2016-09-12 Town of Wappinger 20 Middlebush Road
Wappingers Falls,NY 12590
Regular Meeting townofwappinger.us
Minutes — Joseph Paoloni
(845)297-5771
Monday, September 12, 2016 7:30 PM Town Hall
I. Call to Order
Attendee Name Organization Title Status Arrived
Lori A. Jiava Town of Wappinger Supervisor Present 7:30 PM
William H. Beale Town of Wappinger Councilman Present 7:30 PM
William Ciccarelli Town of Wappinger Councilman Present 7:30 PM
John J. Fenton Town of Wappinger Councilman Present 7:30 PM
Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM
Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM
Al Roberts Consultant Attorney Present 7:30 PM
Bob Gray Consultant Engineer Present 7:30 PM
II. Salute to the Flag
III. Adoption of Agenda
1. Motion To: Adopt Agenda
........................................ ........................................ .......................................... ........................................... ...........................................
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, John J. Fenton
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
IV. Acknowledge Minutes
1. Motion To: Acknowledge August 8, 2016 Minutes
.................................. ......... ......... ......... ...... ......... ......... ......... ......... ......... .........
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ciccarelli, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
V. Correspondence Log
RESOLUTION: 2016-227
Town of Wappinger Page I Printed 912712016
Regular Meeting Minutes September 12, 2016
Correspondence Log
Resolution Authorizing the Acceptance of the Correspondence Log
Correspondence L g - 2016-09-12
Number To From Date Date Rec' Re: Agucla Date
09-12-001 Towii Board Heather Kitclieii 8/712016 8/8/2016 Justice MoiINV Report for Ady 2016 9/1212016
09-12-002 Tom Board SLIP Dao aiid Sal Morello 811121116 81912016 BUildiiiq Deparlmeiit Muthly Report 911212016
09-12-003 Towii Board Carl Wolfsoll 8/10f2016 8/10f2016 Justice MoiINV Report 9/1212016
09-12-004 Towii Board Bea CqLjiiti 811212016 811912016 Plaiiiiiiiq&ZBA MoiitlilV Report 911212016
09-12-005 SUperAsor Joe Eiiiipsspr 811912016 811912016 2017 Bud et Re nest 911212016,
09-12-006 Towii Clerk Barbara Roberti 8/2412016 8/2512016 Pefformaimp&Maii1piia7cp Boiids Seo 2016 9/1212016
09-12-007 Lmda Hammqaii A Roberts 812512016 812612016 Peiidmq Litiqatioii 911212016
09-12-008 Towii Clerk Theresa Briccetti 8/8/2016 8/8/2016 Form SLjbmissioii VimpiI Bettiiia 9/1212016
09-12-009 SUperAsor Slieriffs NO 8131/2016 917/2016 Speed SummarV for Diddell Rd 911212016
09-12-010 Towii Board Heather Kitclieii 9/712016 9/712016 Justice Moiitlilv Report for ALiqLjst 2016 9/1212016
NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the
attached Correspondence Log are hereby accepted and placed on file in the Office of the Town
Clerk.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-227
El Adopted Yes/Aye No/Nay Abstain Absent
• Adopted as Amended Lori A.Jiava Voter El 0 0 0
• Defeated William H.Beale Voter ...,....... 0 0 0
............... ............... ....................
• Tabled William Ciccarelli Voter El 0 0 0
• Withdrawn John J.Fenton Mover El 0 0 0
.
.............. ............
Michael Kuzmicz Seconder El 0 0 0
Dated: Wappingers Falls, New York
September 12, 2016
The Resolution is hereby duly declared Adopted.
V1. Public Hearings
1. Motion To: Open Public Hearing Local Law No. 5
...................................................................................................................................................................................................................................................................................................................................
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ciccarelli, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
.............
2. Motion To: Close Public Hearing
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Regular Meeting Minutes September 12, 2016
........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: John J. Fenton, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
3. Motion To: Open Public Hearing Local Law No. 6
........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ciccarelli, Councilman
SECONDER: John J. Fenton, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
4. Motion To: Close Public Hearing
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: John J. Fenton, 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: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
2. Motion To: Close Public Portion
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
VIII. Discussions
1. Handicap Accessible Playground
Ralph Holt addressed the board on 'all-inclusive parks'. Bob Gray identified a suitable location
Town of Wappinger Page 3 Printed 912712016
Regular Meeting Minutes September 12, 2016
at Spook Hill road where mostly usable 6 acres are available and there are limited distractions
without the limited risk of flooding. He said this will develop in stages. There is existing
parking off Spook Hill Road. Historian Joseph Cavaccini addressed the details of the
playground. He explained that the existing pavilion would be converted into an education center.
Randy Ross addressed the board and explained that Planet Fitness, Mid-Hudson Subaru, HVCU,
Rhinebeck Bank, Safeguard Industry, Rotary, Chazen group, and the County Executive have
agreed to offer varied assistance. Councilman Beale said we need to take a look at the schedule
for the Community Block Grant to help fund it.
2. Motion To: Authorize Consultants to move Forward on the Segreti La Fonda Site Project
Mark Day of the engineering firm appeared before the board representing Anthony Segretti of
Old Hopewell Commons Route 9. He proposed 54 apartments and a commercial component at
the old route 9 and Hopewell Road intersection and was asking to trade the road segments of
approximately less than a quarter mile. They would like town board consent before they bring it
for site plan approval by planning board. The discussion continued regarding some of the finer
details. Councilman Beale was concerned about the width and capacity of road flow which
would be a convolutedly bottleneck versus the straight through approach that exists now.
The motion was constructed in the following parts:
1. Determine the underlying title for road abandonment
2. To the extent legally permissible to abandon the portion of Old Route 9
3. Subject to site plan approval
........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Lori A. Jiava, Supervisor
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
3. Community Outreach Saturday 10/1
Supervisor Jiava wanted to see if there was any input from the town board on the Community
Outreach.scheduled for October 1st. Defensive Driving will be $40 and $35 for more than one in
a family. Rabbies Vaccine will be $5 for residents and $10 for non-residents. Dog Chips will be
$20. Flu shots will be available. 103 people are signed up for help with drug addiction.
4. Speed Study for Diddell Rd.
The sheriffs office has determined that there is no speeding problem on Diddell Road relative to
the speed limit. Councilman Kuzmicz knows residents that have seen speeders on that road. The
details of the speed study is documented as item 9 in the correspondence log. Supervisor Jiava
agreed to recommend to the sheriff to also look at speeding on Smith Crossing Road.
IX. Resolutions
RESOLUTION: 2016-229
Resolution Adopting 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"
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Regular Meeting Minutes September 12, 2016
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing a proposed Local Law entitled "Local Law No. 5 of the Year 2016,
"Town of Wappinger Code Regulation the Administration and Enforcement of the New York
State Uniform Code and Energy Code"; and
WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and
the Poughkeepsie Journal, the official newspapers of the Town, as required by law; and
WHEREAS, the Public Hearing was held on September 12, 2016, and all parties in
attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed
Local Law or any part thereof, and
WHEREAS,the Town Board determined that the proposed Local Law was not subject to
Environmental Review; and
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 RESOLVES, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 5 of
the Year 2016, "Town of Wappinger Code Regulating the Administration and Enforcement of
the New York State Uniform Code and Energy Code", a copy of which is attached hereto and
made part of this Resolution.
3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting
and to the Local Law book for the Town of Wappinger and to give due notice of the adoption of
said Local Law to the Secretary of State of New York.
4. This Local Law shall become effective immediately upon filing with the
Secretary of State as provided by law.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-229
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 Mover EJ...................0 ❑ ❑
Michael Kuzmicz Seconder Q ❑ C7 D
Dated: Wappingers Falls, New York
September 12, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-228
Resolution Adopting Local Law No. 6 Of The Year 2016, "Amending Chapter 133 Of The
Town Code Known As Flood Damage Prevention"
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Regular Meeting Minutes September 12, 2016
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing proposed "Local Law No. 6 of the Year 2016, Amending Chapter 133 of
the Town Code known as Flood Damage Prevention"; and
WHEREAS, the Public Hearing was duly advertised in the Poughkeepsie Journal and
Southern Dutchess News, the official newspapers of the Town; and
WHEREAS, the Public Hearing was held on September 12, 2016, and all parties in
attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed
Local Law or any part thereof, and
WHEREAS,the Town Board determined that the proposed Local Law was not subject to
Environmental Review; and
WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that
it is in the best interest of the Town to adopt said Local Law; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board
of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption
of this Resolution.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board of the Town of Wappinger hereby adopts "Local Law No. 6 of
the Year 2016, Amending Chapter 133 of the Town Code known as Flood Damage Prevention",
a copy of which is attached hereto and made part of this Resolution.
3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting
and to the Local Law book for the Town of Wappinger and to give due notice of the adoption of
said Local Law to the Secretary of State of New York .
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-228
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
... . . ... . . . . ...... ....... ....... .. ..... .....
❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑
. .................. ....... ....... .. ........................................
❑ Tabled William Ciccarelli Voter CSI ❑ ❑ ❑
.................. ................. ....... ........ ................ .......
❑ Withdrawn John J.Fenton Voter Q ❑ C7 C7
..
Michael Kuzmicz Mover Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
September 12, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-236
Resolution Appointing A Part-Time Temporary Tax Collector For The Receiver Of Taxes
WHEREAS, by Resolution No. 2016-69, adopted by the Town Board on January 25,
2016, the Town Board created the position of Part-Time Temporary Tax Collector to work under
the supervision of the Receiver of Taxes and confirmed the appointment of Sarah Freno to the
position; and
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Regular Meeting Minutes September 12, 2016
WHEREAS, the Town Board wishes to reappointment Sarah Freno to the position of
Part-Time Temporary Tax Collector for the Receiver of Taxes effective for the period September
12, 2016 through November 2, 2016.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby reappointments Sarah Freno to the position of Part-Time
Temporary Tax Collector effective for the period September 12, 2016 through November 2,
2016.
3. Sarah Freno shall work a maximum of 17.5 hours per week and shall be paid at
the rate of$13.50 per hour, effective immediately.
4. The salary shall be paid from budget line A1330.102.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-236
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
September 12, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-237
In the Matter of The Increase and Improvement of the Facilities of the United Wappinger
Sewer District in the Town of Wappinger, Dutchess County, New York
WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York,
has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to
Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the
United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York (the
"Sewer District"), being the District's share of the cost of the replacement and relining of
sections of the trunk sewer line and installation of access roads along the sewer line right of way
located in the Town of Poughkeepsie, New York, and operated by the Tri-Municipal Sewer
Commission, for the benefit of the Town of Poughkeepsie, Village of Wappingers Falls and the
United Wappinger Sewer District, including appurtenances and incidental improvements and
expenses in connection therewith, at a maximum estimated cost of$217,104.00; and
WHEREAS, said capital project has been determined to be a Type II Action pursuant to 6
NYCRR 617.5, the regulations of the New York State Department of Environmental
Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA")
and Chapter 117 of the Code of the Town of Wappinger ("WEQRA"), the implementation of
which as proposed will not result in any significant environmental effects and the documentation
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Regular Meeting Minutes September 12, 2016
relating to SEQRA/WEQRA is available in the office of the Town Clerk for inspection during
normal office hours; and
WHEREAS, it is now desired to call a public hearing on the question of the increase and
improvement of the facilities of said Sewer District, in the matter described above, and to hear all
persons interested in the subject thereof, concerning the same, in accordance with the provisions
of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY
ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New
York, as follows:
Section 1. A public hearing will be held in the Town Hall, 20 Middlebush Road, in
Wappingers Falls, New York, in said Town, on October 11, 2016, at 7:30 o'clock P.M.,
Prevailing Time, on the question of the increase and improvement of the facilities of United
Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York, in the
manner described in the preambles hereof, and to hear all persons interested in the subject
thereof, concerning the same, and to take such action thereon as is required or authorized by law.
Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the
Notice of Public Hearing hereinafter provided to be published once in the official newspaper,
and also to cause a copy thereof to be posted on the sign board of the Town, such publication and
posting to be made not less than ten, nor more than twenty, days before the date designated for
the hearing.
Section 3. The notice of public hearing shall be in substantially the form attached
hereto as Exhibit A and hereby made a part hereof.
Section 4. This Order shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-237
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
September 12, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-239
Resolution Making Certain Determinations In Relation To An Application For State
Comptroller Approval Of A Proposed Sewer District, In The Town Of Wappinger,
Dutchess County, New York, To Be Known As The Mid Point Park Sewer District Of The
Town Of Wappinger, Dutchess County, New York
WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York,
has duly caused to be prepared a Map, Plan and Report dated February 23, 2016, showing the
boundaries of the proposed Sewer District in said Town, to be known as the Mid Point Park
Sewer District(the "District"), and a general plan to serve said District, and a report of the
proposed improvements and method of operation thereof including an estimate of cost; and
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Regular Meeting Minutes September 12, 2016
WHEREAS, said Map, Plan and Report were prepared by a competent engineer, duly
licensed by the State of New York, and have been filed in the Office of the Town Clerk of said
Town, where the same are available during regular office hours for examination by any persons
interested in the subject matter thereof, and
WHEREAS, the establishment of the District and the capital project proposed therefor,
have been determined to be a Type II Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the State Environmental
Quality Review Act, which as proposed, the Town Board has determined will not have any
significant adverse effects on the environment; and
WHEREAS, an Order was duly adopted by the Town Board on March 28, 2016, reciting
a description of the boundaries of the District, the improvements proposed, the maximum
amount proposed to be expended for said improvements, the proposed methods of financing to
be employed, the fact that said Map, Plan and Report, including an estimate of cost, were on file
in the Office of the Town Clerk for public inspection and specifying the 25th day of April, 2016,
at 7:30 o'clock P.M., local time, at the Town Hall, in Wappinger, New York, in said Town, as
the time when and the place where said Town Board would meet for the purpose of holding a
public hearing to consider the establishment of the District and said Map, Plan and Report
(including estimate of cost) filed in relation thereto and to hear all persons interested in the
subject thereof concerning the same; and
WHEREAS,notice of aforesaid public hearing was duly published and posted in the
manner and within the time prescribed by Section 209-d of the Town Law, and proof of
publication and posting have been duly presented to said Town Board(with posting continued
until date of hearing); and
WHEREAS, said public hearing was duly held at the time and place in said order as
aforesaid, at which all persons desiring to be heard were duly heard; and
WHEREAS, said Town Board duly considered said Map, Plan and Report(including
estimate of cost) and the evidence given at said public hearing; and
WHEREAS, said Town Board in proceedings adopted on April 25, 2016 and subject to
permissive referendum, has made the determinations required by Section 209-e of the Town Law
after careful review of the cost and project as proposed and upon advice as to its continued
feasibility at said cost; and
WHEREAS,no petition for permissive referendum has been filed in relation thereto; and
WHEREAS, an application for approval of establishment of said District has been
prepared for submission to the Office of the State Comptroller and the Town Board has reviewed
said application.
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. Upon the evidence given as the aforesaid public hearing and review of the
application to the Office of the State Comptroller for permission to establish the District, it is
hereby found and determined as follows,pursuant to the requirements of Section 85.3(b)(1) of
Chapter III of Title 2 of the New York Codes, Rules and Regulations:
a) The application to the Office of the State Comptroller was prepared at the
direction of this Town Board and submitted to the Town Board for review on
or about June 7, 2016;
b) The Town Board, by Resolution No. 2016-187, acknowledged receipt of the
application to be submitted to the Office of the State Comptroller; that the
Town Board believed the contents to be accurate; and authorized the
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Regular Meeting Minutes September 12, 2016
Supervisor of the Town to execute the application on behalf of the Town
Board;
c) The establishment of the proposed District is in the public interest and will not
constitute an undue burden of the property which will bear the cost thereof,
d) All the property and property owners within the proposed District, as
described in the preambles hereof, are benefited thereby; and
e) All the property and property owners benefited are included within the limits
of the proposed District.
3. The time period for a permissive referendum has passed and no petition for
referendum has been filed; and
4. The Town Clerk is directed to execute two (2) original certificates that no petition
for referendum was filed in substantially the same form as annexed hereto.
