts 262.50 Graham Foster Thalle Ind Hyzer Tools SnapOn Hillman Signs PERMA 62.54 Staples EM Star Ambulance Optimum Mackey Butts & Wise Mackey Butts & Wise Mackey Butts & Wise Mackey Butts & Wise Mackey Butts & Wise Mackey Butts & Wise C&C Hydraulics CDW R. Costa Electric R. Costa Electric R. Costa Electric Amazon Amazon Joe Johnson Equip John Weber Craig Chatlos Total $52.50 $87.50 $3,237.50 $262.50 $97.54 Vendor HWN ( Paid Town Board Hold NYCDEP Town of Wappinger Page 27 Printed 711412016 Regular Meeting Minutes June 27, 2016 Central Hudson 1,599.63 Scott Volkman 3,045.00 N & S Supply 8.05 NYS Emp H/I Premium 12,656.09 Lawrence Paggi 343.75 Al Roberts 5,019.87 Al Roberts 157.50 Al Roberts 24,104.90 Al Roberts 1,190.00 Al Roberts 315.00 Al Roberts 3,430.00 Al Roberts 5,162.97 Al Roberts 87.50 Al Roberts 192.50 192.50 Al Roberts 262.50 Graham Foster 137.40 Thalle Ind 155.06 Hyzer Tools SnapOn 104.25 Hillman Signs 147.00 PERMA 5,790.00 Staples 199.95 EM Star Ambulance 32,916.00 Optimum 34.95 Mackey Butts & 630.00 Wise Mackey Butts & 35.00 Wise Mackey Butts & 322.50 Wise Mackey Butts & Wise 1,417.50 Mackey Butts & 455.00 Wise Mackey Butts & Wise 1,426.25 C&C Hydraulics 209.08 CDW 22.00 Town of Wappinger Page 28 Printed 711412016 Regular Meeting Minutes June 27, 2016 R. Costa Electric 479.80 R. Costa Electric 135.00 R. Costa Electric 805.92 Amazon 28.22 Amazon 118.49 Joe Johnson Equip 3,205.37 John Weber 150.00 Craig Chatlos 209.98 Tota 1 $192.50 $0.00 $106,552.48 $157.50 $106,709.98 $106,709.98 The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-203 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ DefeatedWilliam H.Beale Voter Q ❑ ❑ ❑ ........ ...... ....... ....I.... ....... .. .. ....... ....... ....... ..... ❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton S11 econder Q ❑ ❑ ❑ ... .. Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2016 The Resolution is hereby duly declared Adopted. XI. Items for Special Consideration/New Business 1. Motion To: Hiring Thomas Bahr In the Assesors Office at $17.15 per hour Starting July 5th Residence: 156 Sunset Drive Wappingers Falls, from Budget Line A1355.0103, with title'Real Property Data Lister'. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz RESOLUTION: 2016-204 Resolution Introducing Local Law No. 4 Of The Year 2016, "2016 Amendments To Fee And Fine Schedules Of The Town Of Wappinger." WHEREAS,the Town of Wappinger has enacted schedules fees and fines by Local Law; and Town of Wappinger Page 29 Printed 711412016 Regular Meeting Minutes June 27, 2016 WHEREAS,the amount of the fees and fines must be reviewed periodically; and WHEREAS, the Town Board has determined that certain amendments to the fees and fines should be made by adoption of a Local Law; and WHEREAS, this is a Type II action pursuant to 6 NYCRR § 617.5 (c) (20) and is exempt from environmental review pursuant to the New York State Environmental Quality Review Act("SEQRA"). NOW, THEREFORE, BE IT RESOLVED: I. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No.4 of the Year 2016 entitled "2016 Amendments to Fee and Fine Schedules of the Town of Wappinger." in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing on the adoption of the Proposed Local Law to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 8th day of August, 2016, at 7:30 p.m. 4. The Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The question of the foregoing Resolution was put to a vote on roll call, which resulted as follows: The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-204 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 Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2016 The Resolution is hereby duly declared Adopted. 3. Motion To: Speed Study for Diddle Road Councilman Kuzmicz asked for a speed study on Diddell Road and asked Engineer Gray to start the process. Bob Gray promised a proposal. The study would include the section from Diddell and Smith Crossing to the Town Line. It was confirmed that Bob Gray would start the process and the town board will decide whether Planner David Stolman would need to be involved. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 30 Printed 711412016 Regular Meeting Minutes June 27, 2016 4. Vendors at Parks Councilman Beale addressed the licensing and permitting of vendors at the summer concert events. Councilman Beale asked for an official process for an authorized vendor to just show up at a town event. Director Fulton said that they do check and do not turn people away who ask for permission to serve as a vendor at the park's events. She said that all they need to do is send a request to the town board. Councilman Beale asked if a fee is charged to a vendor to set up at the summer concerts. Attorney Roberts suggested a resolution outlining the rules. XII. Executive Session - Buildings and Grounds Personnel & Legal Advice 1. Motion To: Enter Executive Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Return From Executive Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 3. Motion To: Move $3,200 to pay remainder of Martz Field Playground Installation from the Parkland Trust ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 4. Motion To: Authorize a revised settlemenet per discussion in Executive Session for 105 Old Hopewell Rd Parcel owner Caputo In relation to the easement acquisition relative to the DEP project. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz RESOLUTION: 2016-205 Town of Wappinger Page 31 Printed 711412016 Regular Meeting Minutes June 27, 2016 Resolution Authorizing Appointment of Independent Investigator WHEREAS, a Town of Wappinger Highway Department employee filed a Workplace Violence Incident Report/Harassment Report("Report")with the Town Supervisor on June 23, 2016 alleging workplace violence incidents under the New York State Workplace Violence Prevention Act; and WHEREAS, as all allegations in the Report are made against the Town Highway Superintendent, an elected official, it would be inappropriate for Town Supervisor Lori Jiava,the Town's Workplace Violence Prevention Officer, to investigate said Report; and WHEREAS, the Town Board of the Town of Wappinger desires to hire an independent attorney to investigate and make any recommendations as needed with respect to the Report; and WHEREAS, the Town Board is satisfied that,upon recommendation from the Town's labor and employment counsel, and based upon the Town Board's prior experience, Kenneth Bernstein, Esq. is qualified to undertake the investigation; and WHEREAS, the Town Board desires to appoint Mr.Bernstein to undertake the investigation. NOW, THEREFORE,BE IT RESOLVED, that Kenneth Bernstein, Esq., 186 Roosevelt Road, Hyde Park,New York,is appointed to undertake an investigation of the Report and to make any recommendations he deems necessary in connection with his findings and conclusions; and BE IT FURTHER RESOLVED, Mr. Bernstein shall be compensated at the rate of 5175.00 per hour,including all travel time, for his services in connection with this appointment; and BE IT FURTHER RESOLVED, the Town Board agrees that the Town of Wappinger will defend and indemnify Mr. Bernstein for claim or action brought against him in connection with the services he undertakes pursuant to this appointment; and BE IT FURTHER RESOLVED, that the Town Supervisor is authorized to execute to sign any documents in connection with the actions approved by this Resolution. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-205 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 Voter Q ❑ ❑ ❑ ........................ . ............. ................. ....... ........ ................ ....... ❑ Withdrawn John J.Fenton Seconder Q ❑ 0 0 .. Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 27, 2016 The Resolution is hereby duly declared Adopted. XIII. Adjournment Motion To: Wappinger Adjournment& Signature The meeting adjourned at 10:12 PM. Joseph P. Paoloni Town Clerk Town of Wappinger Page 32 Printed 711412016 Regular Meeting Minutes June 27, 2016 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 33 Printed 711412016 cD m cD m CO icoo00o N N N N N r- ti ti ti N N N N N C CO CD CO CD CO Cn Cm N i (6 Cu r L U N d � N OU L CO j NCL Co N >,O �O C 'II CiS (U >, Q j ® C O C O 7 > ® O 0 O U �A Q� Q \i/ N m O 0 r _ 2 2 a ® CO CD CO CD CO O CL V r r r r r CNy O O O O O N N N N N � N N N M M r, N N N N N O 0 CO O CO CO CO ® (D CD CD Cfl CD r r r r r r i O O O O O CDe �G O N N N N N r +r CN 0 N — r - N CDCM p� 0 O - O - e LLJ d/ CM CD o CL e '- O C 0 W � "6 L a) Co 0 C L LL O O (U m L4 C U O C: m P ' Q CO m �+ O C m Cu N RS -i C: d U m m O Cu I- 0 o O o m m m m O — O O O s. d r N M d' Lo 0 0 0 0 0 E 0 0 0 0 0 � � ti ti ti ti Z N N N N N 0 0 0 0 0 Packet Pg. 34 TOWN OF.LAPP 4 0 REC:21VER,3F TAXES TOWN SOAR 5.1.a Lee Anne Freno William H.Beale 20 MIDDLEBUSH ROAD '/- . �; William Ciccarelli WAPPINGERS FALLS,NY 12590 `'• Cohn Fenton WWW.TOWNOFWAPPINGER.US MichaeI Kuzmicz (845)297-4158-Main _ t (845)297-4342-Direct i TOWN CLERK (845)298-I478-Fae Joseph P.Paoloni SUPERVISOR -- HIGHWAY SUPERINTENDENT Lori JiavaVincent Bettina Office of the Receiver ®f'Taxes p June 22, 2016 � C�j�O V LSD ra JUN 222016 TO THE TOWN BOARD: Lori Jiava, Supervisor TOWN OF VVAPPINGER William Beale, Councilman TOWN CLERK Michael Kuzmicz, Councilman William Ciccarelli. Councilman John Fenton, Councilman cmcoe REPORT OF WATER AND SEINER PAYMENTS e DATE AMOUNT RECEIVED # OF TRANSACTIONS PROCESSED January 2016 $274,333.48 1537 February 2016 $334,211.43 1562 March 2016 $137,688.09 733 April 2016 $568,279.73 1601 May y 2016 $333,849.44 . 1568 Submitted by: LEE ANNE FRENO, RECEIVER OF TAXES Packet Pg. 35 JANUARY 2016 WATER SEWER RECEIPTS !, A B C D E F 1DATE 1 _ AMOUNT 1#OF TRANSACTIONS 2 ! ;RECEIVED 1 !PROCESSED _ 4 1/29/20161 $ 32,637.48 861 5 1/28/2016 $ 15,077.84 117 6 1/27/2016 1 $ 11,609.30 90 7 1/26/2016 $ 427.21 j 4 8 1/27/2016 $ 16,173.83 100 9 1/25/2016 $ 9,744.22 45 _ P 10 1/22/2016 $ 12,889.09 j 871 — 11 1/22/2016 $ 12,718.82 1091 12 1/22/20161 $ 13,611.85 78 13 1/22/2016; 1 $ 844.40 5I 14 1/20/20161 $ 872.86 1 6I ' 15 1/20/2016 $ 17,530.73 871 I 16 1/20/2016 $ 14,824.97 78 17 1/19/2016 $ 115.66 1 _ 18 1/15/2016 $ 5,022.74 32' CL 19 1/15/2016 $ 1,038.49 5 20 1/15/2016 $ 10,119.18 i ( 611 21 1/14/2016 $ 10,560.30 1 51 22 1/12/2016 $ 710.68 4 e 23 1/12/2016 $ 22,733.09 128 24 1/11/2016 $ 655.94 4 04 Co 25 1/11/2016 $ 17,623.68 96 26 1/8/2016 $ 217.93 1 27 1/8/2016 j $ 12,487.13 721 04 28 1/6/2016 $ 7,943.64 44� > 29 1/6/20161 $ 737.32 1 4' 30 1/5/20161 1 $ 14,345.61 1 82 31 1/5/2016' $ 11,059.49 60 32 TOTAL $ 274,333.48 j 1537 c� Packet Pg. 36 FEBRUARY 2016 r WATER/SEWER RECEIPTS A B C D E F 1 DATE AMOEINT I#OF TRANSACTIONS 2 RECEIVED �_ PROCESSED 3 I ! ! 