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2016-07-11 Town of Wappinger 20 Middlebush Road Wappingers Falls,NY 12590 Regular Meeting townofwappinger.us Minutes — Joseph Paoloni (845)297-5771 Monday, July 11, 2016 7:30 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Lori A. Jiava Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM William Ciccarelli Town of Wappinger Councilman Present 7:30 PM John J. Fenton Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Grace Robinson Town of Wappinger Deputy Town Clerk Present 7:30 PM Jim Horan Consultant Attorney Present 7:30 PM II. Salute to the Flag III. Adoption of Agenda 1. Motion To: Adopt Agenda ........ ......... ........ ......... ..... .. ....... ..... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Accept Minutes 1. Motion To: Minutes of June 27, 2016 7:30PM ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz V. Correspondence Log RESOLUTION: 2016-213 Town of Wappinger Page 1 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-213 Q Adopted Yes/Aye No/Nay Abstain Absent .. .. .., .. .. .................. ❑ Adopted as Amended Lori A.Jiava Voter Q 0"" 0"" 0 .. .............. . ............ ................. .................. ................ ......., ❑ Defeated William H.Beale Voter Q ❑ ❑ ❑ .. ... ... .. ..... ...... ....... ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Seconder Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York July 11, 2016 The Resolution is hereby duly declared Adopted. VI. Public Hearings 1. Motion To: Open Public Portion ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Public Hearing on 2016 Local Law 2 on Solar Panels Attorney Horan summarized the progression of the law. He said the only impacts would be on visual impacts and on agricultural; land noted in part 2 of the assessment form. No environmental impact statement was needed to be provided. The planning board commented that they wanted to see only architectural review versus the full site plan process. No Comments were made from the Public. Town of Wappinger Page 2 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VII. Discussions 1. New Playgrounds: Martz Field and Robinson Lane Fields The progress of the playgrounds at Robinson Lane and Martz Field were addressed. Construction fence was placed around the playgrounds to prevent pre-mature use. No estimate was given to their final completion on these two unanticipated large projects surrounding the work by multiple departments and vendors. Mr. Frazier explained that one of the elements for delay was the safety issue surrounding the number of safety bars at the elevated levels of the structure as he awaited delivery of additional safety bars. Director Fulton agreed that she had all the safety standards for age limits, plans and certificates from the vendor. Steve Frazier said that he was to put up a retaining wall to remedy drainage issues. Councilman Ciccarelli asked who was responsible for the receiving of the equipment and it's placement on the basketball courts which rendered the courts unusable by the Day Camp participants. Supervisor Jiava addressed the cleanup of the park. Councilman Beale suggested a project manager and a single point of contact on projects of this size in the future. Also, addressed were Vendor Fees for community day which were raised from $25 to $50 dollars for the 'For-Profit' vendors. There was confusion on whether there were or were not charges in 2015 and on whether more or less should be charged. Ralph Holt said that only 7 vendors had signed up thus far, which is below last year's enrollment at the same time. Councilman Beale asked why full time employees cannot spend more time on community day to produce the positive results that he personally was able to achieve with volunteers. The board suggested that Director Fulton and her staff reach out to past community day vendors to increase enrollment. The board agreed that food is the main draw, yet they wanted to limited the duplication of food types allowing for more diversity. Mr. Esserman from the audience added that food vendors will make money despite the charge. Additionally, the effort to mail to prospective vendors must be followed up with phone calls. Councilman Beale agreed, cititng additional revenues that will be needed given the recommended limit that has been set on future tax increases. VIII. 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." 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 Town of Wappinger Page 3 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 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 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated WilliamFl.Beale ....................Mover .......Q............... ❑.................❑...... ❑..... ......... .. ....... ....... ...... ........ ....... ..... ....... .... ❑ Tabled William .. . . elli Secondee r Q ❑ ❑ ❑ ❑ Withdrawn 11 John J.Fenton..........................Voter... Q...... ❑.......,........❑...... ❑..... Michael Kuzmicz......................Voter..... .......Q........,.......❑.......,........❑...... ❑..... Dated: Wappingers Falls, New York July 11, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-180 Town of Wappinger Page 4 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 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 ❑ Ado p Lori A.Jiava....................... . .Voter Q...... ❑ ❑ ❑ ............ ... .. ❑ Defeated William H.Beale ...Seconder........Q....... ❑...... ❑ ❑ Q TabledWilliam Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton..........................voter..... .......Q..................❑................❑...... .....❑....... Next:8/8/16 7:30 PM ..... Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York July 11, 2016 The Resolution is hereby duly declared Tabled. 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 Town of Wappinger Page 5 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 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 "X'), 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. 5. Claims for all work performed on the property shall be audited and approved in accordance with Article 8 of the Town Law. 6. A notice stating the total amount due and the nature of the charge shall be mailed by the Town to the last known address of the person whose name appears on the records in the office of the Town Assessor as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to Section 185- 6 of the Town Code. The property owner shall have 10 days, after a copy of the notice establishing the costs and expenses is received to challenge any of the costs incurred by the Town. 7. After expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Assessor to the Town to be levied and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town charges. Town of Wappinger Page 6 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 8. The Town Clerk is directed to mail the annexed Order of Abatement (copy attached as Exhibit `B") within two (2) days hereof to the Property Owner at the addresses shown on said Order. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-199 Yes/Aye No/Nay Abstain Absent ❑ Adopted Lori A.Jiava ❑ ❑ ❑ ❑ ❑ Adopted as Amended William H.Beale ❑ ❑ ❑ ❑ ❑ Defeated ❑ Tabled William Ciccarelli ❑ ❑ ❑ ❑ Q Withdrawn John J.Fenton ❑ ❑ ❑ ❑ ............... .....,.. Michael Kuzmicz ................... ❑..........,........❑....... ❑... ......❑..... Dated: Wappingers Falls, New York July 11, 2016 The Resolution is hereby duly declared Withdrawn. RESOLUTION: 2016-206 Resolution Ordering The Abatement Of Property Maintenance Violations At 206 Widmer Road WHEREAS, Henry and Mary Veipert, are the last known owners of real property shown on the tax records and the tax map of the Town of Wappinger as Tax Parcel ID 4 6258-01- 476838, having a street address of 206 Widmer Road ("Property"); and WHEREAS, the Town records indicate that Celink Reverse Mortgage with a mailing address of P.O. Box 40724, Lansing, MI 48901-7924 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 30, 2016 and thereafter issued a Notice of Violation & Order to Remedy High Grass & Weeds dated June 30, 2016 (copy attached as Exhibit "N'), 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 July 11, 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 Town of Wappinger Page 7 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 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-2016-206 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale ...................Voter.. Q...... ❑ .....,...... ❑ .... ❑ ... ❑ Tabled William Ciccare lli Voter Q ❑ ❑ ❑ John J.Fenton.......................... d .........Q........,.......❑.......,...... ❑ Withdrawn Seconer ..❑...... ❑..... MichaelKuzmicz.....................Mover... .......Q........,.......❑.......,........❑...... ❑..... Dated: Wappingers Falls, New York July 11, 2016 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 8 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 RESOLUTION: 2016-207 Resolution Ordering The Abatement Of Property Maintenance Violations At 146 Widmer Road WHEREAS, Shirley A. Roth, John Roth and Stephen T. Cservak, Sr., are the last known owners of real property shown on the tax records and the tax map of the Town of Wappinger as Tax Parcel ID 4 6258-01-224668, having a street address of 146 Widmer Road ("Property"); and WHEREAS, the Town records indicate that Citi Financial with a mailing address of P.O. Box 9023, Des Moines, IA 50368 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 30, 2016 and thereafter issued a Notice of Violation & Order to Remedy High Grass & Weeds dated June 30, 2016 (copy attached as Exhibit "N'), 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 July 11, 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. Town of Wappinger Page 9 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 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-2016-207 Q Adopted Yes/Aye No/Nay Abstain Absent .. . ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated -William H.Beale ...................Voter Q .... ❑...... ❑...... ❑ ... ❑ Tabled William Ceccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York July 11, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-208 Resolution Ordering The Abatement Of Property Maintenance Violations At 1 Circle Drive WHEREAS, SD Funding, Inc., is the last known owner of real property shown on the tax records and the tax map of the Town of Wappinger as Tax Parcel ID # 6056-01-237810, having a street address of 1 Circle Drive ("Property"); and 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 30, 2016 and thereafter issued a Notice of Violation & Order to Remedy High Grass & Weeds dated June 30, 2016 (copy attached as Exhibit "N'), 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 Town of Wappinger Page 10 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 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 July 11, 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 11 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 ✓Vote Record-Resolution RES-2016-208 Q Adopted Yes/Aye No/Nay Abstain Absent .. .. .., .. .. .................. ❑ Adopted as Amended Lori A.Jiava Voter Q 0"" 0"" 0 .. .............. . ............ ................. .................. ................ ......., ❑ Defeated will H.Beale Voter Q ❑ ❑ ❑ ............................... ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton..................... . .Voter.... ......Q...... ......❑................❑...... ❑..... Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York July 11, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-209 Resolution Setting School Tax Collection Fee WHEREAS, the Town of Wappinger expends substantial sums of money for the assessment of real property within the Town, the collection of school taxes and the defense of tax certiorari litigation which are borne solely by the Town of Wappinger; and WHEREAS, the Receiver of Taxes of the Town of Wappinger collects School Taxes on behalf of the Wappinger Central School District, the Beacon City School District and the Arlington Central School District and remits the taxes collected to the School Districts; and WHEREAS, N.Y. Town Law § 37(1) authorizes the Town Board to impose a fee of up to one per centum (1%) of the amount of all school taxes assessed and levied as compensation for the services rendered by the Town to the school district for the collection of district taxes; and WHEREAS, the Town Board has determined that it is appropriate to impose a school tax collection fee to compensate the Town of Wappinger for the collection of school taxes for the three school districts within the Town; NOW, THEREFORE, BE IT RESOLVED, 1. The Town Board hereby fixes the school tax collection fee at per centum (NOT MORE THAN 1%) for thirty days after the first day specified in the notice for the payment of such taxes as well as for such other time period that the receiver is authorized to collect such school taxes. (After 30 days, the fee could be increased up to a maximum of 5% however, the computer systems of Dutchess County that print the tax bills cannot accommodate two separate fee rates.) 2. The Town Receiver of Taxes and Assessments, commencing with the next school district tax collection cycle, is hereby authorized to collect the school tax collection fee set in accordance with this resolution in addition to the school taxes due and such collection fee shall belong to the Town and shall be paid over to the Supervisor as required by law. 3. The Town Receiver of Taxes and Assessments is directed to include notice of the school collection fee in the statements of taxes mailed to taxpayers pursuant to Real Property Tax Law § 1322. 