5. The Town Clerk shall, as soon as practicable but in any event within ten (10) days
after the date hereof,prepare two (2) certified copies of this Resolution for filing in the Office of
the State Comptroller, Department of Audit and Control at Albany, New York.
6. The Town Clerk and the Attorney to the Town shall provide to the Office of the
State Comptroller all additional documents required for permission to establish the District as
provided for by Subdivision 3 of Section 209-f of the Town Law of the State of New York; and
that such application shall be executed by and on behalf of the Town Board by the Supervisor of
the Town.
7. This Resolution shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-239
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
...... ........ .
❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑
❑ Tabled William
................ ....... ...... ... .... .. ..... . .. ...... ..
Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
.
Michael Kuzmicz Mover Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
September 12, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-238
Resolution Authorizing Refund Of Unused Escrow For Ketchum Knolls Subdivision
(ACCOUNT 14-5169/15-6044PP)
WHEREAS, on or about March 24, 2014, David Stenger, a Member of LMD Property
Holdings, LLC (hereinafter the "Applicant") filed an application for Subdivision Approval under
Application Numbers 14-5169/15-6044PP; and
WHEREAS, total escrow deposits in the amount of Thirty Two Thousand One Hundred Sixty-
Eight 75/100 Dollars ($32,168.75) 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 Nine Thousand Three Hundred Seventy-Five 45/100 Dollars
($9,375.45)in escrow account numbers 14-5169/15-6044PP; and
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Regular Meeting Minutes September 12, 2016
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 LMD Property Holdings, LLC, in the
amount of Nine Thousand Three Hundred Seventy-Five 45/100 Dollars ($9,375.45), representing the
unused escrow balance for the above project.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-238
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
September 12, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-240
Resolution Authorizing Refund Of Unused Escrow For La Fonda Del Sol Redevelopment
Site Plan (Account 14-3310)
WHEREAS, on or about June 9, 2014, David Stenger, a Member of LMD Property
Holdings, LLC (hereinafter the "Applicant") filed an application for Redevelopment Site Plan
Approval under Application Number 14-3310; and
WHEREAS, total escrow deposits in the amount of Three Thousand Nine Hundred
Fifty-Four 35/100 Dollars ($3,954.35) were received from the Applicant for payment of the
fees of the Town's professionals to review the application; and
WHEREAS, the Applicant has made a request to have the application withdrawn and
the unused escrow balance be refunded; and
WHEREAS, all professional fees incurred during the review of the application have
been paid and there remains a balance of Nine Hundred Eighty-One 60/100 Dollars ($981.60)
in escrow account number 14-3310 and Applicant has requested a refund and the Town
Accountant has audited the escrow account and reviewed the amount due.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby authorizes a refund to LMD Property Holdings, LLC,
in the amount of Nine Hundred Eighty-One 60/100 Dollars ($981.60) from escrow account
number 14-3310,representing the unused escrow balance for the above project.
The foregoing was put to a vote which resulted as follows:
Town of Wappinger Page 11 Printed 912712016
Regular Meeting Minutes September 12, 2016
✓Vote Record-Resolution RES-2016-240
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava VoterQ ❑ ❑ ❑
❑ Defeated William H.Beale Mover...... ....... ........ .Q ❑ ❑ ... ❑
.... ....... ...... ... .... .. ..... . .. ...... ..
❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Voter Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
September 12, 2016
The Resolution is hereby duly declared Adopted.
X. Town Board Review of Vouchers
RESOLUTION: 2016-230
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board -PP
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-PP
Vendor A B DB T92 AM
(General (General (Highway (Plannin (Ambulance
Town Part Fund) g /Zoning )
wide) Town) Escrows)
Camo
Camo
Central Hudson 3,016.83
Central Hudson
56.74
Scott Volkman
7,000.00
NYSAA Assessor
175.00
Home Depot
8.49
Home Depot
49.92
Home Depot
24.98
Zep Sales
1,306.85
Town of Wappinger Page 12 Printed 912712016
Regular Meeting Minutes September 12, 2016
Vanacore Sedore
1,250.00
James Baisley Tree
Ser 1,600.00
Bottoni Fuel
4,879.55
Bottoni Fuel
809.55
Corbin Excavating
Westlaw
200.00
Al Roberts 3,970.00 35.00
16,572.50 367.50
Al Roberts 157.50
1,015.00
Al Roberts
577.50
Al Roberts
262.50
Al Roberts 2,085.62
Al Roberts 3,885.00
Al Roberts 604.66
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Expanded Supply
Prod
Expanded Supply
Prod 865.00
Expanded Supply
Prod
Expanded Supply
Prod
Frederick Clark
4,007.00
Frederick Clark
763.00
Frederick Clark
997.50
Frederick Clark
325.00
Celia Sigalow
Translator 140.00
Town of Wappinger Page 13 Printed 912712016
Regular Meeting Minutes September 12, 2016
Superior Signs
2,900.00
DC Supervisor
Meeting 30.00
Tilcon
649.80
Software Consultants 2,900.00
Staples
47.70
Staples
197.32
Staples 143.96
Staples 22.28
Reserve Acc't Postage
7,000.00
Wells Fargo
323.00
Mackey Butts &Wise
1,277.50
Mackey Butts &Wise
17.50
Mackey Butts &Wise
17.50
Mackey Butts &Wise
367.50
Mackey Butts &Wise
6,230.00
Chase Visa
32.06
Stormwater
25.00
Stormwater
Stormwater
775.00
Avello Bros
Delta Dental 379.64
1,556.30
Inter City Tire
40.00
Roberts IT Consulting
1,657.50
C & N Amusements
2,375.00
Town of Wappinger Page 14 Printed 912712016
Regular Meeting Minutes September 12, 2016
American Rock Salt
3,600.00
Beam Mack Sales &
Ser
Total $51,916.06 $17,165.49 $11,708.70 $8,747.50 $35.00
Vendor A LC LD LH HBE T96
(Gener (Cameli (Chelse (Hughsonvi (Highway (Road
al Lightin a Ile Lighting Equipmen Inspectio
Town g) Lightin District) t) n)
wide) g
District
Camo
Camo
Central Hudson
91.02 968.11 2,743.46
Central Hudson
Scott Volkman
NYSAA Assessor
Home Depot
Home Depot
Home Depot
Zep Sales
Vanacore Sedore
James Baisley
Tree Ser
Bottoni Fuel
Bottoni Fuel
Corbin Excavating
Westlaw
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Town of Wappinger Page 15 Printed 912712016
Regular Meeting Minutes September 12, 2016
Al Roberts
Expanded Supply
Prod
Expanded Supply
Prod
Expanded Supply
Prod
Expanded Supply
Prod
Frederick Clark
Frederick Clark
Frederick Clark
Frederick Clark
Celia Sigalow
Translator
Superior Signs
DC Supervisor
Meeting
Tilcon
Software
Consultants
Staples
Staples
Staples
Staples
Reserve Acc't
Postage
Wells Fargo
Mackey Butts &
Wise
Mackey Butts &
Wise
Mackey Butts &
Wise
Mackey Butts &
Wise
Mackey Butts &
Wise
Chase Visa
Stormwater
Stormwater
1,825.00
Stormwater
Avello Bros
Delta Dental
Inter City Tire
Roberts IT
Town of Wappinger Page 16 Printed 912712016
Regular Meeting Minutes September 12, 2016
Consulting
C & N
Amusements
American Rock
Salt
Beam Mack Sales
& Ser 168,499.1
5
Total $91.02 $968.11 $2,743.46 $168,499. $1,825.00
15
Vendor HBM HWN T 99 WF WH
(Roads (Wapp (other (Fleetwood) (Watchill
Resurfacing) Water Escrows) Water)
Main)
Camo
Camo 2,362.50 1,708.33
Central Hudson
Central Hudson
Scott Volkman
NYSAA Assessor
Home Depot
Home Depot
Home Depot
Zep Sales
Vanacore Sedore
James Baisley Tree
Ser
Bottoni Fuel
Bottoni Fuel
Corbin Excavating 594.00
Westlaw
Al Roberts
122.50
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Town of Wappinger Page 17 Printed 912712016
Regular Meeting Minutes September 12, 2016
Al Roberts
17.50
Al Roberts
192.50
Al Roberts
490.00
Expanded Supply 133.00
Prod
Expanded Supply
Prod
Expanded Supply 665.00
Prod
Expanded Supply 1,596.00
Prod
Frederick Clark
Frederick Clark
Frederick Clark
Frederick Clark
Celia Sigalow
Translator
Superior Signs
DC Supervisor
Meeting
Tilcon
Software Consultants
Staples
Staples
Staples
Staples
Reserve Acc't Postage
Wells Fargo
Mackey Butts &Wise
Mackey Butts &Wise
Mackey Butts &Wise
Mackey Butts &Wise
Mackey Butts &Wise
Chase Visa
Stormwater
Stormwater
Stormwater
Avello Bros 20,046.88
Delta Dental
Inter City Tire
Roberts IT Consulting
C & N Amusements
Town of Wappinger Page 18 Printed 912712016
Regular Meeting Minutes September 12, 2016
American Rock Salt
Beam Mack Sales &
Ser
Total $23,034.88 $682.50 $140.00 $2,362.50 $1,708.33
Vendor WT (Tall WU SF SM SU (Wapp
Trees (Wapp (Fleetwood (Midpoint United
Water) United Sewer) Sewer) Sewer)
Water)
Camo 8,391.67 10,000.00 58,166.67
Camo 3,179.17 86,166.67
Central Hudson
Central Hudson
Scott Volkman
NYSAA Assessor
Home Depot
Home Depot
Home Depot
Zep Sales
Vanacore Sedore
James Baisley Tree
Ser
Bottoni Fuel
Bottoni Fuel
Corbin Excavating
Westlaw
Al Roberts
52.50 2,240.00
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
Al Roberts
367.50
Al Roberts
Al Roberts
Al Roberts
Expanded Supply Prod
Expanded Supply Prod
Town of Wappinger Page 19 Printed 912712016
Regular Meeting Minutes September 12, 2016
Expanded Supply Prod
Expanded Supply Prod
Frederick Clark
Frederick Clark
Frederick Clark
Frederick Clark
Celia Sigalow
Translator
Superior Signs
DC Supervisor
Meeting
Tilcon
Software Consultants
Staples
Staples
Staples
Staples
Reserve Acc't Postage
Wells Fargo
Mackey Butts &Wise
Mackey Butts &Wise
Mackey Butts &Wise
Mackey Butts &Wise
Mackey Butts &Wise
Chase Visa
Stormwater
Stormwater
Stormwater
Avello Bros
Delta Dental
Inter City Tire
Roberts IT Consulting
C & N Amusements
American Rock Salt
Beam Mack Sales &
Ser
Total $3,231.67 $86,166.67 $8,391.67 $12,240.00 $58,534.17
Vendor WT SW Paid Town Board Hold
(Tall (Watchill
Trees Sewer)
Town of Wappinger Page 20 Printed 912712016
Regular Meeting Minutes September 12, 2016
Water)
Camo 13,500.00 90,058.34
Camo 93,416.67
Central Hudson 6,819.42
Central Hudson 56.74
Scott Volkman 7,000.00
NYSAA Assessor 175.00
Home Depot 8.49
Home Depot 49.92
Home Depot 24.98
Zep Sales 1,306.85
Vanacore Sedore 1,250.00
James Baisley Tree 1,600.00
Ser
Bottoni Fuel 4,879.55
Bottoni Fuel 809.55
Corbin Excavating 594.00
Westlaw 200.00
Al Roberts 23,360.00
Al Roberts 1,172.50
Al Roberts 577.50
Al Roberts 262.50
Al Roberts 2,085.62
Al Roberts 3,885.00
Al Roberts 604.66
Al Roberts 367.50
Al Roberts 17.50
Al Roberts 192.50
Al Roberts 490.00
Expanded Supply 133.00
Prod
Expanded Supply 865.00
Prod
Expanded Supply 665.00
Prod
Expanded Supply 1,596.00
Prod
Frederick Clark 4,007.00
Frederick Clark 763.00
Frederick Clark 997.50
Frederick Clark 325.00
Celia Sigalow 140.00
Translator
Superior Signs 2,900.00
DC Supervisor 30.00
Town of Wappinger Page 21 Printed 912712016
Regular Meeting Minutes September 12, 2016
Meeting
Tilcon 649.80
Software Consultants 2,900.00
Staples 47.70
Staples 197.32
Staples 143.96
Staples 22.28
Reserve Acc't 7,000.00
Postage
Wells Fargo 323.00
Mackey Butts &Wise 1,277.50
Mackey Butts &Wise 17.50
Mackey Butts &Wise 17.50
Mackey Butts &Wise 367.50
Mackey Butts &Wise 6,230.00
Chase Visa 32.06
Stormwater 25.00
Stormwater 1,825.00
Stormwater 775.00
Avello Bros 20,046.88
Delta Dental 1,935.94
Inter City Tire 40.00
Roberts IT Consulting 1,657.50
C & N Amusements 2,375.00
American Rock Salt 3,600.00
Beam Mack Sales & 168,499.15
Ser
Total $13,500.00 $0.00 $302,267.23 $171,424.65
$473,691.88 $473,691.88
I,Joseph P. Paoloni,Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above
were audited by a majority of the Town Board at the public meeting September 12, 2016, and allowed
to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to
submit such claims to the Accounting Department for payment.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-230
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale ...................Voter... Q.........,.... ..❑..... ❑........,... ..❑.......,
..... ..... .......
❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Seconder Q ❑ ❑ ❑
Michael Kuzmicz Voter Q ❑ ❑ ❑
Town of Wappinger Page 22 Printed 912712016
Regular Meeting Minutes September 12, 2016
Dated: Wappingers Falls, New York
September 12, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-231
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board -IKK
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-KK
Vendor A B DB T92 HWF
(General (General (Highway (Escrows) (Filtration
Town wide) Part Town) Fund) of Atlas &
Hilltop)
Camo
Camo
Vanacore 2,540.00
(Sedore)
Central Hudson 484.45
Central Hudson 35.09
Central Hudson 91.48
Central Hudson 3,138.07
Central Hudson 170.71
Central Hudson 2,785.95
Montfort Bros 14.60
NYCOMCO 65.00 1,852.00
NYCOMCO 98.00
Poughkeepsie 35.35
Jour
Home Depot 59.40
Home Depot 5.66
Signal Graphics 189.42
Bottoni Fuel 867.76
Arkel Motors 106.27
Dutchess Metal 48.00
Tire King 21.00
Munistat Services 1,500.00
Hillman Signs 128.25
NENY Safety & 630.00
Healt
Town of Wappinger Page 23 Printed 912712016
Regular Meeting Minutes September 12, 2016
Tilcon 976.69
Staples 249.11
Staples 32.25
Optimum 70.75
Cablevision
Wells Fargo 336.76
Aflac
Chase Visa 292.05
Don Kortright Tire 200.00
Stormwater 1,000.00
Stormwater 25.00
Stormwater 1,400.00
Stormwater 750.00
Stormwater 25.00
Verizon Wireless 513.48 468.31
Auto Zone 124.22
Hannaford 11.06
ITC Telephone 290.25
Inter City Tire 88.85
Ken Bernstein 1,522.50
Dutchess Proprint 5.60
DC Public 14,490.00
Transport
Herring Sanitation 718.75
Spar Construction
Spar Construction 4,000.00
Total $27,018.37 $4,861.39 $4,377.33 $2,200.00 $4,000.00
Vendor A LC LD LH T16 HWN
(Genera (Cameli (Chelse (Hughsonvill (Aflac) (Wapp
I Town Lighting a e Lighting Water
wide) ) Lighting District) Main)
District)
Camo
Camo
Vanacore
(Sedore)
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson 2,570.81
Town of Wappinger Page 24 Printed 912712016
Regular Meeting Minutes September 12, 2016
87.55 908.26
Montfort Bros
NYCOMCO
NYCOMCO
Poughkeepsie
Jour
Home Depot
Home Depot
Signal Graphics
Bottoni Fuel
Arkel Motors
Dutchess Metal
Tire King
Munistat Services
Hillman Signs
NENY Safety &
Healt
Tilcon
Staples
Staples
Optimum
Cablevision
Wells Fargo
Aflac
131.90
Chase Visa
Don Kortright Tire
Stormwater
Stormwater
Stormwater
Stormwater
Stormwater
Verizon Wireless
Auto Zone
Hannaford
ITC Telephone
Inter City Tire
Ken Bernstein
Dutchess Proprint
DC Public
Transport
Herring Sanitation
Spar Construction
18,900.00
Town of Wappinger Page 25 Printed 912712016
Regular Meeting Minutes September 12, 2016
Spar Construction
Total $87.55 $908.26 $2,570.81 $131.9 $18,900.0
0 0
Vendor A WF WH WT WU SF
(Genera (Fleetwoo (Watchil (Tall (Wapp (Fleetwoo
I Town d Water) I Water) Trees United d Sewer)
wide) Water) Water)
Camo 2,362.50
1,708.33 3,179.17 86,166.67
Camo 8,391.67
Vanacore
(Sedore)
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Montfort Bros
NYCOMCO
NYCOMCO
Poughkeepsie
Jour
Home Depot
Home Depot
Signal Graphics
Bottoni Fuel
Arkel Motors
Dutchess Metal
Tire King
Munistat Services
Hillman Signs
NENY Safety &
Healt
Tilcon
Staples
Staples
Optimum
Cablevision
Wells Fargo
Aflac
Town of Wappinger Page 26 Printed 912712016
Regular Meeting Minutes September 12, 2016
Chase Visa
Don Kortright Tire
Stormwater
Stormwater
Stormwater
Stormwater
Stormwater
Verizon Wireless
Auto Zone
Hannaford
ITC Telephone
Inter City Tire
Ken Bernstein
Dutchess Proprint
DC Public
Transport
Herring
Sanitation
Spar
Construction
Spar
Construction
Total $2,362.50 $1,708.3 $3,179.1 $86,166.6 $8,391.67
3 7 7
Vendor A SM SU (Wapp SW Paid
(General (Midpoint United (Watchill
Town Sewer) Sewer) Sewer)
wide)
Camo
Camo 10,000.00 58,166.67 13,500.00
Vanacore (Sedore)
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Montfort Bros
NYCOMCO
NYCOMCO
Poughkeepsie Jour
Town of Wappinger Page 27 Printed 912712016
Regular Meeting Minutes September 12, 2016
Home Depot
Home Depot
Signal Graphics
Bottoni Fuel
Arkel Motors
Dutchess Metal
Tire King
Munistat Services
Hillman Signs
NENY Safety &
Healt
Tilcon
Staples
Staples
Optimum
Cablevision
Wells Fargo
Aflac
Chase Visa
Don Kortright Tire
Stormwater
Stormwater
Stormwater
Stormwater
Stormwater
Verizon Wireless
Auto Zone
Hannaford
ITC Telephone
Inter City Tire
Ken Bernstein
Dutchess Proprint
DC Public
Transport
Herring Sanitation
Spar Construction
Spar Construction
Total $10,000.00 $58,166.67 $13,500.00 $0.00
$248,530.62
Vendor Town Board Hold
Camo
93,416.67
Camo
Town of Wappinger Page 28 Printed 912712016
Regular Meeting Minutes September 12, 2016
90,058.34
Vanacore (Sedore)
2,540.00
Central Hudson 484.45
Central Hudson 35.09
Central Hudson 91.48
Central Hudson
3,138.07
Central Hudson 170.71
Central Hudson
6,352.57
Montfort Bros 14.60
NYCOMCO
1,917.00
NYCOMCO 98.00
Poughkeepsie Jour 35.35
Home Depot 59.40
Home Depot 5.66
Signal Graphics 189.42
Bottoni Fuel 867.76
Arkel Motors 106.27
Dutchess Metal 48.00
Tire King 21.00
Munistat Services
1,500.00
Hillman Signs 128.25
NENY Safety & 630.00
Healt
Tilcon 976.69
Staples 249.11
Staples 32.25
Optimum 70.75
Cablevision
Wells Fargo 336.76
Aflac 131.90
Chase Visa 292.05
Don Kortright Tire 200.00
Stormwater
1,000.00
Stormwater 25.00
Stormwater
1,400.00
Stormwater 750.00
Stormwater 25.00
Verizon Wireless 981.79
Auto Zone 124.22
Hannaford 11.06
Town of Wappinger Page 29 Printed 912712016
Regular Meeting Minutes September 12, 2016
ITC Telephone 290.25
Inter City Tire 88.85
Ken Bernstein
1,522.50
Dutchess Proprint 5.60
DC Public
Transport 14,490.00
Herring Sanitation 718.75
Spar Construction
18,900.00
Spar Construction
4,000.00
Total $248,505.62 $25.00
$248,530.62
I,Joseph P. Paoloni,Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above
were audited by a majority of the Town Board at the public meeting August 8, 2016, and allowed to the
claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such
claims to the Accounting Department for payment.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-231
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava „Voter Q ❑ ❑ ❑
❑ Defeated William H Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Mover
❑ Withdrawn John JFenton........................ ..Seconder. QQ.................D❑ D❑........ ........D❑
.......
Michael Kuzmicz Voter Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
September 12, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-232
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board -LL
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-LL
Vendor A B DB T92
(General (General (Highway (Planning
Town of Wappinger Page 30 Printed 912712016
Regular Meeting Minutes September 12, 2016
Town Part Fund) /Zoning
wide) Town) Escrows)
Camo 650.00
Camo 1,300.00
Camo
638.60
Camo
552.50
Central Hudson
1,500.64
Central Hudson
13.12
Central Hudson
38.09
Central Hudson
503.39
Central Hudson
38.09
Scott Volkman
6,072.50
NYS Emp H/I Ins Civis 3,915.17 9,134.20
S 7,092.79
Poughkeepsie Journal 48.85
Poughkeepsie Journal 60.10
Southern Dut News 53.35
James Baisley 825.00
S&S Worldwide Camp 1,105.30
Chambers Tractor 343.32
Arkel Motors 504.12
General Code
3,271.00
Advance Auto 165.01
62.07
Advance Auto
5.00
Advance Auto
49.28
Advance Auto
6.48
Advance Auto
96.07
Tilcon 770.77
Staples
Town of Wappinger Page 31 Printed 912712016
Regular Meeting Minutes September 12, 2016
93.20
Atlas Star
38.00
Comm of Finance
Supplie 22.71
Optimum
175.60
Optimum
34.95
Optimum
127.24
Ryan Leone Reimburse 265.14
Ready Refresh Water
204.94
W B Mason 316.32
Auto Zone 119.93
Sarjo Ind 139.11
Sarjo Ind
30.50
Jesco
62.97
Jessica Fulton 86.12
Reimburse
Jessica Fulton
Reimburse 82.99
Bj's Wholesale
Members 54.06
Lou DiCocco
Reimburse 24.97
Herring Sanitation
1,750.00
Transitional Builders
Inc 7,445.00
Total $29,711.68 $5,699.04 $12,527.84 $1,950.00
$49,888.56
Vendor Paid Town Board Hold
Camo
650.00
Camo
1,300.00
Camo
638.60
Town of Wappinger Page 32 Printed 912712016
Regular Meeting Minutes September 12, 2016
Camo
552.50
Central Hudson
1,500.64
Central Hudson 13.12
Central Hudson 38.09
Central Hudson
503.39
Central Hudson 38.09
Scott Volkman
6,072.50
NYS Emp H/I Ins Civis
S 20,142.16
Poughkeepsie Journal 48.85
Poughkeepsie Journal 60.10
Southern Dut News 53.35
James Baisley
825.00
S&S Worldwide Camp
1,105.30
Chambers Tractor
343.32
Arkel Motors
504.12
General Code
3,271.00
Advance Auto
227.08
Advance Auto 5.00
Advance Auto 49.28
Advance Auto 6.48
Advance Auto 96.07
Tilcon
770.77
Staples 93.20
Atlas Star 38.00
Comm of Finance 22.71
Supplie
Optimum
175.60
Optimum 34.95
Optimum
127.24
Ryan Leone Reimburse
265.14
Ready Refresh Water
204.94
W B Mason
316.32
Town of Wappinger Page 33 Printed 912712016
Regular Meeting Minutes September 12, 2016
Auto Zone
119.93
Sarjo Ind
139.11
Sarjo Ind 30.50
Jesco 62.97
Jessica Fulton 86.12
Reimburse
Jessica Fulton 82.99
Reimburse
Bj's Wholesale 54.06
Members
Lou DiCocco 24.97
Reimburse
Herring Sanitation
1,750.00
Transitional Builders
Inc 7,445.00
Total $0.00 $49,888.56 $0.00
$49,888.56
I,Joseph P. Paoloni,Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above
were audited by a majority of the Town Board at the public meeting September 12, 2016, and allowed
to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to
submit such claims to the Accounting Department for payment.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-232
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale ............... Voter.. Q.........,.... ..❑..... ❑........,... ..❑.......,
❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑
❑ Withdrawn
John J.Fenton...................... ...Seconder
.........Q........,........❑.......,........❑........,.......❑.....
Michael Kuzmicz Voter Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
September 12, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-233
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board -MM
The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger,
Town of Wappinger Page 34 Printed 912712016
Regular Meeting Minutes September 12, 2016
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-MM
Vendor A B DB T92
(General (General (Highway (Planning
Town Part Fund) /Zoning
wide) Town) Escrows)
Camo 650.00
Camo 1,300.00
Camo
638.60
Camo
552.50
Central Hudson
1,500.64
Central Hudson
13.12
Central Hudson
38.09
Central Hudson
503.39
Central Hudson
38.09
Scott Volkman
6,072.50
NYS Emp H/I Ins Civis 3,915.17 9,134.20
S 7,092.79
Poughkeepsie Journal 48.85
Poughkeepsie Journal 60.10
Southern Dut News 53.35
James Baisley 825.00
S&S Worldwide Camp 1,105.30
Chambers Tractor 343.32
Arkel Motors 504.12
General Code
3,271.00
Advance Auto 165.01
62.07
Advance Auto
5.00
Advance Auto
49.28
Town of Wappinger Page 35 Printed 912712016
Regular Meeting Minutes September 12, 2016
Advance Auto
6.48
Advance Auto
96.07
Tilcon 770.77
Staples
93.20
Atlas Star
38.00
Comm of Finance
Supplie 22.71
Optimum
175.60
Optimum
34.95
Optimum
127.24
Ryan Leone Reimburse 265.14
Ready Refresh Water
204.94
W B Mason 316.32
Auto Zone 119.93
Sarjo Ind 139.11
Sarjo Ind
30.50
Jesco
62.97
Jessica Fulton 86.12
Reimburse
Jessica Fulton
Reimburse 82.99
Bj's Wholesale
Members 54.06
Lou DiCocco
Reimburse 24.97
Herring Sanitation
1,750.00
Transitional Builders
Inc 7,445.00
Total $29,711.68 $5,699.04 $12,527.84 $1,950.00
$49,888.56
Town of Wappinger Page 36 Printed 912712016
Regular Meeting Minutes September 12, 2016
Vendor A Paid Town Board Hold
(General
Town
wide)
Camo
650.00
Camo
1,300.00
Camo
638.60
Camo
552.50
Central Hudson
1,500.64
Central Hudson 13.12
Central Hudson 38.09
Central Hudson
503.39
Central Hudson 38.09
Scott Volkman
6,072.50
NYS Emp H/I Ins Civis
S 20,142.16
Poughkeepsie Journal 48.85
Poughkeepsie Journal 60.10
Southern Dut News 53.35
James Baisley
825.00
S&S Worldwide Camp
1,105.30
Chambers Tractor
343.32
Arkel Motors
504.12
General Code
3,271.00
Advance Auto
227.08
Advance Auto 5.00
Advance Auto 49.28
Advance Auto 6.48
Advance Auto 96.07
Tilcon
770.77
Staples 93.20
Atlas Star 38.00
Comm of Finance 22.71
Supplie
Town of Wappinger Page 37 Printed 912712016
Regular Meeting Minutes September 12, 2016
Optimum
175.60
Optimum 34.95
Optimum
127.24
Ryan Leone Reimburse
265.14
Ready Refresh Water
204.94
W B Mason
316.32
Auto Zone
119.93
Sarjo Ind
139.11
Sarjo Ind 30.50
Jesco 62.97
Jessica Fulton 86.12
Reimburse
Jessica Fulton 82.99
Reimburse
Bj's Wholesale 54.06
Members
Lou DiCocco 24.97
Reimburse
Herring Sanitation
1,750.00
Transitional Builders
Inc 7,445.00
Total $0.00 $49,888.56 $0.00
$49,888.56
I,Joseph P. Paoloni,Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above
were audited by a majority of the Town Board at the public meeting September 12, 2016, and allowed
to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to
submit such claims to the Accounting Department for payment.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-233
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 Seconder Q ❑ ❑ ❑
.