4 2/23/2016 ; $ 291.43 31 5 2/23/2016 $ 669.32 41 6 2/22/2016 ---I $ 4,092.21 39 j 7 2/22/2016 $ 6,748.91 I 481 8 2/22/2016, $ 7,056.22 ! 361 9 2/19/2016 $ 5,724.31 F 34, _.. 10 ._2/19/2016 $ - 2,419.28 _ _ 30-1-- 11 2/17/2016 $ 4,837.14 47' 12 2/18/2016 $ 3,679.57 ! 25 13 2/17/2016 $ 7,689.25 38 14 2/17/2016 $ 9,238.24 1 48 ' 15 2/16/2016 $ 4,834.31 1 49 16 2/16/2016 $ 9,668.05 53 17 2/16/2016 $ 12,578.58 79 18 2/16/2016 $ 15,512.35 83 j CL 19 2/12/2016 $ 9,669.66 j 421 20 2/12/2016 $ 1,021.75 81 21 2/11/2016 $ 14,348.23 106 22 2/10/2016 $ 250.78 2 23 2/10/2016 $ 32,251.28 881 24 2/10/20161 $ 842.561 6 04 Co 25 2/9/2016 $ 21,581.721 851 26 2/8/2016 $ 27,095.14 1041 27 2/8/20161 $ 514.68 5 04 28 2/5/20161 1 $ 16,605.52 76, 29 2/5/20161 1 $ 1,361.81 ! 81 0 30 2/4/2016 $ 17,361.91 761 31 2/4/2016 $ 42,001.35 681 32 2/3/2016 $ 5,486.38 49 33 2/3/20161 $ 6,999.99 411 34 2/3/20161 $ 1,193.28 91- 35 2/2/2016 $ 30,366.49 92' I I I 36 2/1/2016 $ 1,117.92 71 -- 37 2/1/20161 $ 9,101.81 741 38 TOTAL $ 334,211.43 15621 Packet Pg. 37 MARCH 2016 WATER/SEWER RECEIPTS A j B C D I E I F 1 DATE __AMOUNT j#OF TRANSACTIONS 2 ( RECEIVED 1 PROCESSED 3 �- 4 3/31/2016 $ 29,529.80 108 5 3/31/2016 j $ 22,176.01 125 6 3/31/2016 $ 18,967.18 95 7 3/21/2016 $ 1,495.29 9 8 3/21/2016 $ 946.53 6 9 3/21/2016 j $ 16,975.07 93 _ e 10 3/18/2016 12,447.95 70 11 3/18/2016 $ 15,585.82 83 12 3/8/2016 $ 796.83 4 j 13 3/7/2016 I $ 18,767.61 140 14 ITOTAL I $ 137,688.09 733cm ' CL i ui cm e e i Packet Pg. 38 APRIL 2016 WATER/SEWER RECEIPTS A B C D E I F 1 DATE (AMOUNT 1#OF TRANSACTIONS 2 RECEIVED PROCESSED 3 4/29/20161 1 $ 6,655.88 1 T 50 4 4/29/20161 $ 584.34 41 5 4/29/2016 $ 18,763.38 85 6 4/29/2016 $ 28,835.66 791 7 4/27/2016 ( $ 831.12 j 5 8 4/26/2016 $ 111,841.99 i 91; 9 4/26/2016 $ 53,552.31 114 !L 10 4/25/2016 $-- 193.71 _ 1- 11 4/25/20161 $ 147,188.89 j 100 12 4/22/2016 ; $ 612.15 3 13 4/22/2016 ; $ 25,450.18 1181 14 4/21/2016 $ 7,241.04 66; 15 4/21/2016 $ 13,511.37 83 16 4/20/2016 $ 29,298.44 1 1451 17 4/20/20161 1 $ 642.73 I 5 18 4/19/2016 $ 653.62 4 CL 19 4/15/2016 $ 345.88 2 20 4/15/2016 $ 9,616.71 j 541 0 21 4/15/2016 $ 4,712.52 32 22 4/14/2016 $ 16,755.83 93 23 4/13/20161 $ 9,338.53 51 24 4/13/2016 $ 1,085.02 6 j04 Co 25 4/12/2016 $ 10,043.58 521 26 4/12/2016 $ 1,945.43 9 27 4/11/2016 $ 30,207.42 1591 04 28 4/11/20161 1 $ 22,445.04 1111 29 4/11/20161 1 $ 913.20 5 30 4/4/2016 j $ 568.71 3 31 4/4/20161 1 $ 13,414.33 711 32 4/1/2016 j $ 1,030.72 j 16011 33 TOTAL $ 568,279.73 16011 E Packet Pg. 39 2� TOWN OF WAPPINGER PLANNING BOARD DISTRIBUTION X SITE PLAN/ X SPECIAL USE PERMIT SIGNED RESOLUTION & PLAN P PROJECT TITLE: Hudson Valley Volvo June 8, 2016 . DISTRIBUTED FOR YOUR RECORDS RESOLUTION WITH APPROVED PLANS: 6 COPIES X TOWN FILE X TOWN ENGINEER cm X BUILDING INSPECTOR (o �nCo X FIRE INSPECTOR X HIGHWAY SUPERINTENDENT cm X APPLICANT JUN 2 2 2016 TOWN OF WAPPINGER RESOLUTION ONLY: TOWN CLERK j X TOWN CLERK (ORIGINAL) X RESOLUTION FILE X FIRE PREVENTION BUREAU X TOWN ATTORNEY X TOWN BOARD X TOWN SUPERVISOR X —TOWN ASSESSOR X APPLICANT'S ENGINEER/ARCHITECT RECREATION DC DEPT. OF PLANNING DC DEPT. OF PUBLIC WORKS (COUNTY ROAD) _DEPT. OF TRANSPORTATION (STATE ROAD) VILLAGE OR TOWN Packet Pg.40 5.1.a Beatrice Ogunti From: David Stolman <DStolman f clark.com> r'� Sent: Monday, April 25, 2016 11:37 AM r To: Beatrice Ogunti APR 18 2016 Cc: Barbara Roberti Subject: Hudson Valley Volvo Attachments: Hudson Volvo 857 amended SDP revised prn.dhs.pdf PLANNING �E�� TOWN OF WA?PINGERCER Dear Bea - Attached is the final version of the resolution which the Planning Board approved last week. If you have any questions, please let me know. Thanks. Best regards, David David H. Stolman,AICP, PP, President FREDERICK P. CLARK ASSOCIATES, INC. j Planning,Transportation, Environment and Development CL 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 (845) 297-6056 Fax(914) 967-6615 (516) 364-4544 (203) 255-3100 www.FPCIark.com e cm Ui cm e e i II 1 Packet Pg.41 APR 18 2016 PLANNING DEPARTMENT TOWN OF WAPPINGER 4./18/16 RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: HUDSON VALLEY VOLVO — RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN AND SPECIAL USE PERMIT APPROVALS — At a regular meeting of the Planning Board-of the Town of Wappinger, Dutchess---- County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls,New York on the 4th day of April 2016 at 7:00 P.M. The meeting was called to order by the Chairman Robert L. Valdati and the Planning Board member attendance was as follows: Robert L. Valdati PRFSF.NT Angela Bettina PRESENT CL Bruce M. Flower PRESENT Francis Malafronte PRESENT Ralph Marinaccio PRESENT Carlo Pesce PRESENT June Visconti PRESENT cm !, The following resolution was moved by June Visconti and seconded co UJ by Angela Bettina cm WHEREAS, the Town of Wappinger Planning Board received the application of HVA Realty, LLC (the "Applicant" and "Owner") to construct a 108-square foot entry portal on the front of the building, a 440-square foot building addition to an existing service drop-off area, a gravel parking area, and to install additional landscaping (the "Project" or"Proposed Action"); and WHEREAS, the subject property is known as tax lot 135689-6157-04-690127 on the Town of Wappinger Tax Assessment Maps and is located at 1148-1152 Route 9 within the Highway Business (HB) zoning district (the "Subject Property" or"Site"); and WHEREAS, the Applicant has submitted an Application for Amended Site Plan Approval dated 2/25/16; an Application for Special Use Permit dated 2/25/16; a Full Environmental Assessment Form (Part I and II) dated 2/28/16; a drawing generally entitled "Planting Plan," prepared by Sanok Design Group dated 2/24/16; a drawing generally entitled "Proposed Elevations," prepared by Claris Construction, Inc. dated 2/22/16; and the following plans generally entitled "Hudson Valley Volvo," prepared by M.A. Day Engineering, PC dated 1/29/16: 1. Sheet TS.1, "Title Sheet;" Packet Pg.42 5.1.a HUDSON VALLEY VOLVO RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN AND SPECIAL USE PERMIT APPROVALS 2. Sheet EC.1, "Existing Conditions;" 3. Sheet SP.1, "Site Plan;" and WHEREAS, the Project was referred to the New York State Department of Transportation who, in a email dated 3/15/16, stated that onsite improvements will have very little, if any, impacts to the State highway system, but landscape work depicted within the State highway boundary, will require approval, through the highway work permitting process; and WHEREAS, the Proposed Action was referred to Dutchess County Department of Planning and Development who, in a response dated 3/18/16, deemed the Proposed Action a matter of local concern and had no further comments at that time; and iven due consideration to the comments of WHEREAS, the Planning Board has g M the DCDPD; and M CL WHEREAS, the Planning Board determined that the Proposed Action is a Type II action with respect to the New York State Environmental Quality Review Act (SEQRA) in er Environmental Quality Review (WEQR) law and requires no and the Town of Wa Q y ( Q ) q PP g further review to identify any potential environmental impacts; and e WHEREAS, on 4/4/16 the Planning Board held a public hearing on the Project atCM which time all those interested were given an opportunity to be heard; and 0° UJ WHEREAS, the Planning Board is familiar with the Site and all aspects of the CM Project and is satisfied that the Project will comply with the Zoning Law including the Site Development Plan, Parking and Performance standards of Articles IX, X, and XI respectively of the Zoning Law as well as other applicable laws and regulations subject to the conditions below. M NOW, THEREFORE,BE IT RESOLVED,AS FOLLOWS: 1. The Planning Board hereby adopts and incorporates as findings and determinations !i the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Planning Board hereby adopts this Resolution of Amended Site Development Plan and Special Use Permit Approvals to construct a 108-square foot entry portal on the front of the building, a 440-square foot building addition to an existing service drop-off area, a gravel parking area, and to install additional landscaping on the property, as described above and as shown on the above listed drawings, in accordance with the provisions of Articles IX through XI of the Zoning Law subject to the following conditions: 2 Packet Pg.43 5.1.a HUDSON VALLEY VOLVO RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN AND SPECIAL USE PERMIT APPROVALS a. The following shall be fulfilled prior to the Planning Board Chairman endorsing the Amended Site Development Plan: (1) The Planning Board Chairman shall endorse a copy of this resolution certifying its correctness. After it has been initially endorsed by the Chairman, the Owner and Applicant shall also sign a copy of this resolution acknowledging receipt of the resolution, and shall submit — -- the signed copy to the Zoning Administrator for filing. Y-(2) The above specified Owner of the Subject Property shall submit a copy of the current deed to prove its ownership of said property. (3) The Applicant shall submit a statement signed by the Town's Tax p Collector that all taxes due on the Subject Property have been paid in full. CL The Applicant shall provide a copy of the approval from the NYSDOT for a highway work permit, if applicable. (5) The Applicant shall comply with the following items subject to the review and approval of the Town Engineer: cm a. The Applicant shall clearly show all proposed work on the site co UJ plan, and differentiate between work that has been previously approved and what is part of the proposed amendment. cm° b. If there are any changes to ground cover or changes to drainage conditions as a result of the proposed site changes, erosion controls and a drainage analysis shall be submitted. (6) The Applicant shall comply with the following items subject to the F review and approval of the Town Planner: it f The Applicant shall provide elevations of the proposed entry�' portal and building addition that specify the proposed dimensions, materials, colors, building-mounted signage and illumination. Spirea japonica shall be removed from the proposed plantings list and be replaced by a non-invasive species. The landscape plan shall bear the following note: "All vegetation shown on this plan shall be maintained in a healthy and vigorous growing condition 3 Packet Pg.44 5.1.a HUDSON VALLEY VOLVO RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN AND SPECIAL