4. The Town Clerk is directed to send a copy of this resolution to the Receiver of Taxes and Assessments, the Wappinger Central School District, the Beacon City School District, the Arlington Central School District and the Dutchess County Department of Finance Office of Real Property Tax Service Agency. 5. This Resolution shall remain in effect from year to year until it is amended or repealed by the Town Board. Town of Wappinger Page 12 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-209 Yes/Aye No/Nay Abstain Absent ❑ Adopted Lori A.Jiava.......................... ❑...... ❑...... ❑...... ❑...... ...,... . ❑ Adopted as Amended William H.Beale ❑ ❑ ❑ ❑ ❑ Defeated ................................... ❑ Tabled William Ciccarelli ❑ ❑ ❑ ❑ Q Withdrawn John J.Fenton ❑ ❑ ❑ ❑ ........ Michael Kuzmicz .............. ❑. ❑....... ❑ ❑ Dated: Wappingers Falls, New York July 11, 2016 The Resolution is hereby duly declared Withdrawn. RESOLUTION: 2016-210 Resolution Requiring All Town Departments Obtain Approval From Supervisor Prior To Engaging Services WHEREAS, the Town Board is responsible for approving all Town department budgets and authorizing the expenditures pursuant to those budgets; and WHEREAS, the Town Board is responsible for keeping all expenditures within the limits of the approved budgets; and WHEREAS, the Town Board is responsible for keeping the Town within the 2%real property tax cap set forth under General Municipal Law Section 3-c; and WHEREAS, it has become increasingly difficult to deliver the services required by the Town and remain within the 2% real property tax cap; and WHEREAS, in order to remain under the 2%real property tax cap set forth under General Municipal Law Section 3-c all departments of the Town must stay within the budgets set and approved by the Town Board; and WHEREAS, to monitor budgets and spending to remain within the 2% real property tax cap the Town Board will now require that all Town Departments must receive approval by email from the Town Supervisor before engaging the services of any Town consultants including, but not limited to, the Engineer to the Town, the Attorney to the Town, the Town Planner, the IT Consultants, the Town's Bond Counsel, the Town's Financial Advisor, the Town's Auditor, etc. 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 requires that all Town Departments (including, but not limited to, Town Clerk, Town Board, Receiver of Taxes, Planning, Planning Board, Building, Zoning, Zoning Board of Appeals, Fire Inspector, Assessor, Recreation, Highway Department, Dog Warden, Buildings and Grounds Department, etc.) will now be required to obtain written approval by email from the Town Supervisor prior to seeking consultation with any consultant to the Town (including, but not limited to, the Engineer to the Town, the Attorney to the Town, the Town of Wappinger Page 13 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 Town Planner, the IT Consultants, the Town's Bond Counsel, the Town's Financial Advisor, the Town's Auditor, etc.). 3. The Town Board hereby authorizes the Town Supervisor to review and approve or deny any Town Department's request for consultation with any Town Consultant. All requests and approvals or denials must be in writing and responded to in a timely manner. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-210 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ......... ............. ............. ......., p Lori A.Jiava Mover Q ❑ ❑ ❑ ❑ Defeated ............ ............... ........ William H.Beale Voter Q ❑ ❑ ❑ Q Tabled Williamciccarelli....................Voter... ......Q....... ......❑........ .........❑....................... ❑..... Next:8/8/16 7:30 PM .. .. Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York July 11, 2016 The Resolution is hereby duly declared Tabled. RESOLUTION: 2016-211 Declaration Of Emergency Regarding Work Done At 40-42 Park Hill Drive WHEREAS, Camo Pollution Control, Inc. maintains, supervises and manages all of the Town's water and waste water treatment facilities, including the potable waterlines located within the Watch Hill Water Improvement Area; and WHEREAS, Park Hill Drive in the Town of Wappinger is located within the Watch Hill Water Improvement Area; and WHEREAS, on August 14, 2015, Camo received a call from a resident of 40 Park Hill Drive at 4:30 a.m. that he was having a water emergency; and WHEREAS, Camo's staff responded immediately and found a massive water main break which was flooding the entire area; and WHEREAS, there was significant damage done to premises located at 40 and 42 Park Hill Drive as set forth in the Memorandum dated August 14, 2015 from Michael P. Tremper of Camo Pollution Control, Inc. (Camo) to then Supervisor Barbara A. Gutzler, a copy of which is affixed to this Resolution and as further articulated in a separate Memorandum dated April 5, 2016 from Michael P. Tremper, a copy of which is also attached to this Resolution; and WHEREAS, Michael P. Tremper, as Vice President on behalf of Camo, was directed to make all necessary repair work on an expedited and emergency basis; and WHEREAS, Ward 2 Councilman William Ciccarelli was present, along with Highway Superintendent Vincent F. Bettina, and Engineer to the Town, Robert J. Gray, all of whom understood the corrective work was to be done on an emergency basis; and WHEREAS, Camo undertook the emergency repair work at a total cost of $40,714.05 and a voucher for that amount was sent to the Town on September 30, 2015; and WHEREAS, Camo has not been paid for said work; and WHEREAS, Ward 2 Councilman William Ciccarelli, Highway Superintendent Vincent Bettina and Engineer to the Town, Robert J. Gray, all confirm that the circumstances that existed Town of Wappinger Page 14 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 on August 14, 2015 on Park Hill Drive were of an emergency nature and Camo was directed to repair and restore the properties on an emergency basis. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and recited herein. 2. The Town Board hereby confirms that the work undertaken by Camo Pollution Control, Inc. on Thursday, August 14, 2015, in the vicinity of 40-42 Park Hill Drive in the Town of Wappinger was to be done on an expedited emergency basis and was directed to do so by then Supervisor Barbara A. Gutzler. 3. The Town Board confirms and ratifies that an emergency existed on August 14, 2015 in the vicinity of 40-42 Park Hill Drive in the Town of Wappinger caused by a massive water main break, causing damage to premises located at 40-42 Park Hill Drive and directs that the services performed by Camo were required on an emergency basis, and the fees charged were just and fair. 4. The Town Board directs that the vouchers submitted by Camo Pollution Control, Inc. on September 30, 2015 for the sum of$40,714.05 be paid and that the same be paid out of the Watch Hill Water Improvement area, account WH-8389.400 in four quarterly payments. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-211 ❑ Adopted Yes/Aye No/Nay Abstain Absent Q Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑ ....................... ....... ....... ....... ...... ❑ Tabled William ciccarelli Voter Q ❑ ❑ ❑ ... ❑ Withdrawn john 7.Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz......................Mover.... .......Q................❑................❑...... ❑..... Dated: Wappingers Falls, New York July 11, 2016 The Resolution is hereby duly declared Adopted as Amended. IX. Town Board Review of Vouchers RESOLUTION: 2016-212 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board - DD 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-DD Vendor A B DB AM (General (General (Highway (Ambulance Town Part Town) Fund) Fund ) Town of Wappinger Page 15 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 wide) Csmo 638.60 Csmo 455.00 Platt's 130.00 Central Hudson 107.14 Central Hudson 698.48 Central Hudson 47.76 Central Hudson 75.30 Central Hudson 25.08 Marshall &Sterling 150.00 Marshall &Sterling 981.40 N&S Supply 66.06 Southern Dut News 33.40 Home Depot 29.47 Home Depot 4.89 Home Depot 12.39 Home Depot 137.33 Home Depot 137.52 Home Depot 12.75 Home Depot 23.99 DC Sheriff Dept 8,288.04 Sedore & Co 2,540.00 Town of Wappinger Page 16 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 Thomson-West Law 208.00 Legion Fireworks 4,000.00 HO Penn 636.18 Coffee System 32.32 Arkel Motors 266.32 Hud River Truck Equi 178.00 Thalle Ind 148.70 Celia Sigalow Transla 140.00 Duthcess Metal 340.00 Advance Auto Parts 3.86 Tilcon 800.57 Staples 6.45 Staples 186.27 Staples 82.83 Staples 71.96 Staples 20.50 Westchester Tractor 704.81 Tony Basile 700.00 David Varco reimb 60.00 Optimum 175.60 Wells Fargo 327.56 Wells Fargo Town of Wappinger Page 17 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 272.43 272.42 Chase Visa 27.95 Tom Johnston clothin 141.52 Town Of East Fishkill 150.00 Wallact&Wallace 450.00 Matt Jordan 525.00 Michael Krisko Clothi 41.48 Mike Mindel 750.00 Michael Gregory 20.00 HV Renegades 790.00 Mobile Life Support 6,965.04 Amazon 115.80 Amazon 33.67 Auto Zone 177.83 Life Assist 35.70 Dutchess Proprint 9.60 Sarjo Ind 31.98 DC Public Transit 14,490.00 Hyde Park Roller Maj 475.00 Joe Johnson Equip 370.99 David Cole 500.00 NYSTCA Dues 75.00 Town of Wappinger Page 18 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 NY Board Survey 300.00 JK Power Equip 25.00 Edward Hurley 500.00 Williams Lumber 277.47 Standard & Poors 945.00 4,320.00 Herring Sanitation 825.00 Tracy DeLuca 550.00 NYS Assessor Assoc 175.00 MVP Gold Premium 3,147.90 MVP H/I Premium 26,724.71 3,948.44 25,851.86 Dep of Water Supply 151.37 Justice Court Fund 29,044.75 Polsinello Fuels 312.10 Ready Refresh Water 158.24 Allstate Big Top Portajohns 110.00 Island Pump Tank 272.40 Sarjo Ind 182.68 Total $92,299.32 $14,269.20 $34,694.30 $6,965.04 Vendor T14 WU Paid Town Board Hold (Allstate (Wapp insurance ) United Town of Wappinger Page 19 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 Water) Csmo 638.60 Csmo 455.00 Platt's 130.00 Central Hudson 107.14 Central Hudson 698.48 Central Hudson 47.76 Central Hudson 75.30 Central Hudson 25.08 Marshall &Sterling 150.00 Marshall &Sterling 981.40 N&S Supply 66.06 Southern Dut News 33.40 Home Depot 29.47 Home Depot 4.89 Home Depot 12.39 Home Depot 137.33 Home Depot 137.52 Home Depot 12.75 Home Depot 23.99 DC Sheriff Dept 8,288.04 Sedore & Co 2,540.00 Thomson-West 208.00 Law Legion Fireworks 4,000.00 HO Penn 636.18 Coffee System 32.32 Arkel Motors 266.32 Hud River Truck 178.00 Equi Thalle Ind 148.70 Celia Sigalow 140.00 Transla Duthcess Metal 340.00 Advance Auto 3.86 Parts Tilcon 800.57 Staples 6.45 Staples 186.27 Staples 82.83 Staples 71.96 Staples 20.50 Westchester 704.81 Tractor Town of Wappinger Page 20 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 Tony Basile 700.00 David Varco reimb 60.00 Optimum 175.60 Wells Fargo 327.56 Wells Fargo 544.85 Chase Visa 27.95 Tom Johnston 141.52 clothin Town Of East 150.00 Fishkill Wallact&Wallace 450.00 Matt Jordan 525.00 Michael Krisko 41.48 Clothi Mike Mindel 750.00 Michael Gregory 20.00 HV Renegades 790.00 Mobile Life Support 6,965.04 Amazon 115.80 Amazon 33.67 Auto Zone 177.83 Life Assist 35.70 Dutchess Proprint 9.60 Sarjo Ind 31.98 DC Public Transit 14,490.00 Hyde Park Roller 475.00 Maj Joe Johnson Equip 370.99 David Cole 500.00 NYSTCA Dues 75.00 NY Board Survey 300.00 JK Power Equip 25.00 Edward Hurley 500.00 Williams Lumber 277.47 Standard & Poors 13,500.00 8,235.00 Herring Sanitation 825.00 Tracy DeLuca 550.00 NYS Assessor 175.00 Assoc MVP Gold 3,147.90 Premium MVP H/I Premium 56,525.01 Dep of Water 151.37 Supply Town of Wappinger Page 21 Printed 7/21/2016 Regular Meeting Minutes July 11, 2016 Justice Court Fund 29,044.75 Polsinello Fuels 312.10 Ready Refresh 158.24 Water Allstate 1,112.04 1,112.04 Big Top Portajohns 110.00 Island Pump Tank 272.40 Sarjo Ind 182.68 Total $1,112.04 $8,235.00 $0.00 $157,574.90 $0.00 $157,574.90 $157,574.90 I,Joseph P. Paoloni,Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting June 27, 2016, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-212 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ . ❑ Defeated William H.Beale ...................Mover...,....... Q ......,..... ❑ .... ❑ .....,..... ❑ ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton..................... . .Voter. Q...... .....❑...... .. ......❑. ❑.. Michael Kuzmicz......................Voter..... .......Q........,.......❑.......,........❑...... ❑..... 11 11 Dated: Wappingers Falls, New York July 11, 2016 The Resolution is hereby duly declared Adopted. X. Items for Special Consideration/New Business Councilman Kuzmicz asked about the timetable for the speed study on Diddell road. Supervisor Jiava said that it will be done morning, afternoon, and evening. Councilman Beale asked about the location of our speed trailer. Supervisor Jiava said she would request Sergeant Beagor's presence to answer questions about the speed trailer. 1. Motion To: Approve Volleyball Program Director Fulton presented the Volleyball program which is detailed in the correspondence log, item number 2016-07-11-006. Town of Wappinger Page 22 Printed 712112016 Regular Meeting Minutes July 11, 2016 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [4 TO 11 MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Lori A. Jiava, William H. Beale, William Ciccarelli, Michael Kuzmicz NAYS: John J. Fenton 2. Summer Camp Councilman Beale addressed the procedures for closing under certain circumstances of the town's summer camp and the graffiti at that location at Martz Field. He asked the director to work on a policy and present it to the board so the parent's can understand. XI. Executive Session 1. Motion To: Enter Executive Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Return From Executive Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz XII. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:41 PM. Joseph P. Paoloni Town Clerk ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 23 Printed 7/21/2016 0 0 0 0 0 CO CO s00000000 izz Cn r T T T r r r r r T r r T r \ \ \ \ \ \ \ Q � N MO O p- r Q Q C= . . - . -- - - �� uq a) O N 0 N ._ Q >, to Cu 0 >1 U Q A C Cn m d m > CL o0000000 V r r r T T r r N X0000000 0 \ \ \ \ \ \ \ O In In f- ti ti 0 Q � � ti ti ti ti � r Cm O 0 0 0 0 0 0 0 e 0 0 0 0 0 0 0 N N N N N N NCM \ \ \ \ \ \ e I�\ O ti tiO O � N \ N ui CD LO CD CDr Cm e r O 0 O � L LL E U QV Co 0 J E - L N O O O ca C m o 0 O LL O L 0 (n m > O V O U LLO "� C (6 N > in U > m 2 0 U O c6 m m m m m 0 0 0 0 > 0 0 mmmm � mm L , d r N m � 0 0 I` .L2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I i I 1 1 1 1 0 0 0 0 0 0 0 Packet Pg. 24 . 5.1.a HIGHWAY SUP'ERINT'ENDENT TOWN lr'V N OF WAPPI GER SUPERVISOR Vincent Bettina - Lori A.Jiava 845-297-4158 Main 10 HIGHWAY DRIVE WAPPINGER,S FALLS,NY 12590 { ° j TOWN BOARD Email-VbettinaCa4awnofwappinger us ! William 11 Beale (845)297-9451 Office - - — ? William Ciccarelli (845)298-0524-Fax John Fenton Michael Kuzmicz SECRETARY Karol Kelly "-'- TOWN CLERK Office of the SUperinfende -- -- - Josep-Y aao oni-._ Highways June 27, 2016 JUN 19 2016 Dear Town Board Members, TOWN OF WAPPINGER RE BLACKTOP FUNDS RESOLUTION 2016-188 TOWN CLERK CLC Be advised that Tilcon New York, Inc. has quoted$54.00 per ton for type 6 top blacktop for the 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. cm 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 cm US Department of Labor. co j The blacktop quantities and road length were calculated and submitted by Bob Gray PE of Morris Associates and total 4.91 miles. cm 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 ° rental rate of machinery with operators. 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. There will be a need to export the millings from Quiet Acres and this may be accomplished at no cost to the Town by allowing the excess material to be removed from a focal 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. 25 5.1.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 (� ! el-tv L CL V) 2 e CD cm Ui CD cm CD e e I e i Packet Pg. 26 TOWN QE W"PINGER CODE ENFORCEMENT OFFICER Susan Dao-Ext 125 0 SUPERVISOR Sal Morello-Ext 142 .;`` ,� Lori A.Jiava ZONING ADMIN STRATOR TOWN BOARD Barbara Roberti-Ext,128 , '-— William H.Beale PLANNING BOARD&ZONING William Ceccarelli ---------BOARD OF APPEALS SECRETARY ---- - - - __ John Fenton-_ Beatrice Ogunti-Ext 122 -"'t Michael Kuzmicz FIRE INSPECTOR BUILDING DEPARTMENT Marls Liebermann-Ext 127 20 MIDDLE-BUSH ROAD WAPPINGERS FALLS,NY 12590 CLERICAL.ASSISTANT (845)297-6256 Michelle Gale-Ext 123 Fax(845)297-0579 F To: Lori Jiava CL Town Board Members Town Clerk ® f i From: Susan Dao, Code Enforcement Officer Date: July 5,2016 cm Re: Chapter 185—Property Maintenance Public Hearing.on July 11,2016 cmcoe Monday July 11, 2016 the following properties are before the town board for Chapter 185 — �- Property Maintenance violations of high grass. These 3 properties have been posted on their front door and a violation notice has been sent cm e certified,return receipt. Please post these addresses.on the web site and on our community board out front, 1. 1 Circle Drive !, 2. 206 Widmer Road 3.. 146 Widmer Road JUL 05 2016 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 27 TOWN OF WAPPINGER PROPERTY MAINTENANCE LAIN` CHAPTER 185 OF TOWN CODE NOTICE OF VIOLATION & ORDERTO REMEDY HIGH GRASS & WEEDS TO: DATE: June 30,2016 -------._______ COMPLAINT#:-2016-259 TAX PARCEL ID: 6157-04-752367 OWNER(S) OF RECORD: Hent�ary Yeipert PROPERTY ADDRESS: 206 Widmer Road MAILING ADDRESS: 206 Widmer Road.Wappingers Falls,NY 12590 J MORTGAGEE/LIENHOLDER OF RECORD: Celink Reverse Mortgage MORTGAGEE/LIEN-HOLDER MAILING ADDRESS: PO BOX 40724,Lansing,MI 48901-7924 e CL 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 fromm becoming overgrown and unsightly.Yards shall be maintained so that grasses and weeds shall not exceed 10 inches in height. cm On June 30. 2016 at 1 a.m../&the Code Enforcement Official of the Town of Wappinger cm inspected your Property and determined that grasses and/or weeds on the Property exceed ten (10) LLj 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 or before seven days from the date of this order,that is T—ul3r 7.,2016. The Town Board of the Town. of Wappinger will hold a hearing on Tiny 11, 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 York 12590, to determine whether the Property is in compliance with the standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town Code), The owner, lessee, tenant,. occupant or other person having charge of the Property has an Izi 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. SUSAN DAO CODE ENFORCEMENT OFFICIAL Packet Pg. 28 Page 1 of I CL I V) I, CM CD CD CM LLJ CM CDe e i u rA. 7 http:/u7rw.municitymedia.comfWappinger/Parce,1/7729/`Picture%202016-06-3 0%2012.571... 7/5/2016 Packet Pg. 29 M, �'F°$IA��x' i l : C 4 � � f TM Fd+�a^Y;' y? ^nen. 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M y 8"IX N.V^ �'A A 1� lV:➢. � F' �. t�L � Sd+�! �.:�f �f1 Y`�1 5I"�C�l4li.' f: t, TOWN OF WA:PPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE NOTICE OF VIOLATION & ORDER TO REMEDY HIGH GRASS & WEEDS TO: DATE: June 30,2016 ----- -- --- - COMPLAINT#: 2016-260 TAX PARCEL ID: 6157-04-752367 OWNER(S) OF RECORD: Shirley A.Roth,&Stephen T. Cservak PROPERTY ADDRESS: 146 Widmer Road MAILING ADDRESS: 146 Widmer Road,Wappingers Falls,NY 12594 MORTGAGEE/LENHOLDER OF RECORD: Citi Financial MORTGAGEE/LIENHOLDER MAILING ADDRESS: PO BOX 9023,Des Moines,IA 50368 CL 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 cm that grasses and weeds shall not exceed 10 inches in height. On June 30,2016 at r� a.m./ .m the Code Enforcement Official of the Town of Wappingercm e inspected your Property and determin.e:i zma grasses and/or weeds on the Property exceed ten 10 P � P �y g p rty � ) 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 July 7,2016. e The Town Board of the Town of Wappinger will hold a hearing on July 1,1 2, 016 at 7:30 p.m., or as soon thereafter that the hearing can take place, at the Town of Wappinger Town Hall located at 20 Middlebush Road, Wappingers Falls, New York 1.2590, 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 o 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 alien 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. SUSAN DAO CODE ENF(JRCEMENT OFFICIAL Packet Pg. 32 5.1.a 5 .y i Has .;(v n k+a. � s. .� i t ". 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' taat 'i,y.rr �'-' "aa`w,sF •+ �'"{�n^nr° 4�l�f15�"' '' jt {•` n`, ''� Cm CM LLJ CM CD .a:�v+ �`t3.�� v Jia' � °w y"�3•�•{ 11 �L�r!+tt it 1x*..a"'�"'�>' �. ��r' .�qu•'%''�i k� .t '�s+�" ��u0.��iu., �� F ��. �`'t�� ' ..� �. —+d'"$ ,.� `i°..>�•.YrC�'�r�,�•vxr ",�' •+nye +x�.� t e e e i Packet Pg. 35 5.1.a i TOWN OF WAPPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE NOTICE OF VIOLATION & ORDER TO REMEDY HIGH GRASS & WEEDS TO: IJATE: June 30,20-16 -------— COMPLAINT#: 2016-262 TAX PARCEL ID: 6056-01-23781 OWNER(S) OF RECORD: SD Funding Inc j PROPERTY ADDRESS: 1 Circle Drive MAILING ADDRESS: 1 Croton Point Avenue Croton-on-Hudson NY 10520 ® f l MORTGAGEE/LIENHOLDER OF RECORD: MORTGAGEE/LIENHOLDER MAKING ADDRESS: CL 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 shaft be maintained so cm that grasses and weeds shall not exceed 10 inches in height. On June 30 2016 at /i'0Pi a.m./Cn , the Code Enforcement Official of the Town of Wappingercm inspected your Property and deteimined that.grasses and/or weeds on the Property exceed ten (10) co 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 ordet,that is.Jul 7,201G. e The Town Board of the Town of Wappinger will hold a hearing on by 11, 2016 at 7:30 pm., or as soon thereafter that the hearing can take place, at the Town of Wappinger Town Hall located at 20 Middlebush Road, Wappingers Falls, New York 12590, to determine whether the Property is in compliance with the standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town Code). The owner, lessee, tenant,- occupant or other person having charge of the Property has an Izi 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. M 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,tape 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. 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PROPERTY ADDRESS: 1 Circle Drive TAX PARCEL ID: 6056-01-237810 ("PROPERTY") MAILING ADDRESS: 1 Croton Point Avenue, Croton-on-Hudson,NY 10520 MORTGAGEE OF RECORD: MORTGAGEE MAILING ADDRESS: cm PLEASE TAKE NOTICE that the Code Enforcement Officer ("Enforcement Official') of the Town of Wappinger determined that weeds and/or grass on the Property exceeds ten (10) inches in height which violates cm 185-3(C) of the Town of Wappinger Code. On June 30, 2016, the Enforcement Official issued an Order to Remedy co which directed that the weeds and/or grass should be cut and the violations existing on your property be cured on or Uj before July 7,2016. In accordance with Chapter 185 of the Town Code, the Enforcement Official filed a written report with the Town cm Board of the Town of Wappinger noting that he/she has inspected the Property and found that weeds and/or grass e on the property exceeded ten (10) inches and the Property were not in compliance with the property maintenance requirements of Chapter 185. At its July 11 2016 meeting, the Town Board of the Town of Wappinger considered the re ort.of the Enforcement J Y P Official and any evidence presented at the meeting and,pursuant to the provisions of Chapter 185 of the Town Code, duly adopted a resolution that determined the height of weeds and/or grass on the property exceeded ten (10) inches Zi in height and the Property was not in compliance with the property maintenance requirements of Chapter 185. PLEASE TAKE FURTHER NOTICE that the Town Board authorized employees of the Town, or its agents or contractors, to enter onto the Property to cut the weeds and/or grass on the Property and assess cc the cost of such remediation against the Property and the expense so assessed shall constitute a lien and charge on the Property until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town taxes. If the weeds and grass on the property have been cut, please notify the Town of Wappinger Code Enforcement Department immediately at(845)297-6256. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Dated:July 12,2016 JOSEPH P.PAOLONI J U L 0 7 2016 TOWN CLERK TOWN OF WAPPINGER Exhibit "B" TOWN CLERK Packet Pg.40 TOWN OF WAPPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE NOTICE OF VIOLATION & ORDER TO REMEDY HIGH G11,11ASS & WEEDS TO: DATE:June 30,2016 COMPLAINT#: 2016-259 TAX PARCEL ID: 6258-01-476838 OWNER(S) OF RECORD: Henry& Mary Veipert PROPERTY ADDRESS: 206 Widmer Road MAILING ADDRESS: 206 Widmer Road Wappingers Falls,NY 12590 MORTGAGEE/LIENHOLDER OF RECORD: Celink Reverse Mortgage MORTGAGEE/LIENHOLDER MAILING ADDRESS:P.O.Box 40724,Lansing,MI 48901-7924CL 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, omamental bushes and trees shall be kept pruned and trimmed and free from becoming overgrown and unsightly. Yards shall be maintained so cm that grasses and weeds shall not exceed 10 inches in height. On June 30, 2016 at 12:55 p.m., the Code Enforcement Officer ("Enforcement Official") of the Town of cm co Wappinger inspected your Property and determined that grasses and/or weeds on the Property exceed Ui 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 e or before seven days from the date of this order, that is July 7, 2016. e The Town Board of the Town of Wappinger will hold a hearing on Ju1y11, 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 York 12590, to determine whether the Property is in compliance with the standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town Code). .. The owner, lessee, tenant, Occupant or other person having charge of the Property yhas 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. SUSAN DAO CODE ENFORCEMENT OFFICIAL Exhibit "A" Packet Pg.41 5.1.a � gE TOWN OF WAPPINGER { PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE NOTICE OF VIOLATION & ORDER OF ABATEMENT HIGH WEEDS & GRASS TO: COMPLAINT#: 2016-260 OWNER(S) OF RECORD: Shirley A. Roth,John Cservak& Stephen T. Cservak, Sr. PROPERTY ADDRESS: 146 Widmer Road TAX PARCEL ID: 6258-01-224668 ('PROPERTY") MAILING ADDRESS: 146 Widmer Road CL MORTGAGEE OF RECORD: Citi Financial MORTGAGEE MAILING ADDRESS: P.O. Box 9023,Des Moines, JA 50368 I PLEASE TAKE NOTICE that the Code Enforcement Officer ("Enforcement Official") of the Town of Wappinger determined that weeds and/or grass on the Property exceeds ten (1.0) inches in height which violates cm 185-3(C) of the Town of Wappinger Code. On June 30, 2016, the Enforcement Official issued an Order to Remedyco ° Which directed that the weeds and/or grass should be cut and the violations existing on your property be cured on or before July 7,2016. In accordance with Chapter 185 of the Town Code, the Enforcement Official filed a written report with the Town cm Board of the Town of Wappinger noting that he/she has inspected the Property and found that weeds and/or grass on the property exceeded ten (10) inches and the Property were not in compliance with the property maintenance requirements of Chapter 185. At its July 11, 2016 meeting, the Town Board of the Town of Wappinger considered the report.of the Enforcement Official and any evidence presented at the meeting and,pursuant to the provisions of Chapter 185 of the Town Code, duly adopted a resolution that determined the height of weeds and/or grass on the property exceeded ten (10) inches in height and the Property was not in compliance with the property maintenance requirements of Chapter 185. PLEASE TAKE FURTHER NOTICE that the Town Board authorized employees of the Town, or its agents or contractors, to enter onto the Property to cut the weeds and/or grass on the Property and assess the cost of such remediation against the Property and the expense so assessed shall constitute alien and charge on the Property until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town taxes. If the weeds and grass on the property have been cut, please notify the Town of Wappinger Code Enforcement Department immediately at(845)297-6256. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER I!, Dated:July 12,2016 JOSEPH P.PAOLONI TOWN CLERK Exhibit "g„ Packet Pg.42 TOWN OF WAPPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE NOTICE. OF VIOLATION & ORDER TO REMEDY HIGH GRASS & WEEDS TO: DATE:J une 30 2016 - - -.-- COMPLAINT #: 2016-262 TAX PARCEL ID: 6056-01-237810 OWNER(S) OF RECORD: SD Funding, Inc. PROPERTY ADDRESS: 1 Circle Drive MAILING ADDRESS: 1 Croton Point Avenue, Croton-on-Hudson,NY 10520 MORTGAGEE/LIENHOLDER OF RECORD: MORTGAGEE/LIENHOLDER MAILING ADDRESS: PLEASE TAKE NOTICE that§ 185-3(C) of the Town of Wappinger Code provides that: All landscaping facilities and plantings,whenever exposed to public view, shall be maintained so that lawns, hedges, shrubbery, ornamental bushes and trees shall be kept pruned and trimmed and free from becoming overgrown and unsightly. Yards shall be maintained so cm e thatrasses and weeds shall not exceed 10 inches in height. cm g g On June 30, 2016 at 1:50 p.m., the Code Enforcement Officer ("Enforcement Official") of the Town of co Wapp er inspected your Property and determined that grasses and/or weeds on the Property exceed Uj ten 10 inches in height and the roe is unsightly in violation of 185-3(C). ( ) g P property g Y � 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 July7,2016. The Town Board of the Town of Wappinger will hold a hearing on July 11 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 York 12590, to determine whether the Property is in compliance with the standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town Code). Izi r- 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 othererson having g charge of an remises does not comply with this Order to Remedy, the Town of Wappinger intends to � YP PY Y PP b 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. SUSAN DAO CODE ENFORCEMENT OFFICER/ ENFORCEMENT OFFICIAL Exhibit "A►" Packet Pg.43 5.1.a TOWN OF WAPPINGER kw £ PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE NOTICE OF VIOLATION & ORDER OF ABATEMENT HIGH WEEDS & ,GRASS TO: COMPLAINT#: 2016-259 OWNER(S) OF RECORD: Henry&Mary Veipert PROPERTY ADDRESS: 206 Widmer Road TAX PARCEL ID: 6258-01-476838 ("PROPERTY") MAILING ADDRESS: 206 Widmer Road,Wappingers Falls, NY 12590CL MORTGAGEE OF RECORD: Celink Reverse Mortgage MORTGAGEE MAILING ADDRESS: P.O. Box 40724,Lansing,MI 48901-7924 PLEASE TAKE NOTICE that the Code Enforcement Officer ("Enforcement Official') of the Town of Wappinger determined that weeds and/or grass on the Property exceeds ten (10) inches in height which violates cm 185-3(C) of the Town of Wappinger Code. On June 30, 2016, the Enforcement Official issued an Order to Remedy co which directed that the weeds and/or grass should be cut and the violations existing on your property be cured on or Uj before July 7,2016. In accordance with Chapter 185 of the Town Code, the Enforcement Official filed a written report with the Town cm e Board of the Town of Wappinger noting that he/she has inspected the Property and found that weeds and/or grass e on the property exceeded ten (10) inches and the Property were not in compliance with the property maintenance requirements of Chapter 185. At its July 11, 2016 meeting, the Town Board of the Town of Wappinger considered the report.of the Enforcement Official and any evidence presented at the meeting and,pursuant to the provisions of Chapter 185 of the Town Code, duly adopted a Resolution that determined the height of weeds and/or grass on the property exceeded ten (10)inches in height and the Property was not in compliance with the property maintenance requirements of Chapter 185. PLEASE TAKE FURTHER NOTICE that the Town Board authorized employees of the Town, or its jagents or contractors, to enter onto the Property to cut the weeds and/or grass on the Property and assess the cost of such remediation against the Property and the expense so assessed shall constitute alien and charge on the Property until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town taxes. If the weeds and grass on the property have been cut, please notify the Town of Wappinger Code Enforcement Department immediately at(845)297-6256. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Dated:July 12,2016 JOSEPH P.PAOLONI TOWN CLERK Exhibit "B" Packet Pg.44 TOWN OF WA PPINGER PROPERTY MAINTENANCE LAW CHAPTER 185 OF TOWN CODE NOTICE .OF VIOLATION & ORDER TO REMEDY HIGH GRASS & WEEDS TO: DATE:June 30,2016 COMPLAINT #: 2016-260_ TAX PARCEL ID: 6258-01-224668 OWNER(S) OF RECORD: Shirley A. Roth,John Cservak& Stephen T. Cservak, Sr. PROPERTY ADDRESS: 146 Widmer Road MAILING ADDRESS: 146 Widmer Road,Wappingers Falls,NY 12590 MORTGAGEE/LIENHOLDER OF RECORD: Citi Financial U MORTGAGEE/LIENHOLDER MAILING ADDRESS:P.O.Box 9023,Des Moines,IA 50368 0. 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 cm thatrasses and weeds shall not exceed 10 inches in height. g g OnJ une 30 2016 at 1:10 p.m., the Code Enforcement Officer ("Enforcement Official ) of the Town of cm co 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 S 185-3(C). The grasses and/or weeds on the Property must be mowed or trimmed below ten (10) inches in height oncm e or before seven days from the date of this order, that is July 7, e The Town Board of the Town of Wappinger will hold a hearing on July 11, 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 York 12590, to determine whether the Property is in compliance with the standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town Code). The owner, lessee, tenant, occupant or other person having charge of the Property has an opportunity to appear and be heard at said public hearing to offer proof that the property is in compliance with the standards of Chapter 185 or that additional time is needed to take corrective action to cure the violation. PLEASE TAKE NOTE THAT if the Property owner, lessee, tenant, occupant or other person having charge of any premises does not comply with this Order to Remedy, the Town of Wappinger intends to enter onto the property, take corrective action, and assess the costs of the corrective action as a lien against the property and levy such lien on the Town tax bill if not paid. If the grasses and/or weeds on the property have been cut and the Property is brought into compliance, please notify the Town of Wappinger Code Enforcement Department at (845) 297-6256 to halt further proceedings. SUSAN DAO CODE ENFORCEMENT OFFICER/ ENFORCEMENT OFFICIAL Exhibit "A" Packet Pg.45 TOWN OF WAPPINGER TOWN JUSTICE • 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: Tuesday 5:30 P.M. as 2nd and 4th Wednesdays 5:30 P.M. July 7, 2016 1st and 3rd Thursdays 5:30 P.M. CL V) Supervisor Jiava and Members of the Town Board Town Hall 20 Middlebush Rd. cm Wappingers Falls,NY 12590 cm Dear Supervisor Jiava and Members of the Town Board: co Uj The following cases were disposed of while I presided over the Justice Court during the month of June 2016: cm e I 243 Vehicle & Traffic law matters resulting in$31,299.00 collected in fines and fees. 16 Penal Law matters resulting in$505.00 collected in fines and fees. 18 Civil matters resulting in$248.00 collected in fees. 9 Termination of Suspension matters resulting in$735.00 collected in fees. 1 Local Law matters resulting in$25.00 collected in fees. 1 NYCRR Law matter resulting in$400.00 collected in fines. 1 Environmental Conservation Law matter resulting in$75.00 collected in fines. 1 Town Ordinance matter resulting in$0.00 collected in fines. 1 DNA matter resulting in$50.00 collected in fines. I have forwarded a check in the amount of$34,137.00 to the Town of Wappinger on July 6, 2016. Additionally I am holding $36,900.00 in pending bail. Respectfully submitted, MCD Heather L. Kitchen JUL 0 5 2016 Town Justice cc: Joseph Paoloni, Town Clerk TOWN OF WAPPINGER TOWN CLERK Packet Pg.46 JUNE 2016 ( V MONTHLY REALTY TAX REPORT V A B C D E F G H 1 2 RECEIVER OF TAXES 3 4 Begin. Book Balance $ 1,239,859.87 * Begin. Bank Balance $ 1,239,860.48 5 June Receipts $ 449,135.75 $ 449,135.75 6 Interest $ 19.19 $ 19.19 7 Less Disbursements $ (642,927.99) $ (642,927.99) 8 $ (8.03) $ (8.03) 9 $ (976,009.76) $ (976,009.76) -10._ Returned Checks $ (23,339.45) _ __ $ (23,339.45) 11 Ending Book Balance $ 46,729.58 * Ending Bank Balance $ 46,730.19 12 13 *.60 discrepancy due to bank error on 4/29 14 *.01 discrepancy due to bank error on 5/11 15 16 17 Submitted by: 18 CL 19 20 21 Lee Anne Freno, Receiver of Taxes e LLJ e e i e JUL 0 7 2016 TOWN OF WAPPINGER TOWN CLERK Packet Pg.47 JUNE 2016 REALTY TAX RECEIPTS A B C D E F G H I J 1 (DATE (AMOUNT BATCH ITAX PENALTY IMEMO NOTICE OVR/DUPEj INTEREST RETURNED 2 RECEIVED NO. FEE FEE PAYMENT 1 CHECK FEE 3 6/1/2016 $ 17,473.16 146 $ 17,126.61 $ 342.55 $ 4.00 4 6/1/2016 $ 122,084.82 144 $ 119,669.45 $ 2,393.37 $ 22.00 5 6/6/2016 $ 178,128.56 147 $ 174,493.53 $ 3,598.03 $ 5.00 $ 32.00 6 6/6/2016 $ 13,109.09 148 $ 12,614.87 $ 441.58 $ 6.00 $ 46.64 7 6/7/2016 $ 24,373.96 149 $ 23,876.60• $ 497.36- 8 6/10/2016 $ 13,517.88 150 $ 12,993.74 $ 520.14 $ 4.00 9 6/14/2016 $ 18,915.94 151 $ 18,348.04 $ 563.90 $ 4.00 10 6/20/2016 $ 17,822.79 . 152 $ 17,114.23 $ 684.56 $ 4.00 20 11 6/27/2016 $ 31,735.32 • 153 $ 30,503.17 $ 1,220.15 $ 12.00 —__ 12 6/30/2016 $ 11,974.23 . 155 $ 11,509.84 $ 460.39 $ 4.00 $ 19.19 13 Less Returned Checks: 14 6/2/2016 $ (20,682.26) 1441 $ (20,276.73) $ (405.53) check no.1048 15 6/2/2016 $ (438.77) 143 $ (428.21) $ (8.56) $ (2.00) check no.148 16 6/2/2016 $ (2,218.44) 145 $ (2,174.92) $ (43.50) check no.144 0 17 18 Total $ 425,796.28 $ 415,370.22 $ 10,264.44 $ 5.00 $ 90.00 $ 46.64 $ 19.19 20 0 0 CL0 0 04e 04 LLJ 04 e it e e 0 0 Packet Pg.48 JUNE 2016 REALTY TAX DISBURSEMENTS A B C D E F G H 1 (DATE (AMOUNT DCCF SUPERVISOR IOVR/DUP ICHECK NO 2 DISBURSED PAYMENT 3 4 6/10/2016 $ 8,112.48 $ 8,112.48 Penalty 1668 5 6/10/2016 $ 505.00 $ 505.00 Memo Fee 1669 6 6/10/2016 $ 499.80 $ 499.80 Interest 1670 7 6/13/2016 $ 506,480.95 $ 506,480.95 1671 8 6/30/2016 $ 127,329.76 $ 127,329.76 1672 10 ITOTALS $ 642,927.99 $ 633,810.71 $ 9,117.28 Cme Cm Co Cm e e Packet Pg.49 JUNE 2013 MONTHLY SCHOOL TAX REPORT 1-- j A B C D E F G H 2 RECEIVER OF TAXES 3 4 Beginning Book Balance $ 20.23 5 June Receipts $ - 6 June Interest $ - 7 Less Disbursements $ (20.23) check 1300 S Ending Balance $ - final interest payment to Supervisor 10 11 12 Submitted by: 0 13 14 15 Lee Anne Freno, Receiver of Taxes CL e LLj cm e e i � e I E� Packet Pg. 50 JUNE 2016 WATER/SEWER RECEIPTS A B C D E I F G H I 1 DATE AMOUNT #OF TRANSACTIONS 2 RECEIVED PROCESSED 3 4 6/1/2016 $ 8,115.44 56 5 6/6/2016 $ 4,680.21 34 6 6/6/2016 $ 939.77 5 7 6/9/2016 $ 122.65 1 8 6/9/2016 $ 3,989.51 26 -9---- 6/-13/2016 _ _ . $ 3,716.57 18. - --- 10 6/13/2016 $ 8,103.22 43 11 6/14/2016 $ 1,435.84 7 12 6/16/2016 $ 15,287.67 82 13 6/17/2016 $ 8,727.48 48 14 6/17/2016 $ 9,356.44 49 15 6/20/2016 $ 581.13 3 16 6/21/2016 $ 15,653.59 88 CL 17 6/23/2016 $ 6,407.87 36 18 6/23/2016 $ 5,646.61 29 19 6/27/2016 $ 4,507.67 23 20 6/28/2016 $ 11,951.22 22 04 21 6/29/2016 $ 6,914.08 34 22 6/30/2016 $ 4,522.73 25 04 23co Uj 24 $ 120,659.70 629 25 26 Submitted by: 04 27 28 29 Lee Anne.Freno, Receiver of Taxes i Packet Pg. 51 0 V FREDERICK P. CLARK ASSOCIATES, INC. PLANNING,TRANSPORTATION,ENVIRONMENT AND DEVELOPMENT JUN 2 9 2016 RYE,NEW YORK FAIRFIELD,CONNECTICUT PLANNING DEPARTMENT DOWN Or WAPPFNGER DAVID H.STOLMAN MEMORANDUM ACCP,PP PRESIDENT MICHAEL A.GALANTE To: Robert L. Valdati, Chairman, and VICE R�Es DENT the Town of Wappinger Planning Board 350 THEO.FREMD AVE. RYE,NEW YORK so58oDate: June 29, 2016 914 967-6540 FAX:914 967-6615 Subject: BJ's Gas Station Proi ect—SEQRA CONNECTICUT 203 255-3100 As requested, we have prepared the following attached draft documents for HUDSON VALLEY our review and use. We recommend that the Planning Board as Lead 845 297-6056 y g LONG Ise OND Agency, adopt the Positive Declaration for the reasons stated therein. CL 516 364-4544 { rom 1. Resolution Acknowledging Lead Agency Status and Adopting a www.fpPositive Declaration. emalWpdark.corn e 2. Positive Declaration (Part 3 of Environmental Assessment Form) and Attachment. cm co I look forward to discussing the attached documents with you. David H. Stolman,AICP, PPcm President I Attachments cc: Vincent F. Bettina Robert J. Gray, PE Barbara Roberti nD Albert P. Roberts,Esq. W E C�O V ED David S. Steinmetz, Esq. Edward J. Phillips,Esq. JUL 0 7 2016 Nathaniel J. Parish, PE, AICP David K. Gordon,Esq. TOWN OF WAPPINGER TOWN CLERK j:\docs2\500\wappinger\bjs 555 pos dec covendhs.docx Packet Pg. 52 PLANNING BOARD TOWN OF WAPPINGER,NEW YORK BJ's GAS STATION PROJECT RESOLUTION ACKNOWLEDGING LEAD AGENCY STATUS AND ADOPTING A POSITIVE DECLAMATION WHEREAS, the Town of Wappinger Planning Board has received an application from BFs Wholesale Club, Inc. (the "Applicant") for Special Use Permit and Amended Site Development Plan Approvals for the construction of a members-only gasoline filling station with six pumps (12 dispensers), a canopy and a kiosk within an existing parking lot adjacent to the BFs Wholesale Club (the"Proposed Action" or"Project"); and WHEREAS, the subject property is located at 1404 Route 9, and is designated 6157- CL 02-707773 on the Town tax maps (the "Subject Property" or"Site"); and WHEREAS, the Planning Board has categorized the Proposed Action as a Type I action in accordance with the Wappinger Environmental Quality Review (WEQR) chapter cm of the Town code;and cm WHEREAS, the application(s) has been accompanied by an expanded Full co UJ Environmental Assessment Form (EAF); and WHEREAS, the Planning Board circulated a Declaration .of Intent to be Lead cm Agency to all the Involved Agencies for this Pro'ect in accordance with the State g Y g J Environmental Quality Review Act (SEQRA); and WHEREAS, no Involved Agency has objected to the Planning Board acting as Lead Agency for the Project and the 30 calendar days in which to voice such an objection under SEQRA have expired. NOW THEREFORE, BE IT RESOLVED, that the Planning Board makes the following determinations: 1. The Planning Board designates itself as the Lead Agency for this Project. 