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2018-04-23
Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, April 23, 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 Salute to the Flag Adoption of Agenda 1. Motion To: Adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz IV. Acknowledge Minutes 1. Motion To: Acknowledge April 9th, Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz V. Public Hearings 1. Resolution Introducing Local Law No. 2 Of 2018 Which Would Amend Chapter 185, Property Maintenance, Of The Town Code With Respect To Lawns And Vegetative Groundcover Town of Wappinger Page 1 Printed 5/10/2018 Regular Meeting Minutes April 23, 2018 RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Resolution Introducing Local Law No. 3 Of 2018 Which Would Amend Chapter 153, Junkyards, Of The Town Code With Respect To Fencing And Screening RESULT: CLOSED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 3. Resolution Introducing Local Law No. 4 Of 2018 Which Would Amend Chapter 137, Freshwater Wetland, Waterbody And Watercourse Protection, Of The Town Code With Respect To The Demarcation Of Wetlands And Wetland Buffers RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz VI. Public Portion 1. Motion To: Open Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz VII. Discussions 1. Highway Paving Plan Highway Superintendent Bettina spoke of Paving Plans and Blacktop Pricing attached as communications to the minutes. Town of Wappinger Page 2 Printed 5/10/2018 Regular Meeting Minutes April 23, 2018 To: Supervisor Thurston and. Town IBoard From: Vincent IBettttina Re: BLACKTOP RRICIING AND IEWIIF"IMEJNT IRENTAL Date: April 20, 20118 Be advised that Tile>on INeww York, Inc has glu hotted $ 515.00 per ton, for type 15 blacktop for the resurfacing of the Town IRoads and their glu iiotte is below the IDu itchess Couinty rates. IIam also rec>ornmending the rental be awarded to A„vello IBrotthers Laving Contractors 150 IFultton Street Poughkeepsie INY as they are listed on Dutchess County Office of Central B-ervices and US Department of (Labor and have attached their rates. The following roads are being recommended for paving and upon Board approval will need) to arnend the 284 agreement for funding The total rnileage is approximately 7.85 miles Ward1' IlKettchamttown IRd 1.90 Ward) 2 (Park IHlill .70., (Carmel Ct..015, Bhadyrbrook ILn .15, (Boxwood) Close 15 IfVUocassin View Rd.22 Flinttrock IRd. . , IF-Neatther Ctt .08 Ward 8 (Pine IF-Nill ICDr .24 IDorothy IHleightts .42, Kana IPI .110, IPlaza IRd1..21 , IRusset ILn. 08„ ILosee IRd .94 Ward) 4 (Lor -(Mar IRd..35 IF -Ni View .1511 !)Upon reviewing the above roadls with, the Town (Engineer a cost estimate will be given to the IBoard for considlerattion and approval. The roads will need) to be milled) and Tilc>on has agreed to take the material at no extra, cost. According to Comptroller Awino there is approximately $1524,820.00 available and includes 20118 CHIPS,, Pave ICwV`r'°, andl IExtreme weather fu finding. The balance of S 045,000 is included in the amount as the brand Funds were approved) to be used for last year's resurfacing. Unfortunately tthe list of roads nor the fu finding was in place u iinttil (November and the IPlaints closed) in IBeceumber umaking it impossible to complete the necessary resurfacing. I' will be commencing resurfacing of IDorothy IHeights, (Pine IF-Nill IRd and IKetcham town upon approval of the Renttal and blacktop quote. II want to thank the (Board members for their cooperation regarding their selection, of roads to paved. 2. RFP Recycle Center Supervisor Thurston asked the attorney speak briefly on the Bulk Pickup issue. Attorney Horan discussed the RFPs for the operation of the Transfer Station. He discussed the costs associated with a bulk pickup. Councilman Beale explained that options have to be always explored due to rising costs and DEC requirements. 3. Dial a Ride Marty Burke, general manager of dial -a -ride approached the board to introduce Amanda Zaman, assistant manager. Amanda explained the operation. She explained that you can register online or by phone at 845 473-8424. The town operates 5 days a week from 8AM to 4:30PM. Some days the bus goes to Poughkeepsie and some days to Fishkill and everyday locally throughout Wappinger. Monday it goes through Wappinger and Fishkill. Tuesday, it goes to the South Hills Mall and Castlepoint. For appointments, you simply call in and tell them what time to be picked up. They take reservations 30 days in advance. Numbers have gone down from Imperial and from DeMarco. Medical calls are permitted on a first come first serve basis. All the information is on their website at www.dutchessny.gov. There are no eligibility requirements Bus routes and schedules are available at the senior center. Director Fulton was charged with getting the information out by getting a slide or film for the town website. Town of Wappinger Page 3 Printed 5/10/2018 Regular Meeting Minutes April 23, 2018 4. 6. Bigor Discussion Sergeant Bigor came to report on the shared police services. He explained all the ancillary services that they provide besides just the patrol. They include full services, equipment, training, first responders, administrative costs, facilities, and insurance; all for the hourly rate that the town pays. He also commented on how Wappinger spends a fraction on police services as compared to other towns. The town owns the vehicles and it was recommended to purchase newer vehicles which have mileage in the range of 100,000 miles. The board agreed to continue to own the vehicles rather than lease them. One is a 2011 and the other is a 2012. Councilman Beale recommended purchasing a new vehicle immediately and purchase the other in a few months toward the fall using Hudson Valley Public Safety Lighting using one vendor. He ended by handing out a document to the board for their personal filing; but, nothing to the Town Clerk for permanent filing in the online cloud storage per these minutes. Buildings and Grounds Dump Truck Steve Frazier handed out the quotes for a dump truck as follows. The board agreed to have a resolution prepared. Spook Hill Park County Grant Randi Ross from Dutchess County Parks came to discuss an improvement at Spook Hill Park. Councilman Kuzmicz added that last year there was action about this as a handicap accessible park and is looking forward to learning more about the details of what the status is and what would be necessary to get it finalized. Councilman Kuzmicz asked, "What are the new aspects to it, Mr. Ross, from what we discussed last year. Pd like to just know the new aspects." Mr. Ross did NOT acknowledge any prior aspects, but only spoke to the basic overview of three phases. He spoke of what was necessary to START the application and made no reference to any prior application requested by Councilman Kuzmicz. Mr. Ross pointed out that there are 5 towns requesting the grant. He said the town needed a resolution a price and a groundbreaking date. He added the grant cycle is in three years. He addressed additional parking, buffer zone tree work, voluntary services, and park details. He pointed out that the focal point of the park is the center portion that will have an outdoor exercising area. He expressed interest in improving the swing set. He talked about the East Fishkill Park that was done recently under this process that had Handicap accessible picnic tables working with the Eagle Scouts. This would complete Phase 1. Each grant comes with each phase. In Phase 2 he recommended more parking, dugout improvement. He added that this would be part of the Think Differently Initiative. Park Rx Initiative where doctors and chiropractors send their patients to the park to use the exercise area. Dutchess County Tourism is looking to get this part of their program. Attorney Horan pointed out that the volunteer services would count as part of the match. 7. Motion To: Change the May Board Meeting from May 29th to May 30th 7:30PM RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 8. Motion To: Friends of Carnwath Request To Release Funds Town of Wappinger Page 4 Printed 5/10/2018 Regular Meeting Minutes April 23, 2018 COMMENTS - Current Meeting: Town Historian Cavaccini addressed the board to request beatification funds from the Friends of Carnwath account. Dear Supervisor Thurston and. Town Board Believe it or not but Spring is upon pus once again and the mune for the beautification of our Town has begun! II ani writing on behalf of the Friends c Cam Wath Farms Historic Site & Park Incorporated, ill which II arm the Execuuti Director. We are requesting to withdraw $3,000 from the "Friends of Carnwat accouunt that the Town of Wappinger holds, for our organization. As you know fiends m' our account are not the taxpayers, but donations from fiurndra:isers and various, donors to ottr cause. We intend to uuse this nioney on beautification items such as plantings„ directory signage, etc. for the park. We also intend to fiund the project of brig ruunning vwater and restrocom facilities, an internal fire alarms systems, and heat is first floor level of the Reese Cuultaral Center which houses the Sports Museum Dutchess Comity. Councilman Johnston asked to begin the process to transfer the $48,000 funds back to the Friends of Carnwath account. The board still wants to maintain oversight of the use of funds. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz VIII. Resolutions 1. Resolution 2018-91 Resolution Appointing Members To Town Of Wappinger Recreation Committee ATTACHMENTS: • Res 2016-132 Reorganizing Recreation Committee (PDF) RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Resolution 2018-93 Resolution Authorizing Supervisor To Execute Dial -A -Ride Agreement HISTORY: 04/09/18 Town Board TABLED Next: 04/23/18 Town of Wappinger Page 5 Printed 5/10/2018 Regular Meeting Minutes April 23, 2018 ATTACHMENTS: • Working Draft for Contract 17 -0189 -12 -17 -PT CA File 12298 Vendor ... (PDF) RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 3. Resolution 2018-95 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Route 376 Holdings, LLC ATTACHMENTS: • Letter to Town Board 4.18.2018 (PDF) RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 4. Resolution 2018-96 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding 1271 Route 9 Realty ATTACHMENTS: • 2-2015 letter to Town Board (PDF) RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 5. Resolution 2018-97 Resolution Authorizing Refund Of Unused Escrow For Chelsea Ridge Pre -Fab Pool Shed Site Plan (Account 17-3374) RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 6. Resolution 2018-98 Resolution Introducing Local Law No. 6 Of 2018 Which Would Amend Chapter 240, Zoning, Of The Town Code With Respect To A Variety Of Matters Town of Wappinger Page 6 Printed 5/10/2018 Regular Meeting Minutes April 23, 2018 ATTACHMENTS: • zoning LL 4-12-18.dhs (PDE) • zoning LL6 ph notice.dhs (PDE) RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 7. Resolution 2018-99 Resolution Introducing Local Law No. 7 Of 2018 Which Would Amend Chapter 122, Fees And Fines, Of The Town Code With Respect To A Variety Of Matters ATTACHMENTS: • fees LL 5-7-18.dhs (PDE) • fees LL7 ph notice (PDE) RESULT: TABLED [UNANIMOUS] Next: 5/14/2018 7:30 PM MOVER: Angela Bettina, Councilwoman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 8. Resolution 2018-100 Resolution Introducing Local Law No. 8 Of The Year 2018, Amending Chapter 221, Article Vii Of The Town Code Regarding A Real Property Tax Exemption For Real Property Owned By Veterans Of The Cold War ATTACHMENTS: • Local Law 8 of 2018 Cold War Veterans Tax Exemption (PDE) • Notice of Public Hearing Cold War Tax Exempt Amendment (PDE) RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 9. Resolution 2018-101 Resolution Authorizing Change Order Nos. 3, 4, 5 & 6 For The Emergency Services Building Renovation Project General Construction Contract No. 17-003g ATTACHMENTS: • 04-06-18 MA Recommendation for Change Orders #3, 4, 5 & 6 (PDE) Town of Wappinger Page 7 Printed 5/10/2018 Regular Meeting Minutes April 23, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 10. Resolution 2018-102 Resolution Authorizing Study Of Accessibility Upgrades To Spook Hill Park RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 11. Resolution 2018-103 Resolution Authorizing Supervisor To Execute Amendment No. 4 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" ATTACHMENTS: • Wappinger IGA Amendment 4 NH draft 4-16-18 (PDF) RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 12. Resolution 2018-104 Resolution Approving Machinery And Equipment Rental Rates With Operators For Use By The Highway Department Pursuant To Highway Law § 143 ATTACHMENTS: • 2018-04-18 from V Bettina re Equipment Rental & Blacktop (PDF) RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 13. Resolution 2018-105 Resolution Appointing Board Of Assessment Review Member Town of Wappinger Page 8 Printed 5/10/2018 Regular Meeting Minutes April 23, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 14. Resolution 2018-106 Resolution Authorizing The Renaming Of "Recreation Drive" To "Ralph Holt Way" RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 15. Resolution 2018-107 Resolution Authorizing Acquisition Of Environmental And Pollution Prevention Insurance Coverage RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 16. Resolution 2018-110 Resolution Adopting Negative Declaration In Connection With Five (5) Local Laws Amending Chapter 240, Zoning, Chapter 137, Freshwater Wetland, Waterbody And Watercourse Protection, Chapter 153, Junkyards, Chapter 185, Property Maintenance, And Chapter 122, Fees And Fines, Of The Town Code With Respect To A Variety Of Matters ATTACHMENTS: • misc code amendmts neg dec.dhs (PDF) • Part 1, Full EAF (PDF) RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 17. Resolution 2018-111 Resolution Adopting Local Law No. 2 Of 2018 Which Would Amend Chapter 185, Property Maintenance, Of The Town Code With Respect To Lawns And Vegetative Groundcover Town of Wappinger Page 9 Printed 5/10/2018 Regular Meeting Minutes April 23, 2018 ATTACHMENTS: • property LL 2-7-18 clean.dhs (PDF) RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 18. Resolution 2018-112 Resolution Adopting Local Law No. 3 Of 2018 Which Would Amend Chapter 153, Junkyards, Of The Town Code With Respect To Fencing And Screening ATTACHMENTS: • junkyards LL 2-7-18 clean.dhs (PDF) RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 19. Resolution 2018-113 Resolution Adopting Local Law No. 4 Of 2018 Which Would Amend Chapter 137, Freshwater Wetland, Waterbody And Watercourse Protection, Of The Town Code With Respect To The Demarcation Of Wetlands And Wetland Buffers ATTACHMENTS: • LL234 DCPD Zoning Response (PDF) • wetlands LL 2-7-18 clean.dhs (PDF) RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz IX. Correspondence Log 1. Resolution 2018-108 Correspondence Log ATTACHMENTS: • 2018-04-23 (PDF) Town of Wappinger Page 10 Printed 5/10/2018 Regular Meeting Minutes April 23, 2018 1. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Items For Special Consideration Motion To: Approve New Hires for Buildings and Grounds COMMENTS - Current Meeting: From. Steve Frazier Sent Monday, April 23,, 21018 3:03 ISM To: rthuv rstoin@l'town afvvappinger.uu CIC; Sandlra ' a lhiio accheoto n1of luiject: New Mires p' will request that the following candidates ]III the vacaint positions ilr '7'1� „ 1.11 1 ' laid ' i i 3 #ol rard Harris A711101.0105 Seasonal George La luz 7111 . 