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2015-09-29
Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Tuesday, September 29, 2015 7:30 PM Town Hall Call to Order Attendee Name Barbara Gutzler William Ciccarelli William H. Beale Ismay Czarniecki Michael Kuzmicz Joseph P. Paoloni Grace Robinson Albert Roberts Bob Gray Salute to the Flag Organization Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Consultant Consultant Adoption of Agenda Title Supervisor Councilman Councilman Councilwoman Councilman Town Clerk Deputv Town Clerk 1. Motion To: Remove the discussion of Highway Status Present Present Present Absent Present Present Present Present Present Arrived 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM Supervisor Gutzler asked to remove the discussion of Highway from the agenda because the HiAwav Superintendent had a family emeraencv. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz ABSENT: Ismay Czarniecki 2. Motion To: Add items from the Recreation Director The Supervisor asked to add items from the Recreation Director. RESULT: ADOPTED [UNANIMOUS] MOVER: Barbara Gutzler, Supervisor SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz ABSENT: Ismay Czarniecki Town of Wappinger Page I Printed 1011612015 Regular Meeting Minutes September 29, 2015 3. Motion To: Adopt Amended Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz ABSENT: Ismay Czarnecki IV. Accept Minutes 1. Motion To: Minutes of August 10, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz ABSENT: Ismay Czarnecki 2. Motion To: Minutes of September 14, 2015 a RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz ABSENT: Ismay Czarnecki Correspondence Log RESOLUTION: 2015-199 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Lo - 2015-09-29 Number To From Date Date Rec" Ree A, emla Date 09-29-001 Tom Board Vhiceiit Betthia 9/10/2015 9/1112015 Bud etTraiisfer 9/29/2015 019-29-01012 Tom Board Vmceiit Bettii7a 9111120115 9111120115 Burt et Traiisfer 912912015 09.29-01013 Joseph P. Paolom Christiai7 Harkii7s 9/11120115 9/11120115 Lek of Taxies oil the 20115 Assessmeiit Roll 9/29/20115 09.29-01014 Supervisor Gutzler Robert J Gra 9/9/20115 9/14120115 Martz Field Pavilim 9/29/20115 019-29-995 Tom Board Vii7cut Bettii7a 9114/20115 9114/20115 Hiqhway himitor 9/29120115 99.29-996 Tom Board Graham Foster 1/13/2915 9/1412915 Update oil Hiqhway E ui meiit 9/29/2915 019-29-01017 Joseph P Paoloiii Barbara Roberti 911512915 9/16/20115 Performaiice & Mahitei mce Bods for Oct 2011 912912915 69.29-668 Tom Board Carl. S. Wolfsoi7 911712615 911812615 Tom Justice Re ort for Au ust 2615 912912615 019-29-01019 Tom Board Jessica FLIIt017 9/2112815 9/2112815 AmILIal Pum kii7 Ruiz at SChlathaLls Park 9/29/2815 019-29-919 Tom Board Jessica Fultoi7 9/21/2915 9/21/2915 Teei7 Daiice Clhiic 9/29/2915 69.29-611 Tom Board IJessica FLIIt017 912112615 912212615 Halloweei7 Trru7k or Treat 912912615 Town of Wappinger Page 2 Printed 1011612015 Regular Meeting Minutes September 29, 2015 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 -2015-199 Absent Q Adopted „Yes/Aye„ „No/Nay „Abstain„ ❑ Adopted as Amended Barbara Gutzler .. Voter .... Q ....... .. ..... ❑ ❑ .. ❑ ....... ... ❑ Defeated William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Tabled William H. Beale ..................... Voter... . ..... Q ......,...... ❑ ... ❑ ......,..... ❑ ... ❑ Withdrawn Ismay Czarnecki Voter 0. 0. o" Q Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 29, 2015 The Resolution is hereby duly declared Adopted. VI. Public Portion 1. Motion To: Open Public Portion Mary Schmalz asked why minutes any given set of minutes are not available before meetings. Minutes have traditionally been distributed and published on the website AFTER they've been accepted by the board. Mary pointed out that given that process one can't comment on those minutes at subsequent meetings since they will not be on that subsequent meeting's agenda. As a courtesy the Clerk's office has provided her a copy of the minutes before meetings even though they technically are not available for distribution; however the August 10th minutes could not be. Supervisor Gutzler said that meeting was extensive given the 7 pages of public discussion and they needed to be carefully scrutinized by the Clerk. She asked about resolution 206 and 212. The Supervisor explained what it was. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz ABSENT: Ismay Czarnecki 2. Motion To: Close Public Portion Town of Wappinger Page 3 Printed 1011612015 Regular Meeting Minutes September 29, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz ABSENT: Ismay Czarnecki VII. Discussions I. County Shared Services Forum/Opportunities Councilman Beale explained that the recent attended shared service forum by board members spoke of inter -municipal agreements, some beneficial and some not so beneficial. The moderator expressed the pros and cons with research showing that the paper study differed from reality. He added that the town does participate in shared services. He cited the Highway Superintendent's purchasing of Salt at $69 per ton in the summer versus the current price of $89, saving the town, $55,000 this year already. He also spoke of the shared patrol with the county police. He suggested looking at grant funding for shared services. Councilman Ciccarelli added that he felt that we should have been recognized for our shared assessor with Fishkill, and shared plowing duties between towns on inter -municipal roads. 2. Motion To: Halloween event Recreation Director asked for a resolution to move the Halloween event because Halloween falls on a Saturday. Memo follows: Town of Wappinger Page 4 Printed 1011612015 Regular Meeting Minutes September 29, 2015 NIE, PV10 TO: BARBARA, G'L,J'TLZER , TOWN'SUTPERVISO R WILLIAM BILUE, COINCILMEMBER WILLIANI CICCARE1,11"I., COUNCILMEMBER ISMAY CZ,,1UkN1ECK1, COUNCILMEMBER, MICHAEL, KUZMICZC01'NOLMENIBER FROM: JESSICA FUIXON, RECREATION DIRECI-'OR DATE, Septanber 21',, 2015 SUWECT: Halloween "Frunk or Treat Tbis year, the recreation dep<a,,rbn,,eat'41 be continuing ffie successful tradifion, of holdir �mnu,-,fl HAloween, 1"nink. or Tre-at.Origdin'-Idly' Idle evient, was slated, for Octol)er 2�,,r". Ralph th,e Recreation Cornn�imee qui d I have decilded t wot, are goi4g to move die date of ffic ev( Clctol')er 3 V so it coincides with ttic actuzd at of Halloween. Our event is in die ew,ly eaftel and wild dlow our residents to kick off ffieix R,-dloween fesb�,ities Wiffi, us over at Sclr adiaxus before`ig out T'rick, or Treating.'We would like to invite everyone from thel'oi�m Boar( CoMe on, o-ut to die w'k, decorafe dicir trunks, wid pass out auldy to ffie kids. It. is going to furl, even'L RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz ABSENT: Ismay Czarniecki 3. Motion To: Dance Recreation Director Jessica Fulton spoke of the teen dance clinic and introduced the name of Courtney Burke. Memo attached: Town of Wappinger Page 5 Printed 1011612015 Regular Meeting Minutes September 29, 2015 WILLIAM BEALE, NILNIEMER. I I I, . . RN1EC1KJ, CODIUN Il MEMBER MICHAEL AEIrl.", I.I Z,, COUNCILMEMBER 1 RONV. JESSICA FULTON, IE TIO DIRECTOR DATE: September 21, 20 15 In l')ri:l, the '` wno,,,wd appr v d the start of a teen d,-mce chnic to t the. Place twirling rogi-am. Initiaffly, thisrog.r urw s slated to run dming flue rnmer. The °earcl , 1 instructor mid a location to run floe r n took a little l ur ..r tfuan expected, bw the Pro crow ready ) run.. We hav , scheduled the prograin to bon O t b r "" t Wappingers . scliool and it will run, an h uar ,-wnd a lialfl' r seven weeks. I would like to request duet this approve ffic hiring of C<xirtney Burke r s our instructor at 1 11r.. our tr y is a r 6rq dmcer who has expelience Lea'c. lin dance: l -cally. I believe she 1 cri r g tic personality that we arcs l.00l :rr `lir Lo motiv;tem tl teens who register for our clivi intrz i vn"'u urt . yShe h -as a clear iisi" rr of what limn of program, w� are looking to sty . e ited t la u 6 i, tl rs ��� lir -u aa�� � I gum. She rund rsuulds dint tl�s pr - nun is about rnv nient. as j)p s l to, svi t technique- I tliink sly % l Flo a greatjob running tlie First s� dlis program argi l if it is successful, T've bops to coiWnueit. Into 2 1 ., I have explained to C urrtney th,,at, ifffie progrmai does riot, receive proper enrofitnent, t; will be cancelled, for thissc-ssion and l cr s mic s will .n t be needed, . o "' soy like ftle bo,ardU)) tuccc t die p1ro : osed fecsfor Lin's rr w pro r <arn 0 Residents $ l't 0, Non -Residents, $65 Councilman Beale asked how it was promoted. Director Fulton responded that it will be posted on the website, on Facebook, and at Schlathaus. She added that reciprocity with the school district during the week covers expenses; however custodial staff needs on weekends will incur town costs. Town of Wappinger Page 6 Printed 1011612015 Regular Meeting Minutes September 29, 2015 4. 5. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: William H. Beale, Councilman AYES: Gutzler, Ciccarelli, Beale, Czarniecki, Kuzmicz Pumpkin Run approve and waive fee mid hudson road runners Recreation Director Fulton spoke of the Annual Pumpkin Run on October 3rd. All the forms have been filed; however, she asked to waive the $150 fee and to approve the road closure. Councilman Beale said he had no problem waiving the fee and asked to amend the resolution. Vote to be taken under resolutions. Dutchess County Public Transit Amenities Program Supervisor Gutzler explained that should the town want Dial -A -Ride amenities, i.e. shelters, stop signs, or bike racks; then, the county can provide them at no cost; but, the town would have to maintain and insure them. She added that this agreement does not require the town to receive them. She said, the town will need to approve this agreement to maintain and insure these amenities and have the agreement in place should we ever need these amenities. She added, that if the town doesn't opt -in now, then the town can't ask for amenities for 5 years. Additionally, she added, that if the town does opt -in, then the town doesn't have any obligations. Councilman Kuzmicz asked about the opt -in window or the deadline to opt -in. He also asked if we were constrained to get the free amenities from the county versus another vendor. Al Roberts pointed out that it includes state roads. This was tabled till next agenda. VIII. Resolutions RESOLUTION: 2015-200 Resolution Authorizing Refund Of Benefit Assessments Paid By Property Owner Of 308 Myers Corners Road WHEREAS, pursuant to Legislation adopted by the New York State Legislator, the Town was authorized to consolidate a number of interconnected Water Districts and Water Improvements Areas; and WHEREAS, a routine review of the original maps identifying the boundaries of the consolidated Districts and Improvement Areas indicated that the property known as 308 Myers Corners Road was included in the District consolidation; and WHEREAS, it has been subsequently determined that the District did not extend to 308 Myers Corners Road; and WHEREAS, the owners of 308 Myers Corners Road received benefit assessments for the United Wappinger Water District; and WHEREAS, the Assessor confirmed that 308 Myers Corners Road should not have received the benefit assessment. 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 determines that 308 Myers Corners Road is not within the boundaries of United Wappinger Water District. Town of Wappinger Page 7 Printed 1011612015 Regular Meeting Minutes September 29, 2015 The Town Board directs a refund of any benefit assessments paid by the property owners of 308 Myers Corners Road as determined by the Town's Accountant in consultation with the Town's Tax Assessor. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-200 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter ..,.... Q .. ........ ❑ .. ........ ❑ .. .. ........... ❑ ❑ Defeated William Ciccarelli„ ...... Seconder ............ ..... Q ....... ...... ❑ ....... ❑ ❑ ❑ Tabled Will,H. Beale ................. Voter.....,....... .... Q ..... ❑ ......,...... ...... ❑ .... .... ❑ .. ...... . ❑ Withdrawn Ismay Czarniecki ..................... Voter ............. o ................ o ............. ❑ ................ Q Michael Kuzmicz Mover Q o o ❑ Dated: Wappingers Falls, New York September 29, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-201 Resolution Authorizing Refund Of Unused Escrow For Stonegate Site Plan (Account 14- 6041pp) WHEREAS, on or about June 17, 2013, Ahmed Shah as Member/Manager of SAZ, LLC (hereinafter the "Applicant") filed an application for Site Plan Approval under Application Number 14-6041PP; and WHEREAS, total escrow deposits in the amount of Three Thousand Seven Hundred Fifty 00/100 Dollars ($3,750.00) were received 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 a balance of Three Thousand Four Hundred Fifty Six 00/100 Dollars ($3,456.00) in escrow account number 14-6041PP 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 Ahmed Shah, in the amount of Three Thousand Four Hundred Fifty Six 00/100 Dollars ($3,456.00) from escrow account number 14- 6041PP, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-201 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter ..,.... Q .. ........ ❑ .. ........ ❑ .. .. ........... ❑ ❑ Defeated William Ciccarelli„ Voter Q ❑ ❑ ❑ ❑Tabled WillH. Beale .................... Seconder Q ❑ ........... ❑ ❑ .. ❑ Withdrawn Ismay Czarniecki Voter .............Q ❑ ❑ ❑ Town of Wappinger Page 8 Printed 1011612015 Regular Meeting Dated: Wappingers Falls, New York September 29, 2015 Minutes September 29, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-202 Resolution Awarding Bid For Drywall Repair At Carnwath WHEREAS, Steve Frazier, Town of Wappinger Supervisor of Buildings & Grounds solicited written quotes for drywall repair at Carnwath due to water damage pursuant to the Town's Procurement Policy; and WHEREAS, the following bid quotes were received: Company Total Lynch Carpentry $5,645.00 Frank Contelmo Drywall $5,425.00 WHEREAS, by email dated September 14, 2015 from Steve Frazier, it has been determined that the lowest responsible bid quote is from Frank Contelmo Drywall with a bid quote in the amount of $5,425.00. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town of Wappinger hereby awards the bid for the drywall repair to Frank Contelmo Drywall in the bid amount of $5,425.00. 3. The cost of the drywall repair is to be funded from the insurance settlement. The Town Board hereby authorizes the Supervisor of Buildings & Grounds and the Supervisor to prepare a voucher for payment to Frank Contelmo Drywall and further authorizes the Supervisor of Buildings & Grounds to notify Frank Contelmo Drywall to proceed with the work in accordance with the bid quote. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-202 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William Ciccarelli .. Mover ..Vote .......... Q ....... ......... ❑ ....... ...,.... ❑ ....... ..... ❑ ...... .. ❑Tabled 3'eal,.. William H. Beale Voter Q ❑ ❑ ❑ ❑ withdrawn Ismay Czarniecki Voter ❑ ❑ ❑ Q Michael Kuzmicz Seconder Q o o ❑ Dated: Wappingers Falls, New York September 29, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-203 Resolution Awarding Bid For Martz Field Paving Improvements Town of Wappinger Page 9 Printed 1011612015 Regular Meeting Minutes September 29, 2015 WHEREAS, Steve Frazier, Town of Wappinger Supervisor of Buildings & Grounds solicited written quotes for required paving at Martz Field pursuant to the Town's Procurement Policy; and WHEREAS, the following bid quotes were received: Company Total Blacktop Maintenance Corp. (BTM) $7,104.00 Avello Brothers Contractors, Inc. $3,850.00 WHEREAS, by email dated August 21, 2015 from Steve Frazier, it has been determined that the lowest responsible bid quote is from Avello Brothers Contractors, Inc. with a bid quote in the amount of $3,850.00. NOW, THEREFORE, BE IT RESOLVED, as follows: I. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town of Wappinger hereby awards the bid for the paving of Martz Field to Avello Brothers Contractors, Inc. in the bid amount of $3,850.00. 3. The cost of the paving is considered a complete replacement which qualifies as a capital improvement to be funded from the Parkland Trust Funds. The Town Board hereby authorizes the Supervisor of Buildings & Grounds and the Supervisor to prepare a voucher for payment to Avello Brothers Contractors, Inc. and further authorizes the Supervisor of Buildings & Grounds to notify Avello Brothers Contractors, Inc. to proceed with the work in accordance with the bid quote. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-203 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler .... . Voter Q ❑ ❑ ❑ ❑ Defeated William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Tabled William H. Beale ..................... .... .. Voter... . ..... .... ..... Q ......,...... ❑ ... ❑ ......,..... ❑ ... ❑ Withdrawn Ismay Czarniecki Voter 0. 0. 0. Q Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 29, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-204 Resolution Awarding Bid For Replacement Of Security Doors For The Martz Field Storage/Restroom Building WHEREAS, Steve Frazier, Town of Wappinger Supervisor of Buildings & Grounds solicited written quotes for the replacement of the security doors for the Martz Field Storage/Restroom Building pursuant to the Town's Procurement Policy; and WHEREAS, the following bid quotes were received: Company Total Dutchess Overhead Doors $3,672.00 The Torrington Overhead Door Co., Inc. $4,188.00 WHEREAS, by email dated September 14, 2015 from Steve Frazier, it has been determined that the lowest responsible bid quote is from Dutchess Overhead Door with a bid quote in the amount of $3,672.00. Town of Wappinger Page 10 Printed 1011612015 Regular Meeting Minutes September 29, 2015 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 of Wappinger hereby awards the bid for the replacement of the security doors for the Martz Field Storage/Restroom Building to Dutchess Overhead Doors in the bid amount of $3,672.00. 3. The cost of the replacement of the security doors meets the requirements of the Procurement Policy and funding is to be made from Parks Contingency (7110.0239). The Town Board hereby authorizes the Supervisor of Buildings & Grounds and the Supervisor to prepare a voucher for payment to Dutchess Overhead Doors and further authorizes the Supervisor of Buildings & Grounds to notify Dutchess Overhead Doors to proceed with the work in accordance with the bid quote. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-204 Yes/Aye Absent Q Adopted „ „No/Nay „Abstain„ ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated ,,' William Ciccarelli ................ Voter .................... Q ....... ❑ ....... .... ❑ ....... ..................... ❑ ❑ Tabled William H. Beale ..................... ''William Seconder, ..... Q ............. ❑ ... .... ❑ ............ ❑ ... ❑ Withdrawn Ismay Czarniecki Voter 0. 0. o" Q .