Michael Kuzmicz Voter Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
Town of Wappinger Page 38 Printed 912712016
Regular Meeting Minutes September 12, 2016
September 12, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-234
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board -NN
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-NN
Vendor A B DB T92 HBM
(General (General (Highway (Planning (Roads
Town Part Fund) /Zoning resurfcaing)
wide) Town) Escrows)
Camo 25.00
Camo 25.00
Camo 42.00
Central Hudson 38.22
Central Hudson 286.05
Federal Express 51.01
Home Depot 8.84
Home Depot 15.43
DC Sheriff July 13,769.10
Vanacore/Sedore 2,540.00
James Baisley 975.00
MVP H/I Gold Prem 3,147.90
MVP H/I Premium 30,091.26 3,948.44 25,851.86
Pine Bush Equip 130.57
Vehicle Tracking 936.00
Sol
Vehicle Tracking 3,053.00
Sol
Graham Foster 137.40
Expanded Supply 1,242.00
Ruge's Parts 155.15
Center
Adam's Power 141.88
Equip
Sheafe Rd Elem 1,080.00
Village of Wapp 181.23
Falls
Celia Sigalow 140.00
Town of Wappinger Page 39 Printed 912712016
Regular Meeting Minutes September 12, 2016
Transla
Dutchess Metal 40.00
Hillman Signs 447.50
Justice Court Fund 23,912.75
Tilcon 355.39
Tilcon 1,404.06
Staples 49.16
Staples 11.79
Staples 112.54
Fishkill Plains 21.00
Garage
Donna Lenhart 200.36
Reimb
EM Star
Ambulance
Wells Fargo 272.43 272.42
Mackey Butts Wise 1,260.00
Mackey Butts Wise 17.50
Mackey Butts Wise 332.50
Mackey Butts Wise 1,470.00
Mackey Butts Wise 402.50
Durants Party 1,107.65
Rental
Chase Visa 7.56
Chase Visa 446.62
John Fenton 22.68
Allstate
Big Top Porta 110.00
Johns
Phil Dobrovich 21.78
Reimb
Cornerstone 818.43 39.03
phones
Morris Assoc
Morris Assoc 71.50
Morris Assoc 3,823.14 1,617.51 3,693.95 3,064.80
Morris Assoc 5,747.04 464.00 881.50
Morris Assoc
Amazon 16.21
Amazon 167.96
Auto Zone 407.53
Auto Zone 94.11
Auto Zone 33.28
Sweeper Parts 785.24
Jesco 216.20
Town of Wappinger Page 40 Printed 912712016
Regular Meeting Minutes September 12, 2016
Jesco 470.79
JK Power Equip 35.00
Herring Sanitation 275.00
Total $76,770.31 $21,269.16 $39,733.48 $4,017.80 $1,242.00
Vendor A HMR HWN T14 AM WU
(Gener (Water (Wapp (Allstate (Ambulac (Wapp
al Meter Water ) e Fund) United
Town Replacemen Main) Water)
wide) t)
Camo
Camo
Camo
Central Hudson
Central Hudson
Federal Express
Home Depot
Home Depot
DC Sheriff July
Vanacore/Sedore
James Baisley
MVP H/I Gold
Prem
MVP H/I Premium
Pine Bush Equip
Vehicle Tracking
Sol
Vehicle Tracking
Sol
Graham Foster
Expanded Supply
Ruge's Parts
Center
Adam's Power
Equip
Sheafe Rd Elem
Village of Wapp
Falls
Celia Sigalow
Transla
Dutchess Metal
Hillman Signs
Justice Court
Town of Wappinger Page 41 Printed 912712016
Regular Meeting Minutes September 12, 2016
Fund
Tilcon
Tilcon
Staples
Staples
Staples
Fishkill Plains
Garage
Donna Lenhart
Reimb
EM Star
Ambulance 32,916.00
Wells Fargo
Mackey Butts
Wise
Mackey Butts
Wise
Mackey Butts
Wise
Mackey Butts
Wise
Mackey Butts
Wise
Durants Party
Rental
Chase Visa
Chase Visa
John Fenton
Allstate
1,112.04
Big Top Porta
Johns
Phil Dobrovich
Reimb
Cornerstone
phones
Morris Assoc 1,786.20
1,852.20
Morris Assoc
Morris Assoc
1,829.96
Morris Assoc
Morris Assoc
1,725.90
Amazon
Amazon
Auto Zone
Town of Wappinger Page 42 Printed 912712016
Regular Meeting Minutes September 12, 2016
Auto Zone
Auto Zone
Sweeper Parts
Jesco
Jesco
JK Power Equip
Herring Sanitation
Total $1,786.20 $1,725.9 $1,112.0 $32,916.0 $3,682.1
0 4 0 6
Vendor SW SU Hold Town Board
(Wildwoo (Wapp
d Sewer) United
Sewer)
Camo 25.00
Camo 25.00
Camo 42.00
Central Hudson 38.22
Central Hudson 286.05
Federal Express 51.01
Home Depot 8.84
Home Depot 15.43
DC Sheriff July 13,769.10
Vanacore/Sedore 2,540.00
James Baisley 975.00
MVP H/I Gold Prem 3,147.90
MVP H/I Premium 59,891.56
Pine Bush Equip 130.57
Vehicle Tracking 936.00
Sol
Vehicle Tracking 3,053.00
Sol
Graham Foster 137.40
Expanded Supply 1,242.00
Ruge's Parts 155.15
Center
Adam's Power 141.88
Equip
Sheafe Rd Elem 1,080.00
Village of Wapp 181.23
Falls
Celia Sigalow 140.00
Town of Wappinger Page 43 Printed 912712016
Regular Meeting Minutes September 12, 2016
Transla
Dutchess Metal 40.00
Hillman Signs 447.50
Justice Court Fund 23,912.75
Tilcon 355.39
Tilcon 1,404.06
Staples 49.16
Staples 11.79
Staples 112.54
Fishkill Plains 21.00
Garage
Donna Lenhart 200.36
Reimb
EM Star 32,916.00
Ambulance
Wells Fargo 544.85
Mackey Butts Wise 1,260.00
Mackey Butts Wise 17.50
Mackey Butts Wise 332.50
Mackey Butts Wise 1,470.00
Mackey Butts Wise 402.50
Durants Party 1,107.65
Rental
Chase Visa 7.56
Chase Visa 446.62
John Fenton 22.68
Allstate 1,112.04
Big Top Porta 110.00
Johns
Phil Dobrovich 21.78
Reimb
Cornerstone 857.46
phones
Morris Assoc 3,638.40
Morris Assoc 71.50
Morris Assoc 58.00 2,377.44 16,464.80
Morris Assoc 5,966.89 13,059.43
Morris Assoc 1,725.90
Amazon 16.21
Amazon 167.96
Auto Zone 407.53
Auto Zone 94.11
Auto Zone 33.28
Sweeper Parts 785.24
Jesco 216.20
Town of Wappinger Page 44 Printed 912712016
Regular Meeting Minutes September 12, 2016
Jesco 470.79
JK Power Equip 35.00
Herring Sanitation 275.00
Total $58.00 $8,344.33 $155.15 $192,502.23
$192,657.38 $192,657.38
I,Joseph P. Paoloni,Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above
were audited by a majority of the Town Board at the public meeting September 12, 2016, and allowed
to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to
submit such claims to the Accounting Department for payment.
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-234
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale ...................Voter... Q.........,.... ..❑..... ❑........,... ..❑.......,
..... ..... .......
❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Seconder EJ...................0 ❑ ❑
Michael Kuzmicz Voter Q ❑ ❑ ❑
Dated: Wappingers Falls, New York
September 12, 2016
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2016-235
Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by
Town Board 2016 - 00
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: 2016-00
Vendor A B DB HBM
(General (General (Highway (Roads
Town Part Town) Fund) resurfcaing)
wide)
Camo
Camo
25.00
Camo
25.00
Town of Wappinger Page 45 Printed 912712016
Regular Meeting Minutes September 12, 2016
Camo
25.00
Central Hudson
97.25
Central Hudson
35.09
Central Hudson
254.96
Central Hudson
39.51
Central Hudson
3,462.38
Marshell & Sterliing
277.00
Marshell & Sterliing 40 000.00
7,937.70
Southern Dut News
50.00
Home Depot
44.55
Home Depot
35.04
Signal Graphics
78.67
Corbin Excavating 594.00
First Unum Life Ins 182.34
202.60 60.78
United Auto Supply 299.85
CSEA Opt/Dental 3,539.47
Wapp Cent School
1,696.77
Tilcon 947.70
Tilcon 146,817.45
Staples
33.65
Staples
50.53
HV Screen Printing
210.00
Fort Will Hotel &
Conf 736.50
Optimum
Cablevision 212.15
Town of Wappinger Page 46 Printed 912712016
Regular Meeting Minutes September 12, 2016
Wells Fargo
336.76
Oriental Trading
54.88
Aflac
Chase Visa Credit
326.19
Chase Visa Credit
86.29
Chase Visa Credit 292.05
Chase Visa Credit
27.58
Vincent Caputo
Settle 7,735.00
Blue Seal Grass 344.97
Seed
WB Mason
283.92
Verizon Wireless
413.48 421.08
Don Kortrigh Tire 475.00
Auto Zone 103.29
Auto Zone 106.83
Hannaford
7.58
ITC Telephone
290.25
Avello Contracting 35,038.75
Avello Contracting 99,713.89
JK Power Equip 62.00
Kiniry Excavating
Total $23,310.86 $2,262.28 $46,947.50 $281,570.09
Vendor HMR T16 HWN
(Water Meter (Aflac) (Wapp
Replacement) Water
Main)
Camo
7,563.16
Camo
Town of Wappinger Page 47 Printed 912712016
Regular Meeting Minutes September 12, 2016
Camo
Camo
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Central Hudson
Marshell & Sterliing
Marshell & Sterliing
Southern Dut News
Home Depot
Home Depot
Signal Graphics
Corbin Excavating
First Unum Life Ins
United Auto Supply
CSEA Opt/Dental
Wapp Cent School
Tilcon
Tilcon
Staples
Staples
HV Screen Printing
Fort Will Hotel &
Conf
Optimum
Cablevision
Wells Fargo
Oriental Trading
Aflac
131.90
Chase Visa Credit
Chase Visa Credit
Chase Visa Credit
Chase Visa Credit
Vincent Caputo
Settle
Blue Seal Grass
Seed
WB Mason
Verizon Wireless
Don Kortrigh Tire
Auto Zone
Auto Zone
Town of Wappinger Page 48 Printed 912712016
Regular Meeting Minutes September 12, 2016
Hannaford
ITC Telephone
Avello Contracting
Avello Contracting
JK Power Equip
Kiniry Excavating
2,337.05
Total $7,563.16 $131.90 $2,337.05
$364,122.84
Vendor HMR Hold Town Board
(Water Meter
Replacement)
Camo 7,563.16
Camo 25.00
Camo 25.00
Camo 25.00
Central Hudson 97.25
Central Hudson 35.09
Central Hudson 254.96
Central Hudson 39.51
Central Hudson 3,462.38
Marshell & Sterliing 277.00
Marshell & Sterliing 47,937.70
Southern Dut News 50.00
Home Depot 44.55
Home Depot 35.04
Signal Graphics 78.67
Corbin Excavating 594.00
First Unum Life Ins 445.72
United Auto Supply 299.85
CSEA Opt/Dental 3,539.47
Wapp Cent School 1,696.77
Tilcon 947.70
Tilcon 146,817.45
Staples 33.65
Staples 50.53
HV Screen Printing 210.00
Fort Will Hotel & 736.50
Conf
Optimum 212.15
Cablevision
Town of Wappinger Page 49 Printed 912712016
Regular Meeting Minutes September 12, 2016
Wells Fargo 336.76
Oriental Trading 54.88
Aflac 131.90
Chase Visa Credit 326.19
Chase Visa Credit 86.29
Chase Visa Credit 292.05
Chase Visa Credit 27.58
Vincent Caputo 7,735.00
Settle
Blue Seal Grass 344.97
Seed
WB Mason 283.92
Verizon Wireless 834.56
Don Kortrigh Tire 475.00
Auto Zone 103.29
Auto Zone 106.83
Hannaford 7.58
ITC Telephone 290.25
Avello Contracting 35,038.75
Avello Contracting 99,713.89
JK Power Equip 62.00
Kiniry Excavating 2,337.05
Total $0.00 $364,122.84
$364,122.84
I,Joseph P. Paoloni,Town Clerk of the Town of Wappinger, hereby certify that the vouchers
listed above were audited by a majority of the Town Board at the public meeting September 12,
2016, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is
hereby authorized to submit such claims to the Accounting Department for payment.
Joseph P. Paoloni
The foregoing was put to a vote which resulted as follows:
✓Vote Record-Resolution RES-2016-235
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale ...................Voter.. Q........,.... ..❑ ❑........,...... ❑ ...
.. .. ....... ....... ... .... ......... ... .... ..... ...... ..
❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Seconder Q ❑ ❑ ❑
..
Michael Kuzmicz Voter Q ❑ ❑ ❑
Town of Wappinger Page 50 Printed 912712016
Regular Meeting Minutes September 12, 2016
Dated: Wappingers Falls, New York
September 12, 2016
The Resolution is hereby duly declared Adopted.
XI. Items for Special Consideration/New Business
1. Motion To: Surplus TwoTractors to Auction vesms Trade-in with a Sell Stop Reserve of
$10,500
Building and Ground director Steve Frazier sent out an email to the board last week about a
tractor they have discussed last fall. The email was not sent to the Town Clerk, so the details are
only from this accompanying video. He runs three full size tractors and he asked for permission
to trade or surplus 2 of those and purchase a modern tractor that would better suits their needs.
The two tractors are a 1978 Ford 445 and a 1981 Ford 2910. He received trade-in values of
$10,500 total for the two machines against the new one. He added that based on the results of
the surplus auction would do better and if the results were less than the existing $10,500 we
could decline the sale and go with the trade-in thereby eliminating the risk of the auction. He
added that the amount in his budget would cover the purchase of a new machine.
........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
2. Motion To: Surplus Dodge Stratus and Building Inspector Chevy Blazer with AAR Auction
Mr. Frazier explained that the old vehicles are still here and requested to surplus the Dodge
Stratus and Building Inspector Chevy Blazer with AAR Auction county auction with no reserve.
........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: John J. Fenton, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
3. Prepare the Town of Wappinger Annex for the Flood Plains
Councilman Beale asked Zoning Administrator Roberti to prepare the Town of Wappinger
Annex for the flood plains and work with the town supervisor the put a resolution together to
become eligible for federal funding for town mitigation funding projects with a resolution ready
to approve at the next meeting.
Town of Wappinger Page 51 Printed 912712016
Regular Meeting Minutes September 12, 2016
XII. Executive Session - Contract Negotiations
1. Motion To: Enter Executive Session
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ciccarelli, Councilman
SECONDER: John J. Fenton, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
2. Motion To: Return From Executive Session
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: John J. Fenton, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
XIII. Adjournment
Motion To: Wappinger Adjournment& Signature
The meeting adjourned at 9:43 PM.
Joseph P. Paoloni
Town Clerk
........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ...........
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: John J. Fenton, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Town of Wappinger Page 52 Printed 912712016
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5.1.a
TOWN OF WAPPINGER
TOWN JUSTICE TOWN JUSTICE
HEATHER L. KITCHEN CARL S.WOLFSON
JUSTICE COURT
20 MIDDLEBUSH ROAD
-- - ---------- WAP-PINGERS FALLS,NY 1-2590-032-4---
(845)297-6070
-2590-0324___(845)297-6070 —
(845)297-7739
FAX: (845)297-0145 5 [F� �f�:/
COURT HOURS: �r
August 7, 2016 Tuesday 5:30 P.M.
2nd and 4th Wednesdays 5:30 P.M.
1st and 3rd Thursdays 5:30 P.M. AUG 0 8 2016
Supervisor Jiava and Members of the Town Board TOWN OF WAPPINGER
Town Hall TOWN CLERK
20 Middlebush Rd.
Wappingers Falls,NY 12590 CL
Dear Supervisor Jiava and Members of the Town Board:
cm
The following cases were disposed of while I presided over the Justice Court during the month of cm
July 2016:
cmcoe
207 Vehicle & Traffic law matters resulting in$18,453.00 collected in fines and fees. Uj
27 Penal Law matters resulting in$860.00 collected in fines and fees. cm
18 Civil matters resulting in$206.00 collected in fees.
16 Termination of Suspension matters resulting in$1,190.00 collected in fees.
2 Executive Law matters resulting in$100.00 collected in fees.
1 Tax Law matter resulting in$0.00 collected in fines. cm
..
1 Bail Forfeit matter resulting in $100.00 collected in fines.
1 Town Ordinance matter resulting in$0.00 collected in fines.
1 Bail Poundage matter resulting in$375.00 collected in fines.
4 NYRCC matters resulting in$450.00 collected in fines.
I have forwarded a check in the amount of$21,734.00 to the Town of Wappinger on
August 6,2016. Additionally I am holding$24,300.00 in pending bail.
Respectfully subs. rte
Heather L. t e
Town Justice
cc: Joseph Paoloni, Town Clerk
Packet Pg. 54
Building Inspector Report- Susan Dao and Sal Morello
BUILDING DEPARTMENT REPORT
Date: Augustrl, 2016
Update since MAY 31, 2016
I
jLa 166 611/16 to StI1316
Total Building ermits applic tiCens re eive
(Well test and Occupational 1203"s.are processed
as pann to only and are not given applicationrrrumber
Total Building Permits issued: 498
Total(Co,CC, I'sissued- , 132 27
I
Total CC Searches received: 141 23 �
Total Expired Permits' r 1-1-1969 to s.31-zolls. 110
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Total.C 's issued. 14 �
Total Expired Permits QTR's issued- s6:; 3
Total complaints received and found" 24 ,
CD
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Building Dept"recleves 8.processesap0cations forfir.eA20ning,however Fir'&Zoning issues thepermits.
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Excel sets with details iare,_availble of the following:
Building Permits applications received �.
Building:Permits issued,
JCO,. C$CNI',%)issued
Expired Permits from 5-1-2016 to -1-2919
CC Searches receives.
Break down of numbers by inspector and types of building permits available if required
_ cs
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RE��� "
AUG 09 2016
TOWN OF WAppt,,z-
TOWN CLERK
Packet Pg. 55
5.1.a
TOWN OF WAPPINGER
(6 -- o - i2-- ��
TOWN JUSTICE • TOWN JUSTICE
S
HEATHER L.KITCHEN �, CARL S.WOLFSON
i
JUSTICE COURT
20 MIDDLEBUSH ROAD
_WAPPINGERS_FALLS,_NY 12590-0324
(845)297-6070 • (845)297-01.45 -- -
FAX:(845)297-0145
COURT HOURS:
August 10, 2016 Tuesday 5:30 P.M.
2nd and 4th Wednesdays 5:30 P.M.
ist and 3rd Thursdays 5:30 RM.
