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2018-03-12Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, March 12, 2018 7:30 PM Town Hall Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM Angela Bettina Town of Wappinger Councilwoman Present 7:30 PM Robert Johnston Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Jim Horan Consultant Attorney Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM Salute to the Flag Adoption of Agenda 1. Motion To: Adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz IV. Acknowledge Minutes 1. Motion To: Acknowledge February 12th, 2018 Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Acknowledge February 26th, 2018 Minutes Town of Wappinger Page I Printed 3/22/2018 Regular Meeting Minutes March 12, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz V. Correspondence Log RESOLUTION: 2018-71 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2018-71 Correspondence Log - 2018-03-12 Number To From ante ante Rec` Re: Agenda ante 83-12-881 Town Board Patrice C Strong 21812818 211212818 Progress of the Mid -Hudson Street U ht 311212818 83-12-882 Town Board Vincent J. Bettina 211812818 212212818 Michael Kell 1 Request for Leave of Absence 311212818 83-12-883 Mr., Keeler Robert Gray 211212818 212212818 Tall Trees Interconnection - Amherst Lane 311212818 83-12-884 Town Board Jessica Fulton 212312818 2128!2818 Community Day Grand Marshal 311212818 83-12-885 Joseph P Paoloni Susan Lynch 8!2312818 1 212812818 Renewal Liquor License/Michaels Restaurant 311212818 83-12-888 Supervisor Thurston IKim Flower 212312818 2127/2818 Connect to TOW Water System 311212818 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 -2018-71 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as AmendedRichard Thurston Voter D El ❑ El Defeated William H.Beale .....................Voter... .... . .......D....... .... ..""".. .......❑........,.........❑....... " . ......❑ ,... " ❑ Tabled Angela Bettina ,Voter a o" ........,........ ❑ ❑ ..... ❑ Withdrawn Robert Johnston...................... ..................... Seconder.........D........,........❑ ............ ....... ...... ❑........,....... ...... ❑ ..... Michael Kuzmicz Moer v D ❑ ❑ ❑ Dated: Wappingers Falls, New York March 12, 2018 The Resolution is hereby duly declared Adopted. VI. Public Portion 1. Motion To: Open Public Portion Town of Wappinger Page 2 Printed 3/22/2018 Regular Meeting Minutes March 12, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz VII. Resolutions RESOLUTION: 2018-72 Parkinson's Awareness Month Proclamation WHEREAS, Parkinson's disease is a progressive neurological movement disorder of the central nervous system, which has a unique impact on each patient; and WHEREAS, according to the Parkinson's Action Network, the Parkinson's Disease Foundation, the American Parkinson's Disease Association and the National Institutes of Health, there are over one million Americans diagnosed with Parkinson's disease; and WHEREAS, symptoms include slowness, tremor, difficulty with balance and speaking, rigidity, cognitive and memory problems; and WHEREAS, although new medicines and therapies may enhance life for some time for people with Parkinson's, more work is needed for a cure; and WHEREAS, increased education and research are needed to help find more effective treatments with fewer side effects and ultimately a cure for Parkinson's disease; and WHEREAS, a multidisciplinary approach to Parkinson's disease care includes local wellness, support, and caregiver groups; and Town of Wappinger Page 3 Printed 3/22/2018 Regular Meeting Minutes March 12, 2018 WHEREAS, April has been proclaimed as World Wide Parkinson's Awareness Month for all to recognize the need for more research and help in dealing with the devastating effects of Parkinson's disease. NOW, THEREFORE, I/WE, SUPERVISOR/MAYOR/ THE COUNCIL of the City/Town/Village of do hereby proclaim April as Parkinson's Awareness Month in Given under my hand in these free United States in the City/Town/Village of on this day of two thousand and eightteen, and to which I have caused the Seal of the City/Town/Village of to be affixed and have made this proclamation public. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-72 Yes/Aye.. No/Nay.. Abstain.. Absent.. D Adopted El Adopted as Amended Richard Thurston Voter ...Voter 0 El❑ ...... .. ❑ .......... ❑ Defeated H. Beale .............. ........... ,.... .....0.... ....... .... ❑ , .... ....... ....,.... ❑..... ...... . .....❑ ❑ Tabled --1-1-Inam AngelaBettina ...................... Voter ......... D ................. ❑ ............. ❑ .................. ❑ ........ ❑ Withdrawn Robed 7ohnston Seconder; .Mover.............D.................❑.................❑................❑..... D ❑ ❑ ❑ Michaefi a cz Dated: Wappingers Falls, New York March 12, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-73 Resolution Accepting Undertaking Secured By Cash Deposit For Restoration In Connection With Furnia Subdivision WHEREAS, Hybrid Home Developers, LLC, a domestic Limited Liability Company, having an address of 69 Alley Road, Lagrangeville, New York 12540, hereinafter referred to as the "Owner", has made application for subdivision approval to the Town of Wappinger Planning Board for a subdivision of a 7.56 acre parcel into 9 individual residential lots for the purpose of constructing single-family residences on all of the newly created lots; and WHEREAS, the parcel is located on the northwest side of New Hackensack Road near the intersection of Daisy Lane and is designated as Tax Parcel 6158-02-948876 on the tax map of the Town of Wappinger (the "Property"); and WHEREAS, the Owner of the Property made a request for permission to cut trees on the Property, prior to the issuance of a Resolution of Final Conditional Subdivision Approval since the US Army Corps of Engineers and the NYS DEC regulations require that the cutting of trees may only take place between October 1 and March 31 to minimize the possibility of disturbing the migration of Indiana Bats; and WHEREAS, at the March 5, 2018 meeting, the Planning Board granted the Owner's request to cut the trees, but not to remove them, on the express condition that the Owner agreed to re -plant trees in the event Subdivision Approval was not granted and said agreement was to be secured by a Cash Deposit in an amount approved by the Engineer to the Town, and acceptable Town of Wappinger Page 4 Printed 3/22/2018 Regular Meeting Minutes March 12, 2018 to the Planning Board, specifically in the sum of $7,500.00; and WHEREAS, the Planning Board intends, at its next meeting, to adopt a Negative Declaration pursuant to SEQRA for the subdivision; and WHEREAS, the Owner is to execute and deliver to the Town an Undertaking secured by a Cash Deposit in the amount of $7,500.00, in the form of a bank check or certified check, paid to the order of the Town of Wappinger, as security for the faithful performance of the obligations set forth in the Undertaking; and WHEREAS, the terms of the Undertaking authorize the Town of Wappinger to draw against the aforementioned cash security posted in the event the Owner does not restore the project site in accordance with the terms and conditions set forth in the Undertaking. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that the Undertaking executed by Hybrid Home Developers, LLC and secured by a Cash Deposit in the sum of $7,500.00, is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Owner does not fulfill the obligations to re -plant trees in the event Subdivision Approval is not granted all as set forth in the Undertaking. 