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 29, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-205 Resolution Authorizing Release Of Performance Agreements Secured By Surety Bond And Letter Of Credit In Connection With The Nature Preserve WHEREAS, the Town Board had previously accepted a Performance Agreement dated September 23, 2008 secured by a Surety Bond issued by NGM Insurance Company in the sum of Twenty Thousand Dollars ($20,000.00), bearing Bond No. S-435493, in the favor of the Town of Wappinger, to secure the developer's obligations to guarantee the construction and installation of the Tennis Court and related improvements; and WHEREAS, the Town Board had further accepted a Performance Agreement dated September 15, 2014 secured by a Letter of Credit issued by First Niagara Bank in the sum of One Hundred Twenty Two Thousand Two Hundred Forty -Four Dollars ($122,244.00), bearing number 430212, in favor of the Town of Wappinger, to secure the developer's obligations to guarantee the construction and installation of the other site improvements required by the Resolution of Subdivision Approval; and WHEREAS, the Engineer to the Town, Robert J. Gray, P.E. of Morris Associates Engineering & Surveying Consultants, PLLC, by letter dated September 17, 2015, has inspected the tennis court and other site improvements and finds that they have been completed as required by the Resolution of Subdivision Approval; and Town of Wappinger Page 11 Printed 1011612015 Regular Meeting Minutes September 29, 2015 WHEREAS, since the tennis court and other site improvements are to be maintained by the Homeowner's Association and not dedicated to public use, there is no need for a Maintenance Bond. 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 acknowledges that the tennis court and other required public improvements has been inspected by the Engineer to the Town, Robert J. Gray, PE.., and that his inspection revealed that the tennis court and other site improvements were completed in accordance with the Resolution of Subdivision Approval, and that there were no deficiencies in the construction thereof, and recommends that the Performance Agreements together with their Surety Bond and Letter of Credit be released to the developer. 3. Town Clerk, Joseph P. Paoloni, is hereby authorized to return the Surety Bond issued by NGM Insurance Company in the sum of Twenty Thousand Dollars ($20,000.00), bearing Bond No. S-435493, in favor of the Town of Wappinger. Town Clerk, Joseph P. Paoloni, is hereby further authorized to return the Letter of Credit issued by First Niagara Bank in the sum of One Hundred Twenty Two Thousand Two Hundred Forty - Four Dollars ($122,244.00), bearing number 430212, in favor of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-205 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as AmendedVoter Barbara Gutzler Q ......... ❑ ..❑..... ❑ ❑ ❑ Defeated William Ciccarell.1................ .................. Voter.. ........ ..... .......Q.. .......................................... ❑ Tabled William H. Beale ................ ............ ... Mover. Q ......,...... ❑ ......,...... ❑ ......,..... ❑ ... ❑ Withdrawn Ismay 6arniecki Voter ❑ ❑ ❑ Q .. Michael Kuzmicz Seconder Q o o ❑ Dated: Wappingers Falls, New York September 29, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-206 Resolution Accepting Second Reduction In The Security Posted With The Performance Agreement Secured By A Surety Bond For The Hilltop Village (Regency At Wappinger) Project WHEREAS, Toll Brothers, Inc. (the "Applicant") on behalf of Contrail, LLC (the "Owner") had made application to the Town of Wappinger Planning Board for Site Development Plan and Wetlands Permit Approvals for construction of a 225 -unit (132 detached and 93 attached units) age -restricted residential development known as "Hilltop Village at Wappinger" (the "Project"); and WHEREAS, the Project includes a club house, recreational amenities, preservation of natural areas as permanent open space, reconstruction of an existing private road (identified as Road A) to be dedicated to the Town, dedication of 1.43 acres of land for future use by the Town, dedication of a 51.7 acre parcel adjacent to the existing Town Recreation Center on Robinson Lane for recreational use, construction of an off-site Town water system upgrade Town of Wappinger Page 12 Printed 1011612015 Regular Meeting Minutes September 29, 2015 identified as "Water Main Extension Loop from Meadowood Wells - All Angels Hill Road," a water and sewer buy -in fee of $243,000 as well as recreation fees in the amount of $1.25 million to be paid to the Town; and WHEREAS, the Town of Wappinger Planning Board granted Site Development Plan and Wetlands Permit Approvals by Resolution dated March 18, 2013, as well as Preliminary and Final Subdivision Plat Approvals by Resolution dated March 18, 2013, as shown on subdivision plans entitled "Hilltop Village at Wappinger, Town of Wappinger, Dutchess County, New York" prepared by Povall Engineering, PLLC, last revised on February 15, 2013; and WHEREAS, the Planning Board Resolution of Site Development Plan Approval allowed for implementation of the Project in sections subject to certain improvements being made and constructed as set forth on the aforementioned Site Development Plan and Wetlands Permit Approval and related contract drawings, and in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, Municipal Stormwater Management Law, and Rules and Regulations of the Town of Wappinger all as set forth in the plans and specifications recited in the aforementioned Resolution of Site Development Plan and Wetlands Permit Approvals and Preliminary and Final Subdivision Plat Approvals; and WHEREAS, Town Law §277 requires that the developer of a proposed subdivision guarantee the construction, installation, and dedication of the required public improvements by the Resolution of Subdivision Approval, prior to issuance of any building permits; and WHEREAS, Toll Land V Limited Partnership, the successor in interest to Toll Brothers, Inc. executed and posted a Performance Agreement Secured by a Surety Bond No. 39BSBGG1368 issued by Hartford Fire Insurance Company in favor of the Town of Wappinger in the principal sum of Two Million Three Hundred Twelve Thousand Two Hundred Seventy - Two Dollars ($2,312,272.00) , which was subsequently authorized to be reduced to the amount of One Million Three Hundred Sixty Six Thousand Four Hundred Forty -Six Dollars ($1,366,446.00) by Resolution No. 2014-266 adopted by the Town Board on October 27, 2014; and WHEREAS, Toll Brothers, Inc. has completed more of the required improvements; and WHEREAS, by letter dated September 17, 2015, Engineer to the Town, Robert J. Gray, P.E. of Morris Associates Engineering & Surveying Consultants, PLLC, a copy of which is affixed hereto, determined that the construction value of the work remaining to be completed was Four Hundred Sixty Two Thousand Four Hundred Fifty -Seven Dollars ($462,457.00), inclusive of administrative costs; and WHEREAS, the Town Board hereby agrees to and authorizes a reduction in the security posted with the Performance Agreement, and hereby agrees to accept a Surety Bond in the sum of Four Hundred Sixty Two Thousand Four Hundred Fifty -Seven Dollars ($462,457.00) as security to guarantee completion of the remaining work. 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 agrees to accept a Surety Bond in the amount of Four Hundred Sixty Two Thousand Four Hundred Fifty -Seven Dollars ($462,457.00), as the security posted with the Performance Agreement to insure that the improvements required for the Project will be properly completed as required by the Planning Board Resolutions of Approval dated March 18, 2013. 3. The Surety Bond previously posted in the amount of One Million Three Hundred Sixty Six Thousand Four Hundred Forty -Six Dollars ($1,366,446.00) is hereby authorized to be released by the Town Clerk upon delivery to him of the above referenced Surety Bond in form acceptable to the Attorney of the Town. Town of Wappinger Page 13 Printed 1011612015 Regular Meeting Minutes September 29, 2015 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-206 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑Defeated William Ciccarelli .......................... Voter Q ❑ ❑ ❑ ..............., ❑ Tabled William H. Beale ..................... Seconder ..... Q......,...... ❑ ... ❑ ......,..... ❑ ... ❑ Withdrawn Ismay Czarniecki Voter .... I....... ❑ .......I ❑ ....... ...... I....... ❑ Q ........ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 29, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-207 Resolution Accepting Maintenance Agreement Secured By Letter Of Credit For The Hudson Valley Cerebral Palsy Subdivision WHEREAS, by Resolution dated October 24, 2011, the Town Board accepted a Performance Agreement secured by a Letter of Credit in the amount of $41,600 to guarantee the construction, installation and dedication of off-site drainage improvements granted in connection with Subdivision Plat Approval to Hudson Valley Cerebral Palsy Association (HVCPA) on behalf of Masonic War Veterans of New York Post No. 53 (MWV); and WHEREAS, the HVCPA has completed all the work as required by the Resolution of Subdivision Approval; and WHEREAS, pursuant to Subdivision Regulations of the Town of Wappinger, HVCPA is required to guarantee that the quality and workmanship of any public improvements to be dedicated to the Town will be free from defects in materials and workmanship for a period of two years from the date of acceptance by the Town Board; and WHEREAS, since the requirement for a two year Maintenance Bond was adopted by the Town Board in calendar year 2013, after the adoption of the Resolution of Approval which was adopted in calendar year 2011, the Engineer to the Town and the Attorney to the Town have recommended that the Maintenance Bond be accepted for a period of one year since the improvements have been completed and in working order for over one year, with no deficiencies; and WHEREAS, to secure the obligations to guarantee the off-site drainage improvements, HVCPA has executed a Maintenance Agreement Secured by a Letter of Credit together with a Letter of Credit issued by TD Bank, N.A. in the principal sum of $6,933.20 issued in favor of the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger to accept the improvements made and constructed in connection with the above referenced subdivision and hereby accepts same upon delivery of the original Maintenance Agreement and Letter of Credit in the principal sum of $6,933.20 conditioned upon the review and approval of same by the Attorney to the Town. Town of Wappinger Page 14 Printed 1011612015 Regular Meeting Minutes September 29, 2015 3. The Town Board hereby authorizes the Town Clerk to release the original Performance Agreement secured by a Letter of Credit issued by TD Bank, N.A. bearing No. 20004849, upon the Town Clerk's receipt of the above referenced Maintenance Agreement secured by a Letter of Credit and the Letter of Credit in the principal sum of $6,933.20 in form acceptable to the Attorney to the Town. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-207 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler ..... .............. Voter ... ,............._.. Q ..... .. ❑ ,.... ..... ❑ ..... ❑ ..... ❑ Defeated William Ciccarelli ........... Seconder ..Vote ......... Q ....... ❑ ....... ........ ❑ ....... ..... ❑ ❑ Tabled ,William H. Beale ................ Voter .. Q ......,...... ❑ ......,...... ❑ ......,..... ❑ ... ❑ Withdrawn Ismay Czarniecki Voter ............. ❑ ............ ❑ .............. ❑ ............. Q Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 29, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-208 Resolution Accepting Maintenance Agreement Secured By Letter Of Credit For The Brh Realty Subdivision WHEREAS, by Resolution dated October 22, 2007, the Town Board accepted a Performance Agreement secured by a Letter of Credit in the amount of $94,800 to guarantee the construction, installation and dedication of the required public improvements granted in connection with the Final Subdivision Plat Approval to Phantom Hollow Equities, Inc.; and WHEREAS, the Phantom Hollow Equities, Inc. has completed all the work as required by the Final Resolution of Subdivision Approval; and WHEREAS, pursuant to Subdivision Regulations of the Town of Wappinger, Phantom Hollow Equities, Inc. is required to guarantee that the quality and workmanship of any public improvements to be dedicated to the Town will be free from defects in materials and workmanship for a period of two years from the date of acceptance by the Town Board; and WHEREAS, to secure the obligations to guarantee the required public improvements, Phantom Hollow Equities, Inc. has executed a Maintenance Agreement Secured by a Letter of Credit together with a Letter of Credit issued by M & T Bank in the principal sum of $18,960, issued in favor of the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger to accept the improvements made and constructed in connection with the above referenced subdivision and hereby accepts same upon delivery of the original Maintenance Agreement and Letter of Credit in the principal sum of $18,960 conditioned upon the review and approval of same by the Attorney to the Town, a copy of which is affixed hereto. The Town Board hereby authorizes the Town Clerk to release the original Performance Agreement secured by a Letter of Credit issued by M & T Bank bearing 4 SB -910912-2000, Town of Wappinger Page 15 Printed 1011612015 Regular Meeting Minutes September 29, 2015 upon the Town Clerk's receipt of the above referenced Maintenance Agreement secured by a Letter of Credit and the Letter of Credit in the principal sum of $18,960 in form acceptable to the Attorney to the Town. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-208 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter ....... Q .. ........ ❑ .. ........ ❑ .. .. ........... ❑ ❑ Defeated William Ciccarelli„ ...... Seconder ................. Q ....... ...... ❑ ....... ❑ ❑ ❑ Tabled Will,H. Beale ................. Voter............. .... Q ..... ❑ ......,...... ...... ❑ .... .... ❑ .. ...... . ❑ Withdrawn Ismay Czarniecki ..................... Voter ............. o ................ o ............. ❑ ................ Q Michael Kuzmicz Mover Q o o ❑ Dated: Wappingers Falls, New York September 29, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-209 Resolution Authorizing Town's Professionals To Undertake All Work Necessary To Make Capital Repairs To The Mid -Point Park Sewer Plant On An Expedited Basis WHEREAS, the Mid -Point Park Sewer Improvement Area (hereinafter "Mid -Point") was authorized by Resolution of the Town Board on June 10, 1974; and WHEREAS, Mid -Point was formed for the purposes of acquiring a sewer treatment plant, trunk lines, sewer laterals, pumping stations and associated facilities to serve the Mid - Point Park development, now known as Royal Ridge; and WHEREAS, the sewer plant was thereafter completed and constructed by the developer at no cost to the Town and was thereafter dedicated to the Town of Wappinger; and WHEREAS, the Town has continuously operated the sewer treatment plant; and WHEREAS, the New York State Department of Environmental Conservation (NYS DEC), by report dated March 2014, determined that there were exceedances of the permitted flow at the plant; and WHEREAS, negotiations ensued between NYS DEC and the Engineers to the Town to finalize a flow management plan to address infiltration and inflow (I & I), believed to be the source of the exceedances; and WHEREAS, an attorney for the NYS DEC has advised the Attorney to the Town, Albert P. Roberts, that NYS DEC intends to submit an Order on Consent (Consent Judgement) which will require the Town to undertake required repairs as soon as is practicable; and WHEREAS, the terms and conditions of the flow management report and schedule of construction has not been approved and decided upon by NYS DEC, however, it is anticipated that approvals will be forthcoming in the near future; and WHEREAS, the quarterly O & M charges for a typical residential user is $732 per year; and WHEREAS, the projected costs for the initial capital repairs are estimated to be $300,000; and WHEREAS, rules and regulations of the New York State Office of the Comptroller, Department of Audit and Control, requires Audit and Control approval whenever costs to a Town of Wappinger Page 16 Printed 1011612015 Regular Meeting Minutes September 29, 2015 typical homeowner exceeds $709 per year for sewer services, including O & M and capital assessments; and WHEREAS, since the current O & M charges to a typical homeowner exceeds $709 per year, Audit and Control approval will be required for the issuance of any serial bonds to pay for these improvements. 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. The Town Board acknowledges the importance of making the required capital improvements at the Mid -Point Park Sewer Plant on an expedited basis, and as quickly and expeditiously as possible, and hereby authorizes the Engineer to the Town, the Attorney to the Town and the Town's Bond Counsel to undertake all steps necessary for the Town to make any required capital repairs to the Mid -Point Sewer Plant, including, but not limited to, the preparation of a Map, Plan and Report, the simultaneous preparation of plans and specifications for the proposed work in anticipation of submitting same to competitive bidding, application to the NYS Comptroller's Office, Department of Audit and Control, negotiations with NYS DEC regarding the implementation of such improvements, causing the formation of another Improvement Area or, more preferably, the formation of a Sewer District serving the area previously served by the Mid - Point Sewer Plant, negotiating with NYS DEC as to the terms and conditions of any proposed Order on Consent (Consent Judgment) and such other legal, engineering and professional work as may be necessary to complete required repairs to the Mid -Point Park Sewer Plant as soon as circumstances allow and within the time frame mandated by NYS DEC. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-209 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑Defeated William Ceccarelli Voter Q ❑ ❑ ❑ ❑ Tabled William H. Beale ..................... Seconder ..... Q ......,...... ❑ ... ❑ ......,..',, .. ❑ ... ❑ Withdrawn • Ismay Czarniecki Voter 0. 