2. The Planning Board has given due consideration to the Full EAF and accompanying documentation addressing the Project. 3. The Planning Board has reviewed and considered Part 617.7(c) of the SEQRA regulations which contains the criteria for determining significance with respect to the Project. Packet Pg. 53 BJ'S GAS STATION PROJECT—RESOLUTION ACKNOWLEDGING LEAD AGENCY STATUS AND ADOPTING A POSITIVE DECLARATION 4. The Planning Board determines that the Proposed Action may have a significant adverse impact on the environment and, therefore, the Planning Board hereby issues a Positive Declaration for the Project, thereby requiring the preparation of a Draft Environmental Impact Statement (DEIS) for the reasons stated in the attached Positive Declaration (Part 3 of EAF). 5. The Planning Board hereby directs that the Positive Declaration shall be filed and published in accordance with Part 617.12 of the SEQRA regulations. 6. The Planning Board hereby directs the Applicant to prepare and submit a Draft Scope for the DEIS as required by Part 617.8(b) of the SEQRA regulations. Resolution Adopted: ,2016 CL 0 Wappingers Falls,Ne York 0 CM Rob rt L. Valdati, Cha anDate Town of Wappinger Planning Board CM e LLJ Attachment: Positive Declaration(Part 3 of EAF) and Attachment e jAdocs2\500\wappinger\bjs 555 pos dec pm.dhs.docx e 0 0 2 Packet Pg. 54 5.1.a I IDD En QD JUN 2 9 2016 POSITIVE DECLARATION PLANNILOF EPARTMENT B3's GAS STATION PROJECT TOWN VAFPIrJGER ATTACHMENT TO PART 3 OF FULL ENVIRONMENTAL ASSESSMENT FORM --- -Description of Action: The Town of Wappinger Planning Board has received an application from BFs Wholesale Club, Inc. (the "Applicant") for Special Use Permit and Amended Site Development Plan Approvals for the construction of a members-only gasoline filling station with six pumps (12 dispensers), a canopy and a kiosk within an existing parking lot adjacent to the BFs Wholesale Club (the "Project" or "Proposed Action"). SEQRA Classification: Type I Action Location: 1404 Route 9, Town of Wappinger, Dutchess County, and designated on the Town tax maps as 6157-02-707773 (the "Site" or"Subject Property"). cm Reasons Supporting This Determination: Based on the criteria outlined in Part 617.7(c) of the New York Code of Rules and Regulations (the implementing regulations of the New cm York State Environmental 'Quality Review Act) and based upon a review of the Full co Environmental Assessment Form and all other application materials that have been prepared to-date,the Town of Wappinger Planning Board, as Lead Agency, has determined that the Proposed Action may have the following significant adverse impacts on the cm environment: e 1. Criteria: a substantial adverse change in existing.... ground .or surface water quality or quantity....; a substantial increase in potential for erosion, flooding, leaching or drainage problems; As specified in the Full Environmental Assessment Form, an aquifer exists below c the property on which the.gas station is proposed to be constructed. Further, a substantial wetland exists on the subject property as well. The Planning Board believes that the potential may exist for contamination of the aquifer and/or wetland due to seepage and/or stormwater runoff of the accidental spillage or leakage of gasoline. 2. Criteria: the impairment of the character or quality of.... [the] existing community or neighborhood character; The Planning Board believes that the potential may exist for the proposed gas station to result in significant adverse economic impact to other gas stations in the Packet Pg. 55 Positive Declaration—BJ's Gas Station Project Attachment to Part 3 of Full Environmental Assessment Form area thereby potentially causing significant adverse impairment to the character or quality of the existing community. 3. Criteria: changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; and/or 4. Criteria: two or more related actions....approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria..... The above mentioned potential impacts are not intended to represent a scope of the Draft Environmental Impact Statement,but instead describe the reasons for requiring that a DEIS be prepared for the Proposed Action. The subject matter to be addressed in the DEIS will CL be described in detail in the Final Scope for the DEIS to be adopted by the Town of Wappinger Planning Board. Scoping: The L, ad Agency will conduct a public Scoping Session regarding the content CM of the DEIS on , 2016. CM A copy of this notice has been filed with: 0° Ui v'Supervisor Lori A. Jiava v'Town of Wappinger Zoning Board of Appeals CM t/Dutchess County Department of Planning and Development Dutchess County Department of Behavioral and Community Health ° t/New York State Department of Environmental Conservation „"'New York State Department of Transportation P BJ'S Wholesale Club, Inc. t," David S. Steinmetz, Esq.. .. Edward J. Phillips,Esq. Nathaniel J. Parish, PE,AICP David K. Gordon,Esq. `� This determination has been provided to ENBAdec.ny.gov for publication of this 05noticein the Environmental Notice Bulletin. jAdocs2\500\wappinger\bjs 555 pos dec attach.dhs.docx 2 Packet Pg. 56 . 5.1.a Agency Use Only (tfApplicablel Project:F's Gas Station Projed Dace: Jjune29,2016 Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and.Importance of Project Impacts and Determination of Significance l Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. e Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: e Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers-factors such as severity, size or extent of an impact. ® Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. CL a The assessment should take into consideration any design element or project changes. Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental'impact. Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact For Conditional Negative Declarations identify the specific condition(s)unposed that will modify the proposed action so that s no significant adverse envirorun.ental impacts will result. a Attach additional sheets,as needed. e UJ I SEE ATTACHMENT e e � E I I t i i Determination of Significance-'Type 1 and Unlisted actions SEAR Status: ®Type I ❑Unlisted ldentify portions of EAF completed for this Project: ®Part I ®Part 2 ®Part 3 Packet Pg. 57 Upon review of the information recorded on this EAP,as noted,plus this additional support information and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the Town of Waooinoer Planning Board as lead agency that: f❑ A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact j statement need not be prepared. Accordingly,this negative declaration is issued. B. Although this project could have a significant adverse impact on the environment,that impatt will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617:4). [fQ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. CL V) Name of Action BJ's Gas Station Project ?Mame of Lead Agency: Town of Wappinger Planning Board i 'name of Responsible Officer in Lead Agency: Robert L.Valdati CM CD Title of Responsible Officer: Chairman. 04 ��` Date: e Signature of Responsible Officer in Lead Agene �D)�� Signature of Preparer(if different from Responsible Officer) ©avid H.Sto an,AICP.PP,President,FPGA Date: ,lune 29,2016 04 For Further Information:. Contact Person:Beatrice Ogunti,Planning Board Secretary Address: town of Wappinger Building Department,Wappinger Town Hail,20 Niiddtebush Road,Wappingers Falls,NY 12590 Telephone:lumber (845)297-6256 E-mail:bogunti@townofWappingerus For Type l Actions and Conditioned Negative Declarations,a copy of this.Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g..Town!City/Village ofl Other involved agencies(if any') Applicant(if any) cc Environmental Notice Bulletin; httn"i�r« dec.nv =�r en.h.-enb.htmi 1 RINT FULL F©RM Page 2 of 2 € ----� Packet Pg. 58 TOWN OF WAPPINGER I v 20 MIDDLEBUSH ROAD ✓ RECREATION DIRECTOR WAPPINGERS FALLS,NY 12590 '` ` . � Jessica Fulton WWW.TOWNOFWAPPINGER.US RECREATION COMMITTEE CHAIR (845)297-4158-Main Ralph Holt (845)297-0720-Direct (845)592-7433-Fax s '' RECREATION SECRETARY Donna Lenhart Recreation Department MEMO TO: LORI JIAVA, TOWN SUPERVISOR - —--- WILLIAM BEALE, COUNCILMEMBER WILLIAM CICCARELLI, COUNCILMEMBER JOHN FENTON, COUNCILMEMBER MICHAEL KUZMICZ, COUNCILMEMBER FROM: JESSICA FULTON, RECREATION DIRECTOR DATE: July 6,2016 SUBJECT: Volleyball Last year, the Town Board approved the start of an outdoor volleyball program. Initially, the program was slated to run last year, but a budget overage in our aerobics line forced us to shelve the program until this year. The search for an instructor took a while, but the program is now cm ready to run.We have scheduled the program to begin August 2nd at the Martz Field volleyball co courts and it will run in hour and a half on Tuesday and Thursday nights. cm 'O"6k wdh)A80 1P1F@gj1FEN@ 12 Um@&a Mum wMing@ � @ [ oda JUL 07 2016 cpcocTOWN OF WAPPINGER .� p0i6 P.M. TOWN CLERK ftm yip�m as RwnT ®n �®Mc@ 6.9 4®= Hdo 1 Packet Pg. 59 I would like to request that the Board approve the luring of Maria Cardascia as our instructor at $19/11r. If the clinic reaches the full capacity of 12 students,we will need to hire an assistant at the rate of$10/lir. Maria applied for a job as a summer camp counsellor and discussed her experience with volleyball.This year we had very few spots for new lures at summer camp,but Ryan Leone and I were very impressed with Maria. She has a wonderful energy that will motivate her students. I have explained to Maria that if the program does not receive proper enrollment,the class will be cancelled for this session and her services will not be needed. Jessica Fulton Recreation Director C C CL V) I CD LLJ CDe e e e I i C W U 2 Packet Pg. 60 rev 1/22/16 OFFICE USE ONLY . Q Original O Amended Date rtEWYORK State Liquor Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a SFATEflF„ Authority Local Municipality or Community Board (Page 1 of 2) 1. Date Notice Was Sent: MA'1 25 i Z(3i 6 1a.Delivered by: I WZ--tI P1 EZ •tI 41L fZEiur,N AZO-r-_19-T9-GnUCS1CD 2. Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage License New Application ❑ Renewal ❑Alteration ❑ Corporate Change ❑ Removal ❑Class Change For New applicants,.answer each question below using all information known to-date. - -------- - For Renewal applicants,set forth your approved Method of Operation only. For Alteration applicants,attach a complete written description and diagrams depicting the proposed alteration(s). For Corporate Change applicants,attach a list of the current and proposed corporate principals. For Removal applicants,attach a statement of your current and proposed addresses with the reason(s)forthe relocation. For Class Change applicants,attach a statement detailing your current license type and your proposed license type. This 30-Day Advance Notice is Being Provided to the,Clerk of the following a ocal Municipality or Commuirtity Board 3. Name of Municipality or Community Board: Of= CL0 Applicant/Licensee Information 4. License Serial Number,if Applicable: Expiration Date,if Applicable: 5. Applicant or Licensee Name: C osm j tOt_ta z 1-L-C liC14e 6. Trade Name(if any): d`(tta ti Gi 13`:,v i 7. Street Address of Establishment: i SZG rNIy 8. City,Town or Village: I POU GJH K U_9Si E ,NY Zip Code:1 I Zt0,3 W 9. Business Telephone Number of Applicant/Licensee: 4q:(5- X625 e 10. Business Fax Number of Applicant/Licensee: ' e 11. Business E-mail ofApplicant/Licensee: rnay)a i C,-,bevI d'zU C ma;I Coo ® ; -12. Type(s)of Alcohol sold or to be sold: ❑Beer&Cider [j5 Wine,Beer&Cider [-]-Liquor,Wine,Beer&Cider i 'II 13. Extent of Food Service: Full food menu; ❑Menu meets legal minimum food availability requirements; Full Kitchen run by a chef or cook Food prep area at minimum 14. Type of Establishment: SES T r�O i21�QST InEL i 15. Method of Operation: ❑Seasonal Establishment [] Juke Box ❑ Disc Jockey �Recorded Music ❑ Karaoke (Check all that apply) ❑ cc Live Music(Give details:i.e.rock bands,acoustic,jazz,etc.); ❑ Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑Topless Entertainment ❑Video/Arcade Games ❑ Third Parry Promoters ❑Security Personnel ❑ Other(specify): 16. Licensed Outdoor Area: None ❑ Patio or Deck ❑ Rooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure (Check all that apply) ❑Sidewalk Cafe ❑ Other(specify): Packet Pg. 61 rev 1/22/16 OFFICE USE ONLY O Original Q Amended Date nwYoax State.Liquor Standardized NOTICE FORM for Providing 3Q-Day Advanced Notice to a POANI Authority Local Municipality or Community-Board j (Page 2 of 2) II! 17. List the floor(s)of building that the establishment is located on: i=1 ZSZ' FLCXS12 18. List the room number(s)the establishment is located in within the MF� ; building,if appropriate: -_------fig. Is the premises located within 500 feet of three or more on-premises liquor establishments? 