3. The Town Board hereby accepts the Undertaking executed by Hybrid Home Developers, LLC, a domestic Limited Liability Corporation, having an address of 69 Alley Road, Lagrangeville, New York 12540, secured by a Cash Deposit in the form of a Bank Check/Certified Check in the amount of $7,500.00 paid to the order of the Town of Wappinger, as security for the faithful performance for the completion of the obligations set forth in the Undertaking. The Town Supervisor is directed to deposit the aforementioned Cash Deposit in a bank account maintained by the Town, to be held in escrow, pending compliance with the terms of the Undertaking. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-73 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated -William H. Beale ................. Voter... ..... D ............. El............. ..❑........,...... ❑ ..... . .... ❑ .... El Tabled Angela Bettina ..... .. ... . ... . . . ... . ... . Voter D ..... ..... ❑ .......... ❑ .... El Withdrawn Robert Johnston .......................................... Seconder D .......D...... ❑ ❑ ............ ❑ chaelKuzmicz Mover.. ❑...... ❑ ❑..... Dated: Wappingers Falls, New York March 12, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-74 Resolution Lifting Water Restrictions In Connection In The Tall Trees Water System WHEREAS, on October 28, 2002 the Town Board of the Town of Wappinger imposed water conservation measures for the Tall Trees Water Improvement Area because its wells were Town of Wappinger Page 5 Printed 3/22/2018 Regular Meeting Minutes March 12, 2018 unable to regularly provide sufficient quantity of water to supply the needs of the inhabitants of the Tall Trees Subdivision; and WHEREAS, the United Wappinger Water District ("UWWD") has been extended to include the Tall Trees Subdivision and the water mains of the UWWD system have been connected to the mains of the Tall Trees Water Improvement Area and provide a reliable source of water; NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Town Board Resolution 2002-305 which authorized certain water conservation measures for the properties located in the Tall Trees Subdivision is hereby repealed as the interconnection to the United Wappinger Water District is supplying sufficient water to the properties of the Tall Trees Subdivision. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-74 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter0 El El lDefeated -William H. Beale ..............- Mover.... ..... D .... El......,........❑...... ❑ ... ElTabled Angela Bettina......................... Voter ... D....... ❑ ......,...... ❑ .. ...❑...... ElWithdrawn Robert Johnston ....................Seconder.........D...... Voter D ❑ .................. ................. ❑ ❑ .❑..... Michael Kuzmicz ❑ ❑...... Dated: Wappingers Falls, New York March 12, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-75 Resolution Authorizing Town Engineer To Prepare Bid Specifications And Plans For The Purpose Of Soliciting Bids In Connection With The Tall Trees Water System Abandonment WHEREAS, the wells servicing the Tall Trees Water Improvement Area were unable to regularly provide sufficient quantity of water to supply the needs of the inhabitants of the Tall Trees Subdivision; and WHEREAS, the United Wappinger Water District ("UWWD") has been extended to include the Tall Trees Subdivision and the water mains of the UWWD system have been connected to the mains of the Tall Trees Water Improvement Area; and WHEREAS, now that a reliable water supply is available for the residents of the Tall Trees Subdivision, the wells, storage tanks, and pump houses of the Tall Trees Water Improvement Area are no longer needed and must be abandoned in accordance with the regulations of the Department of Health; and WHEREAS, the Engineer to the Town has advised that the existing Tall Trees wells cannot be used as a backup water supply for the UWWD and that it is in the best interest of the Town to abandon and remove the unnecessary facilities of the former Tall Trees Water Improvement Area; and Town of Wappinger Page 6 Printed 3/22/2018 Regular Meeting Minutes March 12, 2018 WHEREAS, the following work is required to properly decommission the existing facilities: abandonment and sealing of the Tall Trees wells; disconnection and removal of the pump house, removal of the storage tanks, removal of solar panels, cutting and capping of existing water lines; installation of valves, and site restoration; and WHEREAS, pursuant to General Municipal Law § 103, contract documents and bid specifications must be prepared for the purpose of soliciting competitive bids for the abandonment and removal of the facilities of the former Tall Trees Water Improvement Area; and WHEREAS, the Town Board previously issued a negative declaration for the Tall Trees Extension of the UWWD including the abandonment of the wells; and NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Engineer, Morris Associates Engineering & Surveying Consultants, PLLC is directed to promptly prepare bid specifications and contract documents for the abandonment work and provide them to the Town Attorney for review and approval. 3. After approval, the Town Engineer is directed to publish in the official newspaper of the Town, construction trade publications and online resources, an advertisement soliciting bids for the project pursuant to General Municipal Law § 103, and the codes, rules and regulations of the Town of Wappinger. 4. The Town Clerk is hereby direct to post the advertisement for bids on the Town Clerk's sign board as well as on the Town's website. 5. All sealed bids shall be submitted to the Town Clerk in accordance with the bidding instructions and shall be opened by the Town Clerk at the time set forth in the notice to the bidders. 6. The Town Clerk shall report the bids received to the Town Board in accordance with General Municipal Law § 103 for further action of the Town Board. The Town Board reserves the right to reject any and all bids in accordance with applicable law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-75 Yes/Aye Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ DefeatedWilliam H.Beale................. ...Mover...,....... ............ D ......,...... ❑ ❑ ......,..... ❑..... ❑ Tabled ftelaBettina Voter D ❑ ❑ ❑ ❑ Withdrawn Robert 7ohnston Voter ........ 0 .................❑....... ❑ ❑ ,........❑...... ❑ ..... Michael Kuzmicz Seconder D ❑ Dated: Wappingers Falls, New York March 12, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-76 Resolution Authorizing Town Engineer To Prepare Bid Specifications And Plans For The Purpose Of Soliciting Bids For The Connection Of Homes In Chelsea Hamlet Area (Phase Iiia) To A New Water Supply And Distribution System Town of Wappinger Page 7 Printed 3/22/2018 Regular Meeting Minutes March 12, 2018 WHEREAS, the Town Board previously authorized Amendment No. 3 to the Agreement between the City of New York and the Town of Wappinger, New York, for construction of a water supply and distribution system; and WHEREAS, the aforementioned amendment requires the Town to connect up to an additional 84 parcels of property to the water supply and distribution system previously constructed by the Town pursuant to the original Agreement with the City of New York along with disconnecting each of the homes on those parcels from the private well that is currently used for water supply; and WHEREAS, pursuant to General Municipal Law § 103, contract documents and bid specifications must be prepared for the purpose of soliciting competitive bids for the connection of the additional parcels of property in accordance with Amendment No. 3 of the Agreement between the City of New York and the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Engineer, Morris Associates Engineering & Surveying Consultants, PLLC is directed to promptly prepare bid specifications and contract documents for the water connection work and provide them to the Town Attorney for review and approval. 