0. o" Q ., Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 29, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-210 Resolution Awarding Bid To Connect Ten (10) Homes In The Chelsea Hamlet Area To United Wappinger Water District WHEREAS, on July 13, 2015, the Town Board authorized the Supervisor to execute Amendment No. 2 to the Agreement between the City of New York and the Town of Wappinger for construction of a water supply and distribution system; and WHEREAS, the aforementioned Amendment No. 2 required the Town to connect ten (10) parcels of property to the water supply and distribution system previously constructed by the Town pursuant to the original Agreement with the City of New York; and Town of Wappinger Page 17 Printed 1011612015 Regular Meeting Minutes September 29, 2015 WHEREAS, by separate Resolution, the Town Board authorized the Engineer to the Town, Morris Associates Engineering and Surveying Consultants, PLLC, to go out to bid for the connection of said homes to the water supply and distribution system; and WHEREAS, bids were duly solicited for the work to be done and the following bids were received on August 12, 2015 as follows: Contractor Base Bid Alternate Bid Stoneykill Contracting $239,100 $11,400 Thomas Gleason, Inc. $290,000 $ 7,875 TAM Enterprises, Inc. $125,000 WHEREAS, by email dated September 24, 2015 from Morris Associates Engineering and Surveying Consultants, PLLC (copy attached), it was determined that the lowest responsible bidder is TAM Enterprises, Inc., with a base bid in the amount of 5125,000; and WHEREAS, the Attorney to the Town was notified by email on September 24, 2015 that aforementioned Amendment No. 2 to the Agreement between the City of New York and the Town of Wappinger was registered on September 9, 2015, as required by Section 328 of the New York City Charter. 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 of Wappinger hereby awards the bid for the installation and interconnection of ten (10) homes to the United Wappinger Water District's central water supply to TAM Enterprises, Inc., with abase bid in the amount of 5125,000. In accordance with the authorized bid specifications, the Town Board hereby authorizes the Supervisor to execute the contract documents as prepared by Morris Associates, including the Notice of Award and Notice to Proceed and forward a copy to TAM Enterprises, Inc., after the Attorney to the Town has confirmed that TAM Enterprises, Inc., has duly executed the contract documents, has supplied the necessary Performance Bond, Payment Bond and provided insurance certificates all as otherwise specified by the bid specifications. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-210 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as AmendedBarbara Gutzler Voter .... Q ❑ ..❑ ..... ❑ ❑ ......... ❑ Defeated ..William Ciccarelli .................. .................. .. Mover ............... ...... Q.............. ....... ......... ....... .... ...... ❑................ ....... ................ ❑... ❑ Tabled William H. Beale ................. .... Voter............. . Q ..... ❑ ......,...... ❑ .... ❑ .. ❑ withdrawn Ismay Czarniecki Voter ❑ ❑❑ .......... Q Michael Kuzmicz Seconder Q ❑ ❑ ❑......... Dated: Wappingers Falls, New York September 29, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-211 Mid -Hudson Road Runners Use of Schlathaus Park WHEREAS, Mid -Hudson Road Runners Company annually schedules 5k run and a 1 mile kids run; and Town of Wappinger Page 18 Printed 1011612015 Regular Meeting Minutes September 29, 2015 WHEREAS, Mid -Hudson Road Runners Company, by letter dated September 24, 2015, has made a request to the Town Supervisor and Town Board to hold the aforementioned run at Schlathaus Park in the Town of Wappinger on October 3, 2015; and WHEREAS, Mid -Hudson Road Runners Company is responsible for the setting up and tearing down any required tables and chairs, the picking up and removal of any trash and debris and any other maintenance of Schlathaus Park so as to leave the grounds in the same condition that existed prior to the event; and WHEREAS, Mid -Hudson Road Runners Company will be required to provide a Certificate of Insurance naming the Town of Wappinger as a certificate holder under a general liability policy with said coverage to be in the minimum of $1,000,000 per occurrence. 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 Mid -Hudson Road Runners Company to use Schlathaus Park on October 3, 2015 for a 5k run and a 1 mile kids run, as described in a letter from Mid -Hudson Road Runners Company dated September 24, 2015, on the express condition that the Town of Wappinger is named as a certificate holder under Mid -Hudson Road Runners Company general liability policy with said coverage to be in the minimum of $1 000,000 per occurrence; said Certificate of Insurance to be in form acceptable to the Town's Insurance Consultant and Attorney to the Town. The $150 fee will be waived. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-211 Yes/Aye No/Nay Abstain Absent ❑ Adopted Q Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated W11ham Ciccarelli.. Seconder ........ Q ....... ...... ❑ ..... ❑ ....... ... ❑ ...... .. ❑Tabled William H. Beale ................. 11 Mover...,....... Q ..... ❑ ......,...... ❑ .... ❑ .. ❑ Withdrawn Ismay Czarniecki ..................... Vo11 t11 er ............. o ................ o ............. ❑ ................ Q Michael Kuzmicz Voter Q o o ❑ Dated: Wappingers Falls, New York September 29, 2015 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2015-212 Resolution Scheduling Town Board Meetings To Adopt Budgets For Fiscal Year 2016 WHEREAS, the Town Supervisor, as Budget Officer, pursuant to § 106 of the Town Law, has prepared the Tentative Budget for delivery the Town Board for review, examination and possible revision; and WHEREAS, said Tentative Budget will be submitted to the Town Clerk on September 30, 2015, as required by law; and WHEREAS, a Special Town Board meeting will be scheduled for Monday, October 5, Town of Wappinger Page 19 Printed 1011612015 Regular Meeting Minutes September 29, 2015 2015 at 7:30 p.m. for the purpose of having the Town Clerk deliver the Tentative Budget to the Town Board in accordance with Town Law § 106; and WHEREAS, New York State Town Law § 108 requires that the Town Board must hold a public hearing on the Preliminary Budget on or before the Thursday immediately following the general election in November; and WHEREAS, Town Law requires the adoption of a Final Budget on or before November 20, 2015; and WHEREAS, in order to accomplish the Budget Adoption Schedule set forth in Article 8 of the Town Law, the Town Board hereby establishes the following tentative schedule of Town Board Meetings set forth below, reserving unto itself the right to change the scheduled meetings if circumstances require. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby schedules the following meetings of the Town Board to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, commencing at 7:30 p.m. on the following dates for the purpose of examining, discussing, deliberating and adopting the Town Budget for calendar year 2016, reserving unto itself the right to change the scheduled meetings if circumstances require. Regular Town Board Meeting September 29, 2015 • Adopt Resolution Accepting Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2016 and Setting a Public Hearing on October 19, 2015 to Hear Any Objections Thereto; • Notice of Public Hearing must be published in Poughkeepsie Journal on October 8, 2015 and Southern Dutchess News on October 7, 2015 Special Town Board Meeting Monday, October 5, 2015 • Town Clerk to deliver Tentative Budget to the Town Board in accordance with Town Law § 106; Regular Town Board Meeting Tuesday, October 13, 2015 Budget Discussions Regarding the following departments: • Recreation, Parks and Senior Center • Code Enforcement • Highway/Buildings and Grounds; Special Town Board Meeting Thursday, October 15, 2015 Budget Discussions Regarding the following departments: • Supervisor and Town Board • Accounting • Justice Court • Tax Receiver • Assessor • Town Clerk • Animal Control • Water and Sewer Districts and Improvement Areas • Drainage Districts Town of Wappinger Page 20 Printed 1011612015 Regular Meeting • "Wrap Up"; Minutes September 29, 2015 Special Town Board Meeting Monday, October 19, 2015 • Open Public Hearing on Proposed Benefit Assessment Rolls for Special Improvements and Special Improvement Areas; • Resolution adopting Final Benefit Assessment Rolls for Special Improvements and Special Improvement Areas; • Adopt Resolution Setting Public Hearing for November 4, 2015 on the Proposed O&M Charges, and Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2016 and to Hear Any Objections Thereto; • Notices of Public Hearing to be published in Poughkeepsie Journal on October 26, 2015 and in the Southern Dutchess News October 28, 2015; Town Clerk to Post Notice on Town Notice Board. • Adopt Preliminary Budget for Fiscal Year 2016 and Schedule Public Hearing on Preliminary Budget for November 4, 2015; • Notices of Public Hearing to be published in Poughkeepsie Journal on October 26, 2015 and in the Southern Dutchess News October 28, 2015; Town Clerk to Post Notice on Town Notice Board. Special Town Board Meeting Wednesday, November 4, 2015 • Open Public Hearing for Budgets for Operation and Maintenance Charges, Water Rates and Sewer Rents for Special Improvement Districts and Special Improvement Areas; • (Note: If possible, the Notice of Public Hearing for the Special Improvement Districts and Improvement Areas could be sent with the Water and Sewer Quarterly Billings); • Adopt O&M Charges and Water/Sewer Rates and Rents for Special Improvement Districts/Improvement Areas for Fiscal Year 2016; • Open Public Hearing on Preliminary Town Budget; • Adopt Annual Budget for Fiscal Year 2016. BE IT FURTHER RESOLVED that the Town Clerk is hereby directed to provide notice to the public of the meetings established by this Resolution in accordance with Town Law, the Town of Wappinger Code and the Rules of Procedure of this Board. The Town Clerk is further directed to post this Resolution on the sign board maintained by the Town Clerk at Town Hall, as well as the post same on the Town's website. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-212 ❑ Adopted Yes/Aye No/Nay Abstain Absent Q Adopted as Amended Barbara Gutzier ........................ Voter, ..............Q ...................❑ ................ 0 ................... ❑ ......... Town of Wappinger Page 21 Printed 1011612015 Regular Meeting Minutes September 29, 2015 ❑ Defeated William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Tabled ....................... 'William H. Beale ................................................................................... Vooteter Q ❑ ❑ ❑ ❑ Withdrawn IsmayCzarniecki .....................Voter... ❑........,........❑.......,........❑........,.......Q..... Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 29, 2015 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2015-213 Resolution Accepting Proposed Benefit Assessment Rolls For Special Improvement Districts And Special Improvement Areas For Fiscal Year 2016 And Setting A Public Hearing To Hear Any Objections Thereto WHEREAS, the Town Assessor, on behalf of the Town Board, is required to create preliminary benefit assessment rolls for Special Improvement Districts and Improvement Areas within the Town of Wappinger each year pursuant to Town Law §202-a; and WHEREAS, the Town Board is required by Town Law §§ 202-a to hold a public hearing in accordance with the provisions of Town Law § 239 to consider any objections to the annual benefit assessment roll. 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 schedules a Public Hearing to be held at a Special Meeting of the Town Board on October 19, 2015 at 7:30 p.m. at Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the purposes of hearing and considering any objections which may be made to the benefit assessment rolls for the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger listed below for Fiscal Year 2016: SPECIAL IMPROVEMENT DISTRICTS United Wappinger Water District Fleetwood Manor Water District United Wappinger Sewer District Wildwood Sewer District Fleetwood Manor Sewer District The Regency at Wappinger Lighting District Keenan Acres Drainage District Blackwatch Farms Drainage District Meadowood Drainage District Shamrock Hills Drainage District Tuscany Subdivision Drainage District SPECIAL IMPROVEMENT AREAS: WST/TIA - Phases 1 & 2 WST/TIA - Phase 3A Sewer Improvement Area 95 Wappinger Sewer Improvement Area No. 1 Watch Hill Sewer Improvement Area Tall Trees Water Improvement Area Town of Wappinger Page 22 Printed 1011612015 Regular Meeting Minutes September 29, 2015 Watch Hill Water Improvement Area Mid -Point Park Sewer Improvement Area 4. The Town Clerk is directed to post a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less than ten (10) nor more than twenty (20) days prior to said public hearing date and to post the Notice of Public Hearing on the Message Board of the Town and on the Town's website. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-213 A (General Town wide) B (General Part Town) DB (Highway Fund) LC (Cameli Lighting) Camo Yes/Aye No/Nay Abstain Absent Q Adopted Camo Central Hudson ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William Cie carell i Voter Q ❑ ❑ ❑ ❑ Tabled William H. Beale .... .. Seconder ............. Q ❑ ❑ ❑ ❑ Withdrawn Ismay CzarnieckiVoter ..................... ❑ .......Q ...... ...... ❑ ....... ...... ❑ ................. ..... Q .... Platt's Michael Kuzmicz Mover... ❑ ❑ ❑ Dated: Wappingers Falls, New York September 29, 2015 The Resolution is hereby duly declared Adopted. IX. Town Board Review of Vouchers RESOLUTION: 2015-214 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board - UU 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: 2015-UU Vendor A (General Town wide) B (General Part Town) DB (Highway Fund) LC (Cameli Lighting) Camo Camo Camo Central Hudson 2,974.75 87.36 NYCOMCO 64.00 1,496.00 NYCOMCO 98.00 NYS Dept of Enviorn Platt's 1,090.00 Royal Carting 14,463.63 Town of Wappinger Page 23 Printed 1011612015 Regular Meeting Minutes September 29, 2015 Home Depot 117.77 Home Depot 9.46 Home Depot 41.25 Home Depot 328.56 Home Depot 61.15 Zep Sales 1,184.75 Sedore 2,540.00 Milton Alley 291.00 Corbin Excavating 1,188.00 Expanded Supply Arkel Motors 753.58 Thalle Ind Celia Sigalow- translate 140.00 Celia Sigalow- translate 140.00 Momma's Towing 85.00 Williams Lumber 59.70 Hyzer Tools 128.40 DC Truck Parts 145.34 Justice Court Fund 20,347.00 Tilcon 1,277.45 Staples 10.73 Staples 90.88 Staples 9.00 Reserve Acct 5,000.00 Postage Mirabito Energy Prod 851.89 Mirabito Energy Prod 1,216.12 David Varco 30.00 HHH Construction 2,514.56 Precise Town of Wappinger Page 24 Printed 1011612015 Regular Meeting Minutes September 29, 2015 Landscaping Wells Fargo 349.24 NY Labor Law Poster 67.25 Big Top Porta Johns 110.00 Don Kortright 205.00 Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless 457.40 623.58 ITC -Phones 290.25 Avello Brothers Delta Dental 1,381.94 292.75 Inter City Tire 954.16 Roberts IT 1,275.00 Consulting JK Power Equip 302.00 Rong Jie Wu 140.00 AMI Services 598.42 Totals $51,551.7 $3,957.05 $10,286.1 $87.36 5 6 Vendor LD (Chelsea LH T92 T33 Lighting) (Hughsonville (Planning & (Parklands Lighting) Zoning Trust) Escrows) Camo Camo Camo Central Hudson NYCOMCO NYCOMCO NYS Dept of Enviorn Platt's Royal Carting Home Depot Home Depot 935.24 2,629.16 Town of Wappinger Page 25 Printed 1011612015 Regular Meeting Minutes September 29, 2015 Home Depot Home Depot Home Depot Zep Sales Sedore Milton Alley Corbin Excavating Expanded Supply Arkel Motors Thalle Ind Celia Sigalow- translate Celia Sigalow- translate Momma's Towing Williams Lumber Hyzer Tools DC Truck Parts Justice Court Fund Tilcon Staples Staples Staples Reserve Acct Postage Mirabito Energy Prod Mirabito Energy Prod David Varco HHH Construction Precise Landscaping Wells Fargo NY Labor Law Poster Big Top Porta Johns Don Kortright Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless ITC -Phones Avello Brothers Delta Dental Inter City Tire Roberts IT Consulting JK Power Equip Rong Jie Wu AMI Services Totals 2,925.00 150.00 575.00 650.00 550.00 50.00 1,350.00 150.00 300.00 $935.24 $2,629.16 $3,775.00 $2,925.00 Town of Wappinger Page 26 Printed 1011612015 Regular Meeting Minutes September 29, 2015 Vendor HBM HWN HWF WF (Roads (Wapp Water (Filtration (Fleetwood Resurfacing) Main- Systems of Water NYCDEP) Hilltop & District) Atlas) Camo Camo 2,208.33 Camo 1,961.54 Central Hudson NYCOMCO NYCOMCO NYS Dept of Enviorn Platt's Royal Carting Home Depot Home Depot Home Depot Home Depot Home Depot Zep Sales Sedore Milton Alley Corbin Excavating Expanded Supply Arkel Motors Thalle Ind Celia Sigalow- translate Celia Sigalow- translate Momma's Towing Williams Lumber Hyzer Tools DC Truck Parts Justice Court Fund Tilcon Staples Staples Staples Reserve Acct Postage Mirabito Energy Prod Mirabito Energy Prod David Varco HHH Construction Precise Landscaping Wells Fargo NY Labor Law Poster Big Top Porta Johns Don Kortright Stormwater Stormwater 1,866.60 123,057.51 110.00 Town of Wappinger Page 27 Printed 1011612015 Regular Meeting Minutes September 29, 2015 Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless ITC -Phones Avello Brothers Delta Dental Inter City Tire Roberts IT Consulting JK Power Equip Rong Jie Wu AMI Services Totals Vendor Camo Camo Camo Central Hudson NYCOMCO NYCOMCO NYS Dept of Enviorn Platt's Royal Carting Home Depot Home Depot Home Depot Home Depot Home Depot Zep Sales Sedore Milton Alley Corbin Excavating Expanded Supply Arkel Motors Thalle Ind Celia Sigalow- translate Celia Sigalow- translate Momma's Towing Williams Lumber Hyzer Tools DC Truck Parts Justice Court Fund Tilcon Staples Staples 27,073.50 $151,997.61 $110.00 WH WT (Watchhill (Tall Trees Water Water District) District) 1,541.67 3,116.67 $1,961.54 $2,208.33 WU SF (United (Fleetwood Wapp. Water Sewer fund) Fund) 8,266.67 74,833.33 Town of Wappinger Page 28 Printed 1011612015 Regular Meeting Minutes September 29, 2015 Staples Reserve Acct Postage Mirabito Energy Prod Mirabito Energy Prod David Varco HHH Construction Precise Landscaping Wells Fargo NY Labor Law Poster Big Top Porta Johns Don Kortright Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless ITC -Phones Avello Brothers Delta Dental Inter City Tire Roberts IT Consulting JK Power Equip Rong Jie Wu AMI Services Totals $1,541.67 $3,116.67 $74,833.33 $8,266.67 Vendor SM (Mid Point Park Sewer fund) SW (Wildwoo d Sewer fund) SU (United Wapp. Sewer fund) Town Board Camo 13,333.33 9,875.00 57,666.67 89,141.67 Camo 81,700.00 Camo 1,961.54 Central Hudson 6,626.51 NYCOMCO 1,560.00 NYCOMCO 98.00 NYS Dept of Enviorn 110.00 Platt's 1,090.00 :M5 Town of Wappinger Page 29 Printed 1011612015 Regular Meeting Minutes September 29, 2015 Royal Carting 14,463.63 Home Depot 117.77 Home Depot 9.46 Home Depot 41.25 Home Depot 328.56 Home Depot 61.15 Zep Sales 1,184.75 Sedore 2,540.00 Milton Alley 291.00 Corbin Excavating 1,188.00 Expanded Supply 1,866.60 Arkel Motors 753.58 Thalle Ind 123,057.51 Celia Sigalow- translate 140.00 Celia Sigalow- translate 140.00 Momma's Towing 85.00 Williams Lumber 59.70 Hyzer Tools 128.40 DC Truck Parts 145.34 Justice Court Fund 20,347.00 Tilcon 1,277.45 Staples 10.73 Staples 90.88 Staples 9.00 Reserve Acct Postage 5,000.00 Mirabito Energy Prod 851.89 Mirabito Energy Prod 1,216.12 David Varco 30.00 HHH Construction 2,514.56 Precise Landscaping 2,925.00 Wells Fargo Town of Wappinger Page 30 Printed 1011612015 Regular Meeting Minutes September 29, 2015 150.00 300.00 27,073.50 $152,447.6 1 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 28, 2015, 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 -2015-214 Q Adopted Yes/Aye No/Nay Abstain Absent Town of Wappinger Page 31 Printed 1011612015 349.24 NY Labor Law Poster 67.25 Big Top Porta Johns 110.00 Don Kortright 205.00 Stormwater 150.00 Stormwater 575.00 Stormwater 650.00 Stormwater 550.00 Stormwater 50.00 Stormwater 1,350.00 Stormwater Stormwater Verizon Wireless 1,080.98 ITC -Phones 290.25 Avello Brothers Delta Dental 1,674.69 Inter City Tire 954.16 Roberts IT Consulting 1,275.00 JK Power Equip 302.00 Rong Jie Wu 140.00 AMI Services 598.42 Totals $9,875.00 $13,333.3 $57,666.67 $248,609.9 3 3 $401,057.54 $401,057.54 150.00 300.00 27,073.50 $152,447.6 1 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 28, 2015, 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 -2015-214 Q Adopted Yes/Aye No/Nay Abstain Absent Town of Wappinger Page 31 Printed 1011612015 Regular Meeting Minutes September 29, 2015 ❑ Adopted as Amended Barbara Gutzler Voter CSI❑ T84 (Sgt. Palmateer Fund) ❑ ❑ ❑ Defeated William Ciccarelli Voter .............. Q❑ ......................................................... ❑ ❑ ❑ Tabled William H. Beale ...................... Seconder Q ...... ❑........,........