Supervisor Jiava and Members of the Town Board
Town of Wappinger Town Hall
20 Middlebush Road
Wappingers,NY 12590
CL
Re: Carl S. Wolfson, Town Justice Report for the month of June, 2016:
Dear Supervisor Jiava and Members of the Town Board;
cmcme
The following is a report of the cases disposed of during,the month of June, 2016;
cm
33 Penal Law matters resulting in$1,055.00 collected in fines and fees.
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370 Vehicle and Traffic Law matters resulting in$35,475.00 collected in fines and Uj
fees. cm
9 Civil matters resulting in$82.00 collected in fees.
6 Town Ordinance matters resulting in$25.00 collected in fines.
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1 ENCON Law matter resulting in no money collected.
33 Termination of Suspension fees resulting in $2,275.00 collected. cm
2 DNA fees collected in the amount of$100.00.
1 Bail forfeiture in the amount of$200.00
I have forwarded a check in the amount of$39,212.00 to the Town of Wappinger
Comptroller. Additionally,I am holding $38,342.50 in pending bail.
R f . sub m' to -, --.
'=Carl S. Wolfson,
Town Justice ILD-111
IE�n�J/7 E 10
cc: Joseph Paoloni, Town Clerk 1111
AUG 1.0 2016
TOWN OF WAPPINGER
TOWN CLERK. .
Packet Pg. 56
NO(°Njr -- � � � 5.1.a
Lam'
Planning Board & Zoning Board of Appeals Bea ®�unti
MONTHLY REPORT
DATE: August 12, 2016
FOR THE MONTH OF July, 2016
Month Total Year-to-date
ZONING BOARD FEES COLLECTED
Zoning Board Variance Applications $ 250.00 $ 4,000.00
Zoning Board Use Applications $ -0- $ -0-
- - - --
Foils _ - $__=0- $ -0=
ZBA TOTAL: $ 250.00 $4,000.00
PLANNINB BOARD FEES COLLECTED
Planning Board Subdivision Applications $ -0- $ -0-
Planning Board Site Plans Applications $ 750.00 $22,450.50
Planning Special Use Permits $ -0-
Planning Board Conceptual Applications $ -0- $ -0-
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Planning Board Architectual Applications $ -0- $ -0-
Foils $ -0- $.....0-
Subdivision Regulations Books $ -0- $ -0-
PB TOTAL: $ 750.00 $22,450.50
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ZONING BOARD MONTHLY TOTAL $ 250.00 $ 4,000.00 W
PLANNING BOARD MONTHLY TOTAL $ 750.00 $ 3,528.00
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TOTAL: $1,000.00 $ 7,528.00
RECREATION FEES COLLECTED M� ��/ '^
TOTAL: $ -0= $ -0- v
PROJECTS BEFORE THE BOARD AUG 19 2016
Zoning Board of Appeals No. 16
Planning Board No. 29 TOWN OF WAPPIN6L:r
Month Total Year-to-dateTOWN CLERK
ROAD INSPECTION ESCROW RECEIVED
$ -0- $ -0-
TOTAL: $ -0- $ -0-
PROJECT ESCROW RECEIVED
July
TOTAL: $15,475.01 $54,475.01
cc: Town Board
Town Clerk
Packet Pg. 57
51a
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Or,
Lori Jiava,Supervisor , Joseph tnnesser
V .s Town of Wappinger Wappinger Greenway Chr.
20 Middlebush Rd. 8 Mohawk Dr.
Wappinger Falls, N.Y.,12S90 Wappinger Falls, N.Y. 12S90
., Au ust 21 2016
r Subject: 2017 Budget Request
CL
%m Dear Supervisor, �s
it Committee I am askin for bud et
As chairman of rhe Wappinger Greenway Tra o g g
�r7support for the upcoming year 2017. On behalf of the trail committee, I am requesting$500
5 , dollars to cover the cost of miscellaneous power tool service, hand tool purchase and safety,
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equipment upgrades.The town being the lead agency, I am also requesting at this time,that
w =the`town,provide,aline item.of�,$2250ito cover the annual stipend for both the trail warden
h< �
assistantCO
.
,.Thanks in advance for your sup'port.a i. if there are any concernsor questions please do not e
hesitate to contact me. "�
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Since
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ss Chr:
er eCM
ppi er Greenway Comm.
Tel .84 297-7026
Cc:Towni Board Members W_ -E cs
R.J. Holt Chr. Recreation Comm.
J. Paoloni Wappinger Town Clerk t
J. Fulton Recreation S
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AUG 19 201
r^�d�.�3'a^ PF s�.I.^
AWN OF WAPPINGE -
TOWN cLeRK
Packet Pg. 58
5.1.a
2--
TOWN
OF WAPPMGER
ZONING ADAIMSTRATOR SUPERVISOR
Barbara Roberti - Ext. 128 I Lori Jiava
PLANNING BOARD&ZONING
BOARD OF APPEALS SECRETARY •� TOWN BOARD
Bea Ogunti—Ext 122 - ft' William H.Beale
William Ciccarelli
John Fenton
ZONING DEPARTMENT---- Michael-Kuzmicz
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS,NY 12590
(Fax) 137-1 Ext.2
(845)297-0579
www.townofwappinger.us "
AUG 25 2016
To: Joseph Paoloni,Town-Clerk
' From: Barbara Roberti,Zoning Administrat, r
TOWN OF WAPPINGER
Re: Schedule of Performance& Maintenance Bonds for the month of TOWN CLERK CL
September 2016
August 24, 2016
cm
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PERFORMANCE BONDS
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SUBDIVISION(Sub.) SECURED
SITE PLANS (SP) BY AMOUNT CALL EXPIRES STATUS
'Hilltop Village-Toll Land`V Surety Bond"$462,457:00 No expiration date -reduction
#39B SBGG1368 accepted by TB cm
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 9/10/17 11/19/17 -accepted by TB
(Attalah&Joseph Nesheiwat) #775180S 2/25/08
-Bond in effect until
released by Town.
Ridges Subdivision Letter of Credit $403,567.20 4/1/17 6/30/17 -accepted by the TB
3/28/16.,Bond in
effect for two years.
1
Packet Pg. 59
• 5.1.a
MAINTENANCE BONDS
BRH Realty Subdivision L/C $ 18,960.00 9/24/2017 -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------- - --8/3-1/2017 -Accepted by TB'on
Two Year Maintenance Bond to 2017 920007134 9/29/15.
SITE PLAN RESTORATION BONDS
Calvary Chapel of the H.V. Cash Deposit $ 41,600.00 ****** -Accepted by TB on 12
February 24,2014.
Released upon
CL
Resolution Approval
w/signed maps
Dunkin Donuts Cash Deposit $17,000.00 ******* -Accepted by TB on cm
cm
April 11, 2016
Released upon
cm
Resolution Approval ch
w/signed maps W
cm
i e
Osborne Square Cash Deposit $2,000.00 * * ** Accepted by TB on
April 11,2016
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Released upon
Completion of
Dumpsters
U
Prestige Mini Cash Deposit $4,640.00 -Accepted by TB on
March 24,2014.
Released up6n.
Resolution Approval
w/signed maps
Cc: Planning Board Robert Gray
Town Board Vincent Bettina
Albert P. Roberts, Esq. File
y
2
Packet Pg. 60
5.1.a
STENGER ROBERTS c) o
DAVIS & LLP
1136 Route 9
Wappingers Falls;New York 12890
(845)293-2000
FAX(845)298-2842
wnvw.srddlaw.com
e-mail:inf6@,5rqglaw,.com
July 1, 2016—revised 8/25/16
Iter,netl,(N,'Stenger
Sedore Hudson Valley C.P.A.'s
Albert P.Roberts 2678 South Road, Suite L
Thomas R.Davis Poughkeepsie,New York 1260.1 ooj( �_:. ;--�
Attention: Ms. LidHannigan
n a
Stephen.E.Diamond"
Re Town of Wappinger AUG 2 6 2016
CL
Pending or Threatened Litigation
Joan F,Garrett" File No.: 12951.0060 TOWN OF WAPPINGER.
James P.Horan TOWN CLERK
Dear Ms. Hannigam
Ian C.Lindars
N
Marren H.Fairlie Pursuant to the letter request dated May 23,2016, from Lori A.hava,
cm
Fred Clarke Supervisor of the Town ofWappinger,the following,is the.status o '
material Pending or Threatened Litigation, Claims and Assessments
against the Town of Wappingers as known tothe best.of my knowledge
OF cau sEi. thrrough June 30, 20.16.
Scott L.Volkman
Karen Macldish FENDING OR.THREATENED LITIGATION
Jessica J.Glassxcluding Unasserted Claims and Assessments): cm
PARALEGALS
I hereby report that as of the date of this letter,to the best of any
Sandra A.Oakleyknowledge, the only material.Pending or Threatened Litigation matters in
Dawn M.Paino whick the Town of Wappinger is or may be named as a party are listed in
Dorothy A.Purtill. this letter below. With respect to Tort actions,please be,advised that there
Christine M.Schnittert are several claims pending against the Town which are being defended by
Rita M.Worthington the Town's insurarice carriers. I am unaware of the exact number,nature,
status or probability of success with respect.to any of these actions except
CLOSING COORDINATOR as noted below.
I' Maria L.Jones.
Please be further advised that the Town's Tax Certiorari proceedings are
presently handled by`Scott L.Volkman;]Esq.,who is "Of Counsel"with
'ALSO ADMIT.FED IN�FLEpAA
^ALSOADMiTTEDIN OS my firm, Mr. Volkman will be submitting:a separate opinion letter
'^ALSO.ADM?TED'IN NJ
Y
Packet Pg. 61
5.1.a
Page 2
July 1, 2016. —revised 8/25/16
Ms.Linda Hannigan
regarding the Town's financial exposure to presently pending or threatened.Tax
Certiorari litigation..
PETNY Deficiency
Since our last report,the status of this matter has not changed.The NYS Workers'
Compensation Board has still not.concluded the matter and therefore cannot determinc
and/or calculate the amount of funds available for distribution.As you will recall, it has
been determined that the Town of Wappinger over. paid and is,due a refund of
approximately$15,336.33. As such;it appears there is no further risk of liability for the
Town and we will continue to monitor the matter.
CL
AARON KELLNER
This matter involves a long standing request of Aaron Kellner to obtain a Building Permit
to reconstruct a home located on Easter Road. The home was damaged by a fare
cm
cm
approximately ten years ago. Easter.Road,is a private road,; it was never dedicated to the
Town. The lots on Easter Road were subdivided,in the 195 Qs.•The road was never:built to
cm
Town standards and was always privately maintained. Over the course of time,the road
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became in such disrepair that it was determined to be unsafe;the post office and school Ui
buses refused to travel on it.Kellner was advised as a condition of issuing the Building
cm
Permit that the.road had to be brought to Town standards. Kellner objected and requested
that the Town permitalternate means of access'via easements; etc.to other roads.The
Town refused. The matter was brought to the Zoning Board of Appeals which denied the
request. Kellner tiled an action.in Supreme Court,Dutchess County,for,among other cm
things,a money judgment in the amount of$67,625.53 as well as a declaratory judgment.
The matter was turned over to the Town's insurance carrier who defended the case in
Supreme Court on behalf of the Town but reserved its'rights not to pay. On December 3.;
2014,the Supreme Court granted the Town's Motion to Dismiss and the Plaintiff
appealed, At this time the Appeal has been fully submitted and we are waiting for a date
for oral,arguments. As of this date the Appellate Division has yet to set a date for oral
arguments.
BIBEAU CONSTRUCTION CO., INC.
Since our last report,the Bibeau Construction Co.,Inc. matter has largely been resolved.
NYC DEP lias authorized the release of funds. The matter is settled.
Packet Pg. 62
5.1.a
K
Page 3
.l<aaly 1,2416--revised 8/25116
Ms.Linda Hannigan
MlD-POINT PARD WASTEWATER TREATMENT PLANT(MPPWTM
Since our last report,ttie Town has caused the formation of the Mid Point Park Sewer
District,in anticipation of issuing serial bonds to pay for the required improvements to
the system. The formation of the District is subject to the approval of the State
Comptroller,Department of Audit and Control.The application has been submitted to the
State Comptroller and we are awaiting a review of the application. It is anticipated that
the District formation will be approved by Audit and Control and the Town will be.
permitted to issue the serial bonds and commence construction on the improvements.
CLAIMS OF VINCENT CAPUTO
CL
Since our,last report.the Town has submitted a;revised offer to Mr.Caputo and it is
anticipated thatthis.matter will be resolved shortly.
UNASSERTED CLAIMS AND ASSESSMENTS
CMCMe
"This letter includes matters that existed as of December 31, 2015,and, further,through
CM
June"30 2016.
CO
The undersigned knows of no other unasserted claims or assessments considered to beCM.
probable of assertion and/or if asserted,wouldhave a possibility of an unfavorable
material outcome. However, in the course of performing legal duties for the Town of
Wappinger with respect to a matter recognized to involve.an:unasserted possible claim or CM
assessment that may call for financial statement disclosure,and I have formed a
professional conclusion that the Town should disclose or consider disclosure concerning
such possible claim or assessment, as a:matter of professional responsibility to the Town
of Wappinger,I will.so advise the Town and will consult with the Town concerning the
question of such disclosure and the applicable requirements of Statement of Financial
Accounting Standards No. 5.
There are no other potential liabilities or loss contingencies that are required to be
disclosed or accrued in the financial statements, other:than the abovementioned matters.
There are no other potential liabilities or loss contingencies which in my professional
judgment are-required to be disclosed or.accrued in the financial statements. All
contingent liabilities set forth above are as of the date of this correspondence.
II
Packet Pg. 63
5.1.a
Page 4
July 1,201:6—revised 8125/16
Ms.LindaHannigan'
The scope of this letter includes litigation commenced against the Town to present,
except as noted above. To the best of the knowledge of the undersigned,there are no
actions that have been commenced against the Town, or threatened to be commenced
against the Town,nor are there any:actions pending which would subject the Town to any
monetary payment or financial loss; except as above stated.
OTIIER'MA.TTERS
The amount that the Town of W'appinger was indebted to mfr firm for services and
expenses as of December 31, 2015 was$45,858.00.
C
The undersigned:knows of no other unasserted claims or assessments considered to be
CL
probable.
Very truly yours,
Cm
STENGER,ROBERTS,DAVIS &DIAMOND,LLP` Cm
Cm
Xvl
.ALBERT P.ROBERTS
APR/soCm
Cm
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cc: Hon.Lori A. Java,Supervisor
Hon. Joseph;P:Paoloni,Town Clerk
Scott L.Volkman,Esq. Cm
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Packet Pg. 64
5.1.a
Joe Paoloni 20, t o
From: no-re ply@town ofwa p ping er.us
Sent: Tuesday,August 09, 2016 8:32 AM
To: Joe Paoloni
Cc: tbriccetti@aol.com
Subject: Form Submission:Vincent Bettina
�
Name:Theresa Briccetti AUG 0 8 2016
--Email:-tbriccetti@aol.com - - - - - __..___.—
Address: 15 Cindy Lane TOWN OF WAPPING =lz".
TOWN CLERK
Subject: Form Submission:Vincent Bettina
Message:
Recently there have been articles in the paper degrading the Town of Wappinger Highway Superintendent,Vincent
Bettina. As a longtime resident and taxpayer I wanted to tell you that I support Mr. Bettina's efforts.
Thirteen years ago the Town of Wappinger did a project taking water from the Atlas Wells in Quiet Acres to the Water
Tower on Cider Mill Loop,through Cindy Lane and Wildwood Road. This project went extremely over budget because
the engineer and the company,who bid for the work,did not take into account the rock ledge that Quiet Acres is built
on. This ledge is visible just by walking the neighborhood. This project was paid for with an increase in my water bill for CL
a pipe that would never deliver one drop of water to my home.
When the project was in process, I called the Wappingers Central School District to have my then first grade son's bus
stopmoved. This was not possible for the district since they had no formal records of the road being closed. The
company, nor the town,ever advised the school district. I had to have then Town Supervisor,Joe Ruggerio,get involved, cm
e
to have an executive order written in order allow my son a temporary safe bus stop.