3. After approval, the Town Engineer is directed to publish in the official newspaper of the Town, construction trade publications and online resources, an advertisement soliciting bids for the project pursuant to General Municipal Law § 103, and the codes, rules and regulations of the Town of Wappinger. 4. The Town Clerk is hereby direct to post the advertisement for bids on the Town Clerk's sign board as well as on the Town's website. 5. All sealed bids shall be submitted to the Town Clerk in accordance with the bidding instructions and shall be opened by the Town Clerk at the time set forth in the notice to the bidders. 6. The Town Clerk shall report the bids received to the Town Board in accordance with General Municipal Law § 103 for further action of the Town Board. The Town Board reserves the right to reject any and all bids in accordance with applicable law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-76 Yes/Aye.. No/Nay.. Abstain.. Absent.. D Adopted El Adopted as Amended Richard Thurston Voter 0 El❑ ❑ El Defeated William H. Beale ... Voter ............. ......... D ......... ❑ ....... ......... ❑ ....... ................ ❑ .. El Tabled An�elaBettina ...................... ver Mover .............. D ................. ❑ ............. ❑ ................ ❑ ........ ❑ Withdrawn Robed 7ohnston Voter ........ D .................❑....... ❑ i ❑ ,........❑...... ❑ ..... Michael Kuzmicz Seconder D ❑ Dated: Wappingers Falls, New York March 12, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-77 Resolution Authorizing Town Engineer To Prepare Bid Specifications And Plans For Repaving River Road Town of Wappinger Page 8 Printed 3/22/2018 Regular Meeting Minutes March 12, 2018 WHEREAS, River Road North between Bank Street and Lake Drive is a Town Highway which needs repaving; and WHEREAS, funding for repaving has been provided by New York City Department of Environmental Protection as part of its Water for the Future Project; and WHEREAS, pursuant to General Municipal Law § 103, contract documents and bid specifications must be prepared for soliciting competitive bids for reconstruction work; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Engineer, Morris Associates Engineering & Surveying Consultants, PLLC is directed to promptly prepare bid specifications and contract documents for the repaving work and provide them to the Town Attorney for review and approval. 3. After approval, the Town Engineer is directed to publish in the official newspaper of the Town, construction trade publications and online resources, an advertisement soliciting bids for the project pursuant to General Municipal Law § 103, and the codes, rules and regulations of the Town of Wappinger. 4. The Town Clerk is hereby direct to post the advertisement for bids on the Town Clerk's sign board as well as on the Town's website. 5. All sealed bids shall be submitted to the Town Clerk in accordance with the bidding instructions and shall be opened by the Town Clerk at the time set forth in the notice to the bidders. 6. The Town Clerk shall report the bids received to the Town Board in accordance with General Municipal Law § 103 for further action of the Town Board. The Town Board reserves the right to reject any and all bids in accordance with applicable law. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-77 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated -William H. Beale ..............- Voter... D .... El......,........❑...... ❑ ... ElTabled Angela Bettina.........................Voter... D....... ❑ ......,...... ❑ .. ...❑...... ElWithdrawn Robert Johnston ....................Seconder.........D...... Mover D ❑ .................. ................. ❑ ❑ .❑..... Michael Kuzmicz ❑ ❑...... Dated: Wappingers Falls, New York March 12, 2018 The Resolution is hereby duly declared Adopted. VIII. Items for Special Consideration/ New Business Councilwoman Bettina asked to have engineer to investigate the condition at Chelsea Road and report back at the next town board meeting. Councilwoman Bettina asked for a stop sign evaluation at the Fleetwood development at various intersections within the development. Town of Wappinger Page 9 Printed 3/22/2018 Regular Meeting Minutes March 12, 2018 1. Motion To: Randi Ross appeared to donate a flag that flew over a park in NJ where many residents lost their lives on September 1 lth RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz RESOLUTION: 2018-78 Resolution Recognizing Cub Scout Pack 15 For 50 Years Of Service To Our Community WHEREAS, Cub Scout Pack 15 was organized in 1967; WHEREAS, Cub Scout Pack 15 was originally charted by the United Methodist Church of Wappingers Falls; WHEREAS, Cub Scout Pack 15 has built a strong connection of service to the surrounding community; WHEREAS, Cub Scout Pack 15 was faced with difficult circumstances in 2013, National Boy Scouts of America enrollment opportunities changed to find a new charter or to potentially fold; WHEREAS, Cub Scout Pack 15 was successful in finding a new charter at the First Presbyterian Church of Wappingers Falls, due to the hard work of many volunteers toward their commitment to Scouting; WHEREAS, Cub Scout Pack 15 has provided hundreds of families an opportunity to participate in Scouting; WHEREAS, the Town of Wappinger recognizes the significant value of the Cub Scout program and the importance of the character building values that the Boy Scouts of America represents; NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger recognize Cub Scout Pack 15 for 50 Years of Service to the Town of Wappinger and Village of Wappingers Falls; AND, BE IT FURTHER RESOLVED, that a copy of this Resolution, being duly adopted by the Town Board of the Town of Wappinger, be presented to Cubmaster Thomas Gallman, Sr. as a congratulatory token on behalf the residents of the Town of Wappinger. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2018-78 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter0 El El lDefeated -William H. Beale ..............- Mover.... ..... D .... El......,........❑...... ❑ ... ElTabled Angela Bettina......................... Voter ... D....... ❑ ......,...... ❑ .. ...❑...... ElWithdrawn Robert Johnston ....................Seconder.........D...... Voter D ❑ .................. ................. ❑ ❑ .❑..... Michael Kuzmicz ❑ ❑...... Town of Wappinger Page 10 Printed 3/22/2018 Regular Meeting Minutes March 12, 2018 Dated: Wappingers Falls, New York March 12, 2018 The Resolution is hereby duly declared Adopted. 