USE PERMIT APPROVALS throughout the duration of the proposed use of the site. All vegetation not so maintained shall be replaced with new comparable vegetation at the beginning of the next growing season." d��C. The Applicant shall add a note to the site plan stating that there shall be only one (1) illuminated freestanding sign and one (1) illuminated building mounted sign--on the property, and-s-aid signs shall only be illuminated during business hours. d. The Applicant shall show the orientation of display vehicles along the Sites frontage on the site plan. "- When all of the sub-conditions set forth in Condition 2.a above have been satisfied, six (6) sets of the above referenced plans, revised as necessary, shall be submitted for endorsement by the Planning Board Chairman, CL certifying that the plans comply with the terms of this resolution, at which time, the Chairman shall also endorse this resolution in the space provided below, certifying that the Applicant has complied with said conditions of approval and that the issuance of a Building Permit is authorized for the improvements set forth in this Project. One (1) set of the endorsed plans will be returned to the Applicant, one (1) UJ set will be retained by the Planning Board, and one (1) set each will provided to the Town Building Inspector, Town Engineer, Town Highway CM Superintendent and Town Fire Inspector. b. The following conditions shall be satisfied prior to the issuance of a Certificate of Occupancy: (1) The Applicant shall fulfill all of the conditions of, and shall complete all improvements required in accordance with this Resolution of Amended Site Development Plan and Special Use Permit Approvals. (2) The Fire Prevention Bureau and the Fire Inspector shall inspect the premises, and evidence of their satisfaction shall be submitted to the Town Zoning Administrator. (3) Certified "as-built" drawing(s) shall be submitted to the Town Zoning Administrator. 3. In accordance with the Town's Schedule of Fees, the Applicant shall be responsible for the payment of all application review fees incurred by the Planning Board in the review of this Project which are in excess of the application review fees paid by the 4 Packet Pg.45 5.1.a HUDSON VALLEY VOLVO RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN AND SPECIAL USE PERNHT APPROVALS Applicant to-date. Such fees shall be paid within thirty(30) days of the notification to the Applicant that such fees are due. If such fees are not paid within this thirty (30) day period and an extension therefore has not been granted by the Planning Board, this Resolution shall be rendered null and void. Refunds of any remaining funds within the escrow account for the applications will only made in accordance with the provisions of Chapter 240 Attachment 6:1, Planning and Zoning Departments Fees and Escrow Funds. 4. In accordance with Article IX of the Zoning Law, unless otherwise extended by the Planning Board for good cause shown, this Amended Site Development Plan Approval shall expire and become void one (1) year from the date of the adoption of this Resolution if an application for a Building Permit has not been made, or three(3) 0 years from the date of the adoption of this Resolution if construction in conformance Plan has not been completed, if the construction with thea roved Site Development P p � PP P is not prosecuted with reasonable diligence, or if the premises has been substantially vacant or inactive for more than three (3)years. An application for extension of Site Development Plan Approval shall be made by the Applicant to the Planning Board prior to the expiration of the specific time period sought to be extended. The Planning Board may extend all time limits for good cause shown, if the Board deems such extension warranted. CM 5. In accordance with Article VII of the Zoning Law, unless otherwise extended by the co UJ Planning Board for good cause shown, this Special Use Permit Approval shall expire and become void if the approved use of the Site shall cease for more than one (1) CM year for any reason, if Site Development Plan Approval expires, or if all required improvements are not maintained and all conditions and standards complied with throughout the duration of the approved use. 6. No Building Permit or Certificate of Occupancy shall be issued for the Project except in accordance with the approved site development plan. No further modifications to the Site shall be made without prior approval of the Planning Board. The Applicant must return for approval from the Planning Board if any changes to the endorsed plans and/or this resolution of approval are desired. 7. The continued validity of any Building Permit or Certificate of Occupancy issued in accordance with this Amended Site Development Plan and Special Permit Approvals shall be subject to continued conformance with such Amended Site Development Plan and Special Use Permit Approvals. 8. Except as specifically modified herein, the prior resolutions of approval and any amendments thereto for the Subject Property previously adopted by the Planning Board shall remain valid and in full force and effect. 5 Packet Pg.46 HUDSON VALLEY VOLVO RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN AND SPECIAL USE PERMIT APPROVALS The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Robert L. Valdati AYE Angela Bettina AYE Bruce M. Flower AYE Francis Malafronte AYE _ Ralph Marinaccio AYE — - Carlo Pesce " AYE June Visconti AYE The resolution is hereby duly declared adopted. Dated: April 4 , 2016 Wappingers Falls,New York CL � L...__ Robert L. Valdati, Chairman Date Town of Wappin P ing Board e 04 e HVA Rda"Ity, LLC Date Applicant and Owner CM e The following endorsement hereby confirms that the Applicant has fulfilled all of the items in Condition 2.a of this resolution and that the above mentioned plans may be endorsed by the Planning Board Chairman. I Angela Bettina, Acting Chaiman Date Town of Wappinger Planning Board JAD0CS21500\Wappinger\Hudson Volvo 857 amended SDP pm.CLC.docx 6 Packet Pg.47 0 TOWN OF WAPPINGER TOWN JUSTICE • S TOWN JUSTICE HEATHER L.KITCHEN \� CARL S.WOLFSON JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-6070 • (845)297-0145 -- FAX:(845)297-0145 COURT HOURS: June 21,2016 Tuesday 5:30 P.M. v 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. JUN 2 2 2016 Supervisor Jiava and Members of the Town Board Town of Wappinger Town Hall TOWN OF WAppjNGER 20 Middlebush Road -TOWN CLERK Wappingers,NY 12590 CL V) 2 L- Re: Carl S. Wolfson, Town Justice Report for the month of May, 2016: Dear Supervisor Jiava and Members of the Town Board; e The following is a report of the cases disposed of during the month of May, 2016; cm 13 Penal Law matters resulting in$200.00 collected in fines and fees. co 345 Vehicle and Traffic Law matters resulting in $33,459.00 collected in fines and fees. cm 2 Civil matters resulting in $88.00 collected in fees. 3 Town Ordinance matters resulting in$50.00 collected in fines. 2 ENCON Law matters resulting in$200.00 collected in fines. 2 NYCRR matters resulting in$200.00 collected in fines. 21 Termination of Suspension fees resulting in$1,470.00 collected. I have forwarded a check in the amount of$35,667.00 to the Town of Wappinger Comptroller. Additionally, I am holding $31.992.50 in pending bail. Respectfully submitted, _ Car olfson, Town Justice cc: Joseph Paoloni, Town Clerk Packet Pg.48 Planning Board & Zoning Board of Appeals Bea O unti MONTHLY REPORT JUN 2 3 2016 DATE: June 6, 2016 WAPPINGER TOWN OF FOR THE MONTH OF May 2016 ''�- � F Month Total Yedrgd"djt9LERK ZONING BOARD FEES COLLECTED Zoning Board Variance Applications $ 750.00 $ 3,250.00 Zoning Board Use Applications $ -0- $ =O- Foils 0-Foils $ -0- $ -0- ZBA TOTAL: $ 750.00 $ 3,250.00 CL PLANNINB BOARD FEES COLLECTED Planning Board Subdivision Applications $ -0- $ -0- Planning Board Site Plans Applications $ -0- $18,422.50 Planning Special Use Permits $ -0- $ 1,000.00 Planning Board Conceptual Applications $ 250.00 $ 750.00 cm co Planning Board Architectual Applications $ -0- $ 150.00 Foils $ -0- cm Subdivision Regulations Books $ -0- $ -0- PB TOTAL: $ 250.00 $20,322.50 ZONING BOARD MONTHLY TOTAL $ 750.00 $ 3,250.00 PLANNING BOARD MONTHLY TOTAL $ 250.00 $ 250.00 TOTAL: $ 1,250.00 $ 3,500.00 RECREATION FEES COLLECTED TOTAL: $ -0- $ -0- PROJECTS BEFORE THE BOARD Zoning Board of Appeals No. 13 Planning Board No. 26 Packet Pg.49 5.1.a -2- Month Total Year-to-date ROAD INSPECTION ESCROW RECEIVED $ -0- $ -0- TOTAL: $ -0- $ -0- PROJECT ESCROW RECEIVED May TOTAL: $ -0- $29,250.00 CL aL cm ui 04 i e cc: Town Board Town Clerk i Packet Pg. 50 �I TOWN OF WAPPINGER ZONING ADMINISTRATOR SUPERVISOR Barbara Roberti - Ext.128 Lori Jiava PLANNING BOARD&ZONING BOARD OF APPEALS SECRETARY t- l� TOWN BOARD Bea Ogunti-Ext 122 1r William H.Beale William Ciccarelli _-- John Fenton ZONING DEPARTMENT Michael Kuzmicz 20 MIDDLEBUSH ROAD WAPPINGERS FALLS,NY 12590 (845)297-1373 Ext.2 Fax(845)297-0579 www.townofwappinger.us MEMORANDUM 0 To: Lori Jiava Town Board Members Town Clerk From: Barbara Roberti, Zoning Administrator cm Date: June 22, 2016 Re: Chapter 185 —Property Maintenance Public Hearing on �- July 27, 2016 cm Monday, July 27, 2016 the following properties are before the town board for Chapter 185, Property Maintenance violations of high grass. These three properties have been posted on their front door and a violation notice has been sent certified, return receipt. M Please post these addresses on the website and on our community board out front. 1. 2 Fowlerhouse Road 2. 43 Middlebush Road F IE�W F D 3. 