1 i ,'seasonal Anthony avaliere A71,10.01019 I" lalintenian e,' Summer #2 tela p w+e n Lewis Thi�a n k. you teen Frazier uwper isor Buildings & Grounds Towin of Wapgpin, er Town of Wappinger Page 11 Printed 5/10/2018 Regular Meeting Minutes April 23, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz XI. Executive Session - Highway Superintendent Appeal & Cell Tower Contract 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Thurston, Supervisor SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Thurston, Supervisor SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz XII. Resolution after Executive Session 1. Resolution 2018-109 Resolution Authorizing Cell Tower Lease Negotiations RESULT: WITHDRAWN XIII. Adjournment Motion To: Wappinger Adjournment & Signature COMMENTS - Current Meeting: The meeting adjourned at 9:55 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 12 Printed 5/10/2018 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2018-91 Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4968 Resolution Appointing Members To Town Of Wappinger Recreation Committee WHEREAS, by Resolution 2016-132 the Town Board reorganized the Recreation Committee so that it was comprised eight (8) members with two-year terms that all expire on December 31 in the year of the biennial Town Election; and WHEREAS, on December 31, 2017, the terms of all Recreation Committee members expired; WHEREAS, the following members have expressed an interest to serve on the Town of Wappinger the Recreation Committee; and WHEREAS, the Town Board desires to appoint the following seven members to fill the expired terms. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints the following persons to serve as Members of the Recreation Committee to fill the vacancies which terms all expire on December 31, 2019: The Town Board shall appoint the Chairman of the Recreation Committee and the Chairman shall have the authority to appoint a Vice Chairman who shall act when the Chairman is absent. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/19/2018 2:01 PM by Joseph P. Paoloni Page 1 Name Position 1 Ralph Holt Chairman 2 Patrick Barrett Member 3 Joey Cavaccini Member 4 Bruce Lustig Member 5 Randy Ross Member 6 Lisa Spinelli Member 7 Robert Wilson Member 8 Vacant The Town Board shall appoint the Chairman of the Recreation Committee and the Chairman shall have the authority to appoint a Vice Chairman who shall act when the Chairman is absent. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/19/2018 2:01 PM by Joseph P. Paoloni Page 1 ER-ING 1 RES -2016-132 Resolution Confirming Organizational Structure And Authority Of Recreation Committee And Appointing Member Town of Wappinger a Adopted Pr 11 2016 New York Resolution RES -2016-132 Resolution Confirming Organizational Structure And Authority Of Recreation Committee And Appointing Members Department: Town Clerk Sponsors: Category: Appointments / Functions: Recreation Terminations :sO jj WHEREAS, the Town Board originally created the Town of Wappinger Recreation Committee on Ma, $, 1, 1960; and Q WHEREAS, the Recreation Committee has provided invaluable service and input to the Town Board i1 0 its guidance of recreational activities in the Town of Wappinger; and WHEREAS, since the Town Board originally formed the Recreation Committee by motion on May 1 0 1960, many changes have occurred to the Town's recreational programs, the increase in number of recreationa programs provided by the Town and the Town Board's creation of the positions of Recreation Director and pai( Chairman to the Recreation Committee; and �o WHEREAS, the last time any formal appointments were made to the Recreation Committee was b, c Resolution adopted by the Town Board on January 10, 2011, pursuant to which two members were appointed tj v the Recreation Committee, Robert Buyakowski and Peter Antonelli with no designated term for thei � appointment; and WHEREAS, the Town Board wishes to formalize the organizational structure, duties, and authority o the Recreation Committee and to confirm and establish a two year term of appointment of all Recreat101 'E Committee Members, all of whom shall serve at the pleasure of the Town Board; and o WHEREAS, all terms of the present Members of the Recreation Committee have expired. v NOW, THEREFORE, BE IT RESOLVED, as follows: o 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 and re-establishes the duties and authority of the Town of Wappinger Recreation Committee as hereinafter set forth. 3. The Recreation Committee shall consist of eight (8) Members who shall be appointed for a period of two years at the Town Board Reorganization Meeting following the bi-annual election of Town Board a, Members. 0 4. The Recreation Committee Members shall serve at the pleasure of the Town Board and may be removed by the Town Board at any time, with or without cause. 5. The Town Board hereby acknowledges and confirms that the existing Recreation Committee Members are as follows: N Chairman - Ralph J. Holt Member - Robert Buyakowski Member - Louis DiCocco Member - Bruce Lustig Member - Marjorie Schifini Member - Annelise Spinelli 6. The Town Board hereby appoints two new Members, Beatrice Ogunti and Joey Cavaccini. http://wappingertownny.igm2.com/Citizens/Detail_LegiFile.aspx?ID=4501 &h ig hl ig htTe rms= recreation %20co m mittee& Print=Yes 4/5/2018 RES -2016-132 Resolution Confirming Organizational Structure And Authority Of Recreation Committee And Appointing Member° [° 7. Because this is an interim term appointment, the term of all the Members above-recilea snall expire on December 31, 2017. 8. The Recreation Committee shall report all of its advice and recommendations to the Tow1 Board through the Chairman of the Recreation Committee. All Recreation Committee recommendations an( reports shall be made by written Resolution and all such written Resolutions shall be reported to the Chairmai of the Recreation Committee with a copy given to the Director of Recreation and the Town Board. 9. The Recreation Committee shall be charged with the general oversight and recommendation for all recreational activities within the Town. Such oversight and recommendations shall include the use an( assignment of Town of Wappinger Recreation Fields, the coordination thereof with Town of Wappinge sanctioned recreation programs, including, but not limited to, youth baseball programs, youth football programs youth soccer programs, tennis programs (both youth and adult) and such other recreational programs an( activities as shall be undertaken by the Town. The Recreation Committee shall also provide and arrange volunteer support for all of such programs as needed by the Town and as recommended by the Director of Recreation. The Recreation Committee shall also make recommendations to the Town Board of both existing and proposed recreational activities, including the nature, types and frequency of such activities, make recommendations on the appointment of instructors for the various recreation programs and to provide guidance for future recreation programs and activities. Meeting History Q a Apr 11, ideo Town Regular Meeting Draf Board RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman d SECONDER: Michael Kuzmicz, Councilman AYES: Lori A. 3iava, William H. Beale, William Ciccarelli, John 3. Fenton, Michael Kuzmicz w 0 T- 40 CV Discussion W LU � 'Add Comment Powered by Accela - Legislative Management http://wappingertownny.igm2.com/Citizens/Detail_LegiFile.aspx?ID=4501 &h ig hl ig htTe rms= recreation %20co m mittee& Print=Yes Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2018-93 Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4972 Resolution Authorizing Supervisor To Execute Dial -A -Ride Agreement WHEREAS, the Town has previously entered into Agreements with Dutchess County to provide a joint service transportation system for senior citizens and handicapped individuals; and WHEREAS, said Agreement has been amended and extended from time to time; and WHEREAS, Dutchess County has presented a proposal to the Town to provide such transportation service for calendar year 2018 as set forth in a proposed Agreement, a copy of which is attached hereto; and WHEREAS, the Town desires to enter into said Agreement for the calendar year 2018, on the terms and conditions as set forth in the Agreement. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby accepts the terms and conditions set forth and contained in the above-mentioned Agreement, a copy of which is attached hereto, to provide a transportation service system for senior citizens and handicapped individuals and agrees to pay the annual sum of Fifty -Seven Thousand Seven Hundred Thirty Dollars ($57,730.00) for such service, payable in quarter -annual payments as contained in the Dial -A -Ride Transportation 2018 Municipality Payment/Service Schedule (Exhibit B). The Town of Wappinger hereby approves the Dial -A -Ride Agreement, in effect for calendar year 2018 and retroactive to January 1, 2018, in the form annexed hereto and authorizes and directs the Supervisor Richard Thurston to execute the Agreement by and on behalf of the Town of Wappinger. HISTORY: 04/09/18 Town Board TABLED Next: 04/23/18 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/5/2018 11:21 AM by Joseph P. Paoloni Page 1 EXTENSION AND AMENDMENT AGREEMENT THIS AGREEMENT, bearing the date set forth on the signature page, by and between the COUNTY OF DUTCHESS, a municipal corporation with offices at 22 Market Street, Poughkeepsie, New York 12601 (hereinafter referred to as the "COUNTY"), and TOWN OF WAPPINGER, a municipal corporation whose address is 20 Middlebush Road, Wappingers Falls, New York 12590 (hereinafter referred to as the "MUNICIPALITY"). WITNESSETH: WHEREAS, the parties hereto made and entered into an agreement dated May 22, 2017 (County Contract No. 17 -0189 -12/17 -PT), for the Municipality to provide contributory funding to the County for the Dial -A -Ride public transportation system, and WHEREAS, the parties desire to amend and extend the term of said contract for an additional period of one (1) year, upon the terms and conditions hereinafter set forth, now, therefore, it is mutually agreed by and between the parties hereto that County Contract No. 17- 0189 -12/17 -PT, dated May 22, 2017, is hereby amended and extended upon the following terms and conditions. 1. Paragraph entitled "Term of Agreement," shall provide as follows: This Agreement shall be effective January 1, 2018 and shall terminate on December 31, 2018, unless otherwise terminated as set forth herein. 2. Paragraph entitled "Payment," shall provide as follows: The Municipality shall make payments to the County, pursuant to a signed voucher submitted to by the County to the Municipality), in accordance with the schedule of collections attached hereto as Exhibit "B-1" and made a part hereof. Payments by the Municipality will not exceed $57,960.00 during the term of this agreement. 3. Paragraph entitled "Notice" shall be amended in part as follows: FOR THE COUNTY: Robert Balkind, Commissioner Dutchess County Dept. of Public Works 626 Dutchess Turnpike Poughkeepsie, NY 12603 (email: rbalkind@dutchessny.gov) Anne Marie Smith, Esq. Senior Assistant County Attorney Dutchess County Attorney's Office 22 Market Street, 5th Floor Poughkeepsie, NY 12601 (email: amsmith@dutchessny.gov) John Andoh, County Transit Administrator Dutchess County Department of Public Works — Public Transit Division 14 Commerce Street Poughkeepsie, NY 12601 (email: jandoh@dutchessny.gov) File #: 12298 1 4. All other terms and conditions of the underlying agreement, and any amendment thereto not expressly amended or altered by this agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 20 APPROVED AS TO FORM: County Attorney's Office APPROVED AS TO CONTENT: Department of Public Works Public Transit File #: 12298 2 ACCEPTED : COUNTY OF DUTCHESS Marcus J. Molinaro County Executive TOWN OF WAPPINGER an Dr. Richard Thurston, Town Supervisor EXHIBIT B-1 DIAL -A -RIDE TRANSPORTATION 2018 MUNICIPALITY PAYMENT/ SERVICE SCHEDULE Day Wappinger Monday X Tuesday X Wednesday X Thursday X Friday X Rate per day: 1 $ 230.00 Wappinger Day No. of days Payment No. of days Payment No. of days Payment No. of days Payment No. of days Paymen Monday 11 $ 2,530.00 12 $ 2,760.00 12 $ 2,760.00 13 $ 2,990.00 48 $ 11,040 Tuesday 13 $ 2,990.00 13 $ 2,990.00 13 $ 2,990.00 12 $ 2,760.00 51 $ 11,730 Wednesday 13 $ 2,990.00 13 $ 2,990.00 12 $ 2,760.00 13 $ 2,990.00 51 $ 11,730 Thursday 13 $ 2,990.00 13 $ 2,990.00 13 $ 2,990.00 12 $ 2,760.00 51 $ 11,730 Friday 13 $ 2,990.00 13 $ 2,990.00 13 $ 2,990.00 12 $ 2,760.00 51 $ 11,730 Totalsr f, .................... ..... �?.... .,. .......r, f,r ......,.,. + .......,.,. �? #{X...., ......,.,,r. d e Dial -A -Ride scheduling may implement a cooperative schedule for all Dial -A -Ride trips. This cooperative scheduling will not affect each municipality's users except to r increase the number of trips per day available to each participant. This cooperative schedule will not incur any additional costs to the participating municipalities. N r e w 00 T - 9 e ti r Town of Wappinger Meeting: 04/23/18 07:30 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Tax Certioraries $125,000 Prepared By: Joseph P. Paoloni ADOPTED Initiator: Joseph P. Paoloni Sponsors: RESOLUTION 2018-95 DOC ID: 4971 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Route 376 Holdings, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2017 by Route 376, LLC regarding the parcel of real property located at 1592 Route 376, Grid No. 6259-04-530251-00000, seeking a reduction in the 2017 tax assessment for the 2017/2018 tax roll; and WHEREAS, the owners of the above referenced parcel have agreed to withdraw the petition requesting a reduction for said tax roll; and WHEREAS, the Assessor and Special Counsel have recommended settlement of this tax review proceeding; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2017 as it pertains to: Grid No.: 6259-04-530251-00000 Year Original Total Assessment Final Assessment Reduction in Assessment 2017 $550,000 $125,000 425,000 and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/18/2018 11:12 AM by Joseph P. Paoloni Page 1 STENGER ROBERTS DAVIS & DIAMONDLLP ifiIII4191007mol Wappingers Falls, New York 12590 (845) 298-2000 FAX (845) 298-2842 www.srddlaw.com e-mail: info@srddlaw.com Kenneth M. Stenger April 10, 2018 Albert P. Roberts, Town Board Partner Emeritus Thomas R. Davis Town of Wappinger 20 Middlebush Road Stephen P. Diamond* Wappingers Falls, NY 12590 Attn: Hon. Richard L. Thurston, Supervisor Joan F. Garrett— Re: Route 376 Holdings, LLC v. Town of Wappinger James P. Horan— SRDD File No.: 30374.0146 Ian C. Lindars Dear Supervisor Thurston & Town Board Members: Darren H. Fairlie Jessica Z. Segal Please be advised that the above referenced proceeding is a tax certiorari matter for the assessment year 2017. This proceeding involves one parcel located at 1592 Route 376, which is an unoccupied commercial property. It's a OF COUNSEL former service station and is contaminated. The property is currently assessed Scott L. Volkman at $550,000.00. Because of the status of the subject property we are proposing Karen MacNish a settlement assessment of $125,000.00 which is a reduction of $425,000.00. Jessica J. Glass Meghan Mossey Enclosed is a Resolution for your consideration. PARALEGALS If you have any questions in the meantime, please do not hesitate to contact me. Jennifer Arno Julie A. Durkin Sandra A. Oakley Yours very truly, Dawn M. Paino Christine M. Schnittert STENG, ROBERTS, DAVIS & DIAMOND, LLP CLOSING COORDINATOR Vi LKMAN Maria L. Jones SLV/jad Enclosure ALSO ADMITTED IN FL & VA cc: Christian Harkins, Assessor AL80 ADMITTED CN CT ... ALSO ADMITTED IN NJ Joseph P. Paoloni, Town Clerk Daniel Petigrow, Esq. Town of Wappinger Meeting: 04/23/18 07:30 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Tax Certioraries $ 3,500,000.00 Prepared By: Joseph P. Paoloni ADOPTED Initiator: Joseph P. Paoloni Sponsors: RESOLUTION 2018-96 DOC ID: 4976 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding 1271 Route 9 Realty WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2017 by 1271 Route 9, LLC regarding the parcel of real property located at 1271 Route 9, Grid No. 6157-04-570395-00000, seeking a reduction in the 2017 tax assessment for the 2017/2018 tax roll; and WHEREAS, the owners of the above referenced parcel have agreed to withdraw the petition requesting a reduction for said tax roll; and WHEREAS, the Assessor and Special Counsel have recommended a settlement of this tax review proceeding; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2017 as it pertains to: Grid No.: 6157-04-570395-00000 Year Original Total Assessment Final Assessment Reduction in Assessment 2017 $ 3,500,000.00 $ 3,500,000.00 -0- and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/18/2018 11:09 AM by Joseph P. Paoloni Page 1 Thomas R. Davis Re: 1271 Route 9 Realty, LLC vs. Town of Wappinger Stephen E. Diamond* Dear Supervisor Thurston & Town Board Members: Joan F, Garrett— Please be advised that the above referenced proceeding is a tax certiorari James P. Horan— matter for tax year 2017. The property located at 1271 Route 9 and is Ian C. Lindars occupied by Acura of Wappinger Falls. The Petitioner has decided not to proceed with this matter for 2017. The assessed value, of the property is Darren H. Fairlie $3,500,000. We have agreed to discontinue the 2017 proceeding, with Jessica Z. Segal prejudice, without reduction. Since there is no reduction for the 2017 assessment year, there is no refund OF COUNSEL liability. Scott L. Volkman Karen MacNish I enclose herewith a resolution for your consideration at the next Town Jessica J. Glass Board meeting. Meghan Mossey Very truly yours, PARALEGALS STEN F,,�, RC) RTS DAVIS & DIAMOND, LLP Jennifer Arno Julie A. Durkin 4 Sandra A. Oakley Dawn M. Paino 0 T VOLKMAN Christine M. Schnittert SLV/jad Enclosure cc: Christian Harkins, Assessor CLOSING COORDINATOR Joseph P. Paoloni, Town Clerk Maria L. Jones Daniel Petigrow, Esq. 