3. Hughsonville Fire Hydrant/Solkol Property/Beautification Signs Councilman Beale asked about the connecting a hydrant to the water district near the Hughsonville Fire Department building. He asked to have the engineer look at hooking this up for emergency and training purposes. Mr. Gray explained the details of previous discussion on this. He also addressed the Solkol property along Route 9 South which has recent graffiti. Zoning Administrator Roberti is in the process of remedying it. He also asked to investigate stronger beatification signs that can withstand the heavy plowing of snow during snowstorms. 4. Motion To: Councilman Johnston asked for a sign at the town hall location to display a literature bank. Councilman Johnston suggested Town Hall being a Dutchess Tourism Information Location with Literature coming from the county. All that would be required would be the purchase of a Literature Rack to be placed in the lobby. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz IX. Executive Session - Contract Issues 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Return From Executive Session Town of Wappinger Page 11 Printed 3/22/2018 Regular Meeting Minutes March 12, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz X. Workshop Discussion 1. Motion To: Recreation Committee Stipend The following policy was proposal with a $24 -dollar stipend per meeting with the stipend approved per event. Members need to qualify by having attendance records equal to or greater than 80% as per the 80% rule documented in the Town Code. Policy 0000 [Number] Recreation Committee Stipend Policy Office of the Supervisor Responsible Official: Scope Effective Date: March 12, 2018 Meeting and event stipends for participation by all duly appointed and active Recreation Committee Members ("Member") of the Town of Wappinger. Policy Each Member will be entitled to receive a stipend of $25.00 for their physical attendance at each: (i) officially scheduled meeting of the Recreation Committee; (ii) Recreation Department Events officially approved and sanctioned by the Town Board; and (iii) such other occasions as approved by the Town Board from time -to -time. The Recreation Committee will maintain a meeting and event log to be signed by each participating Member. The Secretary to the Recreation Committee shall submit to the Supervisor's Office with a copy to the Town Board Liaison, a monthly voucher for payment of the Stipends, which voucher will list the specific attendance activities and actual attendance time of each and every Member for said period of time. In order to qualify for receipt of an Event Stipend, each Member shall be required to attend: (i) the entirety of a Committee meeting (unless excused by the Chairman to leave early); and (ii) Town of Wappinger Page 12 Printed 3/22/2018 Regular Meeting Minutes March 12, 2018 2. each Recreation Department Event, for a minimum of two hours at each event. Reason for the Policy The Recreation Committee of the Town of Wappinger is made up of volunteer members of our community who are interested in and dedicated to the enhancement of recreational opportunities that are sponsored by the Town of Wappinger. As a requirement of their appointment as a Member, each Member must attend at least 80% of the regularly scheduled monthly meetings of the Recreation Committee. Members are also required to be active participants in the planning, execution and participation at Town Board -approved Recreation Department events. In consideration of the volunteer efforts of the Members, the Town Board has established this Stipend Policy. Responsible Persons • Position Contact Phone Recreation Dept. Chairman Ralph Holt Recreation Dept. Assistant Donna Lenhart Recreation Dept. Director Jessica Fulton re policy proposal 3rd page 24 dollar stipend per meeting stipend approved per event need to qualify for the 80% rule. kuz beale RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Zoning Code Review Zoning Inspector Roberti handed out documents to all seated at the table. Nothing was given to the Town Clerk Items Discussed: Town of Wappinger Page 13 Printed 3/22/2018 Regular Meeting Minutes March 12, 2018 Code book antiquated, new rules and definitions needed such as breweries, bars, accessory apartments. In 2005, the accessory apartment law was changed. It was suggested to turn it back to original law prior to 2005. Beale asked about tiny houses. Zoning Admin said in effect we're building multi -family dwelling. Attorney Horan added that 2 family housing is not allowed in the town. They addressed detached garages for use as a dwelling. They want to take code back to 2005-2006. 6 feet fences are allowed in the town. Junkyard allows larger fences. Retaining walls over 3 feet need to be engineered. They discussed: • Shed setback to increase. • Distillery in COP and industry zone. • Parking for daycare • Accessory apartment reduce from 1500 square feet • Private camps • hanging mixed use in a commercial area. • Dwelling units per acre • Large Commercial vehicles • Sheds reduced from 200 square feet to 12x 12 or 144 square feet • Fire lane no parking 3. Motion To: Hire Seasonal Workers in the Buildings and Grounds Department RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Richard Thurston, Supervisor AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz XI. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:45 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Town of Wappinger Page 14 Printed 3/22/2018 A ti co T- Q N Cl) W w N r M O co T- CD N d E is Q y 1 r 0 r 0 r 0 r 0 r 0 r 0 C A N T N r r N r N N r N T T M m MMM � e7 m() a � C m (D C w O � N N (p N C J Q o fn �� 2 N v C co N ' 3 C (6 L N V r �� ` ago 00 M 6Y�,��_o C � fq 3 U Co q — Tom Q ,U U�U Oco /, r co T co T 00 00 T 00 T N W 0 0 0 0 0 0 N N N N N N N_ N N 0 (D ti Q N N N N N N O00 Cn 00 M 4D J 0C)0 N (V r 0 1304 N NN N N N � � � CoNN � -a N N N CSV N V O w� W 0 V♦ O c - A\ cn C c L o y c 0 Ci�C7'LJ 3 c a V N v A f6 V .� L O y y . 4>��V1Y c 0 0 0 o �a� M 0 0 Q) fnw_ mCO in 33L3u, N r NM� l(7 O m O O O O O O Eoa0000 7 Z N N N N N N M M M M M M O C O 0 0 0 A ti co T- Q N Cl) W w N r M O co T- CD N d E is Q �olg�0,3 (gD RECEIVED FES Mid -Hudson StOt.fight • C O N S O R T I U M • SUPERVISOR til igCE February 6, 2018 Dear Municipal Leader: This letter provides an update on the progress of the Mid -Hudson Street light Consortium as it moves to its next phase. Funded by the New York State Energy Research and. Development Authority's (NYSERDA) Cleaner Greener Communities Program to help cities, towns, and villages transition to LED street lights, the Consortium began operations in June 2016 and expects to be active through fourth quarter 201.8. Member organizations are Courtney Strong Inc. (lead), Citizens for � Local Power, Abundant Efficiency LLC, and LightSmart Consulting LLC. 0 As many municipalities are becoming aware, conversion to LED street lights offers $ energy savings of up to 65 percent. As such, it is one of the 10 high -impact actions in the NYSERDA Clean Ene= Communities program. c .in December, the Mid -Hudson Street Light Consortium and the town of Red Hook (Dutchess County) issued a Request for Pro osals for installati n an (optional) maintenance of LED street lights. Eighteen additional municipalities joined as N participants. The town expects to announce the selected bidder within the next 60 w days. The selected firm(s) will enter into separate contracts with participating W municipalities. N The RFP was developed by the consortium particularly for municipalities with fewer than 400 street lights. As a cost-saving measure, it does not include procurement. Rather, the consortium is assisting communities with LED procurement through the State bid system and