280 Old Hopewell Road JUN 2 3 2016 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 51 ,. •, 5.1.a TOWN OF WAPPINGER .k PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE NOTICE OF VIOLATION & ORDER TO REMEDY HIGH GRASS & WEEDS TO: BATE:June 21,2016 COMPLAINT#: 2016- 1002 TAX PARCEL ID: 6157-04-572348 OWNER(S) OF RECORD: Jeffrey&,Judith DeFrance PROPERTY ADDRESS: 2 Fowlerhouse Road MAILING ADDRESS: 2 Fowlerhouse Road } MORTGAGEE/LIENHOLDER OF RECORD: Select Portfolio Services MORTGAGEE/LIENHOLDER MAILING ADDRESS: 3815 SW Temple,Salt Lake City,UT 84165 PLEASE TAKE NOTICE that§ 185-3(C) of the Town of Wappinger Code provides that: CL All landscaping facilities and plantings,whenever exposed to public view, shall be maintained so that lawns, hedges, shrubbery, ornamental bushes and trees shall be kept pruned and trimmed and free from becoming overgrown and unsightly. Yards shall be maintained so that grasses and weeds shall not exceed 10 inches in height. e On June 21, 2016 at 12:00 p.m., the Zoning Administrator ("Enforcement Official") of the Town of cm Wappinger inspected your Property and determined that grasses and/or weeds on the Property exceed co ten(10) inches in height and the property is unsightly in violation of S 185-3(C). The grasses and/or weeds on the Property must be mowed or trimmed below ten (10) inches in height on cm or before seven days from the date of this order,that is June 27,2016. s The Town Board of the Town of Wappinger will hold a hearing on June 27,2016 at 7:30 p.m., or soon thereafter that the hearing can take place, at the Town of Wappinger Town Hall located at 20 Middlebush Road, Wappingers Falls, New York 12590, to determine whether the Property is in compliance with the zi standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town Code). The owner, lessee, tenant, occupant or other person having charge of the Property has an opportunity to appear and be heard at said public hearing to offer proof that the property is in compliance with the standards of Chapter 185 or that additional time is needed to take corrective action to cure the violation. PLEASE TAKE NOTE THAT if the Property owner, lessee, tenant, occupant or other person having charge of any premises does not comply with this Order to Remedy, the Town of Wappinger intends to enter onto the property, take corrective action, and assess the costs of the corrective action as a lien against the property and levy such lien on the Town tax bill if not paid. If the grasses and/or weeds on the property have been cut and the Property is brought into compliance,please notify the Town of Wappinger Code Enforcement Department at(845) 297-6256 to halt further proceedings. BARBARA ROBERTI ZONING ADMINISTRATOR/ ENFORCEMENT OFFICIAL Packet Pg. 52 5.1.a TOWN OF WAPPINGE ik PROPERTY MAINTENANCE LAW 11� - CHAPTER 185 OF TOWN CODE NOTICE OF VIOLATION & ORDER TO REMEE 'a, HIGH GRASS & WEEDS Picture Taken By TO: BarbaDM erjirne 21,2016 COMPLAINT#-:2416-1002 TA:KP_A:RCEL ID: 6157-04-57234,9 JUN 21 2016 OWNER(S) OF RECORD: je£frey&Judith DeFrance PROPER-1Y ADDRESS: 2 Eowlerhohse Road Zoning Administrator IVIAHJNG ADDRESS: 2 Fowlerhouse Road Time: MORTGAGEE/LIENHOLDER OF RECORD:Select Portfolio Services MORTGAGEE/.LIENHOLDER Iv1ALLiNG ADDRESS:381.5 SCk%Temple,Salt Lake City,UT 84165 ° II PLEASE TAKE NOTICE tbat 5185-3(C)of the Town of Wappiager Code provides that co Uj `All landscaping facilities and plantings,whenever exposed to public view,shalt be maintained so that lawns, hedges, shrubbery,.ornamental bushes and trees shall be kept pruned and trimmed and free from becoming overgrown and unsightly.Wards shall be maintained so ° that grasses and weeds shall not exceed 10 inches in height On June 21, 2016 at 12:00 p.m., the Zoning Administrator ("Enforcement Official") of the Tow Wappinger inspected your Property and determined that grasses and/or weeds on the Property exi ten(10)inches in height and the property is unsightly in violation of S 185-3(C): The grasses-and/or weeds on the Pro must be mowed or ttimtned below ten 10 inches in h ' i p� ( ) or before seven da from the date of this s order,that is une 27 2016. � � � o The Town Board of the Town of Wappinger will hold a hearing on June 27,2016 at 7:30 p.m.,or as ! thereafter that the hearing can take place,at the Town of Wappinger Town Hall located at 20 Middlel Road,Wappingers Falls, New York 12590, to determine whether the Property is in compliance wid standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town G The owner, Iessee, tenant, occupant or other person having charge of the Property ha: opportunity to appear and be heard at said public hearing to offer proof that the property i compliance with the standards of Chapter 185 or that additional time is needed to take correc action to cure the violation. PLEASE TAKE NOTE THAT if the Property owner, lessee, tenant, occupant or other person ha charge of any premises does not comply with this Order to Remedy, the Town of Wappinger intend enter onto the property,take corrective action,and assess the costs of the corrective action as a lien ag. the property and levy such lien on the Town tax bill if not paid. If the grasses and/or weeds on the property have been cut and the Property is brought compliance,please notify the Town of Wappinger Code Enforcement Department at(845)297-E to halt further proceedings. BARBARA ROBERTI ZONING ADMINISTRATOR/ENFORCEMENT OFFICIAL Packet Pg. 53 5.1.a CL f 8 k 1 x �. ¢ i fffddd .� n, {IFIFIF]]] y t� Ri i pr :*•: A` ff 5- '!t d ! z r Ell Ei NCM e mM LLJ = > CLy � s -i cue i i 3CD 7777t: `:' hs r'•wrx3 ' ✓,wr a sav rkw m $ rt `' Packet Pg. 54 Pt .a � � ��1�k�`'�`� v' ��,.'r. '�r N:. .�'�''i.W � F.,��•s�'*"r �Tt 'S t< µtS •+sru. 'moi. ..�, �c't,�+'.��-�' �y�" �. 4, O �„^�t �.,�`, �L.. �'' � A -'�T�?,.. x�1. 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'� �. w � _ TOWNF WAPP ® INGER PROPERTY O ERTY MAINTENANCE L.AW CFIAPTER. 185 OF TOWN CODE NOTICE OF VIOLATION & ORDER TO REMEDY HIGH CRASS & WEEDS TO: DATE:June 21,2016 COMPLAINT#: 2016- 1001 TAX PARCEL ID: 6157-01-475875 OWNER(S) OF RECORD: Richard&Lisa Mosher PROPERTY ADDRESS: 43 Middlebush Road MAILING ADDRESS: 43 Middlebush Road MORTGAGEE/LIENHOLDER OF RECORD:Bank of America MORTGAGEE/LIENHOLDER MAILING ADDRESS: 201 E.Main Street,Louisville,KY 40206 PLEASE TAKE NOTICE that § 185-3(C) of the Town of Wappinger Code provides that: All landscaping facilities and plantings,whenever exposed to public view, shall be maintained so that lawns, hedges, shrubbery, ornamental bushes and trees shall be kept pruned and trimmed and free from becoming overgrown and unsightly. Yards shall be maintained so that grasses and weeds shall not exceed 10 inches in height. On June 21, 2016 at 12:00 p.m., the Zoning Administrator ("Enforcement Official") of the Town of cm Wappinger inspected your Property and determined that grasses and/or weeds on the Property exceed co ten(10) inches in height and the property is unsightly in violation of§ 185-3(C). The grasses and/or weeds on the Property must be mowed or trimmed below ten (10) inches in height on cm or before seven days from the date of this order,that is June 27,2016, The Town Board of the Town of Wappinger will hold a hearing on June 27, 2016 at 7:30 p.m., or as soon thereafter that the hearing can take place, at the Town of Wappinger Town Hall located at 20 Middlebush Road, Wappingers Falls, New Fork 12590, to determine whether the Property is in compliance with the standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town Code). The owner, lessee, tenant, occupant or other person having charge of the Property has an opportunity to appear and be heard at said public hearing to offer proof that the property is in compliance with the standards of Chapter 185 or that additional time is needed to take corrective action to cure the violation. PLEASE TAKE NOTE THAT if the Property owner, lessee, tenant, occupant or other person having charge of any premises does not comply with this Order to Remedy, the Town of Wappinger intends to enter onto the property, take corrective action, and assess the costs of the corrective action as a lien against the property and levy such lien on the Town tax bill if not paid. If the grasses and/or weeds on the property have been cut and the Property is brought into compliance,please notify the Town of Wappinger Code Enforcement Department at(845) 297-6256 to halt further proceedings. BARBARA ROBERTI ZONING ADMINISTRATOR/ ENFORCEMENT OFFICIAL Packet Pg. 56 5.1.a TOW N OF WAPPINGER t MAINTENANCE L PROPERTY CHAPTER185 OF TOWN CODE VIOLATIONNOTICEOF HIGH GRASS & WEEDS ,DATE:Jane 21,2016 TO: COtili''LA:Ii-T 2016-1001 Picture Taken:By ® a arb TAT P_NRCEL ID: 6157-01-475875. ara Robeftl � O NEI (S)OF RECORD:. Richard&Lisa Mosher JUN 2I 2016 PROPERTY NDDRESSs 43144ddlebus4 Road 3l`3 ?DESS: 43 Middlebush'Road Zor►ing Arfministraor . " i 110MTG�GEEI3 OLI�F QF l2l CORD. -.-tank of flmertca C}RTGUiVE3LEK IULTI tG_'sDLRESS= 2Q1 E_ aii See Lousle, tf6 a PSESSE T NOTICE that: 185=3( } of the Town of WapP ober Code pros desI at: aping facilities aid pitings,whenever exposed to pUi1ac vices,shalt be tamed so'that lams,.kedges,,shrz�bbery, orgamegtal.bushes.:aid fees shad.be kcpt gr eel am ° > ed,asaco ftt�e froth--b ov 9Xown and Ya€ds shall he „" ra Fd `SES , _ - h haat asses and weeds shag not,exced I{lches.in heightON aj C ie - . . o„ . mtrator ("E orceme t Caffic "� of thPt2gMat 124pmAs, of p appioget inspected gout Properc and detemainec that grasses andjar breeds oai'rhebperty exceed fi tet$(1Q inches in la ght An,' the property is nnsigntly in vtolatioo bf§18&3 C).. The€,Easss as /or weeds on*he ProperE�must be znied or tried below:teg1fl}xttc €s leigh Eos € :before severe d horn fisc date of this order,.tfrat is Lune 21,201 The Tow n'Doaid of the Town of Wappsnger ws "hold a bearing on Line 27,2616 at 7 3(l li.sn,or as soot hereafter that the h can rake lace at the Town of ala Town Full located at 20 Ivliddiebush eartng P ppi €gex Road,Wappingers Falls,New York 12590, to dete==e whether the Property � � Comp, ccwith standards of the Property Maintenance Law of the Tower of Wappxnget the (Chapter 1$5 of the`To Eode). A T he o e , $esse-e., tenant, occupant or other person hang charge of the opportunity' to.appear and be heard at said public hearing to offer P� proof that rite grop : � Compliance with the standards of Chapter 1.85 or that additional fimc is rleederi to rtake � �� action to cure the Violation. 4� . pI. SE T_ NOTE THAT if the Property owner, lessee, tenant, oc Pant o}-off,= cue of any premises does not comply with this Order to Reffiedy, the To Pis%t � enter on the take corrective act n of Wapp ProP�Yy on,and assess the costa of the co the property and levy such lieu on the Town tax bi l if not p Qe acttou as al i£the grasses .and/or weeds on, the PrOp" have been.cut and bir P Blease notify the Town Of Wagpinger Code Enforcemethe 'Ptp_ijy. r ►iraltttlaez}sroceetisigs- t _ o XRA Yl- _ROBFR3'1 N ?I III TR TOR/ENFORCEMEZ T T OFFIGIAI _ Packet Pg. 57 w YvF Vf . f T r✓ J"d —n. >•.-.:_.�-----•. r-��- .... ^'�. +m.,. `-� «. �: L tom' >� �' rte .'. WIM WE jC .� y `tip „re`__ ._.a. ` .�}`,�"..r'^ ,fid.^ -.rn-w- �r ""� ..';h ,✓ i; :, :•- „fir«% >� E - � r � - '✓sem.. !' [ .' � s. f.a. "``•� -.�s t r ��✓ .yja moi-,.� �y�� M1}.� � _ ..,.. rte:.i::.±.�- .,v.. ,::�.}... 1. �. ... ,'k.♦ ' i K •'a►A r �� ''7 x_ w 4 _ • Y., `l 9 C 1^ �9 3 R �ro ��.P"YZ� ��h �� P• C mamma w . 1,�5 k 04J �• Al mi QK 17 Packet Pg. 59 mow. ..