❑ ...... ❑ .... ❑ Withdrawn Ismay Czarniecki Voter .............❑ ....... ❑................. ❑ ...... ..... Q .... Michael Kuzmicz Mover Q ❑ ❑ . ❑ Dated: Wappingers Falls, New York September 29, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-215 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board - VV 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: 2015 -VV Vendor A (General Town wide) B (General Part Town) DB (Highway Fund) T84 (Sgt. Palmateer Fund) Camo Camo 638.60 Camo 390.00 Central Hudson 70.09 Central Hudson 2,176.12 Central Hudson 40.73 Central Hudson 37.07 Central Hudson 451.43 Dept of Civil Sery 3,622.71 7,452.71 HSI 5,236.28 Platt's Locksmith Home Depot 24.70 Home Depot 44.60 Home Depot 9.58 Signal Graphics Town of Wappinger Page 32 Printed 1011612015 Regular Meeting Minutes September 29, 2015 2,500.00 PZA151P 3,100.00 12,500.00 1,040.40 1,175.23 814.62 1,915.00 Town of Wappinger Page 33 Printed 1011612015 171.00 Lehigh Lawns H O Penn H O Penn Graham Foster H/I 119.40 Carquest Ruge's Auto 176.37 General Code 3,317.49 Town of Fishkill Reim 7,863.06 Tilcon Tilcon Tilcon Staples 43.49 PVE Sheffler Optimum 164.80 Wells Fargo 272.43 Wells Fargo 336.76 Wells Fargo 327.56 Paver Etchings, LTD Oriental Trading 558.02 Remberto Perez Reim 40.00 C&C Hydraulics Assoc Golf Cart Parts 25.00 Big Top Porta Johns 533.75 Big Top Porta Johns 385.00 HR Valley Tours 4,655.00 Amazon 85.00 Avello Brothers Avello Brothers Inter City Tire 142.74 I ntervet 2,500.00 PZA151P 3,100.00 12,500.00 1,040.40 1,175.23 814.62 1,915.00 Town of Wappinger Page 33 Printed 1011612015 Regular Meeting Minutes September 29, 2015 Town of Wappinger Page 34 Printed 1011612015 199.00 Joe Johnson Equip 956.92 Hopewell Auto Parts 168.88 Jessica Fulton Petty 120.50 Uline 224.00 Craig Chatlos Reimb 66.62 East Nat'l Water LLC Totals $29,048.45 $6,395.13 $27,605.32 $1,915.00 Vendor T33 HBM HMR HWF (Parkland (Roads (Water Meter (Filtration Trust) Resurfacing) Replacement) Systems of Hilltop & Atlas) Camo 880.00 Camo Camo Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Dept of Civil Sery H/I Platt's Locksmith 4,000.00 Home Depot Home Depot Home Depot Signal Graphics Lehigh Lawns 29,391.00 H O Penn H O Penn Graham Foster H/I Carquest Ruge's Auto General Code Town of Fishkill Reim Tilcon 127,795.18 Tilcon Tilcon Staples PVE Sheffler Optimum Wells Fargo Wells Fargo Wells Fargo Paver Etchings, LTD Oriental Trading Town of Wappinger Page 34 Printed 1011612015 Regular Meeting Minutes September 29, 2015 Remberto Perez Reim C&C Hydraulics Assoc Golf Cart Parts Big Top Porta Johns Big Top Porta Johns HR Valley Tours Amazon Avello Brothers Avello Brothers Inter City Tire I ntervet Joe Johnson Equip Hopewell Auto Parts Jessica Fulton Petty Uline Craig Chatlos Reimb East Nat'l Water LLC Totals $33,391.00 Vendor Town Board Camo 880.00 Camo 638.60 Camo 390.00 Central Hudson 70.09 Central Hudson 2,176.12 Central Hudson 40.73 Central Hudson 37.07 Central Hudson 451.43 Dept of Civil Sery 16,311.70 H/I Platt's Locksmith 4,000.00 Home Depot 24.70 Home Depot 44.60 Home Depot 9.58 Signal Graphics 171.00 Lehigh Lawns 29,391.00 H O Penn 3,100.00 H O Penn 12,500.00 Graham Foster H/I 119.40 Carquest 498.82 Ruge's Auto 176.37 General Code 3,317.49 Town of Fishkill 7,863.06 Reim Tilcon Tilcon 1,040.40 Tilcon 1,175.23 Staples 43.49 PVE Sheffler 2,500.00 15,548.00 32,305.50 12,437.78 $175,648.68 $12,437.78 $880.00 $287,321.36 Hold 127,795.18 Town of Wappinger Page 35 Printed 1011612015 Regular Meeting Minutes September 29, 2015 Optimum 164.80 Wells Fargo 544.85 Wells Fargo 336.76 Wells Fargo 327.56 Paver Etchings, 1,915.00 LTD „ „No/Nay Oriental Trading 558.02 ❑ Adopted as Amended Remberto Perez 40.00 Q Reim ❑ ❑ C&C Hydraulics 814.62 Voter .................... Assoc Golf Cart 25.00 ❑ ....... ..................... Parts ❑ Tabled William H. Beale ..................... ''William Big Top Porta 533.75 ❑ ... Johns ❑ ... ❑ Withdrawn Big Top Porta 385.00 0. Johns 0. Q .. HR Valley Tours 4,655.00 Mover Amazon 85.00 ❑ Avello Brothers 15,548.00 Avello Brothers 32,305.50 Inter City Tire 142.74 I ntervet 199.00 Joe Johnson Equip 956.92 Hopewell Auto 168.88 Parts Jessica Fulton Petty 120.50 Uline 224.00 Craig Chatlos 66.62 Reimb East Nat'l Water 12,437.78 LLC Totals $111,672.68 $175,648.68 $287,321.36 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 29, 2015, 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 -2015-215 Yes/Aye Absent Q Adopted „ „No/Nay „Abstain„ ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated ,,' William Ciccarelli ................ Voter .................... Q ....... ❑ ....... .... ❑ ....... ..................... ❑ ❑ Tabled William H. Beale ..................... ''William Seconder ..... Q ............. ❑ ... .... ❑ ............ ❑ ... ❑ Withdrawn Ismay Czarniecki Voter 0. 0. 0. Q .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 29, 2015 Town of Wappinger Page 36 Printed 1011612015 Regular Meeting Minutes September 29, 2015 The Resolution is hereby duly declared Adopted. X. Items for Special Consideration/New Business RESOLUTION: 2015-216 Resolution Accepting Performance Bond Secured By Bond In Connection With Prestige Mini Of Wappinger Site Plan WHEREAS, Pepper White Partners, LLC had made application to the Town of Wappinger Planning Board for Site Development Plan, Special Use Permit and Wetlands Permit Approvals for the construction of a 18,750 square foot motor vehicle sales establishment on 4.41 acres in the HB Zoning District on certain lands located at 1162 Route 9, Town of Wappinger, and designated as tax map parcel 4 6157-04-659168 (which includes the former tax map parcel 4 6157-04-674155); and WHEREAS, on November 18, 2013, the Town of Wappinger Planning Board adopted a Resolution of Final Site Development Plan, Special Use Permit and Wetlands Permit Approvals for this project; and WHEREAS, on September 3, 2014, the Town of Wappinger Planning Board adopted a Resolution of Final Subdivision Plat Approval for a Lot Merger consolidating tax map parcel 4 6157-04-674155 (4.41 acres in size) and tax map parcel 4 6157-04-659168 (1.91 acres in size) for a combined acreage of 6.32+/-; and WHEREAS, on September 3, 2014, the Town of Wappinger Planning Board also adopted a Resolution of Amended Site Development Plan, Special Use Permit and Wetland Permit Approvals for the construction of a 18,750 square foot motor vehicle sales establishment on 6.32+/- acres in the HB Zoning District; and WHEREAS, thereafter a Building Permit was duly issued for the construction of the project; and WHEREAS, on September 21, 2015, the applicant appeared before the Town of Wappinger Planning Board to discuss issues relating to the Site Plan, specifically improvements relating to the landscape berm in the northwest corner of the site; and WHEREAS, the Town of Wappinger Planning Board determined, at the September 21, 2015 meeting, that a Temporary Certificate of Occupancy would be considered by the Planning Board at its October 5, 2015 meeting, based upon the condition of: (1) approval, in consultation with the Town consultants, by the Planning Board of a plan to properly complete the landscaping improvements of the berm; and (2) filing of a $50,000 Performance Bond to secure the timely completion of said plan; and WHEREAS, the applicant desires to open the Prestige Mini dealership as soon as possible and has requested the Town Board to approve the form and content of the Bond so that the Planning Board may proceed to approve the improvement plan for the berm and authorize the issuance of a Certificate of Occupancy at its October 5, 2015 meeting subject to the execution of such approved Performance Bond which has been approved as to form by the Attorney to the Town; and WHEREAS, to secure the obligation to guarantee the completion of the required landscaping improvements, the applicant has executed a Performance Bond dated September 29, 2015 secured by a Bond in the amount of Fifty Thousand Dollars ($50,000.00) issued by The Service Insurance Company, Inc., bearing Bond No. 6664N, in favor of the Town of Wappinger as security to guarantee the completion of said landscaping improvements; and Town of Wappinger Page 37 Printed 1011612015 Regular Meeting Minutes September 29, 2015 WHEREAS, the applicant covenants and warrants to the Town of Wappinger that in the event it fails to fully perform and complete the said improvements within 60 days hereof or at such earlier time required by the Planning Board at its October 5, 2015 meeting, then upon the demand of the Town of Wappinger, the Town of Wappinger shall have the right to draw upon this Bond in an amount equal to the cost necessary to complete the said improvements in accordance with the plan approved by the Planning Board at the October 5, 2015 meeting; and WHEREAS, it is understood that the Town of Wappinger shall have the right to use said security toward the completion of said improvements (as determined in the sole judgment of the Zoning Administrator) upon the default of the applicant to remedy the same after the first given written notice to the applicant to do so within thirty (30) days of receipt of said notice from the Town of Wappinger; and WHEREAS, the Performance Bond executed by the applicant further binds its heirs, executors, administrators, successors or assigns for the faithful performance of its obligations hereunder; and WHEREAS, upon completion of the improvements in accordance with said plans as determined by the Zoning Administrator, the Town of Wappinger shall release the Bond upon request of the applicant, at which time and upon which event the applicant shall fully released and discharged from any and all further liability or duty in respect to this Performance Bond. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that the Performance Bond executed by Chris Turner, Member of MWF, LLC, secured by a Bond bearing Bond No. 6664N in the sum of Fifty Thousand Dollars ($50,000.00), in favor of the Town of Wappinger, securing the obligations to guarantee the completion of the landscaping improvements. The Town Board hereby accepts the Performance Bond dated September 29, 2015, executed by MWF, LLC, secured by a Bond bearing Bond No. 6664N in the sum of Fifty Thousand Dollars ($50,000.00), posted with the Town of Wappinger as security for the faithful performance of the completion of the landscaping improvements secured by and set forth in the Performance Bond, with the understanding that said items will be completed within 60 days hereof or at such earlier time required by the Planning Board at its October 5, 2015 meeting. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-216 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as AmendedBarbara Gutzler Voter Q ......... ❑ ..❑..... ❑ ❑ ❑ Defeated William Ciccarell.1................ .................. Voter.. ........ ..... .......Q.. .......................................... ❑ Tabled William H. Beale ................ ............ ... Mover. Q ......,...... ❑ ......,...... ❑ ......,..... ❑ ... ❑ Withdrawn Ismay 6arniecki Voter ❑ ❑ ❑ Q .. Michael Kuzmicz Seconder Q o o ❑ Dated: Wappingers Falls, New York September 29, 2015 The Resolution is hereby duly declared Adopted. 2. Other Items Engineer Gray addressed the stage at Schlathaus Park and issues with trees that are dropping Town of Wappinger Page 38 Printed 1011612015 Regular Meeting Minutes September 29, 2015 braches. He said they need to be taken down. Councilman Ciccarelli spoke of handicap accessible features at town hall. He suggested install emergency strobe lights in bathrooms, bring handicap parking in the front of the building and expanding it, eliminating handicap parking in the rear of the building, enlarge both sides of building's handicap parking, putting placards on doors, and finally putting bars in the public bathroom. He added that the Gazebo has a leak in roof and has an exposed receptacle. Engineer Gray said the Yuan doors would be installed in 10 weeks. Councilman Beale reported that Puppies and Kittens also known as `American Breeders' is "history". He added that zoning should prevent such operations from coming in to our plazas. Attorney Roberts said that he is meeting with Planner Stolman to go over next the round of zoning amendments. Councilman Beale asked to add it to the next agenda. He then addressed a meeting with the Chapel of Sacred Mirrors and had come up with compromises regarding at a recent event. He noted that parking was all on their property versus in the Tall Trees development. XI. Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz ABSENT: Ismay Czarnecki 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz ABSENT: Ismay Czarnecki XII. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 8:46 PM. Joseph P. Paoloni Town Clerk Town of Wappinger Page 39 Printed 1011612015 Regular Meeting Minutes September 29, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz ABSENT: Ismay Czarnecki Town of Wappinger Page 40 Printed 1011612015 Packet Pg. 41 (a 0 Cl 0 0 0 0 0 0 0 0 0 Q N N N N N N N N N N N m O O O 6) 6) 6) O) 6) 6) 6) 6) N N N N N N N N N N N C a7 6) m m O m m m O m m a) a LO C) _ N O U 0 L L O Lo ^CoC LL C N r Cn N C CCD Cou W " O m cn Q E a) U co L Q- aQ C U U) �d {i O N •� U C O L O — Lo L W C I— ate+ C�.0 O Fu 0- V L O L L O i O a) C= .Y C C: 06 1.7.. pefA C C X�- > 2 U U E Vai t— `a/ I—HI— '' ® LL TO m O E- moo- p N /1 a) a) O -0 O moi♦ > (tS -C mm1 0- —Q I-2 ®m Ln LO Ln LO Ln LO LO LO LO LO per' Ci d rr O O r O r O r O r O r O r O r O r O r O C-4 N N N N N N N N N N Q m m m m m m m m m m o Ln Lo LO Ln Ln LO LO LO m Lo 0 1 � rr 0 0 r 0 r 0 0 0 0 0 0 0 0 ®1 N N N N N N N N N N N cc d) d- M LO I,- r r T N N d7 d) 67 d7 r D) 6) 6) d7 6) Q C L Cu C m C L C in i a) O O O O - _m ..Q y..,. .f+ y... 3 m m m LL � LL LL LL f N E to U U U L •fn C C O C L W Ln »U=>(3ML) �� .E aa) 'c O rte. O cuD 0 0 0 0 0 n 0 0 0 0 -C c°n CO CL �: 3:00-3:?:w3: 3:33: L d r N M d' LO CO I,- CO 6) O T O O O O O O O O O r r --E -O O O O. ? O- -O- -O- O 0- O - � Z N N N N N N N N N N N 0 0 0 0 0 0 I 0 0 I 0 I 0 0 Packet Pg. 41 SUPERINTENDENT Vincent Bettina. 10 HIGHWAY DRIVE WAPPINGERS FALLS, NY 32590 ybettinai towndwauginserms (845) 297-9451 Office (845) 295-0524 Fax SECRETARY Karol Kelly September 10, 2015 To: Town Board Cc: Fredrick Awino From: Vincent Bettina RE: BUDGET TRANSFER OFFICE OF THE 00 SUPERVISOR Barbara A. Gutzler (845)297-4158 TOWN BOARD William H. Beale William Ciccarelli Ismav Czarniecia Michael Kuzmiez TOWN CLERK Joseph Paoloni I am requesting a budget transfer for our 5130ADB fund, which is for repairing vehicles. This fiend is basically depleted. We have had a lot of vehicle breakdowns and huge repair bills. We have many outstanding bills still pending. Vehicles need repair before our winter season is upon us. Therefore, I am requesting $18,000 be transferred from 1990.400DB to 5130.400DB Highway Garage Fund. Hopefully, the funds will help to get us through the end of the year. FORCOVD SEP 112015 TOWN OF WAPPINGE -rojAA 1�'a r'1 _qn Packet Pg. 42 MGHWAY SUPERINTENDENT Vnacent Bettina 10 HIGHWAY DRIVE WAPPINGERS FALLS, NY 12590 vbettinaQ_townofasAganinser us (845) 297-9451 office - (845) 298-0524 Fax SECRETARY Karol Kelly OFFICE OF THE September 11, 2015 To: Town Board Cc: Fredrick Awino From: Vincent Bettina. RE: BUDGET TRANSFER j0/6 loq ja q - o5.,.a SUPERVISOR Barbara A. Gutzler (845)297-4158 TOWN BARD William H. Beale William Ciecarelli lsmav Czarniecld Michael Kuzmicz TOWN CLERK Joseph Paolori ['E"EV D SEP 11 2015 (OWN OF APPINGEr- ""r)9AfJNl r" P, 177,r"n! I am requesting a budget transfer of $16,000 to our new budget line 5130.401DB for rental of equipment, from 1990.400DB Highway contingency line. We will be renting a 3 yard loader for the upcoming winter season, December 2015 through March 2016. Thankyou. 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A m w �?�.um o m °: o -n�� Si m a 1 w m e 1.-. mmmo .... rn N r m m �m 0N_�o_ * N O .� O Det » W WO .w.i p S d N J vG` OI co 0> yD t W w A �� < N O f�/I N n N o O) o rn—I `G N d n d n m » n 1 D%0�>'N m i s m C I .m o o m == A A i m m n�i ww tDit I o O m N n c V!I O Z D < r » N I — N O i N —= N m == N I Z -p » 0 m 3 I mt Z m I L10i c y C :mX < n�- Oi m `�� a —Zii O �n m< cmc '. �, -i O I O W O� O O O y N D I N A T, V N z 1D" i y Z O KM Z I N NiO p N A S� S O. N 3 �m ...I N O ry' m y me ! v N O N O C m mCI W m i :z0 r A< rn CD Cd` N O c N rn m N j !o o o a�nv�< c O m :.Z�1 rZD1 nCL m— m •��.• iv co y m DoE ±0 m V) i rn NvI w i µ X O W m n N C D N o I o N W (n NI l7 i .il i� O t0 O C a;� Nv A j W N >> N X "` O SnQ? OOjo N m n N N N V N a O m 0 2 '.' m r d_= mZD r O O A N d C W A a7 j O N O m i — — p N e DC CD N N 0 Z LLJ Z T m v m y N 3 Q 5'!R m -.00, N � N J T 'p 'O N N -• D _ 0 d N p < O N � n 3 0 n O O d 05M }a ooa ,`m m m n 0 1 0 -DI O z Packet Pg. 45 7 * rt rt * * * * * rt rt * * * * rt rt rt * rt * rt rt * rt rt rt rt rt * * * * rt * * * rt * * * * * * * rt * * * rt * rt * 5.1.a rt rt �*. -i o z S o 0 CA CD -I o z 2 n fA O o CD I -I o z S n Cl) 0 Z D * i rt ;o *, rt �*t CU O = w N M i 91 = 3 N .0. t N O = o 3 m N .0. v o 3 U i m .. * O 3 CD N O 0 N N O 3 7 0 3 N N O = [D O * CD <CD V o rt y CD N CD N CL * CD d d d a a (1 O D + 7 » O + + + CUD) * k 0A CT DCn N -0 Or N --D D m �• 7 CD -I j I A N N D CD N co + 2.+ » » ,*F N y 0 "00 pnj ,_� N I I Co 0 67 n N 07 0 O n d A O m W CD y 0. a Ln V A W N S ,Oj. W„ (D N J V@ Q -� rm. _ n Q CO * ^_" N i C17 Co V i A D<1 O N CA C.JI Cn � N V C C x*, N CD N N % * C 0 *Co f7D w W rn O r 0o v *� v my `' I CD *��M w ** O s (D _ m (D o N d = m 1 V Z *oz ii z m v I O 0 <�' „to �C,� M i a m i n nm CCn *- w o) �� v �_ i v m m v I cwn�mmnm mw »cn�0 M o o mD Ca ^T Z i o o c)'o' i w 08 m I COo ZoW -- rt o rn w 3 o w_ o O Co o o N n N Z i >, W iov w N N N W N I o m (Dn *2�m O D p rt0 M O CO oa p i O O 7 CD �' D i I = Zm : .o S z i z"'� Do CD O m z m pX m� I I -Di : Z(7Zn 0 p O Z * Cf)m mz rt c mm N C i n i C O T * C -I D O D m *� o o D �c m I I I Co ;u »n�cnG� » W m + p p »o cwo cn A -ICD m Q. E3 m� ZI I m D :aC� D Dm D CL * o w o 0 o m x v CD 0 CD a D -Zj m m O + N + n rt Z � r- 0 + o = Cl) I m » I O� z+ * m o CO v A N z n l czi m * D Z �o N m * TN ay CD o CD a� n m p N Ln v' m v o m N z I 1 _. w w o y Z D *(n-1� 'mc» :�nrm o� o o 'CAO vo �� ��•m * p y? N rn .Ap w <� p V C N y W N w <� W C N fi m * ry m * o o C� �v O w $CD `D m Irl 100 o CWO a 7�i.' oCD C CD I :mcom ACJ o o o a o Zen a c° a Z Z < jR CD �� mo to o -4 i N :��y m CM » "+ O- m » W v -n (n 0z LLJ CD n� ? �. 