2016-08-08 Town of Wappinger 20 Middlebush Road
Wappingers Falls,NY 12590
Regular Meeting townofwappinger.us
Minutes — Joseph Paoloni
(845)297-5771
Monday, August 8, 2016 7:30 PM Town Hall
I. Salute to the Flag
II. Call to Order
Attendee Name Organization Title Status Arrived
Lori A. Jiava Town of Wappinger Supervisor Present 7:30 PM
William H. Beale Town of Wappinger Councilman Late 7:36 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
Albert Roberts Consultant Attorney Present 7:30 PM
Bob Gray Consultant Engineer Present 7:30 PM
III. Adoption of Agenda
1. Motion To: Adopt Agenda
........ ......... ........ ......... ..... .. ....... .....
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz
ABSENT: William H. Beale
IV. Accept Minutes
1. Motion To: Acknowledge July 11, 2016 Minutes
......... ......... ......... ......... ......... ......... ......... ......... .... ......... ......... ......... ......... ......... ......... ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ciccarelli, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz
ABSENT: William H. Beale
Town of Wappinger Page I Printed 811012016
Regular Meeting Minutes August 8, 2016
V. Correspondence Log
RESOLUTION: 2016-214
Correspondence Log 2016-08-08
Resolution Authorizing the Acceptance of the Correspondence Log
Correspondence L g - 20,16-08-08
Number To From Date Date Rec' Re: Agenda Date
08-08-001 Towii Board Bea 0u17V 711112016 711112016 Plaiiiiiiq&ZBA MorrthlReport 81812016
V
08-08-002 Towii Board PVE Sheffler 71712016 711112016 Castle Poirrt Laiidfill 81812016
08-08-003 Lori Jiava SLIP Sprimo 711012016 711812016 Shed the Meds 81812016
08-08-004 Mr Corbim Mark Liebermaii 711212016 711212016 Structure Fire 65 Diddell Rd 81812016
08-08-005 Towii BoardFFowii Clerk Mark Liebermaii 711812016 711912016 PropertV Mairrteiiaiice 81812016
08-08-006 Fastracs Rpiitals,Iiic Lori Jiava 7/19/2016 7/21/2016 Camwatli Slope Stabilizatim 8/8/2016
08-08-007 Towii Clerk —Zommq Admimistrator 712812016 81112016 Schedule of Performame&Mairrt Boiids 81812016
08-08-008 Towii Clerk A Roberts 81112016 81112016 Waiver aiid Hold Harmless Aqreemerrt 81812016
08-08-009 Towii Board Mark Liebermaii 812/2016 812/2016 Fire Preverrtim Bureau Rpt 81812016
08-08-010 Towii Board Lee Ami Frem 81412016 81412016 Tax Receiver Mo17rth1v Rpt 81812016
08-08-011 Towii Board et al Jessica FLIlt011 8/3/2016 8/4/2016 COMMLfflitV Da V Staffirq 8/8/2016
NOW, THEREFORE, BE IT RESOLVED, that the letter 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:
V Vote Record-Resolution RES-2016-214
.
0 .......
El Adopted 6Yes/Aye No/Nay Abstain Absent
- --"I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""I'll""I'll""II"I'l""I'll""I'llll,",-""""""",'ll""I'll""I"ll""I'll""I'l'll""I'll""I'll",'ll""I'll""I'll",'ll""I'll""I'll""I'll""I'l'll""I'll""I'll",lI
• Adopted as Amended ori A.Jiava Voter El 0 0 0
• Defeated William, fheaIe V... ...........................ot,er 0..... ..........❑................ ❑0....................❑.................t.......
... '..n...H.7...
..... ..
• Tabled William Ciccarelli Voter El 0 0 0
............... ................
• Withdrawn John J.Fenton Seconder El 0 0 0
...................................................................................................................................................................................................................................................................
Michael Kuzmicz Mover El 0 0 0
Dated: Wappingers Falls, New York
August 08, 2016
The Resolution is hereby duly declared Adopted.
V1. Public Hearings
1. Motion To: Open Public Hearing
...................................................................................................................................................................................................................................................................................................................................
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz
ABSENT: William H. Beale
.............
Town of Wappinger Page 2 Printed 811012016
Regular Meeting Minutes August 8, 2016
Resolution Introducing Local Law No. 4 Of The Year 2016,
"2016 Amendments To Fee And Fine Schedules Of The Town Of Wappinger."
Christopher Ciraulo from 564 Old State Road East asked about the fees. Zoning inspector
Roberti explained that some fees such as sheds cost more than the shed itself and should be
adjusted downward to co-inside with the assets being put in place. Others went up due to stale
pricing that had not been updated in years. He asked about section 3 referring to projects greater
than 200 square feet with a fee of$100 plus $0.40 per square foot and whether the $100 fee
included the additional square foot charge. Ms. Roberti responded that it is for 200 square feet
which cost $100 and $0.40 per square foot. Mr. Ciraulo responded, "... so including the 200."
The discussion ended.
........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ...........
RESULT: CLOSED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
VII. Public Portion
1. Motion To: Open Public Portion
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: John J. Fenton, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
2. Motion To: Close Public Portion
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
VIII. Discussions
1. CCA - Community Choice Aggregation
Scott Williams came to speak about a Community Choice Aggregation, hereafter referred to as
CCA. Michael and Jason from CCA began by handing out a document to the board, the
attorney, and the engineer. Again, no document was given to the town clerk for attachment to
these minutes. Jason began with a brief overview. He explained that they are trying to create the
second CCA to the one they created in Westchester County. This is a consortium energy
purchasing program designed to give smaller entities the buying power that larger buyers
currently enjoy. He cited outstanding results from the Westchester program, but did not disclose
the numerical details. He explained that a CCA allows municipalities to j oin together and pool
Town of Wappinger Page 3 Printed 811012016
Regular Meeting Minutes August 8, 2016
all of the homes and businesses in their joint municipalities and make a bid out to the energy
market to get savings for their homes and/or small businesses. He added that 20 Westchester
municipalities put all of their home owners and small businesses in the pool and 14 of the 20
(70%) saved money. He said there is no risk or no cost to municipalities. He added you get a
fixed rate with this contract for 3 years.
Michael Rautch then took over the presentation. He gave history of the program that was
authorized by the state to aggregate communities last April that could turn all the small players
into big players. He said, "There is no commitment, up until the point where you can see the
price from the energy supplier." He added, "The municipality could choose to participate, set
some criteria such as, we want X% savings compared to the default supply rate and then go out
to market with a group of municipalities, see what that rate would be, and choose at that point
whether or not to participate. Jason added that the city of Beacon, the Town of Fishkill, the
Village of Wappingers Falls are on board; and, they are two thirds of the way to becoming a
critical mass with this new tool.
Councilman Ciccarelli asked about the details of the switch. Michael explained that when a bid
comes back and once the town decides what it wants in a bid, the default provider for the area
will become the CCA and then individuals that do not want to participate can then opt out of the
program at any time, free of charge, and go back to the Central Hudson default supplier. Jason
added that being with a larger consortium allows for the better deals that a large user gets.
Supervisor Jiava asked about the pricing should a large number of people drop out. Michael
explained that the risk is on the suppliers of the bid. When they price a bid and large numbers
drop out, then the suppliers absorb the risk. Engineer Gray said this will not affect anyone who
has solar. They will be allowed to choose whether they want to participate or not. This will be
further addressed on the Sept 12th agenda.
On another subject outside the CCA, Village grant writer Scott Williams explained there is a
solarized program to standardize the purchase of solar panels.
IX. Resolutions
RESOLUTION: 2016-180
Resolution Accepting The Town Of Wappinger Fund Balance Policy
WHEREAS, the Town seeks to create a formal Fund Balance Policy establishing best
management practices to address year end surpluses and fund balances; and
WHEREAS, the Town recognizes that the formation of an unassigned fund balance will
stabilize and possibly enhance the current credit rating of the Town; and
WHEREAS, all major credit rating agencies (Moody's, Standard and Poor's and Fitz)
site formal Fund Balance Polices as best management practices commonly used by better rated
communities; and
WHEREAS, municipalities that adhere to Fund Balance Polices are viewed as being
more proactive which in return results in higher credit ratings and lowering borrowing costs; and
WHEREAS, the Town, in consultation with the Town's Financial Advisor, finds the
Fund Balance Policy to be reasonable and in the best interest of the Town.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
Town of Wappinger Page 4 Printed 811012016
Regular Meeting Minutes August 8, 2016
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 Lori A.Jiava...........................Voter... Q.........,........❑..... ❑........,.......❑.....
❑ Defeated William H.Beale................... .Voter....,.........Q...... ❑........,........❑...... ❑....
Q Tabled William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John.. Fenton....................... .Voter....,.........Q...... ❑........,........❑...... ❑....
Next:9/12/16 7:30 PM .................. .......... ..... .... ............ ............ ......
Michael Kuzmicz Mover Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
August 08, 2016
The Resolution is hereby duly declared Tabled.
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,
Town of Wappinger Page 5 Printed 811012016
Regular Meeting Minutes August 8, 2016
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 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 Lori A.Jiava......................... .Voter....,.........Q........,........❑.......,........❑...... ❑....
❑ Defeated William Fl.Beale.................. ...Seconder........Q................❑................0................
❑........
Q Tabled William Ciccarelli....................Voter.................Q...... .....❑...................❑...... .....❑....
❑ Withdrawn John J.Fenton....................... .Voter..............Q...... ❑........,........❑...... ❑....
Next:9/12/16 7:30 PM .. ... ...... .................... ..
Michael Kuzmicz Mover Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
August 08, 2016
The Resolution is hereby duly declared Tabled.
RESOLUTION: 2016-215
Resolution Authorizing Refund Of Unused Escrow For Baisley Farm Subdivision (Account
15-5176)
WHEREAS, on or about August 12, 2015, Kristin B. Klipp (hereinafter the "Applicant") filed
an application for Subdivision Approval under Application Number 15-5176; and
WHEREAS, total escrow deposits in the amount of Eight Thousand Fifty Dollars ($8,050.00)
were received by the Town from the Applicant for payment of the fees of the Town's professionals to
review the application; and
WHEREAS, all professional fees incurred during the review of the application have been paid
and there remains an unused balance of Three Thousand Twenty-Six 20/100 Dollars ($3,026.20) in
escrow account number 15-5176; and
WHEREAS,the Applicant has requested a refund; and
WHEREAS, the Town Accountant has audited the escrow account and confirmed the amount
due the Applicant.
NOW, THEREFORE,BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth
and adopted herein.
2. The Town Board hereby authorizes a refund to Kristin B. Klipp,in the amount of Three
Thousand Twenty-Six 20/100 Dollars ($3,026.200), representing the unused escrow balance for the
above project.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-215
Q Adopted Yes/Aye No/Nay Abstain Absent
Town of Wappinger Page 6 Printed 811012016
Regular Meeting Minutes August 8, 2016
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli....................Voter.... .......Q........,.......❑.................❑...... .....❑....
❑ Withdrawn John . . Seconder Q ❑ ❑ ❑
...................... .. ........ ........,........ .......,........ ........,....... .....
JFenton
.
Michael Kuzmicz Mover Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
August 08, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-216
Resolution Calling On Town Of Wappinger, Residents And Business Owners To Adopt
The "Think Differently" Initiative To Assist Individuals With Special Needs And Their
Families
WHEREAS, the "Think Differently" initiative seeks to promote awareness and
acceptance of all people, and advocating for the inclusion of all individuals living on the Autism
Spectrum and with special needs; and
WHEREAS, our state and local communities are stronger because of our diversity and
differences; and
WHEREAS, according to the Center for Disease Control (CDC), over 55 million people,
or approximately 19% of Americans, have a type of disability or special need; and
WHEREAS, for some people with special needs, the very things that make them unique
can also keep them on the sidelines, separate from those who might not understand their
differences or uniqueness; and
WHEREAS, it is important to promote and provide guidance to those with special needs
on how to access publically supported services available to them in the community; and
WHEREAS, it is important to encourage and educate the community and businesses on
ways they can make facilities and services more accessible and on how to train staff to welcome
and support special needs customers and co-workers; and
WHEREAS, the goal of this initiative is to provide a supportive and inclusive
environment for individuals of all abilities by supporting community events that expand family
friendly opportunities for people with special needs and their families; and
WHEREAS, adopting the "Think Differently" initiative is an important statement that
our Town officials, business owners and residents can make to show their support for the
differently-abled children and adults with special needs and their families.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth
and adopted herein.
2. The Town Board hereby encourages the Town of Wappinger, its residents and
business owners to adopt the "Think Differently" initiative so that all are better prepared to
communicate with, provide for, and support those living within the Autism Spectrum and with
special needs.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-216
Yes/Aye No/Nay Abstain Absent
Q Adopted .............................. ...................................................................... .............
❑ Adopted as Amended
Town of Wappinger Page 7 Printed 811012016
Regular Meeting Minutes August 8, 2016
0 Defeated Lori A.Jiava Voter El 0 0 0
a ...................... .......... 'l.................❑................
• Tabled William H.Beale Seconder E0 ..❑0................0........
........................
• Withdrawn
William'6eca're'lli.....................V....ot,er...............E. 0'l...................❑..................0.❑......... .......d.❑.....
John J Fen ..
' ........ ..........................................................................................El................. 0....................................................................................................................
...on'' Voter 0 0
.............................................................................................. ............................................................................................
Michael Kuzmicz Mover El 11
Dated: Wappingers Falls, New York
August 08, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-217
Resolution Ordering The Abatement Of Property Maintenance Violations At 41 Red Hawk
Hollow Road
WHEREAS, Red Hawk Hollow LTD., 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 6359-02-
823539, having a street address of 41 Red Hawk Hollow Road ("Property"); and
WHEREAS, the Town records indicate that Ocwen Loan Servicing with a mailing
address of P.O. Box 24737, West Palm Beach, FL 33416 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 "A"), which informed any person in control of the property that they had an opportunity
to appear and be heard at this meeting of the Town Board to offer proof that the property is in
compliance with the standards of Chapter 185 of the Town Code or that additional time is needed
to take corrective action to cure the violation; and
WHEREAS, an Enforcement Official of the Town of Wappinger filed a written report
with the Town Board of the Town of Wappinger noting that he/she had inspected the Property
and found that weeds and/or grass on the property exceeded ten (10) inches and the Property was
not in compliance with the property maintenance requirements of Chapter 185 of the Town
Code; and
WHEREAS, a Public Hearing was held on August 8, 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.
Town of Wappinger Page 8 Printed 811012016
Regular Meeting Minutes August 8, 2016
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-2016-217
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale ...................Voter... Q.........,.... ..❑..... ❑........,... ..❑.......,
..... ..... .......
❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Seconder EJ...................0 ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
August 08, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-218
Resolution Authorizing Supervisor To Enter Into A Memorandum Of Understanding For
Feasibility And Due Diligence Studies To Be Conducted At Carnwath Farms
WHEREAS, the TOWN acquired a 99.5 +/- acre parcel of land located on Wheeler Hill
Road in the Town of Wappinger by deed dated October 12, 2000 from Greystone Programs, Inc.,
as Grantor, and the Town of Wappinger, as Grantee, which deed was recorded in the Dutchess
County Clerk's Office on October 18, 2000 at document number 02 2000 9421; and
Town of Wappinger Page 9 Printed 811012016
Regular Meeting Minutes August 8, 2016
WHEREAS, the subject property is commonly known as "Carnwath Estate" and/or
"Carnwath Farms"; and
WHEREAS, located on Carnwath Farms are various buildings including a 19th century
Italian Revival mansion, a carriage house constructed in the latter part of the 19th century,
dormitory building and a large chapel constructed some time during the 1950s, and other related
buildings and detached structures in various states of repair and/or disrepair; and
WHEREAS, the TOWN had made application to the County of Dutchess for a grant to
defray the cost of purchasing Carnwath Farms through the Dutchess County Open Space and
Farmland Protection Matching Grant Fund; and
WHEREAS, Dutchess County approved the grant in exchange for the TOWN executing
a Conservation Easement Deed encumbering approximately 94 +/- acres of land (the "Protected
Property"), but excluding from the Conservation Easement Deed approximately 6 acres of land
therefrom, which is referred to as the"Retained Property"; and
WHEREAS, the Protected Property and the Retained Property are more particularly
shown on a Conservation Easement Map prepared by Paggi, Martin & Del Bene, lasted revised
6/13/2004, and filed in the Office of the Dutchess County Clerk on June 22, 2004 as Map No.
11698; and
WHEREAS, the Protected Property was also designated as Park Land by Town Board
Resolution dated December 8, 2003; and
WHEREAS, the Retained Property contains all of the above-referenced buildings which
are also depicted on Filed Map No. 11698; and
WHEREAS, the TOWN has actively sought proposals to explore the development
potential of the Retained Property; and
WHEREAS, the Erik Anderson, Tyler Graham and Svend Lindback (the
"PRINCIPALS"), on behalf of an LLC to be formed, have agreed to investigate and undertake
feasibility and due diligence studies to determine the development potential of the Retained
Property, including the restoration and possible reconstruction of the buildings thereon,
consistent with the original uses and historical heritage of Carnwath Farms.
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 Members each have read the Memorandum of Understanding
and concur with the terms and conditions contained therein.
3. The Town Board hereby authorizes the Town Supervisor, Lori A. Jiava, to
execute the Memorandum of Understanding by and on behalf of the Town in substantially the
form attached hereto.
4. The Town Board further authorizes the Supervisor and the Attorney to the Town
to negotiate minor amendments to the Memorandum of Understanding as deemed appropriate
and necessary, consistent with the form of Memorandum of Understanding attached hereto.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-218
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.JiavaVoter Q ❑ ❑ ❑
❑ DefeatedWilliam H.Beale Voter. Q ❑ ❑ ❑
111 .......... ...... ....... ....I.... ....... .. .. ....... ....... ....... .....
❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn JoJ.Fenton Seconder Q ❑ 0
hn 0
.,
Michael Kuzmicz Mover Q ❑ ❑ ❑
Town of Wappinger Page 10 Printed 811012016
Regular Meeting Minutes August 8, 2016
Dated: Wappingers Falls, New York
August 08, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-219
Resolution Authorizing Supervisor To Enter Into And Execute Bus Sign Amenities
Intermunicipal Agreement With The County Of Dutchess
WHEREAS,Article IX (Local Governments) of the New York State Constitution, and
Article 5-G Section 119-o of the General Municipal Law of the State of New York authorize
municipalities of the State of New York to enter into intermunicipal agreements for the
performance of cooperative activities; and
WHEREAS, Section 5307 of Title 49, United States Code,provides federal assistance
for public transportation in urbanized areas, to be administered by the Federal Transportation
Administration; and
WHEREAS, Dutchess County presently operates a public transit system consisting of,
among other things, fixed routes throughout the County, including ingress and egress to the
municipality; and
WHEREAS,the County and the Town desire to enhance public transportation service
and improve passenger safety and convenience through the installation of bus stop signs, shelters
and other amenities within the municipality and wish to enter into a Bus Stop Sign Amenities
Intermunicipal Agreement, a copy of which is annexed hereto.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby accepts the terms and conditions set forth and contained
in the above-mentioned Intermunicipal Agreement, a copy of which is annexed hereto, so as to
enhance public transportation service and improve passenger safety and convenience through the
installation of bus stop signs, shelters and other amenities.
3. Supervisor Lori A. Jiava, on behalf of the Town of Wappinger, is hereby
authorized and directed to execute the Intermunicipal Agreement in the form annexed hereto.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-219
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale ............... Voter....,....... Q ❑ ... ❑ ❑ ...
❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
.. ..
Michael Kuzmicz Mover Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
August 08, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-220
Town of Wappinger Page 11 Printed 811012016
Regular Meeting Minutes August 8, 2016
Resolution Introducing Local Law No. 5 Of The Year 2016, "Town Of Wappinger Code
Regulating The Administration And Enforcement Of The New York State Uniform Code
And Energy Code"
WHEREAS,the Town of Wappinger previously elected to locally enforce the provisions
of the New York State Uniform Fire Prevention and Building Code ("Uniform Code") and the
State Energy Conservation Construction Code ("Energy Code"); and
WHEREAS, on April 6,2016, the Department of State published in the New York State
Register a Notice of Adoption of Updated Provisions of the Uniform Code and Energy Code
which becomes effective October 6, 2016; and
WHEREAS,Part 1203 of Title 19 of the New York Code of Rules and Regulations set
forth certain minimum standards that that Town must follow and adopt in its Local Law to
enforce the Uniform Code and the Energy Code; and
WHEREAS,the New York State Department of State has amended certain provisions of
Title 19, Part 1203 of the New York Code of Rules and Regulations since the last Local Law was
adopted by the Town; and
WHEREAS,these changes to the Uniform Code, the Energy Code and the State
Regulations require the Town to supersede the prior local law regulating the subject matter with
a new Local Law; and
WHEREAS, the proposed action is a Type II action pursuant to Article 8 of the
Environmental Conservation Law, Part 617 NYCRR(commonly known as "SEQRA") and
pursuant to Chapter 117 of the Code of the Town of Wappinger(the Town's Environmental
Quality Review Law);
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby introduces for adoption Local Law No. 5 of the Year
2016 in the form annexed hereto.
3. The Town Board determines that the enactment of the aforementioned Local Law
is a Type 11 action pursuant to Article 8 of the Environmental Conservation Law, Part 617
NYCRR(commonly known as"SEQRA") and pursuant to Chapter 117 of the Code of the Town
of Wappinger(the Town's Environmental Quality Review Law)which establishes locally
designated Type I actions.
4. The Town Board hereby schedules a Public Hearing on the proposed adoption of
Local Law No. 5 of the Year 2016 to be held at Town Hall, 20 Middlebush Road, Wappingers
Falls, New York on the 12th day of September, 2016, at 7:30 p.m., and the Town Clerk is
directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same
in the Southern Dutchess News and Poughkeepsie Journal as required by law.
5. The Town Board further directs the Town Clerk to act as follows with respect to
the proposed Local Law:
a. To serve a copy of this Resolution, the annexed proposed Local Law, and
the Public Hearing Notice to the municipal clerk of each abutting municipality not less
than ten (10) days prior to said public hearing.
b. To serve a copy of this Resolution and the annexed proposed Local Law to
the Dutchess County Department of Planning and Development for Advisory Review in
accordance with §239-m. of the General Municipal Law; and
C. To serve a copy of this Resolution and the annexed proposed Local Law,
and the Public Hearing Notice to the Town of Wappinger Planning Board for its review
Town of Wappinger Page 12 Printed 811012016
Regular Meeting Minutes August 8, 2016
and recommendation pursuant to §240-112 of the Zoning Code prior to said Public
Hearing.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-220
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter... Q.............. ❑ ... ❑.......,... ..❑.......
.......... ...... ....... ......... ....... .. .. ....... ....... ....... .....
❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑
........................ . ............. ................. ....... ........ ................ .......
❑ Withdrawn John J.Fenton Seconder Q ❑ 0 0
..
Michael Kuzmicz Mover Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
August 08, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-221
Resolution Authorizing Enforcement Actions For Encroachments Onto Property Owned
By The Fieldstone Conservation Park District
WHEREAS, in or about 1982, the Town Board caused the establishment of the
Fieldstone Conservation Park District to hold title to all conservation lands created in connection
with the Fieldstone Farms Conservation Subdivision Sections I, II and HI; and
WHEREAS, by deed dated August 10, 1993 from Fieldstone Farms, a Joint Venture
Partnership, to the Town of Wappinger, on behalf of the Fieldstone Conservation Park District,
which deed was recorded in the Dutchess County Clerk's Office on September 30, 1993 at Liber
1934, Page 365, three parcels of property identified as "Conservation District" and as shown on
filed map numbers 6330, 6504 and 6879, filed in the Dutchess County Clerk's Office, were
transferred into said Fieldstone Conservation Park District; and
WHEREAS, it has been reported to the Zoning/Enforcement Department and the Town
Supervisor's Office that a number of residents and property owners in the Fieldstone Farm
Subdivision have encroached onto properties owned by the Fieldstone Conservation Park
District.
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. Supervisor Lori A. Jiava and Zoning Administrator Barbara Roberti, with advice
from the Attorney to the Town, are hereby authorized and directed to forward notices to all
property owners within the Fieldstone Farms Subdivision that the property owned by the
Fieldstone Conservation Park District is to remain in its natural state and is not to be altered,
cleared, improved or otherwise utilized by any persons or property owners within the Fieldstone
Farms Subdivision.