�b ;` :g• - - a.q 5.1.a s ,1 TOWN OF WAPPINGER e PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE `tel NOTICE OF VIOLATION & ORDER TO REMEDY HIGH GRASS & WEEDS TO: 15ATE:June 21,2016 _ COMPLAINT#: 2016- 1000 TAX PARCEL ID: 6257-03-075427 OWNER(S) OF RECORD: Susan J. Harris PROPERTY ADDRESS: _ 280 Old Hopewell Road MAILING ADDRESS: 280 Old Hopewell Road MORTGAGEE/LIENHOLDER OF RECORD: No record of a mortgage MORTGAGEE/LIENHOLDER MAILING ADDRESS: PLEASE TAKE NOTICE that§ 185-3(C) of the Town of Wappinger Code provides that: CL U) All landscaping facilities and plantings,whenever exposed to public view, shall be maintained so that lawns, hedges, shrubbery, ornamental bushes and trees shall be kept pruned and trimmed and free from becoming overgrown and unsightly. Yards shall be maintained so that grasses and weeds shall not exceed 10 inches in height. e On ,June 21, 2016 at 12:00 p.m., the Zoning Administrator ("Enforcement Official") of the Town of cm Wappinger inspected your Property and determined that grasses and/or weeds on the property exceed CO ten (10) inches in height and the property is unsightly in violation of§ 185-3(C). Ui The grasses and/or weeds on the Property must be mowed or trimmed below ten (10) inches in height on e or before seven days from the date of this order,that is June 27,2016. The Town Board of the Town of Wappinger will hold a hearing on June 27, 2016 at 7:30 p.m., or soon thereafter that the hearing can take place, at the Town of Wappinger Town Hall located at 20 Middlebush Road, Wappingers Falls, New York 12590, to determine whether the Property is in compliance with the zi standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town Code). The owner, lessee, tenant, occupant or other person having charge of the Property has an o opportunity to appear and be heard at said public hearing to offer proof that the property is in compliance with the standards of Chapter 185 or that additional time is needed to take corrective action to cure the violation. PLEASE TAKE NOTE THAT if the Property owner, lessee, tenant, occupant or other person having charge of any premises does not comply with this Order to Remedy, the Town of Wappinger intends to enter onto the property, take corrective action, and assess the costs of the corrective action as a lien against the property and levy such lien on the Town tax bill if not paid. If the grasses and/or weeds on the property have been cut and the Property is brought into compliance,please notify the Town of Wappinger Code Enforcement Department at (845) 297-6256 to halt further proceedings. BARBARA ROBERTI ZONING ADMINISTRATOR/ ENFORCEMENT OFFICIAL Packet Pg. 60 5.1.a PPIG ERTOWN OF WA ERTMAINTENANCE a'— CHAPTER 185 OF TOWN CODE W ER TO RENOTICE OF vIOLATION.�� HIGH 0 T DA'I` ':Jane 21;2d Co- fPL�II is 2016-1000 Picture Taken By TrlY P_ RCEL 1f1. 625?-03-(175427 Barbara'.Roberti CoWNER(S)OF RECORD: Susan 1.Hams ° co PROPERTY ADDRESS: 280 Old-HRoad ��N' 2 hhII�LNG ADDRESS: 280 Old HWe-well Road Zoning Admiaistrator' Time: CM MORTGAGEE OF RECORD: No record of a mortgage i _ G ADDRESS: a ® PLE_�SE TAKE NOTICE that S 185-3(C)of the Town:of Wappinger Code protides that All landscaping facilities and plantings,whenever exposed to public clew,shall be rctaintained sir'that lawns, hedges,_sht-ubbery, ornamental bushes and trees shall be kept pruned and C- 7 ; trimmed and free from becoming overgrown and unsightly.Yards shalll be maintained so that grasses and weeds shall not exceed 10 inches in height. M M On Lune 2t 2016 at 12:00 p.m., the Zoning Administrator C Enforcetnent OfficiaP') of the Town of Wappinger inspected your Property and determined that grasses and/or weeds on the Property exceed ten.(10)inches in height and the property is unsightly in violation of 5185-3(C). The grasses and/or weeds on the Property must be mowed or trianmed below ten (10) inches in height on or before seven days from the date of this order,that is June 27,2016. The Town Board of the Town of Wappinger will hold a heating on June 27,2016 at 7:30 p.m., or as soon thereafter that the hearing can take place,at the Town of Wappinger Town Hall located at 20 I`Ziddlebush Road, Wappingers Falls, New York 12590, to determine whether the Property is in compliance with the standards of the Property Maintenance Law of the Town of Wappinger (Chapter 1$5 of the Town Code). The owner, lessee, tenant, occupant or other person having charge of the Property has an opportunity to appear and be heard at said public hearing to offer proof that the property is in compliance with the standards of Chapter 185 or that additional time is needed to take corrective action to cure the violation. PLEASE A SE TAKE NOTE THAT if the Property owner, lessee, tenant, occupant or other pPacket Pg. 61 C""lTi' o a'(].4'..nre.,ni,,PC.r1nez i r%t r-r rnT%i- —44, +1,;. n«.an« f� �Q.u•..er�,m }�a �'�csxs n��ne.r.ei�ar �.� "� � a� fA,��,*,r y ? . 5 E 5j5�'y� I lv, "S7A d 3fF h ffii44a+a�.ro,. 47,MW k,�^ �,.ws-: „e,rn-• �. •,,,. _.: ��, as��--�� x' �• '"�+" -c�1�1��` � s �`�� mr^m.-�.,�k•�'�.�//�F\ .- v�r-sf;-,�,•�� _,- y� R�''�+�. � i aW±✓ '.- ',,mss :.--•'' - "``- :,'w_r,^� •,y�'�a �..c.... r_..,= -i *` r `' t 4�` t, = .. -rl ' l�l� � � '4 � �' _ •Mr ,�,y,,, -\ Rte-.,i°,� er'ti'-� -,s'�..i,C,,,�� .� �sa 1 *� r '� ^,�� y,� i � ,..>r---"mss' �' .;r �'E• r t.�-.�2' ,`�.,.�--- r..a.:� `�,4.� �;�... 3.�- � �� r �;� - sem, �''" Yo'4q x �` �r �A.� �'"� �•- <-, `�.� .��.?,,,,r .+� '` e � ..r✓ r` a� � .,S '�''�%�'."�.•yiy"ca a� v ^9�'�'�' r $.�,v !' is R Packe Pg. 62 4 s - S 4 { � j "�R'.`p4 ^'t.IFwz�✓ ;. Ye.. 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' .ary..��i�Y yi '.:'r �'.f.-ti � ,t'-:.," � ✓..rk��}'y.pi'. �. �—� .. ss. w.._� k x'� a-1 a'd`.'�'� 't-'d'� "'S,�• ,�c^, � � rx� �}a7 Ks ,v ^..t+4 _�•..ka.. r, ""-f _,fit Tri .� � M� !-�`` »,"s�� ."�. ,.'ru.r.-��` "'y'r� � „r ��j�.�s��-.x•.�'*'�'S"".C'. ,Fp-�. � � e ra 3' V� a�^N, ��...,+�---••Ttt-;�,* - V� wq �•s+.,,y`� .,5� �`^� y, `�` SII � ��' �!' ✓" �,✓ yfry S �{ '� ��"-�'-^^-" �+.�,� '+"ta�`w�c,��-,'�r�Z' <....�_,�„_,.'�, ...:moi �s �"�,%� �� _-•. i,... 17 At � ..,,y.@�".�x.t"� Y '^--r�S�Ts•Y.":�.�r+v- �` - '2'��-� K+"t^'q�i_ �,.�.,c,.L d. gr a .:.:._.�✓yam,� `,�- R 3E r — ..�� 3c..�'z�" r -,tom _ � •:; -4+� i � � m ,. � r• �� wS� ,�,y�,;.�'...�t}do-.. a Liz, 1.'.F� <� '"� 3y,�.�i +�,•.,,K"S'•r'Y��'r"st j R yy" Yl i r:� � %5.. �. �.: 'Nor. } t � xt ,q y Y 9.2.a TOWN OF WAPPINGER, NEW YORK 31 FUND BALANCE POLICY 0 IL Year-end surpluses and fund balances are moneys that can provide a cushion or buffer that may be needed from time to time to operate without interruption or reduction in services. They provide a degree of stability and the resources to weather fluctuations in revenues and expenditures without severely impacting real property tax rates. Fund balances and adequate reserves should be managed and reviewed on a regular basis. In its evaluations of credit ratings, a formal fund balance policy is cited by all major rating agencies (Moody's, Standard& Poor's and Fitch) as a best management practice commonly used by better rated communities. Municipalities that adhere to a fund balance policy are viewed as being more pro-active and this reflects well on management, which in turn results in higher credit ratings and lower borrowing costs. A formal policy is an effective operating tool because it minimizes political concerns and keeps the Town more focused on achieving 0 structural balance. Auditors and financial advisors often note that fund balances are not replaceable through the budget process because of the legal requirement to develop balanced budgets for the general fund and the special revenue funds. The Town does face significant pressure on the revenue and expenditure sides of its budget, and therefore on its reserves. If surplus is depleted at the end of a fiscal year, it cannot be replaced unless during the ensuing fiscal year expenditures are less than amounts budgeted or non-tax revenues are higher than projected (or both). 0 In recognition of sound fiscal policy and in order to stabilize and possibly enhance the current credit rating of the Town, the Town will make all reasonable efforts to maintain an unassigned fund balance in its General Fund at the end of each fiscal year equal to no less than 10% of its total operating budget. Such unassigned fund balance will be exclusive of any reserve funds maintained by the Town. The Town believes that this is a reasonable amount of unassigned co fund balance to achieve at the end of each fiscal year as unanticipated events during the course of a year can have negative effects on non-tax revenues or expenditures, or both. If an emergency or a need were to occur that necessitated the appropriation of funds that would result in reducing the unassigned fund balance in the General Fund below 10% of operating expenditures, a separate resolution of the Town Board would be adopted to approve such 0 appropriation. Subsequent to such resolution, the Town would immediately begin the process of reducing expenditures or raising revenues in order to restore the unassigned fund balance in the 0 General Fund to 10% of operating expenditures. 