'o=3 C 03 m � * e oCD I e W W y 00 N O I OO W N W CM i C) O (A m w Cl) n o o ' i O CN71 A Ci O C CD _ w C1 v W N C Co CD 3 = p1 v _ O 00 N �. CD o 8 on Clc1�G) cD o O LTIn ° 0 CDO * Co En_ rt * * rt * * » rt rt rt * * rt * » * rt * » * * » * * » » rt » * * rt rt rt * * rt rt * * * » rt * » * » Irt * » * * w w 0 Cr w — CD j N N CD O (D W (D (D M rt * N .=i U N 0 (D CD M 0 CD CC M w C _ _ 0 N M * * �O N 0. (D "rt + M CD CD d 7 O (7 EQ + + I + Co CD m Cl o 7 N CD (D O< Cr **. _ N N N N fD 0 CL n N c CD a 0 = =r D CL CD CD CD � CD (D 0 N Z C L N CD "O * Cr = o 0 p < ;z- -o L O ** � n CD C:) < Co Cho cn ; Packet Pg. 46 5.1.a o Z 2 0 N I Z 2 0 (D I Z 2 C) 7 Z 2 0 N I r A Z D : 2; d > O y 3 .mn. 0 O 3 d M m j O N 3 m 1 j O 3 d .mmi m < m m 9 `•, I m 3 ,� rn; o;mom in N ro m a m � ro m O w m m m2� ac�CI J o rdn N'am= N n n$�y� Ov, :TO 3 N N .'Ll O N m 1 v O .ZJ� to O.N O O OA Zlmd d N �O 0D � o m o = m o cm D m Z w C7n �m r2C 1 p pC W' tm� � N O S 2 r Cn o N O m -im m oo p Co QO -a rn co c_ 'n n w rn oWc N rn Q. u M m i A N n d m a. O O A d O C I V n x_uicmm> o>Nm Z �° m m GI i '' o .� -n F< 'm O ,0.,, A N a N 1 i N m l 3 0 y. N �= pn1m -l D O O D m y O C =_ ' S o O J o m ^„ o w 9 S;a _" nm = obi m m o o J rn •p "ammo' s' D M No 2 m C3 � N N � Vt A � <Z rn m0 0 m� ;u Cn DD z >O M n Z� C: m M D0 Za Z � C p N a �m O V Cn a m n N N Packet Pg. 47 m Z Z d o r °' o,m 3 a�mmam O y2y0 o'mmc�vm, 0 p '2.0 o;mom in N ro m a rm<rn-I 2T ro m O w m m m2� ac�CI J o rdn N'am= N n n$�y� Ov, :TO N N .'Ll O N m 1 v O .ZJ� to O.N O O OA Zlmd d N �O 0D � o m o = m o cm D m Z w C7n �m r2C 1 p pC W' tm� O S 2 r Cn N O m -im m oo p Co m b N c_ 'n n m= m r-" m o u M m i A N n d m a. O O A d O C I V o Z �° m m GI i '' p n O= i Vt O ,0.,, A N a N 1 i N m l 3 0 y. N �= D I vi I O O D m y O C =_ ' i 0 O Q N N J d O zGi —= ncm O O m rn O I m o fn I m m m 0 A Co Ill i ' m� N -I I O N n N IN Z .'0 m O cJii o m m o m of CO) 3 I m i Dm ; y w S Cn c (O A I O T, N m <] N v N N N 0 N d a Ill i .J.. i i m J T d d Z^ N I O I o w v 2 W `G d N N Z .-. Z ji I .�. �' n O n i011 i M A i Z C d O' 'll ; O O m 0 I p _ = N Z D I r D ZI m 3o mm 0 O = rmI :Or fn I 11 O I i y m MO I .�.I Ir0 try, A ' mac, D 2 i 0 i 0 nn WO a7 N O I N O m (p d_ O O y Fli 5.0 I I 7J -n -i m N (n D 0 i m r i 0 Vt A C V W �:.� V N 3 O (mit N rRl tp V A N N J m N Z t0 V t0 O 2 �l N r m n N m m v J l m O O O N C U) V = N O_ m N S i rn III i Op OOi W M O m N W V N N r d (OT T O 3 O m O m I IV ' O O N N a d 3. N In I N O N O G m O J .Zi o c d c o c 3D i Z r i z i I ToI D -01C � i » I ' I yn Z i » » » r » r r » r » » » , » • r . r r » » » » » » » r » » » » r r r r r » » » » r » » , » » . » m N N » » » » » . » » » » » , » , » » r » w » » y N N 3 O m S m m m0 m lo_ c o � m 0 � =om<<'om 3 m y9 O d m } N 91 m O. d J N m v m m m& N m m O 0 N m m m O � S d o. li O� M •_l f0 �, O m rS T m 01 mmumic�m C) am o �<o z m � m a - <Z rn m0 0 m� ;u Cn DD z >O M n Z� C: m M D0 Za Z � C p N a �m O V Cn a m n N N Packet Pg. 47 JO/5 /09JO-9-004 M Alk MORRIS CIATES VkENGINEERING & SURVEYING CONSULTANTS, PLLC 'X 9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax: (845) 473-1962 ❑ 64 Green Street, Suite 1, Hudson, New'York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963 September 9, 2015 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Attn: Barbara Gutzler, Supervisor RE: Martz Field Pavilion — Contract #14-010 0 Mei# W21406.00 Dear Ms. Gutzler: 0 This office conducted construction compliance inspections during the construction of the new pavilion at Martz Field. This letter is to advise that the construction of the pavilion was completed in substantial conformance with the bid plans and is issuing this letter of Substantial Completion. e This office has no further concerns and recommends that the Town can release CM the retainage to the contractor, Precise Landscaping. cNo UJI If you have any questions or require any additional information relating to this matter, please contact me at 454-3411 ext. 30 (office) or (914) 475-5749 (cell) ° e Very truly yours, MORRIS ASSOCIATES ring & Surveyin Consultants, PLLC ' F Robert'J. Gray, PE -V n Engineer to the Town V Cc: Albert P. Roberts, Esq., (via e-mail and fax) Precise Landscaping (via e-m-ail)(������ Joseph Paoloni, Town Clerk, (via email) LSVL� Fredrick Awino, Town Accountant (via e-mail) SEP 14 2015 TOWN OF WAPPINGEF 'R-ONAINl rl Vin°'' E:\documents\T Wappinger\a W2014\W21406 Martz Field Pavilion\2015-09-09 Ltr to Supervisor -Substantial Completion.doc Packet Pg. 48 MGHWAY SUPERINTENDENT Vincent Bettina 101UGHWAY DRIVE WAFP'INGERS FALLS, NY 12590 vbettina(a)townofvk appin (845) 297-9452 Office (845)298-0524 Fax SECRETARY Karol Kelly September 14, 2015 09OJ6 JI 0 / lQq — 0 q. 5.1.a TO: TOWN BOARD OFFICE THE t 4i MR Ox I FROM: VINCENT BETTINA RE: HIGHWAY INVENTORY SUPERVISOR Barbara A. Gutzler (845)297-4158 TOWN BOARD William K Beale William Ciccarelli Ismay Czarniecld Michael Kuzmicz TOVM CLERK Joseph Paoloni Attached is the annual report of our inventory of Highway Machinery, Tools and Equipment, which is required under Highway Law Section 142-3. Thank you. Karol Kelly, Secretary V Town of Wappinger Highway Dept. W v SEP 14 2015 WAPPINGF Packet Pg. 49 t I - Z W a w Z Q U) J 0 !t! Z_ O Q S2 LL 0 O Z LLIz -5 R O z .a O d OW > Co FL 0 0 O 0 0 T V Cts a o d �ti n 0 0 O r N r 0 a u O O a O O w 0 0 O O O C) Y U o C O o 0 'O - Z � U O O 0 0 d O 0 O 2 0 0 0 0 0 fl 0 0 0 8 0 0 0 0 916 r r O Y a o C M to N (0 (0 CD Cn C4 •t CO d Z � +� `O N v - 0 4} 49 a 49 43 N EH' 4'}V3 49 40 49 W N O LU o N N ` } 7 t # ^ `" W t # x a U m t t Cla N � 4 Z CO W �'m a Z J d � � •O 0 = W m H 0 d fl O o d o 0 o o o d o d N 0 0 0 O X c :0 •(a V O N 0 X 0 0 0 0 0 X Z 0 •R CoCL a 0 U Co 3 CLwn.c9aaa y¢ CL rL0a -5 0 O z .a O d OW > Co FL 0 0 O 0 0 T LU a o d �ti n 0 0 O r N r 0 a o o O m Z O Nr, O N N O O O t` J > Co O 'O 0 0 0 O 0 0 0 0 0 LU CC o 0 0 0 o a Coo o c �ti w y 0 0 O r N r O a o o O O o O O w 0 0 O O O C) Y U o C O o 0 'O - Z 0= U m Q N O N st t` N f- h- O Nr, O N N O O "' Cf) M t` <- C) r 0 0 0 0 > 0 O 'O 0 0 0 O 0 0 0 0 0 0 0 CC o 0 0 0 o a Coo O c o 0 0 0 N N w y 0 0 O r N r O O O o o O O O O O 0 0 0 O O O O 0 0 O O O O O O O O O O C O o O 0 'O LC N N 0= 0 ,� O O 0 0 0 O 0 O 2 0 0 0 0 0 0 0 0 0 0 } 0 0 0 0 O r r O N N N C M to N (0 (0 CD C4 •t CO It M 0 +� Q b} O O 4} 49 494 49- EFi 49 43 N EH' 4'}V3 49 40 49 W N O N N N N ` } t # # t t # x # U t t t a 0 0 d fl D o d o 0 o o o d o d o 0 0 0 O X X 0 :0 •(a V O d 0 X 0 0 0 0 0 X 0 U 0 •R 0 0 0 U wwaaw 00 CLwn.c9aaa uiIL CL rL0a d 0 0 0 M 0 O 0 O Cl le O et O Cl o 0 0 O Cl O n O — O O't 0 0 O CO O N Cl O 0 O 0 O 0 O r (O 4) r 03 r 0 CO � 0 0 N O O N O O O U) O N O CO O CQ N t+ O n N t0 �-_ � N M O O O O O t• CO N N N N M M N N a N <A' N 49 N (Q O CO 49 CH 49 E9 l- CO 49 ff} r I'. O 49 Cl) 49 O 49 CO 43 49 4i CLI 49 49' ai 49 49 fF} � - Q N O N st t` N f- h- O Nr, O N N O O "' Cf) M t` <- C) r 0 0 0 0 > 0 O 'O 0 0 0 O 0 0 0 0 0 0 0 CC o 0 0 0 o a Coo O c o 0 0 0 N N 6) o 0 N N r N 0 0 O r N r o 0 N N N N N CM N N N 7 N N N N U 5 = r N M �' O O N tlD O O N N CO h W O r r CO N N N N N N N a a M a a M a a a N a N N 0v } v O r a 4) m t O O O O O O > 0 0 0 o o a U U U U 0 U C7 U' U U 5 = r N M �' O O N tlD O O N N CO h W O r r N N N N N N N a a M a a M a a a N a N N 0v v O r r O CV C C H O O O O O O Q _O O O O O N N N N N N C't N N N N ` } t # # t t # x # t t t t Packet Pg. 50 O O O O O O > c c c c c c c c O U U U U 0 U C7 U' U U 5 = r N M �' O O N tlD O M et CCI CO h W O r r a a M a a M a a a a a CJ Packet Pg. 50 M 0 LU LUU g g °x m W m o (Y - Cf) IX a m U Ow IL Z F- a 0 LU uu ILI Cozzi¢ m w = Ll- OQm O O vii Co Z N ���� 0 LL w O O!¢?a-a Q LL }- a � cc�� c� QQ QQ E w o S o o $ uS o g o-$ S ; a c $ o v ° S C7 U S S ti O ti LL LL S O ti ti LL C� ti ti C7 t1 C7 d O w O} Q a a s a a W n a N W S v t- $wQQ C oMgn om m o 0 o � -t C9. sp, 69 to t9 dJ rH M z a S C 0 t� W {� � 7 to t,0 N D) N O 30 g W M N O O-M 0 W O O m o W W M W M M—— O O M O W-� °I W W 6� O W O� 01 Q) N N O N %' N N N N N C N N N a m D w W W°1 Co r N N N (V N N N W � � y r O pti pO� O m@ N M O tet' O `7 M 0 0 0 O O Q} N N N N N N N N N N N N N N F 2 wO to O ti m 2 N m P0'1 M n N N �Cp U. O 7 l0 1{! 0 N �o dC F N N N Cli N N it p C W .° zcov a E L w L o rn u! m m o o m y d o � 3 v bt'5 tm tm sm U5 oJckm o to m o U U U U g =O o rUs s e t t t y U 2 o E m c m rn rn rn orn w n o o— s m is 3 R `m c c� y m m o c m a c N N N In n o Co to L U -°i LL 1� I°- !o m � o`� w 5 to m` C7 U Co U a N� S' o s' S o 0 OIC rr.- .---.---rn n— rte-. �- Packet Pg. 51 Il z z ( § 2 m \ Packet Pg. 52 § § # § < 8 . \ � LLJ ( ( §CO Ln[ \ k @ Co \ R © C-4 Z & = * = t /!�/2 ,CL E } §§§§}00 2 I s 75 I■;2�#; § a++a�_a Il z z ( § 2 m \ Packet Pg. 52 § w n o w CL o o N o n o ai o 0 0 0= a t� v 0 Z 66� N 6Fj Q LU Q S V H U w O z2 0� ;g tT U` fl O uj W Y uj w U O 0 00 O Q� 0 0 0 O Cl Cl O O d�9F � � 669, d U .2 d N 715 N OS o N .❑ O m 00 d m � a.ula0LLLt0.ILLt13 a �r o rn o cri n o tiV o c CL o o N o n o ai o 0 0 0= W 0 0 o 0 t� v 0 6 N 609 � vi� d} 66� N 6Fj r W _ c �' E R C LU Q O E- W N O 0 0 r O O N O Cl) 0 0 0 0 0 C. 0 0 0 r N N N N N N N N N > O ❑ Q W m U 0 0. o W w � LO N N N +'�- m N N N N N N N O OD N O M r r r ((jjjj U N N N N N � } x x t t t G C W 0 c W E o W I a to o U id J ----- ❑ 0. t x t t C� r N N N N Lo N N t - Packet Pg. 53 �o/ 5 /09 /a9 0 5.1.a Fmm: Graham Fosber Ste: Tuesday, January 13, 2015 10 28 AM To. `Barb Gutzlet'';'Sill &'ale'; Vincent Bettina;'isrraaycrarri W@Yeri7-on.net; 'rrtaxice @netzero.r&; joepaClOni@abasC.c m' Subjwb update on Highway equiPment The following is to keep you updated on the condition of our Highway equipment, 1) We are picking up 1985 truck 9 today from Arkel motors after having to replace both steering boxes. The truck stili has a heavy vibration when going down the road. We will try to correct this vibration as soon as time allows. Clue for replacement in 2010 2) This morning we had to have truck 18 towed to Arkel due to a broken spring, and mechanical problems with the rear end and transmission. 2002 due for replacement in 2012. 3) Truck 12 2005 broken conveyor chain. flue for replacement in 2015 4) Truck 13 1993 we are .currently driving this truck illegally due to the fact it won't pass inspection due to a cracked frame. due for replacement in 2008. 5) Truck 15 2001 we are still using this track even though the oil pan is leaking due: to rust and the lack of tame to repair it. Due for replacement in 2011. 6) Truck 10 2000 out of service due to a cracked frame and the body being rusted through. Due for replacement in 2010. 7) Truck 11 1994. We are using this truck only as a chipper truck due to its condition. Due for replacement in 2004 8) Pickup 9 2004 Out of service due to engine problems. Due for replacement in 2010 9) Truck 19 2000 Out of service due to a cracked frame and rust. Due for replacement in 2010 10) Tow master trailer 1999 out,of service due to brake problems. 11) 'Samsung loader 1999 having problems with the transmission. To date we have been unable to locate or order the needed parts. The dealer is trying to find a source for the parts. Due for replacement in 2015 12) Truck 7 2002 side dump body stuck in the up position due to excessive rusting. Due for replacement in 2012. At this time. this list is a snapshot of where we are today. A serious storm will be devastating on our ability to provide safe roads for our residents and any emergencies that may occur. Please keep in mind that all the EMS equipment in Town would be rendered useless if we are unable to clear our roads. Also just for yon information the truck that was ordered in June 2014 is not expected to be delivered until late February. This lead fame to get new equipment gives you even more insight to the severity of the situation. Graham Foster 1 H CSI MCD SEP 14 2015 TOWN OF WAPPINGEr'. TOMAINI°A. �p A --........... ..... -- -- .._ .............. _ ..._ .... _........ I-- ----- ........_ .......__..._—..__..... -..._._............ _..... ._...._.__.......__ _._ Packet Pg. 54 ZONING ADMINISTRATOR Barbara Roberti - Ext. 128 PLANNING BOARD & ZONING BOARD OF APPEALS SECRETARY Bea Ogunti — Ext 122 CODE ENFORCEMENT OFFICER Salvatore Morello III — Ext 142 Susan Dao - Ext 122 (90/5/09 JD -q SUPERVISOR Barbara A. Gutzler TOWN BOARD William H. Beale William Ciccarell; Ismay Czamiecki Michael Kuzmicz FIRE INSPECTOR ZONING DEPARTMENT Mark Liebermann -Ext 127 20 MIDDLEBUSH ROAD CLERICAL ASSISTANT WAPPINGERS FALLS, NY 12590 j CDS ( jj�%/ (� D Michelle Gale - Ext 123 (845) 297-1373 Irll L'� LI V L'� Fax (845) ?A7-()579 SEP 16 2015 To: Joseph Paoloni, Town Clerk %f From: Barbara Roberti, Zoning Administrator+'/� TOWN OF W A P PI N G E r Re: Schedule of Performance & Maintenance Bonds for the month 1AIN�, (-I 7F`1 1,' October 2015 September 15, 2015 PERFORMANCE BONDS SUBDIVISION (Sub.) SECURED SITE PLANS (SP) BY AMOUNT CALL EXPIRES STATUS BRH Realty Subdivision L/C $ 94,800.00 8/10/15 10/09/15 - renewed (Phantom Hollow Equities, Inc.) #SB910912-2000 accepted by TB 10/22/07 (Town to accept road improvements on 9-29-15 agenda.) Hilltop Village - Toll Land V Surety Bond $1,366,446.00 6/15/16 8/15/16 #39B SBGG1368 Hilltop Village - Toll Land V Surety Bond $377, 800.00 No expiration date ( Sidewalks, Street Trees & Lighting) #SU1133194 Maloney Heights Subdivision Bond $384,000.00 9/10/16 11/19/16 (Attalah & Joseph Nesheiwat) 4775180S -reduction accepted by TB 10-27-14 -reduction accepted by TB 06-08-15 -accepted by TB 2/25/08 -Bond in effect until released by Town. 1 Packet Pg. 55 7 Nature Preserve Townhouses L/C $122,244.00 6/15/15 9/17/15 #430212 (Work complete. Resolution to release the L/C to be placed on 9-29-15 agenda.) 5.1.a -Req'd improvement -Accepted by TB Sept. 22, 2014 United Cerebral Palsy Subdivision L/C $41,600.00 7/15/15 9/28/15 -Accepted by TB on #20004849 10-24-11. (2-3r. Maintenance L/C and Maintenance Agreement resolution to be placed on 9-29-15 agenda) MAINTENANCE BONDS Silver Fog Estates Subdivision L/C $ 85,623.75 Mid Hudson Holdings, LLC # SITE PLAN RESTORATION BONDS Calvary Chapel of the H.V. Cash Deposit Hilltop Village — Toll Bros. Cash Deposit (Toll Land V, Limited Partnership) 6/1/2016 8/14/2016 -Accepted by TB on July 14, 2014 $ 41,600.00 ****** -Accepted by TB on February 24, 2014. Released upon Resolution Approval w/ signed maps $157,360.00 * * * * * * * - Accepted by TB on May 28, 2013. Prestige Mini Cash Deposit $4,640.00 * * * * * * * -Accepted by TB on March 24, 2014. Released upon Resolution Approval w/ signed maps Shamrock Hills Subdivision Cash/Bond $20,000.00 6/01/2013 -Accepted by TB on (Toll Land VI, Limited Partnership) August 13, 2012 Graham Foster and Bob Gray still have issues with some catch basin repairs. 9/2014 Cc: Planning Board Robert Gray Town Board Vincent Bettina Albert P. Roberts, Esq. File t 2 Packet Pg. 56 TOWN JUSTICE HEATHER L. KITCHEN '9015 I oqlDq- TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-6070 • (845)297-0145 FAX: (845) 297-0145 September 17, 2015 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. Supervisor Gutzler and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 Re: Carl S. Wolfson, Town Justice Report for the month of August, 2015: Dear Supervisor Gutzler and Members of the Town Board; The following is a report of the cases disposed of during the month of August, 2015; 19 Penal Law matters resulting in $505.00 collected in fines and fees. 241 Vehicle and Traffic Law matters resulting in $23,723.00 collected in fines and fees. TOWN JUSTICE CARL S. WOLFSON 7 Civil matters resulting in $40.00 collected in fees. 6 Town Ordinance matters resulting in$500.00 collected in fines. 11 Termination of Suspension fees resulting in $770.00 collected. 1 NYCRR matter resulting in no money collected. 2 Bail Forfeitures resulting in $550.00 collected. 1 Bail Poundage resulting in $75.00 collected. 1 DNA fee collected in the amount of $50.00 I have forwarded a check in the amount of $26,213.00 to the Town of Wappinger Comptroller. Additionally, I am Bolding $23,692.50 in pending bail. Respectfully submitted;-;-_-. � .:. 1 S Wolfson, TOWN 0F Town Justice UVAPPINGE� cc: Joseph Paoloni, Town Clerk Packet Pg. 57 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 WWW.TOWNOFWAPPINGER.US (845)297 -4158 -Main (845)297 -0720 -Direct (845)592 -7433 -Fax TOWN OF WAPP{NGER 00JG/0qj0?9_E7n ~— RECREATION DIRECTOR Jessica Fulton Recreation Department RECREATION COMMITTEE CHAIR Ralph Holt RECREATION SECRETARY Donna Lenhart MEMO TO: BARBARA GUTLZER, TOWN SUPERVISOR MgLLIAM BEALE, COUNCILMEMBER WILLIAM CICCARELLI, COUNCILMEMBER ISMAY CZARNIECKI, COUNCILMEMBER MICHAEL KUZMICZ, COUNCILMEMBER FROM: JESSICA FULTON, RECREATION DIRECTOR DATE: September 21, 2015 SUBJECT: ANNUAL PUMPKIN RUN AT SCHLATHAUS PARK The recreation department has received a request from the Mid -Hudson Road Runners club to use Sclilathaus Park for their annual Pumpldn Run on October 3, 2015. The facility request and insurance have been submitted and are in good form. The race organizers are requesting that the fee of $150 be waived for their use of Schlathaus Park. According to our records, the fee has been waived for at least the past two years. Please consider waiving the fee for the 2015 race as well. essica Fulton Recreation Director SEP 21 2015 " OWN OF WAPPTNGF Packet Pg. 58 5.1.a TOWN OF WAPPINGER RECREATION FACILITY REQUEST....... Facility Info Facilities Requested: S S Dates of Event(s): Attach schedule if needed V� Time of Event(s): -7 444 Applicant Info Name of Sponsoring Organization: A Circle One: No profit 501(c)3 For Profit Private Event Address: Z�( Designated contact: Phone:!t q6o �. --- � Cell: S+-5 FS6 !3; —JyG -7 C) Email: L5--fZ::�\A) s c�k � S-� 9 REGULATIONS FOR USE OF FACILITIES 1. NO alcoholic beverages are permitted in Town of Wappinger parks. 2. All fields are to be groomed at the end of playing for next users of field. 