When the project moved out of the Quiet Acres neighborhood, Cindy Lane was covered with a "temporary" road cm
e
surface. Wildwood also received that temporary surface. But a few years later Wildwood was re-paved: I called Mr. co
Grahame Foster's office to see when Cindy Lane would get re-paved. The answer I received was not only unacceptable
but it was also rude. Needless to say Cindy Lane did not get paved. cm
For 13 years we on Cindy Lane have been living with a "temporary"-road surface that turned to gravel several years ago.,
It is quite the job to have to rake the road surface out of the yard each spring and back onto the road. The rest of the
neighborhood has not been paved in almost 30 years.
When Mr. Bettina took office, I called and asked that he come to see the condition of Cindy Lane. Mr. Bettina met with
me and a few neighbors. He made no promises except that he would try his best. This alone was much more than we
ever gotten from Mr. Foster.
j When Mr. Foster was in office, I called to say that one of the plows took out my mailbox. His response was that the
mailbox is not his responsibility. (Yet I know that his department has replaced other mailboxes in town). Other Quiet
Acres residents called Mr. Foster to tell him the plows took chunks out of their curbs,yards, driveways, etc. only to get
the same response I did. I called Mr. Foster's office to request a street sweeper after a particularly nasty spring storm.
A friend on Deer Run called the same day. When the sweeper on Deer Run didn't do a good job, my friend called again.
Deer Run saw the street sweeper twice in one week but Cindy Lane and the rest of Quiet Acres never see a street
sweeper. If a street sweeper would have come through Cindy Lane, it would have removed the entire road surface..
I have been to board meetings and witnessed residents of Rockingham Farms complain their curbs were damaged by the
plows, again. Talking to that resident, he complained that he has to have the town replace the curbs almost yearly.
YEARLY!! And meanwhile I am living on a gravel road.
As a taxpayer, I am very happy that Mr. Bettina was elected into office. My"temporary" road is finally getting re-done
and ALL the residents (taxpayers) are being treated with respect. I found it very unfair that when Mr. Fosterwas in
office, my neighbors and I paid the same taxes as everyone else but could not get the same services and every.other
taxpayer in this town. Asa taxpayer I am finally seeing work being done for my tax dollars.
Packet Pg. 65
5.1.a
I can guarantee you there are other taxpayers who have stories to tell about the highway department. The proof would
be in the fact that Mr. Bettina won the election 2359 to 965 for the candidate who was supported unabashedly by the
highway employees.
It is my sincere hope that the entire Town of Wappinger Board supports Mr. Bettina's efforts in getting the work done
that should have been done years ago.
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1 0 ! f/! 009
Page 1
Speed Summary for diddell rd - Volume by Speed - All Days
Time Start;Time End!1 to 10111 to 20i21 to 30131 to 40 f 41 to 50 51 to 60161 to 70171 to 80181 to 90191 to 1001 Total Vehicles
i 12:00 AM 112:59 AM 0 10 0 0 0 0 10 10 10 10 10
;1:00 AM :1:59 AM <0i0 }0 0 0 0 s0 10 10 10 10
;2:00 AM 12:59 AM 10 i0 10 10 0 0 10 10 10 10 10
;3:00 AM }3:591'AM ;0 0 1,0 ,0 0 0 0 10_ 0 0 0 0
4:00 AM 4:59 AM 10 ;0 0 !0 0 0 i0 i0 0 0 =0
5:00AIVI
15:59 AM 13 18 304 0 0 =0 0 ;0 0 145i
16:00 AM 16:59 AM i0 19 P8 i4 10 1 0 ;0 0 ;0 1102
7:00 AM ;7:59 AM :0; i38" 202 I120 0 0 ,0 10 0 252
(8:OO AM 18:59 AM 1 ;64 1227 14 0 0 i1 10 0 0 1307
€9:OOAM 9:59AW j0.;>.. j86 .223 412 11 10-1— i0 10 10 0 1322
10:00 AM ;10:59 AM 0 68 ;249 4 10 10 10 0 321
:00 AM ;1159AM �1 ;11:'1 293 13 0, ;t0 i0 10 0 0 E41[8,
02:00 PM 112:59 PM 10 182 '1296 110 0 0 0 10 0 0 388
€1:00 PM ,1:59 PM 10 €71' F326 13 1 ;0 I0 j0 10 €0 411
2:00 PM 2:59 PM j0 165 1338 122 2 10 10 10 10 10 427
3 00 PM ;3:59 PM ;0 63 433 24 1 0 ;0 10 10 0 521
_,�—...T. ..__5__._ 1. 11 I
14.00 PM X4:59 PM 2 80 .456 E12 2 �0 10 ,0 1
0 01 552
;5:00 PM '5:59 PM ;0 i79 147631 10 0 40 10 0 i0 586
f6'0 PM 6:59 PM 12 71 1411 10 0 0 !"0 0 0 0 1494
17:00,PM 7:59 PM i0; 157: ;3107 }1;3ti : 0, 0, , . 0 O.;, 0 0 1377
18:00 PM 18:59 PM ;0 64 1245 8 10 0 10 10 r0 0 1317
'19:00 PM 19:59 PM (0 's0 -7770; ; 000, 10 0 ¢0
10:00 PM 10:59 PM i0 10 0 0 0 0 .0 0 0 0 t0 CL
1100 PM ;1159 PM t0` ;0. 0 . t0 '_30 10 10, i0 10 '. ' `0
;Total i 19 11016 14600 206 17 10 10 10 15840
�% 10 % 1,74% 78:8°l0 3.5% 0.1% ,,<004
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FAUG 3 1 2004
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SUPERVISOR OFFICE
04
SEP 0.7 2016
TOWN OF WAPPINGER
TOWN CLERK
Packet Pg. 67
loq J )
TOWN OF WAPPINGER
TOWN JUSTICE • TOWN JUSTICE
HEATHER L.KITCHEN '' CARL S.WOLFSON
JUSTICE COURT
20 MIDDLEBUSH ROAD
--- - WAPPINGERS FALLS, NY 12590-0324 _
(845)297-6070 • (845)297-0145
FAX:(845)297-0145
COURT HOURS:
September 7, 2016 Tuesday esd P.M.
h 2nd and 4th Wednesdays 5:30 P.M.
1st and 3rd Thursdays 5:30 P.M.
0
Supervisor Jiava and Members of the Town Board
Town Hall a
20 Middlebush Rd.
CL
Wappingers Falls,NY 12590
Dear Supervisor Jiava and Members of the Town Board:
cm
The following cases were disposed of while I presided over the Justice Court during the month of cm
August 2016:
cmN
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296 Vehicle&Traffic law matters resulting in$34,004.00 collected in fines and fees. LU
26 Penal Law matters resulting in$580.00 collected in fines and fees. cm
14 Civil matters resulting in$100.00 collected in fees.
20 Termination of Suspension matters.resulting in$1,995.00 collected in fees.
2 Executive Law matters resulting in$100.00 collected in fees.
cmI
I have forwarded a check in the amount of$36,779.00 to the Town of Wappinger on
September 2, 2016. Additionally I am holding $71,700.00 in pending bail.
Respectfully sub e
Heather L. ' en
'i Town Justice n
cc: Joseph Paoloni, Town Clerk LR1 v
SEP 072016
TOWN OF WAPPINGER
TOWN CLERK
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A Local Law entitled "Town of Wappinger Code Regulating the Administration and E
Enforcement of the New York State Uniform Code and Energy Code"
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BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
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Section -L• LEGISLATIVE INTENT
(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
International Existing Building Code, 2015 International Fire Code, 2015 International
Plumbing Code, 2015 International Mechanical Code, 2015 International Fuel Gas
Code, 2015 International Property Maintenance Code, and the 2016 Uniform Code
Supplement.
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(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
adopted the 2015 International Energy Conservation Code, 2013 ASHRAE 90.1 and the
2016 Energy Code Supplement. to
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(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 State
Regulations governing the implementation of the Uniform Code have changed in 0
several important respects.
(D) In order to effectively implement, the current provisions of the Uniform Code and the0
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
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shall be adopted in its place.
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Section -IL• REPEAL OF EXISTING CHAPTER 85
(A) The provisions of Chapter 85 of the Town Code which were created by Local Law 10 00
of 2006 are hereby repealed and will be superseded by a new Chapter 85 enacted
herein.
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(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.
F:\0)Chris\Local Laws\Local Law Filing\2016\Local Law 5\Draft Local Law 2016-08-03.docx
Last Saved: 9/2/2016 13:02
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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 0
follows: w
"CHAPTER 85
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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
Prevention and Building Code (the Uniform Code) 19 NYCRR § 1219.1 in the Town of
Wappinger as required by New York Executive Law § 381.
(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
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.
(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 o
Law § 382(2). z
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(E) This Chapter also confers upon the Code Enforcement Officer all authority granted to a
Town Building Inspector by Town Law § 138.
(F) This Chapter is adopted pursuant to §10 of the Municipal Home Rule Law.
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§85-2 DEFINITIONS.
(A) In this Chapter:
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(1) "Agricultural Building" shall mean a structure designed and constructed to
house farm implements, hay, grain,poultry, livestock or other horticultural co
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 00
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. U
(3) "Certificate of Occupancy" shall mean a certificate issued pursuant toIzi
subdivision §85-8 of this Chapter. E
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(4) "Change in Occupant Permit" shall mean a permit issued pursuant to §85- E
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(5) "Code Enforcement Officer" shall mean the Code Enforcement Officer
appointed pursuant to §85-3(A) of this Chapter.
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(6) "Code Enforcement Personnel" shall include the Code Enforcement
Officer, the Fire Inspector, Deputy Fire Inspectors and all Inspectors.
(7) "Demolition Permit" a Building Permit issued for the demolition of all or
a portion of a building.
(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.
(9) "Energy Code" shall mean the State Energy Conservation Construction
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Code, as currently in effect and as hereafter amended from time to time.
19 NYCRR Part 1240.
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(10) "Fire Inspector" shall mean the Fire Inspector appointed pursuant to §85-
3(C) of this Chapter.
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(11) "Inspector" shall mean an inspector appointed pursuant to §85-3(D) of
this Chapter.
(12) "Operating Permit" shall mean a permit issued pursuant to §85-11. The U
term "Operating Permit" shall also include an Operating Permit which is
renewed, amended or extended pursuant to any provision of this Chapter.
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(13) "Order to Remedy" shall mean an order issued by the Code Enforcement
Officer pursuant to §85-17(A) of this Chapter.
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(14) "Permit Holder" shall mean the Person to whom a Building Permit has
been issued. cm
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(15) "Person" shall include an individual, corporation, limited liability
company, partnership, limited partnership, business trust, estate, trust,
association, or any other legal or commercial entity of any kind or 00
description.
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(16) "Stop Work Order" shall mean an order issued pursuant to §85-7.
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(17) "Town" shall mean the Town of Wappinger.
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(18) "Town Board" shall mean the Town Board of the Town of Wappinger. j
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(19) "Uniform Code" shall mean the New York State Uniform Fire Prevention E
and Building Code pursuant to 19 NYCRR § 1219.1, as currently in effect
and as hereafter amended from time to time. 0
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(B) If a word is not defined in this section, it shall have the meaning defined in the Uniform
Code or Energy Code. 2
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§85-3 CODE ENFORCEMENT OFFICER, FIRE INSPECTOR AND INSPECTORS. S
(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
provisions of the Uniform Code, the Energy Code, this Chapter and other provisions of
the Town of Wappinger Code. Code Enforcement Officers shall be appointed by the
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.
(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
his or her appointment, exercise all powers and fulfill all duties conferred upon the
Code Enforcement Officer by this Chapter as permitted by NYS Executive Law and to
Title 19 of the New York Administrative Code. d
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(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 0
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
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 C4
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 co
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
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be in accordance with the applicable NY Civil Service Law. CD
(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, 0
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,
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including but not limited to 19 NYCRR Part 1208. Inspectors shall complete and
maintain a level of training appropriate to their specific duties.
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(1) Code Enforcement Officers appointed by the Town shall be certified and
maintain their status as Certified Code Enforcement Officers pursuant to
19 NYCRR Part 1208. 2
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(2) Code Enforcement Personnel whose duties include only the inspection of S
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.
(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,
specifications and construction documents submitted with such
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applications;
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(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 La
conditions as the Code Enforcement Officer may determine to be d
appropriate; z
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(3) to conduct construction inspections, inspections to be made prior to the
issuance of Certificates of Occupancy, and Operating Permits, fire safety 0
and property maintenance inspections, inspections incidental to the
investigation of complaints, and all other inspections required or permitted
under any provision of this Chapter; 0
(4) to issue Stop Work Orders pursuant to §85-7;
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(5) to review and investigate complaints;
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(6) to issue compliance orders pursuant to §85-17(A); Ui
(7) to maintain records required by law;
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(8) to collect fees as set by the Town Board of the Town;
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(9) to pursue administrative enforcement actions and proceedings;
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(10) to exercise all authority granted to a Town Building Inspector by Town
Law § 138 and other provisions of New York State Law; U
(11) to exercise all duties and powers conferred on the title by all otherIzi
Chapters of the Town of Wappinger Code; E
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(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; 0
(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 T
conditions not in compliance with the Uniform Code, the Energy Code or S
this Chapter; and
(14) to exercise all other powers and fulfill all other duties conferred upon the
Code Enforcement Officer by this local law.
(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
any building business, in the furnishing of labor, materials or appliances for the C4
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
building or structure owned by him or her.
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§85-4 APPLICABILITY. d
(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. 0
(B) All buildings, structures and premises owned by the Town of Wappinger, wherever
located, are subject to the provisions of this Chapter. 0
§85-5 BUILDING PERMITS.
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(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 Ca
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any building, structure, or any portion of a building or structure, or install any solid fuel
burning heating appliance, chimney or flue without first having obtained a Building
Permit from the Code Enforcement Officer.
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(B) Exemptions. No Building Permit shall be required for work in any of the following
categories: C4
(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 0
tool and storage sheds,playhouses or similar uses,provided the gross floor
area does not exceed 144 square feet(13.88 square meters);
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(2) installation of swings and other playground equipment associated with a E
one- or two-family dwelling or multiple single-family dwellings
(townhouses); 0
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(3) installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are T
installed entirely above ground; S
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(4) installation of fences which are not part of an enclosure surrounding a
swimming pool;
(5) construction of retaining walls unless such walls support a surcharge or
impound Class I, II or IIIA liquids;
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(6) construction of temporary motion picture, television and theater stage sets °
and scenery; CDCM
(7) installation of window awnings supported by an exterior wall of a one- or
two-family dwelling or multiple single-family dwellings (townhouses);
(8) installation of partitions or movable cases less than 5'-9" in height;
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(9) painting, wallpapering, tiling, carpeting, or other similar finish work;
(10) installation of listed portable electrical, plumbing, heating, ventilation or
cooling equipment or appliances;
(11) replacement of any equipment provided the replacement does not alter the
equipment's listing or render it inconsistent with the equipment's original
specifications; or
(12) repairs,provided that such repairs do not involve: CMCM
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(a) the removal or cutting away of a loadbearing wall, partition, orCD
portion thereof, or of any structural beam or load bearing CO
component; Uj
(b) the removal or change of any required means of egress, or the M
rearrangement of parts of a structure in a manner which affects 00
egress; W
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(c) the enlargement, alteration, replacement or relocation of any CM
building system; or
(d) the removal from service of all or part of a fire protection system
for any period of time.
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(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 E
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section, all construction work performed in the Town of Wappinger shall conform to E
the requirements of the Uniform Code or the Energy Code.
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(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
to be performed or an authorized agent of the owner. The application shall include such T
information as the Code Enforcement Officer deems sufficient to permit a r-
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:
(1) the tax map number and the street address of the premises where the work
is to be performed; ,
(2) the zoning district of the premises;
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(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.