3. The Town Supervisor and the Attorney to the Town are hereby authorized to take
whatever steps are necessary to remove any persons occupying or utilizing any portions of
property owned by the Fieldstone Conservation Park District, including commencement of any
legal actions necessary to remove, eject or evict any persons from using or occupying any parts
or portions of the Fieldstone Conservation Park District or to any legal actions to require such
Town of Wappinger Page 13 Printed 811012016
Regular Meeting Minutes August 8, 2016
persons to restore any property of the Fieldstone Conservation Park District to its natural
condition.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-221
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as AmendedLori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated am H.Beale Voter Q,,,,,,,,,,,,,, ❑ ❑ ❑
Willi
................... ....... ......... ....... .. .. ....... ....... ....... .....
❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
..
Michael Kuzmicz Mover Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
August 08, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-224
Resolution Adopting Local Law No. 4 Of The Year 2016, "2016 Amendments To Fee And
Fine Schedules Of The Town Of Wappinger."
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing a proposed Local Law entitled, "Local Law No. 4 of the Year 2016, "2016
AMENDMENTS TO FEE AND FINE SCHEDULES OF THE TOWN OF WAPPINGER"; 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 8th day of August, 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 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, Local Law No. 4 of the Year 2016, "2016 AMENDMENTS TO FEE AND FINE
SCHEDULES OF 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
and 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. 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:
Town of Wappinger Page 14 Printed 811012016
Regular Meeting Minutes August 8, 2016
✓Vote Record-Resolution RES-2016-224
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter... Q.............. ❑ ... ❑.......,... ..❑.......
.......... ...... ....... ......... ....... .. .. ....... ....... ....... .....
❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑
............. ................. ....... ........ ................ .......
❑ Withdrawn John J.Fenton Seconder Q ❑ 0 0
.
Michael Kuzmicz Mover Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
August 08, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-225
Resolution Introducing "Local Law No. 6 Of The Year 2016, Amending Chapter 133 Of
The Town Code Known As Flood Damage Prevention"
WHEREAS, the Town of Wappinger adopted Local Law 43 of 2012 which created a
Chapter in the Town Code entitled "Flood Damage Prevention"; and
WHEREAS,the New York State Department of Environmental Conservation, Division
of Water, Bureau of Flood Protection and Dam Safety, have notified the Town that the Flood
Insurance Rate Map (FIRM) map panel numbers have been recently been further revised; and
WHEREAS,this Local Law is intended to amend Chapter 133-6 (4) and (5) "Basis for
Establishing Areas of Special Flood Hazard" in order to adopt amendments made to the FEMA
maps by FEMA and in order to comply with the request of the New York State Department of
Environmental Conservation, Division of Water, Bureau of Flood Protection and Dam Safety
and the revisions to the Flood Insurance Rate Map (FIRM) map panel numbers; and
WHEREAS, this is a Type II action pursuant to 6 NYCRR § 617.5(c)(20) and is
otherwise exempt from environmental review pursuant to the New York State Environmental
Quality Review Act("SEQRA") and Local Law No. 6 of 1992 of the Town of Wappinger
("WEQRA").
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby introduces for adoption Local Law No.6 of the Year
2016 in the form annexed hereto.
3. The Town Board hereby determines that the enactment of the aforementioned
Local Law is a Type II action as defined in 6 NYCRR § 617.5(c)(20) and, accordingly, the
Town Board hereby expressly determines that this action is not an action that requires review
pursuant to the provisions of New York State Environmental Quality Review Act("SEQRA")
or pursuant to Local Law No. 6 of 1992 of the Town of Wappinger("WEQRA").
The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law
No.6 of the Year 2016 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New
York on the 12th day of September, 2016, at 7:30 p.m., and the Town Clerk is directed to post the
Notice of the Public Hearing in the form annexed hereto and to publish same in the
Poughkeepsie Journal and Southern Dutchess News as required by law.
The foregoing was put to a vote which resulted as follows:
Town of Wappinger Page 15 Printed 811012016
Regular Meeting Minutes August 8, 2016
✓Vote Record-Resolution RES-2016-225
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as AmendedLori A.Jiava Voter El ❑ ❑ ❑
William H.Beale Seconder Q ❑ ❑ ❑
❑ Defeated ............... ... .... ... .. ... .... ... ..
❑ Tabled William Ciccarelli Voter CSI ❑ ❑ ❑
....................„. .................. ................. ....... ........ ................ .......
❑ Withdrawn John J.Fenton Voter Q ❑ D D
.
Michael Kuzmicz Mover Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
August 08, 2016
The Resolution is hereby duly declared Adopted.
X. Town Board Review of Vouchers
RESOLUTION: 2016-222
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board 2016-JJ
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-JJ
Vendor A B DB T92 AM
(General (General (Highway (Plannin (Ambulance
Town Part Fund) g )
wide) Town) /Zoning
Escrows)
Camo
Camo
Camo
638.60
Camo
455.00
Central Hudson
221.84
Central Hudson
77.10
Montfort Bros.
305.60
Southern Dutchess News
48.90
Signal Graphics
Town of Wappinger Page 16 Printed 811012016
Regular Meeting Minutes August 8, 2016
70.33
Zep Sales
1,690.65
Bottoni Fuel
4,304.59
First Unum Life Ins
222.86 60.78 151.95
Coffee Systems
9.51
Chambers Tractor
127.76
Chambers Tractor
9.45
CSEA Optical/Dental
H/W 3,385.58
Celia Sigalow
140.00
Justice Court Fund 38,471.25
Town of Fishkill
Town of Fishkill
Tilcon
258.26
Angel's Power Equip
119.80
Staples
17.55
Staples
190.50
Staples
41.88
Fishkill Plains Garage
10.00
Schneider Elec Telvent
DTN 681.00
Paul Lenci (Band)
1,200.00
EM Star Ambulance 32,916.00
Chase Visa
63.81
Chase Visa
60.82
PBE Auto
347.16
Town of Wappinger Page 17 Printed 811012016
Regular Meeting Minutes August 8, 2016
The Regulators (Band)
1,300.00
John George Reimburse
3.00
Cornerstone
798.57 39.03
Morris Assoc 655.00
5,829.14 2,265.01 3,812.45
Morris Assoc 333.50
Morris Assoc 286.00
Morris Assoc 1,215.50
Morris Assoc 190.50
Morris Assoc
Morris Assoc 1,692.00
490.00
Morris Assoc 214.50
Morris Assoc
Mobile Life Ambulance 1,197.67
Amazon
38.62
Amazon
24.85
Amazon
101.94
Auto Zone
407.29
Local Pipe Band
1,000.00
Dutchess Proprint
13.50
Dutchess Proprint
16.45
Sarjo Ind
185.48
Tool Rental by Durants
Joe Johnson Equip
696.93
Haight Fire Exting
65.00
Alan &Alice Fennell
Band 950.00
Young Colonials (Band)
1,200.00
Town of Wappinger Page 18 Printed 811012016
Regular Meeting Minutes August 8, 2016
American Printing
289.90
Thomson West Law
449.00
Thomson West Law
200.00
Baright Car Washes
45.50
Hillman Signs
51.00
Cintas (First Aid Kit)
145.69
Optimum (Trooper
Barrack) 490.04
Total $55,215.1 $2,440.2 $16,635.4 $4,587.00 $34,113.67
8 7 7
Vendor T33 T99 (Other HWF HWN HMR (Water
(Parkland Escrows) (Filtration (Wapp Meter
Trust) of Atlas & Water Replacement)
Hilltop) Main)
Camo 7,658.00
Camo
Camo
Camo
Central Hudson
Central Hudson
Montfort Bros.
Southern Dutchess
News
Signal Graphics
Zep Sales
Bottoni Fuel
First Unum Life Ins
Coffee Systems
Chambers Tractor
Chambers Tractor
CSEA
Optical/Dental H/W
Celia Sigalow
Justice Court Fund
Town of Wappinger Page 19 Printed 811012016
Regular Meeting Minutes August 8, 2016
Town of Fishkill
Town of Fishkill
Tilcon
Angel's Power
Equip
Staples
Staples
Staples
Fishkill Plains
Garage
Schneider Elec
Telvent DTN
Paul Lenci (Band)
EM Star Ambulance
Chase Visa
Chase Visa
PBE Auto
The Regulators
(Band)
John George
Reimburse
Cornerstone
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc 2,534.60
588.00
Morris Assoc 375.00 1,133.60
Morris Assoc
Morris Assoc 691.00
Mobile Life
Ambulance
Amazon
Amazon
Amazon
Auto Zone
Local Pipe Band
Dutchess Proprint
Dutchess Proprint
Sarjo Ind
Tool Rental by 293.25
Durants
Joe Johnson Equip
Town of Wappinger Page 20 Printed 811012016
Regular Meeting Minutes August 8, 2016
Haight Fire Exting
Alan &Alice Fennell
Band
Young Colonials
(Band)
American Printing
Thomson West Law
Thomson West Law
Baright Car Washes
Hillman Signs
Cintas (First Aid Kit)
Optimum (Trooper
Barrack)
Total $668.25 $1,133.60 $588.00 $691.00 $10,192.60
Vendor T33 WH W SH SW SM
(Parklan (Watchill (Wapp (Watch (Wildwoo (Midpoi
d Trust) Water) United Hill d Sewer) nt
Water) Sewer) Sewer)
Camo
Camo
10,178.52
Camo
Camo
Central Hudson
Central Hudson
Montfort Bros.
Southern Dutchess
News
Signal Graphics
Zep Sales
Bottoni Fuel
First Unum Life Ins
Coffee Systems
Chambers Tractor
Chambers Tractor
CSEA
Optical/Dental H/W
Celia Sigalow
Justice Court Fund
Town of Fishkill
9,932.28
Town of Fishkill
Town of Wappinger Page 21 Printed 811012016
Regular Meeting Minutes August 8, 2016
2,226.69
Tilcon
Angel's Power
Equip
Staples
Staples
Staples
Fishkill Plains
Garage
Schneider Elec
Telvent DTN
Paul Lenci (Band)
EM Star
Ambulance
Chase Visa
Chase Visa
PBE Auto
The Regulators
(Band)
John George
Reimburse
Cornerstone
Morris Assoc 143.00
1,829.96
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
Morris Assoc
1,303.40
Morris Assoc 580.00
Morris Assoc
Morris Assoc
Mobile Life
Ambulance
Amazon
Amazon
Amazon
Auto Zone
Local Pipe Band
Dutchess Proprint
Dutchess Proprint
Sarjo Ind
Tool Rental by
Durants
Town of Wappinger Page 22 Printed 811012016
Regular Meeting Minutes August 8, 2016
Joe Johnson Equip
Haight Fire Exting
Alan &Alice
Fennell Band
Young Colonials
(Band)
American Printing
Thomson West
Law
Thomson West
Law
Baright Car
Washes
Hillman Signs
Cintas (First Aid
Kit)
Optimum (Trooper
Barrack)
Total $12,405.2 $3,133.3 $9,932.2 $580.00 $143.00
1 6 8
Vendor SU Town Board Hold
(Wapp Paid
U n ited
Sewer)
Camo
7,658.00
Camo
10,178.52
Camo 638.60
Camo 455.00
Central Hudson 221.84
Central Hudson 77.10
Montfort Bros. 305.60
Southern Dutchess 48.90
News
Signal Graphics 70.33
Zep Sales
1,690.65
Bottoni Fuel
4,304.59
First Unum Life Ins 435.59
Coffee Systems 9.51
Chambers Tractor 127.76
Chambers Tractor 9.45
CSEA Optical/Dental
Town of Wappinger Page 23 Printed 811012016
Regular Meeting Minutes August 8, 2016
HM/ 3,385.58
Celia Sigalow 140.00
Justice Court Fund
38,471.25
Town of Fishkill
9,932.28
Town of Fishkill
2,226.69
Tilcon 258.26
Angel's Power Equip 119.80
Staples 17.55
Staples 190.50
Staples 41.88
Fishkill Plains Garage 10.00
Schneider Elec Telvent 681.00
DTN
Paul Lenci (Band)
1,200.00
EM Star Ambulance
32,916.00
Chase Visa 63.81
Chase Visa 60.82
PBE Auto 347.16
The Regulators (Band)
1,300.00
John George 3.00
Reimburse
Cornerstone 837.60
Morris Assoc
3,581.44 18,116.00
Morris Assoc
333.50
Morris Assoc
286.00
Morris Assoc
1,215.50
Morris Assoc
190.50
Morris Assoc
4,426.00
Morris Assoc
4,270.60
Morris Assoc 214.50
Morris Assoc 691.00
Mobile Life Ambulance
1,197.67
Amazon 38.62
Amazon 24.85
Town of Wappinger Page 24 Printed 811012016
Regular Meeting Minutes August 8, 2016
Amazon 101.94
Auto Zone 407.29
Local Pipe Band
1,000.00
Dutchess Proprint 13.50
Dutchess Proprint 16.45
Sarjo Ind 185.48
Tool Rental by Durants 293.25
Joe Johnson Equip 696.93
Haight Fire Exting 65.00
Alan &Alice Fennell 950.00
Band
Young Colonials (Band)
1,200.00
American Printing 289.90
Thomson West Law 449.00
Thomson West Law 200.00
Baright Car Washes 45.50
Hillman Signs 51.00
Cintas (First Aid Kit) 145.69
Optimum (Trooper 490.04
Barrack)
Total $3,581.44 $0.0 $154,014.8 $2,025.5
0 3 0
$156,040.3 $156,040.33
3
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-222
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as AmendedLori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated ..WilliamH.Beale ...................Voter... Q.........,.... ."❑""... ❑.. ....... ..❑........
❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Seconder Q ❑ D D
Dated: Wappingers Falls, New York
August 08, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-223
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board-206-11
Town of Wappinger Page 25 Printed 811012016
Regular Meeting Minutes August 8, 2016
Claim Packet: 2016-II
Vendor A B DB T92 T84
(General (General (Highway (Planning (Palmateer
Town Part Fund) /Zoning Memorial)
wide) Town) Escrows)
Central Hudson 1,710.57
Central Hudson 528.93
Central Hudson 37.29
Central Hudson 37.29
Central Hudson 13.50
Scott Volkman Esq 6,720.00
Home Depot 11.82
Home Depot 85.60
Home Depot 227.93
Home Depot
138.94
Signal Graphics 47.28
DC Sheriff Dept 7,382.09
MVP Gold H/I Retirees 3,147.90
MVP H/I Premium 24,605.00 3,948.44 25,851.86
Lehigh Lawn & 5,343.67
Landscap
Al Roberts 4,847.50
Al Roberts 13,125.00 4,550.00
735.00
Al Roberts 157.50 927.50
Al Roberts 2,012.50
Al Roberts 105.00
Al Roberts 175.00
Al Roberts 1,855.00
Al Roberts
Al Roberts 2,590.00
Al Roberts
Al Roberts
Al Roberts 1,347.50
Al Roberts 434.75
Al Roberts
Optima Environmental 824.42
DC Soil &Water 250.00
Conser
Graham Foster H/I 137.40
Reim
Expanded Supply
Town of Wappinger Page 26 Printed 811012016
Regular Meeting Minutes August 8, 2016
704.76
Coffee Systems 94.37
Frederick P. Clark 4,773.50
Frederick P. Clark 1,890.00
Frederick P. Clark 105.00
Frederick P. Clark 2,130.50
Ruge's Parts Center
17.78
Ruge's Parts Center
23.63
Ruge's Parts Center
84.24
Ruge's Parts Center
126.62
Hud River Truck Equip 213.65
Tech Air
733.45
Tech Air
273.33
Village of Fishkill
Hillman Signs 53.00
Advance Auto Parts 2.16
31.39
Tilcon 1,211.72
Staples 55.93
Staples 24.89
Staples 55.62
Atlas Star 101.92
The Cutting Edge 525.00
Girish Dharamshi
Reimb
Optimum 175.60
Wells Fargo 272.43 272.42
Vantage Equip
561.75
Nancy Matter Reimb 30.00
Durants Party Rentals 435.00
H.V. Wipers
175.00
Chase Visa 60.82
Wallace &Wallace 1,540.00
Ryan Leone Reimburse 90.29
Ready Refresh Spring 138.16
Town of Wappinger Page 27 Printed 811012016
Regular Meeting Minutes August 8, 2016
W
Allstate Supplement Ins
Big Top Portajohns 110.00
Hannaford 18.66
Ken Bernstein 1,837.50
Joe Johnson Equip
167.08
Jessica Fulton 419.72
Reimburse
Mozy 1,098.70
Herring Sanitation 348.75
Patterson Surg Supply 171.20
Total $57,054.65 $25,793.85 $30,836.55 $15,514.00 $5,868.67
Vendor T33 T14 HWF HWN T 99
(Parkland (Allstate) (Filtration (Wapp (other
Trust) of Atlas Water Escrows)
& Hilltop) Main)
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Scott Volkman Esq
Home Depot
Home Depot
Home Depot
Home Depot
Signal Graphics
DC Sheriff Dept
MVP Gold H/I Retirees
MVP H/I Premium
Lehigh Lawn &
Landscap 3,208.38
Al Roberts
Al Roberts
245.00
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Town of Wappinger Page 28 Printed 811012016
Regular Meeting Minutes August 8, 2016
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
52.50
Al Roberts
Al Roberts
Al Roberts
507.50
Optima Environmental
DC Soil &Water
Conser
Graham Foster H/I
Reim
Expanded Supply
Coffee Systems
Frederick P. Clark
Frederick P. Clark
Frederick P. Clark
Frederick P. Clark
Ruge's Parts Center
Ruge's Parts Center
Ruge's Parts Center
Ruge's Parts Center
Hud River Truck Equip
Tech Air
Tech Air
Village of Fishkill
Hillman Signs
Advance Auto Parts
Tilcon
Staples
Staples
Staples
Atlas Star
The Cutting Edge
Girish Dharamshi
Reimb
Optimum
Wells Fargo
Vantage Equip
Nancy Matter Reimb
Durants Party Rentals
Town of Wappinger Page 29 Printed 811012016
Regular Meeting Minutes August 8, 2016
H.V. Wipers
Chase Visa
Wallace &Wallace
Ryan Leone Reimburse
Ready Refresh Spring
W
Allstate Supplement Ins
1,112.04
Big Top Portajohns
Hannaford
Ken Bernstein
Joe Johnson Equip
Jessica Fulton
Reimburse
M ozy
Herring Sanitation
Patterson Surg Supply
Total $3,208.38 $1,112.04 $52.50 $507.50 $245.00
Vendor WF WU SM SU
(Fleetwood) (Wapp (Midpoint (Wapp
U n ited Sewer) U n ited
Water) Sewer)
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Scott Volkman Esq
Home Depot
Home Depot
Home Depot
Home Depot
Signal Graphics
DC Sheriff Dept
MVP Gold H/I Retirees
MVP H/I Premium
Lehigh Lawn &
Landscap
Al Roberts
Al Roberts 2,940.00
Town of Wappinger Page 30 Printed 811012016
Regular Meeting Minutes August 8, 2016
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts 245.00
Al Roberts
Al Roberts 210.00
Al Roberts 315.00
Al Roberts
Al Roberts
Al Roberts
Optima Environmental
DC Soil &Water
Conser
Graham Foster H/I
Reim
Expanded Supply
Coffee Systems
Frederick P. Clark
Frederick P. Clark
Frederick P. Clark
Frederick P. Clark
Ruge's Parts Center
Ruge's Parts Center
Ruge's Parts Center
Ruge's Parts Center
Hud River Truck Equip
Tech Air
Tech Air
Village of Fishkill 7,980.29
Hillman Signs
Advance Auto Parts
Tilcon
Staples
Staples
Staples
Atlas Star
The Cutting Edge
Girish Dharamshi 146.27
Reimb
Optimum
Wells Fargo
Vantage Equip
Town of Wappinger Page 31 Printed 811012016
Regular Meeting Minutes August 8, 2016
Nancy Matter Reimb
Durants Party Rentals
H.V. Wipers
Chase Visa
Wallace &Wallace
Ryan Leone Reimburse
Ready Refresh Spring
W
Allstate Supplement Ins
Big Top Portajohns
Hannaford
Ken Bernstein
Joe Johnson Equip
Jessica Fulton
Reimburse
M ozy
Herring Sanitation
Patterson Surg Supply
Total $7,980.29 $461.27 $2,940.00 $455.00
$152,029.70
Vendor Paid Town Board Hold
Central Hudson 1,710.57
Central Hudson 528.93
Central Hudson 37.29
Central Hudson 37.29
Central Hudson 13.50
Scott Volkman Esq 6,720.00
Home Depot 11.82
Home Depot 85.60
Home Depot 227.93
Home Depot 138.94
Signal Graphics 47.28
DC Sheriff Dept 7,382.09
MVP Gold H/I Retirees 3,147.90
MVP H/I Premium 54,405.30
Lehigh Lawn & 8,552.05
Landscap
Al Roberts 4,847.50
Al Roberts 21,595.00
Al Roberts 1,085.00
Al Roberts 2,012.50
Al Roberts 105.00
Town of Wappinger Page 32 Printed 811012016
Regular Meeting Minutes August 8, 2016
Al Roberts 175.00
Al Roberts 1,855.00
Al Roberts 245.00
Al Roberts 2,590.00
Al Roberts 210.00
Al Roberts 367.50
Al Roberts 1,347.50
Al Roberts 434.75
Al Roberts 507.50
Optima Environmental 824.42
DC Soil &Water 250.00
Conser
Graham Foster H/I 137.40
Reim
Expanded Supply 704.76
Coffee Systems 94.37
Frederick P. Clark 4,773.50
Frederick P. Clark 1,890.00
Frederick P. Clark 105.00
Frederick P. Clark 2,130.50
Ruge's Parts Center 17.78
Ruge's Parts Center 23.63
Ruge's Parts Center 84.24
Ruge's Parts Center 126.62
Hud River Truck Equip 213.65
Tech Air 733.45
Tech Air 273.33
Village of Fishkill 7,980.29
Hillman Signs 53.00
Advance Auto Parts 33.55
Tilcon 1,211.72
Staples 55.93
Staples 24.89
Staples 55.62
Atlas Star 101.92
The Cutting Edge 525.00
Girish Dharamshi 146.27
Reimb
Optimum 175.60
Wells Fargo 544.85
Vantage Equip 561.75
Nancy Matter Reimb 30.00
Durants Party Rentals 435.00
H.V. Wipers 175.00
Chase Visa 60.82
Town of Wappinger Page 33 Printed 811012016
Regular Meeting Minutes August 8, 2016
Wallace &Wallace 1,540.00
Ryan Leone Reimburse 90.29
Ready Refresh Spring 138.16
W
Allstate Supplement Ins 1,112.04
Big Top Portajohns 110.00
Hannaford 18.66
Ken Bernstein 1,837.50
Joe Johnson Equip 167.08
Jessica Fulton 419.72
Reimburse
Mozy 1,098.70
Herring Sanitation 348.75
Patterson Surg Supply 171.20
Total $0.00 $143,756.70 $8,273.00
$152,029.70
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-223
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ DefeatedWilliam H.Beale Voter. Q ❑ ❑ ❑
.......... ....I.... ....... ....I.... ....... ...I.... ....... ..... ...... ..
❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton
......................Voter...............Q.................0 .............0 ........
0
Michael Kuzmicz Seconder Q ❑ 0 0
Dated: Wappingers Falls, New York
August 08, 2016
The Resolution is hereby duly declared Adopted.
XI. Items for Special Consideration/New Business
Councilman Kuzmicz asked about the speed trailer on Diddell road. Supervisor Jiava explained
that the cost of county police services to do a study with the Town of Wappinger owned speed
trailer would be $3,600 trailer.
He also asked about putting a sign up on Sherwood Heights to warn of a sharp curve on that hill.
1. Motion To: Fund Community Day with $1,526 under Line item A7110.199
Town of Wappinger Page 34 Printed 811012016
Regular Meeting Minutes August 8, 2016
........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
2. Review of Quiet Acres Paving Process
Councilman Fenton addressed the re-surfacing of Quiet Acres. He asked the engineer if he had
gone out to take a look at it. Mr. Gray said he had helped out and gave the quantities to the
highway superintendent. Councilman Fenton said he understood there might be a few locations
that might need a little extra work prior to black topping and he wanted to know whether he
could have the board agree to send out the engineer to take a look prior to spending all that
money. He added, "There are a couple of locations that need a little extra work." Engineer Gray
said milling is going on in a lot of locations and asked if he should look at all the locations?
Councilman Fenton said, "We're spending almost $800,000 on blacktop." Engineer Gray said he
could not do it personally and Mark Long would be covering while he is out of town.