'ALSO ADMITTED IN FL & MA ALSO ADMITTED JN C7 ""'ALSO ADMITTED IN NJ .. .. ...... . STENGER ROBERT'S low DAVIS & DIAMONDILLP 1136 Route 9 Wappingers Faft, New York 12590 (845) 298-2000 FAX (845) 298-2842 www.srddiaw.com April 17, 2018 e-mail: mnfo@srddlaw.com Town Board Town of Wappinger Kenneth M. Stenger 20 Middlebush Road Wappingers Falls, NY 12590 APbert P. Roberts, Partner Emeritus Attn: Hon. Richard L. Thurston, Supervisor Thomas R. Davis Re: 1271 Route 9 Realty, LLC vs. Town of Wappinger Stephen E. Diamond* Dear Supervisor Thurston & Town Board Members: Joan F, Garrett— Please be advised that the above referenced proceeding is a tax certiorari James P. Horan— matter for tax year 2017. The property located at 1271 Route 9 and is Ian C. Lindars occupied by Acura of Wappinger Falls. The Petitioner has decided not to proceed with this matter for 2017. The assessed value, of the property is Darren H. Fairlie $3,500,000. We have agreed to discontinue the 2017 proceeding, with Jessica Z. Segal prejudice, without reduction. Since there is no reduction for the 2017 assessment year, there is no refund OF COUNSEL liability. Scott L. Volkman Karen MacNish I enclose herewith a resolution for your consideration at the next Town Jessica J. Glass Board meeting. Meghan Mossey Very truly yours, PARALEGALS STEN F,,�, RC) RTS DAVIS & DIAMOND, LLP Jennifer Arno Julie A. Durkin 4 Sandra A. Oakley Dawn M. Paino 0 T VOLKMAN Christine M. Schnittert SLV/jad Enclosure cc: Christian Harkins, Assessor CLOSING COORDINATOR Joseph P. Paoloni, Town Clerk Maria L. Jones Daniel Petigrow, Esq. 'ALSO ADMITTED IN FL & MA ALSO ADMITTED JN C7 ""'ALSO ADMITTED IN NJ Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2018-97 Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Escrow Refund Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4977 Resolution Authorizing Refund Of Unused Escrow For Chelsea Ridge Pre -Fab Pool Shed Site Plan (Account 17- 3374) WHEREAS, on or about August 24, 2017, Chelsea DHC, LLC (hereinafter the "Applicant") filed an application for Site Plan Approval under Application Number 17-3374; and WHEREAS, total escrow deposits in the amount of One Thousand Five Hundred 00/100 Dollars ($1,500.00) were received from the Applicant for payment of the fees of the Town's professionals to review the application; and WHEREAS, all professional fees incurred during the review of the application have been paid and there remains a balance of Five Hundred Eleven 75/100 Dollars ($511.75) in escrow account number 17-3374 and Applicant has requested a refund and the Town Accountant has audited the escrow account and reviewed the amount due. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to Chelsea DHC, LLC in the amount of Five Hundred Eleven 75/100 Dollars ($511.75) from escrow account number 17-3374, representing the unused escrow balance for the above project. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/19/2018 11:51 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2018-98 Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Local Law Intro Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4861 Resolution Introducing Local Law No. 6 Of 2018 Which Would Amend Chapter 240, Zoning, Of The Town Code With Respect To A Variety Of Matters WHEREAS, the Town Board is considering the adoption of Local Law No. 6 of 2018 which would amend Chapter 240, Zoning, of the Town Code with respect to a variety of matters; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 137, Freshwater Wetland, Waterbody and <http://www.ecode360.com/11071898>Watercourse Protection, Chapter 153, Junkyards, Chapter 185, Property Maintenance, and Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 6 of 2018 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. 6 of 2018 for 7:30 PM on the 14th day of May 2018 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and Updated: 4/18/2018 1:07 PM by Joseph P. Paoloni Page 1 Resolution 2018-98 Meeting of April 23, 2018 C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/18/2018 1:07 PM by Joseph P. Paoloni Page 2 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Draft: 4-12-18 Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. of the year 2018 A local law entitled "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the Town Code with Respect to a Variety of Matters." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) LOCAL LAW No. OF THE YEAR 2018 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law No. _ of 2018, for the Purpose of Amending Chapter 240, Zoning, of the Town Code with Respect to a Variety of Matters." Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and amend Chapter 240, Zoning, of the Town Code with respect to a variety of matters. This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3. Amendments to Chapter 240, Zoning The following new definitions shall be added to Section 240-5: BAR - An establishment serving alcoholic and nonalcoholic beverages for consumption on premises, and where food may be served as an accessory use. The term "bar" includes the terms "barroom," "wine bar," "tavern," "pub" and "saloon." A bar may include an accessory entertainment use. RESTAURANT -BREWER OR BREW PUB - A bar or restaurant. as defined in this chapter, that includes as an accessory use the brewing of malt beverages for consumption on premises and which is subject to State Liquor Authority licensing. The area used for brewing, including bottling and kegging, shall not exceed 30% of the gross floor area of the space approved for the restaurant -brewer or brew pub use and shall not produce more than 5.000 barrels of beverage per year. A restaurant -brewer or brew pub may include an accessory entertainment use. MICRO BREWER - A facility for the production, packaging and sampling of malt beverages of alcoholic and/or nonalcoholic content for retail or wholesale distribution, on or off the premises, which does not produce more than 75,000 barrels of beverage per year and which is subject to State Liquor Authority licensing. MICRO DISTILLER - A facility for the production, packaging and sampling of non -malt beverages of alcoholic content for retail or wholesale distribution, on or off the premises. which does not produce more than 75,000 gallons of beverage per year and which is subject to State Liquor Authority licensing. 2 2. The following definitions in Section 240-5 shall be amended to read as follows: ACCESSORY APARTMENT - A dwelling unit which is incidental and subordinate to and located within a permitted one -family dwelling er within a detanhed anneooeni garage er barn nn the same Ind RESTAURANT - An establishment which prepares and serves food and beverages selected by patrons from a P41 --menu, served by a waiter er waiiressor at a buffetand primarilyonsumed on the premises} and which contains permanent seating facilities and counters or tables; adequate to accommodate the customers served. A restaurant may include the serving of alcoholic beverages if licensed by the State Liquor Authority and may provide for carry -out food service if incidental to the consumption of food and beverages on the premises. Specifically excluded from the term "restaurant" &Wl nn+ he +n e—are stand-alone, franchise fast-food establishments, carry -out food service establishments, delicatessens, refreshment stands, and curb service or drive-in type food establishments.A restaurant may include an accessory entertainment use. 3. Section 240-16D.(2)(a) shall be revised to read as follows: (a) Notwithstanding any contrary provisions in § 240-21 F of this chapter, the junkyard shall be entirely surrounded by a solid fence or a chain link fence with privacy slats: the fence shall be a minimum of eight feet in height and not more than 12 feet in height. This fence shall be maintained in good condition and shall be supplemented byer coniferous screening which is six to eiahtat least seven feet high at the time of planting., blit HE 19 feet and evergreen IandsGaninn Both the fence and the conifersef Lir-h shall be approved by the Planning Board as adequate to provide appropriate screening forreasenahle pFeteniinn to the value of the adjoining property. 4. Sections 240-21.E and F shall be revised to read as follows: E. Swimming pools. A swimming pool, including accessory equipment, shall be considered a structure and shall have the same setback requirements from lot lines as required for accessory buildings in the subject zoning district. In-groundA swimming pools and pools which are less than 48 inches in height, including accessory equipment, must be surrounded by a fence of at least four feet in height with a self-closing and self-locking gate(s) ander constructed in accordance with the New York State Uniform Code. Associated electrical facilities for pool filters, and electrical outlets must comply with the New York State Uniform Code. 3 F. Fences} aM-walls and retaining walls. (1) In the residential zoning districts the maximum height of„ard requirements ofvf thiG nhapter shall not bo I IeM to prohibit any fence, wall or aessory retaining wall, nor to prohibit any fenne or enroll provided that is er feRGes OR required „aril areas isshall pet evseeb six feet in height exc set forth in this section. (2) hleMithstandiRg gubseGti H P immediately abe In the nonresidential zoning districts enumerated On the -Schedule of Use Regulations f^vr Nonresidential rlistrints the Planning Board may allow a fence in excess of six feet but^f env Linn to a height not exceeding 12 feet above adjoining grade, provided the Board findsdeems such fence necessary and appropriate for safety and/or security purposes=; Any fence exceeding six feet in height shall beand preyided further that the feRGe has been designed by a licensed professional engineer, architect or landscape architect. A building permit shall be required for the construction of such fence and aUPOR GOMPletiOR-4#er iss Ee efa certificate of compliance or certificate of occupancy, as applicable. shall be issued upon completion of the fencepequiped and submission to the Town of a certification by said licensed professional that the fence was constructed in accordance with said professional's design. (3) All walls and retaining walls which are four feet in height or higher shall be designed by a licensed professional engineer, architect or landscape architect. A building permit shall be required for the construction of such walls or retaining wall and „fir-GempletieH there^f�issuaRGe Of a certificate of compliance or certificate of occupancy, as applicable, shall be issued upon completion of the wall or retaining quired and submission to the Town of a certification by said licensed Drofessional that the wall or retainina wall was constructed in accordance with said Drofessional's design. 5. In the Schedule of Dimensional Regulations - Residential Districts, footnote 3 and all references to footnote 3 shall be deleted: 4 31 • _ ic na-sc+mr4ni • r r • r • • _ • _ • • r r _ _ •• • _ a 6. In the Schedule of Use Regulations — Nonresidential Districts referenced in Section 240-37: a. The heading Restaurant shall be amended to read "Restaurant, Bar and Restaurant -Brewer". b. Under the heading Restaurant, Bar and Restaurant -Brewer, the following new use shall be added at the end of the existing list and shall read as follows: Bars and restaurant -brewers This new use shall be a Permitted Principal Use (PP) in the HB, HM, NB, GB, CC, SC, HD and Al zoning districts. C. The heading Manufacturing, Fabricating, Assembling, Finishing and Repair shall be amended to read "Manufacturing, Fabricating, Assembling, Finishing, Repair, Brewing and Distilling". d. Under the heading Manufacturing, Fabricating, Assembling, Finishing, Repair, Brewing and Distilling the following new use shall be added at the end of the existing list and shall read as follows: Micro brewers and micro distillers (§ 240-81.61 This new use shall be a Permitted Principal Use (PP) in the COP and Al zoning districts. 7. A new Section 240-81.6 shall be added and shall read as follows: & 240-81.6 Micro brewers and micro distillers. A. All eauipment. materials and activities shall be contained entirelv in either full enclosed buildings or, where deemed appropriate by the Planning Board due to such factors as the size of the property involved, and/or the nature and type of eauipment, materials and activities involved, shall be contained entirely in fenced -in areas which are visually screened from all adjoining properties and roadways. B. The subject use shall not result in the production of any hazardous wastes. 5 8. In Section 240-97.13 the following new Uses and associated Minimum Number of Off - Street Parking Spaces shall be added to the schedule of parking requirements: Use Minimum Number of Off -Street Parking Spaces Bar or restaurant- 1 space for each 3 patron seats or 1 space for each 50 brewer square feet of gross floor area, excluding kitchen and storage areas, whichever is greater Micro brewer or micro 1 space for each employee on the largest shift. plus 1 distiller space for each 3 patron sitting or standing spaces in any tasting room or other visitor facility open to the general ublic Day-care center 1 for each 250 square feet of gross floor area 9. Section 240-53.B(4) shall be amended to read as follows: (4) Maximum size. An accessory apartment shall be subordinate in area to the principal dwelling. The accessory apartment shall not exceed 35% of the gross floor area of said principal dwelling, and in no event shall exceed 1,0004398 square feet of gross floor area. 10. Sections 240-53.B(8), (9) and (10) shall be amended to read as follows: (8) Age of one -family dwelling. A one -family dwelling must be in existence for at least five years prior to an application for an accessory apartment. oetbacks. Ise moot the FequiFed sethaGks for the principal building nn the Int (9) Access. (a) In the event that an accessory apartment is provided with an externally located entrance separate from that of the one -family dwelling in which it is located, such entrance shall be located on the side or rear of the one -family dwelling, or along the front only if the entraRGe isen a sn `^ "' perpendini alar plane from that of the front deer of the eno_family dwelling (b) Any outside stairways and/or fire escapes for the accessory apartment shall be at the rear or side of the building. 