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2015-11-23Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, November 23, 2015 7:30 PM Town Hall IV. Call to Order Attendee Name Barbara Gutzler William Ciccarelli William H. Beale Ismay Czarniecki Michael Kuzmicz Joseph P. Paoloni Grace Robinson Vincent Bettina 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 Town of Wapping Consultant Consultant Adoption of Agenda Accept Minutes 1. Motion To: November 4th, 2015 Title Supervisor Councilman Councilman Councilwoman Councilman Town Clerk Deputv Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarniecki 2. Motion To: November 9th, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarniecki Status Present Absent Present Absent Present 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 Town of Wappinger Page I Printed 1211412015 Regular Meeting V. Correspondence Log Minutes November 23, 2015 RESOLUTION: 2015-242 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log . . Ah 1 1 it rr A N J.1 MA uorres onaence LSDg -&10-11 -Z Amber To From Date Date Ate¢' Ate: A eiida Date 11-23-881 Towii Board Chelsea Fire District 1114/2815 1111/2815 Legal Notice of Aiiajal Elect u / Dec 8,2015 11/23/2815 11-23-882 Towii Board Hp hsoii4de Fire District 111412815 111112815 Hp hsoii4de Fire District 13pd et 2816 1112312815 11-23-883 Towii Board Lhicla Walters 1119/2815 1118/2815 Retiremeil of Lhida Walters 1 Jail. 7,2816 110015 11-23-881 Towii Board Heather L- Uclieii 11/12/2815 11/12/2815 Justice Re orf for the Muth of October 2815 11/23/2815 11-23-885 Towii Board Ghia Chia+velli 111912815 11/1812815 Re pest for 2 Officers for Security 1215 -1218 11/23/2815 11.23-886 Albert P. Roberts Pamela Goldstehi 1113 815 1111812815 Cable A reemeil by TOW a7tt Verizoii 11012015 11.23-882 Su ephor Gptzler Doultt Cappdhiio 11/ 12815 11/1812815 Jaleh, LOHuttsoii Valley b h iii /PILOT 11012015 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 -2015-242 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as Amended Barbara Gutzler ............. Voter Q ❑ ❑ ❑ ❑Defeated William Ciccarelli ................... care..................... Voter ,... Voter .................................................................................... o o ❑ Q ❑ Tabled William H. Beale Seconder Q ❑ ............... ❑ ❑ .. ❑ Withdrawn Ismay Czarniecki Voter ........... ❑ ❑ .............. ❑ ............. Q ........ Michael Kuzm icz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York November 23, 2015 The Resolution is hereby duly declared Adopted. VI. Public Portion 1. Motion To: Open the Public Portion Mary Schmalz asked about a letter in the correspondence log addressing the town of Wappingers Falls. She informed that it is the Town of Wappinger. Councilman Beale asked why the grievance was addressed to the Clerk and not indicated as confidential. Councilman Kuzmicz commented that the grievance board should have known better. Attorney Roberts said that he would confer with Attorney David Wise to rule on this. Councilman Beale motioned to remove it from the correspondence log. Councilman Kuzmicz seconded and the motion passed. Town of Wappinger Page 2 Printed 1211412015 Regular Meeting Minutes November 23, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki 2. Motion To: Close the Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki VII. Public Hearings A. Extension Number 4 to the United Wappinger Sewer District 1. Motion To: Open Public Hearing Attornev Richard Cantor anneared on behalf of his client to summarize and ask for RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki 2. Motion To: Close Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki B. Extension Number 5 to the United Wappinger Water District 1. Motion To: Open Public Hearing Town of Wappinger Page 3 Printed 1211412015 Regular Meeting Minutes November 23, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki 2. Motion To: Close Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki VIII. Discussions 1. Motion To: Castle Point Backstop Repair/replacement: Buildings & Grounds Steve Frazier commented on the trees at Schlathaus and their removal. He received two quotes, one from Baisley Tree Service for $2,700 and one from Red Cedar for $2,900 so he recommended Baisley Tree service. No documents were filed with the town clerk, thus no document is attached. He explained that the backstop and Castlepoint park and suggested replacement. DeCarr fence for $6,200 and Security Systems for what he estimated was $6,900 as he said that he didn't bring his notes. Councilman Kuzmicz moved to go with the low bidder. An email was sent from Steve Frazier and the document is attached He added that there are storage items at Carnwath. He asked to dispose of them. Councilman Beale suggested itemizing the item to be disposed and put it in a resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki 2. Castle Point Backstop Bids 3. Motion To: DCSO coverage for Pinewood School of Dance Pinewood Dance Company is requesting 2 officers for security for 2 dates, December 5th one officer from 6-1OPM and one from 7-11 PM; and, one on December 6th from 1-5PM and 2-6PM. The board motioned and approved. Town of Wappinger Page 4 Printed 1211412015 Regular Meeting Minutes November 23, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki 4. Motion To: Road Inventory 5. Superintendent Bettina mentioned that several roads were maintained by the town but never made it to the NY State road inventory. He mentioned that He has to get it to the state to get funding. He asked the Supervisor to draft a letter for the bonding for the equipment that he needs. The board authorized Attorney Roberts to put the documents in place. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki FEMA update Engineer Gray explained that he received comments from the vendor for FEMA which he is reviewing. He digested those comments and he will be resubmitting December 2nd or t3rd with the response to those comments. Councilman Beale commented that recent emails from local residents were rude. He added that they have bent over backward at the county level to provide mapping data and GIS and has better data than FEMA even had yet he objected to the tenor of these emails. Councilman Kuzmicz added that the town has spent hours and hours on this. The engineer said that they were dealing with the subcontractor of FEMA. Councilman Beale said, "There's an individual that built an entire campaign on trying to state that the town's not doing anything, Mr. Slade? Mr. Slade raised his hand to speak. Councilman Beale said, "I'm curious to know what your take is on this? I've read your emails sir and quite honestly they're disrespectful." Resident Slade responded, "Excuse me, I did not write any of those 'Disrespectful' emails, correct? Correct? Can you answer that question? He added, "What my friends and neighbors are referring to is a lack of communication. You and Councilman Kuzmicz said that you have done everything and behind the scenes, you have not communicated." Councilman Beale asked, "What have we not done, sir? Mr. Slade said, "Ask my friends and neighbors". Supervisor Gutzler attempted to gain control of the meeting saying that this is not the forum for any kind of debate here. Mr. Slade added, "I will not stand here and be accused by the town council." Councilman Beale said, "You ran a political race saying that the town's not doing anything to help the residents with their FEMA issues." Mr. Slade responded, "No I did not, I never once mentioned the FEMA issue." Councilman Beale thanked him and Mr. Slade sat down. Mr. Slade added, "Without the group of people you are referring to, the County would not have received the funding for some of those resources." The board said that the town has not received any funding. Councilman Beale said, "We are not received any Town of Wappinger Page 5 Printed 1211412015 Regular Meeting Minutes November 23, 2015 funding for mapping, sir." Supervisor Gutzler said that the town is not receiving anything. Mr. Slade said, I'm not saying the town, I'm saying the county." Supervisor Gutzler said, "I'm not aware of the county. Councilman Beale said, "The County has not, sir. I oversee every dollar that the county...." Mr. Slade interjected, "Somehow or another we're getting erroneous information or not getting enough information from the town or the county or FEMA." Supervisor Gutzler directed her attention to Mr. Slade saying, "None of these emails that I received came from you". Councilman Beale said, "I'm sure you had nothing to do with writing these emails." Mr. Slade said, "I did not." Mr. Slade added, "None of these emails came from me, you did not see that." Supervisor Gutzler said, "OK, thank you Keith." She added that the town has done their filings, we have provided the extra information and it will be sent in in the next couple of days. Councilman Beale said, "These are all things that town is not obligated to do. We are going out of our way to try to help these residents, and this is the type of gratitude we receive." 6. Motion To: Hudson Valley Pilot Agency Councilman Beale spoke of having a pilot at the old Southeast Container building with a potential tenant. Councilman referred to a page 11 of a document. Councilman Beale asked if the school district had to approve this tax exempt status. Attorney Roberts said that once the industrial development agency takes over, they are exempt from taxes. He added, "That's what the pilot is, it's a payment in lieu of taxes to start next year." Councilman Beale said that it's based on an assessed value of $9.2 million dollars. Councilman Beale motioned to endorse the pilot program RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki IX. Resolutions RESOLUTION: 2015-243 Resolution Authorizing Construction of Landscape Planter around Town Hall Sign WHEREAS, a repurposed sign was installed in front of the Town Hall replacing the previous Greenway sign in 2012; WHEREAS, the repurposed sign previously featured a landscape planter around the base of the sign for the purpose of planting flowers and protecting the base of the sign; WHEREAS, as per the Town of Wappinger Procurement Policy, oral quotes from three vendors were obtained with Lehigh Lawn and Landscaping providing the most value for this project; NOW, THEREFORE BE IT RESOLVED that the Town of Wappinger award Lehigh Lawn and Landscaping with the contract as per Estimate 480 10-1915 dated October 18, 2015 in the amount of $5,000. Town of Wappinger Page 6 Printed 1211412015 Regular Meeting Minutes November 23, 2015 FURTHER RESOLVED, that this expense be funded through A.1010.0405 - Town Board Contingency. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-243 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William Ciccarelli .................... Voter.... ................ ........I ....... ❑...... .................❑ ....... ,....... Q..... Q Tabled William H. Beale Mover Q ❑ ❑ , ❑ ❑ Withdrawn Ismay Czarniecki ...................... Voter..... .......❑........,........❑ ..... ❑........,....... Q..... Next: 12/14/15 7:30 PM Michael Kuzmicz Seconder Q ❑ ❑ ., ❑ Dated: Wappingers Falls, New York November 23, 2015 The Resolution is hereby duly declared Tabled. RESOLUTION: 2015-244 Resolution Authorizing Purchase of New Flags for Town Hall Meeting Room, Court Room and Outdoor Ceremonies WHEREAS, the flags in the town hall and town court have not been replaced in several years and due to wear and tear need to be replaced; WHEREAS, there is currently a `mix and match' of flag poles within the town hall that should be standardized; WHEREAS, an indoor flag pole was used outdoors for the Veteran's Day ceremony and broke; NOW, THEREFORE BE IT RESOLVED that the Town of Wappinger appropriate the following funding for purchasing new flags for indoor and outdoor use: (4) 8 foot Joined Oak -Finish indoor flag poles with flag & base $198.00 each (2) 8 foot outdoor flag poles with flag & heavy base $198.00 each FURTHER RESOLVED that this expense will be funded through A.1010.0405 - Town Board Contingency. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-244 Yes/Aye No/Nay Abstain Absent ❑ Adopted Q Adopted as Amended Barbara Gutzler Voter ..,.... Q .. ........ ❑ .. ........ ❑ .. .. ........... ❑ ❑ Defeated William Ciccarelli„ Voter ❑ ❑ ❑ Q ❑ Tabled WillH. Beale ................. Mover...,....... Q ..... ❑ ......,...... ...... ❑ .... .... ❑ .. ...... . ❑ Withdrawn Ismay Czarniecki ..................... Voter ......... o ................ o ............. ❑ ................ Q Michael Kuzmicz Seconder Q o o ❑ Dated: Wappingers Falls, New York Town of Wappinger Page 7 Printed 1211412015 Regular Meeting November 23, 2015 Amended. Minutes November 23, 2015 The Resolution is hereby duly declared Adopted as RESOLUTION: 2015-245 Resolution Authorizing Central Hudson To Change Street Light Fixtures That Are In Need Of Repair Or Replacement With Equivalent Led Fixtures WHEREAS, on behalf of the Lighting Districts, the Town of Wappinger has several Lighting Districts located within the Town; and WHEREAS, the Town leases street lights with fixtures from Central Hudson, the Town's electric service provider; and WHEREAS, the New York State Public Service Commission (PSC) granted approval to Central Hudson to offer municipalities the option to lease high efficiency Light Emitting Diode (LED) street lights; and WHEREAS, Central Hudson is seeking the Town's approval to change existing "Rate A" fixtures in need of repair or replacement with an equivalent LED fixture; and WHEREAS, there will be significant cost savings over the 25 year life of the LED light fixture in accordance with an email forwarded to the Supervisor from Anita Carfora of Central Hudson dated October 9, 2015, a copy of which is affixed hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby approves and authorizes Central Hudson to change existing Rate A fixtures in need of repair or replacement with an equivalent LED fixture at the cost identified in the email affixed hereto. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-245 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑Defeated William Ceccarelli Voter ❑ ❑ ❑ Q ❑ Tabled William H. Beale ..................... Mover.. . ..... Q ......,...... ❑ ... ❑ ......,..... ❑ ... ❑ Withdrawn Ismay Czarniecki Voter ❑ ❑ ❑ Q ., Michael Kuzmicz Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York November 23, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-246 Resolution Awarding Bid For Removal Of Trees At Schlathaus Park Town of Wappinger Page 8 Printed 1211412015 Regular Meeting Minutes November 23, 2015 WHEREAS, Steve Frazier, Town of Wappinger Supervisor of Buildings & Grounds solicited written quotes for the removal of eight (8) large spruce trees encroaching on the buildings at Schlathaus Park pursuant to the Town's Procurement Policy; and WHEREAS, the following bid quotes were received: Company Total James Baisley Tree Service $2,700.00 Red Cedar Arborists & Landscapers, Inc. $2,900.00 WHEREAS, by email dated November 9, 2015 from Steve Frazier, it has been determined that the lowest responsible bid quote is from James Baisley Tree Service with a bid quote in the amount of $2,700.00. 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 removal of eight (8) large spruce trees at Schlathaus Park to James Baisley Tree Service in the bid amount of $2,700.00. 3. The cost of the removal of trees is to be funded from Sclathaus Park budget line 7110.0424. The Town Board hereby authorizes the Supervisor of Buildings & Grounds and the Supervisor to prepare a voucher for payment to James Baisley Tree Service and further authorizes the Supervisor of Buildings & Grounds to notify James Baisley Tree Service 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 -2015-246 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 .... I....... 0. .......I 0. ....... ...... I....... o" ............. Q ........ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York November 23, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-247 Resolution Confirming Acceptance Of Various Town Roads WHEREAS, the Highway Superintendent has raised some concerns regarding why certain roads were not included in a Chips Report and whether or not such roads have, in fact, been properly accepted by the Town as Town highways and/or the Town has assumed operation and maintenance of same pursuant to Orders of New York State Department of Transportation. 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 confirms following: Town of Wappinger Page 9 Printed 1211412015 Regular Meeting Minutes November 23, 2015 A. Farms End Road was deemed accepted as a Town highway pursuant to an Order of the Superintendent of Highways dated December 22, 1998 and approved by action of the Town Board dated December 22, 1998; B. Newtown Road was accepted as a Town road when the Town acquired same by deed from Dutchess County pursuant to a Resolution adopted by the Town Board on August 11, 2008. (Newtown Road was originally accepted as a Town road by deed from Auklo Realty Corp. to the Town of Wappinger by deed dated October 17, 2001 and recorded in the Dutchess County Clerk's Office on January 31, 2004 at document # 02 2004 1914 however, the County acquired same by reason of an unpaid tax lien which resulted in the transfer referenced above.); C. Norman Court was accepted as a Town road pursuant to a deed dated November 21, 1991 and recorded in the Dutchess County Clerk's Office on December 30, 1992 in Liber 1923 at Page 259; D. Erin Sue Drive was accepted as a Town road pursuant to a deed dated June 22, 1995 and recorded in the Dutchess County Clerk's Office on August 7, 2000 as document # 02 2000 6903; and E. Alfreda Drive was accepted as a Town road pursuant to a Resolution adopted by the Town Board on September 22, 2008 however, for reasons unknown, the original deed to said road was never recorded with the original thereof being in possession of the Town Clerk; the Town Clerk is hereby directed to record the deed to Alfreda Drive as soon as practicable after the adoption of this Resolution. The Town Board further confirms that Old Route 9, originally a State road, (and also known in the Town as Old Route 9, Old Post Road, Barrister's Row, Old Route 9 North and Old State Road East), has been turned over to the Town of Wappinger for operation and maintenance pursuant to several Orders of the New York State Department of Transportation, specifically Orders dated August 7, 1933; March 7, 1969 and November 7, 1988, and also pursuant to Resolution of the Dutchess County Board of Supervisors by Resolution 172-1969. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-247 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as Amended Barbara Gutzler ............. .. Voter ..... ...... Q .. .. ❑ ... ..... ❑ .. ❑ ❑ Defeated William Ciccarelli .................................... Voter .............................................................................................. o o ❑ Q ❑ Tabled William H. Beale Seconder ..,.... Q ❑ ............... ❑ ❑ .. ❑ Withdrawn Ismay Czarniecki Voter ❑ ❑ ❑ Q Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York November 23, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-249 A Resolution Making Certain Determinations In Relation To And Finding It To Be In The Public Interest To Establish Extension No. 4 To The United Wappinger Sewer District In The Town Of Wappinger, Dutchess County, New York Town of Wappinger Page 10 Printed 1211412015 Regular Meeting Minutes November 23, 2015 WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed sewer district extension, to be known as Extension No. 4 to the United Wappinger Sewer District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates Engineering Consultants, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the purchase and installation of sanitary sewer collection pipes and pump station, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $59,020, together with the buy -in -fee of $38,400 ($97,420), and WHEREAS, the cost of said improvements shall be paid in full by the owner of the property therein and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is $0, and is the same for a one or two family house therein; and WHEREAS, the estimated cost of said Extension to the typical property, in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $803.79, and is the same for a one or two family house therein; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA" ), the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; SEQRA compliance documentation has been prepared in connection therewith and is available for review in the office of the Town Clerk during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on October 26, 2015, reciting a description of the boundaries of said proposed Extension, the improvements proposed, the $97,420 maximum amount proposed to be expended for said improvements and buy -in fee in connection therewith, the proposed method of payment to be employed, the fact that said, map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 23rd day of November, 2015, at 7:30 o'clock P.M., local time, at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Extension No. 4 to the United Wappinger Sewer District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and Town of Wappinger Page 11 Printed 1211412015 Regular Meeting Minutes November 23, 2015 WHEREAS, said Town Board has duly considered said petition and said map, plan and report and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) The petition for establishment of said proposed Extension No. 4 to the United Wappinger Sewer District was signed and acknowledged or proven or authenticated as required by law and is otherwise sufficient; b) All the property and property owners within said proposed Extension No. 4 to United Wappinger Sewer District, as described in the preambles hereof, are benefited thereby; C) All the property and property owners benefited are included within the limits of said proposed Extension No. 4 to United Wappinger Sewer District; and d) The establishment of said proposed Extension No. 4 to United Wappinger Sewer District is in the public interest. Section 2. The Town Clerk shall, within ten (10) days of adoption hereof, file a certified copy of this resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York. Section 3. This resolution shall take effect immediately in accordance with the provision of Section 194(1) of the Town Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-249 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 Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York November 23, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-250 A Resolution Approving The Establishment Of Extension No. 4 To The United Wappinger Sewer District And The Improvements In Connection Therewith WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed sewer district extension, to be known as Extension No. 4 to the United Wappinger Sewer District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of Town of Wappinger Page 12 Printed 1211412015 Regular Meeting Minutes November 23, 2015 operation thereof, and was prepared by Morris Associates, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the purchase and installation of sanitary sewer collection pipes and pump station, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements and buy -in fee in connection therewith is $97,420; and WHEREAS, the cost of said improvements shall be paid in full by the owner of the property therein and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is $0, and is the same for a one or two family house therein; and WHEREAS, the estimated cost of said Extension to the typical property therein, in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $803.79, and is same for a one or two family house therein; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA" ), the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; SEQRA compliance documentation has been prepared in connection therewith and is available for review in the office of the Town Clerk during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on October 26, 2015, reciting a description of the boundaries of said proposed Extension of No. 4, the improvements proposed, the $97,420 maximum amount proposed to be expended for said improvements and the buy -in fee in connection therewith, the proposed method of payment to be employed, the fact that said, map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 23rd day of November, 2015, at 7:30 o'clock P.M., local time, at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Extension No. 4 to the United Wappinger Sewer District Extension No. 4 to the United Wappinger Sewer District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said petition and said map, plan and report and the evidence given at said public hearing; and WHEREAS, said Town Board has adopted a resolution on this date making the findings and determinations required pursuant to Section 194 (1) of the Town Law; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows in accordance with the provision of Section 194(2) of the Town Law: Section 1. The establishment of Extension No. 4 to the United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York, to be bounded and described as Town of Wappinger Page 13 Printed 1211412015 Regular Meeting Minutes November 23, 2015 hereafter set forth, and the improvements proposed therefor consisting of the purchase and installation of sanitary sewer collection pipes and pump station and, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described, at a maximum estimated cost of $97,420, is hereby approved. The cost of said improvements shall be paid by the owner of the property therein and no serial bonds of said Town shall be issued therefore. Section 2. Said Extension shall be bounded and described as set forth in Exhibit A attached hereto and hereby made a part hereof. Section 3. The Town Clerk shall, within ten (10) days of adoption hereof, file a certified copy of this resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York, and shall cause a certified copy to be duly recorded in the office of the County Clerk. Section 4. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-250 No/Nay„ Abstain„ Absent Q Adopted „Yes/Aye„ ❑ Adopted as Amended Barbara Gutzler .... .. Voter Q ❑ ❑ ❑ ❑Defeated William Ciccarelli .,... William care ..................... .... Voter ............................. Voter ❑ ❑ ........................................ ❑ Q E ........ ❑ Tabled William H. Beale Seconder ..,.... Q ❑ ............... ❑ ❑ .. ❑ Withdrawn Ismay Czarniecki Voter ❑ ❑ ❑ Q Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York November 23, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-251 A Resolution Making Certain Determinations In Relation To And Finding It To Be In The Public Interest To Establish Extension No. 5 To The United Wappinger Water District In The Town Of Wappinger, Dutchess County, New York WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed water district extension, to be known as Extension No. 5 to the United Wappinger Water District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates Engineering Consultants, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the purchase and installation of water mains, valves and hydrants, including original equipment, machinery, Town of Wappinger Page 14 Printed 1211412015 Regular Meeting Minutes November 23, 2015 apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $60,910, together with the buy -in -fee of $25,600 ($86,510), and WHEREAS, the cost of said improvements shall be paid in full by the owner of the property therein and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is $0, and is the same for a one or two family house therein; and WHEREAS, the estimated cost of said Extension to the typical property, in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $427.30 and is the same for a one or two family house therein; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA" ), the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; SEQRA compliance documentation has been prepared in connection therewith and is available for review in the office of the Town Clerk during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on October 26, 2015, reciting a description of the boundaries of said proposed Extension, the improvements proposed, the $86,510 maximum amount proposed to be expended for said improvements and buy -in fee in connection therewith, the proposed method of payment to be employed, the fact that said, map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 23rd day of November, 2015, at 7:30 o'clock P.M., local time, at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Extension No. 5 to the United Wappinger Water District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said petition and said map, plan and report and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) The petition for establishment of said proposed Extension No. 5 to the United Wappinger Water District was signed and acknowledged or proven or authenticated as required by law and is otherwise sufficient; b) All the property and property owners within said proposed Extension No. 5 to United Wappinger Water District, as described in the preambles hereof, are benefited thereby; C) All the property and property owners benefited are included within the limits of said proposed Extension No. 5 to United Wappinger Water District; and d) The establishment of said proposed Extension No. 5 to United Wappinger Water Town of Wappinger Page 15 Printed 1211412015 Regular Meeting Minutes November 23, 2015 District is in the public interest. Section 2. The Town Clerk shall, within ten (10) days of adoption hereof, file a certified copy of this resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York. Section 3. This resolution shall take effect immediately in accordance with the provision of Section 194(1) of the Town Law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-251 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as AmendedBarbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William Ciccarelli „ „Voter ❑ „ ❑ ❑ „Q ❑Tabled W illiam H. Beale .................... Seconder Q ....... ❑ ❑ ❑ ❑ Withdrawn Ismay Czarniecki Voter ............... ❑ ..... ,...... ❑ ......,..... Q ....., Michael Kuzmicz Mover EJ Q ❑ ❑ ❑ Dated: Wappingers Falls, New York November 23, 2015 The Resolution is hereby duly declared Adopted. RESOLUTION: 2015-252 A Resolution Approving The Establishment Of Extension No. 5 To The United Wappinger Water District And The Improvements In Connection Therewith WHEREAS, a written petition has been duly filed with the Town Board of the Town of Wappinger, Dutchess County, New York, in relation to the establishment of a proposed water district extension, to be known as Extension No. 5 to the United Wappinger Water District (hereinafter, the "Extension"), pursuant to Article 12 of the Town Law, which petition, together with a map, plan and report for said Extension (the "map, plan and report") have been filed in the office of the Town Clerk and are available for public inspection; and WHEREAS, said map, plan and report include a map showing the boundaries of the proposed extension, a general plan to serve said Extension, and a report of the proposed method of operation thereof, and was prepared by Morris Associates Engineering Consultants, competent engineers duly licensed by the State of New York; and WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the improvements proposed for said Extension consist of the purchase and installation of water mains, valves and hydrants, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $60,910, together with the buy -in -fee of $25,600 ($86,510), and WHEREAS, the cost of said improvements shall be paid in full by the owner of the property therein and no serial bonds of said Town shall be issued therefore; and WHEREAS, the estimated cost of hook-up fees to the typical property in said Extension is $0, and is the same for a one or two family house therein; and Town of Wappinger Page 16 Printed 1211412015 Regular Meeting Minutes November 23, 2015 WHEREAS, the estimated cost of said Extension to the typical property, in the first year in which operation, maintenance, debt service and other charges and expenses are to be made is $427.30 and is the same for a one or two family house therein; and WHEREAS, said capital project for said Extension and the establishment thereof has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA" ), the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; SEQRA compliance documentation has been prepared in connection therewith and is available for review in the office of the Town Clerk during regular office hours; and WHEREAS, an Order was duly adopted by said Town Board on October 26, 2015, reciting a description of the boundaries of said proposed Extension, the improvements proposed, the $86,510 maximum amount proposed to be expended for said improvements and buy -in fee in connection therewith, the proposed method of payment to be employed, the fact that said, map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 23rd day of November, 2015, at 7:30 o'clock P.M., local time, at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Extension No. 5 to the United Wappinger Water District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 193 of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said petition and said map, plan and report and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) The petition for establishment of said proposed Extension No. 5 to the United Wappinger Water District was signed and acknowledged or proven or authenticated as required by law and is otherwise sufficient; b) All the property and property owners within said proposed Extension No. 5 to United Wappinger Water District, as described in the preambles hereof, are benefited thereby; C) All the property and property owners benefited are included within the limits of said proposed Extension No. 5 to United Wappinger Water District; and d) The establishment of said proposed Extension No. 5 to United Wappinger Water District is in the public interest. Section 2. The Town Clerk shall, within ten (10) days of adoption hereof, file a certified copy of this resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York. Section 3. This resolution shall take effect immediately in accordance with the provision of Section 194(l) of the Town Law. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 17 Printed 1211412015 Regular Meeting Minutes November 23, 2015 ✓ Vote Record - Resolution RES -2015-252 A (General Town wide) B (General Part Town) DB (Highway Fund) T96 (Road Inspection) Camo Yes/Aye No/Nay Abstain Absent Q Adopted Camo Camo ❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated 638.60 William Ciccarelli ........... Voter ................... ❑ ❑ ❑ Q ❑ Tabled William H. Beale ..................... Seconder ..... Q ......,...... ❑ ... ❑ ......,..... ❑ ... ❑ Withdrawn 3,176.55 Ismay Czarniecki Voter ❑ ❑ ❑ Q ., Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York November 23, 2015 The Resolution is hereby duly declared Adopted. X. Town Board Review of Vouchers RESOLUTION: 2015-253 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board - CCC 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 -CCC Vendor A (General Town wide) B (General Part Town) DB (Highway Fund) T96 (Road Inspection) Camo Camo Camo Camo Camo 585.00 Camo 638.60 Camo Central Hudson 66.26 Central Hudson 3,176.55 NYCOMCO 98.00 Pitney Bowes 171.00 Poughkeepsie Journal 171.78 Southern Dut News 54.97 Southern Dut News 59.43 Home Depot 9.34 Home Depot 41.45 Home Depot 32.36 Town of Wappinger Page 18 Printed 1211412015 Regular Meeting Minutes November 23, 2015 Signal Graphics 72.68 Mid Hudson 950.00 Fasteners 456.00 James Baisley 162.08 Meadowbrook Farm 152.90 Expanded Supply Pro 52.42 First Unim Life Ins 192.47 Carquest Freedom Ford 215.50 Coffee Systems 62.05 Frederick Clark Assoc 120.41 Frederick Clark Assoc 996.95 Frederick Clark Assoc Frederick Clark Assoc 1,217.69 Frederick Clark Assoc 202,276.00 Frederick Clark Assoc 460.00 Frederick Clark Assoc Frederick Clark Assoc Celia Sigalow 50.00 Hyzer Tools Dutchess Metal 180.00 Dutchess Metal 20.00 Hillman Signs Cryo Weld Town of Fishkill Town of Fishkill Tilcon Staples Staples 151.98 Staples 5.25 Mirabito Energy Prod Donna Lenhart Reimb 348.80 NYS Retirement Inv 202,276.00 Optimum 59.90 (Cablevision) Wells Fargo 349.24 Wells Fargo 336.76 Aflac Clarence Cary 500.00 George Gumbel 17.75 WB Mason 34.98 WB Mason 140.00 R. Costa Electric 228.34 Big Top Portajohns 110.00 Big Top Portajohns 55.00 Big Top Portajohns 96.00 Don Kortright Town of Wappinger Page 19 Printed 1211412015 112.95 950.00 456.00 162.08 50.65 52.42 169.29 1,515.00 215.50 46.50 120.41 996.95 48.94 1,217.69 101,138.00 202,276.00 460.00 Town of Wappinger Page 19 Printed 1211412015 Regular Meeting Minutes November 23, 2015 Stormwater 825.00 Stormwater Stormwater Stormwater Stormwater Verizon Wireless 622.11 466.87 Hannaford 8.58 Daneen Izzo 30.00 Reimburse ITC Phones 290.25 Delta Dental 1,381.94 292.75 Dutchess Pro Print 16.80 DC Publilc Transit 14,490.00 Dial Tool Rental by Durant 64.47 Jessica Fulton Reimb 247.97 Jessica Fulton Reimb 67.35 Roberts IT Consulting 3,910.00 WM Schultz Constr John Weber 150.00 Totals $228,246.78 $107,259.03 $207,066.50 $825.00 Vendor Camo Camo Camo Camo Camo Camo Camo Central Hudson Central Hudson NYCOMCO Pitney Bowes Poughkeepsie Journal Southern Dut News Southern Dut News Home Depot Home Depot Home Depot Signal Graphics Mid Hudson Fasteners James Baisley Meadowbrook Farm Expanded Supply Pro HWF (Filtration Systems of Hilltop & Atlas) 1,196.45 T16 (Aflac) T92 (Planning LC (Cameli & Zoning Lighting) Escrows) 90.16 Town of Wappinger Page 20 Printed 1211412015 Regular Meeting Minutes November 23, 2015 First Unim Life Ins Carquest Freedom Ford Coffee Systems Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Celia Sigalow Hyzer Tools Dutchess Metal Dutchess Metal Hillman Signs Cryo Weld Town of Fishkill Town of Fishkill Tilcon Staples Staples Staples Mirabito Energy Prod Donna Lenhart Reimb NYS Retirement Inv Optimum (Cablevision) Wells Fargo Wells Fargo Aflac Clarence Cary George Gumbel WB Mason WB Mason R. Costa Electric Big Top Portajohns Big Top Portajohns Big Top Portajohns Don Kortright Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless Hannaford Daneen Izzo Reimburse ITC Phones Delta Dental Dutchess Pro Print DC Publilc Transit Dial Tool Rental by Durant Jessica Fulton Reimb Jessica Fulton Reimb Roberts IT Consulting 165.90 4,213.00 1,338.00 177.00 932.00 540.00 177.00 255.00 750.00 1,550.00 125.00 275.00 Town of Wappinger Page 21 Printed 1211412015 Regular Meeting Minutes November 23, 2015 WM Schultz Constr John Weber Totals Vendor Camo Camo Camo Camo Camo Camo Camo Central Hudson Central Hudson NYCOMCO Pitney Bowes Poughkeepsie Journal Southern Dut News Southern Dut News Home Depot Home Depot Home Depot Signal Graphics Mid Hudson Fasteners James Baisley Meadowbrook Farm Expanded Supply Pro First Unim Life Ins Carquest Freedom Ford Coffee Systems Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Celia Sigalow Hyzer Tools Dutchess Metal Dutchess Metal Hillman Signs Cryo Weld Town of Fishkill Town of Fishkill Tilcon Staples Staples Staples Mirabito Energy Prod 46,586.28 $47,782.73 $165.90 $10,332.00 $90.16 LD (Chelsea LH HMR HWN Lighting) (Hughsonville (Water Meter (Wapp Water Lighting) Replacement) Main- NYCDEP) 355.83 981.03 2,773.45 10,473.35 Town of Wappinger Page 22 Printed 1211412015 Regular Meeting Minutes November 23, 2015 Donna Lenhart Reimb NYS Retirement Inv Optimum (Cablevision) Wells Fargo Wells Fargo Aflac Clarence Cary George Gumbel WB Mason WB Mason R. Costa Electric Big Top Portajohns Big Top Portajohns Big Top Portajohns Don Kortright Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless Hannaford Daneen Izzo Reimburse ITC Phones Delta Dental Dutchess Pro Print DC Publilc Transit Dial Tool Rental by Durant Jessica Fulton Reimb Jessica Fulton Reimb Roberts IT Consulting WM Schultz Constr John Weber Totals Vendor Camo Camo Camo Camo Camo Camo Camo Central Hudson Central Hudson NYCOMCO Pitney Bowes Poughkeepsie Journal Southern Dut News Southern Dut News Home Depot Home Depot $981.03 WF (Fleetwood Water District) 2,208.33 $2,773.45 WH (Watchhill Water District) 1,541.67 $10,473.35 WT (Tall Trees Water District) 3,116.67 $355.83 WU (United Wapp. Water Fund) 74,833.33 115.96 120.47 Town of Wappinger Page 23 Printed 1211412015 Regular Meeting Minutes November 23, 2015 Home Depot Signal Graphics Mid Hudson Fasteners James Baisley Meadowbrook Farm Expanded Supply Pro First Unim Life Ins Carquest Freedom Ford Coffee Systems Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Celia Sigalow Hyzer Tools Dutchess Metal Dutchess Metal Hillman Signs Cryo Weld Town of Fishkill Town of Fishkill 2,327.89 Tilcon Staples Staples Staples Mirabito Energy Prod Donna Lenhart Reimb NYS Retirement Inv Optimum (Cablevision) Wells Fargo Wells Fargo Aflac Clarence Cary George Gumbel WB Mason WB Mason R. Costa Electric Big Top Portajohns Big Top Portajohns Big Top Portajohns Don Kortright Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless Hannaford Daneen Izzo Reimburse ITC Phones Delta Dental Town of Wappinger Page 24 Printed 1211412015 Regular Meeting Minutes November 23, 2015 Dutchess Pro Print DC Publilc Transit Dial Tool Rental by Durant Jessica Fulton Reimb Jessica Fulton Reimb Roberts IT Consulting WM Schultz Constr John Weber Totals $2,208.33 $3,869.56 $3,116.67 $75,069.76 Vendor SH (Watchill SF (Fleetwood SM (Mid SW Sewer) Sewer fund) Point Park (Wildwood Sewer fund) Sewer fund) Camo 8,266.67 9,875.00 13,333.33 Camo Camo Camo Camo Camo Camo Central Hudson Central Hudson NYCOMCO Pitney Bowes Poughkeepsie Journal Southern Dut News Southern Dut News Home Depot Home Depot Home Depot Signal Graphics Mid Hudson Fasteners James Baisley Meadowbrook Farm Expanded Supply Pro First Unim Life Ins Carquest Freedom Ford Coffee Systems Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Celia Sigalow Hyzer Tools Dutchess Metal Dutchess Metal Hillman Signs Cryo Weld Town of Fishkill 11,982.47 Town of Fishkill Town of Wappinger Page 25 Printed 1211412015 Regular Meeting Minutes November 23, 2015 Tilcon Staples Staples Staples Mirabito Energy Prod Donna Lenhart Reimb NYS Retirement Inv Optimum (Cablevision) Wells Fargo Wells Fargo Aflac Clarence Cary George Gumbel WB Mason WB Mason R. Costa Electric Big Top Portajohns Big Top Portajohns Big Top Portajohns Don Kortright Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless Hannaford Daneen Izzo Reimburse ITC Phones Delta Dental Dutchess Pro Print DC Publilc Transit Dial Tool Rental by Durant Jessica Fulton Reimb Jessica Fulton Reimb Roberts IT Consulting WM Schultz Constr John Weber Totals Vendor Camo Camo Camo Camo Camo Camo Camo $11,982.47 SU (United Wapp. Sewer fund) 57,666.67 $8,266.67 $9,875.00 Town Board Hold 89,141.67 81,700.00 355.83 1,196.45 585.00 638.60 10,473.35 $13,333.33 Town of Wappinger Page 26 Printed 1211412015 Regular Meeting Minutes November 23, 2015 Central Hudson 66.26 Central Hudson 7,021.19 NYCOMCO 98.00 Pitney Bowes 171.00 Poughkeepsie 287.74 Journal Southern Dut News 175.44 Southern Dut News 59.43 Home Depot 9.34 Home Depot 41.45 Home Depot 32.36 Signal Graphics 72.68 Mid Hudson 112.95 Fasteners James Baisley 950.00 Meadowbrook Farm 152.90 Expanded Supply Pro 456.00 First Unim Life Ins 405.20 Carquest 52.42 Freedom Ford 169.29 Coffee Systems 62.05 Frederick Clark Assoc 1,515.00 Frederick Clark Assoc 4,213.00 Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Celia Sigalow 50.00 Hyzer Tools 215.50 Dutchess Metal 180.00 Dutchess Metal 20.00 Hillman Signs 46.50 Cryo Weld 120.41 Town of Fishkill 11,982.47 Town of Fishkill 2,327.89 Tilcon 996.95 Staples 48.94 Staples 151.98 Staples 5.25 Mirabito Energy Prod 1,217.69 Donna Lenhart Reimb 348.80 NYS Retirement Inv 505,690.00 Optimum 59.90 (Cablevision) Wells Fargo 349.24 Wells Fargo 336.76 Aflac 165.90 Clarence Cary 500.00 1,338.00 177.00 932.00 540.00 177.00 255.00 Town of Wappinger Page 27 Printed 1211412015 Regular Meeting Minutes November 23, 2015 George Gumbel 17.75 WB Mason 34.98 WB Mason 140.00 No/Nay„ R. Costa Electric Absent 228.34 Big Top Portajohns 110.00 Big Top Portajohns 55.00 Big Top Portajohns Voter 96.00 ❑ Don Kortright ❑ 460.00 Stormwater ,... Voter ............................. Voter 825.00 ❑ ........................................ Stormwater Q E ........ 750.00 Stormwater Seconder ..,.... 1,550.00 ❑ ............... Stormwater ❑ .. 125.00 Stormwater Voter ❑ 275.00 Verizon Wireless Q 1,088.98 Hannaford Mover 8.58 ❑ Daneen Izzo ❑ 30.00 Reimburse ITC Phones 290.25 Delta Dental 1,674.69 Dutchess Pro Print 16.80 DC Publilc Transit 14,490.00 Dial Tool Rental by Durant 64.47 Jessica Fulton Reimb 247.97 Jessica Fulton Reimb 67.35 Roberts IT Consulting 3,910.00 WM Schultz Constr 46,586.28 John Weber 150.00 Totals $57,666.67 $798,046.22 $3,694.00 $801,740.22 $801,740.22 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 November 23, 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 -2015-253 No/Nay„ Abstain„ Absent Q Adopted „Yes/Aye„ ❑ Adopted as Amended Barbara Gutzler .... .. Voter Q ❑ ❑ ❑ ❑Defeated William Ciccarelli ................... care..................... ,... Voter ............................. Voter ❑ ❑ ........................................ ❑ Q E ........ ❑ Tabled William H. Beale Seconder ..,.... Q ❑ ............... ❑ ❑ .. ❑ Withdrawn Ismay Czarniecki Voter ❑ ❑ ❑ Q Michael Kuzmicz Mover Q ❑ ❑ ❑ Town of Wappinger Page 28 Printed 1211412015 Regular Meeting Minutes November 23, 2015 XI. MH Dated: Wappingers Falls, New York November 23, 2015 The Resolution is hereby duly declared Adopted. Items for Special Consideration/New Business Supervisor Gutzler asked to close Town hall at 2PM on Thanksgiving eve. The board did not object. She then mentioned that should the town board cancel the December 28th meeting that all the annual reorganization resolutions need to be ready for the beginning of the year. Councilman Beale mentioned that he had been looking into when the town was settled. Co - Historian Cavacini indicated that colonist from Massachusetts had been exploring Dutchess County. He found that the town was settled in the year 1659 as the first town in Dutchess County settled. Councilman Beale suggested that the new signs reflect this date. Supervisor Gutzler mentioned that she received a notice from Standard and Poors indicating that the town's rating is now AA, which is two steps below the top rating. Executive Session - Legal Advice 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki 2. Motion To: Return from Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki RESOLUTION: 2015-248 Resolution Authorizing Release Of Little League Investigation Memorandum With Town of Wappinger Page 29 Printed 1211412015 Regular Meeting Minutes November 23, 2015 Confidential Information Redacted As Recommended By Attorney To The Town WHEREAS, pursuant to direction of the Town Board, the Attorney to the Town was directed to undertake an investigation into the delay of payments to Wappinger Little League pursuant to the 2015 Contract and also to investigate the Town Clerk's purported investigation into Wappinger Little League payments for the Lomando Tournament; and WHEREAS, said report was completed and delivered to the Town Board on October 22, 2015; and WHEREAS, the Attorney to the Town, in executive session, has recommended that certain confidential information be redacted prior to the release of the report. 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 hereby authorizes the release of the investigation conducted by the Attorney to the Town regarding the above -referenced matters involving the Wappinger Little League and hereby authorizes its release subject to the redactions as recommended to the Town Board in executive session this evening. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2015-248 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as AmendedBarbara Gutzler Voter Q ❑ ❑ ❑ ❑ Defeated William Ciccarelli .................. Voter ............,.... ❑ ....... ❑ ❑ Q ❑ Tabled William H. Beale ............ ... Seconder Q . ❑ ❑ ❑ ❑ Withdrawn Ismay Czarnecki Voter ❑ ❑ ❑ Q .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York November 23, 2015 The Resolution is hereby duly declared Adopted. XIII. Additional Items 1. Motion To: Authorize the Attorney to put together a letter of recomendation Requesting Additional Monies From DEP as laid out by Engineer Councilman Beale cited a memo from the engineer regarding NYC DEP funding that remains until December 31st. No documents were filed with the town clerk, thus no document is attached. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki Town of Wappinger Page 30 Printed 1211412015 Regular Meeting Minutes November 23, 2015 2. Motion To: Authorize Attoney to Begin Lease Negotiations with EMS and The State Police 3. 4. 5. For the purpose of the lease for the State Police and Transcare. No documents were filed with the town clerk, thus no document is attached. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki Motion To: Authorize the Attorney to make some Amendments to the proposed consent order in Connection with Capital Repairs to Mid -Point Sewer District No documents were filed with the town clerk, thus no document is attached. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki Motion To: Authorize Attorney to meet with the County Sheriffs office to discuss THIS plan for 2016 and insure that it is executed Councilman Beale moved that the Attorney meet with the County Sheriffs office to discuss THIS plan for 2016 and insure that it is executed. No plan was filed with the town clerk, thus no document is attached. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki Motion To: Transfer $600 from Line Item A1410.404 to line item A1410.200 Equipment For Deputy Town Clerk Desktop Computer Town Clerk Paoloni asked to get a replacement desktop computer for Deputy Town Clerk Grace Robinson. He explained that she had been using a surplus laptop computer from the Supervisor's recent upgrade earlier in the year. He added that the'town hall meetings' laptop computer used at town board meetings was running Windows XP and was too old to accept the minutes software. He suggested purchasing a new Desktop computer for Deputy Robinson and using the 'hand-me-down' laptop from the Supervisor to replace the `town hall meetings' laptop computer. He asked to transfer $600 from line item A1410.404 to line item A1410.200 Equipment. Councilman Beale motioned and the motion carried. Town of Wappinger Page 31 Printed 1211412015 Regular Meeting Minutes November 23, 2015 6. 7. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki Motion To: Transfer $3,500 from line item A1410.404 to line item A1410.200 equipment for an in-house Recyle Center Label Printer VP495 Town Clerk Paoloni reminded the board that they had approved a purchase for a Recycle Center Label Printer for the 2016 budget in the one-time amount of $3,000 to print in-house label that have been costing the town over $2,000 per year. He noted that labels need to be printed this year and requested that we transfer $3,500 this year from line item A1410.404 to line item A1410.200 equipment start saving on printing costs this year. Councilman Beale motioned and the motion carried. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki Paper Folder and Envelope Inserter Town Clerk Paoloni explained that town processes over 60,000 mail items per year. Approximately 25,000 are produced by the Receiver of Taxes and the Water and Sewer billing department. During billing periods much effort is directed toward folding and inserting using seasonal and part-time help. Over the last five years a total of $72,304 dollars have been spent on seasonal and part-time help who has spent much of their time folding documents and inserting into envelopes along with the help of in-house personnel including help from the Deputy Town Clerk. He received quotes for both a lease cost of $101 per month for 5 years which includes a service agreement; and, a purchase price of $4,095 excluding that service agreement which would cost $595 per month. He noted that if a service agreement was purchased then the lease would be more favorable, however the likelihood of servicing this new machine was improbable. If service was required without a service agreement, then 2 service calls per year would cost the equivalent amount of the yearly agreement approximately $595. However, 10 service calls over the 5 year period would be very unlikely and would render the purchase without a service agreement more favorable. He noted that the receiver of taxes has $9,335 of unexpended funds in the part-time seasonal help line. Town Clerk Paoloni noted that half the charge should come from water and sewer and half from the receiver of taxes budgets and asked for $3,000 to be transferred from each budget center. He asked the board whether they wanted to purchase or lease. Councilman Kuzmicz questioned the need for paper billing at a point in the future. Supervisor Gutzler asked if there was a cancellation charge per the lease agreement. Town Clerk Paoloni promised to get that information for them. The board agreed to take it under advisement. Town of Wappinger Page 32 Printed 1211412015 Regular Meeting Minutes November 23, 2015 XIV. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:53 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarnecki Town of Wappinger Page 33 Printed 1211412015 5.1.a Packet Pg. 34 t LO LO LO LO LO LO Ln ,,.,,TTTrTTr �s000OOOo N \ N \ N \ N \ N \ N \ N \ � M M M M M M M N N N N N N N r r T r T T T T r T r r T r tm Q LO Lr) r O , N N r f N C6 (D i t\ O O 6^` �N ^ W Q r- O �N \ +) �OU i> 0 0\ O U U m i (n N O J a) O c W U : 2 0 (1) U) N U CC: Q a) �_ p C (L) U _0 " O �"-0 " C E ® o a) 0 0 N CD 2 U Q (1) \ U z o E a) n Q e a)��a�._ LO ® in Ln LO U-) LO LC) LO �A r O T O T O T O r O r O T O N N N N N N N 0 d� - N r Oo r Co r 00 T T r T r r r T ® LO LC) LO LO in LO LO 1 d r 0 r 0 r 0 r 0 r 0 Tr 0 0 N N N N N N N R d O N O M O r r r\ r r r T r r r r r r r U .L E N 'A O .V O U d/_U L-E— �.Q _ a) 0 Q (D a) U Co Cu de/ O =3v CD 0 O N m m Co Co O 0 00M0]CoM�-''L 0 0 0 0 Cn a) 0 0 0 0 a) f—I—i—I—I—Q(n 0-0 L d T N Co -,T Lo O I— O O O O O O O E 0 0 0 0 0 0 0 = m m m Co Co Co Co z N r T N r T N r r N r r N r r N r r N r T 5.1.a Packet Pg. 34 t C90) LEGAL NOTICE OF ANNUAL ELECTION OF THE CHELSEA FIRE DISTRICT On December 8, 2015 NOTICE IS HEREBY GIVEN that the annual election of the Chelsea Fire District will take place on Tuesday, December 8, 2015 during the hours of 6:00 p.m. and 9:00 p.m. at the Fire District Headquarters located at 15 Liberty Street, Chelsea, NY, for the purpose of electing one Commissioner for a five (5) year term, commencing January 1St, 2016 and end on December 31St, 2020. All voters registered with the Dutchess County Board of Elections on or before November 16, 2015 shall be eligible to vote. Candidates for District Office must be residents of the Chelsea Fire District and shall file their letter of intent with the Secretary of the Chelsea Fire District at the Chelsea Fire District Headquarters, 15 Liberty Street, P.O. Box 128, Chelsea New York 12512 no later than November 18, 2015. Date: November 4, 2015 Yvonne M. Tompkins, Secretary Chelsea Fire District RIECIEWED NOV .0 4 2015 TOWN OF WAPPINGER TOWN Cw PPI-' 5.1.a Packet Pg. 35 ' OcI468(rev.4/79) 2016 Budget Hughsonville Fire