Councilman Beale asked, "Specifically again, what are you requesting now?" Councilman
Fenton replied, "Well, what's happening is, the way the road is being "prepped" there are some
areas that need a little bit more attention and I just wanted to get a engineer out there to make
sure that we are doing it the right way". Councilman Beale said, "It's your ward and if you feel
that way, I'll support it." Councilman Ciccarelli asked who the contractor out there was. Mr.
Fenton replied, Avello Brothers. Supervisor Jiava said that last year DeGarmo and Spook Hill
were paved in the same way and assumed that it would be within the regulation, but still had no
objection to the request to send the engineering service out to review the work. Councilman
Fenton said, "Some of the highway guys are here, maybe I can ask for their opinion being that
they're the ones out there doing it?" Supervisor Jiava said, "I think we should actually have the
engineer look at the road, based on drainage basins and other items out there". Engineer Gray
said he would have Mark contact the highway superintendent.
3. Motion To: Recommend for Electrical work at Town Hall for Certificate of Occupancy for
$2,965 from Buildings and Grounds
Mr. Frazier said that he had two quotes one from Costa Electric for $2.965 and the second from
another vendor at $3,130. He recommended Costa for the job. Again, neither bids, nor
supporting documents were handed to the Town Clerk for attaching to these minutes or adding to
the Correspondence Log.
Engineer explained what this is all about. He said that after the electric was done on the Won
door, Electrical Work needed to be done before town hall can get the certificate of occupancy
which Steve Frazier had given the above verbal quotes and recommendation. Supervisor Jiava
said that it was a lot of GFIs and outlets, extension cords, and conduits. Mr. Frazier said he
would be spending from line item Town Hall repairs which had $43,000 in it.
Councilman Ciccarelli questioned all the other outlying parks throughout the town. Supervisor
Jiava said Donna Lehnhart is putting a list together of all the parks. Councilman Kuzmicz
reminded the board to fund these during budget time to maintain all these parks.
Historian Joseph Cavaccini rose to explain the signs at Swartwoutville, the southeast section of
Town of Wappinger Page 35 Printed 811012016
Regular Meeting Minutes August 8, 2016
the town, and all the support he received in getting them ordered and installed.
Councilman Beale asked about internal controls inside a house for safety reason given an
emergency and suggested a conversation to be had in the code enforcement department.
Attorney Roberts did not know of any regulations for "hoarding".
........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
XII. Executive Session to Discuss a Legal Issue and an Employee
1. Motion To: Enter Executive Session
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
2. Motion To: Return From Executive Session
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
3. Motion To: Set a Special Meeting for August 15th at 7:30 PM to introduce a Local Law
Councilman Beale added, "I think next Monday's meeting should be for also discussion and for
potential entertainment of legislation if necessary for that purpose of restructuring the
administration of the town highway department if necessary."
........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
XIII. Adjournment
Motion To: Wappinger Adjournment& Signature
The meeting adjourned at 10:57 PM.
Town of Wappinger Page 36 Printed 811012016
Regular Meeting Minutes August 8, 2016
Joseph P. Paoloni
Town Clerk
........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ciccarelli, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Town of Wappinger Page 37 Printed 811012016
0 0 0 0 0 0 0 0 0 0
0 0o co 0 00 00 o w 0 00 5.1.a
66666666661=
eow � o0000ow00owwc
O O o 0 0 0 0 0 0 0 0 S
O o 0 0 0 0 0 0 o a -
1 O CD m v O Cn -P W N — <D
I �
In * O•
00 0 O 07 � O O
O v N N — - 5' v v W
Q Q. Q. � Tm Q QQ
CD
v O O
� n
� m
CD CD D O 0 < 0CD CD CD m W Coe
� � r—UsQ r1:7CDe
-M - Cr 0- UCrM' CD =3m CD
CD m 3 m m o o04
0 = 3 �' 3 3
Dov in vv (�
o O
-,
e
_ C
s
i
c
Co 00 Co Co
N N N N N N N N N N N Cp
0 0 0 0 0 0 0 0 0 0 0 e
eCo
Co Co Co Co Co W
3 1
to N 00 \ \ CD
N N N N N N N N N N N
j 0 0 0 0 0 0 0 0 0 0 0 0 C
1 1 3CD
0) rnC3) mm0.) 0.) rn0) 0-) 0-) - Coe
n -i -n CD
v o v
o X CD =T 2
X m <' � � -0 Qom _ e
3 � -o0Qgm ., m �.
� cc
CD < O e
< = Qo Cl) -n Q° e
CD �' m
o = -U 0 5' m CL M
o WQ -CD �' D e o
—_ o
m W 0. m 0-
O 0 N
m —
D go o• Q CD
cD
cQ o
m v
3 �+
CD W
O
rr �
Q
Cn
J
D
c�
� woOw � coO � oo � Q.
\ \ \ \ \ \ \ \ \
03wOwwwmOmwmm
N N N N N N N
0 0 0 00 0 CD packet Pg. 38
V/ 8 � � lT /n 8
Planning Board & Zoning Board of Appeals Bea Ogunti
MONTHLY REPORT
DATE: July 8, 2016
FOR THE MONTH OF June, 2016
Month Total Year-to-date
ZONING BOARD FEES COLLECTED
Zoning Board Variance Applications $ 500.00 $ 3,750.00 00
°
Zoning pp Board Use Applications $ -0- $ -0-
Foils $ -0- $ -0-
cm
ZBA TOTAL: $ 500.00 $ 3,750.00
PLANNINB BOARD FEES COLLE-CTED CL
Planning Board Subdivision Applications $ -0- $ -0-
Planning Board Site Plans Applications $3,278.00 $21,700.50
Planning Special Use Permits $ -0- $ 1,000.00
CN
Planning Board Conceptual Applications $ -0- $ 750.00
Planning Board Architectual Applications $ -0- $ -0-
cm
_ e
co
Foils $ -0- $....-0-
- -
Subdivision Regulations Books $ 0 $ -0-
°
cm
00
°
00
PB TOTAL: $3,278.00 $22,700.50
ZONING BOARD MONTHLY TOTAL $ 500.00 $ 3,750.00
PLANNING BOARD MONTHLY TOTAL $2,528.00 $ 2,778.00
TOTAL: $3,028.00 $ 6,528.00
c�
RECREATION FEES COLLECTED
TOTAL: $ -0- $ -0-
PROJECTS BEFORE THE BOARD
Zoning Board of Appeals No. 15
Planning Board No. 28
JUL 11.2016
TOWN OF WAPPINGER
TOWN CLERK
Packet Pg. 39
5.1.a
-2-
Month Total Year-to-date
ROAD INSPECTION ESCROW RECEIVED
$ -0- $ -0-
TOTAL: $ -0- $ -0-
e
00
CD
e
PROJECT ESCROW RECEIVED
cm
June
TOTAL: $9,750.00 $39,000.00
CLC
04
CD
04
co
Ui
e
cc: Town Board
Town Clerk
cme
CD
CD
e
I �
Packet Pg.40
Ctv..aiEngineering
Surveying
Land Planning
rPVE
Environmental
Municipal Services
July 7, 2016
Sedore &Company, CPAs
2678 South Road,Suite 101
Poughkeepsie, New York 12601
Re: Town of Wappinger,Castle Point Landfill Post-closure Requirements and Costs;
PVE Sheffler File#560547
00e
To Whom It May Concern:
cm
PVE Sheffler, LLC is responsible for post-closure groundwater and landfill gas monitoring for the Town of
Wappinger at the Town's Castle Point Landfill.
In accordance with 6NYCRR Part 360, the State's regulations governing closed landfills, groundwater and
landfill-generated gasses must be monitored for a period of 30 years after closure (6NYCRR Part 360-2.15). This CL
work has been conducted in accordance with the December 2000, NYSDEC approved, Post-Closure Monitoring
and Maintenance (PCMM) Manual, prepared by Paggi, Martin & Del Bene, LLP. In July 2004, Conrad Geoscience
requested that the frequency of groundwater monitoring be reduced from quarterly to annually, and that
samples be analyzed in accordance with 6NYCRR Part 360 Baseline Parameters. This request was granted by
NYSDEC shortly thereafter. Landfill gasses are monitored quarterly. Results of field inspections and sampling arecm
reported to NYSDEC at the completion of services for that quarter.
cme
PVE Sheffler provides landfill gas monitoring at an annual cost of $1,923.00, and annual groundwater
monitoring at$2,500.00 per year. The total cost for 2015 services is $4,423.00. The cost to provide post-closure
monitoring services, as outlined above, for the remaining post-closure monitoring period (15 years), at current
rates,would be$57,499.00.
00e
If you have any questions, please do not hesitate to call. 00
Sincerely,
PVE Sheffler
I E V FL
JUL 11 ?916
Christopher B. Brown, CPG
N
PrinciP Y g g al\Senior H dro eolo ist TO O ��
�W� F ����� Et
9'
TOWN CLERK
CBB/tla
cc: Supervisor
Town Clerk
Robert J. Gray, Morris Associates
48 Springside avenue,Poughkeepsie,New York 12603
Phone:845-454-254-1 Fat:845-454-26-5;
Packet Pg.41
QQMAWNC THE SENATE —003 ALPANYOff.sCrz.
LUU-14KEMEA STATE OF W YO
C '
� s F;,eaad a�
42U ALSANY POSE MOAb
INSURANCE aHYDE Fs
IMENTAIL HFA
caL.3 . Mt L°".ssSr?G'€i.,"iIxxazsa� gg
SUSAN
NG
Senator,41 Disnict
June 10,201
00CD00e
Mfs-.Lpari .TiaV ,
FOAM Of
ainger SLtrvisoF -
Town of wappinger'fow- Hal CM
RECEIVED
20 Middlebush Road
Wappingers F-tills. NY 12590
N 2, rl tr C
Dear Lori. C
:SUPERVISOROFFTC-P CL
Iam writing today to thank you for maid g Shed 1 e Meds!a success n MMurrsd ,y,June ,2 1
at the"I o o a�appi ger °o ma.Hall. It was w nder ul orking,together. and judging by the
lame turnout; we e °
community. e headway against the ueroin and opioid epjdernic facing our
CM
As you know, heroin abuse often sus with prescription pain med:czatioms, and it's cls thdt
Co
immediate action nes to be taken to combat the s yroc etizag drug, aide nic affectsLLJ
everyone in o Community,
nits=
Thanks again Lori, and:if I can be of service toYou going forward.Tease do not hesitate to CoCM
contact nay office.
Co
CD
merely,
Suenon
Serino
C
'ew York State Senator JUL 1 � 2 01
1` District
TOWN OF WAFT-.61A.
TOWN CLERK
SS/dr
Packet Pg.42
✓� � .� ® 5.1.a
TOWN OF WAsPPINGER
FIRE INSPECTOR SUPERVISOR
Mark Liebermann-Ext.127 Lori A.Jiava
DEPUTY FIRE INSPECTOR f TOWN BOARD
Tyler J,Pettit-Ext 129 William H.Beale
William Ciccarelli
CLERICAL ASSISTANT — Michael Kuzmicz
Michelle Gale-Ext.123 John Fenton
CODE ENFORCEMENT OFFICER - s
Salvatore A.Morello III-Ext. 142
CODE ENFORCIEMENTOFFICER FIRE INSPECTOR
Sue Dec—Ext 126 20 MIDDLEBUSH ROAD
WAPPINGERS FALLS,NY 12590
ZONING ADMINISTRATOR PH:845-297-1373
Barbara Roberti-Ext.128 Fax: 845-297-0579
MLiebermann(cDtownofwappin ecL r.us
www,townofwappinger.us
00e
e
Tuesday,July 12,2016
Sydney Corbin
` 79 Diddell Road
Wappingers Falls,NY 12590
RIE: STRUCTURE FIRE 65 DEDDELL ROAD::GRIM 6359.03.285420
CL
Dear Mr.Corbin:
In regards to a structure fire at the aforesaid premises,of which you are owner of record,the Single Family
structure,converted to a five family structure is hereby posted as follows pursuant to The Fire Code of New York State,
19NYCRR Section 107:
e
9F107.2 Unsafe structures, An unsafe structure is one that is found to be dangerous
to the life, health, property or safety of the public or to the occupants of the structurecm
by not providing minimum safeguards to protect or warn occupants in the event of fire.
LLj
F107.3 Structure unfit for human occupancy. A structure is unfit for human occupancy
whenever the structure is unsafe, unlawful
OF107.4 Unlawful structure. An unlawful structure is one found in whole or in part cm
e
to be occupied by more persons than are permitted under this code, or was erected, altered 00
or occupied contrary to law. 00
There shall be no work,repairs or tenant occupancy in this structure until such time as the Town Officialsapprove such
work or occupancy.
Yo trul
?zzu� M
2 "rlaMark Liebermann—Fire I&pKtor
NYS Code Official#0189-7193B
Cc:Town Board,Attorney to the Town of Wappinger,Zoning Administrator,Building Department,Assessor Office,Town.
Clerk
JUL 12 2016
TOWN OF WAPPINGER
TOWN CLERK
Packet Pg.43
TOW ��PERVISOR
5.1.a
FIRE INSPECTOR N ®� Wf"�PPIN���
Mark Liebermann-Ext.127 �/ �� r— Lori A.Jiava
DEPUTY FIRE INSPECTOR TOWN BOARD
Tyler J.Pettit-Ext 129 - William H.Beale
William Ciccarelli
CLERICAL ASSISTANT I --- Michael Kuzmicz
Michelle Gale-Ext. 123 l\ J John Fenton
.r
CODE ENFORCEMENT OFFICER
Salvatore A.Morello III-Ext. 142 ----�/
CODE ENFORCEMENT OFFICER FIRE INSPECTOR
Sue Dao—Ext 126 20 MIDDLEBUSH ROAD
WAPPINGERS FALLS,NY 12590
ZONING ADMINISTRATOR PH:845-297-1373
Barbara Roberti-Ext.128 Fax: 845-297-0579
MLieberman nna townofwaooinoer.us .
www.townofwappinger.us
00°
°
MEMORANDUM
To: Lori Rava I t
Town Board Members
Town Clerk '
From: Mark Liebermann—Fire Ins p for
cm
Date: July 18',2016
Re: Chapter 185 —Property Maintenance Public Hearing on cm
co
August 8,2416
cm
Monday, August 8th,2016 the following properties are before the town board for
Chapter 185, Property Maintenance violations of high grass.
This property been posted on the front door and a violation notice has been sent
certified:, return receipt.
Please post this address on the website and on our community board out front.
1. 41 Red Hawk Hollow
JUL 19 2016
TOWN OF WAPPINGER
TOWN CLERK
Packet Pg.44
�~ TOWN OF WAPPINGER
FILE
- F PROPERTY MAINTENANCE LAW Copy
CHAPTER 185 OF TOWN CODE
NOTICE . OF VIOLATION & ORDER TO REMEDY
HIGH GRASS & WEEDS
TO: Red Hawk Hollow LTD DATE: 6/30/201610:15 AM
COMPLAINT #: 2016 -286
TAX PARCEL ID: 6359-02-823539
OWNER(S) OF RECORD: Red Hawk Hollow LTD
PROPERTY ADDRESS: 41 Red Hawk Hollow 00
MAILING ADDRESS: 41 Red Hawk Hollow Wappingers Falls,NY 12590
MORTGAGEE/LIENHOLDER OF RECORD:OCWEN LOAN SERVICING
MORTGAGEE/LIENHOLDER MAILING ADDRESSTO BOX 24737,WEST PALM BEACH FL.33416
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
0.
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
thatgrasses and weeds shall not exceed 10 inches in height.
On6/30/2016 at 1L•00 AM., the FIRE INSPECTOR/CODE OFFICIAL of the Town of Wappinger cm
e
inspected your Property and determined that grasses and/or weeds on the Property exceed ten (10)
inches in height and the property is unsightly in violation of§185-3(C).
co
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 JULY 8TH,2016
cm
The Town Board of the Town of Wappinger will hold a hearing on JULY 11TH,2016 at 7:30 p.m, or as soon 00
thereafter that the hearing can take place, at the Town of Wappinger Town Hall located at 20 Middlebush00
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).
L-
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 Izi
compliance with the standards of Chapter 185 or that additional time is needed to take corrective
action to cure the violation.
c�
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.
MARK LIEBE —F INS P TOR
ENFORCEMENT OFFICIAL
Packet Pg.45
YV t i a u'C.' �� y A�` �.s� ^ t'� -r ,.,�} fi``. ;,3 ',t^:; �^�^�'N .1'��w-.� ;�r� � 9"�, •
Lityr�f 'n` ;�` ^, "•z'""" r t-N' _ -,
p,
w `
- .r ��y� - :�� rMk. x� a,}��� +�`?'� `.•� ��.V:r ��z""��`".�� w r4�.&��. `�, s*�q, a,'�.4..�y.�€��.<.�-`'3'" r.:*�.�x�.h .
y-=',}r� ..rt.' m ., - r�a'rs�, ,� ,.x, --��,.,.� 'S- } •F�.:,-�°�` ".. _rn t'�,�A_, '�`y"' s'���1 7-�' "'' l�'� -�ira�S'�'�aty�`�-�.E .ra r � ��� � a^ta
`•s w �"f^w° ,' ,Vr �,r.3 ° i 5ra .'.k ..,• r Sa,«-�r'; 7" ','.h'",� '," .e• '^ra,",s .' �'v ,s;
`�`��" �-~x' .3w .L.'�"" � rv�r-. ��..�-'••�, '�:;f,�T "� � Qy �r�a--� ,c?a��r,3, ��s a^,r,.: "a�.�,wa��:�'�„�; -moi rr �`�'� �t� � J f _
'.: .,���'".� � • ^.,s S� . y �1�wZ,r:.�'1��';.,'�.'°'� PS'; ,s2'°� Via"-�`,��,..:a;'��''=�"�''^"a.� U�- �:z "�`'�b�k+°"' `.t�v"'�r� ;:y` .� ,d'=� -�'"c' ., ,``K-,+,.
. � •v+r�$y`d..5�.., f.."='�'�y'� :.,,�:^ "z� .*r��' :�"x�i �'' ,+� �°.a�'".��' �yrr"�a;�� :.g�:�„ .���^'"�� ..v, "r'a» �"" 5rf. � S'�*^",� {.,a�s x�'�ri -r��.,��`. +7,.:
�,{'fl� `�'y ',F'f='�"�� y�t �� �� ,f����*i��,-� �� ,,,. ��'��`�'��>w� a����.a' .,ik� � �k x '!� v"ky'n+Yr�i.�'.;,t �„� "� J� 2 �1 c,.. � �, ,.,•.��E.; -5 4yr ,r' j y ..
'N �' �G �`" r � � � r�,m t 'as:x �v-'S*.{ y�� .=�xr�{yt��� '� P`�+, *�"� :. `` y"� ,� `•'>f a �" �t t '7
:-`^�� �:# f� ��.�,�����ak`,k 'w eq' �,�.�-��s �,r�.•{�.��:., "4`= - .�� �`, r. °��. �v�.� � 4 ...r`�.cr,� �?�r"�i -r�c.�_X ,� ;': ,.�. � �-'' "�
-
'-�a3kR��
'�s*t�w^,�,�„?'",�� �-w"'"wY�,'`�t,r`r,;:� 2�-�t.. z-•ve:�.�.
i •
t,
.„,r��
- �' '` �: 7 � ,s... 'S._-...,ice, a' f.a:,;w• y45:'*f"ri 'rte,^°c,,h*,,r rt§•�^'�'x. 's' '-TM"st'npJ.3''f ''1r �'Y'r.l w�� ih 5.1.a
� ��.1,�a s•r^ r � �'�� s �� (� '�S �px�5�'�y�'�s. °�hne�"'��lr�a i�^�,�,}ycp L.�
00
CD
CD
CL
cm
s �
c
41 Red Hawk Hollow 6/30/16
Tall Grass Complaint cm
CO
MJ Liebermann -Fire Inspector
cm00e
CD
00
CD
e
Packet Pg.47
5.1.a
✓5�.( ,_L`.L.-�?f Y 2"t y��"S.°s' �P+�W'�eR9`0. �k� � Y 1�],� !i,� Z �i.
Me-
ri
E
Y SS rt H 2{.4 T *, w o.aa.67' :tP Xwr
00
CD
'� i t dF r r :�r--^�i•—fi � rrV ,d*w..u,Hr� ° H 's
`�r r�-.ikrF`FW�.n "ys ^� 7 i w a w t r �. es+d w �,f ✓,� lT�''�, 7 � ^"`
. ux c�n^R�P� .�+-��r, -'�.`� yn J '-a., �d�yw,: s y u�-T' ✓r "x '� m i r+y Jr. r: t
z
CL
-�..-,,...u.,,�..'�., µ'*u�r-�r rr .r..._..x.• ana.a +�w*se .� �
.a r
V)
cm°
1 Red Hawk Hollow 6/30/16
CD
Tall Grass Complaint cm
e
MJ Liebermann - Fire Inspector
uicme
CD
°
CD
M
Packet Pg.48
5.1.a
NOTICE TO PROCEED
Dated:July 19,2016
TO:Fastracs Recitals.Inc..
(Contractoi). _
ADDRESS:PO Box 5600.
e
Red Hook.NY.1.2571.
e
OWNER'S PROJECT NO.W20807.02
PROJECT: Carnwath Farm Slope Stabilization Proiect,Phase 1
O NER'S CONTRACT NO, 15-017
CONTRACT FOR General Construction
CLV
You are.notified that the Contract Time under the above contract will commence to.run on July 14.,2016. As of
that date ,you are to start perf6 niri your obligations under the Contract Documents. Contract time is:as follows;
cm
Substantial Completion: 45 days: Completion'September 16, 2016
Final Completion: 90 days: Comr iletion.Date:Noverr,ber 18,.2016
Before you may start any Work at the site,you mustcm
..
e
J.Provide a list of Contacts and.Emergency Contracts 00
2.Provide a list of Subcontractors and Suppliers JUL 2 00 -
.3.Provide a Progress Schedule
TOWN OF WAS
The Town of Wappin
(OWNER)
Lori J'lava;
Supervisor
O:1Users\BGray\AppData\Loc [\Microsoft\WindowsiTemporary lntemet FHesTcntentJE5\0S5671R8\16 67 19 Notice to Proceed.doc
Packet Pg.49
5.1.a
TOWN OF WAPPINGER
ZONING ADMINISTRATOR SUPERVISOR
Barbara Roberti Ext. 128 :f Lori Jiava
PLANNING BOARD&ZONING ;
BOARD OF APPEALS SECRETARY til-' --- �� TOWN BOARD
Bea ogunti—Ext 122 '. 1rr William H.Beale
William CiccarelIi
John Fenton
ZONING DEPARTMENT Michael Kuzmicz
20 MIDDLE ALL ROAD ^ R n D
WAPPINGERS FALLS,NY 12590 H"IE((�"IE�\v// 00
(845)297-1373 Ext.2
Fax(845)297-0579
www.townofwappinger.us AUG 04 2016
TOWN OF WAPPINGER
To: Joseph Paoloni,Town Clerk TOWN CLERK U
From: Barbara Roberti,Zoning AdministratrBonds
Re: Schedule of Performance c& Mainter the month of
CL
August 2016
July 28,2016
PERFORMANCE BONDScm
cm
SUBDIVISION(Sub.) SECURED co
SITE PLANS (SP) BY AMOUNT CALL EXPIRES STATUS
cm
Hilltop Village-Toll Land.V Surety Bond $462,457.00 6/15/16 8/15/16. -reduction
e
#39B SBGG13
68 accepted b TB
P Y
9/29/15
Hilltop Village-Toll Land V Surety Bond $377, 800.00 No expiration date -reduction
( Sidewalks, Street Trees& Lighting)#SU1133194 accepted by TB
06-08-15
Maloney Heights Subdivision Bond $384,000.00 9/10/16 11/19/16 -accepted by TB
(Attalah&Joseph Nesheiwat) 9775180S 2/25/08
-Bond in effect until
released by Town.
Ridges Subdivision Letter of Credit $403,567.20 4/1/16 6/30/17 -accepted by the T:
3/28/16.Bond in
effect for two years.
1
Packet Pg. 50
5.1.a
MAINTENANCE BONDS
BRH Realty Subdivision L/C $ 18,960.00 6/29/16 9/24/2016 -Accepted by TB
(Phantom Hollow Equities,Inc.) #SB9109120001 9/29/15.
Two Year Maintenance Bond to 2017
United Cerebral Palsy Subdivision L/C $6,933.20 6/31/16 8/31/2016 -Accepted by TB on
Two Year Maintenance Bond to 2017 #20007134 9/29/15.