0 Unassigned fund balance in the General Fund above 10% may be appropriated for the following purposes: To reduce the subsequent year's property taxes. For one-time capital expenditures. For emergencies caused by natural occurrences such as hurricanes or blizzards. U. This policy will remain in effect until the Town of Wappinger,by resolution, amends or revises it. isis Packet Pg. 64 9.3.a HIGHWAY SUPERINTENDENT TOWN OF YX tl.r Pill GER SUPERVISOR Vincent Bettina Lori A.Jiava 845-297-4158 Main 10 HIGHWAY DRIVE WAPPINGER.S FALLS,NY 12594 � TOWN BOARD Email:Vbettina:atownofwappingerus - ! William H.Beale (845)297-9451 Office ? William Ciccarelli 0. (845)298-0524-Fax John Fenton Michael Kuzmicz SECRETARY Karol Kelly TOWN CLERK Office of the Superintende Joseph Paoloni Highways June 27, 2016 JUN 2 9 2016LM Dear Town Board Members, TOWN OF WAPFINGER U. RE BLACKTOP FUNDS RESOLUTION 2016-188 TOWN CLERK U. Be advised that Tilcon New York, Inc. has quoted$54.00 per ton for type 6 top blacktop for the j resurfacing of the Town roads. The leasing of the equipment to complete the roads has been awarded to Avello Brothers Paving Contractors, 60 Fulton Street„ Poughkeepsie, NY. M Avello is listed in the Dutchess County Office of Central Services and the machinery rental rate includes the necessary operators at prevailing wages per Dutchess County Office of Central Services and the US Department of Labor. The blacktop quantities and road length were calculated and submitted by Bob Gray PE of Morris Associates and total 4.91 miles. j The roads that are being paved are vintage 1995 roads and include Wheeler Hill Road, Dorothy Lane, Diddell Road, Maloney Road, Quiet Acres (the streets in Quiet Acres subdivision include Barbara Dr., Cindy Lane, Daisy Lane and Helen Dr.) and have been discussed with the Board members. The cost to complete 4.91 miles of road without milling is$79.85 per ton of blacktop in-place. This price per ton DOES INCLUDE the blacktop material at$54.00 per ton from Tilcon and the approved cm rental rate of machinery with operators. , Uj Peckham Industries will also provide the necessary Reclamation/Milling equipment with operators to remove approximately 2,600 tons of material from the Quiet Acres subdivision and are also listed with Dutchess County Central Services. The total cost utilizing the milling machine, paving equipment with operators including blacktop material completed in place totals$89.40 per ton. U. There will be a need to export the millings f � p s rom Quiet Acres and this may be accomplished at no cost to 9 Y P the Town by allowing the excess material to be removed from a local contractor with the understanding they sign a hold harmless agreement prepared by the Town Attorney. Per Fredrick Awino memorandum of May 24, 2016,there is currently$400,000.00 available from bonds previously approved and there is an additional need for$408,670.00 in funding which does include the milling work for Quiet Acres. The 2015 budget clearly did not provide for any road resurfacing funds other than money in DB5110.405 which is to be utilized for road repair work. The anticipated $220,000.00 from the NYSDOT 2016 CHIPS funds should not be considered as additional funding as we are required to have funds available at the commencement of the paving. Packet Pg. 65 9.3.a Hence,there is adequate funding to complete the 5 miles of road including milling upon approval of $410,000.00 for the paving that was tabled at the last Board Meeting. It is also important to note that in 2015 we paved Big Elm St., DeGarmo Hills Rd., Beechwood Circle, Spookhill Rd.and Old State Rd.which is approximately 4.5 miles of road and were under budget. Thank you for your attention to this matter. Respectfully, Superintendent of Highways LM U. 00 00 e CD 04 co U. CL lie e U U M Packet Pg. 66 9.4.a LOCAL LAW NO. 3 OF THE YEAR 2016 A Local Law entitled "Local Law No. 3 of the Year 2016, Amending Chapter 133 of the Town Code known as Flood Damage Prevention." 0 U. e BE IT ENACTED by the Town Board of the Town of Wappinger as follows: 0 Section L• Title: 0 This Local Law shall be known and cited as Town of Wappinger, "Local Law No. 3 of the Year 2016, Amending Chapter 133 of the Town Code known as Flood Damage Prevention." as Section IL• Legislative Intent: The purpose of this Local Law is to amend the Flood Insurance Rate Map (FIRM) map panel numbers as required by the New York State Department of Environmental Conservation, Division of Water, Bureau of Flood Protection and Dam Safety. C4 ri Section III: Amendments to Chapter 133: "Flood Damage Prevention": 6 Z Section 133-6 entitled "Basis for Establishing Areas of Special Flood Hazard" is 7@ U hereby amended as follows: 0 "§ 133-6. Basis for Establishing Areas of Special Flood Hazard. 0 The areas of special flood hazard for the Town of Wappinger, Community Number 361387, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: C4 coe (1) Flood Insurance Rate Map Panel Numbers: 36027C0461E, 36027C0462E, 36027C0463E, 36027C0464E, 36027C0466E, 36027C0467E, 36027C0468E, 36027C0469E, 36027C0486E, 36027C0487E, 36027C0490E, 36027C0559E, 36027C0576E, 36027C0577E, 36027C0578E, 36027C0579E, 36027C0581E, 36027C0582E, 36027C0601E U whose effective date is May 2, 2012, and any subsequent revisions to these map panels that do not affect areas under our community's E jurisdiction. 1 Packet Pg. 67 9.4.a (2) A scientific and engineering report entitled "Flood Insurance Study, Dutchess County,New York, All Jurisdictions" dated May 2, 2012. (3) Letter of Map Revision, Case Number 13-02-1873P, effective April 2, 0 2014, amending Panel 36027C0486E of the Flood Insurance Rate Map. U. as (4) Letter of Map Revision, Case Number 16-02-0710P, effective August 17, 2016, amending Panels 36027C0458E, 36027C0459E, 36027C0466E and 36027C0467E of the Flood Insurance Rate Map. 0 4- (5) Letter of Map Revision, Case Number 16-02-0187P, effective September 2, 2016, amending Panels 36027C0476E and 36027C0478E of the Flood Insurance Rate Map. The above documents are hereby adopted and declared to be a part of this Chapter. The Flood Insurance Study and/or maps are on file at the Office of the Town Clerk, Town of Wappinger, Town Hall, 20 Middlebush Road, Wappingers Falls,New York 12590. Section IV: Reconfirmation and Ratification: Except as herein modified and amended, Local Law No. 3 of the Year 2012, Creating cc Chapter 133 of the Town Code, "Flood Damage Prevention" is hereby ratified and reconfirmed. U 0 Section V: Numbering for Codification: It is the intention of the Town of Wappinger and it is hereby enacted that the provisions 0 of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and e sub-sections of this Local Law may be re-numbered or re-lettered to accomplish such intention; C4 M co the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be Ui changed to "Chapter," "Section" or other appropriate word as required for codification; and any C4 such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code effected thereby. U Section VI: Separability: E isis 2 Packet Pg. 68 9.4.a The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall 0 U- e not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or 0 parts of this local law or their application to other persons or circumstances. It is hereby declared C 0 to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, as subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section VII: Effective Date: cc This Local Law shall become effective immediately upon filing with the Secretary of Cm State as provided by law Municipal Home Rule Law. cc U 0 Tj 0 e Cm Cm cc e U 0 IziC 4) 3 Packet Pg. 69 ............... 11 STENGER ROBERTS F Em DAVIS & DIAMONDLLP 1136 Route 9 E2 Wappingers Falls, New York 12590 June 22, 2016 (845)298-200O FAX(845)298-2842 Town Board www.srddlaw.com Town of Wappinger 4- 0 e-mail:Info@srddlaw.com 20 Middlebush Road Wappingers Falls, NY 12590 Attn: Hon. Lori A. Jiava, Supervisor E Re: Advance Auto Parts v. Town of Wappinger Kenneth M.Stenger Albert P.Roberts Dear Supervisor Jiava& Town Board Members: • Thomas R.Davis Please be advised that the above referencedproceeding is a tax certiorari 0 Stephen E.Diamond' matter for the assessed years 2013, 2014 and 2015. This proceeding involves a parcel located at 803 Old Route 9N in the Village of Wappingers Falls, which consists of commercial retail space. The property is owned by Joan F. Garrett— Wappingerwood, LLC, but the proceeding was commenced by the sole 0 James P.Horan— tenant, Advance Auto Parts. The original assessment for the parcel was $1,450,000 and we have agreed to reduce the total assessment to $1,280,000 tarn C. Linclars for each year. With the current equalization rate at 100% this settlement Darren H. Fairlie reflects fair market value. 2016 will be settled at the same value. C14 Fred Clarke N Enclosed is a resolution for your consideration. The Assessor will provide co Uj you with his recommendation and refund analysis for your review and OF COUNSEL consideration. In addition, the refund will be payable without interest if paid Scott L.Volkman within 60 days after service of the copy of the executed order and demand for E Karen MacNish refund, The Town's refunds are processed by the Dutchess County Jessica J.Glass Commissioner of Finance. I would appreciate your concurrence on this co matter at the next available Town Board meeting. If you have any questions 2 in the meantime, please do not hesitate to contact me. PARALEGALS 0 Sandra A.Oakley Yours very truly, Dawn M.Paino Dorothy A. Purtill 0 Christine M.Schnittert STEN ROBE R, TS,/DAV1S,& DIAMOND, LLP 0 7,, Rita Worthington SCOTT L. VOLT CLOSING COORDINATOR SLV/dap C4 Maria L.Jones N Enclosure C4 C4 cc: Christian Harkins, Assessor ALSO ADWTTED IN FL&MA Joseph P. Paoloni, Town Clerk ALSO ADMITTED iN c-r ALSO ADMITTED I N NJ Daniel Petigrow, Esq. E Joseph McGowan, Esq. Packet Pg. 70 POIO813 aol uoilniosoN BuiliodaN pue Aea vom Paepueis a ® WZ-S ) POSIAO ® ®Z L a :juqwq3ejjV E m L70 ' 46 a ti L 1 co aar d > ± C'a E 0 ~ D E O R .QOr N y O N z a.0a a W .2c r �_ r O O Q M 0 E7 CO Z O 1 iA,i v to W N w •� r o� r a s r r r r r r N .�o o CD cu U o 0 0 0 0 o N N L L � a�� ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ •� HUOE - Q � Q c O L E yOZ U 0 � o Lcu V L U E cu 0) Oy� 7 5 J LJ.I �' cn Z v L O — N U 1/) O N J 0 O N �yy >o Y m U c D E W > J E U ll Y O Z ° m C N U) N o _ c O2 E Q O- O O Y f6 O N ) } N ZN 3 N F O 0 N O Q - Q Y Z! co r r cfl cfl cfl cfl (6 N N N Ir r O = Z N N N (n Y >+ (6 N 0 } O N O Q U6 U 2: E O u) N N N N w N w a 0 R O Z ' N R E E E E w O O U U U U O ~ O 33 U U U U N L O O r o 0 0 0 p O F F F F Q Q w a E w aol uoilnioseN BuiliodaN pue Aea vom Paepueis a ® WZ-S ) Z ® 0® Z-VL L :IUqWWBIjV N ti ' co ami >� o a Ate, 0 ci '� ,'� NN� > ❑❑❑ °� V, O .L U ,~ N LL U) r N W z y-+ L 0 O co 0 to N L U co VJ ) L 4— 0 0 • 0 co O O V+' N N N N N N p ^^ V O -2 i.i Q N /1 0) CLii 7co 0to .L" CB N p O C O I. O ) E N -a �� c° o o rn c° N Lu w CP i+ Q L ID Q� Um o 0 0 o Q C Q 2 cu NIII >6 _ cu E CO 4 6 WLU 5; fn 16 0 cu 0 cu Doll 1: 11 i H U E.� 0 cu co Co N O L cu U U) -O Q N y Co N O co L O N 0) N 0 0 U y p Co O C N Q O d O L L N y+ _ N OU co O L >1 O N O a) cu N �_ O p co cu cu4-0 L� 0 O v E v O co cu T 7 r Q N N U)cn z J W 0) N O co D L O Y N yN p E cu cu ° N ." > WO = N z cu N U) EO L m L LU N p L N y tl W 4— "� O w O N co ° N ° o Qm a = O Q N 0 O C N O W O m m c m -° L m O N O Co N E Q Y o 0 > U Q U E .� v° `O co 0 Z W p w N ° ° •J cu E 2 a) ° 0 a) O N m N U NU } cu N N -- 0 Z U 51 r z co c (n a� "' Q cu -Fu EY O O LU Y J E .Z N d Co N L cu a) a) � R Ott Q Ea cu > v a� a) Ofa� z 'a 'aco co U Y 0 O L Z N L " ° O r O L X — U cu yam-+ U) = 0 O O Co LL y-+ co ° } 2 a) a O "� LL N N Q — co E o U) CU N y a .