District Town of Wappinger County of Dutchess 90J Jt) JD3 — 5.1.a FILE WITH TOWN BUDGET OFFICER BY NOVEMBER 7th W �� These Estimates were approved on October 26, 2015 NOVO 4 2015 TOWN OF WAPPINGEP rowN rg P:r 4.' Ronald P. Andr ws Chairman William Splli elli r' Commissioner Mark Liebermann Commissioner Erin Beale Commissioner (It is not necessary for the commissioners to sign this budget, if the district secretary completes the following certificate) This is to certify that the Estimates were approved by the Board of Fire Commissioners on October 26, 2015 inda Bravo Fire District Secretary NEW YORK STATE DEPARTMENT OF AUDIT AND CONTROL DIVISION OF MUNICIPAL AFFAIRS ALBANY, NEW YORK Packet Pg. 36 Hnhsonville Fire District 2016 BUDGET SUMMARY Total Appropriations $ 851,638.31 Less: Estimated Revenues $ 1,000.00 Estimated Appropriated Unreserved Fund Balance $ 0.00 Amount to be Raised by Real Property Taxes $ 850,638.31 TAX APPORTIONMENT (to be used when fire district is in more than one town) Town Assessed Valuation Equilization (AV) Rate (ER) Full Valuation (AV/ER) % (1) (1) % (1) Total (2) Apportioned Tax = Total Full Valuation (3) x Real Property Percentage (1)/(2) Tax to be raised %(3) $ %(3) $ %(3) $ 100% $ X Must agree with Budget Summary "Amount to be raise by Real Property Taxes". Town Apportioned Tax m $ Total Apportioned $ I certify that the estimates were approved by the Commissioners of the Hughsonville Fire District on October 26, 2015 Linda Bravo Fire District Secretary NOTE: File with the Town Budget Officer no later than November 7th. 5.1.a Packet Pg. 37 5.1.a Hu6sonville Fire District APPROPRIATIONS Salary- Treasurer Actual Expenditures 2014 Budget as Modified 2015 Preliminary Estimate 2016 Adopted Budget 2016 $ 10,000.00 $ 10,000.00 $ 12,200.00 $ 12,200.00 Salary- Other Other Personal Services A3410.1 Total Personal Services $ 38,524.28 $ 31,325.00 $ 39,800.00 $ 39,800.00 A3410.2 Equipment $ 224,046.12 $228,636.32 $ 208,301.31 $ 208,301.31 A3410.4 Contractual Expenses $ 263,483.63 $398,815.52 $ 406,837.00 $ 406,837.00 A1930.4 Judgments & Claims A9010.8 State Retirement System $ 13,000.00 $ 13,000.00 A9025.8 Local Pension Fund $ 30,000.00 $ 30,000.00 $ 30,000.00 $30,000.00 A9030.8 Social Security $ 2,217.76 $ 3,000.00 $ 3,000.00 $ 3,000.00 A9040.8 Workman's Compensation $ 43,889.11 $ 49,500.00 $ 49,500.00 $ 49,500.00 A9050.8 Unemployment Insurance $ 427.48 $ 1,000.00 $ 1,000.00 $ 1,000.00 A9060.8 . Hospital, Medical and Accident Insurance A9085.8 Supplemental Benefits Pay to Disabled Firemen A9710.6 Redemption of Bonds $ 40,000.00 A97_.6 Redemption of Notes `A97-10 *3 -Interest-on`Bbrids =- =-- =--I-K,720:00;— -- - -- f - ' -- -- A97_.7 Interest on Notes A9901.9 Transfer to Other Funds $ 179,736.11 $ 94,500.00 $ 88,000.00 $ 88.,000.00 TOTALS $ 834,044.49 $ 846,776.84 $ 851,638.31 $ 851,638.31 Packet Pg. 38 3 aV// //Q,�7 —W--,) TOWN OF WAPPINGER TOWN JUSTICE HEATHER L. KITCHEN November 9, 2015 Judge Heather L. Kitchen Judge Carl S. Wolfson Town of Wappinger Justice Court 20 Middlebush Road Wappinger Falls, NY 12590 JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-6070 • (845)297-0145 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1 st and 3rd Thursdays 5:30 P.M. Dear Judge Kitchen and Judge Wolfson: TOWN JUSTICE CARL S. WOLFS At this time I would like to announce my retirement from the position of Deputy Court Clerk in the Town of Wappinger Justice Court effective on January 7, 2016. I would like to thank you both for the opportunity to work with you and the entire Court staff since September 1991. I appreciate the friendship, advice and generosity shown to me over the years. I have enjoyed learning my position and working with a great group of people. I will miss the entire "court crew". Thank you again for everything. Sincerely, �?�� Linda Walters cc: Barbara Gutzler, Town Supervisor Members of the Town Board ;"Z N0V"'..p 9 2015 TOWN OF WAPPINGER Packet Pg. 39 t TOWN JUSTICE HEATHER L. KITCHEN November 12, 2015 '��Ooslli TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-6070 • (845)297-0145 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 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 Hall 20 Middlebush Rd. Wappingers Falls, NY 12590 Dear Supervisor Gutzler and Members of the Town Board: /Z --00q O TOWN JUSTICE CARL S. WOLFSON The following cases were disposed of while I presided over the Justice Court during the month of October 2015: 176 Vehicle & Traffic law matters resulting in $18,807.00 collected, in fines and fees. 15 Penal Law matters resulting in $535.00 collected in fines and fees. 12 Civil matters resulting in $82.75 collected in fees. 9 Termination of Suspension matters resulting in $770.00 collected in fees. 1 Executive Law matter resulting in $50.00 collected in fees I have forwarded a check in the amount of $20,244.75 to the Town of Wappinger on November 2, 2015. Additionally I am holding $22,800.00 in pending bail. Respect ly s mitted, Hea n Town Justice cc: Joseph Paoloni, Town Clerk NOV 1.2, 2015 -OWN OF WAPPINGEF -roaft/N ('w F:"" Packet Pg. 40 LL LU w _.� �m� . m C\l 00 C4 ,t 00 > co C4 C4 V-4 rTI CU C� C� LL C=, 0 1� C� N >11 P-4 co PL 73 UO rn u rIn 0-6 0 con 0 00'' w cq LO 0 CL 0 0 C, 0 CM CM La CD CM co LLJ % CM 1 '4 U CU .0 CN "t 00 Aa CM 4., C� N 'Lod, L"—z u 00 00 V5 u O r� cz 0 W-4 V 0 P-4 cz cz O aj0 V u V� 7� cc Ci cu C14 co LO�� 14-1 C4 - C4 0 LO cu CD �\ n—I O x > 0 C,S �- - Packet Pg. 41 Pamela N. Goldstein Assistant General Counsel 500 Summit Lake Drive, 411 Floor Valhalla, NY 10595 (914) 801-9770 pamela.goldstein@verizon.com By E-mail and U.S. Mail November 3, 2015 Albert P. Roberts Stenger, Roberts, Davis & Diamond, LLP 1136 Route 9 Wappingers Falls, New York 12590 CrY015 ////,5?3—0042 verizonxl ,ECEiVED SUPER\JISCR. OFFICE Re: Cable Franchise Agreement by and between the Town of Wappinger and Verizon New York Inc. Dear Mr. Roberts: Thank you for your e-mail dated October 30, 2015. While Verizon appreciates the request to commence renewal discussions ui the next few months, we believe this request is somewhat premature. As you know, Verizon is currently in the 36 -month "renewal window" in the Town of Wappinger. Therefore, we understand that the Town will undertake its ascertainment to determine the future cable - related needs and interests of the Wappinger community. Because this process is by design a function of the municipality, Verizon will not be a direct participant in the ascertainment process in Wappinger. Verizon's cable franchise in Wappinger does not expire until April 25, 2018 and Verizon continues to operate pursuant to the currently effective terms of that agreement. Sometime during 2016, Verizon will evaluate the legal, financial and regulatory terms of the Wappinger cable franchise and determine the proper next steps. Towards our mutual goal of ultimately reaching a fair and reasonable renewal agreement in Wappinger, Verizon looks forward to receiving the Town's ascertainment report and then considering both the future cable -related needs of the Town of Wappinger and Verizon's business objectives as a cable operator. cc Town Supervisor Barbara Gutzler '. Town Councilman William H. Beale Town Councilman William Ciccarelh Town Councilman Ismay Czarniecki Town Councilman Michael Kuzmicz William Freshwater, Verizon Marie C. Lasota, Verizon Brendon Pinkard, Kerbey Harrington, LLP Paul Trane, Kerbey Harrington, LLP Sincerely, Pamela Goldstein NOV 18 2015 TOWN OF WAPPINOEr Packet Pg. 42 '90/5/093—V0--� CAPPIL1,IN0 & ROTHSCHILD T,T,p RECEIVED ATTORNEYS AT LAW q SEVEN BROAD STREET NOV 1.2 2015 P. O. BOX 390 PAWLING, NEW YORK 12564-0390 SUPERVISOR OFFICE dor TELEPHONE (845) 855-5444 TELECOPIER (845) 855-5895 DONALD CAPPILLINO JEFFREY ROTHSCHILD* POUGHKEEPSIE OFFICE SHANE J. EGAN _ TWO CANNON STREET November 9, 2015 POUGHKEEPSIE, NEW YORK 12601 *ALSO ADMITTED IN CT (845) 471-5535 HOLLY A. HOFFNER PLEASE ADDRESS ALL REPLIES TO THE REGINA WEXLER PAWLING OFFICE 0 PARALEGALS Supervisor Barbara Gutzler Town of Wappinger Mr. Jose Carrion Town Hall Superintendent Wappingers Central School District 20 Middlebush Road 25 Corporate Park Drive Wappingers Falls, New York 12590 Hopewell Junction, New York 12533 0 Honorable Marcus J. Molinaro Mr. Christopher Harkins cm cm s Dutchess County Executive Assessor, Town of Wappinger cm County Office Building s Town Hall 22 Market Street JI 20 Middlebush Road 6th Floor Wappingers Falls, New York 12590 Poughkeepsie, New York 12601 s Re: DC IDA with Jaleli LLC e 2015 PILOT Our File No. 13568 Dear Supervisor Gutzler, Mr. Carrion, Mr. Molinaro, and Mr. Harkins: Please find enclosed in the above matter for filing in your respective offices a copy of the NYS Board of Real Property Services Form RP -412-a, Industrial Development Agencies Application for Real Property Tax Exemption, for this transaction. A copy of the relevant Payment -in -Lieu -of -Taxes ("PILOT") Agreement is attached to form. the NOV 1 8 2015 -TOWN OF �l4PPINGEF, s ?- €A I INA r g '— Packet Pg. 43 Supervisor Barbara Gutzler Mr. Jose Carrion Honorable Marcus J. Molinaro Mr. Christopher Harkins Page 2 November 9, 2015 Thank you for your courtesies. If you have any questions, please do not hesitate to contact me. Very truly yours, Donald Cappillino Attorney for Dutchess County Industrial Development Agency /hah Enclosure cc: Ms. Heidi Seelback, Commissioner of Finance w/enc. Mr. Charles Daniels III, DC IDA Chairman — No enclosure Ms. Lynn Heuermann, DC IDA Chief Financial Officer w/enc. Marcia A. Jacobowitz, Esq. — No enclosure 5.1.a Packet Pg. 44 5.1.a NYS DEPARTMENT OF TAXATION & FINANCE RP -412-a (1/95) OFFICE OF REAL PROPERTY TAX SERVICES INDUSTRIAL DEVELOPMENT AGENCIES APPLICATION FOR REAL PROPERTY TAX EXEMPTION (Real Property Tax Law, Section 412-a and General Municipal Law, Section 874) L INDUSTRIAL DEVELOPMENT AGENCY (IDA) 2. OCCUPANT (IF OTHER THAN IDA) (If more than one occupant attach separate listing) Naive Dutchess Co. Industrial Development Agency Name Jaleli, LLC Street Three Neptune Road City Poughkeepsie, New York 12601 Telephone no. Day (845 )463-5415 Evening Contact Sarah Lee Title Executive Director 3. DESCRIPTION OF PARCEL a. Assessment roll description (tax snap no.,/roll year) 135689-6259-02-841673-0000, 2015 b. Street address 151 Airport Drive c. City, Town or Village Wappinger Street 106 Pierces Road City Newburgh, New York 12550 Telephone no. Day ( 845 561-0300 Evening Contact David Littman Title Managing Member 11 4 d. School District Wappingers Central e. County Dutchess co f. Current assessment $11,000,000 C'. Deed to IDA (date recorded; liber and page) e e 4. GENERAL DESCRIPTION OF PROPERTY (if necessary, attach plans or specifications) a. Brief description (include property use) Warehouse and distribution center U b. Type of construction Renovation and equipping of warehouse and distribution center c. Square footage 261,916 d. Total cost $17,381,000 e. Date construction commenced 2015 f. Projected expiration of exemption (i.e. date when property is no longer possessed, controlled, supervised or under the jurisdiction of IDA) December 31, 2026 5. SUMMARIZE AGREEMENT (IF ANY) AND METHOD TO BE USED FOR PAYMENTS TO BE MADE TO MUNICIPALITY REGARDLESS OF STATUTORY EXEMPTION (Attach copy of the agreement or extract of the terms relating to the project). a. Forinula for payment Payment will be made in -accordance with the schedule attached to Exhibit A of the PILOT Agreement attached hereto and made a part hereof b. Projected expiration date of agreement December 31, 2026 Packet Pg. 45 5.1.a RP -412-a (1195) 2 C. Municipal corporations to which payments will be made Yes No County Dutchess Lyf U Town/City Wappinger b6 U Village Wappinger U 0 School District Wappingers Cenra 0 Li d. Person or entity responsible for payment Name Jaleli, LLC Title Lessee Address 106 Pierces Road Newburgh, New York 12550 e. Is the IDA the owner of the property? W Yes U No (check one) If "No" identify owner and explain IDA rights or interest Telephone (845) 561-0300 in an attached statement. 