00e
Silver Fog Estates Subdivision L/C $ 85,623.75 6/14/2016 8/14/2016 -Accepted by TB
Mid Hudson Holdings,LLC # on July 14, 2014
cm
SITE PLAN RESTORATION BONDS
Calvary Chapel of the H.V. Cash Deposit $ 41 600.00 *** ** -Accepted b TB on
p � p Y
February 24,2014.
Released upon
Resolution Approval
W/signed maps
cm
Dunkin Donuts Cash Deposit $17,000.00 ******* -Accepted by TB on
April 11,2016 cm
Released upon CO
Resolution Approval u
w/signed maps
cm
Hilltop Village—Toll Bros. Cash Deposit $157,360.00 **** ** -Accepted by TB on00
(Toll Land V,Limited Partnership) May 28,2013. 00
Osborne Square Cash Deposit $2,000.00 -Accepted by TB on
April 11,2016
Released upon
Completion of
Dumpsters
Prestige Mini Cash Deposit $4,640.00 ******* -Accepted by TB on
March 24,2014.
Released upon
Resolution Approval
w/signed maps
Cc: Planning Board Robert Gray
Town Board Vincent Bettina
Albert P.Roberts,Esq. File
2
Packet Pg. 51
� OQ 5.1.a
STENGER ROBERTS
DAVIS & DIAMOND LLP
1136 Route 9
Wappingers Fails,New York 12590
(845}298-2000
FAX(845)298-2842
Mrww.srddlaw:cbm
e-mail:info@srddlaw.com
August 1, 2016
' e
00
Hon.Joseph P.Paoloni,Town Cierk
Kenneth M.Stenger Town of tNappinger
20 Midd.lebush Road
Albert P.Roberts Wappingers Fills, New York 12590
Thomas R.Davis
Stephen E.Diamond* Re: Waiver and Hold Harmless Agreement
Dear toe: CL
a�
Joan F.Garrett—
In connection with the Quiet Acres repaving project, Roger Humeston of RGH
James P.Horan*— Construction Co.:lnc,will be taking the millings at no cost to the Town. I am enclosing an
lane.Lindars original Waiver and Hold Harmless Agreement signed by Mr.Humeston on,behalf of his
corporation..Since this is an important document I thought it best that this be
Darren H.Fairlie
maintained in your office.Any other releasesshould also be filed in the same folder in
Fred Clarke case there are any claims or lawsuits. I have sent a copy to Vinny and I have retained a
Uj
copy in my files.
OF COUNSEL Very truly yours,
Scott L.Volkman
Karen MacNish STENGER, ROBERTS, DAVIS&DIAMOND, LLP 00
e
Jessica J.Glass - 00
,.µms
ALBERT P.ROBERTS
PARALEGALS
Sandra A.Oakley 'APR/so,
Dawn M.'Paino 'Eric.
Dorothy A.1=ufill
Christine M.Schnittert. cc: Town Board
Rita Worthington Hon.Vincent F. Bettina, Highway Superintendent
CLOSING COORDINATOR
Marla i..Jones M �V l �
'ALSO ADI 77ED'N F!:B MA
..ALSO AMAITTED 4N OT
...ALSO ADMITED.iN NJ AJ u 01 Z 016
TOWN OF WAPPINL:4r .
TOWN CLERK
Packet Pg. 52
5.1.a
WAIVER AND HOLD HARMLESS AGREEMENT
This AGREEMENT is made this . f day of July,2016.,by and between
RGH CONSTRUCTION CO INC.
having an address of
and
TOWN OF WAPPINGER HIGHWAY DEPARTMENT
with offices situated at 20 Middlebush Road
Wappingers Fails,New York 12590
(hereinafter referred to as the"Highway Department") 00
e
WITNESSETH
WHEREAS,the HighwayDepartment is about.to undertake several paving
and/or repaving projects of Town roads which will require the roads to be milled
resulting`in miliings and/or shavings("Excess Materials") which.must be removed from
the site prior to the commencement of paving; and CL
WHEREAS,the undersigned has requested to pick-up these Excess Materials at
the paving site for its own use and at its own cost and expense; and
WHEREAS,such Excess Materials have not been tested for contaminants or
hazardous materials and the.Town makes no representation as to the quality, composition cm
and/or safety of such Excess Materials.
cm
NOW,THEREFORE.,in consideration of the Highway Department releasingco
Excess Material to the undersigned at the Premises, it is hereby agreed as follows:
1. Recitations. The recitations above set forth are incorporatedin this
Waiver and Hold Harmless Agreement as if fully set forth and adopted herein. cm
e
2. indemnification and HoldHarmless. As a condition to the pick-up, 00
00e
loading and/or delivery of Excess Materials by or to the undersigned,the undersigned.
expressly agrees to indemnify, save and hold harmless the Town of Wappinger the Town
of`Wappinger;Highway Department and all other departments of the Town,or any of its
members, officers, agents, or employees from any and all claims or causes of action of
any madeby any person or party for any reason whatsoever, and for any costs, damages
and expenses, direct or indirect,incurred by the Town,,including:all professional and
attorney's fees,expense's and disbursements resulting or accruing from any claim made
against the Town the Towns HighDepartment or the Towns employees and/or the
g a Highway De y p
Town's professionals resulting from the loading,pick-up and/or delivery and use of the
Excess Materials.
Packet Pg. 53
. 5.1.a
IN WITNESS WHEREOF,the undersigned has executed this Waiver and Hold
Harmless Agreement as of the day and date first above written.
RGI CONSTRUCTION CO. INC,
'- .
Roger Rumeston ;j,
" e
00
STATE OF NEW YORK
COUNTY OF DUTCHES'S )ss. cm
On the `"�Aay of July,:2016,before me,the undersigned,personally appeared:
ROGER HUMESTO own"to me or proved to me on the basis of satisfactory evidence
CL
to be the individual whose name is subscribed to the within instrument and acknowledged
to me that he/she executed the same in his/her capacity, and that by his/her signature on
the instrument,the individual,or the person upon behalf of which the individual actedcm,
e
executed the instrument.
cme
LLj
t
Notary Public
cmM
ALBERT P.ROBERTS 00
CD
€s4ary Public state of New York
00
- c.t2t �1a2 1CD
ual€fled in Di'c;�ss Coo*
mission ExplZ February28,20)-.D
I
c�
Packet Pg. 54
C)
Fire 1 1 p sr Report— Mark Liebermann
PREVENTIONFIRE REPORT
Date: August 1, 2016
Fo Dates from January 1, 2016 to August 1, 2016
Total Building Permits applications received. .66
( P
atl ►nal 1203's are a as err�at only and are,not given application °
00
Total Building Permits issued. 48 cm
Total Assembly bly Permits issued: 66
cs :.
Total
al , l's issueCL:
lSearches completed: : 36
Total.Tickets, QTWS and Stop Work:0rdersIssued: 32
laintc ` e Total cc 'S
occ
tac t e It tre a r t : °
ExcelUj
sheats withd6tailsvre available:of the following:
Building Permits aP lice i tis received
Building e i issue00d cm
Assembly Permits issue `
li °
e
00
(co, CC, 1'aissue
CO Searches.completed
Break down of types of inspections an pes of permitsare available if required.
as
MCD
c�
AUG 02 2016
TOWN OF WAPPINGER
TOWN CLERK
Packet Pg. 55
JULY 2016
r �
MONTHLY REALTY TAX REPORT � C/
A B C D E F G H
2 RECEIVER OF TAXES
3
4 Begin. Book Balance $ 46,729.58 * Begin. Bank Balance $ 46,730.19
5 July Receipts $ 190,769.40 $ 190,769.40
6 Interest $ 5.58 $ 5.58
7 Less Disbursements $ (176,550.05) $. (176,550.05)
8
9 Ending Book Balance $ 60,954.51 * Ending Bank Balance $ 60,955.12
10
11 *.60 discrepancy due to bank error on 4/29 00
12 *.01 discrepancy due to bank error on 5/11
13
cm
14 0
15 Submitted by: 0
16
17
18CL
19 Lee Anne Freno, Receiver of Taxes
cme
cm
cm
00
00
e
I
°
AUG 04 2016 0
TOWN OF WAPPINGER
TOWN CLERK
Packet Pg. 56
JULY 2016
REALTY TAX RECEIPTS
A B C D E F G H I J K
1 DATE AMOUNT BATCH TAX PENALTY MEMO NOTICE OVR/DUP INTEREST RETURNED
2 RECEIVED NO. FEE FEE IPAYMENT CHECK FEE
3 7/5/2016 $ 11,475.34 156 $ 11,033.97 $ 441.37
4 7/7/2016 $ 21,899.07 157 $ 21,052.76 $ 842.31 $ 4.00
5 7/8/2016 $ 73,670.93 158 $ 70,835.51 $ 2,833.42 $ 2.00
6 7/13/2016 $ 35,562.61 159 $ 34,185.19 $ 1,367.42 $ 10.00
7 7/13/2016 $ 550.00 $ 550.00
8 7/15/2016 $ 7,447.41 160 $ 7,157.14 $ 286.27 $ 4.OQ
9 7/20/2016 $ 10,357.02 161 $ 9,954.82 $ 398.20 $ 4.00
10 7/21/2016 $ 12,828.13 162 $ 12,332.83 $ 493.30 $ 2.00
11 7/26/2016 $ 10,705.51 163 $ 10,287.99 $ 411.52 $ 6.00
12 7/28/20016 $ 6,273.38 164 $ 6,026.33 $ 241.05 $ 6.00
13 7/31/2016 $ 5.58 5.58
00
1400
,
15 $ 190,774.98 $ 182,866.54 $ 7,314.86 $ 550.00 $ 38.00 $ 5.58
e
04
CL
04
04
LLj
04
00
00 8L
e
e
e
e
u
Packet Pg. 57
JULY 2016
REALTY TAX DISBURSEMENTS
A B C D E F G H
1
2 DATE AMOUNT DCCF SUPERVISOR OVR/DUP CHECK NO.
3 DISBURSED PAYMENT
4
5 7/6/2016 $ 19,116.02 $ 19,116.02 penalty 1673
6 7/6/2016 $ 174.00 $ 174.00 memo fee 1674
7 7/6/2016 $ 20.00 $ 20.00 returned check fee 1676
8 7/6/2016 $ 86.07 $ 86.07 interest(May&June) 1675
9 7/7/2016 $ 46.64 $ 46.64 1677 pending
10 7/20/2016 $ 154,219.39 $ 154,219.39 1678
11 7/21/2016 $ 2,934.57 $ 2,934.57 1679
12 TOTALS $ 176,596.69 $ 154,219.39 $ 19,396.09 $ 2,981.21 00
13 $ (46.64) pending check no. 1677
14 $ 176,550.05 net disbursements cm
0
0
CLW
2
0
cme
cm
co
cm
00
00 e
°
°
0
0
I
Packet Pg. 58
JULY 2016
WATER/SEWER RECEIPTS
A B C D E F
1 DATE AMOUNT 1#OF TRANSACTIONS
2 RECEIVED PROCESSED
3
4 7/5/2016 $ 5,863.05 30
5 7/5/2016 $ 17,065.78 86
6 7/6/2016 $ 13,589.33 49
7 7/7/2016 $ 996.69 3
8 7/7/2016 $ 6,184.50 29
9 7/7/2016 $ 6,481.23 32
10 7/8/2016 $ 687.13 4
11 7/8/2016 $ 17,366.33 92 00
12 7/12/2016 $ 21,400.56 108
13 7/12/2016 $ 1,575.86 11 04
14 7/12/2016 $ 12,957.27 60 0
15 7/14/2016 $ 7,684.31 44 0
16 7/14/2016 $ 12,724.22 70
17 7/15/2016 $ 539.60 3 0
18 7/15/2016 $ 2,145.54 10 CL
0
19 7/15/2016 $ 11,382.63 48
20 7/18/2016 $ 387.42 3 0
21 7/18/2016 $ 3,176.82 21
22 7/19/2016 $ 10,487.67 70 04
' e
23 7/19/2016 $ 16,287.45 80
24 7/19/2016 $ 18,242.93 8504
Co
25 7/20/2016 $ 387.42 3
26 7/20/2016 $ 15 459.93 120
27 7/21/2016 $ 708.54 3
04
28 7/22/2016 $ 12,357.36 62
00
29 7/22/2016 $ 6,949.78 65
00
30 7/25/2016 $ 213.08 1
31 7/25/2016 $ 11,549.06 88 0
32 7/26/2016 $ 10,381.60 91
33 7/26/2016 $ 157.27 1
34 7/26/2016 $ 35,295.05 88
35 7/27/2016 $ 26,750.44 86
36 7/28/2016 $ 259.91 2
37 7/28/2016 $ 38,515.20 47
N38 1
39 TOTALS $ 346,210.96 1596
Packet Pg. 59
TOWN OF WAPPINGER
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 ~�n� i'f RECREATION SECRETARY
Donna Lenhart
Recreation Department
MEMO TO: LORI JIAVA, TOWN SUPERVISOR
WILLIAM BEALE, COUNCILMEMBER
WILLIAM CICCARELLI, COUNCILMEMBER
JOHN FENTON, COUNCILMEMBER
co
MICHAEL KUZMICZ, COUNCILMEMBER
STEVE FRAZIER, SUPERVISOR OF BUILDINGS AND GROUNDS
cm
FROM: JESSICA FULTON, RECREATION DIRECTOR
DATE: August 3,2016
SUBJECT: Community Day Staffing CL
The Recreation Department is requesting the following staffing from the Buildings and
Grounds Department:
• 4 Buildings and Grounds staff members+ the Buildings and Grounds Supervisor for the
e
hours of 7AM-9:30PM
cmCOe
All staff members would be on hand for the duration of the event.This is a long day, but flus is
the shift that has been worked by buildings and gTounds staff at.Community Day in the past. Thus �-
staff would handle the setup, maintenance throughout the day, and clean up at Community Day.
The majority of the manpower needed for this event is in the morning for set up and at night for cm
co
cleanup. The mid portion of the day when fewer staff members would be needed is the time of day
coe
when the crew would be rotating out for breaks.
The total cost of this staffing would be $1,526.25 and it would be paid out of line
A7110.199
We are requesting that the Town Board please approve thus staffing request. Having these staff
members available on Co unity Day will go a long way in helping the event run smootl>ly.
Jessica Fulton
Recreation Director
AUG 04 2016
TOWN OF WAPPINGER
TOWN CLERK
1
Packet Pg. 60
9.1.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. 61
9.6.a
8/4/2016 1:59 PM
MEMORANDUM OF UNDERSTANDING
FOR FEASIBILITY AND DUE DILIGENCE STUDIES TO BE
CONDUCTED AT CARNWATH FARMS
0
This MEMORANDUM OF UNDERSTANDING made this day of as
2016, by and between
0
TOWN OF WAPPINGER
a Municipal Corporation,
with its principal office located at Town Hall,
0
20 Middlebush Road, Wappingers Falls, NY 12590
(hereinafter referred to as the "TOWN") 0
- and-
co
ERIK ANDERSON with an address at
TYLER GRAHAM with an address at 127 Cooper Road Millerton,
New York 12546, and SVEND LINDBACK with an address at 338 3'
Avenue, Suite 1004 Brooklyn, New York 11215(hereinafter collectively referred
to as "PRINCIPALS" and as nominees for a business entity to be formed).
0
WITNESSETH:
00
WHEREAS, the TOWN acquired a 99.5 +/- acre parcel of land located on Wheeler Hill
Road in the Town of Wappinger by deed dated October 12, 2000 from Greystone Programs, Inc.
w
as Grantor, and the Town of Wappinger, as Grantee, which deed was recorded in the Dutchess C
County Clerk's Office on October 18, 2000 at document number 02 2000 9421; and
WHEREAS,the subject property is commonly known as "Carnwath Estate" and/or
"Carnwath Farms"; and 0
E
WHEREAS, located on Carnwath Farms are various buildings including a 19th century
Italian Revival mansion, a carriage house constructed in the latter part of the 19th century,
dormitory building and a large chapel constructed some time during the 1950s, and other related
as
buildings and detached structures in various states of repair and/or disrepair; and
1
Packet Pg. 62
9.6.a
8/4/2016 1:59 PM
WHEREAS, the TOWN had made application to the County of Dutchess for a grant to
defray the cost of purchasing Carnwath Farms through the Dutchess County Open Space and
Farmland Protection Matching Grant Fund; and
0
WHEREAS, Dutchess County approved the grant in exchange for the TOWN executing °'
a Conservation Easement Deed encumbering approximately 94 +/- acres of land (the "Protected
Property"), but excluding from the Conservation Easement Deed approximately 6 acres of land
0
therefrom, which is referred to as the"Retained Property"; and
0
WHEREAS, the Protected Property and the Retained Property are more particularly co
as
shown on a Conservation Easement Map prepared by Paggi, Martin & Del Bene, lasted revised
6/13/2004, and filed in the Office of the Dutchess County Clerk on June 22, 2004 as Map No. 0
11698; and
WHEREAS, the Protected Property was also designated as Park Land by Town Board 0
Resolution dated December 8, 2003; and
00
cm
WHEREAS, the Retained Property contains all of the above-referenced buildings which
cm
are also depicted on Filed Map No. 11698; and co
w
WHEREAS, the TOWN has actively sought proposals to explore the development cm
'm
potential of the Retained Property; and
WHEREAS, the PRINCIPALS have agreed to investigate and undertake feasibility and as
due diligence studies to determine the development potential of the Retained Property, including
E
the restoration and possible reconstruction of the buildings thereon, consistent with the original
uses and historical heritage of Carnwath Farms. E
as
NOW, THEREFORE, in consideration of the feasibility and due diligence studies to be
as
undertaken by the PRINCIPALS at their own cost and expense, and upon compliance with the
2
Packet Pg. 63
9.6.a
8/4/2016 1:59 PM
Three-Tiered feasibility and due diligence studies to be undertaken by the PRINCIPALS as
hereinafter defined, the TOWN and the PRINCIPALS agree as follows:
1. Recitations Incorporated. The recitations above set forth are incorporated E2
0
in this MEMORANDUM OF UNDERSTANDING (hereinafter the "MOU") as if fully set forth as
and recited herein.
S
2. Representations. The PRINCIPALS above-numerated represent they have an
UJ0
extensive and broad range of business experience in the real estate and development field, real
0
estate promotion, beer micro-brewing industry, hospitality industry, and journalism fields. Uponco
the terms hereinafter specified, and at their own cost and expense, the PRINCIPALS agree to
undertake feasibility and due diligence studies to determine and maximize the development 0
potential of the Retained Property, including the buildings situate thereon consistent with the
original uses and historical background of Carnwath Farms as a 19th century farm and equestrian
0
manor and to develop the property, consistent with that heritage, as a destination agri-tourism
00
business (the "Project").
3. Purpose. The purpose of this MOU is to establish the standards pursuant to co
UJ
which the PRINCIPALS will undertake feasibility studies and due diligence investigations and to '4
establish milestones for the completion of the various feasibility and due diligence studies so that
the same can be completed in an expeditious and orderly fashion. The feasibility and due as
diligence studies will be conducted in three separate tiers with specified milestones and/or
E
accomplishments to be completed within each tier. As one group of milestones or
accomplishments are met and completed within the timeframes hereinafter set forth, the E
4s
PRINCIPALS will then be permitted to proceed to the next ensuing tier. Upon failure of the
as
PRINCIPALS to conclude any tier of studies, either party may terminate this MOU on thirty (30)
3
Packet Pg. 64
9.6.a
8/4/2016 1:59 PM
days' notice to the other. The primary purpose herein is to provide the PRINCIPALS and the
TOWN with standards and guidelines which will ultimately lead to a permanent business
relationship in which the Retained Property will be leased, and concomitantly developed as an
0
agri-tourism business center. Consistent with the stated objectives herein, both parties agree to °'
cooperate to the fullest extent practicable so as to permit the PRINCIPALS to undertake the
0
feasibility and due diligence studies in a prompt and timely manner. It is further understood that
0
the PRINCIPALS shall undertake all such feasibility and due diligence studies at their sole cost
0
and expense, upon on terms and conditions hereinafter set forth. The TOWN acknowledges that as
co
the feasibility and due diligence studies will be expensive, time consuming and costly to the
PRINCIPALS, and, accordingly the TOWN agrees to cooperate to the fullest extent practicable 0
so that these studies can be concluded in a prompt and timely fashion.
4. Feasibility and Due Diligence Tests and Studies: Three-Tiered. 0
s�
Tier 1 —Feasibility and Due Diligence Tests and Studies:
00
CM
4.1. Upon execution of this MOU and upon delivery of pre-paid insurance
CM
coverage as hereinafter provided, the PRINCIPALS, and their designated agents and consultants, co
w
shall have the right to conduct such feasibility and due diligence tests and studies, and CM
'M
inspections as deemed necessary by the PRINCIPALS to determine whether the Retained
Property and the buildings and related infrastructure thereon, will be adequate for the proposed as
improvement and development of the Retained Property for the proposed agri-tourism business
E
above-described. It is understood that the PRINCIPALS will retain various consultants to assist
in such tests, studies and inspections. The PRINCIPALS shall notify the TOWN in writing, and E
as
in advance, the names and addresses of any consultants they retain to conduct these tests and
as
4
Packet Pg. 65
9.6.a
8/4/2016 1:59 PM
studies. All consultants must provide the TOWN with proof of insurance coverage in the form
and amount hereinafter set forth.
4.2. The TOWN agrees to deliver and make available all of its records of the 2
0
Retained Property, including surveys, plans, reports, documents, drawings and other materials as °'
may be reasonably requested and needed by PRINCIPALS. Upon reasonable notice and upon
0
approval of the TOWN Supervisor, the TOWN shall also make available such TOWN officers,
Ui0
employees or consultants to assist the PRINCIPALS in undertaking the aforementioned tests and
0
studies.
co
4.3. At the conclusion of these Tier 1 feasibility tests and studies, the
PRINCIPALS will present their findings in the form of a conceptual plan together with a 0
timeline for items to be completed by the parties to facilitate the conceptual plan. Both the
PRINCIPALS and the TOWN agree that it may be necessary to negotiate an amendment to this
MOU to implement the findings of the PRINCIPALS and to facilitate the next steps or
00
CM
procedures to implement the development of the Retained Property and/or proceed to the Tier 2
CM
tests and studies hereinafter set forth. co
w
4.4. The parties agree that the PRINCIPALS shall have a period of 180 days to CM
'M
conclude these Tier 1 feasibility and due diligence tests and studies.
Tier 2—Additional Feasibility and Due Diligence Tests and Studies: as
4.5. Upon notice from the PRINCIPALS that they have satisfactorily
E
completed the Tier 1 feasibility and due diligence tests and studies as described above, the
PRINCIPALS shall promptly proceed with the Tier 2 feasibility and due diligence tests and 0
as
studies as hereinafter set forth. The PRINCIPALS and their designated agents shall be entitled to
as
full entry and access to the Retained Property, and the buildings located thereon, for the purposes
5
Packet Pg. 66
9.6.a
8/4/2016 1:59 PM
of conducting surveying, engineering, property appraisal, Phase I and Phase II Environmental
Audits, Environmental Assessments and such other similar field work including assessment of
building structure and analysis which are consistent with and necessary for the proposed
0
development of the Retained Property as an agri-tourism business project.
4.6. The PRINCIPALS, their designated agents, contractors, consultants and
0
employees shall enter upon the Retained Property at their own risk and shall hold harmless and
Ui0
indemnify the TOWN against any losses or causes of action arising from their exercise of access
0
to the Retained Property. As a condition of such exercise of right of entry, and due diligence co
as
investigations, which may require invasive structural analysis of the buildings and sub-surface
excavation, the PRINCIPALS and their designated agents shall deliver to the TOWN the 0
required general liability insurance policy naming the TOWN as an additional insured certificate
holder on a primary, non-contributory basis as hereinafter provided. All such insurance shall be
provided by a carrier with the rating of no less than "A" as rated by A.M. Best Co. as hereinafter
00
set forth.
4.7. It is expressly understood that this Tier 2 feasibility and due diligence co
w
period will be designed to implement the conceptual plan developed during the Tier 1 feasibility '4
and due diligence period. The PRINCIPALS and the TOWN shall complete detailed
responsibilities as set forth in the conceptual plan developed during Tier 1. The TOWN and the as
PRINCIPALS acknowledge that this Tier 2 feasibility/due diligence period will require a
E
determination of real property tax assessments imposed against the proposed development, a
E
Procedure for implementing any necessary zoning changes, a procedure for obtaining site plan
as
approval (including special use permit approval, if necessary) for the development of the
as
Retained Property, agreement of a "term sheet" detailing the terms and conditions of any
6
Packet Pg. 67
9.6.a
8/4/2016 1:59 PM
required leases for use of the Retained Property in order for the PRINCIPALS to proceed with
the project. The PRINCIPALS and the TOWN acknowledge that the Retained Property and any
buildings located thereon must remain the property of the TOWN, but notwithstanding the
0
foregoing, the parties contemplate that a long-term lease, up to 99 years, may be required for the °'
PRINCIPALS to develop the Retained Property as an agri-tourism business as described above.