� W _ .OJ U W d p " z Q a Co w C) C y N O Z p v a O °� N - W N s= O -0 co cn J c ° o O E C O) N p C 0 °r' Q .Q U D o z v a) y a L cLo LLL.I H O cn o N w o >+ W 0 O � N O a 3 m C Q o U) N > Q .0 C +' o 0 z E co v a voi W O 2 LU W a co _ -0 — 0 Q ❑ ❑ ❑ RS 2417-A(Rev.8/15) Page 2 Instructions for completing the Standard Work Day and Reporting Resolution A. B. C. D. E. F. G. H. I. Title Standard Name Social Registration Tier 1 Current Term Record Not Submitted Work Day Security Number (Check Begin&End of (Check only Number only if Dates Activities if official did Zy (Hrs/day) (First and Last) (Last memberis Result* not submit Min.6 hrs in Tier 1) (mm/dd/ their Record of Max.8 hrs 4 digits) mm/dd/yy) Activities) Elected Officials Highway 8.00 John Smith 0000 0101010-1 1/1/2010- 32.79 Superitendent 12/31/2013 CL Receiver of CL 6.00 Michelle Jones 1111 0202020-2 X 1/1/2010- NA Taxes 12/31/2014 1/1/2010- Town Justice 6.25 Michael Hall 2222 0303030-3 12/31/2011 x Appointed Officials Planning Board 700 J1/1/2010- 17.54 Member . oseph Gray 3333 0404040-4 12/31/2010 LLi 0 A. Title:All paid elected and appointed officials (who are active members of the Retirement System) and are not paid hourly and do not participate in a employer's time keeping system that consists of a daily record of actual time worked and time charged to accruals must be listed. For the purpose of the regulation, an "appointed official" is someone who is appointed by an elected official, an appointed official or governing board. They hold an office in an organization or government and participate in the exercise of authority. This also includes appointees of elected and appointed officials such as deputies, •E assistants or confidential secretaries. cL B. Standard Work Day: The minimum number of hours that can be established for a standard work day(SWD) is six, while the maximum is eight. A SWD is the denominator to be used for the days worked calculation; it is not necessarily always the number of hours a person works. For example, if a board member only attends one three-hour board meeting per month, you must still establish a SWD between six and eight hours as the denominator for their record of activities(ROA)calculation. C. Name: The official's complete first and last name must be included for identification purposes. 0 D.Social Security Number: The last four digits of the official's Social Security Number must be included for identification purposes. For security purposes, the last four digits of the Social Security Number can be omitted from the publicly posted version. E. Registration Number:The official's Registration Number must be included for identification purposes. For security purposes, the Registration Number can be omitted from the publicly posted version. F. Tier 1: If the official is a Tier 1 member, this box should be checked. Tier 1 members are not required to keep a ROA. G.Current Term Begin & End Dates:All officials listed on the Resolution must have a specified Term End date. Leaving this column blank or listing `Tenure/At Pleasure' is not acceptable. If the official does not have a designated term, the current term for the official who appointed them to the position should be used. If they are appointed by the governing board, the Uj chairman of the board's term should be used. H. Record of Activities Result*:This column must be left blank if an official does not submit their required sample three-month ROA.To determine the average number of days worked per month,you must divide the total number of hours documented on the three-month ROA by three months to get a one-month average number of hours worked.Then, the one-month average number of hours worked must be divided by the SWD to get the average number of days worked per month. e I. Not Submitted: This column must be checked if an official has not submitted the required sample three-month ROA within the 150 day requirement, regardless of whether they are being reported by another employer for the same period. If the Retirement System receives such a Resolution, it will contact the official to notify them of the consequences of not submitting the ROA. Once passed,the Resolution must be posted on your public website for a minimum of 30 days or, if a website isn't available to the public, on the official sign-board or at the main entrance to the clerk's office.A certified copy of the Resolution and Affidavit of Posting must be filed with the Office of the State Comptroller within 45 days of the adoption. The Resolution and Affidavit can be submitted online via the Elected and Appointed Officials Reporting (EAOR) program. *To determine the number of days worked to include on the monthly report for the various payroll frequencies, please refer to the Calculating Days Worked instructions available in the `Reporting Elected &Appointed Officials'section of our website: tilp-://www.osc.state.ny.us/retire/emr)lovers/elected appointed officials/i�� Packet Pg. 73 Tuesday, June 21, 2016 1:08 PM � To: Al Roberts Subject: All Angels Hill Sewer Collapse Pavement Repa�r Attachments: scan0025.pdf; RFP PAVIVIENTREPAIR,pdtPavement RepairProposa:ipdf � � Al, �eaoesee a�achedquote fnamSun Up `-�c_�nOO2SLR�� f�rpavmmemtnepairandquotefrom �|oveexcava�ors ~~ '' � (Pavement Repair ProposaU. u- � � SunUpprovidedthephdnQayunaddbntheiremergencycnmtractforrepairnfthesem^erod|apse. Thepruposedprice was $15,300 Bob had asked for the RFP because he indicated that you felt that because the pavement repair was no longer an < emergency the Town should seek further pricing for the work. The RFP was sent to Clove Excavators and Blacktop Maintenance Corp on6/13for pricing for ascope nfwork that was similar tothe Scope Sun Uphad proposed. Pricing was received from [|nma Excavators for$31,900 on 6/16. BTM did not provide pricing by the deadline of 11:00 onJune 2O. If you have questions orrequire additional information please call. ~~ CO Thank you, Mark Long � u- � CL CD Packet Pg. 74 � � � � � � S SUN UFO v 0 DvAinage,Slie, wovk'Excavating ^ wat4prjjpe AsphAll Pavinq, Concreie Work,SanitarVIsewer's 0 June 6,2016 CL Mr Kabeft Gtey Moths Assoc;otea E 9 Elks Lane Posjghkeeps�e, NY 12601 IL 0 Re- Rermanent Paving Repair U. Cider Mill Loop–Edge Mill Road Dear So t), Beow pleasse;fiod our price to ixtstal�,ipermarsrnt pavement.at ihe interu(,tioropf Cider Mill ka,ip,EcIge Hid Road and All Angels Hd�Road asdiscossed supefinwnd'em'. 0 �Lf=fIQ—f%q-Q—Irk * Saw cut pBrim etLir of all distue4id orva,,'�; * Remove ex,J�;bnp bfacktop and recentlyinstalled cold mix to im depth of G" Q 04 * k'Jfm5h and 4IStall 41"of biridei, and 2'Of top * Seal all 'oints with hot tar C%A co our lurnp sarti pricy.for the above work Fif !Q,n Thmisand Three Hundred, Dollars art d No Cents LLJ J$15,300.00) IL U. Please advise if vie sit-auld proceed with thi; work onGe Vie W,acktop plant�op eo for the maoson, Thailk offi C m Very trupy yours 0 CL 0 s U 4,1 E tM, U— ES, NC. IL HS� efd W 84IM E 0 04 m Packet Pg. 75 EXCAVATOR&C. 0 212 VAN WAGNER ROAD POUGHKEEPSIE, NEW YORK 12603 U PHONE (845) 452.5030 FAX (845) 452-9670 E CL June 16, 2016 E Town Clerk, Town of Wappinger 20 Middlebush Road, IL L- Wappinger Falls, NY 12590 0 U- bear Joseph, We would like to offer a price of$31,900.00 for the work associated with the intersection of Cider Mill Loop and All Angels Hill Road and the intersection of Edge Hill Road and All Angels Hill Road,as per the Scope of Work provided in the Proposal Request for Town of Wappinger 0 Pavement Repair packet. Please note that there is a Non-Collusion Forin enclosed. C14 This price includes all equipment, labor, and materials to complete the project, If the scope of Q work described in this quote is altered or changed, all alterations and/or changes must be in C14 co writing prior before work commences. If you have any questions,please do not hesitate to contact rne. Thank You! IL U. 0 0 Va--r--C- Wrnbico, President E 0 -J C4 E Packet Pg. 76 a 0 A . c4t�T Ei"iff CNAVATU" R S 0 212 VAN WAGNER ROAD POUGHKEEPSIE, NEW YORK 12603 PHONE (845) 452-5030 FAX(845) 452-9670 STATEMENT OF NON-COLLUSION BY BIDDER asE 0 Pursuant to Section 103-d General Municipal Law > BY SUBMISSION OF THE BID OR PROPOSAL,THE BIDDER CERTIFIES THAT: 0 U. a) This bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor-, b) ']"his bid or proposal has not been knowingly disclosed and will not be knowing disclosed prior to the opening of bids or proposats for this project, to any other bidder, competitor, or potential competitor: c) No alternpt has been or will be made to induce any other person,partnership,or 0 Corporation to submit or not to submit a bid or proposal: d) The person signing this bid or proposal certifies that he has fully informed cm himself regarding the accuracy of the staternents contained in this certification, and under the penalties of perjury,affirms the truth thereof,such penalties cm N being,applicable to the bidder, as well as to the person signing in its behalf. co UJ IL U. DATED: June 16, 2016 BY: MaKc Vufrnbico, President 0 a 0 L- IL E UJ 0 -J C%A E Packet Pg. 77 MORRIS ASSOCIATES ENGINEERING& SURVEYING CONSULTAN'rs,PLLC 9 Elks Lane, Poughkeepsie,New York 12601 Tel:(845)454-3411 Fax:(845)473-1962 _j 64 Green Street,Suite 'l, Hudson, New"York 12534 Td: (518)828-2300 FaKi (518)828-3963 PROPOSAL REQUas EST FOR THE ToWN OF WAPPINGER Pavement Repair 0 .j u- C14 PREPARED FOR: C14 N TOWN OF WAPPINGER co IL U. MA# W21525 0 0 L- IL E June 2016 0 C14 CD Packet Pg. 78 a 0 NOTICE 0 U E PLEASE TAKE NOTICE, the Town of Wappinger invites and seeks a written proposal from qualified contractors) for work at the Intersection of Cider Mill Loop and All Angels Hill Road and the intersection of Edge HiIII Road and All Angels Hill Road. E Contractors are encouraged to visit the work areas to familiarize themselves with alll project conditions. Such inspection(s) shall be done during normal business hours. 0 The proposal shall confirm that the Contractor(s)or entity shall fully comply with all required U_ Federal and State Laws, Rules and Regulations. The contractor shall be required to pay employees, sub-contractors etc. NYS prevailing wage rates; and shall also be required to submit certified payroll document(s). The contractor will provide insurance per the attached requirements and submit a certificate of insurance prior to starting work The Contractor will be paid on a lump sum basis upon completion of all work. Contractor shall be responsible for payment of Prevailing Wages of all employees on the project in accordance with NYS Department of Labor requirements. Proposals will be received by the Town Clerk of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls NY 12590, until 11:00 A.M. on Monday June 20, 2016. C14 Proposals will be opened and considered at that time; with the contract being awarded as C4 co soon as practicable thereafter upon review and consideration by the Town, Board, Ui w The Wappinger Town Board expressly reserves the right to waive any irregularities in or to 0. U. accept any proposal or to reject any and all proposals or to award on any or all items, as the interest of the Town may appear to require. No bidder may withdraw his/her proposal within twenty-five (25) days after the actual date of the opening of proposals. 