0 (10) Exterior appearance. If an accessory apartment is located in a detached one family dwelliRg, To the degree reasonably feasible the exterior appearance of the building will remain that of a one -family residence. 11. Section 240-63 shall be amended to read as follows: § 240-63. Private camps for seasonal residents. A. Private . • . only be in operation fr• • • 1 October fbr use as a Gamp, a let must have a minimum let area of 20 aGres and must have . • • - . •a stateOF GOUnty . • • • • -use•• derive primary aGGeGG frGm B. Private camp-& facilities shall be limited to camp sites formay OR^I�AGh StFuGtu Tows tent stands, pop-up campers, shelters. and Ge#ages nrn„ided that ne heating er plumbing faGilities are installed te permit year round residential use shower and bathroom facilities. Private camps may include one dwelling unit to be occupied by the owner, caretaker or superintendent and family only. Private camps may also include one building not to exceed 200 square feet in floor area for an office and convenience store, one storage shed not to exceed 200 square feet in floor area, and one pavilion. C. A private camp must have a minimum lot area of 20 acres, 100 feet of frontage on a public highway, and derive its primary access from such road. Camps shall not be fnr similar traRsOeRt ^amninn D. All buildings, 1 recreational facilities shall 1' set back fromadjacent residential•t lines at least 100 feet. MiGe the minimum yard requiremen residential buildings On sand diStFiGt, eXGept that the Planning Beard may permit a redUGtOGR of this additional setbaGk requirement where, beGause Of tOpOgraphy, the ■ uildiRgs E. NoPrivate camp sites and camp facilities shall be constructed and operated so as to minimize disturbancecreate a nun-san^o to surrounding properties. The Planning Board shall attach such conditions to its approvable-pepmot and may require such noise abatementfencing and/or equivaleRt landscaping ^r ^„^h n1. .' fa^ilitino as are necess Fequiped to protect surrounding properties-& from excessive light} aed-noise and stray hallo and other nuisances and hazards which Laa �weuW be inherent in the operation of the rivate camp. NE) use of a ^amp shall involve 7 F. The discharge of firearms, bows and arrows or any other dangerous weapons shall be expressly prohibited at a private camp. GF. Ne Outdoor public address systems shall be prohibited at a private ca permitted. Private camps shall comply with Chapter 166. Noise, of this code. H. The private camp's water supply and sewage disposal facilities shall be subject to approval by the Dutchess County Department of Behavioral and Community Health. as applicable. 12. Under the heading Mixed Uses in the Schedule of Use Regulations — Nonresidential Districts referenced in Section 240-37 the text shall read as follows: Mixed use which is a grouping of attached or detached structures, containing a mix of residential dwelling units and 1 or more of the following commercial uses: retail stores and shopsea-les, personal service businessespr-- ��i establishments, professional or business offices and banks24(§ 0-81.7) 13. Under the heading Automotive in the Schedule of Use Regulations — Nonresidential Districts referenced in Section 240-37, the following new use shall be added at the end of the existing list and shall read as follows: Off-site parking as an accessory use to a principal motor vehicle sales establishment use on a noncontiguous lot (§ 240-81.8). This new use shall be a Special Permit Use (SPU) in the Highway Business (HB), Highway Design (HD) and Airport Industry (AI) zoning districts. 14. A new Section 240-81.8 shall be added and shall read as follows: 240-81.8 Off-site parking as an accessory use to a principal motor vehicle sales establishment use on a noncontiguous lot. A. The off-site parking shall be screened to the satisfaction of the Planning Board from adjoining uses and roadways, shall be set back 100 feet from all roadways and residential zoning districts, and shall be orderly as shown on a plan approved by the Planning Board. B. The off-site parking shall only be for new motor vehicles and those which are less than 5 years old, and said parking shall not exceed 70 vehicles per gross acre. C. The lot on which the off-site parking is located shall be at least 2 acres in size and shall be owned or leased by the motor vehicle sales establishment. D. The area used for the off-site parking shall be surplus relative to any area of the lot occupied by required parking for any use of said lot. E. The off-site parking shall be for storage only, and no sales or display shall take place on the lot used for the off-site parking. F. The off-site parking shall be subject to the issuance of a building permit subsequent to special permit and site plan approvals. 15. Section 240-96.G shall be revised to read as follows: G. Commercial vehicles. Not more than one li ht-dut commercially registered vehicle and one trailer may be parked or stored outdoors on any residentially used or residentially zoned lot at any time. For the purposes of this section, a "li ht -du commercially registered vehicle" shall excludebe--a vehicles which exceeds 8.0004z?989 pounds in gross vehicle weight The following expressly prohibited examples include but are not limited to tractors, tractor -trailers, semitrailers, rollers, tractor and truck cranes, power shovels, road -building machines, snowplows, road sweepers, sand spreaders, trailers, excavators, tank trailers, tow trucks and buses, and any other similar vehicle. 16. A new Section 240-36.4 shall be added and shall read as follows: 240-36.4 Outdoor storage. In the residential zoning districts the outdoor storage of lawn mowing and yard equipment, tractors. materials, debris, garbage and refuse, whether contained or not, is prohibited between the dwelling and any street line, except that garbage and refuse if properly contained in authorized private receptacles pursuant to §§ 210-12 and 210-14.0 of this code are permitted. Exempt from this prohibition are seasonal decorations. lawn ornaments, picnic/patio/lawn tables and chairs, swing sets and customary lawn games. Swing sets shall not be permitted between the dwelling and any street line. 17. In 240 Attachment 3:1 of the Schedule of Dimensional Regulations — Residential Districts, the entire row starting in the "District" (left hand) column with the words "Center line of other street" shall be deleted. 9 18. In 240 Attachment 3:1 of the Schedule of Dimensional Regulations — Residential Districts, the following items in the "District" (left hand) column shall be revised to read as follows: Minimum side yard (feet) Accessory building <15 feet high and <1442-00 square feet3 Minimum rear yard (feet) Accessory building <15 feet high and <144200 square feet 19. Section 240-83.13 shall be revised to read as follows: B. The following uses, buildings and structures shall not be subject to site development plan approval: (1) Issuance of a building permit and grading, stripping, cutting, filling and other site preparation or disturbance in connection with one one -family dwelling. (2) Issuance of a building permit for any of the following items: [Subsections (a) through (c) shall remain intact.] (d) A shed on nonresidentially zoned or used property, which shed is less than 100 square feet in size, is less than 10 feet in height, and which is located in a side or rear yard. [Subsections (e) through (h) shall remain intact.] 20. In 240 Attachment 4:1 of the Schedule of Dimensional Regulations — Nonresidential Districts, the entire row starting in the "District" (left hand) column with the words "Center line of other street" shall be deleted. 21. The following footnote shall be added to "County/state highways" under the heading "Minimum front yard (feet) from:" in 240 Attachment 3:1 of the Schedule of Dimensional Regulations — Residential Districts: 5 Existing dwellings, and additions to or expansions of existing dwellings, shall comply with the requirements for "Front lot line of other street" instead of the requirement for "County/state highway." 10 22. The following footnote shall be added to "County/state highways" under the heading "Minimum front yard (feet) from:" in 240 Attachment 4:1 of the Schedule of Dimensional Regulations — Nonresidential Districts: 5 Existing dwellings, and additions to or expansions of existing dwellings, shall comply with the requirements for "Front lot line of other street" instead of the requirement for "County/state highway." 23. Section 240-86.0 shall be revised to read as follows: C. Fire lanes, on-site circulation and parking. Adequate and convenient off-street parking and loading spaces shall be provided to prevent parking in public streets of vehicles belonging to any persons connected with or visiting the proposed use. The interior circulation system shall be adequate to provide safe access to all buildings, structures and required off-street parking, including fire lanes and access for firefighting and for the handicapped. The interconnection of parking facilities via access drives between adjacent lots, designed to provide maximum safety, convenience and efficiency of traffic circulation and to minimize curb cuts on neighboring streets, shall be provided where practicable. 24. Section 240-86.J shall be revised to read as follows: Solid waste. Adequate provisions shall be made for the storage, collection, recycling and disposal of solid waste. All dumpsters and other large refuse containers shall be surrounded by a solid wooden, masonry or PVC enclosure which is at least six feet in height, and which is architecturally compatible with the principal building(s) on the lot. Said refuse enclosure shall not be comprised of wooden stockade fencing or chain link material. As part of site development plan approval, the Planning Board shall determine whether the refuse enclosure shall be buffered with vegetative screening. Such facilities shall be designed and located so as to minimize visual and aesthetic impacts tonet be permi#ed to adversely affeGt neighboring properties or public facilities. Section 4. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5. Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 7. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. J:\DOCS2\500\Wappinger\Code Amendments 2018\zoning LL 4-12-18.dhs.doc 12 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER, NEW YORK NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a Public Hearing on the 14th day of May 2018, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should adopt Local Law No. of 2018 which would amend Chapter 240, Zoning, of the Town Code with respect to a variety of matters. PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed Local Law. PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: April 23, 2018 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER T EPH P. PAOLONI n Clerk own of Wappinger jAdocs2\500\wappinger\code amendments 2018\zoning 11 ph notice.dhs.doc Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2018-99 Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Local Law Intro Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4807 Resolution Introducing Local Law No. 7 Of 2018 Which Would Amend Chapter 122, Fees And Fines, Of The Town Code With Respect To A Variety Of Matters WHEREAS, the Town Board is considering the adoption of Local Law No. 7 of 2018 which would amend Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 137, Freshwater Wetland, Waterbody and <http://www.ecode360.com/11071898> Watercourse Protection, Chapter 153, Junkyards, Chapter 185, Property Maintenance, and Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 7 of 2018 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. 7 of 2018 for 7:30 PM on the 14th day of May, 2018 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Updated: 5/9/2018 2:37 PM by Joseph P. Paoloni Page 1 Resolution 2018-99 Meeting of April 23, 2018 Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. RESULT: TABLED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Next: 5/14/2018 7:30 PM Updated: 5/9/2018 2:37 PM by Joseph P. Paoloni Page 2 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER, NEW YORK NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a Public Hearing on the 30th day of May 2018, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should adopt Local Law No. 7 of 2018 which would amend Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters. PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed Local Law. PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: May 15, 2018 BY ORDER OF THE TOWN BOARD OF THE TOWN-.OFWAPPINGER JOSEPH P. PAOLONI Town Clerk Town of Wappinger jAdocs2\500\wappinger\code amendments 2018\fees II ph notice.dhs.doc Town of Wappinger Meeting: 04/23/18 07:30 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Intro Prepared By: Joseph P. Paoloni ADOPTED Initiator: Joseph P. Paoloni Sponsors: RESOLUTION 2018-100 DOC ID: 4982 Resolution Introducing Local Law No. 8 Of The Year 2018, Amending Chapter 221, Article Vii Of The Town Code Regarding A Real Property Tax Owned By Veterans Exemption For Real Property Of The Cold War WHEREAS, New York State has made amendments to the provisions of Real Property Tax Law § 458-b which authorizes property tax exemptions for qualifying veterans of the Cold War; and WHEREAS, Local Law 16 of 2007 which was enacted by the Town of Wappinger requires replacement to provide Cold War Veterans with the property tax exemption for so long as a qualified veteran owns the property; WHEREAS, the Town Board believes it is important to repay veterans for their service to our nation, state, county and town by providing this property tax exemption; NOW, THEREFORE, BE IT RESOLVED: 1. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 8 of the Year 2018 "AMENDING CHAPTER 221, ARTICLE VII OF THE TOWN CODE REGARDING A REAL PROPERTY TAX EXEMPTION FOR REAL PROPERTY OWNED BY VETERANS OF THE COLD WAR' in the form annexed hereto. 2. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action pursuant to 6 NYCRR 617.5(c)(16) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA). The Town Board hereby schedules a Public Hearing regarding the proposed adoption of the annexed Local Law No. 8 of 2018 for 7:30 P.M., on the 14th day of May 2018, to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and the Town Clerk is directed to post a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less than ten (10) days prior to said public hearing date and to post the notice of said public hearing on the sign board of the Town. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/19/2018 2:06 PM by Joseph P. Paoloni Page 1 LOCAL LAW NO. 8 OF THE YEAR 2018 A Local Law to Amend Chapter 221, Article VII of the Town Code regarding a Real Property Tax Exemption for Real Property Owned by Veterans of the Cold War. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section -L• Title: This Local Law shall be known and cited as Town of Wappinger, "Local Law No. 8 of the Year 2018, Amending Chapter 221, Article VII of the Town Code Regarding a Real Property Tax Exemption for Real Property Owned by Veterans of the Cold War." Section -IL• Legislative Intent: Pursuant to the authority of Chapter 655 of the Laws of 2007 which was codified at Real Property Tax Law X458 -b, the Town of Wappinger Town Board enacted Local Law 16 of 2007 that granted a partial property tax exemption for qualifying real property that was owned by a Cold War Veteran. The intent of this law is to harmonize Article VII of Chapter 221 of the Town of Wappinger Code with amendments to Real Property Tax Law X458 -b that occurred subsequent to its enactment in 2007. Chapter 6 of the Laws of 2008 eliminated the need to refile annually. Chapter 290 of the Laws of 2017 authorized municipalities to extend the Cold War Veterans exemption from 10 years to so long as the Cold War Veteran owns the property. Section -III: Repeal of Local Law 16 of 2007 Local Law 16 of 2007 which is codified at Chapter 221, Article VII of the Town of Wappinger Code is hereby repealed and shall be replaced as set forth in this Local Law. Section -IV: Enactment of New Article VII of Chapter 221 Chapter 221 entitled "TAXATION" of the Town Code of the Town of Wappinger is hereby amended by replacing the existing Article VII with a new Article VII which shall read as follows: "ARTICLE VII Cold War Veterans' Exemption 221-26. Definitions. As used in this article, the following terms shall have the meanings indicated which are derived from Real Property Tax Law X458 -b(1) and shall be interpreted consistently with the State Law: COLD WAR VETERAN A person, male or female, who served on active duty in the United States armed forces, during the time period from September second, nineteen hundred forty-five to December twenty-sixth, nineteen hundred ninety-one, and was discharged or released therefrom under honorable conditions. ARMED FORCES The United States army, navy, marine corps, air force, and coast guard. ACTIVE DUTY Full-time duty in the United States armed forces, other than active duty for training. LATEST CLASS RATIO The latest final class ratio established by the New York State Board of Real Property Tax Services pursuant to Title 1 of Article 12 of the New York Real Property Tax Law for use in a special assessing unit as defined in � 1801 of the New York State Real Property Tax Law. LATEST STATE EQUALIZATION RATE The latest final equalization rate established by the New York State Board of Real Property Tax Services pursuant to Article 12 of the New York State Real Property Tax Law. QUALIFIED OWNER A Cold War veteran, the spouse of a Cold War veteran or the unremarried surviving spouse of a deceased Cold War veteran. Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined. Where a veteran is also the unremamied surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse was entitled. QUALIFIED RESIDENTIAL REAL PROPERTY Property owned by a Qualified Owner which is used exclusively for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this article. Such property shall be the primary residence of the Cold War veteran or the un - remarried surviving spouse of a Cold War veteran; unless the Cold War veteran or un -remarried surviving spouse is absent from the property due to medical reasons or institutionalization subject to such time limitations, if any, as are set forth in � 458-b(1)(0 of the New York State Real Property Tax Law. SERVICE CONNECTED With respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty on active military, naval or air service. 221-27. Amount of Exemption; Limitations. A) Qualifying residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed $12,000 or the product of $12,000 multiplied by the latest state equalization rate of the town of Pleasant Valley, or, in the case of a special assessing unit, the latest class ratio, whichever is less. B) In addition to the exemption provided by Subsection A of this section, where the Cold War veteran received a compensation rating from the United States Veterans Affairs or from the United States Department of Defense because of a service - related disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by 50% of the Cold War veteran's disability rating; provided, however, that such exemption shall not exceed $40,000, or the product of $40,000 multiplied by the latest class ratio, whichever is less. § 221-28. Eligibility for exemption. If a Cold War veteran receives either a veteran's exemption under � 458 of the Real Property Tax Law or an alternative veterans tax exemption under Article III of this Chapter, which is authorized by � 458-a of the Real Property Tax Law, the Cold War veteran shall not be eligible to receive an exemption under this article. 221-29. Duration of exemption. Pursuant to New York State Real Property Tax Law X458 -b (2) (c) (iii), the exemption granted by this Article shall be granted to a Qualified Owner for Qualified Residential Real Property for as long as they remain a Qualified Owner of the property, without regard to such ten-year limitation otherwise prescribed by New York State Real Property Law absent the adoption of local law by the Town of Wappinger. § 221-30. Application for exemption. A) Application for the exemption set forth in this article shall be made by the Qualified Owner, or all of the Qualified Owners, of the property on a form prescribed by the New York State Board of Real Property Tax Services. B) The owner or owners shall file the completed form in their local assessor's office on or before the first appropriate taxable status date. C) The exemption shall continue in full force and effect for all appropriate subsequent tax years and the owner or owners of the property shall not be required to refile each year. Applicants shall be required to refile on or before the appropriate taxable status date if the percentage of disability percentage increases or decreases or may refile if other changes have occurred which affect qualification for an increased or decreased amount of exemption as required by New York Real Property Tax Law � 458-b(3). D) Any applicant convicted of willfully making any false statement in the application for such exemption shall be subject to the penalties prescribed in the New York State Penal Law. Section -V: Numbering for Codification: It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter", "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section -VI: Separability: The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section -VII: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. LEGAL NOTICE TOWN OF WAPPINGER NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 14th day of May, 2018, at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed Local Law 8 of 2018 entitled "AMENDING CHAPTER 221, ARTICLE VII OF THE TOWN CODE REGARDING A REAL PROPERTY TAX EXEMPTION FOR REAL PROPERTY OWNED BY VETERANS OF THE COLD WAR." PLEASE TAKE FURTHER NOTICE, that the public meetings of the Town of Wappinger Town Board are streamed live on the Town's website littp://www.townofwapRinger.us/. PLEASE TAKE FURTHER NOTICE that the purpose and intent of the proposed Local Law 8 is to repeal and replace Article VII of Chapter 221 of the Code of the Town of Wappinger which provides a real property tax exemption for qualifying veterans of the Cold War. The new provisions shall allow the real property tax exemption to continue for as long as the qualifying veteran owns the property without having to reapply annually. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that the enactment of the aforesaid Local Law is a Type II Action pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA), 6 NYCRR Part 617 and no environmental review is required. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law are available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: April 23, 2018 BY ORDER OF THE TOWN BOARD OF THE TOWN 0E-WAPPIMUR JOSEPH PAOLONI, TOWN CLERK Town of Wappinger 20 Middlebush Road Wappingers Palls, NY 12590 ADOPTED RESOLUTION 2018-101 Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Appropriations Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4903 Resolution Authorizing Change Order Nos. 3, 41 5 & 6 For The Emergency Services Building Renovation Project General Construction Contract No. 17-003g WHEREAS, by Resolution 2017-165 adopted by the Town Board on October 10, 2017, the Town Board awarded a bid to J.C. Millbank Construction Co., Inc. (General Construction Contract) in the amount of $563,500.00 for renovations to be made to the Emergency Services Building; and WHEREAS, the Town Board previously approved Change Order Nos. 1 and 2 to the aforementioned contract in the amount of $74,031.00, which resulted in a revised contract sum in the amount of $637,531.00; and WHEREAS, the Engineers to the Town, Morris Associates Engineering & Surveying Consultants, PLLC, by letter dated April 6, 2018, a copy of which is attached hereto, have approved four additional Change Orders as hereinafter set forth, which four Change Orders will result in a new contract price of $715,700.00. 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 Board hereby approves the following four Change Orders: A. Change Order No. 3, which increases the total contract price by the amount of $45,940.00, resulting in a new contract price of $683,471.00, a copy of which Change Order is attached hereto; B. Change Order No. 4, which increases the total contract price by the amount of $24,032.00, resulting in a new contract price of $707,503.00, a copy of which Change Order is attached hereto; C. Change Order No. 5, which increases the total contract price by the amount of $5,740.00, resulting in a new contract price of $713,243.00, a copy of which Change Order is attached hereto; and D. Change Order No 6, which increases the total contract price by the amount of $2,457.00, resulting in a new contract price of $715,700.00, a copy of which is attached hereto. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/19/2018 11:29 AM by Joseph P. Paoloni Page 1 MORRIS ASSOCIATES ENGINEERING & SURVEYING CONSULTANTS, PLLC fZ9 Elks Lane, Poughkeepsie, New York 12601 Tel:(845)454-3411 Fax: (845) 473-1962 ❑ 64 Green Street, Suite 1, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963 April 6th, 2018 Town of Wappinger Town Hall 20 Middlebush Road Wappingers Falls, NY 12590 Attn: Hon, Richard Thurston, Supervisor & Town Board Members RE: Town Of Wappinger Emergency Services Building Renovation Project Contract #17-003 G, General Construction Change Orders 3, #4, #5, & #6 MA# W21500.238 Dear Supervisor Thurston & Town Board Members, Attached, please find JC Millbank Construction Company, Inc.'s proposed Change orders for the Emergency Services Building Renovation Project, Change order #3 represents the general construction changes requested per the plans prepared by our office for the town to be able to use Suite #3 as cold records storage. In general, the changes involve finishes to the space that weren't originally in the contract plans, since there was no tenant in mind to finish the space for'. Our office found the prices to be fair for the work included and we, will require Town Board approval of these changes in order to move forward with the phase 2 renovation work and keep the project moving forward. The $45,940 cost should be far less than if the storage building, for these records previously contemplated was to be constructed. Change order #4 (for $24,032) represents adding some bollards to protect the new HVAC equipment installed in the rear of the building and to connect up some sidewalks along the side of the building. Also included in the change is the cost for creating and paving a pull off for vehicles, so that they could unload records into the building without blocking the exit drive. We also found these prices to be fair for the work involved, as the pull off is proposed over top of buried utilities and the contractors will need to work carefully. Change order #5 (for $5,740) represents the work involved with refinishing the original wood doors, which were not planned to be replaced as part of the renovation, Many of the doors have significant scratches and scuffs and have a poor appearance, as compared to the rest of the newly finished space. With the inclusion of the kick plates, our office found the costs to be fair, based on the work involved. Change order #6 (for $2,457) represents a combination of miscellaneous minor State Police requested changes requested after the approval' of the main changes approved by the e:Ndocuments\t wappinger\a w20151w21500,238 esti construction\poss-changes14-6-18-gc-co#3-4-5-611 8 04 06 gc co#3-4-5-6.doc Town Board in 2017. These changes are the reworking of the fire arms closet to suit the needs of the Police and relocating a wall to allow for more lockers to fit in the locker room. It was also requested to add another dead bolt for an interview room, which wasn't realized to be necessary with the original changes. Lastly, it was recently requested to have one way glass installed on one of the doors that separated the barracks area from the entry to provide privacy from the public being able to see into the barracks and possibly see a witness or something or someone that shouldn't be seen. If each of these change orders are approved by the Town Board, the General contractor's total contract amount will be increased to $715,700. We do have pricing request into the HVAC, Electrical and Plumbing contractors, for the Suite #3 fit up for town storage as well, but we do not anticipate their costs to be anywhere near as significant. We are hopeful that any minor increases in their work might be able to be covered within the existing contingency allowances already in their contracts. If you have any questions or require additional information, please do not hesitate to contact me at (845) 454-3411 extension 18. Very truly yours, MORRIS ASSOCIATES Engineering & S rveying Consultants, PLLC N Thomas Harvey IE. Senior Engineer LO -Z, Encl. THH/dm Cc: Bob Gray (via Email) Peter D. Setaro, (via. Email) E:\DOCUMENTS\T WAPPINGER\A W2015\W21500.238 ESB CONSTRUCTION\POSS-CHANGES\4-6-18-GC-CO#3-4-5-6\18 04 06 GC CO#3-4-5- &DOC N-20�1AMORRIJA 1a: TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD WAPPINGER FALLS, NY 12569 From: J C MILLBANK CONSTRUCTION CO INC 128 DRAKE ROAD PLEASANT VALLEY, NY 12569 CAP701 Change Order Number. Change Order Date: ESB #3 410412018 Architect's Project Nurnber: 17-003G Contract_for Contract Date: 1110812017 GENERAL CONSTRUCTION Original Contract Sum $563,500.00 Previous Change Orders: $74,031,00 Contract Sum: $637,531.00 Value of this Change Order: $45,940.00 New Contract Sum: $683,471.00 The Contract is Changed as Follows, Our Project Code: 17-00IG ProEiftll, EMERGENCY SERVICE BUILDING 16 MIDDLEBUSH ROAD WAPPINGER FALLS, NY 12590 DISTRIBUTE TO: Owner I Contractor Other Architect Field Construction Manager: The Cont bw. !In -!!X ec Acd Completion date will be� Proposal for work on Suite 3 per plan Al & A2 of 11 dated 3-16-18 General conditions: $2000 Demoliton: 3700) Walls.- 18650 VCT flooring'. 7100 Ceiling', 9000 FRP: 2500 Hardware: 3300 Toilet Accessories: 300 Total: $39150 15%OH & P: 5870 Total: $45020 Bond: 920 Total $45940 Architect MORRIS ASSOCIATES 9 ELKS LANE POUGHKEEPSIE, NY 12601 Contractor Owner J C MILLBANK CONSTRUCTION CO INC TOWN OF WAPPINGER '128 DRAKE ROAD 20 MIDDLEBUSH ROAD I I LEASA NT VALLEY, NY 12560 V YAPPMER FALLS, NY 12569 . .... . ........... ........ .... ...... IJ Xe Dole Deft, T-. TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD WAPPINGER FALLS, NY 12569 Frorn: J C MILLBANK CONSTRUCTION: CO INC 128 DRAKE ROAD PLEASANT VALLEY, NY 12569 CAP701 Change Order Number: Chan qe_Qrder Date: ESB #4 4105/2018 . ............ . Architect's Project Number: 17-003G Contract for: Contract Date: 1110812017 GENERAL CONSTRUCTION Original Contract Sum' $563,500.00 Previous Change Orders-. $119,971.00 Contract Sum: $683,471,00 Value of this Change Order: $24,032.00 New Contract Sum! $707.503.00 Our Project Code: 17-00IG 9E*qtl EMERGENCY SERVICE BUILDING 16 MIDDLEBUSH ROAD WAPPINGER FALLS, NY 12590 DISTRIBUTE TO: Owneri Contractor Other Architect Field Construction Manager The Contract Corripli4ion date will chancre bv: Thee e pfLc�,ted g2liripletion date will be_ The Contract is Changed as Follows'. The following is a price to perform site work per drawings A10 of 11, dated 12-12-17 Stat Proposal: $27,150 Deduct for boliards set behind the curb; (6,670) 20 MIDDLEBUSH ROAD $20,480 15 OH&P 3,072 $23,552 Bond 480 Total $24,032 Architect MORRIS ASSOCIATES 9 ELKS LANE POUGHKEEPSIE, NY 12601 Dnie Contractor Owner J C MILLBANK CONSTRUCTION CO INC TOWN OF WAPPINGER 128 DRAKE ROAD 20 MIDDLEBUSH ROAD PLEASANTVALJEY, NY 12569 WA-PPINGER FALLS, NY 12569 n- signalure - --- --------- ----- ------- -6—ate— Onto t. To, TOWN OF WAPPINGER 20 MIDDLEBLISH ROAD WAPPINGER FALLS, NY 12569 Er_q!n_; J C MILLBANK CONSTRUCTION CO INC 128 DRAKE ROAD PLEASANT VALLEY, NY 12569 Original Contract Sum: Previous Change Orders: Contract Surn. - CAP701 Change Order Number. Change Order Date: ESB#5 4/04/2018 Architect's Project Number: 17.003G Contract fur: Conttaot Date: 11/08/2017 GENERAL CONSTRUCTION OurProjectGode: 17-00IG pr EMERGENCY SERVICE BUILDING 16 MIDDLEBUSH ROAD WAPPINGER FALLS, NY 12590 DIS-FRI13UTE TO, $563,500.00 Owner Contractor 1. Other Construction Manager .J Field J $144,003,00 Architect F[I" $707,503,00 The Contract Q !pp!@iqn...tLaLte Value of this Change Order: $5,740,00 New Contract Sum- $713,243.00 The Contract is Changed as Follows- J-11_e,_� ppqted porn pletion date will be: Sand and refinish existing wood doors, existing louvers to remain as is including 6 kick plates' - Total'. $5740 Architect MORRIS ASSOCIATES 9 ELKS LANE POUGHKEEPSIE, NY 12601 ............ Owner J C MILLBANK CONSTRUCTION CO INC TOWN OF WAPPINGER 128 DRAKE ROAD 20 MIDDLEBUSH ROAD PLEA SANT VALLEY, NY 12569 WAPPINGER FALLS, NY 12569 (y, gnatain 7 Signatare ... ... . .... .. bafe Bate Date NWM FAN!.� VW4311 11 To.: TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD WAPPINGER FALLS, NY 12569 From J C MILLBANK CONSTRUCTION CO INC 128 DRAKE ROAD PLEASANT VALLEY, NY 12569 CAP701 Change Order Number: Change Order date: ESB #6 4/05/2018 . ...... ..... Architect's Project Nurnber! 17-003G Contract for: Contract Date: 11108/2017 GENERAL CONSTRUCTION Original Contract Sum.- $563,500.00 Previous Change Orders: $149,743.00 Contract Sum: $713,243,00 Value of this Change Order-. $2,457.00 New Contract Sum: $715,700,00 The Contract is Changed as Followsi Our Project Code: 17-001 G E!j0q_C_t1.- EMERGENCY SERVICE BUILDING 16 MIDDLEBUSH ROAD WAPPINGER FALLS, NY 12590 Dis,rRIBUTE TO� Owner Contractor J Other Architect F Field I Construction Manager, The Contractleticin date will chats �Lb �O_m P !M X.. The cram a _1gtiq!jjqt2_wflI be-. The following changes are at the request of Sergent Weatherwax, NYSP: 1) Rebuild gun rack, patch and repaint wall, closet 115& additional shelving, and closet 103B. Total: 5455 2) Relocate wall room 137 to accomodate lockers. Total" $880 3) Thumb deadbold Office #111 Total'. 3672 4) Add one way glass door #110 Total-, $450 Grand Total. $2457 ........ ... ..... Arrhitect Contractor Owner MORRIS ASSOCIATES J C MILLBANK CONSTRUCTION CO INC TOWN OF WAPPINGER 9 ELKS LANE 128 DRAKE (ROAD 20 MIDDLEBUSH [ROAD POUGHKEEPSIE, NY 12601 PLEAS NT VA L EY, NY 12569 WAPPINGER FALLS, NY 12569 .... ........ ...... Sirrttare mature Coate Date Date t. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2018-102 Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4979 Resolution Authorizing Study Of Accessibility Upgrades To Spook Hill Park WHEREAS, the Town of Wappinger owns and maintains a public park located on Spook Hill Road within the Town; and WHEREAS, improvements to Spook Hill Park are warranted, and such improvements should incorporate principles of universal design to make the park usable by all people, to the greatest extent possible, without the need for adaptation or specialized design; and WHEREAS, park facilities that improve access for persons with disabilities is consistent with the Dutchess County Think Differently Initiative; and WHEREAS, the Community Development Block Grant and other public and private grant programs make funding available for accessibility improvements which will defray the Town's costs in making the improvements. NOW THEREFORE, BE IT RESOLVED THAT: 1. The Town of Wappinger Town Board supports the rebuilding of Spook Hill Park in phases. 2. The Town Board authorizes the Supervisor to communicate with local residents to determine the needs of the community that can be served by improvements at Spook Hill Park and to conduct further analysis to determine the feasibility of improvements in the park. The Town Board authorizes the Supervisor and his designees to investigate any grant opportunities that are available for the improvements to the park and to prepare any applications for such grants which shall may be submitted by the Town after further Town Board approval. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/19/2018 12:09 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2018-103 Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Special Districts Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4980 Resolution Authorizing Supervisor To Execute Amendment No. 4 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" WHEREAS, the New York City through its Department of Environmental Conservation (hereinafter "NYC DEP") and the Town of Wappinger (hereinafter the "Town") are parties to an Agreement dated August 31, 2012, as amended by Amendment Nos. 1 through 3 (the "Agreement"), pursuant to which the Town was obligated to construct a water main to NYC DEP's construction site, and, to the extent that funding is available, to install a new water distribution system in the Chelsea Hamlet, which would expand the existing water district and connect properties in the hamlet to the UWWD water system; and WHEREAS, DEP and the Town have agreed to further amend the terms of the Agreement by extending the timeline for construction activities as set forth in Amendment No. 4 to the Agreement, a copy of which is annexed hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board Members acknowledge they have read and hereby approves Amendment No. 4 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". The Town Board hereby authorizes and directs the Supervisor to execute Amendment No. 4 by and on behalf of the Town of Wappinger in substantially the same form as annexed hereto upon notification by NYC DEP that the City Corporation Counsel has approved the Agreement and that the Agreement has been registered pursuant to Section 328 of the New York City Charter. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/19/2018 12:14 PM by Joseph P. Paoloni Page 1 Amendment No. 4 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 THIS AMENDMENT (the "Amendment" or "Amendment No. 4") is entered into this day of , 2018, by and between the CITY OF NEW YORK (the "City"), a municipal corporation of the State of New York, acting by and through its DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP"), having its principal office at 59-17 Junction Boulevard, Flushing, New York 11373, and the TOWN OF WAPPINGER (the "Town"), a municipal subdivision of the State of New York, acting by and through its Town Board, with its principal office at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 (each a "Party," and collectively, the "Parties"). WHEREAS, the City and the Town are parties to an agreement dated August 31, 2012, as amended by Amendment No. 1 dated April 4, 2014, Amendment No. 2 dated August 12, 2015, and Amendment No. 3 dated November 11, 2017 (the "Agreement"), pursuant to which the Town was obligated to construct a water main to the DEP's construction site and, to the extent funds remained, to install a new water distribution system in the Chelsea Hamlet area, which would expand the existing water district, and to re -pave River Road to ameliorate wear and tear caused by the Project work; and WHEREAS, the Town has requested DEP's approval to extend the time for it to re -pave River Road, which work is Step One of Phase IIIA of the Project, as described in Amendment No. 3, and DEP has agreed to amend the Agreement to accommodate this request; NOW, THEREFORE, in consideration of the mutual promises and covenants made herein, the Parties agree to amend the Agreement as follows: 1. This Amendment shall not take effect until it is registered pursuant to Section 328 of the New York City Charter. 1 2. Capitalized terms or abbreviations not herein defined shall have the meanings set forth in the Agreement, as amended. 3. Section 8B(C)(IV) of the Agreement is amended to replace the date "April 1, 2018" with "October 1, 2019," and to replace the date "April 30, 2018" with "October 31, 2019." 4. Exhibit B to the Agreement is amended to change the Completion Dates for the Phase IIIA Tasks to read as follows: "Completion of paving of River Road October 1, 2019 Final Completion of Phase IIIA Connections October 31, 2019" 5. Except as modified above by this Amendment No. 4, the terms and conditions of the Agreement as previously amended remain unchanged and in full force and effect IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 4 as of the date above first written. THE CITY OF NEW YORK BY: Name: Elisa Velazquez Title: Agency Chief Contracting Officer and Assistant Commissioner Department of Environmental Protection 2 TOWN OF WAPPINGER BY: Name: Title: Supervisor Town of Wappinger Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2018-104 Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Appropriations Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4978 Resolution Approving Machinery And Equipment Rental Rates With Operators For Use By The Highway Department Pursuant To Highway Law § 143 WHEREAS, pursuant to X143 of the Highway Law, Highway Superintendent, Vincent F. Bettina has investigated rental rates for various equipment that is required by the highway department for calendar year 2018; and WHEREAS, the proposed machinery and equipment rental rates, including operator, are itemized and identified in a letter from the Superintendent of Highways dated April 18, 2018, a copy of which is affixed hereto; and WHEREAS, the machinery and equipment rental rates, including operator, procured by the Highway Superintendent are not subject to competitive bidding but are subject to Town Board approval pursuant to Highway Law � 143. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves the following machinery and equipment rental rates: Equipment Rental Rate Blaw Knox PF 3200/Bomag CR 362 paver with 2 Screedman and Operator 445.00 10 Ton Vibratory Roller 140.00 6 Ton Vibratory Roller 140.00 3 Ton Vibratory Roller 130.00 Skidsteer with Milling Head 150.00 Skidsteer with Sweeper Attachment 125.00 Single Axle 10 Ton Dump Truck 90.00 Tri Axle 24 Ton Dump Truck 110.00 30 Ton Dump Trailer 125.00 34 Ton Flow Boy 140.00 Street Sweeper 155.00 7 foot Roadtrack Milling Machine with 2 operators (Daily rental for 8 hours 4,700.00 Milling Machine Mobilization Setup Fee 800.00 All rental rates include Fuel and Operator. All rates are per hour except as noted. 3. Payments for all rentals shall be made on Vouchers signed by the Superintendent of Highways as required by law. Updated: 4/19/2018 11:54 AM by Joseph P. Paoloni Page 1 Resolution 2018-104 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Meeting of April 23, 2018 Updated: 4/19/2018 11:54 AM by Joseph P. Paoloni Page 2 HIGHWAY SUPERINTENDENT Vincent Bettina 10 111(iHWAY DRIVE WA PPINGERS FALLS, NY 12590 Email : Vbettiniliig,to%viik)fwappi�i�er.tis (845) 297-9451 Office (945) 298-0524 - Fax SECRETARY Karol Kelly II! lr�ili=ili!�Iii I I FIRM! 111111iiiil 1111 11 Office of the Superintendent of Highways TO: Town Board FROM: Vincent Bettina RE: EQUIPTMENT RENTAL RATES SUPERVISOR Dr Richard Thurston 845-297-4158 Main TOWN BOARD William It. Beale Angela 13. Bettina Robert Johnston Michael Kurnicz TOWN CLERK Joseph Ilaoloni DATE: April 18, 2018 Pursuant to Town Law 143 and based on my recommendation the following equipment rental rates are itemized and are provided for Town Board approval. $445.00 Blaw Knox PF 3200/Bomag CR 362 paver plus 2 screedman $140.00 10 Ton Vibratory Roller $140.00 6 Ton Vibratory Roller $ 130.00 3 Ton Vibratory Roller $150.00 Skid steer with milling head $125.00 Skid steer with sweeper attachment $ 90.00 Single axle 10 ton dump truck $ 110.00 Tri axle 24 ton Dump truck $ 125.00 30 Ton Dump trailer $ 140.00 34 Ton Flowboy $ 155.00 Street Sweeper $4700.00 7 ft roadtrack milling machine per 8 hr. day rate with two operators $800-00 milling machine mobilization set up fee FUEL AND OPERATORS ARE INCLUDED IN THE RENTAL RATES. ALL RATES ARE 8 HOURS WORK DAY AND NO CHARGE FOR MOBILIZATION OF EQUIPMENT Cc: Town Clerk Paoloni Attorney Horan HIGHWAY SUPERINTENDENT Vincent Bettina 10 HIGHWAY DRIVE WAPPIN(iERS FAL.ES. NY 12590 Email: Vbettinalcttowiiofkvappin_sei�.us (845) 297-4451 Office (8451298-(7524 - Fax SECRETARY Karol Kelly Office of the Superintendent of Highways To: Supervisor Thurston @nd Toward From: Vincent Bettina i, /' Re: BLACKTOP PRICING AND EQUIPMENT RENTAL Date: April 18, 2018 SUPERVISOR Dr. Richard Thurston 845-297-4158 Main TOWN BOARD Miliara It. Beale Angela Bettina Robert Johnston Michael Kumicz TOWN CLERK Joseph flaoloni Be advised that Tilcon New York, Inc. has quoted $ 56.00 per ton for type 6 blacktop for the resurfacing of the Town Roads and their quote is below the Dutchess County rates. I am also recommending the rental be awarded to Avello Brothers Paving Contractors 60 Fulton Street Poughkeepsie NY as they are listed on Dutchess County Office of Central Services and US Department of Labor and have attached their rates. The following roads are being recommended for paving and upon Board approval will need to amend the 284 agreement for funding . The total mileage is approximately 7.27 miles Wardl Ketchamtown Rd 1.90 Ward 2 Park Hill .70, Larmel Ct. .06, Shadybrook Ln .15, Boxwood Close .15 Mocassin View Rd .22, Flintrock Rd. .33, Heather Ct .08 Ward 3 Pine Hill Dr .24, Dorothy Heights .42, Dana PI - 10, Plaza Rd. .21 , Russet Ln. .08, Losee Rd .94 Upon reviewing the above roads with the Town Engineer a cost estimate will be given to the Board for consideration and approval. The roads will need to be milled and Tilcon has agreed to take the material at i extra cost. According to Comptroller Awino there is approximately $624,320.00 available and includes 2018 CHIPS, Pave NY, and Extreme weather funding. The balance of $ 345,000 is included in the amount as the bon( Funds were approved to be used for last year's resurfacing. Unfortunately the list of roads nor the funding was in place until November and the Plants closed in December making it impossible to complete the necessary resurfacing. I will be commencing resurfacing of Dorothy Heights, Pine Hill Rd and Ketcham town upon approval of the Rental and blacktop quote. I want to thank the Board members for their cooperation regarding their selection of roads to paved. Cc Comproller Awino, Attorney Horan Clerk Paoloni Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Appropriations Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: RESOLUTION 2018-105 DOC ID: 4981 Resolution Appointing Board Of Assessment Review Member WHEREAS, the term of office of a member of the Town of Wappinger Board of Assessment Review expired on October 1, 2017 and has not been filled; and WHEREAS, Cheryl Wallace has expressed an interest in being appointed to the Town of Wappinger Board of Assessment Review; WHEREAS, Cheryl Wallace has a knowledge of property values in the Town of Wappinger and meets the other statutory qualifications of a member of the BAR; NOW, THEREFORE, BE IT RESOLVED: 1. The Town Board hereby appoints Cheryl Wallace as a Board of Assessment Review Member for a five-year term, which term is retroactive to October 1, 2017 and will expire on September 30, 2022. 