0
4.8. The parties agree that the PRINCIPALS shall have a period of 180 days to
Ui0
conclude these Tier 2 feasibility and due diligence tests and studies.
Tier 3 —Final Feasibility and Due Diligence Tests and Studies: co
4.9. Upon determination that the PRINCIPALS have satisfactorily completed
the Tier 2 feasibility and due diligence tests and studies, the PRINCIPALS shall have an 0
additional 180 days to accomplish the following tasks:
4.9.1. PRINCIPALS will prepare formal documents for review, 0
examination and approval by the parties; the PRINCIPALS acknowledge that any long-term
00
CM
lease or use of the Retained Property will require a formal Resolution by the Town Board subject
CM
to Permissive Referendum. co
w
4.9.2. The TOWN agrees it will cooperate in good faith and promptly CM
'M
review an formal documents submitted by the PRINCIPALS, consistent with New York State
Law, with the understanding that the timely execution of formal documents is material to the as
PRINCIPALS' ability to obtain financing for the project. The PRINCIPALS acknowledge that
E
only the Town Board can bind the TOWN to a final agreement for the use and development of
the Retained Property as indicated above. The TOWN agrees to assist the PRINCIPALS in E
as
providing such information as may be needed for the PRINCIPALS to obtain financing for this
as
project whether it be from private investors or commercial lenders.
7
Packet Pg. 68
9.6.a
8/4/2016 1:59 PM
4.9.3. It is expressly understood that the PRINCIPALS must finalize all
equity and debt capitalization activities and demonstrate their capacity to perform all financial
obligations and aspects to implement the development of the project as contemplated herein.
0
5. Exclusivity. The Town Board acknowledges and understands that the as
PRINCIPALS will be expending substantial financial resources to implement the 3-Tiered
0
feasibility and due diligence studies and activities described above which are necessary to bring
Ui0
this project to fruition. In consideration of the expenditure of such funds, the TOWN agrees not
0
to authorize any other persons or entities to undertake feasibility and due diligence studies asco
contemplated herein as long as the PRINCIPALS have fully complied with the terms and
conditions of this MOU. In the event the TOWN receives inquiries from other third-parties who 0
may have an interest in developing the Retained Property, the TOWN will so notify the
PRINCIPALS and give the PRINCIPALS the right to contact such parties to discuss their
s�
potential interest in development of the project.
00
CM
6. Duration. This MOU will remain in full force and effect as long as the
CM
PRINCIPALS proceed in good faith with all of the terms and obligations set forth in this MOU. co
w
This MOU shall terminate upon the execution of formal documents. CM
'M
7. Assignment. The PRINCIPALS herein shall have the right to assign this MOU
to a corporation, limited liability company, or such other business entity as the PRINCIPALS as
deem appropriate, on the condition that the PRINCIPALS have a controlling interest therein and
E
that such corporation, limited liability company, or business entity shall have sufficient financial
resources to implement the provisions of this MOU. E
4s
8. Insurance. PRINCIPALS and their consultants shall secure and maintain during
as
the life of this MOU, including any guarantee period, the following coverages:
8
Packet Pg. 69
9.6.a
8/4/2016 1:59 PM
Bodily Injury, Property Damage $2,000,000 per occurrence
$2,000,000 aggregate
Products and Completed Operations $2,000,000 2
0
Medical Payments $5,000 as
Automobile Liability Insurance $1,000,000
0
Excess Liability Insurance $5,000,000
0
Worker's Compensation Insurance Statutory
8.1. The Commercial General Liability Policy shall include: co
8.1.1. Blanket Contractual;
8.1.2. Broad Form Property Damage; and 0
8.1.3. Fire Legal Liability.
8.2. Conditions: 0
a�
8.2.1. Town to be listed as additional named insured on a primary, non-
00
cm
contributory basis;
cm
8.2.2. Insurance to be provided by Carrier with a rating no less than "A" co
w
as rated by A.M. Best Co.; and cm
'm
8.2.3. All liability insurance written on an occurrence basis.
9. Indemnification. PRINCIPALS agree to defend, indemnify and save harmless 4)
the TOWN from any and all suits, actions or causes of action of every kind, nature and
E
description brought against the TOWN for or on account of any injuries or damages received or
sustained by any party or parties by, from or through the negligence of the PRINCIPALS, its E
4s
officers, members, contractors, agents, employees or invitees.
as
9
Packet Pg. 70
9.6.a
8/4/2016 1:59 PM
10. Notices. All notices required by this instrument must be in writing, and must be
personally delivered or deposited in a mail receptacle maintained by the United States Postal
Service. A mailed notice must be contained in an accurately addressed, sealed envelope, marked
0
for delivery by first class certified mail return receipt requested, with sufficient prepaid postage °'
affixed thereto. Notices to TOWN and PRINCIPALS shall be addressed to their respective
0
addresses as set forth above, or to such other addresses as they may designate by notice given in
Ui0
accordance with this paragraph and to either of their attorneys or as they may from time to time
designate by notice given in accordance with this paragraph. Notice shall be deemed given andco
received as of the date of its personal delivery or 3 days after the date of its mailing in
accordance with this paragraph. 0
11. Applicable Laws. This MOU shall be construed in accordance with the laws
of the State of New York, and constitutes the complete understanding and agreement of the
0
parties.
00
12. Modification. No change, modification, or waiver of any term of this
MOU shall be valid unless it is in writing and signed by both parties. co
w
13. Entire Agreement. This written MOU, when signed by both parties, forms the '1
entire agreement between the parties and replaces and supersedes all prior agreements or
understandings between the parties. as
14. Waiver. No waiver of any breach of any condition of this MOU shall be
E
binding unless in writing and signed by the party waiving such breach. No such waiver shall in
E2
any way affect any other term or condition of this MOU. E
as
15. Successors and Assigns. This MOU shall apply to and bind the successors and
as
heirs, administrators and executors of the parties.
10
Packet Pg. 71
9.6.a
8/4/2016 1:59 PM
16. Schedules. All of the schedules and the annexed documentation hereto shall be
deemed to be and the same are hereby made a part hereof.
17. Statutory Construction. This MOU shall be governed by, and construed and
0
enforced in accordance with, the laws of the State of New York and without the aid of any as
canon, custom or rule of law requiring construction against the draftsman. All equipment,
0
structures and property authorized to be used pursuant to this MOU shall be used, operated,
UJ0
maintained and repaired so as to be in compliance with all applicable statutes, laws, ordinances,
0
local laws, codes, rules and regulations of the Town of Wappinger or any other federal or state as
co
agency having jurisdiction thereof.
18. Effective Date. This MOU shall become effective immediately upon signature 0
by both parties.
19. Termination. Either party may terminate this MOU upon 180 days written 0
a�
notice to the other.
00
20. Time Requirements. Any time requirements set forth herein may be extended
by mutual agreement of the parties. co
UJ
IN WITNESS WHEREOF, the parties have each executed this Memorandum of '4
Understanding as of the date first set forth above.
TOWN OF WAPPINGER
By:
Lori A. Jiava, Supervisor 2
0
0
Erik Anderson
11
Packet Pg. 72
9.6.a
8/4/2016 1:59 PM
Tyler Graham 0
E
Svend Lindback E
as
0
C
0
00
CMe
CD
CM
CM
e
C
8!i
C
4-
0
C
L
0
C
0
12
Packet Pg. 73
9.7.a
N
co
BUS STOP SIGN AMENITIES
INTER-MUNICIPAL AGREEMENT
BETWEEN THE COUNTY OF DUTCHESS AND TOWN OF WAPPINGER
co
THIS AGREEMENT by and between the County of Dutchess, a municipal corporation
co
one of the counties of the State of New York, having its offices located at 22 Market Street
Poughkeepsie, New York 12601, hereinafter referred to as the "County" and the TOWN OF 0.
WAPPINGER, a municipal corporation of the State of New York, having its offices located at 20
Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as the
"Municipality".
co
WHEREAS, Article IX (Local Governments) of the New York State Constitution, and
Article 5-G Section 119-o of the General Municipal Law of the State of New York authorize
municipalities of the State of New York to enter into inter-municipal agreements for the
performance of cooperative activities; and
WHEREAS, Section 5307 of Title 49, United States Code, provides federal assistance for
public transportation in urbanized areas, to be administered by the Federal Transportation
Administration; and
c�
WHEREAS, the County presently operates a public transit system, consisting of, among 0.
other things, fixed routes throughout Dutchess County, including ingress and egress to the
Municipality; and U.
WHEREAS the County and the Municipality desire to enhance public transportation
service and improve passenger safety and convenience through the installation of bus stop signs,
shelters and other amenities within the Municipality. 0
NOW, THEREFORE, in consideration of the covenants herein set forth, it is mutually >
agreed by and between the County and the Municipality as follows:
1. BUS STOP SIGNS, SHELTERS AND OTHER AMENITIES: From time to
time, the County acquires bus stop signs, free standing bus shelters and other amenities of
various types with Federal Transit Administration (FTA), New York State and County funds.
Certain of those signs, shelters and other amenities shall be available to the Municipality through
the Dutchess County Bus Stop Sign and Shelter Program (the Program) as hereinafter provided. E2
r_
0
2. PROGRAM ATTACHED: A copy of the Program is attached hereto and made a
part hereof as Exhibit"A". The Municipality agrees to comply with the Program, which 0
addresses details not addressed in this Agreement. The County may make changes to the
Program from time to time. The Municipality, however, may refuse to accept those changes for
signs, shelters and other amenities it received prior to the changes. The changes shall be
mandatory only for signs, shelters and other amenities received after the changes were made. 0
3. SIGN, SHELTER AND AMENITY EQUIPMENT LEASE: From time to time,
the Municipality will be advised of available signs, shelters and other amenities for which it may E
11490
Packet Pg. 74
9.7.a
N
CO
apply. If the County approves that application, the Municipality shall, at its expense erect,
maintain, and insure each sign, shelter or other amenity it receives pursuant to this Agreement.
By this Agreement, the County leases to the Municipality and the Municipality leases from the
County various signs, shelters and other amenities as herein provided. CO
From time to time, the Municipality will be advised that certain transit-related amenities CO
CO
purchased by a Municipality may be reimbursable at a set rate determined by an existing state
contract. The Municipality would get prior approval from the County, purchase the amenity and 0.
submit reconciled payment documentation for reimbursement for the set rate per amenity.
4. NOTIFICATION AND DELIVERY: Within ninety (90) days of notification that
CO
its application for a sign and/or shelter or amenity has been accepted by the County, the Z
Municipality shall erect such sign, shelter or amenity, in accordance with the manufacturer's
guidelines, at a designated location within the Municipality. Such sign and/or shelter or
amenity will be available for pick-up by the Municipality, at its expense, at the County's bus
facility at 14 Commerce Street, Poughkeepsie, New York as the parties agree. If the sign,
shelter or amenity has not been erected within ninety (90) days of notification, the County may
withdraw its sign, shelter or amenity offer upon thirty (30) days written notice.
5. INSPECTION/MAINTENANCE FORM AND USEFUL LIFE. After the sign,
shelter or other amenity has been erected by the Municipality, the Municipality shall inspect it z
and issue an inspection/maintenance form if the sign, shelter or other amenity has been erected in 0.
compliance with this Agreement and the Program. The Municipality shall obtain, at its
expense, any and all permits or other authorizations that may be required to erect and maintain U.
the signs, shelters or other amenity. The useful life for Program purposes of a Program sign is z
ten (10)years and for a Program shelter is fifteen (15) years, measured from issuance of an 3:
inspection/maintenance form. The useful life for an amenity shall be as the Program provides.
After the useful life of a sign, shelter or other amenity has expired, the Municipality may 0
either, if it is no longer functional, remove and properly dispose of it, or if it is still functional,
continue to maintain it. The Municipality shall notify the County when it intends to remove an >
existing sign, shelter or other amenity.
6. MAINTENANCE: The Municipality shall maintain the sign, shelter or other
amenity and keep them clean and in good repair at all times. Any damage due to weather,
vandalism or other causes shall be promptly repaired or replaced at the expense of the
Municipality. The Municipality shall submit an updated inspection/maintenance form annually.
7. SNOW AND ICE CONTROL. The Municipality shall remove all ice and snow r_
from any sign or amenity and from and about any shelter including its roof and sides promptly
after any ice has formed and snow has ceased to fall and shall comply with all requirements in 0
connection therewith.
E2
8. ADVERTISING: No advertising shall be placed upon, in or about any sign,
shelter or other amenity without the consent of the County which the County may withhold in its
sole discretion. 0
11490
Packet Pg. 75
9.7.a
N
co
9. EXISTING SIGN& SHELTER INVENTORY: Signs, shelters and other
amenities within the Municipality previously provided by the County are described on Exhibit
"B" by: nearest cross streets, sign, shelter or amenity number, last inspection date, maintenance
dates, and if available, a certificate of completion date or first date of service. The Municipality co
agrees to insure, maintain and dispose of those signs, shelters and other amenities in the same co
manner as all others provided to it through the Program and this Agreement. The Municipality �
shall provide the County with a copy of the Inventory once a year, in July of each year. IL
10. SIGN, SHELTER& OTHER AMENITY INVENTORY AFTER EXECUTION.
The Municipality shall keep an inventory of all signs, shelters and other amenities provided to it
by the County after execution of this Agreement with the same information as is required for z
Exhibit `B". The Municipality shall provide the County with a copy of the Inventory once a
year, in October of each year.
11. COUNTY VISUAL INSPECTION. Twice annually, or as necessary, the County
will undertake a visual inspection of the signs, shelters and other amenities and will advise the
Municipality of its observations. Promptly after receipt thereof, the Municipality shall correct
any deficiencies noted therein and so advise the County. If the Municipality fails to correct any
such deficiency, the County may upon ten (10) days written notice of its intention to do so,
correct the deficiency, as appropriate, or remove and dispose of the shelter, sign or other amenity z
all at the Municipality's expense. Notwithstanding the above, in an emergency the County may 0.
take immediate action.
U_
12. ANNUAL REVIEW: During the first week of October, the Municipality shall a
conduct an annual review of all Program signs, shelters and other amenities. It shall provide the 3:
County with a copy of completed inspection/maintenance forms within twenty (20) days of its
completion. 0
13. CHANGED CIRCUMSTANCES: If, as a result of a reduction or change in >
service, a bus stop is removed from service or relocated, the Municipality shall promptly remove
the sign, shelter or other amenity located at that stop and shall relocate the sign, shelter or other
amenity as the County directs.
14. NOTICE. Any notice required or desired to be given or served by either party
shall be deemed to have been given or served by either party to when made in writing and
mailed, by certified or registered mail, postage pre-paid, addressed as follows:
Municipality: Town of Wappinger
20 Middlebush Road 0
Wappingers Falls, NY 12590
County: Dutchess County Commissioner of Dept. of Public Works and
Dutchess County Transit Administrator
626 Dutchess Turnpike 0
Poughkeepsie, NY 12603
11490
Packet Pg. 76
9.7.a
N
co
The addresses may be changed from time to time by either party by serving notice.
15. RULES AND REGULATIONS. The Municipality agrees to abide by applicable
federal and state laws and rules and regulations with respect to bus signs, shelters and other co
amenities including but not limited to 49 USCA 5307(a)(2). The Municipality shall perform, co
co
using standards of care acceptable to the County and in strict compliance with all applicable
federal, including but not limited to 49 USCA 5307(a)(2), state and local laws, regulations and
procedures, these services required pursuant to this Agreement.
16. DEFENSE AND INDEMNIFICATION
co
GENERAL LIABILITY: For all matters other than those arising out of the z
Municipality's professional services (such other matters commonly referred to as "General
Liability Claims"), the Municipality agrees to the fullest extent permitted by law to defend,
indemnify and hold the County and its employees harmless from any and all such losses, claims,
liens, demands and causes for action, including but not limited to, judgments, penalties, interest,
court costs, and legal fees incurred by the County on behalf of any party, in connection with or
arising directly or indirectly from this Agreement. The Municipality shall investigate, handle,
respond to and defend any such claims, demands or suits at his sole expense, and shall bear all
other related costs and expenses even if such claims, demands or suits are groundless, false or
fraudulent. This indemnification section shall survive the expiration or termination of this z
Agreement.
In any matter in which indemnification hereunder for either professional or non-professional
services would violate Section 5-322.1 of the New York General Obligations Law or any other U.
applicable legal prohibition, the foregoing provisions shall not be construed to indemnify the z
County for damage arising out of bodily injury to persons or to property caused by or resulting 3:
from the sole negligence of Dutchess County employees. The term "employee" shall include all
officers, advisory board members and/or volunteers serving the County. 0
17. INSURANCE REQUIREMENTS. At all times during the term of this >
Agreement, the Municipality and its sub contractors, if any, shall maintain at his own cost the
following insurance and shall provide proof thereof to the County, in the form of a Certificate of
Insurance, prior to commencing work under this Agreement:
U.
Worker's Compensation Employer's Liability (statutory limits). In compliance with the
Workers' Compensation Law of the State of New York, each Municipality shall provide:
a. a certificate of insurance on an Acord form indicating proof of coverage for Worker's
Compensation, Employer's Liability, OR
b. a New York State Workers Compensation Notice of Compliance (Form C-105, Form U- 0
26.3, Form SI-12 or Form SI-I05.2P).
c. In the event that the sub contractor is exempt from providing coverage, he must provide a
properly executed copy of the Certificate of Attestation of Exemption from NYS Workers'
Compensation Board, Form CE-200.
0
Commercial General Liability Insurance coverage including blanket contractual coverage for
the operation of the program under this Agreement with limits not less than $1,000,000 per
11490
Packet Pg. 77
9.7.a
N
co
occurrence and $2,000,000 in the aggregate. This insurance shall be written on an occurrence
coverage form and include bodily injury and property damage liability. The County must be
listed as additional insured. The additional insured endorsement for the Commercial General
Liability insurance required above shall not contain any exclusion for bodily injury or property co
damage arising from completed operations. co
co
ca
The Acord form certificate of insurance must contain the following provisions: 0.
(A)The County of Dutchess must be listed as certificate holder and additional insured on the
commercial general, umbrella/excess, and automobile liability policies. In addition, the
commercial general liability policy must include the additional insured endorsement co
forms cg 2037 July 2004 edition and the cg 2010 April 2013 edition or their equivalent.
(B) The commercial general and automobile policies are primary and noncontributory.
(C) The commercial general liability, auto liability and workers compensation policies must
contain a waiver of subrogation in favor of the County of Dutchess.
(D)The umbrella/excess policy is primary and noncontributory and must contain a waiver of
subrogation in favor of the County of Dutchess.
(E) If the workers compensation Notice of Compliance is used instead of the Acord
certificate of insurance, the Notice of Compliance must indicate that a waiver of
subrogation in favor of the County of Dutchess is provided. z
FL
All policies of insurance referred to above shall be underwritten by companies authorized to do
business in the State of New York with an A.M. Best financial strength rating of A- or better. In 0
the alternative, the policies of insurance referred to above may be underwritten by Non-Admitted z
companies with an A.M. Best financial strength rating of A+ or higher. In addition, every policy 3:
required above shall be primary and noncontributory. Any insurance carried by the County, its
officers, or its employees shall be excess and noncontributory insurance to that provided by the 0
Municipality. The Municipality and its sub contractor(s), if any, shall be solely responsible for
any deductible losses under each of the policies required above. >
Payment(s) to the Municipality may be suspended in the event the Municipality and his
sub-Municipality(s), if any, fails to provide the required insurance documentation in a timely
manner.
Prior to cancellation or material change in any policy, a thirty (30) day notice shall be
given to the County Attorney at the address listed below:
Dutchess County Attorney
County Office Building
22 Market Street r_
Poughkeepsie, New York 12601
0
On receipt of such notice, the County shall have the option to cancel this Agreement without
further expense or liability to the County, or to require the Municipality to replace the cancelled
insurance policy, or rectify any material change in the policy, so that the insurance coverage
required by this paragraph is maintained continuously throughout the term of this Agreement in
form and substance acceptable to the County. Failure of the Municipality to take out or to 0
maintain, or the taking out or the maintenance of any required insurance, shall not relieve the
Municipality from any liability under this Agreement nor shall the insurance requirements be
11490
Packet Pg. 78
9.7.a
N
co
construed to conflict with or to limit the obligations of the Municipality concerning
indemnification.
All losses of County property shall be adjusted with and made payable directly to the
County. co
All Certificates of Insurance shall be approved by the County's Director of Risk co
co
Management or designee prior to commencement of any work under this Agreement.
In the event that claims in excess of these amounts are filed in connection with this 0.0.
Agreement, the excess amount or any portion thereof may be withheld from payment due or to
become due the Municipality until the Municipality furnishes such additional security as is
determined necessary by the County.
co
17. NON-DISCRIMINATION. No services to be rendered pursuant to, or in
connection with, this Agreement may be refused to any person because of age, race, color, creed,
sex, sexual orientation, national origin, disability or marital status
Municipality shall take all affirmative steps necessary to ensure equal employment
opportunities without discrimination because of age, race, creed, color, sex, sexual orientation,
national origin, disability or marital status and to comply with all federal, state and local civil
rights laws including, but not limited to, the Americans with Disabilities Act.
w
18. RETENTION OF RECORDS. The Municipality agrees to maintain and have
available for audit such records as may be required by the County New York State or United 0.
States governmental agencies. These records shall be available for inspection by properly
identified personnel of the above governmental agencies upon reasonable notice, and shall be U.
maintained for a period of six (6) years after termination of this Agreement. z
19. TERM: This Agreement shall begin on October 1, 2015 and shall terminate on
September 30, 2020.
as
Dated:
APPROVED AS TO FORM: ACCEPTED : DUTCBESS COUNTY
County Attorney's Office Marcus J. Molinaro, County Executive
APPROVED AS TO CONTENT: TOWN OF WAPPINGER 0
0
Department of Public Works Barbara Gutzler, Town Supervisor
0
Public Transit E
11490
Packet Pg. 79
9.7.a
M
co
EXHIBIT A
DUTCHESS COUNTY co
co
TRANSIT AMENITIES PROGRAM co
co
Dutchess County has and is distributing bus stop signs, bus stop shelters, and other
Z
amenities for use throughout the County. The signs, shelters and other amenities are placed
along fixed bus routes to identify the location as a bus stop and to offer shelter to passengers. Z
These amenities are funded with Federal Transit Administration Section 5307, New York State,
and/or County funds.
All transit amenities are the property of Dutchess County; however, they are leased to,
insured by, and in the care of the municipality in which they were erected. A municipality that
wants a bus stop sign, shelter or other amenity must apply to the County for them. Upon award, Uj
c�
the municipality must enter into an intermunicipal agreement with the County (see sample
intermunicipal agreement)to erect, maintain, and insure any bus stop sign, shelter or amenity it
is to receive or has received from the County. Each municipality seeking a new award must do U.
so even for existing bus stop signs and shelters, if they were previously provided by the County
and there is now no intermunicipal agreement in place requiring the municipality to erect,
0
maintain and insure them.
as
Bus stop signs have a useful life of ten (10) years and shelters fifteen(15) years. The >
Program will establish the useful life for amenities on a case by case basis. Some agreements
will be ongoing as shelters and signs are replaced.
Various factors are taken into consideration in establishing the bus stop location
hierarchy. A primary consideration in establishing the location hierarchy is the number of
boardings at each stop listed on the Dutchess County LOOP Bus Schedules. Stops that have a
r-
high number of boardings on average will be ranked higher than stops with a lower number of
boardings. The demographics of the passengers using the stops will also be considered. If
r-
there are a high number of senior citizens or people with disabilities who may need to sit to wait
for the bus, this will be factored in.