0Yes ONo 20. Will the license holder or a manager be physically present within the establishment during all hours of operation? ®Yes 0 No 21. If this is a transfer application(an existing licensed business is being purchased)provide the name and serial number of the licensee. 22. Does the applicant or licensee own the building in which the establishment is located? Q Yes(1f Yes SKIP 23-26) NoCL - — - Owner of the Building in Which the Licensed Establishment is Located 23. Building Owner's Full Name: i..AWL -,GNCG I)EVELOPlIn EjS-t s i2SR-L�y P--Lk-0- 24. -L—0-24. Building Owner's Street Address: I (p'3 i2.aUZir. `j StiiZE its CM 25,. CD I City,Town or Village:-___..s=1- -v II l�C___.._ State: Ny.__.- _ __..Zip Code; -->a.2s LLI._ _.- ._ _ ....._._ CD 26. Business Telephone Number of Building Owner: ° Representative or Attorney representing the Applicant in Connection with the application for a license to traffic in alcohol at the establishment identified in this notice 27. Representative/Attorney's Full Name: �r Q W pcy e 28. Street Address: 0 $OX (y y L4 2.9. City,-rown or Village: kI NGS i O N State: IJY Zip Code: l2c(02— lt4c4H I 30. Business.Telephone Number of Representative/Attorney: t(�_If per 31. Business Email Address: , n b Lull Pf n C r C ct Mum; C5(4 M I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are inconformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon,and that false representations may result in disapproval of the application or revocation of the license. By my signature,I affirm-under Penalty of Perjury-that the representations made in this form are true. I i i 32.Printed Name: t� L-) Tstle (,�;}�EaA Meima42 Signature: X•• Packet Pg. 62 8.1.a LOCAL LAW NO. 2 OF THE YEAR 2016 co 0 U. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: T Section -L• Title: 0 This Local Law shall be known and cited as "Adoption of Zoning Provisions for Solar Energy 0 Systems for the Town of Wappinger." Section -IL• Amendment of Article II of Chapter 240 to Add Definitions to Regulate0 Solar Energy Systems Section 240-5 of Article H (Definitions) of Chapter 240 (Zoning) of the Town of Wappinger Code shall be amended by adding the following definitions: d 3 (1) BUILDING INTEGRATED PHOTOVOLTAIC PRODUCT. A building product that incorporates photovoltaic modules and functions as a component of the building envelope, which includes photovoltaic siding,photovoltaic canopies and awnings,photovoltaic shingles and other photovoltaic roof coverings. (ICC Code Def) (2) BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM. A solar energy system that uses BUILDING INTEGRATED PHOTOVOLTAIC PRODUCTS. C4 M co (3) GROUND MOUNTED SOLAR ENERGY SYSTEMS. A solar energy system mounted on a structure,pole or series of poles constructed specifically to support the photovoltaic system and attach it to the ground and not attached to any other structure. GROUND MOUNTED SOLAR ENERGY SYSTEMS include Ground Mounted Photovoltaic Systems and Ground Mounted Solar Thermal Systems. > as (4) NET ENERGY METERING Use of a net energy meter to measure the net amount of electricity supplied to the premises equipped with a Solar Energy System less the N electricity provided by the Solar Energy System to the electric corporation. Net metering shall be in accordance with NY Public Service 0 Law §66-j. 0 co (5) PHOTOVOLTAIC MODULE. A complete, environmentally protected unit consisting of solar cells, optics and other components, exclusive of a tracker, designed to generate DC power when exposed to sunlight. (ICC Code Def) F:\0)Chris\Local Laws\Local Law Filing\2016\Local Law 2\LL Solar Power Zoning Rev 2016-06-20.docx Last Saved: 7/11/2016 12:22 Packet Pg. 63 8.1.a (6) PHOTOVOLTAIC PANEL. co A collection of modules mechanically fastened together, wired, and 0 designed to provide a field-installable unit. (ICC Code Def) U. (7) PHOTOVOLTAIC PANEL SYSTEM. .T A system that incorporates discrete photovoltaic panels, that converts solar 0 radiation into electricity, including rack support systems. (ICC Code Def) c" (8) QUALIFIED SOLAR INSTALLER 0 A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers C4 for the purposes of this definition. C4 d (9) ROOFTOP MOUNTED SOLAR ENERGY SYSTEMS. A solar energy system installed on or above the roof covering. ROOFTOP MOUNTED SOLAR ENERGY SYSTEMS include Rooftop Mounted U Photovoltaic Systems and Rooftop Mounted Solar Thermal Systems. (10) ROOFTOP MOUNTED PHOTOVOLTAIC SYSTEM. A photovoltaic panel system installed on or above the roof covering. Rooftop Mounted Photovoltaic System are comprised of photovoltaic panels that are fixed and flush-mounted to the roof, rack supported systems that may be articulated and titled or a combination of the two. Rooftop Mounted Photovoltaic System does not include Building C4 e Integrated Photovoltaic Products like photovoltaic roof coverings. co UjW (11) SOLAR COLLECTOR CD C C4 A solar photovoltaic cell,panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat. (12) SOLAR ENERGY SYSTEM. The components and subsystems required to convert solar energy into electric or thermal energy suitable for use. Solar Energy Systems include, 0 but is not limited to, solar photovoltaic(PV) systems, and solar thermal N as systems. 0 (13) SOLAR FARM A Ground Mounted Solar Energy System that is intended to generate co electricity or thermal energy for commercial sale in the electricity or energy markets. Ground Mounted Photovoltaic Systems that are net metered and exceed the kW thresholds in the definition of"Solar electric 2 Packet Pg. 64 8.1.a generating equipment" found at Public Service Law § 66 j(1)(d), are co considered a Solar Farm. A Solar Farm is a principal land use for the 0 U. parcel on which it is located. A Ground Mounted Solar Energy System where the surface area of the solar collectors is greater than 2.0 acres is deemed to be a Solar Farm, notwithstanding that is located on a lot with T another use. (14) SOLAR ENERGY EQUIPMENT Solar collectors, controls, energy storage devices, heat pumps, heat N exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored,protected from unnecessary dissipation and distributed. 0 (15) SOLAR THERMAL SYSTEM. An arrangement or combination of solar energy equipment using thermal solar energy to provide space heating or cooling, hot water heating, C4 production of steam and swimming pool heating. C4 d (16) UNIFIED SOLAR PERMIT The New York State Unified Solar Permit or such other uniform permit promulgated by NYSERDA or other State agency which provides for an U expedited building permit review process for Small-Scale Roof-Mounted Photovoltaic System Residential and Commercial Solar Electric. 0 The following definitions found in Section 240-5 of Article H(Definitions) of Chapter 240 (Zoning) e of the Town of Wappinger Code shall be amended to read as follows: C4 M co UJ (17) UTILITY, PUBLIC W An electrical substation, electrical transmission line, municipal pump C4 station, water tower, municipal garage, firehouse, telephone substation and/or any utility approved by the Public Service Commission or other regulatory agency. A Solar Energy System that is not subject to NYS C4 Public Service Commission Approval is not a Public Utility. Section -III: Amendment of Article V of Chapter 240 "Regulations Applicable to All Districts" to Regulate Solar Energy Systems 0 The Code of the Town of Wappinger shall be amended by adding a new section to the end of Article V of Chapter 240"Regulations Applicable to All Districts"which shall read as follows: 0 co 3 Packet Pg. 65 8.1.a "§ 240-36.3 Solar Energy Systems co 0 U. A) Purpose & Intent (1) Solar energy is a renewable energy resource that can prevent fossil fuel T emissions and reduce a municipality's energy load. Energy generated 0 from solar energy systems can be used to offset energy demand on the 0. electrical grid where excess solar power is generated. 0 (2) Federal and State subsidies and tax incentives make the installation of solar energy systems financially attractive to the residents and property owners of the Town of Wappinger and may result in reduced energy costs. 0 (3) The use of solar energy equipment for the purpose of providing electricity and energy for heating and/or cooling is a priority and is a necessary component of the Town's current and long-term sustainability agenda. C4 (4) This section aims to promote the accommodation of solar energy systems d and the provision for adequate sunlight and convenience of access necessary therefor. 7@ U B) Applicability 0 (1) This Section shall apply to all Solar Energy Systems installed after its effective date. Modifications to an existing Solar Energy Systems that 0 increases the Solar Energy Systems area by more than 5% of the original footprint or changes the solar panel type (e.g. photovoltaic to solar thermal) shall be subjected to this Section. (2) Solar Energy Systems for which a valid Certificate of Completion or co Occupancy has been issued prior to the effective date of this Section are ua W not subject to the requirements of this Section but shall be maintained in good working order and are subject to the New York State Uniform Code C4 and other applicable laws, rules and regulations. (3) Any building permit for a Solar Energy System that has been properly issued prior to the effective date of this Section but shall be maintained in good working order and are subject to the New York State Uniform Code and other applicable laws, rules and regulations. 0 C) General Provisions as 0 0. (1) No Solar Energy System shall be installed or operated in the Town of L_ Wappinger except in compliance with this Chapter. 0 co (2) All Solar Energy Systems, including those installed as on-farm equipment Izi in an Agricultural District, shall require a building permit and a certificate of occupancy/compliance upon completion. E 4 Packet Pg. 66 8.1.a (3) No Solar Energy System shall be operated without a certificate of CO occupancy or a certificate of compliance. 0 U_ (4) All Solar Energy Systems shall comply with the New York State Uniform Fire Prevention and Building Code and The New York State Energy .T Conservation Construction Code established pursuant to New York 0 Executive Law § 3 81(2) ("NYS Uniform Code"). 0., (5) The installation of all Photovoltaic Panel Systems must be performed by a 0 qualified solar installer. (6) Any connection to the electric grid must be made under an approved interconnection agreement and must be inspected and approved by the 0 electric utility. (7) Solar energy systems shall be maintained in good working order. D) Building-Integrated Photovoltaic (BIPV) Systems d (1) BIPV systems integrated into one family dwellings and accessory buildings for one family dwellings are permitted accessory uses in all zoning districts. 0 (2) BIPV systems integrated into new or existing buildings, other than one family dwellings, are subject to site plan or special permit approval in the 0 same manner as the building in which they are installed. (3) BIPV systems are subject to all applicable zoning requirements for the building into which they are integrated. C4 M CO E) Rooftop Mounted Solar Energy Systems UJ (1) Rooftop Mounted Solar Energy Systems are permitted accessory uses in C4 all zoning districts. (2) Rooftop Mounted Solar Energy Systems installed on one family dwellings and accessory buildings for one family dwellings are permitted accessory uses in all zoning districts. (3) Rooftop Mounted Solar Energy Systems installed on new or existing 0 buildings, other than one family dwellings, are subject to site plan or special permit approval in the same manner as the building in which they are installed. 0 (4) Notwithstanding the provisions of§240-22, solar collectors may exceed CO the maximum height limitations for the zoning district provided that such structures are erected only to such height as is reasonably necessary to accomplish the purpose for which they are intended to serve, however in E 5 Packet Pg. 67 8.1.a no event shall the solar collector exceed the height limitation in the district co by more than six feet. 0 U. (5) Non-Conforming Uses. Rooftop Mounted Solar Energy Systems are permitted to be installed on a building housing a non-conforming use .T provided they conform to the other requirements of this section. 