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(4) a copy of the deed into the current owner of the property;
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(5) a brief description of the proposed work; d
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(6) the estimated cost of the proposed work;
(7) a statement of the proposed use(s) of all parts of the property as well as a U
statement of the proposed uses or the proposed occupancy classification(s)
for any affected building or structure;
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(8) evidence that all proposed water supply and wastewater systems shall
conform to the regulations of the New York State and Dutchess County
Departments of Health. CM
(9) copies of any driveway or work permits required for any work performed CM
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within a public right of way issued by the appropriate jurisdiction as coUi
required by Chapter 111 of the Town of Wappinger Code or the
regulations of New York State or the County of Dutchess as applicable;
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(10) copies of any other necessary permits, licenses, approvals or other
authorizations from any other agency having jurisdiction over the work to
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be performed;
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(11) where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and U
(12) at least 2 sets of construction documents (drawings and/or specifications)
which: E
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(a) define the scope of the proposed work; E
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(b) are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law; ra
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(c) indicate with sufficient clarity and detail the nature and extent of
the work proposed;
(d) substantiate that the proposed work will comply with the Uniform T
Code and the Energy Code; and E
(e) where applicable, include a site plan that shows any existing and
proposed buildings and structures on the site, the location of any
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.
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(13) a Certificate of Workers Compensation insurance (form C-105.2 or U-26.3
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
recent survey certified by a licensed surveyor is required in addition to the application
information required by subdivision (D) above. LO
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(1) Preliminary Plot Plan. The preliminary plot plan shall depict the
following:
(a) The boundaries of the property; U
(b) the topography of the property with elevation contours at two-foot _j,
intervals;
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(c) Lot line setback distances for any proposed structure, or addition;
(d) proposed elevations for the foundation slab (lowest floor) and first
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floor; CM
(e) Proposed grading and/or site disturbance; CM
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(f) Proposed methods of erosion and sediment control;
(g) Proposed elevations for the wastewater system components; 00
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(h) Setback distance from any proposed structure or addition to any
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wetland, stream or water body within 100 feet thereof,
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(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 0
or water body within 100 feet thereof or such other distance as may
be set forth by the Dutchess County Health Department in its 4)
design approval; and
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(k) Any other information concerning either existing or proposed E
conditions identified as necessary for the particular project as
determined by the Code Enforcement Officer. 0
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(2) Interim Plot Plan. After the construction of the foundation, an Interim
Plot Plan must be submitted to confirm that foundation has been
constructed in compliance with the proposed plot plan. The Code T
Enforcement Officer must approve the interim plot plan before further S
construction can proceed. The interim plot plan shall depict the following:
(a) Foundation location and elevations;
(b) Driveway location and grades;
(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
(d) Any other information concerning constructed conditions CM
identified as necessary by the Code Enforcement Officer.
(F) Construction documents. Construction documents will not be accepted as part of an
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 to
accepted as part of the application for a Building Permit shall be marked as accepted by z
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
the work site so as to be available for use by the Code Enforcement Personnel. 0
However, the return of a set of accepted construction documents to the applicant shall
not be construed as authorization to commence work, nor as an indication that a
Building Permit will be issued. Work shall not be commenced until and unless a
Building Permit is issued.
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(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
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application shall be signed by the owner of the property where the work is to be co
performed or an authorized agent of the owner. The application shall include such Ui_
information as the Code Enforcement Officer deems sufficient to permit a
determination by the Code Enforcement Officer that the intended demolition work 00
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
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documentation:
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(1) the tax map number and the street address of the premises where the work
is to be performed; U
(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. E
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(3) a copy of the deed into the current owner of the property; E
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(4) a survey, showing the subject property prior to demolition. The building(s) 0
to be demolished should be shaded. Ua
(5) a brief description of the proposed demolition work;
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(6) copies of any other necessary permits, licenses, approvals or other S
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
proposed buildings and structures on the site, the location of any
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.
(7) a Certificate of Workers Compensation insurance (form C-105.2 or U-26.3 CM
as applicable) covering demolition work at the subject site.
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(8) a pre-demolition asbestos survey of the structures by a licensed asbestos
contractor, as required by New York State Department of Labor
regulations, except for the following: to
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(a) a one and two family dwellings where the owner is conducting the
demolition work;
(b) agricultural buildings; U
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(c) buildings or structures for which original construction commenced
on or after January 1, 1974; or
(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. CM
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(9) Original letter from the public utility indicating that all gas and electric
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services to the building or structure to be demolished have been co
disconnected or have not been installed.
(10) Confirmation from the water and sewer system operator for the Town that00
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water and sewer services have been disconnected or have not been
installed.
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(11) Demolition work shall comply with the applicable provisions of the
Uniform Code.
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(H) Waiver. The Code Enforcement Officer may waive the submission of any plan, J
document or plat that is not necessary to comply with the Uniform Code. The Code
Enforcement Officer may not waive any filing fee.
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(I) Issuance of Building Permits. An application for a Building Permit shall be examined E
to ascertain whether the proposed work is in compliance with the applicable
requirements of the Uniform Code and Energy Code. The Code Enforcement Officer 0
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 T
requirements are set forth in the Uniform Code, or are contained within other laws, S
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
evidence of compliance with the intent of the Uniform Code. Nothing herein shall
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.
(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
as
determined by the Code Enforcement Officer.
(L) Building Permits to be displayed. Building permits shall be visibly displayed at the to
work site and shall remain visible until the authorized work has been completed. 6
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(M) Work to be in accordance with construction documents. All work shall be
performed in accordance with the construction documents which were submitted with
and accepted as part of the application for the Building Permit. The Building Permit 0
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
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 C4
change is issued.
(N) Duration of Permit. Building Permits shall become invalid unless the authorized work co
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 00
application by the Permit Holder, payment of the applicable fee, and approval of the
application by the Code Enforcement Officer.
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(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 U
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 E
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provisions of the Uniform Code and the Energy Code and all future work then proposed E
to be performed shall be in compliance with all applicable provisions of the Uniform
Code and the Energy Code. 0
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(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 E2
permit application, the Code Enforcement Officer is authorized to retain the services of T
such a professional consultant. The Code Enforcement Officer shall require the S
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.
(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.
§85-6 CONSTRUCTION INSPECTIONS. CM
(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
authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code
Enforcement Officer when any element of work described in subdivision (B) of this U)
section is ready for inspection. 6
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(B) Elements of work to be inspected. The following elements of the construction process
shall be inspected made, where applicable:
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(1) work site prior to the issuance of a Building Permit;
(2) footing and foundation; 0
(3) preparation for concrete slab;
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(4) framing;
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(5) building systems, including underground and rough-in; coUi
(6) fire resistant construction;
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(7) fire resistant penetrations;
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(8) solid fuel burning heating appliances, chimneys, flues or gas vents;
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(9) Energy Code compliance; and
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(10) a final inspection after all work authorized by the Building Permit has j
been completed.
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(C) Inspection results. After inspection, the work or a portion thereof shall be noted as E
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 0
any applicable provision of the Uniform Code or Energy Code shall remain exposed Ua
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
completed. T
(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.
§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
Order to halt: CM
(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,
without regard to whether such work is or is not work for which a
Building Permit is required, and without regard to whether a Building ,o
Permit has or has not been issued for such work, or z
3
(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 such
work is or is not work for which a Building Permit is required, and 0
without regard to whether a Building Permit has or has not been issued for
such work, or
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(3) any work for which a Building Permit is required which is being
performed without the required Building Permit, or under a Building
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Permit that has become invalid, has expired, or has been suspended or
revoked.
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(B) Content of Stop Work Orders. Stop Work Orders shall: Uj
(1) be in writing,
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(2) be dated and signed by the Code Enforcement Officer,
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(3) state the reason or reasons for issuance, and
(4) if applicable, state the conditions which must be satisfied before work will
be permitted to resume. 0
(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, E
14
Packet Pg. 82
9.1.a
if the owner is not the Permit Holder, on the Permit Holder) personally or by certified E
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, 0
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 E2
sentence shall not affect the efficacy of the Stop Work Order. T
(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
Stop Work Order.
(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
for or limitation of, the right and authority to pursue any other remedy or impose any CM
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
as
any time, whether prior to, at the time of, or after the issuance of a Stop Work Order.
§85-8 Certificates of Occupancy La
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(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
occupancy shall have been issued. 0
(B) Certificates of Occupancy required for Work or Change of Use. A Certificate of
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. CM
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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
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of Occupancy. co
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(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
00
Interim Plot Plan and Construction Documents.
(D) Issuance of Certificates of Occupancy. The Code Enforcement Officer shall issue a CM
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 U
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 E
15
Packet Pg. 83
9.1.a
shall inspect the building, structure or work prior to the issuance of a Certificate of E
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 0
be designated by or otherwise acceptable to the Code Enforcement Officer, at the Ua
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: E2
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(1) a written statement of structural observations and/or a final report of S
special inspections, and
(2) flood hazard certifications.
(E) Contents of Certificates of Occupancy. A Certificate of Occupancy shall contain the
following information:
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(1) the Building Permit number, if any;
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(2) the date of issuance of the Building Permit, if any;
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(3) the name, address and tax map number of the property;
(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 a
Occupancy is issued; z
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(5) the zoning district in which the structure is located;
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(6) the use and occupancy classification of the structure under the Uniform
Code and the Zoning Code;
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(7) a certification from the Zoning Administrator that the structure complies
with the Zoning Code;
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(8) the type of construction of the structure;
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(9) the assembly occupant load of the structure, if any; co
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(10) if an automatic sprinkler system is provided, a notation as to whether the
sprinkler system is required;
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(11) any special conditions imposed in connection with the issuance of the
Building Permit; and CM
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(12) the signature of the Code Enforcement Officer issuing the Certificate of
Occupancy and the date of issuance. 7@
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(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
E
16
Packet Pg. 84
9.1.a
Zoning Board of Appeals and any conditions attached to such approval shall be deemed E
to be conditions of the Certificate of Occupancy even if they are not noted.
0
(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
property use. T
(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,
lawn seeding or blacktop driveway apron and improvements are non-
safety-related.
(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
weather conditions do not permit the proper planting of vegetation. All CM
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
"landscaping" shall mean lawn seeding and installation of plantings.
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(3) In those cases where a certificate of occupancy has been issued pursuant to d
(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
occupancy will be conditioned on all of the following: 0
(a) The property owner, contractor or developer seeking the certificate
of occupancy must post a cash or certified check deposit with the 0
Town of Wappinger to be held in escrow, in an amount equal to
200% of the cost required to complete the improvements necessary
to obtain the certificate of occupancy. As used in this subsection, CM
the cost required to complete the improvements shall be the
amount as determined by the Superintendent of Highways and/or Cs
the Engineer to the Town. Ui
(b) The escrow account may only be established between the dates of
December 1 through April 1. All work required to obtain the 00
certificate of occupancy must be completed by June 1.
(c) The property owner, contractor or developer seeking the certificate CM
of occupancy must submit a written agreement between the
property owner, contractor or developer and the Town providing �
for such incomplete work to be completed no later than June 1
following the issuance of the certificate of occupancy. If the 0
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. 85
9.1.a
complete the work and authorize payment to the third-party E
contractor from the escrow funds deposited to guarantee that said
work would be completed in a timely fashion. The owner of the 0
property and/or the contract vendee must give written consent to Ua
permit any independent third-party contractor as well as the Code
Enforcement Personnel to enter upon the property for the purposes
of completing the required work and undertaking the necessary T
inspections. The owner and the contract vendee must further S
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
such independent third-party contractor.
(4) If a certificate of occupancy has been issued pursuant to this section and
the required improvements are not completed within the time frames
described above, the property owner shall be liable for civil penalties
imposed pursuant to § 85-14. CM
(H) Revocation or suspension of erroneous certificates. If the Code Enforcement Officer
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determines that a Certificate of Occupancy was issued in error because of incorrect,
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 to
be specified by the Code Enforcement Officer, the Code Enforcement Officer shall z
revoke or suspend such certificate.
(I) Fee. The fee specified in or determined in accordance with the provisions set forth in U
§85-18 must be paid at the time of submission of an application for a Certificate of
Occupancy.
§85-9 NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing firefighting services for a property within the Town
of Wappinger shall promptly notify the Code Enforcement Officer of any fire or explosion CM
involving any structural damage, fuel burning appliance, chimney or gas vent or open burning.
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§85-10 UNSAFE BUILDING AND STRUCTURESco Ui
(A) The Code Enforcement Officers or the Fire Inspector are hereby authorized to declare
any building or structure unsafe due to neglect, fire, catastrophe, weather-related 00
conditions, or acts of God and to further declare that such building or structure is unsafe
and unfit for human occupancy or habitation. CM
(B) In addition to the remedies and provisions set forth in this chapter, Code Enforcement
Officers or the Fire Inspector are authorized by the Town Board to enforce the
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provisions of Chapter 93 of the Town Code entitled"Unsafe Buildings." 0
18
Packet Pg. 86
9.1.a
(C) Upon a determination that a building is unsafe, the Code Enforcement Officer or the E
Fire Inspector shall post the building or structure, and such posting shall prohibit use,
habitation or occupancy by the general public. 0
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(D) The Code Enforcement Officer or the Fire Inspector shall notify the Town Board and
the property owner in accordance with the provisions of Chapter 93, Unsafe Buildings,
and otherwise follow the procedures set forth in Chapter 93. T
(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.
§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:
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(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
incorporated by reference in 19 NYCRR section 1225.1;
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(2) hazardous processes and activities, including but not limited to, d
commercial and industrial operations which produce combustible dust as a z
byproduct, fruit and crop ripening, and waste handling;
(3) use of pyrotechnic devices in assembly occupancies; 0
(4) buildings containing any assembly occupancies with an occupant load of
50 persons or more; 0
(5) amusement buildings;
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(6) auto detailing shops;
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(7) aviation facilitates; cMo
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(8) barber shops and beauty parlors;
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(9) buildings with automatic fire-extinguishing/suppression systems; e
(10) building with fire alarm & detection system; CM
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(11) buildings that store liquid or gas fueled equipment;
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(12) day care centers not regulated by OFPC 0
(13) dry cleaning operations;
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Packet Pg. 87
9.1.a
(14) gasoline stations; E
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(15) elevators; 0
(16) high-hazard occupancies (ICC Building Code Group H);
(17) high-piled storage; T
(18) institutional occupancies (ICC Building Code Group I);
(19) junkyards;
(20) LP-gas storage;
(21) lumber yards; as
(22) multiple residential occupancies (ICC Building Code Uses R-1, R-2, R-4);
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(23) multi-tenant office buildings;
(24) nail salons;
(25) private fire hydrants; to
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(26) private schools
(27) repair garages;
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(28) rooftop heliports;
(29) standpipe systems; 0
(30) storage of tires and tire byproducts;
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(31) temporary membrane structures and tents; and
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(32) woodworking plants co
(B) Operation Permits Required before Operation. Any person who proposes to
undertake any activity or to operate any type of building listed in this subdivision shall 00
be required to obtain an Operating Permit prior to commencing such activity or
operation.
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(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 U
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 E
20
Packet Pg. 88
9.1.a
Enforcement Officer determines that tests or reports are necessary to verify E
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 0
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 T
issuance of an Operating Permit. S
(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
Code Enforcement Officer may require a separate Operating Permit for each such
activity, or the Fire Inspector or Code Enforcement Officer may, in his or her
discretion, issue a single Operating Permit to apply to all such activities. ,
(F) Duration of Operating Permits. Operating permits shall have a duration of one year -
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
Enforcement Officer determines that any activity or building for which an Operating
Permit was issued does not comply with any applicable provision of the Uniform Code, to
such Operating Permit shall be revoked or suspended upon notice to the owner and/or z
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, 0
for an amended Operating Permit, or for reissue or renewal of an Operating Permit.
§85-12 FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS 0
(A) Inspections required. Fire safety and property maintenance inspections of buildings
and structures shall be performed by the Fire Inspector, Code Enforcement Officer or C4
an Inspector designated by the Code Enforcement Officer at the following intervals:
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(1) Fire safety and property maintenance inspections of buildings or structures
which contain any assembly occupancies with an occupant load of 50
persons or more shall be performed at least once every twelve (12)
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months.