0 a 0 L_ IL By order of the Town Board, Town of Wappinger, New York. E Dated June 13, 2016 Ui 0 _J C4 E Page 1 EWDcumertff Wapphiger\a W20151W21525 All Angels Sewer CallapsekUP Pavement Repapr doc Packet Pg. 79 a 0 SCOPE OF WORK 0 1 Saw cut existing pavement at joint between All An els Hill, County pavement and 2' past the farthest limit of disturbance on the Town Road. 2. Remove existing pavement and cold patch material to a depth of 6" below existing grade. E 3. Provide 4" of NYSDOT type 3 dense binder in (2) lifts 4. Provide 2" of NYSDOT type 6 top. Rolling of top course must be with a 10 IL ton, or equivalent roller. I- 0 5. Seal top of joints with liquid asphalt, U. (SEE ATTACHED PHOTOS FOR FURTHER DISCRIPTION OF WORK) NOTE Provide all required traffic control, signs, cones, and fiaggers as necessary. (coordinate work with the'Town of Wappinger Highway S uperinten(lent, Contact the 0 Highway Superintendent prior to the start of work at (845) 297-9541 INSURANq_E REQIJIIRIVIE-N-�S C4 Contractor shall secure and maintain during the life of this contract, including any C4 N guarantee period, the following insurance co UJ W COMMERCIAL GENERAL LIABILITY INSURANCE I. IL U. Bodily Injury and Property Damage $2,000,000 per/occurrence $2,000.000 aggregate 2. Products and Completed Operations $2,000,000 Medical Payments $5,00o 0 3. Covet-ages to include but not limited to: a 0 (a.) Blanket contractual L_ IL (b) Broad Form Property damage (c.) Fire Legal Liability 4Condifions- E (a-) Owner to be Listed as additional named insured on a primary, non- UJ contributory basis (b,) Insurance to be provided by Carrier with a rating no less than"A"as rated by 0 A, I . Best. Go, _J (c.) All Liability insurance is to be issued on an occurrence basis, AUTOMOBILE LIABILITY INSURANCE C14 1. Combined single limit $2,000,000 WORKERS COMPENSATION INSURANCE Page 2 E E 00(arnwts1'Vvzipp+nqpm IAQDI5kW21525 A4 Anjj,015 Sealer Cola pse}Wll Pavemejj Resp acdoc Packet Pg. 80 a 0 1, Limits Statutory 0 2, Employers Liability $1,000,000 U E EXCESS LIABILITY INSURANCE 1. Lirnit $5,00000 (1) A Certificate of Insurance shall be delivered to the Town at the time of E Contract signing and prior to the commencement of the work, evidence that such insurance is in place and in full force and effect. 0 (2) Prior to cancellation or material change in any policy, a thirty(30) day notice U. shall be given to the Town Clerk by registered mail, return receipt requested, at M the address listed below: Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 0 (3) Upon receipt of such notice the Owner shall have the option to cancel the Agreement without further expense or liability to the Owner, or to require the Contractor to replace the cancelled insurance policy, or rectify any material CM change in the policy, so that the insurance coverage required is maintained C14 continuously throughout the terns of the Agreement in form and substance co acceptable to the Owner, Failure of the Contractor to take out or to maintain, W or the taking out or maintenance of any required insurance, shall not relieve the Contractor from any liability under the Contract, nor shall the insurance U. requirements be construed to conflict with the obligations of the Contractor concerning indemnification, (4) All property losses shall be made payable to and adjusted with the Owner, 0 a 0 L- (5) All insurance policies referred 'to above shall be underwritten by companies IL authorized to do business in the State of New York and acceptable to the Owner. E (6) In the event that claims in excess of these amounts are filed by reason of any Uj a operations under theAgreement, the amount of excess of such claims, or any r- 0 portion thereof, may be withheld frorn payment due or to become due the -j Contractor until Such time as the Contractor shall furnish such addittonal security concerning such claims as may be determined by the Owner. CM CD Page 3 E WmumerI80 Vvappingerta V4+.7015%W71t'2S All fvngels smyor collaw;avRFF Payerne0tReTj;jir0()c Packet Pg. 81 9.10.a as IL r tP+ n �� d9 hf�fi Y�x III d P�VYi 0 U. Cm Cm ui s �fr S I, f rz' 6 � e ui tb s � v' e � Q 4 f 4� C%A %yCD eR a {t r I � t � Packet Pg. 82 Vg r, err. r r 0 � 4 � f � ff 0 U. 0 CM CD CD CM v rdra LLJ r "+^ U. U. {Jw,u�i�i7l r I Oi tl 5. V�q $ CLIL W P 0 U CDL e e Packet Pg. 83 @d,� fi ��r �i d rPr✓ !rW ` um ��1 ml�i �1§'rN��r T"tl ,u'� y 'W� i�q' r'IWim.�� d,�h✓nl ✓� k r r �,d� � I ✓'� r �ni�!� n� k ad d✓'V t ;C';w I rj� �f �1 r�i,W^ G�� 9nfl t✓iB��Yd 7fn< r� �dIF� �d� wn�nr��`� ,�a✓tl�� a r r"A r !r� � rA � k 6.9 CL r ✓t � rl1v, `�rl �ti, �� o✓( �, ✓ � 49 W-,� �1✓ r✓``p�pl� rr�� }'I nMEyFYh� �W�I�� `g{�; r �i r �� aM � "a pM� N� �;'��dd fir✓ n6 i�W� n�Y� 6� t9 �,"r Fl�W arWW« " r`i r' ks urr+ iirW 0 �,; o- ¢ J r +✓6� �1 r G r d d"�ubrr� r"�a� a Lib t � n`� s �I li��ra��dfi dn}�,✓,�w i� r9�r ✓drn a � P� � r �t>��R �'` - }E✓ r�r"Jh ry�l��'s t 4'� � ao ;rh to bx yPn�'�� 'W a' �i � d a �� I v b>d a ' ;✓Pr � + r� j F�. � n ✓�' `" a -r I'B��s lfd��y�'�� ¢�i„`�M1 �Vit” txW in 4'iY"� i'll xjl t'� "�y 0 0 p CD < r ✓a n��C'• '"ar`"d a✓t`�d rd'R ' ' F � upyn Fps �' ' c rd E r ✓r rrr'�k�rd 1 �lr'��,� i i `r�`� '��'f'�„ �,�"3N �+ � CM LLJ ��• 1 t t s 4s s y I`W nY u�a � �'�j �r ��"�� „i4�6tr r��^``W��"d 9S ��`�� j3d��'� �,�'t�.�� 1 ��, r;�B° i✓hf �AE I ✓tI r rE>✓(f`k yu 4'r a.1;! tr�n 4 rW t t r daav d� Y; r f �:. vz a� "r ea �W r;u�,�A�fid!➢4 ,�`�r a `` �s 7?. d�a �dr n�'"`� � 1 qq 4As s� s7ra �tt a ✓s nni E . Lib r�. }� 4d`�e�+ '� "�I" ✓ �t �, � ,!P,� ,� ��'k �9dW, d r ok,� `�4 r �I ��. 7 � ��"�`�� e#��' �n�3��i,r��'f1, ��Jrr�� '��'�� g✓l��d ��y�'"�`' 3 `+" d "� t �W�r dsmr° r� x� " �'� rr � 4 �� "gr;tt ✓ r b tit Cb ,r gdh d2( 4 o db dr+I l ^Pr R'ryr �� ""� 0 CL IL dr(a 4��a r; �r✓ rd�f s $ #� ,�, w R �d ui w CDS u Packet Pg. 84 9d 7W^@I 9.10.a 0 I CL x , i Itl I 7 f us 8�i 0 U.r ON „ 0 cm cm li w� e co uj IX i ��III IX s� s� 0 0 e e 0 �e cm CDe e p Packet Pg. 85 s^ 11.2.a LOCAL LAW NO. 4 OF THE YEAR 2016 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: CM Section -L• Title: as This Local Law shall be known and cited as "2016 Amendments to Fee and Fine Schedules of the Town of Wappinger." Section -IL• Legislative Intent cc 7@ The fees and fines by the Town of Wappinger are codified in Chapter 122 of the Town of 0 Wappinger Code. New York Town Law requires that these fees and fines be periodically reviewed to insure that the fees charged reimburse the Town for the costs incurred in administering the 0 E r_ service and that the fines comply with applicable laws. The Town Board hereby determines that the 0 changes to the fees and fines listed below are appropriate. CM Section -III: Amendment to 122-16 Fee Schedule CM § 122-16 of the Code of the Town of Wappinger shall be amended as follows: cow A) § 122-16 N(1)(a)is hereby amended to read as follows: as (a) Application fee: $150 as B) § 122-16 N(6)(a)(1)(a)(v)is hereby amended to read as follows: co as [v] One-story Non-habitable accessory building without utilities (except garages): U. [A] Not greater than 200 square feet of floor$100. as [B] Greater than 200 square feet: $100 plus $0.40 per square foot. CM C) § 122-16 N(6)(a)(1)(a)(vi)[A](1) is hereby amended to read as follows: {1} Aboveground pool: $150. a D) § 122-16 N(6)(e)is hereby amended by adding the following subsections: 10) Stand-by Generator $150 F:vO ChrisvLocal LawsvLocal Law Filingv2016vLocal Law 4vLL 2016 Amending Fee Schedule.docx Last Saved: 6/24/2016 10:12 Packet Pg. 86 11.2.a 11) Inspections outside Business Hours $250 12) Remove Stop Work Order $250 13) Legalization Fee $250 14) Amend Building Permit $50 E) § 122-16 N(9)(a)is hereby amended to read as follows: (a) § 240-531)(5), application review fee: $750 per application. F) § 122-16 0(1)is hereby amended to read as follows: Z (1) Sign permit application fee (for the construction of a new sign or the alteration of an existing sign): $3.50 per square foot. (Note: Construction of a new sign will also require a building permit and payment of the associated fee.) Section -IV: Amendment to § 122-20 Fine Schedule § 122-20 of the Code of the Town of Wappinger shall be amended as follows: 0 A) § 122-20 (F)(1)(a)is hereby amended to read as follows: [Chapter 71, Assemblies Mass Public] 0 (a) Minimum: $150. B) § 122-20 (I) is hereby amended to read as follows: coe L Chapter 93, Unsafe Buildings. Uj (1) § 93-13, fine: (a) Minimum: $150. (b)Maximum: $2,500. co C) § 122-20 (M)is hereby amended to read as follows: U. M. Chapter 127, Fires. (1) § 127-9, fine: (a) First Offense (1) Minimum: $150. (2) Maximum: $500. C4 D) § 122-20 (N)(1)(a)is hereby amended to read as follows: as [Chapter 133, Flood Damage Prevention] (a) Minimum: $150. 2 Packet Pg. 87 11.2.a E) § 122-20 (T)(1)(a)is hereby amended to read as follows: [Chapter 166, Noise] (a) Minimum: $150. F) § 122-20 (U)is hereby amended to read as follows: M. Chapter 171 Parks and Recreation (1) § 171-6, fine: (a) Minimum: $150. (b)Maximum: $500. G) § 122-20 (AA)is hereby amended to read as follows: AA. Chapter 206 Soil Erosion & Sediment Control (1) § 206-16, fine: U (a) Minimum: $150. (b)Maximum: $500. H) § 122-20 (GG)(1)(a)(1)is hereby amended to read as follows: 0 43 43 [Chapter 240, Zoning, First Offense] E [1] Minimum: $150. 0 I) § 122-20 (JJ)(1)(a)is hereby amended to read as follows: [Chapter 227, Towing, First Offense] [a] Minimum: $150. cb Section -V: Numbering for Codification: co It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and co sub-sections of this Local Law may be re-numbered or re-lettered to accomplish such intention; a U. the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. as 3 Packet Pg. 88 11.2.a Section -VI: Separability: The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or Cm circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or as impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative 3 intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted 7@ U if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had 0 not been included therein, and if such person or circumstance to which the Local Law or part 0 thereof is held inapplicable had been specifically exempt therefrom. E C Section -VII: Effective Date: 0 This Local Law shall become effective immediately upon filing with the Secretary of State as Cm provided by law Municipal Home Rule Law. CmCOe Ui CO C 4) Cm C 4) 4 Packet Pg. 89