3. All adjacent areas should be policed for trash and picked up prior to leaving. . Failure to comply with these regulations will result in immediate cancellation of facility use. I have read and understand the regulations for the use of facilities in the Town of Wappinger and will comply with these regulations. The undersigned warrants 1 and r presen that ehe4she/they have the authority to sigr this agreemento behalf Of (Name of organization) Q�►..i c_E {v �'g—' a QQ�L z.6(,L ame of Organization) 1:ER ! shall indemnify and hold harmless the Town of Wappinger against all claims on account of injury, loss or damage arising or alleged to arise out of or in connection with the occupancy of the Town of Wappinger premises including all expenses incurred by the Town of Wappinger in the defense settlement or satisfaction thereof including expenses of legal counsel. In addition, (Name o, organization) Ai WR RC— agrees to provide to the Town of Wappinger, a Certificate of Insurance which indicates a current Commercial General Liability policy is in force, with (Name of organization) IZ� as the first name insured written with an insurance company with an A.M. Best's rating of "A" or better. The occurrence limit muss indicate a limit not less than $1,000,000.00. The Town of Wappinger must be named as an additional insured. No approval is granted or implied unless and until all requirements as outlined above has been submitted to, received and accepted by the Town of Wappinger. I UNDERSTAND THAT THIS APPROVAL DOES NOT BECOME EFFECTIVE UNTIL A $1,000,000.00 LIABILITY INSURANCE POLICY NAMING THE TOWN OF WAPPINGER AS AN ADDITIONAL INSURED 1S SUBMITTED. n Signature Fee Paid: Print Date Check #: or Cash Date: Packet Pg. 59 5.1.a AC® ® DATE (MM/DD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 9/8/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). TA T PRODUCER NAME: Margaret M. Mayers STAR Insurance - Fort Wayne Office PHONE , (260) 467-5689 AXC No: (260)467-5691 2130 East Dupont Road AIL ADDRESS:margaret.mayers@starfinancial.com INSURER(S) AFFORDING COVERAGE NAIC # Fort Wayne IN 46825 INSURERANational Casualty Companv 11991 INSURED INSURER B Nationwide Life Insurance Co. 66869 Road Runners Club of America/2015 and Its INSURERC: Member Clubs INSURER D : 1501 Lee Highway, Suite 140 INSURER E: Arlington VA 22209 INSURER F: rnVFRAGFS CFRTIFICATF NI1MRFR2015 S2M A.I. PP:X/ISInN NI IMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR EACH OCCURRENCE $ 2,000,00 DAMAGE TO RENTED PREMISES (Es occurrence $ 500,00 MED EXP (Any one person) $ 5,00 X Legal Liability to ER00000004913300 12/31/2014 12/31/2015 Participant $2,000,000 PERSONAL& ADV INJURY $ 2,000,00 12:01 AM 12:01 AM GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Unlimite X POLICY 0 JECOT- F—] LOC Abuse & Molestation PRODUCTS - COMP/OP AGG $ 2,000,00 Abuse and Molestation $ 500,00 OTHER: Aggregate $5,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 2,000,00 BODILY INJURY (Per person) ' $ AANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS ERO0000004913300 12/31/2014 12/31/2015 BODILY INJURY (Per accident) $ XX NON -OWNED HIRED AUTOS AUTOS 12:01 AM 12: 01 AM PROPERTY DAMAGE $ Per accident $ UMBRELLA LIABOCCUR HCLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER E.L.L ACCIDENT $ ANY PROPRIETOR/PARTNERIEXECUTIVEACH OFFICERIMEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Excess Medical & Accident SPX0000026656100 12/31/2014 12/31/2015 Excess Medical $10,00 ($250 Deductible/Claim) 12:01 AM 12:01 AM AD& Specific Loss $2,50 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS THEIR INTEREST IN THE OPERATIONS OF THE NAMED INSURED. DATE OF EVENT(S): 10/03/15 5 Kilometer Run and 1 Mile Kids' Run INSURED RRCA CLUB/EVENT MEMBER: Mid Hudson Road Runners Club, Att'n: Linda Stow, PO Box 157 LaGrangeville, NY 12540 10/03/15 Town of Wappingers Recreation Department Middlebush Road Wappingers Falls, NY 12590 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE john Lefever/LTO © 1988-2014 ACORD CORPORATION. All rights reserved ACORD 25 (2014/01) The ACORD name and- logo" are -registered in arks -ofACORD -" INS025 nnunn Packet Pg. 60 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 WWW.TOWNOFWAPPINGER.US (845)297 -4158 -Main (845)297 -0720 -Direct (845)592 -7433 -Fax TOWN OF WAPPINGER /0qjCgCj- Recreation Department RECREATION DIRECTOR Jessica Fulton RECREATION COMMITTEE CHAIR Ralph Holt MEMO TO: BARBARA GUTLZER, TOWN SUPERVISOR WILLIAM BEALE, COUNCILMEMBER WILLIAM CICCARELLI, COUNCILMEMBER ISMAY CZARNIECKI, COUNCILMEMBER MICHAEL KUZMICZ, COUNCILMEMBER FROM: JESSICA FULTON, RECREATION DIRECTOR DATE: September 21, 2015 SUBJECT: Teen Dance Clinic RECREATION SECRETARY Donna Lenhart In April, the Town Board approved the start of a teen dance clinic to take die place of our twirling program. Initially, die program was slated to run during the summer. The search for an instructor and a location to run the program took a little longer than expected, but die program is now ready to run. We have scheduled the program to begin October 22' at Wappingers Jr. High school and it will run an hour and a half for seven weeks. I would like to request that the Board approve the hiring of Courtney Burke as our instructor at $19/hr. Courtney is a lifelong dancer who has experience teaching dance locally. I believe she has the energetic personality that we are looking for to motivate the teens who register for our clinic. After interviewing Courtney, she has a clear vision of what kind of program we are looking to start and is as excited to launch this new program as I am. She understands that tlhis program is about fun and movement as opposed to strict technique. I think she will do a great job running the first session of this program and if it is successful, we hope to continue it into 2016. I have explained to Courtney tlhat if the program does not receive proper enrollment, the class will be cancelled for tlhis session and her services will not be needed. I would also like the board to accept the proposed fees for this new program • Residents $50 E � nm® • Non -Residents $65 v SEP 2 2 2015 TOWN OF WAPPINGF1 Jessica Fulton Recreation Director Packet Pg. 61 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 WWW.TOWNOFWAPPINGER.US (845)297 -4158 -Main (845)297 -0720 -Direct (845)592 -7433 -Fax TOWN OF WAPPINGER 9(-)15 /0q I aq — Recreation Department RECREATION DIRECTOR Jessica Fulton RECREATION COMMITTEE CHAIR Ralph Holt MEMO TO: BARBARA GUTLZER, TOWN SUPERVISOR WILLIAM BEALE, COUNCILMEMBER WILLIAM CICCARELLI, COUNCILMEMBER ISMAY CZARNIECKI, COUNCILMEMBER MICHAEL KUZMICZ, COUNCILMEMBER FROM: JESSICA FULTON, RECREATION DIRECTOR DATE: September 21, 2015 SUBJECT: Halloween Trunk or Treat RECREATION SECRETARY Donna Lenhart This year, die recreation department will be continuing the successful tradition of bolding an annual Halloween Trunk or Treat. Originally, the event was slated for October 24". Ralph Holt, the Recreation Committee and I have decided that we are going to move the date of the event to October 31" so it coincides widi the actual date of Halloween. Our event is in the early afternoon and will allow our residents to kick off their Halloween festivities with us over at Schlathaus Park before going out Trick or Treating. We would like to invite everyone from the Town Board to come on out to the park, decorate their trunks, and pass out candy to the kids. It is going to be a fun event. Jeica Fulton Recreation Director CIRE �WD SEP 2 2.2015 TOWN OF WAPPINGF° -rr'a%AtNP, r-11 r -r"" Packet Pg. 62 MORRIS ASSOCIATES VKENGINEERING & SURVEYING CONSULTANTS, PLLC (17—TEIks Lane, Poughkeepsie, New York 12601 Tel' Te(846)454-3411 Fax: (845) 473-1962 r]64 Greeh Street, Suite 1, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963 September 17, 2015 Town of Wappinger I 29 Middlebush Road Wappingers Falls, NY 12590 ATTN: Supervisor Gutzler and Town Board - RE: Regency at Wappinger (Hilltop Village) Performance Bond #39B SBGG1368 MA#W20963.00 Dear Supervisor Gutzler and Town Board: We have received a formal request to reduce the performance bond at the Hilltop Village development site. The request is to reduce the bond to $281,735. The performance bond number is 39B SBGG1368, We have reviewed and inspected the work in the field and find it satisfactory. We recommend that the bond be reduced to 20% of the original bond amount of $2,312,285 as it is the Town's policy to not reduce bonds below 20% of the original amount. Therefore, we recommend that the bond be reduced to $462,457. This item should be placed on the Town Board's agenda of September 291" and the Attorney for the Town should prepare the appropriate resolution. If you have any questions or comments, please contact me at 454-3411 ext. 30. Very truly yours, MORS ASSOCIATES ENGIN ERING & Sly EYING CONSULTANT,,PLLC Robert J. Gray, P Engineer to the To n Cc: Albert Roberts, Esq., Attorney to the Town Barbara Roberti, Zoning Administrator Casey Devlin, Tolls Brothers E:\documents\T Wappinger\a W2009\W20963 Hilltop Village\Performance bond reduction 9-17-15.doc 8.7.a Packet Pg. 63 August 26, 2015 IRREVOCABLE STANDBY LETTER OF CREDIT NO. DRAFT EXPIRATION DATE: August 31, 2016 Town of Wappinger 26 Middlebush Road Wappingers Falls, NY 12590 Re: United Cerebral Palsy Association of Putnam & Southern Dutchess Counties, Inc. We hereby establish our Irrevocable Standby Letter of Credit No. DRAFT in favor of Town of Wappinger hereinafter referred to as "Beneficiary", at the request of United Cerebral Palsy Association of Putnam & Southern Dutchess Counties, Inc., hereinafter referred to as "Applicant', in an amount not to exceed in the aggregate Six Thousand Nine Hundred Thirty -Three and 20/100 ($6,933.20) U.S. Dollars. Funds are available by your draft on us at sight, duly endorsed on the reverse side thereof bearing the clause: "Drawn under TD Bank, N. A. Letter of Credit No. DRAFT dated August 26, 2015", and accompanied by the following documents: This original Letter of Credit and any amendments thereto. 2. A certificate of the Engineer of the Town of Wappinger, duly certified by the Township Clerk, stating that "We hereby certify that Dutchess Community Living Corporation and/or United Cerebral Palsy Association of Putnam and Southern Dutchess Counties, Inc. has failed to satisfactorily maintain the off-site Drainage Improvements made in connection with the development at 150-152 Meyers Corners Road, Town of Wapponger. This Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in anyway be modified, amended or amplified by reference to any document, instrument or contract referred to herein or in which this Letter of Credit is referred to or to which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or contract. We hereby agree that draft(s) drawn under and in compliance with the terms of this Letter of Credit will be duly honored upon presentation and delivery of documents as specified above, if presented at our office located at 6000 Atrium Way, Mt. Laurel, NJ 08054 on or before the expiration date noted above or any extended date. Except so far as otherwise expressly stated herein, this Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits (2007 Revision) International Chamber of Commerce, Publication No. 600." TD BANK, N. A. TO THE BENEFICIARY: Please sign and date below to indicate your approval of this DRAFT. Signing this draft simply indicates your acceptance of the above wording. The authenticated letter of credit will be forwarded to you under separate cover. Date f ,� Beneficiary's Signature Albert P. Roberts Attorney to the Town of Wappinger 8.8.a Packet Pg. 64 juatueaft aoueuajuie 6u'l 000 a -9WZ-S ) WOW88ft 8OUBU81UMW p9jo8 :1u83Bjj 00 d Last Revised 12/18/09 Y MAINTENANCE AGREEMENT SECURED BY LETTER OF CREDIT c a WHEREAS, the undersigned Phantom Hollow Equities, Inc., with offices at 6 Old North Plank Road, Newburgh, NY 12550, Suite #102, has now completed the roads and other required public improvements in coni -lection with the Subdivision known as "Subdivision for B.R.H. Realty" prepared by Richard G. Barger, P.E. and L.S., last revised July 10, 2007, which map has been filed in the Dutchess County Clerk's Office as filed map number 12108 (hereinafter the "Subdivision"), which roads and other required public improvements are ready to be dedicated and accepted by the Town of Wappinger; and WHEREAS, pursuant to the Subdivision Regulations of the Town of Wappinger (hereinafter the "Town") the undersigned is required to guarantee that the quality and workinanship of any roads and public improvements to be dedicated to the Town in connection with the aforementioned "Subdivision for B.R.H. Realty", will be free from defects in materials and workmanship for a period of two years from the date of acceptance by the Town; and WHEREAS, to secure the obligations to guarantee said roads and public improvements, the undersigned has obtained a Letter of Credit issued by M&T Bank, bearing number S139109120001, in the principal sum of Eighteen Thousand Nine Hundred and Sixty Dollars ($18,960) issued in favor of the Town of Wappinger; and WHEREAS, as additional security to secure the obligation that the roads and other public improvements will be free from defects in materials and workmanship, Steven E. Rieger, as officer of the undersigned, has further agreed to personally guarantee the obligations set forth in this Maintenance Agreement. NOW, THEREFORE, the undersigned, Phantom Hollow Equities, Inc., by its Officer, juawaaft aoueuajuie 6u'l 000 a -9WZ-S ) 1U8W88J6V 8OUBU81UMW p91o8x :1U8 JJ q ci Go a' a Last Revised 12/13/09 Y Steven E. Rieger, hereby guarantees that the quality and worlananship of the roads and other public a improvements constructed and installed in connection with the Subdivision will be free from defects in materials and worlananship for a period of two years from the date of acceptance of said roads and improvements by the Town and the undersigned further agrees to maintain and repair said road and public improvements in accordance with the Ordinances, Local Laws, Rules, Regulations and Code of the Town of Wappinger for a period of two years from the date of acceptance of said roads and improvements by the Town. As security for this Maintenance Agreement, the undersigned delivers to the Town the following security for the faithful performance of the obligations contained herein: A Letter of Credit issued by M&T Bank, bearing number S139109120001, in the principal sum Eighteen Thousand Nine Hundred and Sixty Dollars ($18,960) in favor of the Town, which Surety Bond is attached hereto, and the undersigned consents to the terms thereof as security for the obligations contained herein. The undersigned understands that if the security posted hereunder shall lapse or expire for any reason, then this bond will be deemed in default and lots within the subdivision will no longer be eligible for building permits or certificates of occupancy until new and sufficient security is posted. As additional security for this Maintenance Agreement, Steven E. Rieger, as an Officer of Phantom Hollow Equities, Inc. further joins in the execution of this Agreement for the sole purpose of guaranteeing the faithful performance of the obligations created hereunder. Date: September 21, 2015 Phantom Hollov�MEauities, Inc. By: lid s /'J Steven E.,/Ijieger, Vffic6r Steven E. Rieger, In4Kidually juawaaft aoueuajuie 6u'l 000 a -9WZ-S ) ILIOW88ft 83uBuOIu1Bp9jo8 :1U8WLI3BjjV 0o a Last Revised 12/13/09 STATE OF NEW YORK ) a ss: COUNTY OF ORANGE ) On the 21st day of September, 2015, before me, the undersigned, personally appeared Steven E. Rieger, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. otary Public JEANINE EARY NOTARY PUBLIC -STATE OF NEW YORK No. 01 OL6217913 Qualified In Orange County My Commission Expires February 22, ';?0fF MORRIS ASSOCIATES ENINEERING & SURVEYING CONSULTANT'S, PLLC 9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax: (845) 473-1962 64 Green Street, Suite 1, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828--3963 September 24, 2015 Town of Wappinger Town Hall 20 Middlebush Road Wappingers Falls, New York 12590 ATTN: Barbara Gutzler, Supervisor RE. United Wappinger Water District NYCDEP Service Line Connections Contract # 15-006 MA# W21215.16 Dear Supervisor Gutzler, 8.11.a On August 12, 2015, the Town of Wappinger received a total of 3 bids for the above ..... referenced..project. - The_ results were as: follows:.. . Contractor Base Bid Add Alternate Bid TAM Enterprises, Goshen, NY $125,000 $------ ---- Stoneykill Contracting, Wappingers Falls, NY $239,100 $11,400 Thomas Gleason, Poughkeepsie, NY $290,000 $ 7,875 It should be noted that a bid sheet was not received from TAM Enterprises. TAM subsequently submitted a base bid sheet breakdown of the $125,000 base bid, as separately attached. This issue was reviewed and the base bid amount was included and certified by TAM enterprises. The lack of itemization may be deemed an insubstantial defect as the total bid amount was timely submitted. This office has reviewed the bid of the apparent low bidder, TAM Enterprises Inc. Fallowing review of the attached bid form, this office requested additional information on related project experience, financial information, owned equipment, proposed subcontractors, references and qualifications of personnel, as required by the bidding documents. TAM Enterprises has worked on a number of similar types of water projects in the past and appears to be qualified to complete the work required for this project. The responses from the references contacted were also favorable. Packet Pg. 68 8.11.a Town of Wappinger September 24, 2015 ATTN: Barbara Gutzler, Supervisor Page 2 M 2 RE: United Wappingers Water District NYCDEP Service Line Connections Contract # 15-006 MA# W21215.16 It is therefore recommended that the Town of Wappinger award the Base Bid To TAM Enterprises, Inc_ in the contract amount of $125,000.00_ We do not recommend awarding the Add -Alternate bid at this time. Should you have questions, or concerns, or require additional information, please do not hesitate to contact me at (845) 454-3411 extension 30. Very, truly, yours MORRIS ASSOCIATES Engineering & Surveying Consultants, PLLC Robert J. Gra , E, Engineer to the Town RG/cb Enc. CM cc: Mike Tremper, Cama Al Roberts, Esq. (w/enc) cm Dan Michaud, NYCDEP (w/enc.) co John Lazarony, PE Mark Long, PE.... ®: M c� E:\IDOCUMENTS\TWAPPINGER\A W2012\W21215 NYCDEP EXTENSION\W21215.1 CHELSEA HAMLET EXTENSIONINYCDEP SERVICE CONNECMONS\CORRESPONDENCE\081915 WAPP REC AWARD.DOC c� Packet Pg. 69 I Packet Pg. 70 1 0 O cz O (2) pq 0 .......... ..... ....... . .. .. ....... ... ......... .... .. . ............. . .............. ............ .. . . ........... ............... 4=7 I Packet Pg. 70 1 W z CD U C m D Q .0 CL Q.- U U m m O O 0. 0. V PO 8.11.a Packet Pg. 71 7 4 CJ E2 0 z o 0 n ^ Co U OG F w O z . p w O w Pw¢ W }iz .0 OO J u. F z 0 Oo z4 z 00 \\, Pw z a P 1 qL LLIJ _Q ............ 