Communities which enter into the intermunicipal agreement referenced above may also 0
receive, for bus stops that do not have a shelter, bus stop signs to be erected, maintained and
E
11490
Packet Pg. 80
9.7.a
M
co
insured by the municipality for designated bus stops listed on the LOOP fixed route bus
schedule. The New York State Department of Transportation may assist in erecting signs and
Ui
shelters as needed. co
co
Dutchess County Public Transit (DCPT) manages the Bus Stop Sign and Shelter Program co
and may in its discretion may make changes to the Program. DCPT will facilitate the delivery 0.
and monitoring of bus stop signs and shelters. DCPT will also assist municipalities in erecting
the shelters as needed.
co
0
E2
a
0
0
r-
E2
0
11490
Packet Pg. 81
9.7.a
e
LLJ
LLJ
IL
EXHIBIT B
ANNUAL EXISTING SIGN&SHELTER INVENTORY
SIGN or AMENITY DATE OF LAST DATE OF LAST DATE OF CERT.
SHELTER NEAREST CROSS STREET NUMBER INSPECTION MAINTENANCE COMPLETION
IL
t
CL
4)
LLJ
IL
O
O
O
O
Packet Pg. 82
9.8.a
NOTICE OF PUBLIC HEARING
TOWN OF WAPPINGER
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a 0
to
PUBLIC HEARING on the 12th day of September, 2016, at 7:30 p.m. at the Town Hall, Town of 6
Z
Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and
7@
citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger 0
shall adopt a proposed Local Law No. 5 of the Year 2016 entitled "TOWN OF WAPPINGER CODE
REGULATING THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE 0
E
UNIFORM CODE AND ENERGY CODE" and by the adoption thereof shall enact provisions governing
the issuance of building permits, operating permits, certificates of occupancy, enforcing violations as well 0
as other aspects controlled by the New York State Uniform Building and Fire Prevention Code and the
cm
cm
State Energy Code.
cm
PLEASE TAKE FURTHER NOTICE that the Town Board has determined that the enactment U"
Baa
of the aforementioned Local Law is a Type II action pursuant to Article 8 of the Environmental
Conservation Law,Part 617 NYCRR(commonly known as "SEQRA")and pursuant to Chapter 117 of E
the Code of the Town of Wappinger(the Town's Environmental Quality Review Law)which establishes
locally designated Type I actions and is not subject to environmental review.
0
PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law are available for
0
review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the
Town Hall,20 Middlebush Road, Wappingers Falls,New York.
cm
Dated: August 8,2016
BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER
JOSEPH P.PAOLONI, TOWN CLERK
0
0
F:\0)Chris\Local Laws\Local Law Filing\2016\Local Law 5\Notice of Public Hearing 2016 Uniform Code Amendments.docx
Packet Pg. 83
9.8.b
A Local Law entitled "Town of Wappinger Code Regulating the Administration and
Enforcement of the New York State Uniform Code and Energy Code"
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
cm
Section -L• LEGISLATIVE INTENT
as
(A) On April 6,2016, the Department of State published in the New York State Register a
Notice of Adoption of Updated Provisions of the Uniform Fire Prevention and Building
Code ("Uniform Code") which becomes effective October 6, 2016 which adopts the
2015 International Building Code, 2015 International Residential Code, 2015 d
International Existing Building Code, 2015 International Fire Code, 2015 International z
Plumbing Code, 2015 International Mechanical Code, 2015 International Fuel Gas cc
Code, 2015 International Property Maintenance Code, and the 2016 Uniform Code @
Supplement. 0
(B) On April 6,2016, the Department of State published in the New York State Register a
Notice of Adoption of Updated Provisions of the State Energy Conservation
Construction Code ("Energy Code") which becomes effective October 6, 2016 which 0
adopted the 2015 International Energy Conservation Code, 2013 ASHRAE 90.1 and the E
2016 Energy Code Supplement.
0
(C) Since the Town Board of the Town of Wappinger enacted Local Law 10 of 2006 which
created Chapter 85 of the Town Code to provide for the administration and enforcement
of the New York State Uniform Code and Energy Code the New York Statecm
cm
Regulations governing the implementation of the Uniform Code have changed in
several important respects.
cmM
co
(D) In order to effectively implement, the current provisions of the Uniform Code and the Uj
Energy Code and to insure compliance with the current State regulations the existing
provisions of Chapter 85 of the Town Code shall be repealed and a new Chapter 85
00
shall be adopted in its place.
Section -IL• REPEAL OF EXISTING CHAPTER 85
7@
U
(A) The provisions of Chapter 85 of the Town Code which were created by Local Law 10 0
of 2006 are hereby repealed and will be superseded by a new Chapter 85 enacted
herein.
(B) Effect of Repeal. All permits, certificates, orders and authorizations issued prior to the
effective date of this local law remain in full force and effect. All applications for
building permits received after the effective date of this Local Law shall be processed
in accordance with the provisions of this Local Law.
C:AUsers\jpaoloni\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\601PQQG5\Draft Local Law 2016-08-03.docx
Last Saved: 8/4/2016 14:25
Packet Pg. 84
9.8.b
Section -III: ADOPTION OF NEW CHAPTER 85
A new Chapter 85 of the Town Code of the Town of Wappinger is hereby adopted to read as
follows:
"CHAPTER 85
BUILDING CONSTRUCTION—ADMINISTRATION OF NYS UNIFORM CODE '-
§85-1 PURPOSE AND INTENT.
(A) This Chapter provides for the administration and enforcement of the Uniform Fire
to
Prevention and Building Code (the Uniform Code) 19 NYCRR § 1219.1 in the Town of d
Wappinger as required by New York Executive Law § 381. z
3
(B) This Chapter provides for the administration and enforcement of the State Energy
Conservation Construction Code (the Energy Code) 19 NYCRR Part 1240 in the Town 0
of Wappinger as required by New York Executive Law § 381.
(C) This Chapter incorporates the minimum features of a program for administration and
enforcement of the Uniform Code as required by 19 NYCRR Part 1203. 0
43
E
(D) This Chapter incorporates the Order to Remedy time periods specified in
19 NYCRR § 1203.5 in order to comply with the provisions of New York Executive
Law § 382(2).
as
(E) This Chapter also confers upon the Code Enforcement Officer all authority granted to a
Town Building Inspector by Town Law § 138. C4
(F) This Chapter is adopted pursuant to §10 of the Municipal Home Rule Law.
co
Ui
§85-2 DEFINITIONS.
(A) In this Chapter: 00
e
(1) "Agricultural Building" shall mean a structure designed and constructed to
house farm implements, hay, grain,poultry, livestock or other horticultural
products, excluding any structure designed, constructed or used, in whole
or in part, for human habitation, as a place of employment where
agricultural products are processed, treated or packaged, or as a place used 0
by the public.
(2) "Building Permit" shall mean a permit issued pursuant to §85-5. The term
"Building Permit" shall also include a Building Permit which is renewed,
amended or extended pursuant to any provision of this Chapter as well as
a Demolition Permit.
(3) "Certificate of Occupancy" shall mean a certificate issued pursuant to
subdivision §85-8 of this Chapter.
2
Packet Pg. 85
9.8.b
(4) "Change in Occupant Permit" shall mean a permit issued pursuant to §85-
13.
(5) "Code Enforcement Officer" shall mean the Code Enforcement Officer
appointed pursuant to §85-3(A) of this Chapter.
cm
(6) "Code Enforcement Personnel" shall include the Code Enforcement
Officer, the Fire Inspector, Deputy Fire Inspectors and all Inspectors.
as
(7) "Demolition Permit" a Building Permit issued for the demolition of all or
a portion of a building. 0
d
(8) "Deputy Fire Inspector" shall mean a Deputy Fire Inspector appointed
pursuant to §85-3(C) of this Chapter. The Deputy Fire Inspector shall have
all of the powers granted to the Fire Inspector under this Chapter. @
U
0
(9) "Energy Code" shall mean the State Energy Conservation Construction
Code, as currently in effect and as hereafter amended from time to time.
19 NYCRR Part 1240.
0
4343
(10) "Fire Inspector" shall mean the Fire Inspector appointed pursuant to §85- E
3(C) of this Chapter.
(11) "Inspector" shall mean an inspector appointed pursuant to §85-3(D) of
this Chapter.
cm
(12) "Operating Permit" shall mean a permit issued pursuant to §85-11. The cm
e
term "Operating Permit" shall also include an Operating Permit which is
renewed, amended or extended pursuant to any provision of this Chapter. cm
co
(13) "Order to Remedy" shall mean an order issued by the Code Enforcement
Officer pursuant to §85-17(A) of this Chapter.
00e
(14) "Permit Holder" shall mean the Person to whom a Building Permit has
been issued. cm
3
(15) "Person" shall include an individual, corporation, limited liability
company, partnership, limited partnership, business trust, estate, trust, U
association, or any other legal or commercial entity of any kind or
description. E2
a
(16) "Stop Work Order" shall mean an order issued pursuant to §85-7.
as
(17) "Town" shall mean the Town of Wappinger.
(18) "Town Board" shall mean the Town Board of the Town of Wappinger.
3
Packet Pg. 86
9.8.b
(19) "Uniform Code" shall mean the New York State Uniform Fire Prevention
and Building Code pursuant to 19 NYCRR § 1219.1, as currently in effect
and as hereafter amended from time to time.
(B) If a word is not defined in this section, it shall have the meaning defined in the Uniform
Code or Energy Code. C4
§85-3 CODE ENFORCEMENT OFFICER, FIRE INSPECTOR AND INSPECTORS.
as
(A) The public office of Code Enforcement Officer for the Town of Wappinger is hereby
continued. The Code Enforcement Officer shall administer and enforce all the 0
provisions of the Uniform Code, the Energy Code, this Chapter and other provisions of d
the Town of Wappinger Code. Code Enforcement Officers shall be appointed by the z
Town Board. Code Enforcement Officers shall possess background experience related
to building construction or fire prevention. The appointment shall be in accordance with @
the applicable NY Civil Service Law. 0
(B) In the event that no Code Enforcement Officers is able to serve as such for any reason,
an individual shall be appointed by the Town Board to serve as Acting Code
Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of 0
his or her appointment, exercise all powers and fulfill all duties conferred upon the E
Code Enforcement Officer by this Chapter as permitted by NYS Executive Law and
Title 19 of the New York Administrative Code. 0
(C) The public office of Fire Inspector established by Local Law 3 of 1983 is hereby
continued. The Fire Inspector shall administer and enforce all the provisions of the
Uniform Code, the Energy Code, this Chapter and other provisions of the Town of
Wappinger Code. The Fire Inspector shall be appointed by the Town Board and the
Town Board shall have the power to appoint such Deputy Fire Inspectors that it deems co
Ui
necessary. The Deputy Fire Inspector shall have all authority of the Fire Inspector but
shall act under the direction of the Fire Inspector unless acting in his absence. The Fire
Inspector shall possess background experience related to fire prevention. The
00
CD
appointments shall be in accordance with the applicable NY Civil Service Law.
(D) One or more Inspectors may be appointed by the Town Board to act under the
supervision and direction of the Code Enforcement Officer and to assist the Code
Enforcement Officer in the exercise of the powers and fulfillment of the duties @
conferred upon the Code Enforcement Officer by this Chapter. The appointment shall 0
be in accordance with the applicable NY Civil Service Law.
(E) The compensation for the Code Enforcement Personnel shall be fixed from time to time
by the Town Board of the Town as provided by law.
(F) Qualifications, training and continuing education. Code Enforcement Personnel
shall, within the time prescribed by law, obtain such basic training, in-service training, <
advanced in-service training and other training required by the State of New York
pursuant to Executive Law §376-a and any regulations promulgated thereunder,
4
Packet Pg. 87
9.8.b
including but not limited to 19 NYCRR Part 1208. Inspectors shall complete and
maintain a level of training appropriate to their specific duties.
(1) Code Enforcement Officers appointed by the Town shall be certified and
maintain their status as Certified Code Enforcement Officers pursuant to
Fr-
19 NYCRR Part 1208. CM
(2) Code Enforcement Personnel whose duties include only the inspection of
existing buildings (i.e., fire and property maintenance inspections only),
shall be certified and maintain their status as Certified Building Safety
Inspector pursuant to 19 NYCRR Part 1208. to
d
(G) The Code Enforcement Officer shall have the following powers and duties:
(1) to receive, review, and approve or disapprove applications for Building
Permits, Certificates of Occupancy and Operating Permits, and the plans, 0
specifications and construction documents submitted with such
applications;
(2) upon approval of such applications, to issue Building Permits, Certificates
of Occupancy and Operating Permits, and to include in Building Permits
Certificates of Occupancy and Operating Permits such terms and
conditions as the Code Enforcement Officer may determine to be 0
appropriate;
(3) to conduct construction inspections, inspections to be made prior to the
CM
issuance of Certificates of Occupancy, and Operating Permits, fire safety `M
W
and property maintenance inspections, inspections incidental to the CD
CM
investigation of complaints, and all other inspections required or permitted s
under any provision of this Chapter; ua
(4) to issue Stop Work Orders pursuant to §85-7;
00
CDe
(5) to review and investigate complaints;
CM
(6) to issue compliance orders pursuant to §85-17(A);
(7) to maintain records required by law; U
(8) to collect fees as set by the Town Board of the Town;
(9) to pursue administrative enforcement actions and proceedings;
as
(10) to exercise all authority granted to a Town Building Inspector by Town
Law § 138 and other provisions of New York State Law;
(11) to exercise all duties and powers conferred on the title by all other
Chapters of the Town of Wappinger Code;
5
Packet Pg. 88
9.8.b
(12) to inspect Town buildings and property, wherever located, and make
reports to the Town Board about their condition whenever directed by the
Town Board;
(13) in consultation with the Attorney to the Town of Wappinger, to pursue
such legal actions and proceedings as may be necessary to enforce the
Uniform Code, the Energy Code and this Chapter, or to abate or correct
conditions not in compliance with the Uniform Code, the Energy Code or
this Chapter; and
(14) to exercise all other powers and fulfill all other duties conferred upon the to
Code Enforcement Officer by this local law. 6
(H) Prohibited Conduct. No Code Enforcement Officer shall engage in any activity
inconsistent with his duties or with the interests of the Town of Wappinger, nor shall he @
or she, during the term of his or her employment, be engaged directly or indirectly in 0
any building business, in the furnishing of labor, materials or appliances for the
construction, alteration or maintenance of a building or in the preparation of plans or
specifications thereof within the Town of Wappinger, except that this provision shall
not prohibit any employee from such activities in connection with the construction of a E
building or structure owned by him or her.
§85-4 APPLICABILITY.
(A) Except as otherwise provided in the Uniform Code, other state law, other state
regulation, or the Town of Wappinger Code, all buildings, structures, and premises
within the Town of Wappinger are subject to the provisions this Chapter.
(B) All buildings, structures and premises owned by the Town of Wappinger, wherever
co
located, are subject to the provisions of this Chapter.
§85-5 BUILDING PERMITS.
00e
(A) Building Permits Required. Except as otherwise provided in subdivision (B) of this
section, no Person shall construct, enlarge, alter, improve, remove, relocate or demolish C4
any building, structure, or any portion of a building or structure, or install any solid fuel cc
burning heating appliance, chimney or flue without first having obtained a Building @
Permit from the Code Enforcement Officer. 0
(B) Exemptions. No Building Permit shall be required for work in any of the following E2
categories: a
(1) construction or installation of one story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) without electric, heating or plumbing, which are used for
tool and storage sheds,playhouses or similar uses,provided the gross floor
area does not exceed 144 square feet(13.88 square meters);
6
Packet Pg. 89
9.8.b
(2) installation of swings and other playground equipment associated with a
one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3) installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such CM
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;
as
(4) installation of fences which are not part of an enclosure surrounding a
swimming pool; ,o
d
(5) construction of retaining walls unless such walls support a surcharge or
impound Class I, II or IIIA liquids;
7@
(6) construction of temporary motion picture, television and theater stage sets 0
and scenery;
(7) installation of window awnings supported by an exterior wall of a one- or
two-family dwelling or multiple single-family dwellings (townhouses); 0
(8) installation of partitions or movable cases less than 5'-9" in height;
(9) painting, wallpapering, tiling, carpeting, or other similar finish work;
as
(10) installation of listed portable electrical, plumbing, heating, ventilation or
cooling equipment or appliances; CM
W
CD
(11) replacement of any equipment provided the replacement does not alter the CM
CO
equipment's listing or render it inconsistent with the equipment's original
specifications; or
(12) repairs,provided that such repairs do not involve: 00
CDe
(a) the removal or cutting away of a loadbearing wall, partition, or
CD
portion thereof, or of any structural beam or load bearing M
component;
(b) the removal or change of any required means of egress, or the U
rearrangement of parts of a structure in a manner which affects
egress;
(c) the enlargement, alteration, replacement or relocation of any
building system; or
(d) the removal from service of all or part of a fire protection system
for any period of time.
(C) Exempt work to Comply with Uniform Code. Notwithstanding the exemption from
obtaining a building permit for work in any category set forth in subdivision (B) of this
7
Packet Pg. 90
9.8.b
section, all construction work performed in the Town of Wappinger shall conform to
the requirements of the Uniform Code or the Energy Code.
(D) Applications for Building Permits. Applications for a Building Permit shall be made
in writing on a form provided by or otherwise acceptable to the Code Enforcement
Officer. The application shall be signed by the owner of the property where the work is CM
to be performed or an authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit a
determination by the Code Enforcement Officer that the intended work complies with
all applicable requirements of the Uniform Code and the Energy Code. The application
shall include or be accompanied by the following information and documentation: La
d
(1) the tax map number and the street address of the premises where the work
is to be performed;
7@
(2) the zoning district of the premises; 0
(3) the full name and address of the owner and the applicant, if different, and
if a corporate entity, the name and address of the responsible officers.
4343
(4) a copy of the deed into the current owner of the property; E
(5) a brief description of the proposed work;
0
(6) the estimated cost of the proposed work; CM
(7) a statement of the proposed use(s) of all parts of the property as well as a CM
e
statement of the proposed uses or the proposed occupancy classification(s)
for any affected building or structure; Ca
co
Ui
(8) evidence that all proposed water supply and wastewater systems shall
conform to the regulations of the New York State and Dutchess County
e
Departments of Health. 00
e
(9) copies of any driveway or work permits required for any work performedCM
within a public right of way issued by the appropriate jurisdiction as
required by Chapter 111 of the Town of Wappinger Code or the
regulations of New York State or the County of Dutchess as applicable; U
(10) copies of any other necessary permits, licenses, approvals or other
E2
authorizations from any other agency having jurisdiction over the work to
be performed;
E
(11) where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(12) at least 2 sets of construction documents (drawings and/or specifications)
which:
8
Packet Pg. 91
9.8.b
(a) define the scope of the proposed work;
(b) are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law;
(c) indicate with sufficient clarity and detail the nature and extent of
the work proposed; CM
(d) substantiate that the proposed work will comply with the Uniform
Code and the Energy Code; and
(e) where applicable, include a site plan that shows any existing and
proposed buildings and structures on the site, the location of any to
existing or proposed well or septic system, the location of the 6
intended work, and the distances between the buildings and 3
structures and the lot lines.
7@
(13) a Certificate of Workers Compensation insurance (form C-105.2 or U-26.3 0
as applicable)if required.
(E) Building Permits for New Foundations. Where the proposed work involves the
construction of a new foundation, a Preliminary and an Interim Plot Plan based on a 0
recent survey certified by a licensed surveyor is required in addition to the application E
information required by subdivision (D) above.
0
(1) Preliminary Plot Plan. The preliminary plot plan shall depict the
following:
(a) The boundaries of the property; CMCM
e
(b) the topography of the property with elevation contours at two-foot
intervals; `M
Cs
(c) Lot line setback distances for any proposed structure, or addition;
(d) proposed elevations for the foundation slab (lowest floor) and first
floor; Q
(e) Proposed grading and/or site disturbance;
CM
(f) Proposed methods of erosion and sediment control;
(g) Proposed elevations for the wastewater system components;
0
(h) Setback distance from any proposed structure or addition to any
wetland, stream or water body within 100 feet thereof, 2
a
(i) Driveway location and setback from both property line(s) and any
wetland, stream or water body within 100 feet thereof,
(j) Location of proposed septic and well, related separation distance,
and setback thereof from property line(s) and any wetland, stream
or water body within 100 feet thereof or such other distance as may
be set forth by the Dutchess County Health Department in its
design approval; and
9
Packet Pg. 92
9.8.b
(k) Any other information concerning either existing or proposed
conditions identified as necessary for the particular project as
determined by the Code Enforcement Officer.
(2) Interim Plot Plan. After the construction of the foundation, an Interim
Plot Plan must be submitted to confirm that foundation has been CM
constructed in compliance with the proposed plot plan. The Code
Enforcement Officer must approve the interim plot plan before further
construction can proceed. The interim plot plan shall depict the following:
(a) Foundation location and elevations;
to
(b) Driveway location and grades; d
(c) Any deviations from the plot plan which was submitted as part of
the application for building permit and approved by the Code
Enforcement Officer in issuance of the building permit; and U
(d) Any other information concerning constructed conditions
identified as necessary by the Code Enforcement Officer.
(F) Construction documents. Construction documents will not be accepted as part of an 0
application for a Building Permit unless they satisfy the requirements set forth in
paragraph (5) of subdivision (D) of this section. Construction documents which are
accepted as part of the application for a Building Permit shall be marked as accepted by 0
the Code Enforcement Officer in writing or by stamp. One set of the accepted
construction documents shall be retained by the Code Enforcement Officer, and one set
of the accepted construction documents shall be returned to the applicant to be kept at CM
the work site so as to be available for use by the Code Enforcement Personnel.
However, the return of a set of accepted construction documents to the applicant shall
CM
not be construed as authorization to commence work, nor as an indication that a co
Building Permit will be issued. Work shall not be commenced until and unless a Ui_
Building Permit is issued. 00
e
(G) Demolition Permits. Applications for a Demolition Permit shall be made in writing on
a form provided by or otherwise acceptable to the Code Enforcement Officer. The
application shall be signed by the owner of the property where the work is to be 3
performed or an authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit a
determination by the Code Enforcement Officer that the intended demolition work 0
complies with all applicable requirements of the Uniform Code and New York Law.
The application shall include or be accompanied by the following information and
documentation:
as
(1) the tax map number and the street address of the premises where the work
is to be performed;
(2) the full name and address of the owner and the applicant, if different, and
if a corporate entity, the name and address of the responsible officers.
10
Packet Pg. 93
9.8.b
(3) a copy of the deed into the current owner of the property;
(4) a survey, showing the subject property prior to demolition. The building(s)
to be demolished should be shaded.
(5) a brief description of the proposed demolition work;
CM
(6) copies of any other necessary permits, licenses, approvals or other j
authorizations from any other agency having jurisdiction over the work to
be performed;
(a) where applicable, include a site plan that shows any existing and to
proposed buildings and structures on the site, the location of any z
existing or proposed well or septic system, the location of the �
intended work, and the distances between the buildings and
structures and the lot lines. U
0
(7) a Certificate of Workers Compensation insurance (form C-105.2 or U-26.3
as applicable) covering demolition work at the subject site.
0
(8) a pre-demolition asbestos survey of the structures by a licensed asbestos E
contractor, as required by New York State Department of Labor
regulations, except for the following:
(a) a one and two family dwellings where the owner is conducting the
demolition work;
(b) agricultural buildings; CM
e
(c) buildings or structures for which original construction commenced
on or after January 1, 1974; or s
Ui
(d) a structure certified in writing to be structurally unsound by a
licensed Professional Engineer, Registered Architect, Building
Inspector, Fire Inspector or other official of competent jurisdiction. 00
Q
e
(9) Original letter from the public utility indicating that all gas and electric
services to the building or structure to be demolished have been M
cc
disconnected or have not been installed.
7@
(10) Confirmation from the water and sewer system operator for the Town that 0
water and sewer services have been disconnected or have not been
E2
installed.
(11) Demolition work shall comply with the applicable provisions of the
Uniform Code.
(H) Waiver. The Code Enforcement Officer may waive the submission of any plan,
document or plat that is not necessary to comply with the Uniform Code. The Code
Enforcement Officer may not waive any filing fee.
11
Packet Pg. 94
9.8.b
(I) Issuance of Building Permits. An application for a Building Permit shall be examined
to ascertain whether the proposed work is in compliance with the applicable
requirements of the Uniform Code and Energy Code. The Code Enforcement Officer
shall issue a Building Permit if the proposed work is in compliance with the applicable
requirements of the Uniform Code and Energy Code and the Town of Wappinger Code.