0 0. (6) Dimensionally Non-Conforming Buildings. Rooftop Mounted Solar Energy Systems may be installed on existing buildings that do not 0 N conform to the setback requirements of the district provided that they do not increase the non-conformity. Rooftop Mounted Solar Energy Systems may be installed on existing buildings that do not conform to the height requirements of the district provide they comply with subdivision (4) above. (7) Roof Mounted Photovoltaic Systems installed on one or two family dwellings may be reviewed under the Unified Solar Permit. C4 d F) Ground Mounted Solar Energy Systems. (1) Building permits are required for the installation of all Ground-Mounted Solar Energy Systems. (2) Ground Mounted Solar Energy Systems as an accessory use to a one or two family dwelling are allowed by special permit issued by the Planning Board in all zoning districts subject to the provisions of§ 240-57. (3) Ground Mounted Solar Energy Systems as an accessory use to primary uses other than a one or two family dwelling or farm operation are Q permitted in all zoning districts of the Town subject to special use permit co Ui and site plan approval subject to the provisions of§ 240-57. (4) Ground Mounted Solar Energy Systems that occupy an area greater than 50% of the footprint of the primary structure(s) shall be considered a Solar Farm which is a principal use. C4 (5) A Solar Farm is a principal use allowed in accordance with the Schedule of Uses subject to special use permit and site plan approval. (6) Non-Conforming Uses. Ground Mounted Solar Energy Systems are N permitted to be installed on a lot housing a non-conforming use provided they conform to the other requirements of this section. 0 G) Solar Energy Systems on Farm Operations in Certified Agricultural Districts 0 co (1) No Solar Energy Systems may be installed on a Farm Operation in a Certified Agricultural Districts without the issuance of a building permit as required by the Uniform Code. E 6 Packet Pg. 68 8.1.a (2) Roof Mounted Solar Energy Systems are permitted accessory uses on co Farm Operations in Certified Agricultural Districts subject to the issuance 0 of a building permit as required by the Uniform Code. (3) Ground Mounted Solar Energy Systems that are considered to be On Farm .T Equipment in accordance with the guidance of the NYS Department of 0 Agriculture and Markets are permitted without site plan approval, however 0., they are subject to a limited special permit review by the Planning Board. For purposes of this review the applicant shall provide: N (a) Copies of any plans, drawings & specifications of the Ground 0 Mounted Solar Energy System required by the Uniform Code; (b) Sketch of the parcel on a location map (e.g., tax map) showing a boundaries and dimensions of the parcel of land involved and 5 identifying contiguous properties and any known easements or rights-of-way and roadways. Show the existing features of the site C4 including land and water areas, wetlands and special flood hazard C4 areas and the approximate location of all existing structures on or z immediately adjacent to the site. Show the proposed location of the � Ground Mounted Solar Energy System as well as any access roadways and utility connections, such sketch need not be prepared U by a design professional; (c) Authorization of the owner if the applicant is not the owner of the property; and (d) Application form and fee. (4) Ground Mounted Solar Energy Systems on farms that are not"on farm equipment" are Solar Farms subject to special permit and site plan e approval. co UJW (5) Solar Farms in certified agricultural districts should be located in such a Q manner to minimize impacts to the most productive agricultural soils on the property. Section -IV: Amendment of Article VIII of Chapter 240 "Supplementary Special > Permit Uses Regulations" to Regulate Solar Energy Systems The Code of the Town of Wappinger shall be amended by adding a new section to the end of 0 N Article VII of Chapter 240 "Supplementary Special Permit Uses Regulations" which shall read as 0 follows: 0 "§ 240-57 GROUND MOUNTED SOLAR ENERGY SYSTEMS A) Ground Mounted Solar Energy System as an Accessory Use 7 Packet Pg. 69 8.1.a (1) Ground Mounted Solar Energy Systems, as an accessory use to a single co family dwelling, are allowed by special permit issued by the Planning 0 Board without site plan approval in all zoning districts of the Town provided that: T (a) the surface area of the solar collectors of such ground mounted solar energy system is 50% or less of the footprint of the primary a. structure on the parcel, and (b) the surface area of such ground mounted solar energy system shall N not exceed 0.5 acres; (2) Ground Mounted Solar Energy Systems, as an accessory use for all primary uses other than a single family dwelling or farm, are permitted in all zoning districts of the Town subject to site plan approval provided that: (a) the surface area of the solar collectors of such ground mounted solar energy system is 50% or less of the footprint of the primary � structure on the parcel, and d Z (b) the surface area of such ground mounted solar energy system shall not exceed 2.0 acres. 7@ U (3) Ground Mounted Solar Energy Systems located on a lot with another principal use shall be considered a Solar Farm if the surface area of the solar collectors exceeds the limits set forth in subdivisions (1)(b) and (2)(b) above. B) Solar Farms e (1) A Solar Farm is a principal use allowed in the R-40/80, RA-3, RA-5, Al C4 and COP Districts subject to special use permit and site plan approval. co w (2) Site Plan Approval Required. A site plan application shall be submitted Q and reviewed in accordance with the provisions of Article IX of this Chapter for all Solar Farms. (3) A Ground Mounted Solar Energy System that is sole use on a lot is C4 considered to be a Solar Farm regardless of size. (4) Ground Mounted Photovoltaic Systems that are net metered and exceed the kW thresholds in the definition of"Solar electric generating N equipment" found at Public Service Law § 66 j(1)(d), are deemed to be Solar Farms and shall be a principal land use for the parcel on which it is 0 located regardless of the presence of another use. 0 co (5) Ground Mounted Solar Energy Systems located on a lot with another principal use shall be considered a Solar Farm if the surface area of the panels exceeds 50% of the footprint of the primary structure(s), exceed 0.5 acres in area for lots with a single family dwelling, or exceed 2.0 acres in 8 Packet Pg. 70 8.1.a area for all other lots. A Solar Farm on a lot with another principal use is co only permitted in the zoning districts set forth in subdivision (1) above. 0 U- 0 (6) Power and communication lines. Power and communication lines running between banks of solar panels and to nearby electric substations or .T interconnections with buildings shall be buried underground. Exemptions 0 may be granted in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the N Planning Board. (7) Aviation Protection. For Solar Farms located within 500 feet of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or C4 most recent version adopted by the FAA. C4 d (8) Where an interconnection with an electric public utility is proposed, evidence of consent by the utility for the connection shall be demonstrated. U 0 (9) Decommissioning. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The site plan shall include provisions for removal of all supporting structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site. The Town may require the posting of a bond, C4 e letter of credit or the establishment of an escrow account to ensure proper co Ui decommissioning. C) Special Permit Standards for All Ground Mounted Solar Energy Systems e (1) All portions of the Ground Mounted Solar Energy System must meet all applicable setback requirements for primary structures in the zoning district in which it is located. (2) Solar Collectors shall not be included in any calculation of impervious surface or impervious cover, however the base or foundation of the Solar N Collector shall be included in any calculation. 0 (3) Ground Mounted Solar Energy Systems shall meet all other applicable zoning district requirements. 0 (4) Where a Ground Mounted Solar Energy Systems is located within 100 feet of an adjacent property in a residential district or a street, it shall be screened by existing vegetation or topography or through the use of 9 Packet Pg. 71 8.1.a architectural features, earth berms, landscaping, or other screening which CO will harmonize with the character of the property and surrounding area. 0 U_ (5) The height of the solar collector and any mounts shall not exceed 15 feet above the ground. T 0 (6) There shall be a 10 foot brush free area around the Ground Mounted Solar Energy System and suitable access means for firefighting equipment or such other clearances that may be required by the Uniform Code. 0 N D) Additional Special Permit Standards for Accessory Ground Mounted Solar Energy Systems 0 (1) Ground Mounted Solar Energy Systems installed as accessory uses are permitted in a side yard or rear yard. (2) The Planning Board may permit the installation of Ground Mounted Solar Energy Systems as an accessory use in a front yard upon a showing that 6 such Solar Energy System may not be located in a side or rear yard and that the system may be adequately screened. The Planning Board may impose any reasonable conditions to protect adjacent properties and the public in general. (3) Ground Mounted Solar Energy Systems installed as accessory uses shall not be considered as a building for purposes of determining building coverage of the lot. E) Additional Special Permit Standards Solar Farms (1) Solar Farms are only permitted on lots that conform to the minimum lot CO size in the district in which they are located except, in the R-40/80 District the minimum lot size shall be sixty (60) acres. C4 e (2) In a residential district, the total surface area of the solar collectors shall not exceed 10% of the lot area and the total impervious surface for the solar farm shall not exceed 15% of the lot area. C4 (3) In a commercial district, the total surface area of the solar collectors shall not exceed the maximum building coverage percentage for the district in which it is located. N (4) Solar Farms in the R-40/80 District shall have a 300-foot setback and 0 IL existing trees within the setback should not be removed, except for access roads and utility crossings to provide a landscaped buffer. The landscape 0 buffer may use evergreen and deciduous materials and shall be capable of CO providing a substantially opaque, hedge-like barrier and attaining a minimum height of six feet within three years of planting. E 10 Packet Pg. 72 8.1.a Section -V: Amendment to Chapter 240 Schedule of Uses co 0 The Code of the Town of Wappinger shall be amended by revising the Schedule of Use U. s. Regulations, Residential Districts located at 240 Attachment 1 to Chapter 240 (Zoning) by revising .T 0 the Schedule of Uses as follows: Use Districts R-5A RMF-3 R-3A RMF-5 R-80 CL R-40/80 R-40 R-20/40 R-20 R-15 04 Utilities R-10 04 Solar Farm(permitted in R-40/80, R-5A &R-3A see §240-57) * z 3 Accessory Structures Building-Integrated Photovoltaic(BIPV) System PA PA U Roof Mounted Solar Energy System PA PA Ground Mounted Solar Energy System PA PA 0 The Code of the Town of Wappinger shall be amended by revising the Schedule of Use e Regulations, Non-residential Districts located at 240 Attachment 2 to Chapter 240 (Zoning) by cm coe revising the Schedule of Uses as follows: LLJ Use Districts 04 e Accessory Structures HB HM NB GB CC SC HD COP Al PUD Building-Integrated Photovoltaic(BIPV)System PA PA PA PA PA PA PA PA PA 04 Roof Mounted Solar Energy System PA PA PA PA PA PA PA PA PA as Ground Mounted Solar Energy System PA PA PA PA PA PA PA PA PA Utilities Solar Farm(§ 240-57) SPU SPU N 0 IL0 co 11 Packet Pg. 73 8.1.a Section -VI: Amendment of Chapter 85 `Building Code Administration" to Regulate Solar Energy Systems 0 U. (n The Code of the Town of Wappinger shall be amended by adding a new section to Chapter 85 of the T Town Code § 85-5.1 which shall read as follows: 0 "§ 85-5.1 Solar Energy System Permits 0 A) General Requirements for Solar Energy Systems (1) No Solar Energy System shall be installed or operated in the Town of Wappinger except in compliance with this Chapter. 0 (2) All Solar Energy Systems, including those installed as on-farm equipment - in an Agricultural District, shall require a building permit and a certificate of occupancy/compliance upon completion. C4 d (3) No Solar Energy System shall be operated without a certificate of occupancy or a certificate of compliance. 7@ U (4) All Solar Energy Systems shall comply with the New York State Uniform 0 Fire Prevention and Building Code and The New York State Energy Conservation Construction Code established pursuant to New York Executive Law § 3 81(2) ("NYS Uniform Code"). (5) The installation of all Photovoltaic Panel Systems must be performed by a qualified solar installer. (6) Any connection to the electric grid must be made under an approved co interconnection agreement and must be inspected and approved by the electric utility. C4 e (7) Solar energy systems shall be maintained in good working order. B) UNIFIED SOLAR ENERGY PERMIT (1) Roof Mounted Photovoltaic Systems installed on one or two family dwellings may be reviewed under the Unified Solar Permit Application issued by New York State if: 0 (a) Solar installation has a rated capacity of 12 kW or less. 0 (b) Solar installation is not subject to review by an Architectural or Historical Review Board. 0 co (c) Solar installation does not need a zoning variance or site plan approval. 12 Packet Pg. 74 8.1.a (d) Solar installation is to be mounted on a permitted roof structure of CO L- a building, or on a legal accessory structure. 0 U- (e) Solar installation is compliant with all applicable electrical and building codes. (f) Solar installation is compliant with New York State Fire Code. 0 0. (g) The solar installation is being performed by a Qualified Solar Installer. 