6. Is the property receiving or has the property ever received any other exemption from real property taxation? (check one) U Yes w No If yes, list the statutory exemption reference and assessment roll year on which granted: exemption assessment roll year pyofthis application,-including-all-atta-chments; has-beenmailed-or-delivered--on------ ---- -----(date)- - - to the chief executive official of each municipality within which the project is located as indicated in Item 3. I, Sarah Lee CERTIFICATION Executive Director L; Name Title Dutchess County Industrial Development Agency hereby certify that the information Organization on this application and accompanying papers constitutes a true statement of facts. November 5, 2015 Date Signature FOR USE BY ASSESSOR I. Date application filed 2. Applicable taxable status date 3a. Agreement (or extract) date 3b. Projected exemption expiration (year) 4. Assessed valuation of parcel in first year of exemption $ 5. Special assessments and special as valorem levies for which the parcel is liable: Date Assessor's signature packet Pg. 46 5.1.a Cappillino & Rothschild Transcript Document 1, 1 0 JALELI, LLC as -and- 0 HUDSON VALLEY LIGHTING, INC. 0 -and- cm cm DUTCHESS COUNTY INDUSTRIAL DEVELOPMENT AGENCY cmM co Uj cm PAYMENT -IN -LIEU -OF -TAX AGREEMENT e cm Dutchess County Industrial Development Agency (Jaleli, LLC/Hudson Valley Lighting, Inc. 2015 Facility) Dated as of November 1, 2015 Town of Wappinger, Wappingers Central School District Tax Grid Numbers: 135689-6259-02-841673-0000 151 Airport Road Packet Pg. 47 Er 5.1.a PAYMENT -IN -LIEU -OF -TAX AGREEMENT THIS AGREEMENT, dated as of November 1, 2015, is by and among JAL LLC, a limited liability company duly organized and validly existing under the laws of the of New York, having an office at 106 Pierces Road, Newburgh, New York 12550 "Company"), HUDSON VALLEY LIGHTING, INC., a business corporation duly organizec validly existing under the laws of the State of New York, having an office at 106 Pierces R Newburgh, New York 12550 (the "Sublessee") and DUTCHESS COUNTY INDUSTR DEVELOPMENT AGENCY, an industrial development agency and a public benefit corpor, of the State of New York having its principal office at 3 Neptune Road, Poughkeepsie, New 12601-5545 (the "Agency"). WITNESSETH: WHEREAS, title 1 of Article '18-A of the General Municipal Law of the State of T York was duly enacted into law as Chapter 1030 of the Laws of 1969 of the State of New (the "State"); WHEREAS, the aforesaid act authorizes the creation of industrial developrr. agencies for the Public Purposes of the State; and WHEREAS, by Title 1 of Article 18-A of the General Municipal Law of the S1 of New York as amended and Chapter 335 of the Laws of 1977 of the State of New Y (collectively the "Act"), the Issuer was created with the authority and power to undertake acquisition, construction, development, equipping and leasing of the Facility defined below; ar WHEREAS, the Facility shall consist of financing the acquisition, renovati( installation, furnishing and equipping of a certain facility (the "Facility") consisting of: (a) an approximately 261,916 sq. ft., one-story warehouse and manufacturi building (the "Building") located on approximately 67 acres of land (t "Land") at 151 Airport Drive, Wappingers Falls (Town of Wappinger), Nf York 12590, bearing Tax Map Grid Number 135689-6259-02-841673-00 including an approximately $8.1 million upgrade to the structure, including, b not limited to, the installation of a new roof, new heating, ventilation and conditioning systems, lighting systems, furnishing of offices and installation equipment all to be used as manufacturing, warehouse and office space, in tl manufacturing of lighting equipment and fixtures (the "Improvements"); an (b) the acquisition and installation of certain equipment not part of the Equipmej (as such term is defined herein) and personal property (collectively, tl "Facility Equipment"; and together with the Building, the Land and t1- Improvements, the "Company Facility") to be owned by the Agency an leased to the Company and the acquisition and installation of new equipmen Page 2 of B Packet Pg. 48 [, e e I 5.1.a machinery and other personal property (collectively the "Equipment") owned by the Agency and leased to the Sublessee to be used as part e Facility. The Facility shall including the following as they relate tc acquisition, renovating and equipping of such Facility, whether or not materials or supplies described below are incorporated into or becom integral part of such Facility: (i) all purchases, leases, rentals and other us tools, machinery and equipment in connection with the acquisition, renov and equipping of the Facility, (ii) all purchases, rentals, uses or consumptic supplies, materials and services of every kind and description use connection with the acquisition, renovation and equipping of the Facility, (iii) all purchases, leases, rentals and uses of equipment, machinery and ( tangible personal property (including installation costs with respect the; installed or placed in, upon or under such Facility; and WHEREAS, the Company has agreed to lease that portion of the Fac consisting of the Land, Building and Improvements to the Agency pursuant to a certain Coml Lease dated as of November 1, 2015, by and between the Company and the Agency "Company Lease") and to convey all the Company's right, title and interest, of whatever king and to the Facility Equipment to the Agency pursuant to a Bill of Sale from. the Company tc Agency, dated the date of the Closing (the "Bill of Sale"); and WHEREAS, the Agency has agreed to sublease and lease the Facility to Company pursuant to a certain Lease Agreement, dated as of November 1, 2015 (the "Lf Agreement"); and WHEREAS, the Company has agreed with the Agency, on behalf of the Age and as the Agency's agent, to acquire, renovate, furnish and equip the Facility in accordance N the Plans and Specifications; and WHEREAS, the Company has agreed to sub -sublease the Company Faci pursuant to a certain Sublease Agreement, dated November 5, 2015 (the "Sublease Agreemen - by and between the Company, as sublessor, and the Sublessee; as sublessee; and WHEREAS, the Equipment will be leased by the Agency to the Sublessee pursu to the terms of the Equipment Lease Agreement, dated as of November 1, 2015 (the "Equipm Lease Agreement"), by and between the Agency, as lessor, and the Sublessee, as lessee; and WHEREAS, pursuant to Section 874(1) of the Act, the Agency is exempt from payment of taxes and assessments imposed upon real property owned by it, other than special valorem levies, special assessments and service charges against real property located in the To of Wappinger (including, any existing incorporated village or any village which may incorporated after the date hereof, within which the Facility is or may be wholly or partia located) which are or may be imposed for special improvements or special district improvemen and Page 3 of 13 Packet Pg. 49 5.1.a WHEREAS, the Agency, the Company and the Sublessee deem it necessary proper to enter into an agreement making provision for payments in lieu of taxes and assessments by the Company to the Town of Wappinger, any existing incorporated village or village which may be incorporated after the date hereof, within which the Facility is or may wholly or partially located, Dutchess County, Wappinger Central School District and appropi special districts (hereinafter the "Taxing Authorities") in which any part of the Facility is or be located. NOW, THEREFORE, in consideration of the foregoing and in consideratio. the covenants herein contained, it is mutually agreed as follows: 1. (a) As long as the Lease Agreement is in effect, the Company and Sublessee, jointly and severally, agree to make payments in lieu of all real estate taxes assessments (in addition to paying all special ad valorem levies, special assessments and ser charges against real property located in the Town of Wappinger which are or may be imposec special improvements or special district improvements) which would be levied upon or respect to the Facility if the Facility were owned by the Company exclusive of the Agen leasehold interest therein (the "Taxes on the Facility"). The amounts of such payments method for calculation are set forth herein in Exhibit A, annexed hereto and made a part here( (b) In each tax year during the term of this PILOT Agreement, commencin4 the first tax year following the date on which a certificate of occupancy shall have been issue( the Town of Wappinger for the occupancy of a building on each of the Lots individually, amount payable by the Company and the Sublessee to the Receivers of Taxes on behalf of e Taxing Entity as a payment in lieu of property tax pursuant to this PILOT Agreement shall be amounts set forth on Exhibit A attached hereto and made a part hereof. (c) The Company and the Sublessee, jointly and severally, shall pay, or to be paid, the amounts set forth in paragraph 1(b) above, after receipt of invoices from the Age or the Taxing Authorities, as the case may be. Failure to receive an invoice shall not relieve Company or the Sublessee of their respective obligations to make all payments provided hereunder. If, for any reason, the Company and/or the Sublessee do -not receive an -appropr invoice, the Company and the Sublessee shall have the responsibility and obligation to make reasonable inquiries to the Agency and the Taxing Authorities and to have such an invoice issi and thereafter to make payment of the same no later than the due dates provided herein. Payml shall be made directly to the Agency. Payments made after the due date(s) as set forth in applicable invoices shall accrue interest (and penalties) at the rates applicable to late payment taxes for the respective Taxing Authorities and as further provided in the General Municipal L including Section 874(5) thereof, which currently provides for a penalty of five percent (5% the amount then due and interest, at the rate of one percent (10/6) per month on payments more t one month delinquent. (d) During the term of this Agreement, the Company and the Sublessee s continue to pay all special ad valorem levies, special assessments, and service charges lei against the Facility for special improvements or special district improvements. Page 4 of 13 Packet Pg. 50 5.1.a (e) In the event any structural addition in excess of the estimated 261,916sc foot structure now existing on the premises or any additional building or improvement sha constructed on the real property described on Exhibit B hereto (such structural additions, built and improvements being referred to hereinafter as "Additional Facilities"), the Company ant Sublessee agree to make additional payments in lieu of taxes to the Agency in amounts as set: in Exhibit A. 2. In the event that the Agency's leasehold interest or any part there( terminated at such time in reference to any taxable status date as to make it impossible to I such Facility or part thereof on the tax rolls of the Town of Wappinger, Wappingers Central Sc District, any existing incorporated village or any village which may be incorporated after the hereof, within which the facility is or may be, wholly or partially located, or appropriate spf districts, as the case may be; by such taxable status date, the Company and the Sublessee, joi and severally, hereby agree to pay at the first time taxes or assessments are due following taxable status date at which such Facility or part thereof is placed on the tax rolls, an amount e to the taxes or assessments which would have been levied on such Facility or part thereof h, - been on the tax rolls from the time the Agency's leasehold interest in the Facility was termin until the date of the tax rolls following the taxable status date as of which such Facility or thereof is placed on the tax rolls. There shall be deducted from such amount any amo- previously made pursuant to this Agreement by the Agency or the Company and the Sublesse the respective Taxing Authorities relating to any period of time after the termination or expira of the Lease Agreement. The provisions of this Paragraph 2 shall survive the terminatioi expiration of the Lease Agreement. 3. In the event the Facility or any part thereof is declared to be subjec taxation for taxes or assessments by an amendment to the Act, other legislative change, or t final judgment of a Court of competent jurisdiction, the obligations of the Company and Sublessee hereunder shall, to such extent, be null and void. 4. In the event the Company and the Sublessee shall enter into a subsegL PILOT Agreement or Agreements with respect to the Taxes on the Facility directly with any of Taxing Authorities under whose jurisdiction the Facility is located, the obligations of the Comp and the Sublessee hereunder, which are inconsistent with such future Agreement or Agreeme shall be superseded and shall, to such extent, be null and void. 5. As long as this Agreement is in effect, the Agency, the Company and Sublessee agree that (i) the Company shall be deemed to be the owner of the Facility and of Additional Facilities for purposes of instituting, and shall have the right to institute, judicial revi of an assessment of the real estate with respect to the Facility and of the Additional Facilit pursuant to the provisions of Article 7 of the Real Property Tax Law or any other applicable 1, as the same may be amended from time to time, and (ii) the Agency shall request the Assessor the Town of Wappinger, or any other assessor having jurisdiction to assess the Facility, to t, into consideration the value of surrounding properties of like character when assessing the Facili Notwithstanding the foregoing, in the event that the assessment of the real estate with respect Page 5 of 13 Packet Pg. 51 40 5.1.a the Facility and the Additional Facilities is reduced as a result of any such judicial review so the Company would be entitled to receive a refund or refunds of taxes paid to the respective Ta; Authorities, if the Company were the owner of the Facility and the Additional Facilities exclu of the Agency's leasehold interest therein, the Company shall not be entitled to receive a ref or refunds of the payments in lieu of taxes and assessments paid pursuant to this Agreement that event, however, the Company shall be entitled to receive a credit against future paymenl lieu of taxes and assessments to be paid to the respective Taxing Authorities pursuant to Agreement in the amount of the refund or refunds of taxes paid to the respective Taxing Author. that the Company would be entitled to 'receive if the Company were the owner of the Facility the Additional Facilities exclusive of the Agency's leasehold interest therein. 6. The Company and the Sublessee, in recognition of the benefits prove under the terms of this Agreement including, but not limited to, the formula for payments in of taxes set forth in Exhibit A hereto, and for as long as the Lease Agreement is in effect, expre waives any rights it may have for any exemption or abatement under Section 485 or 485-b of N.Y. Real Property Tax Law or any other exemption under any other law or regulation (exc however, for the exemption provided by Article 18-A of the N.Y. General Municipal Law) respect to the Facility. The Company and the Sublessee, however, reserve any such rights respect to all special ad valorem levies, special assessments and service charges levied against Facility referred to in Paragraph 1(d) and the Additional Facilities as referred to in Paragraph and with respect to the assessment and/or exemption of the Additional Facilities. 