(J) Subjects not regulated by the Uniform Code. Where no applicable standards or
requirements are set forth in the Uniform Code, or are contained within other laws,
codes, regulations, ordinances or bylaws adopted by the Town of Wappinger
compliance with applicable standards of the National Fire Protection Association or
other nationally recognized fire safety standards shall be deemed as prima facie to
evidence of compliance with the intent of the Uniform Code. Nothing herein shall d
Z
derogate from the authority of the Code Enforcement Officer to determine compliance
with codes or standards for those activities or installations within the Code
Enforcement Officer's jurisdiction or responsibility. 7@
0
(K) Matters not provided for. Requirements that are essential for the public safety of an
existing or proposed activity, building or structure, or for the safety of the occupants
thereof, which are not specifically provided for by the Uniform Code shall be
determined by the Code Enforcement Officer. E
r-
(L) Building Permits to be displayed. Building permits shall be visibly displayed at the
work site and shall remain visible until the authorized work has been completed. 0
(M) Work to be in accordance with construction documents. All work shall be
performed in accordance with the construction documents which were submitted with C4
and accepted as part of the application for the Building Permit. The Building Permit
shall contain such a directive. The Permit Holder shall immediately notify the Code
Enforcement Officer of any change occurring during the course of the work. The co
Building Permit shall contain such a directive. If the Code Enforcement Officer
determines that such change warrants a new or amended Building Permit, such change
shall not be made until and unless a new or amended Building Permit reflecting such 00
change is issued.
(N) Duration of Permit. Building Permits shall become invalid unless the authorized work
is commenced within six (6) months following the date of issuance. Building Permits
shall expire twelve (12) months after the date of issuance. A Building Permit which has
become invalid or which has expired pursuant to this subdivision may be renewed upon 0
application by the Permit Holder, payment of the applicable fee, and approval of the
application by the Code Enforcement Officer.
(0) Revocation or suspension of Building Permits. If the Code Enforcement Officer
determines that a Building Permit was issued in error because of incorrect, inaccurate
or incomplete information, or that the work for which a Building Permit was issued
violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall
revoke the Building Permit or suspend the Building Permit until such time as the Permit
Holder demonstrates that all work then completed is in compliance with all applicable
12
Packet Pg. 95
9.8.b
provisions of the Uniform Code and the Energy Code and all future work then proposed
to be performed shall be in compliance with all applicable provisions of the Uniform
Code and the Energy Code.
(P) Reimbursement of professional review fees. If the Code Enforcement Officer
determines that the services of an outside professional are required to review a building CM
permit application, the Code Enforcement Officer is authorized to retain the services of
such a professional consultant. The Code Enforcement Officer shall require the
establishment of an escrow deposit in accordance with § 240-110(A)(3) of the Town
Code to reimburse the Town for the professional review or inspection fees charged in
connection with the review of the building permit application. to
d
(Q) Fee. The fee specified in or determined in accordance with the provisions set forth in
§85-18 must be paid at the time of submission of an application for a Building Permit,
for an amended Building Permit, or for renewal of a Building Permit.
0
§85-6 CONSTRUCTION INSPECTIONS.
(A) Work to remain accessible and exposed. Work shall remain accessible and exposed
until inspected and accepted by the Code Enforcement Officer or by an Inspector 0
authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code E
Enforcement Officer when any element of work described in subdivision (B) of this
section is ready for inspection. 0
(B) Elements of work to be inspected. The following elements of the construction process
shall be inspected made, where applicable: CM
CM
e
(1) work site prior to the issuance of a Building Permit;
CM
M
co
(2) footing and foundation; Ui
(3) preparation for concrete slab;
00
CD
(4) framing;
CD
CM
(5) building systems, including underground and rough-in;
(6) fire resistant construction; U
0
(7) fire resistant penetrations;
(8) solid fuel burning heating appliances, chimneys, flues or gas vents;
as
(9) Energy Code compliance; and
(10) a final inspection after all work authorized by the Building Permit has
been completed.
13
Packet Pg. 96
9.8.b
(C) Inspection results. After inspection, the work or a portion thereof shall be noted as
satisfactory as completed, or the Permit Holder shall be notified as to where the work
fails to comply with the Uniform Code or Energy Code. Work not in compliance with
any applicable provision of the Uniform Code or Energy Code shall remain exposed
until such work shall have been brought into compliance with all applicable provisions
of the Uniform Code and the Energy Code, re-inspected, and found satisfactory as CM
completed.
(D) Fee. The fee specified in or determined in accordance with the provisions set forth in
§85-18 of this Chapter must be paid prior to or at the time of each inspection performed
pursuant to this section. La
d
§85-7 STOP WORK ORDERS.
(A) Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work
Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work 0
Order to halt:
(1) any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy Code, 0
without regard to whether such work is or is not work for which a E
Building Permit is required, and without regard to whether a Building
Permit has or has not been issued for such work, or 0
(2) any work that is being conducted in a dangerous or unsafe manner in the
opinion of the Code Enforcement Officer, without regard to whether suchCM
CM
work is or is not work for which a Building Permit is required, and
without regard to whether a Building Permit has or has not been issued for
CM
such work, or co
Baa
(3) any work for which a Building Permit is required which is being
performed without the required Building Permit, or under a Building
00
Permit that has become invalid, has expired, or has been suspended or
revoked.
CM
(B) Content of Stop Work Orders. Stop Work Orders shall:
7@
(1) be in writing, 0
(2) be dated and signed by the Code Enforcement Officer,
(3) state the reason or reasons for issuance, and
E
(4) if applicable, state the conditions which must be satisfied before work will
be permitted to resume.
(C) Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop
Work Order, or a copy thereof, to be served on the owner of the affected property (and,
14
Packet Pg. 97
9.8.b
if the owner is not the Permit Holder, on the Permit Holder) personally or by certified
mail. The Code Enforcement Officer shall be permitted, but not required, to cause the
Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant,
contractor, subcontractor, construction superintendent, or their agents, or any other
Person taking part or assisting in work affected by the Stop Work Order, personally or
by certified mail; provided, however, that failure to serve any Person mentioned in this CM
sentence shall not affect the efficacy of the Stop Work Order.
(D) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of
the affected property, the Permit Holder and any other Person performing, taking part in
or assisting in the work shall immediately cease all work which is the subject of the La
Stop Work Order. d
Z
(E) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive
remedy available to address any event described in subdivision (a) of this section, and
the authority to issue a Stop Work Order shall be in addition to, and not in substitution 0
for or limitation of, the right and authority to pursue any other remedy or impose any
other penalty under section 15 (Violations) of this Chapter or under any other
applicable local law or State law. Any such other remedy or penalty may be pursued at
any time, whether prior to, at the time of, or after the issuance of a Stop Work Order.
§85-8 Certificates of Occupancy
0
(A) Certificates of Occupancy required. It shall be unlawful for an owner to use or permit
the use of any building or premises or part thereof hereafter created, erected, changed,
converted or enlarged, wholly or partly, in its use or structure until a certificate of CM
occupancy shall have been issued.
CM
(B) Certificates of Occupancy required for Work or Change of Use. A Certificate of co
Occupancy shall be required for any work which is the subject of a Building Permit and
for all structures, buildings, or portions thereof, which are converted from one use or
occupancy classification or sub-classification of the Uniform Code to another.
00
Permission to use or occupy a building or structure, or portion thereof, for which a
Building Permit was previously issued shall be granted only by issuance of a Certificate
of Occupancy. M
(C) As-built Drawings. No certificate of occupancy shall be issued except upon
submission of a certified "as built" drawing showing compliance with the approved 0
Interim Plot Plan and Construction Documents.
E2
(D) Issuance of Certificates of Occupancy. The Code Enforcement Officer shall issue a
Certificate of Occupancy if the work which was the subject of the Building Permit was
completed in accordance with all applicable provisions of the Uniform Code and
Energy Code and, if applicable, that the structure, building or portion thereof that was
converted from one use or occupancy classification or sub-classification to another
complies with all applicable provisions of the Uniform Code and Energy Code. The
Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer
15
Packet Pg. 98
9.8.b
shall inspect the building, structure or work prior to the issuance of a Certificate of
Occupancy. In addition, where applicable, the following documents, prepared in
accordance with the provisions of the Uniform Code by such person or persons as may
be designated by or otherwise acceptable to the Code Enforcement Officer, at the
expense of the applicant for the Certificate of Occupancy, shall be provided to the Code
Enforcement Officer prior to the issuance of the Certificate of Occupancy: CM
(1) a written statement of structural observations and/or a final report of
special inspections, and
(2) flood hazard certifications. La
d
(E) Contents of Certificates of Occupancy. A Certificate of Occupancy shall contain the
following information:
7@
(1) the Building Permit number, if any; 0
(2) the date of issuance of the Building Permit, if any;
(3) the name, address and tax map number of the property; 0-
43
(4) if the Certificate of Occupancy is not applicable to an entire structure, a
description of that portion of the structure for which the Certificate of
Occupancy is issued;
as
(5) the zoning district in which the structure is located;
CM
CMe
(6) the use and occupancy classification of the structure under the Uniform
Code and the Zoning Code; CM
co
(7) a certification from the Zoning Administrator that the structure complies ,a
with the Zoning Code;
00e
(8) the type of construction of the structure;
CM
(9) the assembly occupant load of the structure, if any;
(10) if an automatic sprinkler system is provided, a notation as to whether the
U
sprinkler system is required; 0
(11) any special conditions imposed in connection with the issuance of the
Building Permit; and
(12) the signature of the Code Enforcement Officer issuing the Certificate of
Occupancy and the date of issuance.
(F) Approvals Deemed Conditions of C of O. The details of any subdivision plat, site
plan, special permit, variance or other approval by the Town Board, Planning Board or
16
Packet Pg. 99
9.8.b
Zoning Board of Appeals and any conditions attached to such approval shall be deemed
to be conditions of the Certificate of Occupancy even if they are not noted.
(G) Escrow account for incomplete nonstructural improvements. A certificate of
occupancy for any structure or use may be issued only upon full compliance with the
provisions of this chapter and any other provisions of the Town Code relating to CM
property use.
(1) Notwithstanding the foregoing, in the case of a one or two-family
residential structure and/or accessory building, a certificate of occupancy
may be issued if the incomplete work is landscaping, ground stabilization, to
lawn seeding or blacktop driveway apron and improvements are non- z
safety-related. 3
cc
(2) For multi-family and nonresidential structures or site uses, a certificate of
occupancy may be issued if the only incomplete work is landscaping and 0
weather conditions do not permit the proper planting of vegetation. All
other items to be completed, including, but not limited to, paving, curbing,
sidewalks, lighting, grading, drainage or other improvements, shall not be
subject to escrow provisions. For the purposes of this section, E
"landscaping" shall mean lawn seeding and installation of plantings.
(3) In those cases where a certificate of occupancy has been issued pursuant to 0
(1) and (2) above, the owner, or the owner's agent, shall establish an
escrow account for the purposes of ensuring that the incomplete work will
be completed in a timely fashion, and the issuance of the certificate of CM
occupancy will be conditioned on all of the following:
(a) The property owner, contractor or developer seeking the certificate CM
of occupancy must post a cash or certified check deposit with the Ui
Town of Wappinger to be held in escrow, in an amount equal to
200% of the cost required to complete the improvements necessary
00
to obtain the certificate of occupancy. As used in this subsection,
the cost required to complete the improvements shall be the
amount as determined by the Superintendent of Highways and/or CM
the Engineer to the Town.
(b) The escrow account may only be established between the dates of
December 1 through April 1. All work required to obtain the 0
certificate of occupancy must be completed by June 1. _
E2
(c) The property owner, contractor or developer seeking the certificate
of occupancy must submit a written agreement between the
property owner, contractor or developer and the Town providing E
for such incomplete work to be completed no later than June 1
following the issuance of the certificate of occupancy. If the
incomplete work is not completed by June 1 or at such earlier date
as may be specified by the Enforcement Officer, the Enforcement
Officer may direct any independent third-party contractor to
17
Packet Pg. 100
9.8.b
complete the work and authorize payment to the third-party
contractor from the escrow funds deposited to guarantee that said
work would be completed in a timely fashion. The owner of the
property and/or the contract vendee must give written consent to
permit any independent third-party contractor as well as the Code
Enforcement Personnel to enter upon the property for the purposes CM
of completing the required work and undertaking the necessary
inspections. The owner and the contract vendee must further
as
execute a written document releasing the Town of Wappinger, or
any of its Code Enforcement Personnel or other agents, from any
claims or liability in connection with the work to be performed by to
such independent third-party contractor. z
3
(4) If a certificate of occupancy has been issued pursuant to this section and
the required improvements are not completed within the time frames 7@
described above, the property owner shall be liable for civil penalties
imposed pursuant to § 85-14.
(H) Revocation or suspension of erroneous certificates. If the Code Enforcement Officer
determines that a Certificate of Occupancy was issued in error because of incorrect, E
inaccurate or incomplete information, and if the relevant deficiencies are not corrected
to the satisfaction of the Code Enforcement Officer within such period of time as shall
be specified by the Code Enforcement Officer, the Code Enforcement Officer shall 0
revoke or suspend such certificate.
(I) Fee. The fee specified in or determined in accordance with the provisions set forth in
§85-18 must be paid at the time of submission of an application for a Certificate of
Occupancy. CM
coe
§85-9 NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing firefighting services for a property within the Town
00e
of Wappinger shall promptly notify the Code Enforcement Officer of any fire or explosion
e
involving any structural damage, fuel burning appliance, chimney or gas vent or open burning.
CM
§85-10 UNSAFE BUILDING AND STRUCTURES
(A) The Code Enforcement Officers or the Fire Inspector are hereby authorized to declare U
any building or structure unsafe due to neglect, fire, catastrophe, weather-related
conditions, or acts of God and to further declare that such building or structure is unsafe E2
and unfit for human occupancy or habitation. a
(B) In addition to the remedies and provisions set forth in this chapter, Code Enforcement E
Officers or the Fire Inspector are authorized by the Town Board to enforce the
provisions of Chapter 93 of the Town Code entitled"Unsafe Buildings."
18
Packet Pg. 101
9.8.b
(C) Upon a determination that a building is unsafe, the Code Enforcement Officer or the
Fire Inspector shall post the building or structure, and such posting shall prohibit use,
habitation or occupancy by the general public.
(D) The Code Enforcement Officer or the Fire Inspector shall notify the Town Board and
Fr-
the property owner in accordance with the provisions of Chapter 93, Unsafe Buildings, CM
and otherwise follow the procedures set forth in Chapter 93.
(E) Whenever a building or structure is posted pursuant to Chapter 93 of the Town Code or
under the provisions of the Uniform Code, no person shall enter, use or occupy said
building or structure without written authorization from an Enforcement Officer. to
d
§85-11 OPERATING PERMITS.
(A) Operation Permits Required. Operating Permits shall be required for conducting the
activities or using the categories of buildings listed below: 0
(1) manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or
2703.1.1(4) in the publication entitled "Fire Code of New York State" and 0
incorporated by reference in 19 NYCRR section 1225.1; E
(2) hazardous processes and activities, including but not limited to,
commercial and industrial operations which produce combustible dust as a
byproduct, fruit and crop ripening, and waste handling;
CM
(3) use of pyrotechnic devices in assembly occupancies; CM
CD
(4) buildings containing any assembly occupancies with an occupant load of CM
50 persons or more; co
(5) amusement buildings;
00e
CD
(6) auto detailing shops;
CM
(7) aviation facilitates;
(8) barber shops and beauty parlors;
0
(9) buildings with automatic fire-extinguishing/suppression systems;
E2
(10) building with fire alarm & detection system;
as
(11) buildings that store liquid or gas fueled equipment;
(12) day care centers not regulated by OFPC
(13) dry cleaning operations;
19
Packet Pg. 102
9.8.b
(14) gasoline stations;
(15) elevators;
(16) high-hazard occupancies (ICC Building Code Group H);
CM
(17) high-piled storage;
as
(18) institutional occupancies (ICC Building Code Group I);
(19) junkyards;
to
(20) LP-gas storage; Z
3
cc
(21) lumber yards;
7@
U
(22) multiple residential occupancies (ICC Building Code Uses R-1, R-2, R-4);
(23) multi-tenant office buildings;
0
(24) nail salons; E
(25) private fire hydrants;
0
(26) private schools
(27) repair garages; CM
CM
e
(28) rooftop heliports;
CM
M
co
(29) standpipe systems;
(30) storage of tires and tire byproducts;
00
CD
(31) temporary membrane structures and tents; and
CM
(32) woodworking plants
(B) Operation Permits Required before Operation. Any person who proposes to U
undertake any activity or to operate any type of building listed in this subdivision shall
be required to obtain an Operating Permit prior to commencing such activity or
operation.
(C) Applications for Operating Permits. An application for an Operating Permit shall be
in writing on a form provided by or otherwise acceptable to the Fire Inspector or Code
Enforcement Officer. Such application shall include such information as the Fire
Inspector or Code Enforcement Officer deems sufficient to permit a determination by
the Fire Inspector or Code Enforcement Officer that quantities, materials, and activities
conform to the requirements of the Uniform Code. If the Fire Inspector or Code
20
Packet Pg. 103
9.8.b
Enforcement Officer determines that tests or reports are necessary to verify
conformance, such tests or reports shall be performed or provided by such person or
persons as may be designated by or otherwise acceptable to the Fire Inspector or Code
Enforcement Officer, at the expense of the applicant.
(D) Inspections. The Fire Inspector, Code Enforcement Officer or an Inspector authorized
by the Code Enforcement Officer shall inspect the subject premises prior to the
issuance of an Operating Permit.
as
(E) Multiple Activities. In any circumstance in which more than one activity listed in
subdivision (a) of this section is to be conducted at a location, the Fire Inspector or La
Code Enforcement Officer may require a separate Operating Permit for each such z
activity, or the Fire Inspector or Code Enforcement Officer may, in his or her 3
discretion, issue a single Operating Permit to apply to all such activities.
7@
(F) Duration of Operating Permits. Operating permits shall have a duration of one year 0
except operating permits for pyrotechnic displays in assembly occupancies shall be
limited to 30 days.
(G) Revocation or suspension of Operating Permits. If the Fire Inspector or Code 0
Enforcement Officer determines that any activity or building for which an Operating E
Permit was issued does not comply with any applicable provision of the Uniform Code,
such Operating Permit shall be revoked or suspended upon notice to the owner and/or 0
occupant of the property.
(H) Fee. The fee specified in or determined in accordance with the provisions set forth in
§85-18 must be paid at the time submission of an application for an Operating Permit,
for an amended Operating Permit, or for reissue or renewal of an Operating Permit.
M
co
§85-12 FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
(A) Inspections required. Fire safety and property maintenance inspections of buildings
00
and structures shall be performed by the Fire Inspector, Code Enforcement Officer or
an Inspector designated by the Code Enforcement Officer at the following intervals:
C4
(1) Fire safety and property maintenance inspections of buildings or structures
which contain any assembly occupancies with an occupant load of 50
7@
persons or more shall be performed at least once every twelve (12) 0
months.
(2) Fire safety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
twelve(12) months. E
(3) Fire safety and property maintenance inspections of all multiple dwellings
not included in paragraphs (1) or (2) of this subdivision, and all non-
residential buildings, structures, uses and occupancies not included in
21
Packet Pg. 104
9.8.b
paragraphs (1) or (2) of this subdivision, shall be performed at least once
every thirty-six (36) months.
(4) Agricultural buildings used directly and solely for agricultural purposes
are not subject to fire-safety inspection.
CD
CM
(B) Inspections permitted. In addition to the inspections required by subdivision (a) of this
section, a fire safety and property maintenance inspection of any building, structure,
use, or occupancy, or of any dwelling unit, may also be performed by the Fire
Inspector, Code Enforcement Officer or an Inspector designated by the Code
Enforcement Officer at any time upon: La
d
(1) the request of the owner of the property to be inspected or an authorized
agent of such owner;
7@
(2) receipt by the Fire Inspector or Code Enforcement Officer of a written 0
statement alleging that conditions or activities failing to comply with the
Uniform Code or Energy Code exist; or
(3) receipt by the Fire Inspector or Code Enforcement Officer of any other 0
information, reasonably believed by the Fire Inspector or Code E
Enforcement Officer to be reliable, giving rise to reasonable cause to
believe that conditions or activities failing to comply with the Uniform
Code or Energy Code exist;
(4) provided, however, that nothing in this subdivision shall be construed as
CM
permitting an inspection under any circumstances under which a court `M
order or warrant permitting such inspection is required, unless such court
CM
order or warrant shall have been obtained.
w
(C) OFPC Inspections. Nothing in this section or in any other provision of this Chapter
shall supersede, limit or impair the powers, duties and responsibilities of the New York
00
State Office of Fire Prevention and Control ("OFPC") and the New York State Fire
Administrator under Executive Law section 156-e and Education Law section 807-b.
CD
Notwithstanding any other provision of this section to the contrary: CM
(1) the Fire Inspector or Code Enforcement Officer shall not perform fire
safety and property maintenance inspections of a building or structure 0
which contains an area of public assembly if OFPC performs fire safety
and property maintenance inspections of such building or structure at least
once every twelve (12) months;
(2) the Fire Inspector or Code Enforcement Officer shall not perform fire
safety and property maintenance inspections of a building or structure
occupied as a dormitory if OFPC performs fire safety and property <
maintenance inspections of such building or structure at least once every
twelve(12) months;
22
Packet Pg. 105
9.8.b
(3) the Fire Inspector or Code Enforcement Officer shall not perform fire
safety and property maintenance inspections of a multiple dwelling not
included in paragraphs (1) or (2) of subdivision (a) of this section if OFPC
performs fire safety and property maintenance inspections of such
multiple dwelling at intervals not exceeding the interval specified in
paragraph (3) of subdivision (a) of this section; and CM
(4) the Fire Inspector or Code Enforcement Officer shall not perform fire
safety and property maintenance inspections of a non-residential building,
structure, use or occupancy not included in paragraphs (1) or (2) of
subdivision (A) of this section if OFPC performs fire safety and property
maintenance inspections of such non-residential building, structure, use or d
Z
occupancy at intervals not exceeding the interval specified in paragraph
(3) of subdivision (a) of this section.]
7@
U
(D) Fee. The fee specified in or determined in accordance with the provisions set forth in 0
§85-18 must be paid prior to or at the time each inspection performed pursuant to this
section. This subdivision shall not apply to inspections performed by OFPC.
0
§85-13 CHANGE OF OCCUPANT IN NON-RESIDENTIAL BUILDING
r_
(A) Whenever there is a change in occupant in a nonresidential structure, or portion thereof,
a Change of Occupant Permit is required. Such permit shall be obtained by the owner, 0
the occupant or their agent prior to occupancy by the new occupant. The Change in
Occupant application shall include:
CM
CM
(1) the tax map number and the street address of the premises where the work
is to be performed;
CM
M
co
(2) the full name and address of the owner and the applicant, if different, and Uj
if a corporate entity, the name and address of the responsible officers.
00e
(3) a copy of the deed into the current owner of the property;
(4) the name of the new occupant; CM
(5) a brief description of the proposed occupancy and use;
U
(6) the hours of operation;
(7) a statement of whether or not the business is open to the public;
(8) a plan of the area to be occupied and the location of any outdoor storage;
(9) a description of any work to be done; and
(10) copies of any necessary permits, licenses, approvals or other
authorizations required to conduct the business.
23
Packet Pg. 106
9.8.b
(B) Where there is no change in the type of use under the Uniform Code, and no work is
being done for which a building permit is required, a Change of Occupant application
shall be submitted prior to occupancy.
(C) Where there is no change in the type of use under the Uniform Code, but renovation
work is proposed which requires a building permit, a Change of Occupant Permit shall C4
be applied for in addition to the building permit.
(D) Where there is a change in use that requires Site Plan Approval, a Change of
Occupancy Permit shall be applied for at the time of Site Plan Approval.
La
(E) Fee. The fee specified in or determined in accordance with the provisions set forth in d
§85-18 must be paid at the time of submission of an application for a Change of z
Occupant.
7@
§85-14 COMPLAINTS
(A) The Code Enforcement Officer or Fire Inspector shall review and investigate bona fide
complaints which allege or assert the existence of conditions or activities that fail to
comply with the Uniform Code, the Energy Code, this Chapter, or any other local law 0
or regulation adopted for administration and enforcement of the Uniform Code or the E
Energy Code. The process for responding to a complaint shall include such of the
following steps as the Code Enforcement Officer or Fire Inspector may deem to be 0
appropriate:
(1) performing an inspection of the conditions and/or activities alleged to be
in violation, and documenting the results of such inspection;
(2) if a violation is found to exist, providing the owner of the affected
co
property and any other Person who may be responsible for the violation Ui
with notice of the violation and opportunity to abate, correct or cure the
violation, or otherwise proceeding in the manner described in section 15
00
(Violations) of this Chapter;
(3) if appropriate, issuing a Stop Work Order;
(4) if a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected, U
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
§85-15 RECORD KEEPING.