0 (h) The proposed equipment meets all relevant codes and certification standards. (i) The solar electric system and all components will be installed per the manufacturer's specifications. 0) The project will comply with adopted National Electrical Code® requirements. C4 (k) The roof has no more than a single layer of roof covering (in d addition to the solar equipment). z 3 (1) The system is to be mounted parallel to the roof surface, or tilted with no more than an 18 inch gap between the module frame and U the roof surface. (m) The system will have a distributed weight of less than 5 pounds per square foot and less than 45 pounds per attachment point to roof. (n) If a Roof Mounted Photovoltaic System meets the requirements listed above, the application for a building permit required by §85- 5 are satisfied by using the Unified Solar Permit issued by New York State or any such successor permit that may be promulgated. COe (o) The application fee under the Unified Solar permit is set forth in UJ Chapter 122, Article IV, § 122-16, of the Town Code. W e CD M Section -VII: Amendment of Article IV of Chapter 122 "Schedule of Fees" to Regulate Solar Energy Systems C4 The Code of the Town of Wappinger shall be amended by adding a new subsection to § 122-16(N)(6)(f)within Article IV of Chapter 122 which shall read as follows: 0 (f)Uniform Solar Permit: Application Fee: $150.00 0 CO 13 Packet Pg. 75 8.1.a Section -VIII:Numbering for Codification: 0 It is the intention of the Town of Wappinger and it is hereby enacted that the provisions U. s. of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and .T 0 0. sub-sections of this Local Law may be re-numbered or re-lettered to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be N changed to "Chapter," "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section -IX: Separability: z 3 The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, 7@ U 0 word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local e law or their application to other persons or circumstances. It is hereby declared to be the legislative M CO intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had e CD 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 -X: Effective Date: 0 This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. CO 14 Packet Pg. 76 8.2.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. 77 k I { RECEI " as R,D&Q, LL liam 7VLPOLLUTION (CONTROL,L, IN . Operation of Water and Wastewater Treatment Systems e 1610 ROUTE 376 WAPMNGERS FALLS,NY 12590 (845)463.7310 Fax(845)463-7305 a 0 IxIx 0 d9 TO: Supervisor Lori Hava Town of Wappinger FROM: Michael P.Tremper,Vice President CAMO Pollution Control,Inc. DATE: April 5,2016 RE: Park Hill Water Main cme cm As you are aware on August 14,2015 there was a serious water main break at 40-42 Park Hill Drive. The break itself was bad enough but the private property damage caused by the escaping water was extraordinary. CRMO Pollution Control,Inc. contacted the Town Supervisor, Councilman,Highway Superintendent,Town Engineer and Insurance Carrier.All reviewed the damage and safety concerns and,all agreed to the steps to be taken were for CRMO Pollution Control,Inc.to restore the properties to prior conditions. On that same day I sent out e- mails and memo reconfirming this plan and copied everyone I mentioned.No response was received from the e-mails or memo. CL CRMO Pollution Control,Inc. orchestrated this work in good faith and the completed work was satisfactory to the effected.homeowners. The work took place in August and September and the sub-contractors used were paid for their services. CAMO Pollution Control, Inc. has provided the Town with our invoice which included these services. We understand there has been much communication with the insurance companies regarding coverage of the event. We understand this takes time but please recognize this is a large outlay of money for our company. I don't believe when the work was authorized anyone anticipated eight months to go Packet Pg. 78 by before payment of services. Whether the Insurance Company is responsible or not services were provided in good faith. Thank you for your concerns to resolve this matter and if we can help in any way let me know. There is a sizable paper trail which is available for your review upon request. C4 0 cc: William H. Beal, Town Board Vincent Bettina, Town Highway Superintendent 0 William Ciccarelli , Town Board Tim Dean, Marshall & Sterling Insurance John Fenton,Town Board Robert Gray,Town Engineer Michael Kuzmicz, Town Board Peter C. McGinnis, Esq., CAMO Attorney Al Roberts, Town Attorney E Ui 4- 0 MPTjc2607 E2 United Wappinger Water C14 M C%A M CO Ui W E 0 E E E Packet Pg. 79 31joM BuipjeBaM AouOBJOW3 10uoliemoaa : L L ® Z-S l wnpuejowaW j8dwail. 5 L- L® :jug oejj CO 00 a � C ROL, INC. a «a1A1 „�n .at.6 , A Aa.,✓„�.D r» +riam.:gym^.% I,,..„;p'r Operation of lVarerand Wasdervcader-Deatrrment Systems 1610 ROUTE:376 hNAPPINGERS FALLS,NY 13590 (6,15)463-7310 Fax(615)463.7305 N11 E - M - 0 - R - A _ N - D -IM ToBarbara Gutzler, Town of Wappinper Supervisor l;RONI: Michael P, Tremper, CAN40 Pollution Control, Inc. DATE: August 111, 2015. _. RE: Parr Hill Water Main Break. Thursday August 14, 2015 CAMO Pollution Control, Inc. received a call from the resident of 40 Parr Hill Drive at 4:30 ani that lie was having a wvater emergency, Upon responding immediately our crew found a massive water main break which was flooding the entire area. The wvater main was shut down immediately, The Highway Department and Town Supervisor were notified; the damage to 40 an([ 42 caused by the flood of the water loss was si rrificarlt. The property on 42 drivewva), was completely washed out making it unusable, mud and debris were spread throughout the properties, damage to patios , retaining wvalls, lawns, both driveways, and possibly a swimming pool. (See pictures attached) CAN40''s first responsibility was to make the site safe and meet with the effected homeowners, We them in conjunction with the Highway Department replaced 8 feet of water main which had blown out and two wvater services, by11:00 arra water system was back to normal, The rest of the day into the evening was spent restoring material to insure the homeowners could use their driveways safely. There is still considerable restoration to take place; drivewvayrs need complete paving, yards need major repair, retaining walls creed to be replaced, a patio needs replacing. Pete Carr from Marshall & Sterling; was on site, reviewed the damage and was in agreement with the actions. All final restoration wvork is scheduled for the next two weeks; the homeowners were satisfied with all the actions taken. The onsite presence of the Highway Superintendent, Town Engineer, Town Supervisor and. Councilman was helpful. 31joM BuipjeBaM AouOBJOW3 10uoliemoea : L LZ-MZ-S3M) wnpuejowaW jadwail. 5L-tq-q0 :juqwq3ejjV T- eo Go If YOU hawse O(hCrqLlCStiOrlS contact me at 45.463-7310 cc: Vincent Bettina, 'Fown of Wappinger, Highway Department Robert Gray, Town of WaPpinger Engineer William Ciccarelli, Town of Wappinger Councilman Peter Carr, Marshall & Sterling Jason Hilton, Glatfelters Insurance Group N IPI' it2558(jc) Watch I fill Water ! .,,:"" '"WI � ��rW�r✓`;' inwriWWWiW WPB"'/I��M�k,ur1111r�IWJI><�JN1 ";%i��; WYr,� (� N'�Y 6uipjeBaN AouOBJOW3 10uoliemoaa : L L ® Z-S ) wnpuejowow jadwail. qL-tq-q0 :juqwqoejjV p' ) r N 67 co 00 d a M,11IN 1' Y r„ %r fD^ i , t- ,i I 101foll 111,11,41 , I/m/m/d/i MOROI uipjeBaN AouOBJOW3 10uoliemoaa : ��Z-MZ-S3M) wnpuejowoW jadwail. q�-tq-q0 :juqwq3ej ........... .... 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T f r, U s,9 r `ni'li/ r rr r u✓yrJdE � r r >`r �/ 09 �+ d,^ �J � / r;'� °r " � 11� G^' rl H yy , rpt N r " r dG " aP to oil �V d / NMS rI r r ip r rur u v ra r a n , l ,r � ly ✓ r ' �, r r o 4 INHIIIIIIIIIIm - ajjao6us ae6aA uOBJO � uo'iemoa a LL ® Z-S pueaoas aa1 5 - ® u�Lo o co / ii IJP IT wl -1 mdill+HlNl"1✓M�� f � 1 J f { a ¢ I 9 i fY J 3 1 1 i i 4 f l I r � Jou? wimp ri , r i 6uipjeBaN AouOBJOW3 10 uolie oaa e LLZ-MZ-S3M) wnpueaot.uoW aadwail. 5L-tL-q0 : ugwg3ejj� � o co f j 'I I, �I �Ih I I I �r � f i %/, Ifo Pd�NNFN,<afNNh�VVk f: 9 f �V r yif ter, 6uipieBaN AouOBJOW3 10 uolie oaa e LLZ-MZ-S3M) wnpuejowoW aadwail. 5L-tL-q0 : ugwg3e�� i E: r 1 I ' ! % �� IM f I r � j G pp r � s r Y O i r r rOr i ai r i y a MEMORANDUM To; 'Town Board IL C14 From: Vincent F. Bettina, Highway Superintendent Date: July 5, 2016 0 a Re: Park Hill Drive Water Main Break 0 Dear Supervisor Jiava and Board Members: On August 14, 2015, 1 was advised of a serious water main break at 40-42 Park Hill Drive and went to that location to inspect. I personally notified Councilman William Ciccarelli of the water main break because this was his Ward. I have read the statement of Councilman Ciccarelli and fully concur with his statements and confirm that all present clearly understood that Carno E Pollution Control, Inc. was directed to take whatever emergency repairs were necessary to stop Uj the water main break and to restore the two properties located at 40 and 42 Park Hill Drive to the 0 conditions that pre-existed. I have also read the memoranda and emails from Michael Tremper dated August 14, 2015, December 9, 2015, January 12, 2016, April 1, 2016 and April 5, 2016, E2 and I confirm the accuracy of said statements. Respectfully submitted cm 6" 4 cm Vincent F. Bettina cNo Uj Highway Superintendent LM E 0 E 0 2 E 1 P a le Packet Pg. 103 MEMORANDUM To: Town Board IL C14 From: Robert J. Gray, P.E. Date: July 5, 2016 0 a Re: Park Hill Drive Water Main Break 0 Dear Supervisor Jiava and Board Members: On August 14, 2015, 1 was advised of a serious water main break at 40-42 Park Hill Drive and went to that location to inspect. I have read the statement of Councilman Ciccarelli and fully concur with his statements and confirm that all present clearly understood that Camo Pollution Control, Inc. was directed to take whatever emergency repairs were necessary to stop the water main break and to restore the two properties located at 40 and 42 Park Hill Drive to the E Uj conditions that pre-existed. I have also read the memoranda and emails from Michael Tremper 4- 0 dated.August 14, 2015, December 9, 2015, January 12, 2016, April 1, 2016 and April 5, 2016, and I confirm the accuracy of said statements. E2 pectfully submittedz� cm V_ R0 ert J. ay E. Q Engineer o t Town cm M co LM E 0 E 0 2 E Page Packet Pg. 104 MEMORANDUM To: Town Board C4 From; William Ciccarelli, Councilman Date: July 5, 2016 0 a Re: Park Hill Drive Water Main Break 0 Dear Supervisor Jiava and Board Members: cc Camo Pollution has made a claim against the Town for emergency repair work to a water main W break on Park Hill Drive on August 14, 2015. The following is my recollection of events. On Thursday, August 14, 2015, 1 was advised by Highway Superintendent Bettina that there was E a water main break on or near 40 Park Hill Drive in the Town, When I arrived there, Mike Uj Tremper of Camo Pollution Control, Inc. was present, along with Highway Superintendent 0 Vincent Bettina, then Supervisor Barbara Gutzler, Robert Gray, Engineer to the Town, and Pete Carr of Marshall & Sterling, the Town's insurance agent. When I arrived at the scene, I was E2 advised that there was a massive water main break in front of 40 and 42 Park Hill Drive. One of the driveways to the residences, which I believe was 42 Park Hill Drive, was completely washed V- out, making it unusable. There was debris and mud spread throughout both properties, damages C4 to patios,retaining walls as well as significant damage to a swimming pool located on 42 Park Hill Drive. The other driveway located at 40 Park Hill Drive was also underwater and, as best as C4 M co I could determine, seriously damaged. There was also significant damage to patios, retaining Uj walls and both lawns. I was present when the Supervisor directed Mike Tremper of Camo Pollution to do whatever LM (n corrective work was necessary on an expedited and emergency basis. I clearly understood that M E this was an emergency, however, being new to the Board having only been appointed two months prior thereto, I did not realize that either the Supervisor or the Town Board had to formally declare an emergency. I have come to realize that neither the Town Board nor the 0 E Supervisor formally declared an emergency. I am attaching hereto photographs of the properties in question, showing the damage done to cc both properties. I am submitting this report to the Board to confirm that Mike Tremper of Camo was directed by E then Supervisor Gutzler to do any necessary corrective work to both properties (40 and 42 Park Hill Drive) on an emergency and expedited basis. I affirmatively state to the Board that I would 1 P a g e Packet Pg. 105 have supported a Resolution confirming that the work done by Cama Pollution Control, Inc., in consequence of the water main break on Thursday, August 14, 2015, at 40 and 42 Park Hill Drive, was in response to emergency circumstances and in consequence of directions made by then Supervisor, Barbara Gutzler. It is also my understanding that Town Engineer, Robert Gray, and Highway Superintendent, Vincent Bettina, were of the belief that this work was directed to be undertaken as an emergency. C4 I also wish to point out that the Town's insurance agent, Pete Carr of Marshall & Sterling, Inc., the Town's insurance representative, was also present, and, to the best of my knowledge, 0 overheard the instructions given to Mike Tremper to do the work on an emergency basis. a 0 Respectfully submitted, 'A William Ciecarelli, Councilman Ward 2 E Ui 4- 0 C14 C14 M CO Ui LM E 0 E E 2 P a e Packet Pg. 106