other group buying opportunities. The consortium also drafted. a second RFP for communities interested in "turnkey" procurement, installation, and optional maintenance services. The city of Kingston (Ulster County) is expected to be the lead municipal'i'ty for the turnkey offering and plans to issue the RFP this spring. Municipalities are invited to join the RFP; however, participating does not commit them to a future purchase. It is simply an opportunity to be a named affiliate in a process that will result in advantageous group pricing. After contractors are selected for both RFPs, the agreed-upon pricing will be available to other communities across New York State for up to one year, under a state procurement law that allows "piggybacking." FEB 2 2 2018 TOWN OF WAPPINGER TOWN ' Packet Pg. 16 The RFP activity is taking place concurrently with efforts by communities .such as Red Hook and Kingston to purchase street lights from their utility company. In 2008, the New York State Comptroller issued a report that recommended municipal. purchase of street lights as an opportunity for substantial cost savings. In 2015, the legislature passed a law setting forth. a streamlined process by which municipalities, may buy street Eights from their utility. All State uhlitts also offer an option for xnuntcipahttes to convert to utttlty awned. LED lights, While ;local governments, must continue to pay „rent" for their street lights in the f orm of monthly fixture,cliarges, these chaTges,tend io be lower than the rates for existing lights, and communities would see long term cost savings, especially when combined with energy'savings. if a municipality chooses the utility LED conversion optionthe Public Service Commission requires.local governments. pay the xematning undepreciated valve of.the replacement lights. Most utilities allow on -bill financing of this upfront cost. . �� "� 11 WN � � NMIINI �iw,cmv Bcuh^, v�xv.nawoxm xov^/m.|x",|x|�n/sn, |mm/ xo,.mu/'w°wx°q�m�oo. mn/z97 0*n/xn./ wI `19x�/z, |^` Si IC R L 1 A N February 16, 2018 Mr. Michael We|ly 30 Market Street Chelsea, New York 12512 'TO NVN () 1-1 WAPPINGER Office of the Superintendent of Ilighways Re: Request for Leave ofAbsence Motor Equipment Operator Dear Michael: Sent via US Certified Mail � x ~~ ~ ��pEkt|^nK mrKichmm r�"r**w xN`uwo,.v Article IX, Section 9 of the Collective Bargaining Agreement between the Town of Wappinger and CSEA Lmce|lOOBAF5CME("C8A")providestha1anunpaN|eavemfebsenceformopethat 2weeks must ba approved bvthe Town Board, | received your written request for aleave ofabsence and forwarded to the Town nfVVapp|ngerTown Board for its consideration. Atits February 12,2U18meeting, the Town Board denied your request for anunpaid leave of absence, Rule XIX, paragraph 6 of Dutchess County Human Resources provides: "An employee who is on an unauthorized absence from work for five work days or more will be considered to be discharged from his/her position. Before the discharge becomes effective, the employee is entitled to naoa|wm written muhcg of such discharge and any benefits conferred by Section 75 a,nd 76 of Civil Service Law orapplicable negotiated disciplinary procedure. In order to exercise those rights, the employee must notify the appointing authority in writing within eight calendar days of the notice advising the employee that the appointing authority has deemed him/her disoharged.° Please be advised that your period ofunauthorized absence from work will bedeemed to begin on February 26, 2018. if you donot appear for work onorbefore, March 5,Z018, five working days will have elapsed and ,|mythe appointing authority, will consider you asdischarged from your position mo Motor Equipment Operator 1nthe Town ofVVapVim0erHighway Department. The Motor Equipment Operator is a non-competitive position and you have, less than five (5) years of W � have been advised by the Attorney to the Town, that you do not have any rights under NY Civil Service Law §75, nor do you have any rights under NY Civil Service Law § 76. You should consult your union representatives to see if you have any rights under the. CBA, .Pursuant to DCHR Rule XIX, paragraph 6 you have eight days to make a claim in writing to exercise any rights that you may have to challenge the discharge. In accordance with Article V, Section 2, Paragraph F, you are entitled to be paid for 85 % of your remaining sick leave credits upon separation of your service with the Town. By March 5, 2018, the Town will confirm what sick leave credits for which you are eligible for payment, Sincerely Yours Vincent I Bettina Superintendent of Highways Town of Wappinger. M, Town Board Town Supervisor Town Clerk Attorney to the Town Dutchess County Human Resources F. Awl no IN= EIVED FEB 2 2 2018 TOWN OF WAPPINGER TOWN CLERK (:^o I �j /D�'/OZ - '9ED 1 0 MORRIS ASSOCIATES VMENGINEERING & SURVEYING CONSULTANTS, PLLC 9 Elks Lane, Poughkeepsie, Now York 12601 Tel: (845) 454-3411 Fax: (845) 473-1962 64 Green Street, Suite 1, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963 February 12, 2018 Dutchess County Department of Health 85 Civic Center Plaza, Suite 106 Poughkeepsie, New York 12601 Attn: Dan Keeler, P.E., Senior Public Health Engineer RE: United Wappinger Water District Tall Trees Interconnection - Amherst Lane, TIO Wappinger Tax Map #6057-02-688646 MA #W21215.20 Dear Mr. Keeler: Please find enclosed the Certification of Construction Compliance for the above referenced project, as well as bacteriological test reports and pressure testing results. The installation was performed in general conformance of the approved plans and specifications for this project. These are submitted in support of the Town of Wappinger's request to operate the interconnection at this time. As -built drawings will be submitted for review by the contractor in the near future. Final As - built drawings will be provided at a later date and does not affect the request for authorization to operate the main. The electrical service has, not been completed at this time but is scheduled. This does not affect operation of the vault. If you have any comments or questions, please feet free to contact the undersigned at (845) 454-3411 ext. 30. RGIJFL/dm Encls. Very truly yours, MORRIS ASSOCIATES, Engineering & Survqying /Robert GE. Engineer i e'Tow R � E CGE[1VE cc: Supervisor Richard Thurston TOWN OF WAPPINGER Mike Tremper, CAMO Pollution Control (w/encl.) John Lazarony, P.E. TOWN CLERK E:Ndocuments\T Wappinge6a W20121W21215 NYCDEP Extension\TaR Trees Emergency InterconnectionOCIDOH Cert 021218.docx W RECREATION COMMITTEE CHAIR Ralph Holt RECREATION DEPARTMENT Jessica Fulton, Director Donna Lenhart, Secretary 20 MIDDLEBLISH ROAD WAPPINGERS FALLS, NY 12590 WWW.TOWNOFWAPPINGER.US (845) 297-4158 - Main (845) 297-0720 - Direct (845) 592-7433- Fax Recreation Department SUPERVISOR Richard Thurston TOWN BOARD William H. Beale Angela Bettina Robert Johnston Michael Kuzmicz TOWN CLERK Joseph P. Paoloni Members of the Community Day Committee met today to discuss a number of items, including the nomination of a Grand Marsha[ for the parade. The nomination of Mr. Ralph Holt was made and seconded and approved. Members voting: Joey Cavaccini, Donna Lenhart, Rob Wilson and Bruce Lustig (by proxy). Members absent: Lou DiCocco, Jessica Fulton, Lisa Spinelli We hereby request the Town Board's appointment as an Item of Special Consideration of Mr. Ralph Holt as the 2018 Community Day Parade Grand Marshal. Thank