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(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.
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(3) Fire safety and property maintenance inspections of all multiple dwellings 0
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. 89
9.1.a
paragraphs (1) or (2) of this subdivision, shall be performed at least once E
every thirty-six (36) months.
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(4) Agricultural buildings used directly and solely for agricultural purposes
are not subject to fire-safety inspection.
(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:
(1) the request of the owner of the property to be inspected or an authorized
agent of such owner;
as
(2) receipt by the Fire Inspector or Code Enforcement Officer of a written
statement alleging that conditions or activities failing to comply with the
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Uniform Code or Energy Code exist; or
as
(3) receipt by the Fire Inspector or Code Enforcement Officer of any other
information, reasonably believed by the Fire Inspector or Code
Enforcement Officer to be reliable, giving rise to reasonable cause to to
believe that conditions or activities failing to comply with the Uniform d
Code or Energy Code exist; z
3
(4) provided, however, that nothing in this subdivision shall be construed as
permitting an inspection under any circumstances under which a court 0
order or warrant permitting such inspection is required, unless such court
order or warrant shall have been obtained.
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(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
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State Office of Fire Prevention and Control ("OFPC") and the New York State Fire CM
Administrator under Executive Law section 156-e and Education Law section 807-b.
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Notwithstanding any other provision of this section to the contrary: s
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(1) the Fire Inspector or Code Enforcement Officer shall not perform fire
safety and property maintenance inspections of a building or structure
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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; CM
(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 0
maintenance inspections of such building or structure at least once every
twelve(12) months;
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Packet Pg. 90
9.1.a
(3) the Fire Inspector or Code Enforcement Officer shall not perform fire E
safety and property maintenance inspections of a multiple dwelling not
included in paragraphs (1) or (2) of subdivision (a) of this section if OFPC 0
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
(4) the Fire Inspector or Code Enforcement Officer shall not perform fire S
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
occupancy at intervals not exceeding the interval specified in paragraph
(3) of subdivision (a) of this section.]
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(D) Fee. The fee specified in or determined in accordance with the provisions set forth in
§85-18 must be paid prior to or at the time each inspection performed pursuant to this CM
section. This subdivision shall not apply to inspections performed by OFPC.
§85-13 CHANGE OF OCCUPANT IN NON-RESIDENTIAL BUILDING
(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, 6
the occupant or their agent prior to occupancy by the new occupant. The Change in
Occupant application shall include:
(1) the tax map number and the street address of the premises where the work 0
is to be performed;
(2) the full name and address of the owner and the applicant, if different, and 0
if a corporate entity, the name and address of the responsible officers.
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(3) a copy of the deed into the current owner of the property; CM
(4) the name of the new occupant; CM
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(5) a brief description of the proposed occupancy and use;
(6) the hours of operation; 00
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(7) a statement of whether or not the business is open to the public;
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to
(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 U
(10) copies of any necessary permits, licenses, approvals or other
authorizations required to conduct the business. E
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Packet Pg. 91
9.1.a
(B) Where there is no change in the type of use under the Uniform Code, and no work is E
being done for which a building permit is required, a Change of Occupant application
shall be submitted prior to occupancy. 0
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(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
be applied for in addition to the building permit. T
(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.
(E) 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 Change of
Occupant.
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§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
or regulation adopted for administration and enforcement of the Uniform Code or the
Energy Code. The process for responding to a complaint shall include such of the La
following steps as the Code Enforcement Officer or Fire Inspector may deem to be d
appropriate: z
3
(1) performing an inspection of the conditions and/or activities alleged to be
in violation, and documenting the results of such inspection; 0
(2) if a violation is found to exist, providing the owner of the affected
property and any other Person who may be responsible for the violation 0
with notice of the violation and opportunity to abate, correct or cure the
violation, or otherwise proceeding in the manner described in section 15
(Violations) of this Chapter; C4
(3) if appropriate issuing a Stop Work Order;
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(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,
preparing a final written report reflecting such abatement or correction, 00
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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, 0
including records of:
(1) all applications received, reviewed and approved or denied;
24
Packet Pg. 92
9.1.a
(2) all plans, specifications and construction documents approved; E
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(3) all Building Permits, Certificates of Occupancy, Stop Work Orders, and 0
Operating Permits issued;
(4) all inspections and tests performed;
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(5) all statements and reports issued; S
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(6) all complaints received;
(7) all investigations conducted;
(8) all other features and activities specified in or contemplated by sections 4
through 12, inclusive, of this Chapter, including; and
(9) all fees charged and collected.
C4
(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
appurtenances thereto, shall be retained for at least the minimum time period so
required by State law and regulation.
to
§85-16 PROGRAM REVIEW AND REPORTING Z
3
(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 U
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.
(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 C4
Uniform Code.
(C) The Code Enforcement Officer shall, upon request of the New York State Department co
of State, provide to the New York State Department of State, from the records and Ui_
related materials Town of Wappinger is required to maintain, excerpts, summaries,
tabulations, statistics and other information and accounts of the activities of Town of 00
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Wappinger in connection with administration and enforcement of the Uniform Code.
§85-17 VIOLATIONS
(A) Orders to Remedy
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(1) The Code Enforcement Officer or Fire Inspector is authorized to order in j
writing the remedying of any condition or activity found to exist in, on or
as
25
Packet Pg. 93
9.1.a
about any building, structure, or premises in violation of the Uniform E
Code, the Energy Code, or this local law. An Order to Remedy shall:
0
(a) be in writing; r-
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(b) be dated and signed by the Code Enforcement Officer;
(c) specify the condition or activity that violates the Uniform Code,
the Energy Code, or this Chapter; T
(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
similar to the following:
(i) "The person or entity served with this Order to
Remedy must completely remedy each violation
described in this Order to Remedy by
[specify date], which is thirty (30) days after the
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date of this Order to Remedy."
(2) The Order to Remedy may include provisions ordering the person or entity ams
served with such Order to Remedy:
(a) to begin to remedy the violations described in the Order to Remedy La
immediately, or within some other specified period of time which 6
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
thirty (30) days of the date of such Order to Remedy; and/or 0
(b) to take such other protective actions (such as vacating the building
or barricading the area where the violations exist) which are 0
authorized by this local law or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Code
Enforcement Officer may deem appropriate, during the period CM
while such violations are being remedied.
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(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)
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days after the date of the Order to Remedy. 00CD
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(4) The Code Enforcement Officer or Fire Inspector shall be permitted, but CM
not required, to cause the Order to Remedy, 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 being performed at the affected property personally or by 0
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. 94
9.1.a
mentioned in this sentence shall not affect the efficacy of the Compliance E
Order.
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(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 E2
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
violation of this Chapter or of Article 18 of the New York State Executive
Law.
(2) Penalty. A violation of any provision of this Chapter shall be deemed an
offense punishable by:
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(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
Code or a period of imprisonment not to exceed 15 days for a
second offense, committed within 5 years of a conviction under to
this chapter; z
(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, U
committed within 5 years of prior convictions under this chapter.
(3) Each day's violation shall be deemed a separate offense.
(C) Civil Penalties. Every person violating any provision of this Chapter shall be subject
to a civil penalty: CM
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(1) For the first offense— a civil penalty in a minimum amount of$100.00 and
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 amount00
of$500.00 and a maximum amount of$5,000.00; and
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(3) Each day's violation shall be deemed a separate offense.
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(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 U
competent jurisdiction.
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(D) Injunctive Relief. An action or proceeding may be instituted in the name of Town of E
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 0
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
Chapter. In particular, but not by way of limitation, where the construction or use of a T
building or structure is in violation of any provision of the Uniform Code, the Energy S
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
other court having the requisite jurisdiction, to obtain an order directing the removal of
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.
(E) Remedies Not Exclusive. CM
(1) No remedy or penalty specified in this section shall be the exclusive
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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 to
or penalties specified in this section, in §85-7 Stop Work Orders, in any z
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 U
penalty specified in this section, in §85-7 Stop Work Orders, in any other
section of this Chapter, or in any other applicable law.
(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 CM
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
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whether prior to, simultaneously with, or after the pursuit of any penalty co
specified in subdivision (2) of section 382 of the Executive Law.
§85-18 FEES 00
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The fees payable under this Chapter shall be governed by the schedule set forth in Charter 122,
Article IV, § 122-16, of the Code of the Town of Wappinger as it may be amended from time to CM
time.
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§85-19 APPEALS AND VARIANCES.
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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 E
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9.1.a
440 of Title 19 of the New York Code of Rules and Regulations. Whenever it is claimed that the E
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 0
person affected may appeal from the decision of the Code Enforcement Officer to the Regional Ua
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 E2
Board of Review. T
§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
of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other
applicable law.
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§85-21 FIRE PREVENTION BUREAU
(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.
(B) The Bureau shall consist of eight members: two members from each of the fire districts 0
in the Town of Wappinger plus a Code Enforcement Officer, or his designee, and the to
Town Fire Inspector, or his designee. The members from each of the fire districts shall z
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 U
the balance of the term.
(C) Duties and Powers of Bureau of Fire Prevention.
(1) The Planning Board, the Zoning Board and Code Enforcement Officers
may refer land use applications in the Town of Wappinger referred to the C4
Bureau of Fire Prevention to make recommendations as to:
(a) The minimum acceptable width of roads used as access or egress
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for fire apparatus to apartments, commercial or general business ua
buildings or shopping area complexes;
(b) Hydrant locations in apartments, commercial or general business 00
buildings or shopping area complexes;
(c) Access to the hydrants and availability of fire lanes to and adjacent
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to apartments, commercial or general business buildings or
shopping area complexes; and
(d) Other aspects of the application related to fire safety. U
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(2) In consultation with the Town Board, require the inspection of all hydrants
installed within the Town of Wappinger,privately or publicly owned; E
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9.1.a
(3) In consultation with the Town Board, create a schedule of periodic testing E
for all hydrants within the Town.
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(D) All hydrants in the Town of Wappinger shall be maintained in an operable condition Ui
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
owners.
§85-22 LIABILITY.
(A) The Town of Wappinger assumes no responsibility or liability for the failure of any
Code Enforcement Officer to make any inspections otherwise required by this chapter.
(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
pursuant to the provisions of this chapter.
§85-23 INTERMUNICIPAL AGREEMENT.
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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
of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other to
applicable law. z
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§85-24 PARTIAL INVALIDITY
If any section of this Chapter shall be held unconstitutional, invalid, or ineffective, in whole or in 0
part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this
Chapter.
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§85-25 INTERPRETATION OF OTHER CONFLICTING CODE PROVISIONS
The provisions of this Chapter are intended to control with respect to issues governed by the C4
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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 co
Wappinger, the provisions of this Chapter shall govern.
§85-26 EFFECTIVE DATE
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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 U
follows
§ 240-108 Building permits.
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(A) Building Permits shall be issued in accordance with § 85-5 of the Town Code. E
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(B) General rule. No building or structure shall be erected, constructed, enlarged, 0
structurally altered or moved until a permit therefor has been issued by the Code Ua
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
erection, construction, enlargement, addition, alteration or moving thereof would be in T
violation of any of the provisions of this chapter. S
(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.
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:
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§ 240-109 Certificate of occupancy.
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(A) Certificates of Occupancy shall be issued in accordance with § 85-8 of the Town Code.
(B) General rule. It shall be unlawful for an owner to use or permit the use of any building
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or premises or part thereof hereafter created, erected, changed, converted or enlarged, d
wholly or partly, in its use or structure until a certificate of occupancy shall have been z
issued. �
(C) Continued conformity required. A certificate of occupancy shall be deemed to 0
authorize and is required for both initial, continued or changed occupancy and use of
the building or land to which it applies. It shall continue in effect as long as such
building and the use thereof or of such land is in full conformity with the provisions of 0
the Zoning Law and other requirements of the Town of Wappinger Code.
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(D) Existing structures. Upon written request from the owner and on payment to the Town CM
of the prescribed fee, in accordance with the current fee schedule as set forth in Chapter
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122 Article N § 122-16N of the Code the Zoning Administrator shall issue a CM
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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
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disposition of the building or premises conforms with the provisions of this chapter.
Section -VI: 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; 0
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
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9.1.a
such rearranging of the numbering and editing shall not effect the validity of this Local Law or E
the provisions of the Code effected thereby.
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Section -VII: Separability:
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any T
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not S
affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of
this local law or their application to other persons or circumstances. It is hereby declared to be the
legislative intent of the Town Board of the Town of Wappinger that this Local Law would have
been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection,
word or part had not been included therein, and if such person or circumstance to which the Local
Law or part thereof is held inapplicable had been specifically exempt therefrom. ,
Section -VIII:Effective Date:
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This Local Law shall become effective immediately upon filing with the Secretary of State
as provided by law Municipal Home Rule Law.
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9.2.a
LOCAL LAW NO. 6 OF THE YEAR 2016 as
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A Local Law entitled "Local Law No. 6 of the Year 2016, Amending Chapter 133 of the
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Town Code known as Flood Damage Prevention." 0
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section L• Title:
This Local Law shall be known and cited as Town of Wappinger, "Local Law No. 6 of
the Year 2016, Amending Chapter 133 of the Town Code known as Flood Damage Prevention." cc
Section IL• Legislative Intent:
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The purpose of this Local Law is to further amend the Flood Insurance Rate Map (FIRM) Z
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map panel numbers as required by the New York State Department of Environmental
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Conservation, Division of Water, Bureau of Flood Protection and Dam Safety to reflect recent
Letter of Map Revisions.
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Section III: Amendments to Chapter 133: "Flood Damage Prevention":
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Subdivisions (4) and (5) of Section 133-6 entitled "Basis for Establishing Areas of
Special Flood Hazard" is amended to read as follows: co
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"§ 133-6. Basis for Establishing Areas of Special Flood Hazard.
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(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.
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(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. @
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Section IV: Reconfirmation and Ratification: as
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Except as herein modified and amended, "Local Law No. 3 of the Year 2016, Amending
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Chapter 133 of the Town Code known as Flood Damage Prevention" is hereby otherwise ratified 0
and reconfirmed.
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Section V: 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;
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the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be z
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changed to "Chapter," "Section" or other appropriate word as required for codification; and any
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such rearranging of the numbering and editing shall not affect the validity of this Local Law or
the provisions of the Code effected thereby.
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Section VI: Separability:
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The provisions of this Local Law are separable and if any provision, clause, sentence,
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subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any CO
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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
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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
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would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence,
subsection, word or part had not been included therein, and if such person or circumstance to
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which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. 0
Section VII: Effective Date: a
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This Local Law shall become effective immediately upon filing with the Secretary of as
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State as provided by law Municipal Home Rule Law. C
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NOTICE OF PUBLIC HEARING
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NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess
County, New York, will meet in the Town Hall, in Wappingers Falls, New York, in said Town,
on October 11, 2016, at 7:30 o'clock P.M., Prevailing Time, for the purpose of conducting a
public hearing upon a certain map, plan and report, including an estimate of cost, in relation to
the proposed increase and improvement of the facilities of United Wappinger Sewer District, in as
said Town, being the District's share of the cost of the replacement and relining of sections of the 0
trunk sewer line and installation of access roads along the sewer line right of way to the Tri-
Municipal Sewage Treatment Plant for said Sewer District including appurtenances and
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incidental improvements and expenses in connection therewith, at a maximum estimated cost of
$217,104.00.
This project has been determined to be a Type II Action under the regulations E
promulgated under the State Environmental Quality Review Act ("SEQRA") and Chapter 117 of
the Code of the Town ("WEQRA") and SEQRA/WEQRA compliance materials, are available E
for inspection at the Office of the Town Clerk where they may be inspected during normal business
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hours. as
At said public hearing said Town Board will hear all persons interested in the subject
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matter thereof.
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Dated: Wappingers Falls,New York,
September 12, 2016. cme
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BY ORDER OF THE TOWN BOARD OF THE
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORKcm
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JOSEPH P. PAOLONI cm
Town Clerk
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