(A) The Code Enforcement Officer and Fire Inspector shall keep permanent official records
of all transactions and activities conducted by all Code Enforcement Personnel,
including records of:
(1) all applications received, reviewed and approved or denied;
24
Packet Pg. 107
9.8.b
(2) all plans, specifications and construction documents approved;
(3) all Building Permits, Certificates of Occupancy, Stop Work Orders, and
Operating Permits issued;
(4) all inspections and tests performed;
(5) all statements and reports issued; j
as
(6) all complaints received;
(7) all investigations conducted; to
d
(8) all other features and activities specified in or contemplated by sections 4
through 12, inclusive, of this Chapter, including; and
7@
U
(9) all fees charged and collected.
(B) All such records shall be public records open for public inspection during normal
business hours. All plans and records pertaining to buildings or structures, or 0
appurtenances thereto, shall be retained for at least the minimum time period so
required by State law and regulation.
§85-16 PROGRAM REVIEW AND REPORTING 0
as
(A) The Code Enforcement Officer shall annually submit to the Town Board a written
report and summary of all business conducted by the Code Enforcement Officer and the C4
Inspectors, including a report and summary of all transactions and activities described
in §85-15 and a report and summary of all appeals or litigation pending or concluded. C4
coe
Ui
(B) The Code Enforcement Officer shall annually submit to the Secretary of State, on
behalf of Town of Wappinger on a form prescribed by the Secretary of State, a report of
the activities of Town of Wappinger relative to administration and enforcement of the 00
Uniform Code.
(C) The Code Enforcement Officer shall, upon request of the New York State Department
of State, provide to the New York State Department of State, from the records and
related materials Town of Wappinger is required to maintain, excerpts, summaries
tabulations, statistics and other information and accounts of the activities of Town of 0
Wappinger in connection with administration and enforcement of the Uniform Code.
§85-17 VIOLATIONS
(A) Orders to Remedy
(1) The Code Enforcement Officer or Fire Inspector is authorized to order in
writing the remedying of any condition or activity found to exist in, on or
25
Packet Pg. 108
9.8.b
about any building, structure, or premises in violation of the Uniform
Code, the Energy Code, or this local law. An Order to Remedy shall:
(a) be in writing;
(b) be dated and signed by the Code Enforcement Officer;
Fr-
CD
(c) specify the condition or activity that violates the Uniform Code, CM
the Energy Code, or this Chapter;
(d) specify the provision or provisions of the Uniform Code, the
Energy Code, or this Chapter which is/are violated by the specified
condition or activity; and shall include a statement substantially La
similar to the following: 6
(i) "The person or entity served with this Order to
Remedy must completely remedy each violation
described in this Order to Remedy by U
[specify date], which is thirty (30) days after the
date of this Order to Remedy."
(2) The Order to Remedy may include provisions ordering the person or entity 0
served with such Order to Remedy:
(a) to begin to remedy the violations described in the Order to Remedy
immediately, or within some other specified period of time which 0
may be less than thirty (30) days; to continue diligently to remedy
such violations until each such violation is fully remedied; and, in
any event, to complete the remedying of all such violations within CM
thirty (30) days of the date of such Order to Remedy; and/or
(b) to take such other protective actions (such as vacating the buildingCM
co
or barricading the area where the violations exist) which are
authorized by this local law or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Code
00
Enforcement Officer may deem appropriate, during the period
e
while such violations are being remedied.
CM
(3) The Code Enforcement Officer or Fire Inspector shall cause the Order to
Remedy, or a copy thereof, to be served on the owner of the affected
property personally or by registered mail or certified mail within five (5) U
days after the date of the Order to Remedy.
E2
(4) The Code Enforcement Officer or Fire Inspector shall be permitted, but
not required, to cause the Order to Remedy, or a copy thereof, to be served
on any builder, architect, tenant, contractor, subcontractor, construction E
superintendent, or their agents, or any other Person taking part or assisting
in work being performed at the affected property personally or by
registered mail or certified mail within five (5) days after the date of the
Order to Remedy; provided, however, that failure to serve any Person
26
Packet Pg. 109
9.8.b
mentioned in this sentence shall not affect the efficacy of the Compliance
Order.
(B) Enforcement under Criminal Procedure Law. A violation of any provision of this
Chapter shall be deemed an offense under the Penal Law and prosecution of said
offense shall be in accordance with the Criminal Procedure Law of the State of New CM
York.
(1) Appearance Tickets. The Code Enforcement Officer, the Fire Inspector,
Deputy Fire Inspector and each Inspector are authorized to issue
appearance tickets pursuant to Criminal Procedure Law §150.20 for any to
violation of this Chapter or of Article 18 of the New York State Executive z
Law. 3
(2) Penalty. A violation of any provision of this Chapter shall be deemed an
offense punishable by: 0
(a) A fine as set forth in Chapter 122, Article V, § 122-2013, of the
Code for a first offense;
(b) A fine as set forth in Chapter 122, Article V, § 122-2013, of the 0
Code or a period of imprisonment not to exceed 15 days for a E
second offense, committed within 5 years of a conviction under
this chapter; 0
(c) A fine as set forth in Chapter 122, Article V, § 122-2013, of the
Code or a period of imprisonment of not less than 30 days and not
exceeding six months for a third and any subsequent offense, CM
committed within 5 years of prior convictions under this chapter.
Q
CMM
(3) Each day's violation shall be deemed a separate offense. CO
(C) Civil Penalties. Every person violating any provision of this Chapter shall be subject
to a civil penalty: 00
e
(1) For the first offense— a civil penalty in a minimum amount of$100.00 and
CM
a maximum amount of$1,000.00;
(2) For the second and subsequent offenses committed within 5 years of a
prior conviction under this Chapter— a civil penalty in a minimum amount 0
of$500.00 and a maximum amount of$5,000.00; and
(3) Each day's violation shall be deemed a separate offense.
as
(4) The civil penalties provided by this subdivision shall be recoverable in an
action instituted in the name of Town of Wappinger in a court of
competent jurisdiction.
27
Packet Pg. 110
9.8.b
(D) Injunctive Relief. An action or proceeding may be instituted in the name of Town of
Wappinger in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or
abate any violation of, or to enforce, any provision of the Uniform Code, the Energy
Code, this Chapter, or any term or condition of any Building Permit, Certificate of
Occupancy, Stop Work Order, Operating Permit, Compliance Order, or other notice or
order issued by the Code Enforcement Officer pursuant to any provision of this CM
Chapter. In particular, but not by way of limitation, where the construction or use of a
building or structure is in violation of any provision of the Uniform Code, the Energy
as
Code, this Chapter, or any Stop Work Order, Compliance Order or other order obtained
under the Uniform Code, the Energy Code or this Chapter, an action or proceeding may
be commenced in the name of Town of Wappinger in the Supreme Court or in any to
other court having the requisite jurisdiction, to obtain an order directing the removal of 6
the building or structure or an abatement of the condition in violation of such �
provisions. No action or proceeding described in this subdivision shall be commenced
without the appropriate authorization from the Town Board. U
(E) Remedies Not Exclusive.
(1) No remedy or penalty specified in this section shall be the exclusive
remedy or remedy available to address any violation described in this
section, and each remedy or penalty specified in this section shall be in
addition to, and not in substitution for or limitation of, the other remedies
or penalties specified in this section, in §85-7 Stop Work Orders, in any 0
other section of this Chapter, or in any other applicable law. Any remedy
or penalty specified in this section may be pursued at any time, whether
prior to, simultaneously with, or after the pursuit of any other remedy or CM
penalty specified in this section, in §85-7 Stop Work Orders, in any other
section of this Chapter, or in any other applicable law. CM
co
(2) Action under NY Executive Law §382. In particular, but not by way of
limitation, each remedy and penalty specified in this section shall be in
addition to, and not in substitution for or limitation of, the penalties 00
specified in subdivision (2) of section 382 of the Executive Law, and any
remedy or penalty specified in this section may be pursued at any time,
CM
whether prior to, simultaneously with, or after the pursuit of any penalty �
specified in subdivision (2) of section 382 of the Executive Law.
7@
U
§85-18 FEES
The fees payable under this Chapter shall be governed by the schedule set forth in Charter 122, 2
Article IV, § 122-16, of the Code of the Town of Wappinger as it may be amended from time to a
time.
E
§85-19 APPEALS AND VARIANCES.
Appeals to Regional Board of Review. Where practical difficulties or unnecessary hardship
may result from enforcement of the strict letter of any provision of the Uniform Code,
applications for variances may be made to the Regional Board of Review in accordance with Part
28
Packet Pg. 111
9.8.b
440 of Title 19 of the New York Code of Rules and Regulations. Whenever it is claimed that the
Code Enforcement Officer misconstrued the Uniform Code in approving or disapproving any
application or granting or refusing to grant any permit or certificate of code compliance, the
person affected may appeal from the decision of the Code Enforcement Officer to the Regional
Board of Review in accordance with Part 440 of 19 NYCRR. Appeals from provisions of the
Multiple Residence Law, in accordance with § 325 of that law, may also be made to a Regional C4
Board of Review.
§85-20 INTERMUNICIPAL AGREEMENTS
The Town Board may adopt a resolution to enter into an agreement with other governments to
carry out the terms of this Chapter,provided that such agreement does not violate any provision to
of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other z
applicable law.
§85-21 FIRE PREVENTION BUREAU U
0
(A) The Bureau of Fire Prevention of the Town of Wappinger created by Local Law 1 of
1974 as amended by Local Law 4 of 1981, Local Law 3 of 1983 and Local Law 10 of
2006 is hereby continued. 0-
(B) The Bureau shall consist of eight members: two members from each of the fire districts
in the Town of Wappinger plus a Code Enforcement Officer, or his designee, and the
Town Fire Inspector, or his designee. The members from each of the fire districts shall 0
be active fire fighters who shall be designated by their respective District Board of Fire
Commissioners and approved by the Town Board of the Town of Wappinger. The term
of office of each fire district member shall be two years. Any vacancy shall be filled for C4
the balance of the term.
M
(C) Duties and Powers of Bureau of Fire Prevention. co Ui
W
(1) The Planning Board, the Zoning Board and Code Enforcement Officers
may refer land use applications in the Town of Wappinger referred to the 00
Bureau of Fire Prevention to make recommendations as to:
(a) The minimum acceptable width of roads used as access or egress
for fire apparatus to apartments, commercial or general business
buildings or shopping area complexes; @
U
(b) Hydrant locations in apartments, commercial or general business
buildings or shopping area complexes;
(c) Access to the hydrants and availability of fire lanes to and adjacent
to apartments, commercial or general business buildings or
shopping area complexes; and
(d) Other aspects of the application related to fire safety.
(2) In consultation with the Town Board, require the inspection of all hydrants
installed within the Town of Wappinger,privately or publicly owned;
29
Packet Pg. 112
9.8.b
(3) In consultation with the Town Board, create a schedule of periodic testing
for all hydrants within the Town.
(D) All hydrants in the Town of Wappinger shall be maintained in an operable condition
and shall meet minimum ISO fire flow standards for residences, and they shall be
clearly marked in all weather and kept accessible for Fire Department use by the C4
owners.
§85-22 LIABILITY.
(A) The Town of Wappinger assumes no responsibility or liability for the failure of any
to
Code Enforcement Officer to make any inspections otherwise required by this chapter. d
z
(B) The Town of Wappinger assumes no responsibility or liability of its agents, servants or
employees, including any Enforcement Officer, for any damages that may occur as a @
result of an improper or negligent inspection or the issuance of any permit issued 0
pursuant to the provisions of this chapter.
§85-23 INTERMUNICIPAL AGREEMENT.
0
The Town Board may adopt a resolution to enter into an agreement with other governments to E
carry out the terms of this Chapter,provided that such agreement does not violate any provision
of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other
applicable law. 0
as
§85-24 PARTIAL INVALIDITY
If any section of this Chapter shall be held unconstitutional, invalid, or ineffective, in whole or in
part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this
Chapter. s
w
§85-25 INTERPRETATION OF OTHER CONFLICTING CODE PROVISIONS
The provisions of this Chapter are intended to control with respect to issues governed by the 00
New York State Uniform Code. Whenever the requirements of this Chapter are inconsistent
with the requirements of any other lawfully adopted rules, regulations, ordinances or local laws
pertaining to the implementation of the Uniform Code and the Energy Code by the Town of 3
cc
Wappinger, the provisions of this Chapter shall govern.
7@
U
§85-26 EFFECTIVE DATE 0
This Chapter shall take effect immediately upon filing in the office of the New York State
Secretary of State in accordance with section 27 of the Municipal Home Rule Law.
Section -IV: REVISIONS TO 240-108
Chapter 240, Article XII, § 240-108 of the Town of Wappinger Code shall be amended to read as
follows:
§ 240-108 Building permits.
30
Packet Pg. 113
9.8.b
(A) Building Permits shall be issued in accordance with § 85-5 of the Town Code.
(B) General rule. No building or structure shall be erected, constructed, enlarged,
structurally altered or moved until a permit therefor has been issued by the Code
Enforcement Officer. Except upon a written authorization of the Board of Appeals, no
building permit or certificate of occupancy shall be issued for any building where said CM
erection, construction, enlargement, addition, alteration or moving thereof would be in
violation of any of the provisions of this chapter.
as
(C) No building permit shall be issued unless the lot on which the proposed structure or use
is located has frontage in accordance with § 240-20 herein. La
d
Section -V: REVISIONS TO 240-109
Chapter 240, Article XII, § 240-109 of the Town of Wappinger Code shall be amended to read as
follows: 0
§ 240-109 Certificate of occupancy.
(A) Certificates of Occupancy shall be issued in accordance with § 85-8 of the Town Code. 0
E
(B) General rule. It shall be unlawful for an owner to use or permit the use of any building
or premises or part thereof hereafter created, erected, changed, converted or enlarged,
wholly or partly, in its use or structure until a certificate of occupancy shall have been
issued.
CM
(C) Continued conformity required. A certificate of occupancy shall be deemed to CM
authorize and is required for both initial, continued or changed occupancy and use of
CD
the building or land to which it applies. It shall continue in effect as long as such s
building and the use thereof or of such land is in full conformity with the provisions of
the Zoning Law and other requirements of the Town of Wappinger Code.
00e
(D) Existing structures. Upon written request from the owner and on payment to the Town
e
of the prescribed fee, in accordance with the current fee schedule as set forth in Chapter
122, Article IV, § 122-16N of the Code, the Zoning Administrator shall issue a CM
certificate of zoning compliance for any building or premises existing at the time of
enactment of Zoning in the Town of Wappinger, certifying, after inspection, the extent
and kind of use or disposition of the building or premises and whether such use or 0
disposition of the building or premises conforms with the provisions of this chapter.
Section -VI: Numbering for Codification:
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and
sub-sections of this Local Law may be re-numbered or re-lettered to accomplish such intention;
the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be
changed to "Chapter," "Section" or other appropriate word as required for codification; and any
31
Packet Pg. 114
9.8.b
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 -VII: Separability:
The provisions of this Local Law are separable and if any provision, clause, sentence,
cm
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not
affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of
this local law or their application to other persons or circumstances. It is hereby declared to be the
legislative intent of the Town Board of the Town of Wappinger that this Local Law would have to
been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, z
word or part had not been included therein, and if such person or circumstance to which the Local 3
Law or part thereof is held inapplicable had been specifically exempt therefrom.
7@
Section -VIII: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.
4343
E
0
cm
cme
CD
cm
M
CO
Ui
CD
M
00
CD
e
CD
cm
U
0
E2
32
Packet Pg. 115
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Division of Water,IBureau of Flood Protection and Darn Safety
625 Broadway,Albany,New York 12233-3504
P:(518)402-8185 1 F:(518)402-9029
womdoc.11y,gov E
July 1, 2016 C4
The Honorable Lori A. Jiava
Town of Wappinger
20 Middlebush Road 0
Wappingers Falls, NY 12590
z
Dear Ms. Jiava-
7@
This letter is in reference to the Town of Wappinger's participation in the National Flood U
0
Insurance Program (NFIP). As state coordinating agency for the NFIP we are Tj
particularly concerned that the town maintains its participation in the program.
In accordance with Letter of Map Revision (LOMR), FEMA Case Number 16-02-1504P,
0
the Flood Insurance Rate Map (FIRM) for map panel numbers 36027C0458E, E
36027C0459E, 36027C0466E and 36027C0467E has been revised. Because this is a
La
C4
physical change to the municipality's Flood Insurance Rate Map (FIRM), it is necessary C4
for the Town to formally adopt this LOMR before it can issue permits based on the
information on the LOMR. This LOMR replaces the LOMR 16-02-0710P, which had an C4
effective date of August 17, 2016. The effective date is the only change that has taken co
UJI
place.
In addition, the town of Wappinger has a second Letter of Map Revision (LOMR). In 0
accordance with this LOMR, FEMA Case Number 16-02-1320P, effective July 6, 2016, 0
Panels 36027C0476E and 36027C0478E of the Flood Insurance Rate Map have been
amended. This LOMR replaces LOMR Case Number 16-02-0187 which had an
effective date of September 2, 2016. Because this is a physical change to the E
municipality's Flood Insurance Rate Map (FIRM), it is necessary for the Town to
formally adopt this LOMR before it can issue permits based on the information on the E
LOMR.
UJI
Currently, we have Local Law # 4 of 2012 as the local law for floodplain protection. We a
recommend that the Town amend its existing local law to include the enclosed LOMR in E
0
Section 133-6. A copy of the required language is attached. Please make the
amendment to the local law by August 17, 2016, which is the effective date of the first
LOMR.
In addition to standard filing requirements for Local Laws, please forward copies of the
amendment including a copy of the Department of State's "Local Law Acknowledgment"
to:
lepartmens of
Environmental
Conservation
I Packet Pg. 116
9.11.a
NYSDEC FEMA, Mitigation Division
625 Broadway, 4th Floor 26 Federal Plaza
cc
Albany, NY 12233-3504 New York, NY 10278
Attn: David Sherman Attn: Mr. William McDonnell
cm
Sincerely,
David R. Sherman
Environmental Program Specialist I cc
Floodplain Management Section
u
0
CC' Ms. Barbara Roberti, Zoning Administrator, Town of Wappinger
Mr. Joseph P. Paoloni, Town Clerk, Town of Wappinger
Mr. Mark Lewis, NYSDEC, Region 3, New Paltz
Mr. William McDonnell, FEMA, Region 2
43
Mr. Jason Fenn, FEMA, Region 2
cm
cme
cm
ui
e
0
8!i
e
e
e
e
Packet Pg. 117
9.11.a
§ 133 — 6 Basis for Establishing Areas of Special Flood Hazard
The areas of special flood hazard for the Town of Wappinger, Community
Number 361387, are identified and defined on the following documents prepared
by the Federal Emergency Management Agency:
(1) Flood Insurance Rate Map Panel Numbers:
36027C0461 E, 36027C0462E, 36027C0463E, 36027C0464E,
36027C0466E, 36027C0467E, 36027C0468E, 36027C0469E
36027C0486E, 36027C0487E, 36027C0490E, 36027C0559E,
36027C0576E, 36027C0577E, 36027C0578E, 36027C0579E
36027C0581 E, 36027C0582E, 36027C0601 E
whose effective date is May 2, 2012, and any subsequent revisions to
these panels that do not affect areas under our community's jurisdiction.
(2) A scientific and engineering report entitled "Flood Insurance Study,
Dutchess County, New York, All Jurisdictions" dated May 2, 2012.
43
E
(3) Letter of Map Revision, Case Number 13-02-1873P, effective April 2, 2014,
amending Panel 36027CO486E of the Flood Insurance Rate Map.
CD
(4) Letter of Map Revision, Case Number 16-02-1320P, effective July 6,
CO
2016, amending Panels 36027CO476E and 36027CO478E of the Flood
Insurance Rate Map.
(5) Letter of Map Revision, Case Number 16-02-1504P, effective July 6
2016, amending Panels 36027C0458E, 36027C0459E, 36027CO466E
and 36027CO467E of the Flood Insurance Rate Map.
The above documents are hereby adopted and declared to be a part of this
Chapter. The Flood Insurance Study and/or maps are on file at the Town Clerk,
Town of Wappinger, Town Hall, 20 Middlebush Road, Wappingers Falls, New
York 12590. Ui
0
e
e
Packet Pg. 118
9.11.b
4-
LOCAL LAW NO. 6 OF THE YEAR 2016
A Local Law entitled "Local Law No. 6 of the Year 2016, Amending Chapter 133 of the
Town Code known as Flood Damage Prevention."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows: a
Section L• Title:
This Local Law shall be known and cited as Town of Wappinger, "Local Law No. 6 of as
the Year 2016, Amending Chapter 133 of the Town Code known as Flood Damage Prevention."
Section IL• Legislative Intent:
The purpose of this Local Law is to further amend the Flood Insurance Rate Map (FIRM)
map panel numbers as required by the New York State Department of Environmental U
Conservation, Division of Water, Bureau of Flood Protection and Dam Safety to reflect recent
Letter of Map Revisions.
I-
43
E
Section III: Amendments to Chapter 133: "Flood Damage Prevention":
to
Subdivisions (4) and (5) of Section 133-6 entitled "Basis for Establishing Areas of
Special Flood Hazard" is amended to read as follows: co
"§ 133-6. Basis for Establishing Areas of Special Flood Hazard.
(4) Letter of Map Revision, Case Number 16-02-1320P,
effective July 6, 2016, amending Panels 36027C0476E and
36027C0478E of the Flood Insurance Rate Map.
(5) Letter of Map Revision, Case Number 16-02-1504P,
effective July 6, 2016, amending Panels 36027C0458E,
36027C0459E, 36027C0466E and 36027C0467E of the
Flood Insurance Rate Map.
U
0
1
Packet Pg. 119
9.11.b
4-
Section IV: Reconfirmation and Ratification:
Except as herein modified and amended, "Local Law No. 3 of the Year 2016, Amending
Chapter 133 of the Town Code known as Flood Damage Prevention" is hereby otherwise ratified
and reconfirmed. ams
E
Section V: Numbering for Codification:
CM
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and
sub-sections of this Local Law may be re-numbered or re-lettered to accomplish such intention;
the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be
changed to "Chapter," "Section" or other appropriate word as required for codification; and any U
such rearranging of the numbering and editing shall not affect the validity of this Local Law or
the provisions of the Code effected thereby.
4343
E
Section VI: Separability:
CM
CM
The provisions of this Local Law are separable and if any provision, clause, sentence,
CM
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any CO
UiW
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this local law or their application to other persons or circumstances. It is hereby declared
to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law
would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence,
e
subsection, word or part had not been included therein, and if such person or circumstance to
which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom.
U
0
Section VII: Effective Date:
is2
Packet Pg. 120
9.11.b
4-
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law Municipal Home Rule Law.
C
4)
Cm
4-
cc
U
0
Tj
0
I-
43
E
Cm
Cme
Cm
cce
e
e
U
0
IziC
4)
3
Packet Pg. 121
9.11.c
NOTICE OF PUBLIC HEARING
TOWN OF WAPPINGER
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will
conduct a PUBLIC HEARING on the 12th day of September, 2016, at 7:30 p.m. at the Town
Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all
parties in interest and citizens shall have an opportunity to be heard as to whether the Town >�
Board of the Town of Wappinger shall adopt proposed "Local Law No. 6 of the Year 2016,
Amending Chapter 133 of the Town Code known as Flood Damage Prevention."
PLEASE TAKE FURTHER NOTICE that the purpose of the proposed Local Law is to 6
amend Chapter 133-6 (4)and(5) of the Code of the Town of Wappinger in order to comply with the z
request of the New York State Department of Environmental Conservation, Division of Water, cc
Bureau of Flood Protection and Dam Safety and the revisions to the Flood Insurance Rate Map @
(FIRM)map panel numbers. 0
PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant
to 6 NYCRR 617.5(c)(24) the proposed adoption of the aforementioned Local Law is a Type H
action not requiring environmental review pursuant to the State Environmental Quality Review Act 0-
(SEQRA) or pursuant to Local Law No. 6 of 1992 of the Town of Wappinger ("WEQRA") and, E
accordingly,no environmental review has been undertaken.
C4
e
PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No.6 of the
CD
Year 2016 is available for review and inspection at the Office of the Town Clerk on weekdays from s
8:30 a.m. to 4:00 p.m., at the Town Hall,20 Middlebush Road,Wappingers Falls,New York. ua
Dated: August 8,2016
e
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER
JOSEPH P. PAOLONI, TOWN CLERK
0
0
0
Packet Pg. 122