7. Except as otherwise provided herein, any notice required to be given b. under this Agreement shall be deemed to have been duly given when delivered and, if delivf by mail, shall be sent by certified mail, postage prepaid, return receipt requested, addressed to respective parties hereto at their respective addresses specified below or such other addresse either party may specify in writing to the other: To the Agency: Dutchess County Industrial Development Agency Three Neptune Road Poughkeepsie, New York 12601 Attention: Executive Director Telephone No.: (845) 463-5400 Fax No.: (845) 463-5401 With a copy to: Cappillino & Rothschild LLP Seven Broad Street P.O. Box 390 Pawling, New York 12564-0390 Attention: Donald Cappillino Telephone No.: (845) 855-5444 Page 6 of 13 Packet Pg. 52 5.1.a Fax No.: (845) 855-5895 To the Company: Jaleli, LLC 151 Airport Drive Wappingers Falls, New York 12590Telephone No.: (845) 561-0300 Fax No.: (845) 561-6848 To the Sublessee: Hudson Valley Lighting, Inc. 151 Airport Drive Wappingers Falls, New York 12590 Attention: President With a copy to: Jacobowitz and Gubits, LLP 158 Orange Avenue P.O. Box 367 Walden, New York 12586p e Attention: Marcia A. Jacobowitz, Esq. Telephone No.: (845) 778-2121 C4, Fax No.: (845) 778-5178 co Notice by mail shall be effective when delivered but if not yet delivered shall be deemed effec M at 12:00 p.m. on the third business day after mailing. V- e 8. Failure by the Agency in any instance to insist upon the strict performa of any one or more of the obligations of the Company and/or the Sublessee under this Agreem or to exercise any election herein contained, shall in no manner be or be deemed to be a waive the Agency of any of the Company's and/or the Sublessee's defaults or breaches hereunder o any of the rights and remedies of the Agency by reason of such defaults or breaches, or a wa: or relinquishment of any and all of the Company's and/or the Sublessee's obligations hereuni No waiver, amendment, release or modification of this Agreement shall be established by cond custom or course of dealing. Further, no payment by the Company and/or the Sublessee or rec by the Agency of a lesser amount than the correct amount or manner of payment due hereur shall be deemed to be other than a payment on account, nor shall any endorsement or statement any check or any letter accompanying any check or payment be deemed to effect or evidence accord and satisfaction, and the Agency may accept any checks or payments as made with prejudice to the right to recover the balance or pursue any other remedy in this Agreemeni otherwise provided at law or equity. 9. This Agreement shall become effective as of the first taxable status dat( the Town of Wappinger after the date the Agency acquires title to the Facility. All ta) Page 7 of 13 Packet Pg. 53 5.1.a assessments, special assessments, service charges, special ad valorem levies, or simila x equivalents due or to become due based upon prior taxable status dates shall be paid b: e Company and the Sublessee when due. Upon termination of the Lease Agreement d reconveyance of title to the Facility to the Company, this Agreement shall terminate, exce s herein provided. 10. Whenever the Company and/or the Sublessee fails to comply with y provision of this Agreement, the Agency may, but shall not be obligated to, take whatever ac at law or in equity as may appear necessary or desirable to collect the amount then in default enforce the performance and observance of the obligations, agreements and covenants of Company and the Sublessee under this Agreement and if such default shall continue and shalt t be remedied by Company and/or the Sublessee within thirty (30) days after Agency shall 1 given to Company and the Sublessee a written notice specifying the same however, if said fai ; cannot reasonably be cured within thirty (30) days, Company and the Sublessee shall not b i default of this Agreement or the Lease Agreement if Company and/or the Sublessee commel to cure the failure within such thirty (30) day period and diligently continues to cure the defy In addition, an Event of Default hereunder shall constitute an event of default under the Lc Agreement. Upon the occurrence of an Event of Default hereunder resulting from a failure of Company and/or the Sublessee to make any payment required hereunder, the Agency shall h, as a remedy therefor under the Lease Agreement and the Equipment Lease Agreement, am other remedies, the right to terminate the Lease Agreement and the Company Lease Agreem thus subjecting the Facility to immediate full taxation pursuant to Section 520 of the N.Y. R Property Tax Law of the State. 11. This Agreement shall be governed by and construed in accordance with internal laws of the State of New York. e 12. The Company and the Sublessee agree to hold the Agency harmless fr and against any liability arising from any default by the Company and/or the Sublessee C14 . performing their respective obligations hereunder or any expense incurred under this Agreeme including any expenses of the Agency, including without limitation attorneys' fees. 13. This Agreement may be modified only by written instrument duly execut by the parties hereto.cc 14. This Agreement shall be binding upon and inure to the benefit of the parti( their respective successors, heirs, distributees and assigns. 15. If any provision of this Agreement shall for any reason be held or adjudg to be invalid or illegal or unenforceable by any court of competent jurisdiction, such provision adjudged invalid, illegal or unenforceable shall be deemed separate, distinct and independent ai the remainder of this Agreement shall be and remain in full force and effect and shall not 1 invalidated or rendered illegal or unenforceable or otherwise affected by such holding adjudication. (The remainder of this page was intentionally Ieft blank.) Page 8 of 13 Packet Pg. 54 5.1.a IN WITNESS WHEREOF, the parties hereto have executed this Agreement; f the date first written above. JALELI, LLC By:_ Andy Grimm, Controller HUDSON VALLEY LIGHTING, INC. G Bye/l t 0 Andy Grimm, Controller DUTCHESS COUNTY INDUSTRIAL DEVELOPMENT AGENCY cm cme cm co t By:<✓t/� �/U--- Sarah Lee, Executive Director cme cm e Payment -in -Lieu -of -Tax Agreement Signature Page I of 1 Page 9 of 13 Packet Pg. 55 5.1.a EXHIBIT A Formula for Payments -In -Lieu -of -Taxes ("PILOTs"): Town of Wappin (including any existing incorporated village or any village which may be incorporated after date hereof, within which the Facility is wholly or partially located), Wappingers Central Scl District and Special Districts (collectively the "Taxing Jurisdictions"). Section 1- Definitions: In this PILOT Agreement, the following terms shall have meanings specified as follows, unless the context otherwise requires: "PILOT" shall mean the payment -in -lieu -of -taxes required hereunder tc . paid by the Company and the Sublessee to the Agency. The PILOTs are more particul described as follows: "Annual PILOT" shall mean the sum of PILOTs due hereunder in a Pa year. "Apportioned Share of the Annual PILOT" shall mean the percentage 0. each Annual PILOT each Taxing Jurisdiction is entitled to receive, to be determined ratably w the ratio that the Taxing Jurisdiction's tax rate bears to the total tax rate of all of the Ta> Jurisdictions, using the tax rates from the year prior to the Taxable Status Date. The Spe District PILOTs shall not be apportioned but shall be billed with the Annual PILOT invoice.CM Ito School District PILOT shall not be apportioned but shall be calculated, billed and paid separat Ui "County PILOT" shall mean the Dutchess County's Apportioned Shan e the Annual PILOT due on February 28 of each year. in "School District PILOT" shall mean the Wappingers Central Scl District's Apportioned Share of the Annual PILOT due on October 1 of each year.Izi "Town PILOT" shall mean the Town of Wappinger's Apportioned Shar the Annual PILOT due on February 28 of each year. cc "Special Districts PILOTs" shall mean the New Hackensack Fire Disti the Wappinger Sewer Transportation and Treatment District No. 2, the Town of Wappir Ambulance District and the Grinnell Public Library District. "PILOT Year" shall mean the fiscal year following the next Taxable St, Date. The Initial PILOT Year shall include the 2016/2017 School District PILOT, the 2017 County PILOT, the 2017 Town PILOT, the 2017 New Hackensack Fire District PILOT, the Page 10 of 13 Packet Pg. 56 5.1.a 2017 the Wappingers Sewer Transportation and Treatment District N ? PILOT 2017 Town of Wappinger Ambulance District PILOT and the 2017 the Grinnell Public Library District PILOT, (collectively the "Ir. 1 PILOT Year") shall become due, and annually thereafter for a total of ten (10) years in accord, with the Schedule of PILOT Payments. "Schedule of Exemptions and Calculation of PILOTS" — Special District PIL > shall be equal to the full amount of taxes that would have been levied upon the Facility l Additional Facilities if the Facility and Additional Facilities were owned by the Company anc Agency had no ownership interest. For the County PILOT, the Town PILOT and the Scl l District PILOT, the PILOT shall be equal to the full amount of taxes that would have been le, 'a upon the Facility and Additional Facilities, up to an assessed value of $9,200, 000. 00, if the Fac and Additional Facilities were owned by the Company and the Agency had no ownership inte If the assessed value exceeds $9,200,000.00, the County PILOT, the Town PILOT and the Scl District PILOT shall be increased an amount equal to amount of taxes that would have been le, . upon the Facility and Additional Facilities on that excess amount but reduced by the follov exemption percentage: PILOT Exemption .. C4 Year Percentage ° I 50% 2 50% ° 50% 4 40% 5 30% C4° 6 20% 7 10% 8 10% 9 10% 10 5% _. thereafter 0% _ "Taxable Status Date" shall mean March 1 of each year. For School Dist PILOTS, Taxable Status Date shall mean March 1 of the year the PILOTS are due. For Cour Town and Special District PILOTS, Taxable Status Date shall mean March 1 of the year prior the PILOTs being due. Page 11 of 13 Packet Pg. 57 Section 2 - Billina. Annortionment and Distribution of PILOTS After Taxable Status Date each year the Agency shall determine the Annual PIL the Apportioned Share of the Annual PILOT and the School District Annual PILOT. The Age shall send an invoice to the Company for the Annual PILOT. Once received by the Agency, PILOTs shall be distributed to the appropriate Taxing Jurisdiction timely in accordance with Page 12 of 13 Packet Pg. 58 5.1.a Legal Description of Real Property ALL that certain parcel of land situate in the Town of Wappinger, Counts Dutchess and State of New York and is more particularly described as follows: Page 13 of 13 Packet Pg. 59 ScuBUuLE a arcel_of land situate in thc, Town of Wappinger, County of Dutchess ALL that -lot, p - Ian "Final- Plat Four. -Lot and State of New York, being Parcel-C—as-sho--wn-o.n the P #8938 in the Subdivision of the lands of Satellite Investments" NewYork o Map bruary 1, 1990 Dutchess County Clerk's Office, Poughkeepsie, which Parcel C is more particularly bounded and described as follows: BEGINNING at a fence post remains found on the Southerly laline o ow Maloney merly Road, said point of beginning being on the Westerly inning also the County of Dutchess (being the old railroad), said point of beg being the Northeast corner of the herein described parcel; m said point of beginning and along the Westerly line of lands 00 00 THENCE from We - said County of Dutchess South 01 degrees 14 minutes 17 secondsEast feet-, T HE►.[CE through lands of Satellite investments the following four courses and distances- _ . ____..-_a) South 33.6e- 4�,-seconds West 1653.78 fee.t.;____._.._ seconds West 330.37 feet to a point o b) North 64 degrees 09 minutes 26 curvature; c On a curve to the left having a radius of 880.00 feet anarc2 distance o 22 t 85 feet as described by the chord North 71 degrees 38 minutes 229.20 feet to the point of tangency; d On the tangent North 79 degrees 07 minutes 22 seconds West 570.51 feet; ) THENCE along the Lands now or formerly erl A.R. Fules, Inc., North 10 degrees 52 minutes 38 seconds East 1135.33 feet; THENCE alongthe Southerly and Easterly line of lands now or formerly J_L.H_ Properties, LTD, the following two courses and distances - a) South 74 degrees 15 minutes 41 seconds East 276.01 feet; b North 15 degrees 44 minutes 19 seconds East 1195.31 feet to the Southerly side of Maloney Road; THENCE alongthe Southerly line of Maloney Road the following eight courses and distances: a) South 33'degrees 30 minutes 17 secondsEast 63 34 feetEast 800-00 et, b) North 42 degrees 57 minutes 02 seconds c) North 42 degrees 19 minutes 40 seconds East 548.50 feet, d) North 73 degrees 44 minutes 37 seconds East 99.60 feet; e) South 76 degrees 08 minutes 27 seconds East 29.06 feet-, f) South 57 degrees 18 minutes 00 seconds East 99-70 feet; g) South 40 degrees 03 minutes 01 seconds East 54-50 East 90.80 feet,to the point of h) South 56 degrees 41 minutes 18 second BEGINNING_ I Packet Pg. 60 Quote DeCar Fence Inc. Certified-INILE & DAE Contract#r M DATE: 1012-6115 JOb NAMEfLQCATIC7N. Chelsea Park PREPARED BY: Dee Town Of Wappingers Building & Grounds Wappingers, NY 12590 (845)249-8481 SFrazier@townofwappinger.us 8.2 a1TE CONDITIONS. 1. All Excavation for Footings Accomplished With Hydraulic Auger or Truck Mounted Auger. 2. All Hand Digging & Rock Drilling Will Be At An Additional Cost. 3. All Utilities Must Be Marked Before Installation of Fence/Guide Rail or Signs ITEM/ QTY DESCRIPTION UNIT PRICE TOTAL I Remove & Dispose of Existing Backstop Hood 6 Remove & Replace 6 Sections of Middle Rail 40+/- Supply & Install New 5' High CLF on top of existing 12' high Back Stop Lump sum 6,200.00 Please sign and return so that material can be ordered & put on work schedule –Eaymeat Terms. 