you. J Vssica Fulton Recreation Director C EE� I J V E -- TOWN OF WAPP'INGER TOWN CLERK 0 0 CL 0 ti co T- Q N co LU W MEMO TO: RICHARD THURSTON, SUPERVISORZ WILLIAM BEALE, COUNCILMAN ANGELA BETTINA, COUNCILWOMAN ROBERT JOHNSTON, COUNCILMAN MICHAEL KUZMICZ, COUNCILMAN FROM: JESSICA FULTON, RECREATION DIRECTOR DATE: FEBRUARY 23, 2018 SUBJECT: COMMUNITY DAY GRAND MARSHAL SUPERVISOR Richard Thurston TOWN BOARD William H. Beale Angela Bettina Robert Johnston Michael Kuzmicz TOWN CLERK Joseph P. Paoloni Members of the Community Day Committee met today to discuss a number of items, including the nomination of a Grand Marsha[ for the parade. The nomination of Mr. Ralph Holt was made and seconded and approved. Members voting: Joey Cavaccini, Donna Lenhart, Rob Wilson and Bruce Lustig (by proxy). Members absent: Lou DiCocco, Jessica Fulton, Lisa Spinelli We hereby request the Town Board's appointment as an Item of Special Consideration of Mr. Ralph Holt as the 2018 Community Day Parade Grand Marshal. Thank you. J Vssica Fulton Recreation Director C EE� I J V E -- TOWN OF WAPP'INGER TOWN CLERK 0 0 CL 0 ti co T- Q N co LU W February 23, 2018 To: Town Clerk Town of Wappingers RE: 30 Day Notification to Municipality for Renewal of Liquor License for Michaels Restaurant located at 146-150 Osborne Hill Road Attached please find the 30 Day Advanced Notice for the renewal of our liquor license, I have enclosed a return, envelope for you. I was hoping that you could send me my stamped copy back in the paid express envelope. If you have any questions or need any further information, please let me know. Thank You an Owner Michaels Restaurant 146-150 Osborne Hill Road Wappingers Falls, NY 12590 (845) 625-3618 IVIED FEB 2 6 2018 rev 1/22/16 OFFICE USE ONLY Original Q Amended Date NSW YE7RK I State Liquor Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a 5'TArF Of Authority Local Municipality or Community Board (Pagel of 2 ) 1. Date Notice Was Sent: February 23, 2018 1 a, Delivered by: Overnight Mail with Tracking Number 2. Select the type of Application that will be filed with the Authority for an On -Premises Alcoholic Beverage License ❑ New Application ❑X Renewal ❑ Alteration ❑ Corporate Change ❑ Removal ❑ Class Change For New applicants, answer each question below using all information known to date. For Renewal applicants, set forth your approved Method of Operation only. For Alteration applicants, attach a complete written description and diagrams depicting the proposed alteration(s). For Corporate Change applicants, attach a list of the current and proposed corporate principals. For Removal applicants, attach a statement of your current and proposed addresses with the reason(s) for the relocation. For Class Change applicants, attach a statement detailing your current license type and your proposed license type. This 30 -Day Advance Notice is Being Provided to the Clerk of the following Local Municipality or Community Board 3. Name of Municipality or Community Board: Town of Wappingers Applicant/Licensee Information 4. License Serial Number, if Applicable; 2194896 Expiration Date, if Applicable: Mar 31, 2018 5. Applicant or Licensee Name: ITMDCS Inc. 6, Trade Name (if any): Michael's 7. Street Address of Establishment: 146-150 Osborne Hill Road 8. City, Town or Village: Wappingers Falls ,NY Zip Code : 12590 9, Business Telephone Number of Applicant/Licensee: 1845-486-5066 10. Business Fax Number of Applicant/Licensee: 845-896-5766 11. Business E-mail of Applicant/Licensee: Shoopydl010@yahoo.com 12. Type(s) of Alcohol sold or to be sold: ❑ Beer & Cider ❑ Wine, Beer & Cider ❑X Liquor, Wine, Beer & Cider 13. Extent of Food Service: ❑R Full food menu; ❑ Menu meets legal minimum food availability requirements; Full Kitchen run by a chef or cook Food prep area at minimum 14. Type of Establishment: Restaurant 15. Method of Operation: ❑ Seasonal Establishment ❑X Juke Box ❑ Disc Jockey [] Recorded Music ❑ Karaoke (Check all that apply) 0 Live Music (Give details: i.e, rock bands, acoustic, jazz, etc.): 0 Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑ Topless Entertainment ❑ Video/Arcade Games ❑ Third Party Promoters ❑ Security Personnel Other (specify): 16, Licensed Outdoor Area: ❑ None ® Patio or Deck ❑ Rooftop ® Garden/Grounds ❑ Freestanding Covered Structure (Check all that apply) ❑ Sidewalk Cafe ❑ Other (specify); 0 J d d 0 CL U) L L 0 U ti 00 Tmm0 N N LU W N r M O 00 TmmO N d >_ is Q rev 1/22/16 OFFICE USE ONLY O Original 0 Amended Date Nw1ro�x� Liquor Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a STATE Df ocaaRTUN�Tr Authority Local Municipality or Community Board (Page 2 of 2) 17. List the floor(s) of the building that the establishment is located on: First Floor 18. List the room number(s) the establishment is located in within the building, if appropriate: 19. Is the premises located within 500 feet of three or more on -premises liquor establishments? kDYes (R)No 20. Will the license holder or a manager be physically present within the establishment during all hours of operation? ®Yes O No 21. If this is a transfer application (an existing licensed business is being purchased) provide the name and serial number of the licensee. 22. Does the applicant or licensee own the building in which the establishment is located? Q Yes (If Yes SKIP 23-26) ® No Owner of the Building in Which the Licensed Establishment is Located 23. Building Owner's Full Name: Momir Guzijan 24. Building Owner's Street Address: 284 Main Street 25. City, Town or Village: BeaconState; NY Zip Codec 12601 26. Business Telephone Number of Building Owner: 845-625-7252 Representative or Attorney representing the Applicant in Connection with the application for a license to traffic in alcohol at the establishment identified in this notice 27. Representative/Attorney's Full Name: Kelley Enderley 28. Street Address: 301 Manchester Road Suite 203 29. City, Town or Village: Poughkeepsie State: New York Zip Cade ; 12603 30. Business Telephone Number of Representative/Attorney: 845-485-7530 31, Business Email Address: kmenderley@lawofficekme.com I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, I affirm - under Penalty of Perjury- that the representations made in this form are true. 32. Printed Name: Susan Lynch Title Secretary Signature: X 0 J 0 V 0 0 CL d L L 0 U ti co O N N W W N r M O co O N 0 l= 0 is Q Tit' (845) 2974194 ,F'rzr. (945)2974560 �olg o ICU9hsonvide Fire Dist P.O. (BoX 545 — Town of Wappinger ,HughsonV&, New Tork,12537 www.HFD45.orA arn,s�w�� T.Urr6 *—d yaf-44 am.