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LU < b, z o= w Q E I Packet Pg. 72 1 TOWN of WAPPINGER UNITED WAPPINGER WATER DISTRICT NYCDEP REQUESTED SERVICE CONNECTIONS CONTRACT NO. 15-006 BID FORM' THE TOWN RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. EACH BID FORM SHALL BE ACCOMPANIED BY BID SECURITY (AS DESCRIBED IN THE INSTRUCTION TO BIDDERS). TO THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK Pursuant to and in compliance with your invitation to bid contained in the Notice to Contractors dated _:T" U �1 ' Z0 1 , (month) (day) (year) •ay the undersigned hereby proposes to furnish all labor, machinery, equipment, facilities, tools, transportation, supplies, materials, insurances, permits, certificates, tests, guarantees, protection of equipment and property and life during construction; as -well as competent and qualified supervision for all phases of the work, and other facilities and things necessary or proper for or incidental to, Town of Wappinger NYCDEP Service Line Connections _Town of Wap ping er;. as required -by and -in...strict..accordance.with..the-.p.lans... ... .................. specifications and all other documents relating 'to Contract No_ 15-006, for the prices . stipulated and as shown on this bid form. Name of Bidder: -//-r/,l (Individual, Partnership, Cor oratio or LL.C)* * Circle applicable wor The undersigned declares that the bidding and contract documents have been carefully examined and that all things necessary for the completion of the work shall be provided. Receipt of the following. addenda is hereby acknowledged: DATE GNATURE- ADDENDUM NO. 1 f S ADDENDUM NO. 2 o3 1Y ADDENDUM NO. 3 ADDENDUM NO. 4 20002 8.11.a Packet Pg. 73 (Words) (Figures) 20004 E E 0 Packet E (h) Each and every provision of any law and clause required by law to be inserted in the bid documents shall be deemed to be inserted herein and the bid documents shall be read and enforced as though it were included herein; E and if through mistake or otherwise any such provision is not inserted or is M not correctly inserted, then upon the application of either party, the bid documents shall forthwith be physically amended to make such insertion, M (i) The bidder is financially solvent and sufficiently experienced and competent to perform the work. The work can be performed as called for by thep roposal and that the plans and specifications are in all respects suitable and adequate for the work. E 0 (k) The facts stated in his/her bid and the information given by him/her are true R and correct. in all -res pects. (1) The bidder is fully informed regarding all the conditions affecting the work to be done and labor and materials to be furnished for the completion of this contract, acid that his/her information was secured by personal investigation 0 U and research. 0 (m) In the event of a lawsuit, the bidder agrees that said suit shall be filed in the same county as the location of the project. FORCGNTR-ACT. WORK; ........... ......... ..... . ......... ... ............. ......................... ........ . ..... ....... . ......................... ......... .. .. ........... ........... .......................... . ... Base Bid f2a Install NYCDEP Service Line Connections and related items in accordance with the CM Contract Documents, The signatory to this bid, for all work proposed, items furnished and : cMo strict compliance With all provisions of each and every Contract Document relating to Contract 15-006, agrees to accept (unless modified -pursuant to'the terms of the General Conditions) a total, final and fixed contract price not to exceed: (Words) (Figures) 20004 E E 0 Packet E 8.11.a made a part of this bid is t ached documentation'. per . ivision 100, Article C.3. Sign. Bid Here AUTHORIZED SSIGN Print Name�cf' Title�; . �. gr / h� 1: 2 Official Company Name (l.ndividual, Partnershi , orporatio) LLC) x Circle applicable wora Company Mailing Address T/ sTR ET ZV CITY STA E ZIP CODE Federal Employer �~ Identification No. Telephone No. dde'r is a corporation, fill'in the following blanks.) ............................................................................................... ......... ..... ......... ... ............................... ................ .... ......................... ...... ........ .......................... ... ............................ ......... inized under the Paws of the State of: e and Address of President: e and Add-ress of Secretary: yxl� (if bidder is a Limited Liabifity Company, fill in the following blanks.) ' Vo :. -- 20005 �Z L °i` /&/�Afil Packet Pg. 75 0 M Organized under the laWs of the State of: of Manager or Managing- Member: Ik- Agent for Service of Process: Address for Service of Process: I Packet Pg. 76 1 ...... ................ ....... ............... . ................ Cm Cm Co w C M C E E 04 (D CD IZj C w E U I Packet Pg. 76 1 L_. STATE OF NEW YORK ) ' SS: GOUNTY OF (212yn,�_ On the clay of C l�f_�� ���- before me, the undersigned, a Notary Public in and for sal ate, personally appeared personally known to me or roved to me on the basis of satisfactory evidence to be the P Y P ry individual whose name is subscribed to the within instrumentand acknowledged to methat he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 8.11.a Packet Pg. 77 K NOW ALL MEN -BY THESE FREES -FELTS: that * TAM ENTERPRISES INC. RIP 1_-=r0FW Flo AUG 12 TOWN . OF WAPPINGE" ar.Princlpal;and Bondex Insurance Company as Surely, are hereby ound unto the Town Board, Timm -ofV*kp hiaJd and f irmly b .b ger, New York in theamount qtf, 5.00% of the Amount Bid [)ooap $5.00% of the Amount Bid for �x 64-6�is' 'the Payme -nt whereof N-tu�ipal and e SipreLy- b7md successors and assigm, jWntiy ar'4 seveft4y, iirmJy-by these presents. Sjo,ne-d t-hjS 12th dayof August � 15 'W:K the oondiffoli- of Ihe* db(';rve!atJfqabon igs-pch that, wher-eas, eche -154-m-ipal has *pWnitteo lb the -Town Board a- certain bid, attaches here -to and hereby made a .-part b ereO, WCOEP-Servilme Urge Connectlonsforthe Town of Wai p=Tf a -New York, agthoft and -s--pecifle.d ihC-> tjb!.aCf 140. _j5-f)QQ, NYCDFP Service Line connections OW TWEREFORE, (A) ff said Bid shall -be tejoqW, Qr in the�.altemate (b):ff said Bid shill.be -ams-pled sand the Principal shall �xemke and deliver* a contract in '- Form --atL-obed.fiL-.eto�p.re.ped.y-mmplet In the qfanAgreemerrt ed ............. ........ ...... "m --a Jr afl, t -. e . . .... ... .......... said Bid) -d istf-mil _ms-pects"'p-afforrn the .Tmem. nt crested by the qgpkanoa of mid Bid, then this oblIgAtion shall be wid. QtN�n+ the same shag remain in .force and effect, 4t being eXpres* toderstao-d •and. agreed ;that the liability, of the .$wety for any all claims ' . 0 -holm. Inder sjlzdl' in, no event _-�-,xcaed the amount of .pWs obliggion as b&Wn stated. T!4�_, §Uft- , for value received, hepbyzpvtates and aqrses.that the pbl%tiam. of -sald ER -1 _' - be Jrpp f h.. I .'and b bund sh m n an exte 'an 0 the, time '9 way W, y y - W_ S.tj0fi'Wd; andsaid.Suff 4wdoes hereby waive nqtiq-- $UP-h exten'gion. 'W-LXIT-I 8_ NESS MERE, t-ve Pdrripal and Surety have hereunto settheif hands and -or "or 4 Id uarri w h bf theare Corp araEons ,have Caused their C p -ate seWs to'be fters -40i)Dd -andthes)�� presents -to be signed -by their proper of the day and year tth-6bove, TAM ENTERPRISES INC. PRU *Imewtsiddar.- Name 'Inselt-surews Name By 20009 z I Packet Pg. 78 1 -1�r 0 m Inihe lyrosianoq of m m -a TAM ENTERPRISES INC. 0 0 Bondex insurance Company' U 0 By cif v) Philip 5. Tobey, Attorney In Faur m ...... .... .. .. ............. . .... .... .................................... ......... ......... . .. ........... . ...... .. ................................. . ................ . ..... .......... .... . % C14 in McGreevy (Witness) C14 LLJ TA m j-]!DNTddV,M AID NMO1 E 0 scot g i qnv ff mm Q r-m-LL.fl Packet Pg. 79 m Packet Pg. 79 I vill WK, MAP, O.Ow Q F R� Vi L q� W.'R,s.0d. C -Mr "A AW 8.11.a ME i0- IWO m of I ,rq *ilEg A!, r f 5.. ..i 94gh �w OF I �07i Cm . . . . . . . . . . . ZA Cm ui l#1CL1 stiff(':............ r dam no -k X omev.. 0 . . . . . . . ... CM ....... . . . . . flrl VIA Pell" Packet Pg. 80 0 M STATE OF NEW YORK COUNTY OF M M M On the day of 14c, 1/6L16-1—ix dlS before me, the undersigned, a Notary Public in and for said S`E�Ite, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and-ackhowledged to me that E 0 he executed the.same in his. -c a*pacity, and that by his signature on the instrument, the individual, or_- the person upon behalf of which the individual acted, executed the instrument. C14 CD E 20011 I Packet Pg. 81 1 0 0 NOTARY PUBLIC M ANN M. KATA Notary Public. State of New York No. OIKA6239527 Qualffiedin Orange County Commission Expires April 18, 20-0 co 1 LLJ r M E E 0 C14 CD E 20011 I Packet Pg. 81 1 8.11.a AUG 12 2015 Packet Pg. 82 CERTIFICATION OF NON -COLLUSION BY E316� WN OF WAPPINGFF No bid will be considered unless this Certification remains attached to and is submitted with the Bid y submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and M .the case of a joint bid each party thereto certifies as to its own organization, under penalty of 'arjury, that to the best of his knowledge and belief: (1) The prices in this bid have been arrived at independently, without collusion, consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such prices, with any other bidder or with any competitor. (2) Unless otherwise required by law the prices which have been quoted in this bid have not knowingly been disclosed by the bidder and will not knowingly be disclosed by the bidder, directly or indirectly, to any other bidder or to any competitor, before the time of the bid opening. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or notfo submit a bid for the purpose of restricting competition. A bid shall not be considered for award nor shall any award be made where (1) (2) and ;. (3) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where(1) (2) •: I Oil ............ .........._.........._....... and (3) above have not beeri corriplied with; the bid shall not tie considered for award Y, nor shall any award be made unless the head of the purchasing unit of the State, public �'' . department or agency to which the bid is made, or his designee, determines that such � disclosure was not made for the purpose of restrictin competition. p p g p - z, _ry �#� The fact that a bidder (a) has published price lists rates or tariffs covering items being CM s ,.: procured, (b) has informed prospective customers of proposed or pending publication of LJ new or revised price lists for such items, or (c) has sold the same items to other —casfomers atthe same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph (1). ... ^ `" `x Any bid hereafter made to any public authority'or to any official of an y public authority z ``` }_• created by the State or any political subdivision, by a corporate bidder for work of -services performed or to be performed or goods sold or to be sold where competitive bidding is required by statute, rule, regulation, or local law, ak ` and where such bid contains the certification referred to in the lead paragraph of this section, shall be deemed to have .A,>•= ,•,•:,:,yid. =;w,4 been authorized by the board of directors of the bidder and such authorization shall be deemed to include the signing and.submission the bid of and the inclusion therein of the certificate as to non -collusion as the act and deed of the corporation. �t-M Wiese statements natty of perju CM f LD:ER 5 D I GNAT .. :E: DATE: � Zl - O e -_ 200 1[2 Packet Pg. 82 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 WWW.TOWNOFWAPPINGER.US (845) 297 -4158 -Mai n (845)297 -0720 -Direct (845)592 -7433 -Fax TOWN OF WAPPINGER Recreation Department MEMO TO: BARBARA GUTLZER, TOWN SUPERVISOR WILLIAM BEALE, COUNCILIVIEMBER WILLIAM CICCARELLI, COUNCILMEMBER ISMAY CZARNIECKI, COUNCILMEMBER MICHAEL KIJZMICZ, COUNCILMEMBER FROM: JESSICA FULTON, RECREATION DIRECTOR DATE: September 21, 2015 RECREATION DIRECTOR Jessica Fulton RECREATION COMMITTEE CHAIR Ralph Holt RECREATION SECRETARY Donna Lenhart SUBJECT: ANNUAL PUMPKIN RIJN AT SCHLATHAUS PARK The recreation department has received a request from die Mid -Hudson Road Runners club to use Schladiaus Part: for their annual Pumpkin Run on October 3, 2015. T'lie facility request and insurance have been submitted and are in good form. The race org-anizers are requesting that the fee of ,$150 be waived for (Heir use of Schlathaus Park. According to our records, the fee has been wauved for at least die past two years. Please consider waiving the lee for die- 2015 race as well. Jessica Fulton Recreation Director 8.12.a SEP 2 1 2015 `-OWN OF WAPPMGF` Packet Pg. 83 8.12.a Jessica Fulton From: Vincent Bettina Sent: Thursday, September 24, 2015 11:26 AM To: Jessica Fulton Cc: Vincent Bettina; Karol Kelly Subject: FW: Schlathaus Park Run Jessica I believe her memorandum should cover the Town needs. Thanks Vincent Bettina Town of Wappinger Superintendent of Highways 10 Highway Dr Wappingers Falls, NY 12590 Office: (845) 297-9451 Fax: (845) 298-0524 -----Original Message ----- From: Linda Stow [mailtodstowlPgmail.com] Sent: Thursday, September 24, 201510:36 AM To: Vincent Bettina Subject: Schlathaus Park Run e This is to inform you that Mid Hudson Road Runners Club e (MHRRC) will be using roads in Wappingers on Saturday, October 3, 2015 from 10-10:45 am. The roads will be: Myers Corners Rd to Kent Rd; Kent Rd to Lake Oniad Dr; out Lk Oniad to Fenmore Dr., then back to Myers Corners Rd to old Myers Corners Rd , ending at Schlathaus Park. These roads will not have to be closed because the runners will run on the shoulder, and there will be volunteers to slow traffic and alert them to the runners. There will also be signs posted on roads to inform drivers of the race. MHRRC will be providing insurance ( forms have already be sent to the Recreation Dept), and as mentioned, traffic cm control will be provided by MHRRC. Thank you Linda Stow cm Race Director to Sent from my iPhone 1 Packet Pg. 84 8.12.a TOWN OF X61 APPINGER RECREATION FACILITY REQUE,.. d. Facilitv Info Facilities Requested: S S Dates Event(s): L3 2S7 t Attach schedule if needed Time of Event(s): 1-7 A -Vv\- ✓ ' 1 '�_— �J CICU Applicant Info Name of Sponsoring Organization: A f �' i C Circle One: Non- profit 501(c)3 For Profit Private Even - Address: , (((p Designated contact: -gL� Phone: Cell: 0�5 —'U _�;5 Email 123� S-�W 9 , REGULATIONS FOR USE OF FACILITIES 1. NO alcoholic beverages are permitted in Town of Wappinger parks. 2. All fields are to be groomed at the end of playing for next users of field. 3. All adjacent areas should be policed for trash and picked up prior to leaving. Failure to comply with these regulations will result in immediate cancellation of facility use. I have read and understand the regulations for the use of facilities in the Town of Wappinger and will comply with these regulations. The undersigned warrants and r presen that he she/they have the authority to sigr this agreement on. behalf of (Name of organization) of Organization) (L shall indemnify and hold harmless the Town of Wappinge against all claims on account of injury, loss or damage arising or alleged to arise out of or in connection witl the occupancy of the Town of Wappinger premises including all expenses incurred by the Town of Wappinge -in thedefense-settlement or -satisfaction thereof-including-expensesoflega-I-counsel. Inaddition,-(Name-o organization) f1A�C— agrees to provide to the Town o Wappinger, a Certificate of Insurance which indicates a current Commercial General Liability policy is it force, with (Name of organization) L �-'lZ� as the first name insurec written with an insurance company with an A.M. Best's rating of "A" or better. The occurrence limit mus indicate a limit not less than $1,000,000.00. The Town of Wappinger must be named as an additional insured No approval is granted or implied unless and until all requirements as outlined above has been submitted to received and accepted by the Town of Wappinger. I UNDERSTAND THAT THIS APPROVAL DOES NOT BECOME EFFECTIVE UNTIL A $9,000,000.00 LIABILITY INSURANCE POLICY NAMING THE TOWN OF WAPPINGER AS AN ADDITIONAL INSURED IS SUBMITTED. n Signature Fee Paid: L-( V\d (�D' , Print Check #: or Cash Date: � L--�;( Ls Date Packet Pg. 85 8.12.a CERTIFICATE OF LIABILITY INSURANCE r ATE(MM/DD(YYYY) 9/8/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEI REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject t( the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to th certificate holder in lieu of such endorsement(s). PRODUCER NAME: Margaret M. Mayers STAR Insurance - Fort Wayne Office PHONE (2 60) 467-5689aC No: (260)467-5691 2130 East Dupont Road AADDRRESS:margaret.mayers@starfinancial.com t Fort Wayne IN 46825 INSURED Road Runners Club of America/2015 and Its Member Clubs A National Cas BNationwide L I 1501 Lee Highway, Suite 140 URERE: Arlington VA 22209 [,INN�S SURERE: C(7VFRAGF.q CFRTIFICATF NI IMRFR2015 82M A. T _ =�cvrclnl.r nn rnnoo1n. NAIC 11991 66869 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TypE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR EACH OCCURRENCE $ 2,000,0( DAMAGE TO RENTED 500,0( PREMISES Ea occurrence $ MED EXP (Any one person) $ 5, O( X Legal Liability to ER00000004913300 12/31/2014 12/31/2015 Participant $2,000,000 PERSONAL& ADV INJURY $ 2,000,0( 12:01 AM 12:01 AM GEML AGGREGATE LIMIT APPLIES PER: X POLICY F7PE0 F1 LOC GENERAL AGGREGATE $ Unlimite Abuse & Molestation PRODUCTS - COMP/OP AGG Is 2,000,0( Abuse and Molestation Is 500,0( OTHER: Aggregate $5,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Me accident) $ 2 , 000 , OC BODILY INJURY (Per person) ' $ A ANY AUTO ALL OS SCHEDULED AUTOS AUTOS KR00000004913300 12/31/2014 12/31/2015 BODILY INJURY Per accident) $ ( X NON -OWNED HIRED AUTOS X AUTOS 12:01 AM 12:01 AM PROPERTY DAMAGE per accident $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE Is AGGREGATE Is EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ I $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? N / A STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT I $ DESCRIPTION OF OPERATIONS below -B-- Excess -Medical&-Accident -SPX0000026656100 7:2/31/2014 12%31/2015 -Excess Medical $1000 ($250 Deductible/Claim) 12:01 AM 12:01 AM AD&Specific Loss $2,50 UtbUKIP 1IUN Uh UPtRAUUNS I LUCAIIUNb l VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS THEIR INTEREST IN THE OPERATIONS OF THE NAMED INSURED. DATE OF EVENT(S): 10/03/15 5 Kilometer Run and 1 Mile Kids Run INSURED RRCA CLUB/EVENT MEMBER: Mid Hudson Road Runners Club, Att'n: Linda Stow, PO Box. 157 LaGrangeville, NY 12540 CERTIFICATE HOLDER CANCELLATION 10/03/15 Town of Wappingers Recreation Department Middlebush Road Wappingers Falls, NY 12590 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE IJORO eve /T.TO !/ © 1988-2014 ACO RD CORPORATION. All rights reserved ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS 025 (gym nn1 i Packet Pg. 86 .