30 Das No Retainag Das No e– — Prices are based on quantity given. Any changes in quantities by more than 100% will result in renegotiation of prices. ny Additional Insured /Special Insurance Requirements Over and Beyond - eCar Fence Standard Coverage Will Be At An Additional Charge ACCEPTED BY X Exclusions: Any & All Grounding or electrical hook ups, Traffic Control, Surveying, Location of Installation or Elevations, Patching Around Post, Restoration Of Any Kind, Plowing or Snow/Ice Removal, Locations Or Protection Of All Obstructions Or Private Underground Utilities Of Any Kind, Clearing, Grubbing, or Grading Or Any Item Not Specified Above I Packet Pg. 61 1 8.2 SGSU DATFI: OCTOBHR 26, 2015 (u()TFI 14 1204 EXPIRATION DATE November 2g 2015 Steve Town of Wappingers Falls Buildingand Grounds 'Tappingers fialls NY 1.2590 845-249-8481 Custotnei.- E"Aail SFr,tZjer(( -ioftwjjpplugers.us _ SALESPERSONJOB S.111PPING SHIPPING DELIVERYMENT PAYDUE DATE METHOD TERMS DATE TERMS Town of Nick Wapl-magers x X Net/ 30 1_)atTs X Ball Field QTY ITEM # DESCRIPTION UNIT LINE ToTAL PRICE 1 1 Remove 1"Xisting Back Stop I food 6 2 Replace 6 Existing Middle Ralls 40 Feet 3 Supply and Install 5'high Fence 0,11 top of Existing Back Stop 1-unap 89A SUIT! 6,9 TurAL 6,989.00 Quotation prepircd by: This is a quotation on O goods ilalnrdf, subject to the conn tions notccl bcimv: Grounding or electrical hook ups, Snow/Ice Removal, All Private Underground Utilities Of Any Kind, electrical hook ups, any unforeseen underground obstructions will be at an additional Cost To Be Determined To accept this quotation, sign herc, and return I Packet Pg. 62 1 , Barbara Gutzler From: Anita Carfoe<A[arfono@cenhudzom' Sent: Friday, October 09,20155:U2PM To: Amha[arfona Subject: LED Streetlight Routine Maintenance Response Required Attachments: Blanket LED SL4(}- EqulpmentFa||ures.pdf Importance: High Dear Community Leader.. As you may be aware, Central Hudson was recently granted Public Service Commission approval" to offer municipalities the option to lease high efficiency Light Emitting Diode (LED) street lights. The new LED fixtures are Rate A,Central Hudson owned and maintained street lights and have anexpected life mfnearly twelve years, offering significant savings on maintenance and operating costs, while providing environmental benefits to municipalities and residents. Because LED streetlights use less electricity, these fixtures will save your municipality on annual street light costs. Please see below for an example of the savings associated with an LED streetlight versus a traditionail Sodium Vapor streetlight. 4 full list mfthe rates are posted inthe Service Classification No, 8 inour most recently approved tariff dated August I3'�h, 2015. Sodium Vapor Lights Annual kWh Annual Rate VS Equivalent LED Annual kWh Annual Rate Rate SavingsTSavings Energy 250 Watt Sodium Vapor 1264 $ 210.39 93 Watt LED 372 $ 191,01 (19.38) Effective immediately, Centra|Hudsonis»eekingyomrapprova|tomhanQeexistn0°RateA"fix1umesinneednfrepairor replacement with anequivalent LED fixture, The replacement will take place only during routine maintenance nrwhen we respond to a report of a street light out. There will be no upfront or installation charge to your mun,icipality. We will complete the replacement and update the billing based on the annual costs in the above table, If you agree please execute the attached form and return tousatyour earliest convenience. If you have any questions please contact us... Newburgh District Director Carver FishkiU District Director Narka] Poughkeepsie District Director Doane Kingston &[atskH| District Director HetsUer New �kindsor NY 12553 Phone (845) 563-4585 61DLittle Britain Road, New Windsor, NY 12553 845-563+4529 25Central Hudson Way, FishkiNNY 12524 845-897-6152 ZD4South 4v+mue,Poughkeepsie, NY 12681 845-486-5474 2001 Rt. 9W, Kingston, NV 12449 845-334-3513 Lisa Victor Jeff Joe I Packet Pg. 63 1 Fax (845) 563-4503 acarforagcenhud.com This message contains confidential information and is only for, the intended recipient. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, please notify the sender immediately by replying to this note and deleting all copies and attachments. Thank you, I Packet Pg. 64 1 Central Hudson Gas & Electric Corporation 284 South Avenue Poughkeepsie, NY 12601 (845) 452-2700 Blanket LED Street Lighting Authority Order (municipality) (Address) (City, State Zip) To Central Hudson Gas & Electric Corporation: You are hereby authorized to make changes specified below to the street lighting service for all street lighting districts located within the of in accordance with a resolution duly adopted as provided by law by the (Council/Board) of the of at a meeting held on , 20 as follows: All Rate A street lights which fail shall be replaced with an LED equivalent fixture. (indicate yes or no) These changes are subject to the terms of the existing street lighting service classifications and does not include the cost of electricity. Municipality: Date: By: 20 Title: I Packet Pg. 65 1 4 C Packet Pg. a a i CC N Co \ £Y Q a; g ��m 4 C Packet Pg. \ £Y 771 3` d u6�a 4 C Packet Pg. WATER AND SEWER DISTRICT THE TOWN OF WAPPINGER T/O of Wappinger MA# W21223.000 7/28/14 ALL that certain parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York and is more particularly described as follows: BEGINNING at a point being the intersection of the easterly bounds of Shamrock Hills Drive and the southerly bounds of an existing Right of Way as shown on filed map #11963 filed in the Dutchess County Clerk's Office; thence northeasterly along said Shamrock Hills Drive along a curve to the left with a radius of 525.00 feet, an arc length of 95.57 feet, a chord bearing North 35126'06" East 95.44 feet; thence easterly along the northerly bounds of said Right of Way the following four (4) courses: 1. Along a curve to the left with a radius of 25.00 feet, an arc length of 36.53 feet, with a chord bearing South 12035'50" East 33.37 feet, 2. South 54027'25" East 57.19 feet, 3. Along a curve to the left having a radius of 225.00 feet, an arc length of 239.92 feet, a chord bearing South 85100'19" East 228.71 and 4. North 64126'50" East 11.97 feet to a point located on the westerly bounds of the lands, now or formerly, of Kahari (Deed Liber 1320, Page 205); thence along the bounds of said Kahari the following four (4) courses: 1. North 13045'20" West 404.58 feet, 2. North 66118'40" East 557.15 feet, 3. South 14129'20" East 827.01 feet and 4. South 75148'00" West 558.06 to a point; thence through the lands of said Kahari North 14135'06" West 92.53 feet to a point; thence along the westerly bounds of said Kahari North 13045'20" West 186.65 feet to a point; thence westerly along the southerly bounds of said Right of Way the following four (4) courses: 1. South 64026'50" West 1.53 feet, 2. Along a curve to the right having a radius of 275.00 feet, and arc length of 293.24 feet, a chord bearing North 85000'17" West 279.54 feet, 3. North 54027'25" West 57.19 feet, 4. Along a curve to the right having a radius of 25.00 feet, an arc length of 37.22 feet, a chord bearing South 82153'32" West 33.88 feet to the point or place of BEGINNING. Containing 10.35 Acres of land, more or less. EAdocuments\T Wappingerla W2012\w21223-shamrock hillslthe ridges h20-sewer.doc 9.6.a Packet Pg. 67 4 C Packet Pg. a a i CC N Co \ £Y Q a; g ��m 4 C Packet Pg. \ £Y 771 3` d u6�a 4 C Packet Pg. WATER AND SEWER DISTRICT THE TOWN OF WAPPINGER T/O of Wappinger MA# W21223.000 7/28/14 ALL that certain parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York and is more particularly described as follows: BEGINNING at a point being the intersection of the easterly bounds of Shamrock Hills Drive and the southerly bounds of an existing Right of Way as shown on filed map #11963 filed in the Dutchess County Clerk's Office; thence northeasterly along said Shamrock Hills Drive along a curve to the left with a radius of 525.00 feet, an arc length of 95.57 feet, a chord bearing North 35126'06" East 95.44 feet; thence easterly along the northerly bounds of said Right of Way the following four (4) courses: 1. Along a curve to the left with a radius of 25.00 feet, an arc length of 36.53 feet, with a chord bearing South 12035'50" East 33.37 feet, 2. South 54027'25" East 57.19 feet, 3. Along a curve to the left having a radius of 225.00 feet, an arc length of 239.92 feet, a chord bearing South 85100'19" East 228.71 and 4. North 64126'50" East 11.97 feet to a point located on the westerly bounds of the lands, now or formerly, of Kahari (Deed Liber 1320, Page 205); thence along the bounds of said Kahari the following four (4) courses: 1. North 13045'20" West 404.58 feet, 2. North 66118'40" East 557.15 feet, 3. South 14129'20" East 827.01 feet and 4. South 75148'00" West 558.06 to a point; thence through the lands of said Kahari North 14135'06" West 92.53 feet to a point; thence along the westerly bounds of said Kahari North 13045'20" West 186.65 feet to a point; thence westerly along the southerly bounds of said Right of Way the following four (4) courses: 1. South 64026'50" West 1.53 feet, 2. Along a curve to the right having a radius of 275.00 feet, and arc length of 293.24 feet, a chord bearing North 85000'17" West 279.54 feet, 3. North 54027'25" West 57.19 feet, 4. Along a curve to the right having a radius of 25.00 feet, an arc length of 37.22 feet, a chord bearing South 82153'32" West 33.88 feet to the point or place of BEGINNING. Containing 10.35 Acres of land, more or less. EAdocuments\T Wappingerla W2012\w21223-shamrock hillslthe ridges h20-sewer.doc 9.7.a Packet Pg. 69 4 C Packet Pg. a a i CC N Co \ £Y Q a; g ��m 4 C Packet Pg. \ £Y 771 3` d u6�a 4 C Packet Pg. WATER AND SEWER DISTRICT THE TOWN OF WAPPINGER T/O of Wappinger MA# W21223.000 7/28/14 ALL that certain parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York and is more particularly described as follows: BEGINNING at a point being the intersection of the easterly bounds of Shamrock Hills Drive and the southerly bounds of an existing Right of Way as shown on filed map #11963 filed in the Dutchess County Clerk's Office; thence northeasterly along said Shamrock Hills Drive along a curve to the left with a radius of 525.00 feet, an arc length of 95.57 feet, a chord bearing North 35126'06" East 95.44 feet; thence easterly along the northerly bounds of said Right of Way the following four (4) courses: 1. Along a curve to the left with a radius of 25.00 feet, an arc length of 36.53 feet, with a chord bearing South 12035'50" East 33.37 feet, 2. South 54027'25" East 57.19 feet, 3. Along a curve to the left having a radius of 225.00 feet, an arc length of 239.92 feet, a chord bearing South 85100'19" East 228.71 and 4. North 64126'50" East 11.97 feet to a point located on the westerly bounds of the lands, now or formerly, of Kahari (Deed Liber 1320, Page 205); thence along the bounds of said Kahari the following four (4) courses: 1. North 13045'20" West 404.58 feet, 2. North 66118'40" East 557.15 feet, 3. South 14129'20" East 827.01 feet and 4. South 75148'00" West 558.06 to a point; thence through the lands of said Kahari North 14135'06" West 92.53 feet to a point; thence along the westerly bounds of said Kahari North 13045'20" West 186.65 feet to a point; thence westerly along the southerly bounds of said Right of Way the following four (4) courses: 1. South 64026'50" West 1.53 feet, 2. Along a curve to the right having a radius of 275.00 feet, and arc length of 293.24 feet, a chord bearing North 85000'17" West 279.54 feet, 3. North 54027'25" West 57.19 feet, 4. Along a curve to the right having a radius of 25.00 feet, an arc length of 37.22 feet, a chord bearing South 82153'32" West 33.88 feet to the point or place of BEGINNING. Containing 10.35 Acres of land, more or less. EAdocuments\T Wappingerla W2012\w21223-shamrock hillslthe ridges h20-sewer.doc 9.8.a Packet Pg. 71 4 C Packet Pg. a a i CC N Co \ £Y Q a; g ��m 4 C Packet Pg. \ £Y 771 3` d u6�a 4 C Packet Pg. WATER AND SEWER DISTRICT THE TOWN OF WAPPINGER T/O of Wappinger MA# W21223.000 7/28/14 ALL that certain parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York and is more particularly described as follows: BEGINNING at a point being the intersection of the easterly bounds of Shamrock Hills Drive and the southerly bounds of an existing Right of Way as shown on filed map #11963 filed in the Dutchess County Clerk's Office; thence northeasterly along said Shamrock Hills Drive along a curve to the left with a radius of 525.00 feet, an arc length of 95.57 feet, a chord bearing North 35126'06" East 95.44 feet; thence easterly along the northerly bounds of said Right of Way the following four (4) courses: 1. Along a curve to the left with a radius of 25.00 feet, an arc length of 36.53 feet, with a chord bearing South 12035'50" East 33.37 feet, 2. South 54027'25" East 57.19 feet, 3. Along a curve to the left having a radius of 225.00 feet, an arc length of 239.92 feet, a chord bearing South 85100'19" East 228.71 and 4. North 64126'50" East 11.97 feet to a point located on the westerly bounds of the lands, now or formerly, of Kahari (Deed Liber 1320, Page 205); thence along the bounds of said Kahari the following four (4) courses: 1. North 13045'20" West 404.58 feet, 2. North 66118'40" East 557.15 feet, 3. South 14129'20" East 827.01 feet and 4. South 75148'00" West 558.06 to a point; thence through the lands of said Kahari North 14135'06" West 92.53 feet to a point; thence along the westerly bounds of said Kahari North 13045'20" West 186.65 feet to a point; thence westerly along the southerly bounds of said Right of Way the following four (4) courses: 1. South 64026'50" West 1.53 feet, 2. Along a curve to the right having a radius of 275.00 feet, and arc length of 293.24 feet, a chord bearing North 85000'17" West 279.54 feet, 3. North 54027'25" West 57.19 feet, 4. Along a curve to the right having a radius of 25.00 feet, an arc length of 37.22 feet, a chord bearing South 82153'32" West 33.88 feet to the point or place of BEGINNING. Containing 10.35 Acres of land, more or less. EAdocuments\T Wappingerla W2012\w21223-shamrock hillslthe ridges h20-sewer.doc 9.9.a Packet Pg. 73