« Board of Fire Commissioners Tyler J. Pettit - Chief of Department Ronald P. Andrews - Chairman EdWard I D'Anna -111 Assistant Chief William Spinelli - Deputy Chairman Justin R. Jerrick - 2nd Assistant Chief Erin Beale - Mark Liebermann, Robert Scott Bostwick February 23, 2018 Supervisor Richard Thurston 20 Middlebush Road Wappingers Falls, NY 12590 Supervisor Thurston, Attached, please find a copy'of a letter sent to the Wappinger Town Board on July 27, 2017. To date, we have had no response. to the request to connect to the Town of Wappinger Water System for the purpose of allowing a hydrant to be put on our property and receive domestic water. We, the Board of Fire Commissioners of the Hughsonville Fire District, are requesting to meet with you regarding this matter. Thank you for your attention to this matter. Please contact us at your earliest convenience (845)2974194. Sincerely, On Behalf.of the Board of Fire Commissioners Hughsonville Fire Di trict Cc: Wappinger Town Board H". IMMYED FEB 2 3 2018 TOWN OF WAPPINGER TOWN 0. FPK FEB 2 7 2018 TOWN OF WAPPINGER TOWN QTRK TeL (845) 297-4194 Ta,V (845) 297-4560 Board of Fire Commissioners Ronald P. Andrews — Chairman William Spinelli — Deputy Chairman Erin Beale — John Lorenzini, Mark Liebermann July 27, 2017 7fughsonvilre Fire District To Wappinger Town Board, W, O. (ox 54S — Town of Wappinger Yfughsonvidre, 5Vew Tork12S37 www.HFD45.org 9was Seac-+d Wi(t—d y oxd -Fog 9K/f!G&� No 16 Timothy N. Laffin — Chief of Department Edward J. D'Anna —1 't Assistant Chief Tyler J. Pettit — 2°° Assistant Chief The Board of Fire Commissioners of the Hughsonville Fire District located at 88 Old Hopewell Road, Wappingers Falls, would like to request approval to connect to the Town of Wappinger Water System for the purpose of allowing a hydrant to be put on our property and receive domestic water. Sincerely, On Behalf of the Board of Fire Commissioners Hughsonville Fire District Q JUL 2 8 2017 TOWN OF WAPPINGER TOWN CLERK Hon. Richard Thurston Supervisor Town Offices 4 20 Middlebush Road Wappingers Falls, New York 12590 February 27, 2018 Dear Supervisor The Support Group of the Mid-fludson Valle I am writing on behalf of the Parkinson's Disease Support Group of the Mid Hudson Valley, Inc., of which I am the Scribe /Board Member. As the Town of Wappingers Falls has done for a number of years, we respectfully request that you join the U.S. Senate that each year declares April as World -Wide Parkinson's Disease Awareness Month. I have attached a proclamation template which you can fill in or copy onto your own document, sign and, if you choose, affix your sea]. Last year, the Town of Wappingers Falls and 32 other Hudson Valley municipalities issued a similar proclamation for 2017 as did the New York State Senate and Assembly. Won't you please join our 2018 effort as well? This simple act of educational awareness would be most helpful in spreading the word about this devastating disease and the need for a cure. The document can be mailed to me at the address below or, to our P.O. Box shown at the side. Thank you for your consideration. Respectfully yours, V, Kenneth Chatl,os Scribe Promotin�.�,, qualify qflrf� for Porkinsons patients and theirfinvilies W WNV, In i dh Udso n parki n sons,org P.O. Box 304 LaGrangevffle, NY 12540 914-475-2793 Steering counllitte( Nancy J. Redkey Chair Kenneth C'. Chatlos Scribe MaryLou Heissenbw Community Liaison Mary L. Moody W Membership Secreta . Joan Newman Q TreaSUrer oo Q Anne R. Ofi Mn Q Movement Specialise 00 — Q C*4 Barbara A, Sinclair Z Hospitality Chair Q LO Q X E [11 It 1! 11'! Sill it 11111 11714ENNIUMT81 � I i This undertaking executed this , 8 day of March, 2018 by HYBRID HOM1,',S DI.,1'V1`.LOPERS, JJ,C, a domestic limited liability company, having an address of 69 Alley Road, Lagrangeville, New York 12540 (the "Owner"), to the TOWN OF WAPPINGI-1""R, a municipal corporation with offices located at the Town of Wappinger Town Hall, 20 Nfiddlebush Road, Wappingers Falls, New York, 12590. WHEREAS, the Owner has made application for subdivision approval for a 9 lot subdivision on hands located on New Hackensack Road and are designated as Tax Parcel 66158-02-948876 on the tax maps of the Town of Wappinger (the "Property"); and WHEREAS, the Owner of the Property has made a request to allow the cutting of trees on the Property, prior to the issuance of a Resolution of Conditional Subdivision Approval since US Army Corps of Engineers and NYS DEC regulations require that the cutting of trees may only take place between October 1,1 and March 31" to minimize the possibility of disturbing the migration of Indiana Bat; and WHEREAS, the Planning Board, by motion, approved the Owner's request to cut the trees in the area of subdivision disturbance subject to the condition that the Owner agrees to re -plant trees in the event Final Conditional Subdivision Approval is not granted and provided further that the Owner's agreement to re -plant trees was to be secured by a Cash Deposit in the amount of $4,500.00, which amount was verbally approved by the t'.rigineer to the Town. NOW, THEREFORE, the Owner hereby executes and delivers this Undertaking to guarantee to the Town of Wappinger that if Owner's application for subdivision approval is denied or is otherwise withdrawn, the Owner shall plant replacement trees in the amount and of the species acceptable to the Planner to the Town and the Engineer to the Town, and the Owner shall further restore the site grades to its undeveloped. condition, as near as practicable, to the satisfaction of the Zoning Administrator and the Engineer to the Town, within 120 days of the receipt of demand, weather permitting, and if Owner fails to plant the replacement trees and restore the site grades by such date as set forth above, or such extended date as the Town Board may approve, then the Town of Wappinger shall have the right to draw upon the security posted to plant the replacement trees and restore the property. The Town shall. provide an accounting to the Owner for the expenditure of such sur s, and all amounts remaining on deposit with the Town after the work has been completed, shall be returned to the Owner. As security for this obligation, Owner delivers herewith to Town of Wappinger the following security for faithful performance of this obligation: .A Cash Deposit, in the form of a Certified or Bank Check, in the amount of $4,500.00, made payable to the Town of Wappinger, said amount being the amount determined by the Engineer to guarantee the replanting of trees and which amount is acceptable to the Town of Wappinger Planning Board for such purposes. IPA At such time that the Owner has received a Resolution of Conditional Subdivision Approval, and has otherwise complied with all the conditions of said Resolution, the security for the Undertaking shall be released. IN WITNESS WHEREOF, the undersigned executed this Agreement on this A— day of March, 2018. HYBRID HOMES DEVELOPERS, LLC Shane Furnia, Member/Ow-ner STATE OF NEW YORK ) ) SS: COUNTY OFDUTCHESS) On the IK day of March in the year 201.8 before me personally appeared SHANE FURNIA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which t e individual acted, ekecuted the instrument. Public -3- James Elliot Lentz Notary Public, State of New York Qualified in Dutchoss County No. 01 LE6209454 Exp. August 70,`)-1 i�*Ui DOCUNIENT UP 1`0 THE Ltrallt ff) Vil-.Vv THUE NAHMNAARK, CASHIER'S CHEC'K' Date CHASE 4 p Remitter: SHANE C FURNIA Pay To The TOWN OF WAPPI'NGER Order Of: Pay: FOUR THOUSAND FIVE HUNDRED DOLLARS AND 00 CENTS Do nor wito outsido this box 'f—a �(' A, /e. e" i Memo: "7 ------------------------ Note: For information only Comment has no effect on bank's payment. 