�� STENGER ROBERTS DAVIS & DIAMOND LLP 1136 Route 9 Wappingers Falls, New York 12590 (845) 298-2000 FAX (845) 298-2842 www.srddlaw.com e-mail: info@srddlaw.com September 23, 2015 Via Email Special Improvement Districts/Improvement Areas PARALEGALS Sandra Oakley Acceptinz Proposed Benefit Assessment Rolls: Dawn M. Paino 2. Resolution Accepting Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2016 CLOSING COORDINATOR and Setting a Public Hearing to Hear Any Objections Thereto (Note: Maria L. Jones Publication must be not less than 10 nor more than 20 days prior to the Public Hearing); • adopt Resolution on September 29, 2015 Accepting Benefit ALSO ADMITTED IN FL&MA Assessment Rolls and scheduling Public Hearing; "ALSO ADMITTED IN CT ALSO ADMITTED IN NJ • Public Hearing scheduled for objection or comment on benefit assessment rolls for Monday, October 19, 2015 at 7:30 pm; • Notice of Public Hearing must be published in Poughkeepsie Journal on October 8, 2015 and Southern Dutchess News on October 7, 2015; (Note — Notice of Public Hearing must be -1- 8.13.a Packet Pg. 87 Town of Wappinger Town Board Kenneth M. Stenger 20 Middlebush Road Albert P. Roberts Wappingers Falls, NY 12590 Attn: Hon. Barbara A. Gutzler, Supervisor & Town Board Members Thomas R. Davis Stephen E. Diamond* Re: Budget Resolutions Resolutions for Special Improvement Areas/Districts Assessment Rolls Resolutions for Special District O&M Charges and/or Rents Joan F. Garrett** Dear Barbara & Board Members: James P. Horan*** I am enclosing the following Resolutions/Legal Notices in connection with the Marina V. O'Neill Town budget process for calendar year 2016. Ian C. Lindars Scheduling: A.J. luele Darren H. Fairlie 1. Resolution Scheduling Town Board Meetings to Adopt Budgets for Fiscal Year 2016; • to be adopted at the September 29, 2015 Regular Town Board OF COUNSEL meeting; Scott L. Volkman • any legal notices have to be published in both Southern Dutchess Karen MacNish News and the Poughkeepsie Journal (notice to Southern Dutchess News have to be received no later than Monday morning); Special Improvement Districts/Improvement Areas PARALEGALS Sandra Oakley Acceptinz Proposed Benefit Assessment Rolls: Dawn M. Paino 2. Resolution Accepting Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2016 CLOSING COORDINATOR and Setting a Public Hearing to Hear Any Objections Thereto (Note: Maria L. Jones Publication must be not less than 10 nor more than 20 days prior to the Public Hearing); • adopt Resolution on September 29, 2015 Accepting Benefit ALSO ADMITTED IN FL&MA Assessment Rolls and scheduling Public Hearing; "ALSO ADMITTED IN CT ALSO ADMITTED IN NJ • Public Hearing scheduled for objection or comment on benefit assessment rolls for Monday, October 19, 2015 at 7:30 pm; • Notice of Public Hearing must be published in Poughkeepsie Journal on October 8, 2015 and Southern Dutchess News on October 7, 2015; (Note — Notice of Public Hearing must be -1- 8.13.a Packet Pg. 87 sent to So. Dutchess News on or before Friday, October 2, 2015 for Publication on October 7, 2015); 3. Public Hearing for comment on the Proposed Benefit Assessment Rolls for Fiscal Year 2016 for Special Improvement Districts and Special Improvement Areas scheduled for Monday, October 19, 2015 at 7:30 p.m.; • See above for publication requirements; 4. Resolution Adopting Final Benefit Assessment Rolls for Special improvement Districts and Special Improvement Areas for Fiscal Year 2016; • to be adopted on Monday, October 19, 2015; Resolution Setting Public Hearing on the Proposed O&M Charges, Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2016 and to Hear Any Objections Thereto; • scheduled for adoption on Monday, October 19, 2015; • Public Hearing scheduled for Monday, November 2, 2015 at 7:30 pm; • Notice of Public Hearing to be published in the Poughkeepsie Journal on October 26, 2015 and Southern Dutchess News on October 28, 2015; (Note — Notice of P.H. must be sent to So. Dutchess News on Friday, 10/23 for publication on 10/28); 6. Public Hearing to Hear Any Objections to the Proposed O&M Charges, Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2016; • Public Hearing scheduled for Monday, November 2, 2015 at 7:30 pm; Preliminary and Final Budget: Town Law § 106 requires the Supervisor to submit the Tentative Budget to the Town Clerk on or before September 30. Town Law § 106 also requires that the Town Clerk deliver the Tentative Budget to the Town Board on or before October 5 at a regular or special meeting of the Town Board. 7. Delivery of Tentative Budget to Town Board by Town Clerk Monday, October 5, 2015 at 7:30 p.m. at Special Meeting. (No Resolution) Resolution Approving Preliminary Budget for Fiscal Year 2016 and Directing a Public Hearing Thereon; • Resolution scheduled for adoption on Monday, October 19, 2015; • Public Hearing scheduled for Monday, November 2, 2015 at 7:30 pm; Note — Notice of Public Hearing must be published at least 5 days before the Public Hearing — must coordinate with publication dates of Southern Dutchess News. Public Hearing Notice must be delivered to Southern Dutchess News on or before October 23, 2015 for publication on October 28, 2015 Notice of Public Hearing to be published in Poughkeepsie Journal on October 26, 2015 and in the Southern Dutchess News on October 28, 2015; -2- 8.13.a Packet Pg. 88 9. Public Hearing on Preliminary Budget (Monday, November 2, 2015 at 7:30 pm) immediately following Public Hearing for budgets of Special Districts and Special Improvement Areas; 10. Resolution Adopting O&M Charges and Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas; • scheduled for adoption on November 2, 2015; • must be adopted no later than November 20, 2015 and prior to adoption of annual budget; 11. Resolution Adopting Annual Budget; • scheduled for adoption on November 2, 2015; • must be adopted no later than November 20, 2015; Please Note: The Public Hearing on the Benefit Assessment Rolls and the Budgets for the various Special Districts is scheduled for Monday, October 19, 2015 at 7:30 pm. If there are an, material chantrt.o. to the capital budgets for 4i1..e Special Districts/Improvement icts�rprVVement Areas, the amount of the Final Annual Budget will have to be changed accordingly. If there is the slightest question, please contact me. Joe Paoloni will have to coordinate the introduction of the various Resolutions with the required publication dates in the Southern Dutchess News. Very truly yours, STENGER, ROBERTS, DAVIS & DIAMOND, LLP P��.�77AM ALBERT R ROBERTS APR/so Enclosures cc: Hon. Joseph P. Paoloni, Town Clerk (w/enc.) Fredrick Awino, Town Accountant (w/enc.) Christian Harkins, Town Assessor (w/enc.) -3- 8.13.a Packet Pg. 89 SITE IMPROVEMENT PERFORMANCE BOND 973-731-7650 (P) 973-731-7889(F) 'IThereas, the Principal has entered into an agreement with, TOWN OF WAPPINGER as Obligee, guaranteeing only that the Principal will complete site improvements for certain site plan entitled INSTALLATION OF A GEO GRID STRUCTURAL LANDSCAPING BERM AT 1162-1176 ROUTE 9, WAPPINGER FALLS, NY all of which improvements shall be completed on or before the date set forth in the agreement. Now, therefore, the condition of this obligation is such, that if the O8rned Principal shall carry Out all of the terms of said Developer's Agreement relating to the construction of site i[nprOvGnOen13 only, all within the time Set forth in said Developer's AgneSDlent, then this obligation shall be null and void, otherwise to remain in full force and effect. This bond is not t[@Oshyr8b|e or assignable, nor are the rights and obligations of the Principal or the Obligee transferable or assignable. No party other than the Obligee shall have any rights hereunder as against the Surety. The surety Sh8U have the right to COnno|ete the vvO[k in 8CCord8nC8 with the terms and conditions of the original approval as expressed in the Developer's Agreement, whether with its Ovvn employees or in conjunction with the Principal Or another contractor; pnnvided, hovv8wBr' that the SUr8tv' in its eo|S dioor8tiOn, may make a monetary settlement with the municipality as an alternative to completing the work. The aggregate liability of the Surety of the Bond C)b|ig@dOn set forth herein oh8U not exceed the penal sum hereof for any C8uo8 or reason whatsoever, inclusive of attorney's fees or other costs. Exclusion: This bond and any related bonds donot cover site improvements that have been performed by princi nnvement9/h8th8vebeenperfonnedbvprinci 8/priorb}bhe issue date Ofthis bond. Exclusions include contaminated soil GSwell. J..'SURETY EMBOSSED CORPORATE SEAL MUST " PPEAR ON BOND FORM AND POWER OF ATTORNEY WITNESS � = THE SERVICE INSURANCE C =BOND,NO-6664N 10.1.a THE SERVICE INSURANCE COMPANY, INC. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRE,,$ENTS: That THE SERVICE IN$URANCE COMPANY, IMC ;, 80 Main Streeti #33"0, West Orange, 07052, a corporation of the State of New Jersey, pursuant,to authority granted by Article;VIII ,'Section 7 of tho=Ey-haws of said Company, which reads follows: "CONTRACTS. The Board of Directors may authorize any officers, to execute any surety bond instrument in the name of and on behalf of i corporation, and such authority may be general or confined to specific instances. " Does "hereby romirate; ;constitute and appoint E31en T Burger and ;lames S, Burger, its true::and lawful agents and Attorney(s)-in-Fact,,to ma execute, seal and delivex; for, :and on its; behalf as surety; and its aet and deed' any and all bond updertakings, no ono bond; to=exceed an" aggregated per sum liability "of $5,000',000.00 (Five Million Dollars). mnale;,, epnsmute , anQ; appoint .A ' trance„Agency as its true<and lawful agents ("Outside Agerl s")'and Atto' ey(s)-,in_Fact to make, execute a on ,behalf of the Company o,',;'any Obligee for a payenen� /or `performance bond not to ;exceed an aggregated penal s Does hereby,nominate, eonstitute,and appoint said Outside Agents as Limite&Attorney to Fact; to make„execute, seal and deliver for and on its behalf i 6i"onds not to,exceed: $40' 00/6/ n face_ utnouni nd ii O (” ),any and all:otherbond undertakings not to exceed 1,®00,000 in aggregate penal sum, llablhty Said Outside Agents` "shah obtairi,prior approval oonfirmed in wi'ii:m ,fro n the Company with'°a bond number,provided l y the Company's'home office prior"to issuing any bonds. Said Outside Agents'by executing the attached band; hureliy"represent and warrant uiider aath that the=Company has granted him/her prior approval and furnished the bond number for the attached bond, which has been logged and recorded at the Company's home office, TheCompany shall not cover, honor or pay any claims for unauthorized bonds, and the Obligee may confirmthe validity pf the attached bond on reeei by contactingCopa'igy on v✓ritang at 973 731`®759 (fax) or 36urger@servacensuraiacec;®mpany Com. IN WITi�dESS WHEREOF, the said Treasurer ar% e%h President havereunto subseribed their naings and affixed the Corporate Seal of the said Thi Service Insurance Company, Inc., this 4`h day of November, AD, 2013 On this 4th d'ay of November A;D. 2013, before the subscribed; .a Notary Public of the State of,New Jersey, duly cotinmissioned and qualif Caine the above named Treast'rer and President of The Service Insurance Company, Inc"", to me;personally known to be the mdw duals aril officers descril in and who" oxecuted `%the"preceding insri•uument; and they each acknowledge `the execution of the same,'and being by'me duly�swom'sevetall'y :and each himself deposeth the saith, that they are the said officers of the Company aforesaid, and that the seal is affixed to the preceding'instiuiii nts; is'the Corpoi Seal of,said Company, and that the Corporate Seal and their,signatures,as such officers were duly affii ed and subscribed to' the, said instrument by authority and'd�rection'ofthe said Corporation 1 �6 A I w JLIC N try Public in th State of New Jerse C.: Cti iJ JERSEY Nqy Ccrrimis�ian'Ct'lres June 04, 20,17 CEI2TIFiCAI n I, the, undersigned, President of The Service:Insurance Company; Inc.; The Company, do hereby certify that the original "Power of Attorney which the forgoing is full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the President v executed the said Power of Attorney was specially authorized by the Board of Directors to appoint any Attorney in Fact as provided in Article VIII, Sect 7; of the By Laws, of The Service Tiisuce mnCo Inc' i is'Certi, cat°, may besignad by €aosii�}ile,,prr4e Tr.and,by ;pithoriiy of the follow lg rosolutid`n of the Board.of Directors of,The Service Insura; Company, Ilia " 10.1.a ,.. Ea Ea , (Statutory Basis) STATEMENT DI_ t' D ASSETS, LIABILITIES SHAREHOLDER'S EQUITY AS OF DECEMBER 31, 2014 ADMITTED ASSETS Cash & Cash Equivalents & Short Term Investments 2,851,252 0 LM Common Stocks 553,766 Bonds Interest Income Receivable 8,105,821 IL Premiums & Agents Balances 81,143 413,757 Amounts Receivable from Reinsureres 314,842 Current Federal Income Tax Recoverable Electronic Data Equipment 9,533 Net Deferred Tax Asset 44,187 TOTAL ADMITTED ASSETS 12,374,301 0 LIABILITIES & SHAREHOLDER'S EQUITY LIABILITIES Losses & Loss Adjustment Expenses 568,136 Other Expenses 299,925 Taxes, licenses & fees 37,566 Federal Income Tax 62,513 Unearned Premiums 852,279 Amounts Withheld or Retained by Company for Accounts of Others 3,951,033 Miscellaneous 103,743 Total Liabilities 5,875,195IL 0 SHAREHOLDER'S EQUITY Common stock, par value $20,00 per share 50,000 shares authorized issued, 32,000 shares outstanding as of December 31, 2014 1,000,000 CL Gross Paid -In & Contributed Surplus 839,198 U U Unassigned funds (surplus) 5,698,508cc Treasury Stock (1,038,600) Total Shareholder's Equity 6,499,106 TOTAL LIABILITIES &SHAREH®L®ER'S EQUITY 12,374,301 s UJ STATE OF NEW JERSEY ) SS COUNTY OF ESSEX ) Ja e S. Burger, President of Service Insurance Company, Inc., do hereby certify that the above is a true statement LM of th ssets, liabilities of said Corporation as of December 31, 2014. co J es S. Burger, President MARIA C CERQUEIRA ID #238®.557 � STATE OF NEW JERSEY ) N4TAW( PUBLIC SS STATE 0P NI :W JERSEY COUNTY OF ESSEX ) ti MY Camml4'slah Explres Jurt®04, 2017 , Subscribed and sworn before me, a Notary Public,. St* of New Jersey, in the County of Essex, this 5th day of March, 2015. Packet Pg. 92 No ry Public PERFORMANCE ND for LANDSCAPE INIPROVEMENTS 13OND given this 291" day of'September, 2015 by 3 MWF LLC% c/o Prestige BVIlk,985 Rotile 17 South, Rarnsey. N.1 07446, (the "Obligor"). to the T17" '°'N OF' WAPPINGLIR, a municipal corporattori with offices located at the Town of Wapping er'.Vown liall, 20 Middlebush Road, Wappingers Falls, New York, 12590 (the "Obligee"), KNOW ALL MEN BY THESE PRESENTS, that the Obligor is lield and firnily bound unto the ()bfigec in the SLMI Of'$50,000 the payrnent hereof to Obligee that, said Obligor binds itSeff itS SLICUSSON and assigns, WHEREthe (')bligor, is the owner of lands at 111m2 Route 9, Wappingers Falls, New York, 125,90, Tax L,ot 6157-04-659168 (which now includes former tax lot 6157-04-674155) (the "Property"); and WHEREAS, on the 18"' day of Novernber, 2013, the Planning Board ofthe Town of' Wappinger (the "Planning Board") aclopted a ReSOILItion of` Final Site, Development Plan, Special Use Pennit and NVelland Perulit Approvals fior the c(mistruction uta 18,750 square fool Motor Vehicle Sales E'stablishment oil 4,41 acres in the JIB Zoning District (file "Project") o1i the llroperty,� and W11F]REAS, (in the 33`a da 'a y of' September, 2014, the Planning Board adopted a Final a 0 m Subdivision Approwil Plat ApprwA for Lot Merger consolidatingTax Lot 6157-04-674155 (Lot 4.41 acres in size) and Tax L,ot 6157-04-659168 (Lot 1,91 acres in size) for as combined acreage E 0 of 632-4-/-. IL C WHEREAS', on, the 3`�day of' September, 2014, the Plaiming Board adoptecl all 2) U) Arrlended Site Development Plan. Special Use Permit and Wetland Permit Approvals f(.)r tile E I Packet Pg. 93 1 construction of a 18.750 square fbot Motor Vehicle Sales Establishment on 6.32-+/- acres in the fill Zoning District (the Tro lect") on, flie property, and WHEREAS, thereafter a building permit was duty issued for the cons tructi oil of the WHEREAS, on September 21, 2015, the Obfigee appeared before the Town of Wappinger Planning Board to disCLISS issues relating to the Site Plan, and specifically, improvements relating to the landscape berm in the northwest corner of the site; and WHEREAS, the Planning Board at that meeting deterinined that a Ternporary, Certificate of0ccupancy would be considered by the Planning Board at its October 5'h meeting, based UpOrl the condition of'( 1) approval, in consultation with the 'Fown consultants, by the Planning Roard of a plan to properly complete the landscaping irnprovernents of' the berm, and, (�Ii) filing of' a $50,000 perfbrmance bond to secure tar ely completion of'said plan; and v WHEREAS, Obligee desires to open the MINI Dealership as soon as possible and has re(lUested the ToNvri Board to approve the form axid content of the Bond at, its September 29, 2015 meeting, so that the Planning Board Irnay proceed to approve the improveinew plan R)r the C14 U) bennand authorize the issuance ofa Certificate of Occupancy at its October 5. 2015 meeting; a W Certificale of0ccupancy SUI)Jecl to the execution of such approved Perfiarmance Bond Vvi-lich has C 0 been approved in fiorm by the Town Attorney, NOW 'I'll EREF ORE the condition ofthis obligation is such that, if theObligor shall E 0 \veil and truly make and complete. within the finie lirnits set by, the Planning Board at its Otober IL C 5, 2015 ineeting., the ilerns ideroified in the approved plans as supplemented by the iteins set LM U) Izi C 6orth by (lie Planiiing Board at its October 5, 2015 meeting, then this obligation shall be null and 0 E 2 I Packet Pg. 94 1 v(..,)id; otherwise, the obligation shall remain iii full force and effect after said time, The Obligor shall at all times, provide the Obligee with such security as the Obligee shall deen,i SUffiCiCilt. In furtherance of this covenant, the Obligor has delivered to the Obligee a Pertbrinance Bond in the aniount of' $50,000 issued by The Service Insurance Company, Inc.., 'West Orange NJ 07051 a copy of which, is attached hereto, "Rie Obligor covenants and warrants to the Obligee in the event the Obligor fails to fully perform and complete the said improvements within 60 days hereof or at such earlier time required by, the ],)lanning Board at its October 5, '.201 i-neeting., thC1-1 L41)01.1 the demand of the Obligee the Obligee shall have the right to call upon this Bond in an amount equal to the cost to complete the said improvements in accordance with the plan approved by the Planning Board at the October 5, 2015 meeting. It is understood that the Town shall have the right to use said security to\vard the co nipletion of the said improvements (as detern-iined in (lie sole judgment of the Zoning Administrator) upon the det"LlUlt of" the Obli-ee to remedy the same after the first giving written 1� notice to the Obligee to do so within thirty ('30) days of receipt of said notice from the 'Town, Upon completion of' the iniprovernents in accordance -with said plans, as determined by the Zoning Administrator, the Obhgee shall issue a release of the Bond upon request of the Obfigor, at which firne and upon which event [lie Obligor shall be fully released and discharged From ativ and all further fiability or cluty in the respect to this Perfiormance Bond, I I I Packet Pg. 95 1 IN WITNESS WHEREOF, the undersigned by executed this Agreement this A, clay -L' Y . . ........ . By: Chris Turner, Member STATE (.)F'NEW.JERS1`1Y ) SS: COUNTY O11j3'Cr-'y!0:72—..-') On the _Yday of'_"�Oiem4e ill the year 2015 before rne personally appeared Chris Turner., Personally known to me or proved tomeon the basis of'satisfactory evidence to be the individual whose name is Subscribed to the within instrument and acknowledged to me that lie executed the same in his capacity, and that by, his signature on the instrument, the individrlal. or the person upon behall"ot"which , the individual acted, eXCCUted the instrument, and that such individual, made SUCII appearance before the undersigned in the (insert City or other political subdk,ision) New Jersey, JENNIFER MARE APPLEGAI-� ", ARY'PMJC,,, OF NENERSEY My C4mMb*O Exphm &7/2018 M I Packet Pg. 96 1