282 1 1 1 1 07 NEW 01J08 8810004306 U� ii(A,) DC)CUME1,4K UP TO 114E uGiiir n,) ViEJN'rnUE VVAIE,41MARN 0 9482914107 25--3 —j 03/08/2018 Void after 7 years 440 0 ILL 5D F- 0 r- V4,500,00 0 •E I Drawer.. JPMORGAN CHASE BANK, N.A. (D 0 LL Ryan A. Crowley, Managing Director JPMorq,an Chase Bank, N,& 0 --- CL Columbus, OH' 94 a 2914 LD 7110 1:00,0000371: 7 5 a r. � LL, 3 311' W RESOLUTION NO. 2018 - RESOLUTION ACCEPTING UNDERTAKING SECURED BY CASH DEPOSIT FOR RESTORATION IN CONNECTION WITH FURNIA SUBDIVISION At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 12t�' day of March, 2018, at 7:30 P.M. The meeting was called to order by Richard L. Thurston, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Richard L. Thurston Council Members - William H. Beale Angela Bettina Robert Johnston Michael Kuzmicz ABSENT: The following Resolution was introduced by and seconded by WHEREAS, Hybrid Home Developers, LLC, a domestic Limited Liability Company, having an address of 69 Alley Road, Lagrangeville, New York 12540, hereinafter referred to as the "Owner", has made application for subdivision approval to the "1 of Wappinger Planning Board for a subdivision of a 7.56 acre parcel into 9 individual residential lots for the purpose of constructing single-family residences on all of the newly created lots; and WHEREAS, the parcel is located on the northwest side of New Hackensack Road near the intersection of Daisy Lane and is designated as Tax Parcel 6158-02-948876 on the tax neap of the Town of Wappinger (the "Property"); and WHEREAS, the Owner of the Property made a request for permission to cut trees on the Property, prior to the issuance of a Resolution of Final Conditional Subdivision Approval since the LIS Army Corps of Engineers and the NYS DEC regulations require that the cutting of trees may only take place between October 1. and March 31 to minimize the possibility of disturbing the migration of Indiana Bats; and WHEREAS, at the March 5, 2018 meeting, the Planning Board granted the Owner's request to cut the trees, but not to remove them, on the express condition that the Owner agreed to re -plant trees in the event Subdivision. Approval was not granted and said agreement was to be secured by a Cash Deposit in an amount approved by the Engineer to the Town, and acceptable to, the Planning Board, specifically in the sum of $4,500.00; and WHEREAS, the Planning Board intends, at its next meeting, to adopt a Negative Declaration pursuant to SEQRA for the subdivision; and WHEREAS, the Owner is to execute and deliver to the Town an Undertaking secured by a Cash Deposit in the amount of $4,500,00, in the form of a bank check or certified check, paid to the order of the Town of Wappinger, as security for the faithful performance of the obligations set forth in the Undertaking; and WHEREAS, the terms of the Undertaking authorize the Town of Wappinger to draw against the aforementioned cash security posted in the event the Owner does not restore the project site in accordance with the terms and conditions set lorth in the Undertaking. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth. are incorporated in this Resolution as if fully set forth and adopted herein. -2. 2. The Town Board hereby determines that the Undertaking executed by lybrid Home Developers, LLC and secured by a Cash Deposit in the sum of $4,500.00, is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Owner does not ftiffill the obligations to re -plant trees in the event Subdivision Approval is not granted all as set forth in the Undertaking. 3. The Town Board hereby accepts the tJndcrtakiDg executed by Hybrid Home Developers, LLC, a domestic Limited Liability Corporation, having an address of 69 Alley Road, Lagrangeville, New York 12540, secured by a Cash Deposit in the form of a Batik Check/Certified Check in the amount of $4,500.00 paid to the order of the Town of Wappinger, as security for the faithful performance for the completion of the obligations set -forth in the Undertaking. 4. The Town Supervisor is directed to deposit the aforementioned Cash Deposit in a batik account maintained by the Town, to be held in escrow, pending compliance with the terms of the Undertaking. The foregoing was put to a vote which resulted as follows: RICHARD L. THURSTON, Supervisor WILLIAM H. BEALE, Council Member ANGELA BETTINA, Council Member ROBERT JOHNSTON, Council Member MICHAEL KUZMICZ, Council Member Dated: Wappingers Falls, New York March 12, 2018 Voting Voting Voting Voting Voting The Resolution is hereby duly declared adopted. JOSEPH P. PAOLONLTOWN CLERK -3- UNDERTAKING SECURED BY CASH DEPOSIT FOR RESTORATION This undertaking executed this day of March, 2018 by HYBRID HOMES DEVELOPERS, LLC, a domestic limited liability company, having an address of 69 Alley Road, Lagrangeville, New York 12540 (the "Owner"), to the TOWN OF WAPPINGER, a municipal corporation with offices located at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, 12590. WHEREAS, the Owner has made application for subdivision approval for a 9 lot subdivision on lands located on New Hackensack Road and are designated as Tax Parcel 66158-02-948876 on the tax maps of the Town of Wappinger (the "Property"); and WHEREAS, the Owner of the Property has made a request to allow the cutting of trees on the Property, prior to the issuance of a Resolution of Conditional Subdivision Approval since US Army Corps of Engineers and NYS DEC regulations require that the cutting of trees may only take place between October 1st and March 31st to minimize the possibility of disturbing the migration of Indiana Bat; and WHEREAS, the Planning Board, by motion, approved the Owner's request to cut the trees in the area of subdivision disturbance subject to the condition that the Owner agrees to re -plant trees in the event Final Conditional Subdivision Approval is not granted and provided further that the Owner's agreement to re -plant trees was to be secured by a Cash Deposit in the amount of $4,500.00, which amount was verbally approved by the Engineer to the Town. NOW, THEREFORE, the Owner hereby executes and delivers this Undertaking to guarantee to the Town of Wappinger that if Owner's application for subdivision approval is denied or is otherwise withdrawn, the Owner shall plant replacement trees in the amount and of the species acceptable to the Planner to the Town and the Engineer to the Town, and the Owner shall further restore the site grades to its undeveloped condition, as near as practicable, to the satisfaction of the Zoning Administrator and the Engineer to the Town, within 120 days of the receipt of demand, weather permitting; and If Owner fails to plant the replacement trees and restore the site grades by such date as set forth above, or such extended date as the Town Board may approve, then the Town of Wappinger shall have the right to draw upon the security posted to plant the replacement trees and restore the property. The Town shall provide an accounting to the Owner for the expenditure of such sums, and all amounts remaining on deposit with the Town after the work has been completed, shall be returned to the Owner. As security for this obligation, Owner delivers herewith to Town of Wappinger the following security for faithful performance of this obligation: A Cash Deposit, in the form of a Certified or Bank Check, in the amount of $4,500.00, made payable to the Town of Wappinger, said amount being the amount determined by the Engineer to guarantee the replanting of trees and which amount is acceptable to the Town of Wappinger Planning Board for such purposes. -2- At such time that the Owner has received a Resolution of Conditional Subdivision Approval, and has otherwise complied with all the conditions of said Resolution, the security for the Undertaking shall be released. IN WITNESS WHEREOF, the undersigned executed this Agreement on this day of March, 2018. HYBRID HOMES DEVELOPERS, LLC I: STATE OF NEW YORK ) ) SS: COUNTY OF DUTCHESS) Shane Furnia, Member/Owner On the day of March in the year 2018 before me personally appeared SHANE FURNIA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -3-