2. Cheryl Wallace is directed to undergo the necessary training pursuant to Real Property Tax Law § 523 and to file all necessary disclosure forms in accordance with Real Property Tax Law § 523. The Town Clerk is directed to notify the Commissioner of the NYS Department of Taxation and Finance the Dutchess County Director of Real Property Tax Services of the appointment as required by Real Property Tax Law § 523. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/25/2018 11:40 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2018-106 Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Roads Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4901 Resolution Authorizing The Renaming Of "Recreation Drive" To "Ralph Holt Way" WHEREAS, Ralph Holt has exhibited historically unprecedented involvement within Town of Wappinger Little League programs extending over a period of more than fifty years; and WHEREAS, Ralph Holt coached Town of Wappinger Little League for more than twenty-five years; and WHEREAS, in 1970, Ralph Holt led the Town of Wappinger to win the New York State Little League Championship; and WHEREAS, Ralph Holt was inducted into the Dutchess County Sports Hall of Fame, and continues to serve as a Trustee Emeritus on the Board of Directors; and WHEREAS, Ralph Holt has served as Chairman of the Town of Wappinger Recreation Committee for over thirty years, providing invaluable leadership, guidance, and perspective; and WHEREAS, previously on June 25, 2007, the Town Board of the Town of Wappinger adopted Resolution 2007-127, naming the main road inside the Robinson Lane Recreation Park, which begins at intersection with Robinson Lane and terminates within the park, as Recreation Drive; and WHEREAS, as a testament to the significant and valuable contributions provided to this town's recreation programs by Ralph Holt, the Town Board of the Town of Wappinger determines that it is fitting and appropriate to rename the roadway currently known as Recreation Drive to Ralph Holt Way. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby renames the road currently known as Recreation Drive to Ralph Holt Way. 2. Highway Superintendent, Vincent F. Bettina, is hereby directed to place road signs at the appropriate location on Ralph Holt Way in accordance with the NYS Manual of Uniform Traffic Control Devices. 3. The Town Clerk is hereby directed to notify the Dutchess County 911 Addressing Division of said road name change. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/24/2018 9:59 AM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2018-107 Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4983 Resolution Authorizing Acquisition Of Environmental And Pollution Prevention Insurance Coverage WHEREAS, as part of its day to day operations, the Town of Wappinger stores and uses various petroleum products and hazardous materials which may accidentally be spilled causing pollution and environmental damage; and WHEREAS, it is fiscally prudent for the Town of Wappinger to obtain sufficient insurance to protect the financial interests of the taxpayers should such accidental spill occur; and WHEREAS, the Town Supervisor has consulted with the Town's Insurance Agent to ascertain the most financially effective way to insure the Town against such hazards; and WHEREAS, the Town Board determines that it is in the best interest of the Town to obtain additional insurance for such risks; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby determines that the Town shall obtain Premises Pollution Liability from Chubb Insurance in the amount on $1,000,000 dollars with a retention of $10,000. 2. The Town Board hereby authorizes the payment of a three-year insurance premium in the amount of $29,317 from 2018 Budget Line 1910.400A. 3. The portion of the insurance premium that is paid for 2019, 2020 and part of 2021 shall be treated as prepaid expenses in future budget years. The Town Supervisor and Town Comptroller are authorized to execute any necessary documents on behalf of the Town of Wappinger to effectuate the terms of this resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/19/2018 12:41 PM by Joseph P. Paoloni Page 1 Town of Wappinger Meeting: 04/23/18 07:30 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Adoption Prepared By: Joseph P. Paoloni ADOPTED Initiator: Joseph P. Paoloni Sponsors: RESOLUTION 2018-110 DOC ID: 4985 Resolution Adopting Negative Declaration In Connection With Five (5) Local Laws Amending Chapter 240, Zoning, Chapter 137, Freshwater Wetland, Waterbody And Watercourse Protection, Chapter 153, Junkyards, Chapter 185, Property Maintenance, And Chapter 122, Fees And Fines, Of The Town Code With Respect To A Variety Of Matters WHEREAS, the Town Board is considering the adoption of five (5) Local Laws which would amend Chapter 240, Zoning, Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, Chapter 153, Junkyards, and Chapter 185, Property Maintenance of the Town Code with respect to a variety of matters; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Laws are an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, Frederick P. Clark Associates, Inc., the Town's Planning Consultant has prepared a Full Environmental Assessment Form (FEAF) regarding the proposed Local Laws, which FEAF analyzes the potential environmental impacts regarding said Local Laws. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts the attached Negative Declaration, for the reasons stated therein, thereby finding that the proposed Local Laws will have no significant adverse impact upon the environment, and thereby ending the SEQRA process with respect to said Local Laws. Updated: 4/25/2018 11:45 AM by Joseph P. Paoloni Page 1 Resolution 2018-110 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Meeting of April 23, 2018 Updated: 4/25/2018 11:45 AM by Joseph P. Paoloni Page 2 State Environmental Quality Review Act NEGATIVE DECLARATION Notice of Determination of Non -Significance Date: April 23, 201 Name of Action: The Adoption of Five (5) Local Laws Amending Chapters 240, 137, 153, 185 and 122 of the Town Code with Respect to a Variety of Matters. Implementing Regulations: This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. Determination: The Wappinger Town Board, as Lead Agency, has determined that the Proposed Action described below will not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared. SEQRA Status: Type I Action Conditioned Negative Declaration: No Description of Action: The Proposed Action is the adoption of five (5) Local Laws by the Wappinger Town Board which would amend Chapter 240, Zoning, Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, Chapter 153, Junkyards, Chapter 185, Property Maintenance, and Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters. Location: Town of Wappinger, Dutchess County Reasons Supporting This Determination: The proposed amendments to the Wappinger Town Code do not involve any direct physical changes to the environment. All of the proposed amendments to the Town Code involve a modification of standards intended to benefit and protect the environment rather than to adversely impact the environment. The proposed amendments will not result in the various chapters being less environmentally restrictive than the current regulations. The Proposed Action is not expected to result in any significant adverse impacts on the environment. More specifically: 1. The Proposed Action does not directly involve construction on, or physical alteration of, any properties. 2. The Proposed Action will not have a significant adverse environmental impact with respect to any unique or unusual land forms. 3. The Proposed Action will not have a significant adverse environmental impact on any wetlands or other surface water bodies. 4. The Proposed Action will not have a significant adverse environmental impact with respect to new or additional use of ground water, and will not have a significant adverse environmental impact with respect to the introduction of contaminants to ground water or an aquifer. 5. The Proposed Action will not have a significant adverse environmental impact with respect to the development of lands subject to flooding. 6. The Proposed Action will not have a significant adverse environmental impact on any State regulated air emission source. 7. The Proposed Action will not have a significant adverse environmental impact with respect to the loss of flora or fauna. 8. The Proposed Action will not have a significant adverse environmental impact on agricultural resources. 9. The Proposed Action will not have a significant adverse environmental impact on any scenic or aesthetic resources. 10. The Proposed Action will not have a significant adverse environmental impact on any historic or archaeological resources. 11. The Proposed Action will not have a significant adverse environmental impact with respect to the loss of recreational opportunities or with respect to a reduction of an open space resource as designated in any adopted municipal open space plan. 12. The Proposed Action will not have a significant adverse environmental impact on a Critical Environmental Area (CEA). 13. The Proposed Action will not have a significant adverse environmental impact on existing transportation systems. 14. The Proposed Action will not have a significant adverse environmental impact as a result of an increase in the use of any form of energy. 2 15. The Proposed Action will not have a significant adverse environmental impact as a result of an increase in noise, odors or outdoor lighting. 16. The Proposed Action will not have a significant adverse environmental impact on human health from exposure to new or existing sources of contaminants. 17. The Proposed Action will not have a significant adverse environmental impact as a result of being inconsistent with adopted land use plans. 18. The Proposed Action will not have a significant adverse environmental impact as a result of being inconsistent with the existing community character. 19. The Proposed Action will not have a significant adverse environmental impact on the supply of housing in the Town. Conclusion: Based upon this information and the information in the Full Environmental Assessment Form, the Town Board finds that the adoption of the proposed Local Laws will not have any significant adverse impacts upon the environment. This Negative Declaration indicates that no environmental impact statement need be prepared and that the SEQRA process is complete. Lead Agency: Town of Wappinger Town Board Wappinger Town Hal 20 Middlebush Road Wappingers Falls, New York 12590 Contact Person: Dr. Richard L. Thurston, Town Supervisor Wappinger Town Hall 20 Middlebush Road Wappingers Falls, New York 12590 (845) 297-2744 Filing and Publication: This Negative Declaration shall be filed with the Supervisor of the Town of Wappinger and with the Town of Wappinger Town Clerk. Further, this Negative Declaration shall be emailed to enb(odec.ny.gov for publication in the Environmental Notice Bulletin. jAdocs2\500\wappinger\code amendments 2018\misc code amendmts neg dec.dhs.docx 3 Full Environmental Assessment Form Part 1 - Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification, Complete Part l based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either "Yes" or "No". If the answer to the initial question is "Yes", complete the sub -questions that follow. If the answer to the initial question is "No", proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part lis accurate and complete. A. Project and Sponsor Information. Name of Action or Project: The Adoption of Five (5) Local Laws Amending Chapters 240, 137, 153, 185 and 122 of the Town Code with Respect to a Variety of Matters Project Location (describe, and attach a general location map): Town of Wappinger, Dutchess County Brief Description of Proposed Action (include purpose or need): The Proposed Action is the adoption of five (5) Local Laws by the Wappinger Town Board which would amend Chapter 240, Zoning, Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, Chapter 153, Junkyards, Chapter 185, Property Maintenance, and Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters. Name of Applicant/Sponsor: Town of Wappinger Town Board, c/o Joseph P. Paoloni, Town Clerk Telephone: (845) 297-4158 E -Mail: JPaofoni@townofwappinger.us Address: 20 Middlebush Road City/PO: Wappingers Falls State: NY Zip Code: 12590 Project Contact (if not same as sponsor; give name and titleirole): Same as Sponsor Telephone: E -Mail: Address: --------------------------- i City/P0: State: Zip Code: Property Owner (if not same as sponsor): NIA Telephone: E -Mail: Address: City/1`0: State: 1 Zip Code: Page 1 of 13 B. Government Approvals B. Government Approvals Funding, or Sponsorship. ("Funding" includes grants, loans, tax relief, and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a. City Council, Town Board, ®Yesj]No Town Board, Adoption of Five (5) Local Laws C.2. Adopted land use plans. or Village Board of Trustees a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site ®Yes❑No b. City, Town or Village ❑Yes❑No If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action Planning Board or Commission would be located? c. City Council, Town or ❑Yes❑No ❑Yes®No Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; Village Zoning Board of Appeals or other?) d, Other local agencies ❑Yes❑No c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, e. County agencies ❑Yes❑No or an adopted municipal farmland protection plan? I f. Regional agencies ❑Yes❑No g. State agencies ❑Yes❑No h. Federal agencies ❑Yes❑No i. Coastal Resources. i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? ❑Yes®No If Yes, ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ❑ Yes❑No iii. Is the project site within a Coastal Erosion Hazard Area? ❑ Yes❑No C. Planning and Zoning C.1. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the ®Yes❑No only approval(s) which must be granted to enable the proposed action to proceed? • If Yes, complete sections C, F and G. • If No, proceed to question C.2 and complete all remaining sections and questions in Part I C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site ®Yes❑No where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action ®Yes❑No would be located? b, is the site of the proposed action within any local or regional special planning district (for example: Greenway ❑Yes®No Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s): ..............................................................._ ....... ______..... . ... c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑Yes®No or an adopted municipal farmland protection plan? "'Yes, identify the plan's): Page 2 of 13 b 8.16.b C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance, ®Yes❑No If Yes, what is the zoning class ification(s) including any applicable overlay district? All of the zoning districts in the Town. b. Is the use permitted or allowed by a special or conditional use permit? ❑Yes®No c. Is a zoning change requested as part of the proposed action? ❑ Yes®No If Yes, i. What is the proposed new zoning for the site? C.4. Existing community services. a. In what school district is the project site located? Wappingefs Central School District, Beacon School District, Arlin ton Central School District b. What police or other public protection forces serve the project site? Dutchess County Sheriffs Department c. Which fire protection and emergency medical services serve the project site? Hu hsonville, Wappingers, New Hackensack and Chelsea Fire Companies; Transcare EMS d. What parks serve the project site? All of the Town -owned open spaces, Stony Kill State Park and Bowdoin Park Coun Park D. Project Details D.I. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? b. a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres c. Is the proposed action an expansion of an existing project or use? ❑ Yes[—] No i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % Units: d. Is the proposed action a subdivision, or does it include a subdivision? ❑Yes ❑No If Yes, i. Purpose or type of subdivision? (e.g,, residential, industrial, commercial; if mixed, specify types) ii. Is a cluster/conservation layout proposed? ❑Yes ❑No iii. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e. Will proposed action be constructed in multiple phases? ❑Yes❑No i. If No, anticipated period of construction: months ii. If Yes: • Total number of phases anticipated M • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month _wear ' r ueneraliy describe connections or relationships among phases, including any contingencies where progress ofene phase may determine timing or duration of future phases: Page 3 of 13 0 r 0 CV e to LU W LL Q W LL a Q >_ t V i✓ b 8.16.b f. Does the project include new residential uses? ❑Yes❑No If Yes, show numbers of units proposed. One Family Two Family Three Family Multiple Family ffour or more Initial Phase At completion of all phases g. Does the proposed action include new non-residential construction (including expansions)? ❑Yes❑No If Yes, i. Total number of structures ii. Dimensions (in feet) of largest proposed structure: height; width; and length iii. Approximate extent of building space to be heated or cooled: square feet h. Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes ❑No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? If Yes, i. Purpose of the impoundment: ii. If a water impoundment, the principal source of the water: ❑ Ground water []Surface water streams ❑Other specify: iii- If other than water, identify the type of impounded/contained liquids and their source. iv. Approximate size of the proposed impoundment. Volume: million gallons; surface area: acres v, Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): D.2. Project Operations a, Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? ❑Yes❑No (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i . What is the purpose of the excavation or dredging? ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? • Volume (specify tons or cubic yards): • Over what duration of time? iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them. iv. Will there be onsite dewatering or processing of excavated materials? ❑Yes❑No If yes, describe. ----- v. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? []Yes❑No ix. Summarize site reclamation goals and plan: ! b. Would the proposed action cause or resuit in alteration of, increase or decrease in size of, or encroachment ❑YesE]No into any existing wetland, waterbody, shoreline, beach or adjacent area? if Yes: 1.1 .....: �.. L. ,, Inna ♦e«1-.,,d., 1,:..1, lab Foo ra.7 !1. , ?` :ter index n..mlvar ;'Teti anal man niµmher or aPnnra n}�ir. 4. YU1:111 Lif L11 vY G�, PL„u v, vTaLr•r UVuY Vti Yt Y,.,, vYvulu ��uy „w...v .+. p G 'gip• [-•••- description): Page 4 of 13 0 r e r 0 CV e 0) UJ S u_ Q W u_ r a Q E v b Page 5 of 13 8.16.b ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres: iii. Will proposed action cause or result in disturbance to bottom sediments? ❑Yes❑No If Yes, describe: iv. Will proposed action cause or result in the destruction or removal of aquatic vegetation? ❑Yes❑No If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): • proposed method of plant removal: C 0 • if chemical/herbicide treatment will be used, specify product(s): V. Describe any proposed reclamation/mitigation fallowing disturbance: _ __ __ __ __.__. _ _ ------ u d c. Will the proposed action use, or create a new demand for water? ❑Yes ONO If Yes: Q >_ i. Total anticipated water usage/demand per day: gallons/day ii. Will the proposed action obtain water from an existing public water supply? ❑Yes❑No If Yes: Z U) • Name of district or service area: C • Does the existing public water supply have capacity to serve the proposal? ❑ Yes❑ No d >_ • Is the project site in the existing district? ❑ Yes❑ No • Is expansion of the district needed? ❑ Yes❑ No d >_ • Do existing lines serve the project site? ❑Yes❑No Q iii. Will line extension within an existing district be necessary to supply the project? ❑Yes❑No 0 if Yes: C • Describe extensions or capacity expansions proposed to serve this project: N • Source(s) of supply for the district: r iv. Is a new water supply district or service area proposed to be formed to serve the project site? ❑ Yes❑No r If, Yes: N e • Applicant/sponsor for new district:W -- _-- __ • Date application submitted or anticipated: • Proposed source(s) of supply for new district: U- v. If a public water supply will not be used, describe plans to provide water supply for the project: < UJ vi. If water supply will be from wells (public or private), maximum pumping capacity: gallons/minute. 0 d. Will the proposed action generate liquid wastes? ❑ Yes ❑No r If Yes: d i. Total anticipated liquid waste generation per day: gallons/day H. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each): E _ ......... ......... ......... ........... ...... .. M v iii, Will the proposed action use any existing public wastewater treatment facilities? ❑Yes❑No Q If Yes: Name of wastewater treatment plant to be used: Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No Page 5 of 13 8.16.b • Do existing sewer lines serve the project site? • Will line extension within an existing district be necessary to serve the project? ❑Yes❑No ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater (sewage) treatment district be formed to serve the project site? ❑Yes❑No If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities wilt not be used, describe plans to provide wastewater treatment for the project, including specifying proposed receiving water (name and classification if surface discharge, or describe subsurface disposal plans): vi. Describe any plans or designs to capture, recycle or reuse liquid waste: e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point ❑Yes❑No sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non -point source (i.e. sheet flow) during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres (impervious surface) Square feet or acres (parcel size) ii. Describe types of new point sources. ___--------------------------------------------- _ ___.__. iii. Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties, groundwater, on-site surface water or off-site surface waters)? • If to surface waters, identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? iv. Does proposed plan minimize impervious surfaces, use pervious materials or collect and re -use stormwater? ❑Yes❑No ❑Yes❑No f. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel ❑Yes❑No combustion, waste incineration, or other processes or operations? If Yes, identify: i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation) g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, ❑Yes❑No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non -attainment area? 'Area routinely or periodicaity faiis to meet ambient air quality standards for all or some parts of the year) ❑Yes❑No � ii. In addition to emissions as calculated in the application, the project will generate: Tons/year (short tons) of Carbon Dioxide (CO2) • Tons/year (short tons) of Nitrous Oxide (N20) • Tons/year (short tons) of Perfluorocarbons (PFCs) • Tons/year (short tons) of Sulfur Hexafluoride (SF6) Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs) ® Tons/year (short tons) of Hazardous Air Pollutants (HAPS) Page 6 of 13 b i b Page 7 of 13 8.16.b h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, ❑Yes❑No landfills, composting facilities)? If Yes: i. Estimate methane generation in tons/year (metric): ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as ❑Yes❑No quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): j, Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes❑No _ new demand for transportation facilities or services? I If Yes: i, When is the peak traffic expected (Check all that apply): ❑ Morning ❑ Evening ❑Weekend ❑ Randomly between. lours of to I U. For commercial activities only, projected number of semi -trailer truck trips/day: p iii. Parking spaces: Existing Proposed Net increase/decrease d iv. Does the proposed action include any shared use parking? ❑Yes❑No v, If the proposed action includes any :modification of existing roads, creation of new roads or change in existing access, describe: � ---------------------------------- - d Z U) dNo vi. Are public/private transportation service(s) or facilities available within % mike of the proposed site? [-]Yes[] Q vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric ❑Yes❑No or other alternative fueled vehicles? d viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No Q pedestrian or bicycle routes? 0 k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand ❑Yes❑No N for energy? If Yes: r r i. Estimate annual electricity demand during operation of the proposed action: «' r 0 CV ii. Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or y other): W W iii. Will the proposed action require a new, or an upgrade to, an existing substation? ❑Yes❑No Q UJ 1. Hours of operation. Answer all items which apply. i. During Construction: ii. During Operations: U- • Monday - Friday: • Monday - Friday: • Saturday: • Saturday: d • Sunday: • Sunday: • Holidays: • Holidays: d c i b Page 7 of 13 8,16.b m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, operation, or both? ❑ Yes ❑No i If yes: i. Provide details including sources, time of day and duration: i ii. Will proposed action remove existing natural barriers that could act as a noise barrier or screen? El Yes []No Describe: n.. Will the proposed action have outdoor lighting? ❑Yes❑No If yes: i. Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures: ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? Describe: ❑ Yes []No o. Does the proposed action have the potential to produce odors for more than one hour per day? ❑ Yes ❑No If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest occupied structures: p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons) ❑ Yes ❑No or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s) to be stored u. Volumes) per unit time (e.g., month, year) iii. Generally describe proposed storage facilities: q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, ❑ Yes ❑No insecticides) during construction or operation? If Yes: i. Describe proposed treatment(s): U. Will the proposed action use Integrated Pest Management Practices? ❑ Yes ❑No r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal ❑ Yes ❑No of solid waste (excluding hazardous materials)? If Yes: i. Describe any solid waste(s) to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Operation : tons per (unit of time) ii. Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste: Construction: ......... _ 'll'fper'afi�,.Jn. ... ............................................................ _ ........ iii. Proposed disposal methods/facilities for solid waste generated on-site: Construction: Operafion° _ _ . ................................... ® ... Page 8 of 13 0 r r 0 CV v> UJ tY U_ Q W U_ r d Q E t V b If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E. Site and Setting of Proposed Action E. I. Land uses on and surrounding the project site 8.16.b s. Does the proposed action include construction or modification of a solid waste management facility? ❑ Yes 103 No b. Land uses and covertypes on the project site, If Yes: Current Acreage i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or Change (Acres +1-) other disposal activities): ii. Anticipated rate of disposal/processing: • Tons/month, if transfer or other non-combustion/thermal treatment, or • Tons/hour, if combustion or thermal treatment iii, If landfill, anticipated site life: years t. Will proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous ❑Yes❑No waste? I If Yes: i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: H. Generally describe processes or activities involving hazardous wastes or constituents: __----- ----- o • Non -vegetated (bare rock, earth or fill) • Other Describe: __ .. iii. Specify amount to be handled or generated tons/month d iv. Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: __....................... d v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? ❑Yes❑Na d If Yes: provide name and location of facility: Z If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E. Site and Setting of Proposed Action E. I. Land uses on and surrounding the project site a. Existing land uses. i. Check all uses that occur on, adjoining and near the project site. ❑ Urban ❑ Industrial ❑ Commercial ❑ Residential (suburban) ❑ Rural (non-farm) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): ii. If mix of uses, generally describe: b. Land uses and covertypes on the project site, Land use or Covertype Current Acreage Acreage After Project Completion Change (Acres +1-) • Roads, buildings, and other paved or impervious surfaces • Forested • Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) • Agricultural (includes active orchards, field, greenhouse etc.) I • Surface water features (lakes, ponds, streams, rivers, etc.) • Wetlands (freshwater or tidal) • Non -vegetated (bare rock, earth or fill) • Other Describe: __ .. Page 9 of 13 Page 10 of 13 8.16.b c. Is the project site presently used by members of the community for public recreation? ❑Yes❑No i. If Yes: explain: d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed ❑Yes❑No day care centers, or group homes) within 1500 feet of the project site? If Yes, i. Identify Facilities: e. Does the project site contain an existing dam? ❑Yes❑No If Yes: L Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres ..... _________.. ,____... 0 • Volume impounded: gallons OR acre-feet ii. Dam's existing hazard classification: iii. Provide date and summarize results of -last inspection: d > f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, ❑Yes❑No M or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility? Z If Yes: in L Has the facility been formally closed? ❑Yes❑ No d • If yes, cite sources/documentation: E ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: d E Q iii, Describe any development constraints due to the prior solid waste activities: E r_ 0 g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin ❑Yes❑No N property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? o If Yes: r r L Describe waste(s) handled and waste management activities, including approximate time when activities occurred: 0° r ...._._ — __.......................................... 0 ry _.._......................................................... _._._._ __ v> UJ h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any ❑Yes❑ No W remedial actions been conducted at or adjacent to the proposed site? u_ If Yes: W i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No — Remediation database? Check all that apply: ti ❑ Yes - Spills Incidents database Provide DEC ID number(s): r ❑ Yes - Environmental Site Remediation database Provide DEC ID number(s): != ❑ Neither database a ii. If site has been subject of RCRA corrective activities, describe control measures: m................. .... ...... ... ._ ... ..- ...... -.- -.......... ... ._...... .......................................................................................................................... _...... d t iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑YeSLND v If yes, provide DEC ID number(s): Q iv. If yes to (1), (ii) or (iii) above, describe current status of site(s): Page 10 of 13 8.16.b v, is the project site subject to an institutional control limiting property uses? ❑Yes❑No • If yes, DEC site 1D number: • Describe the type of institutional control (e.g., deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ❑Yes❑No • Explain: E.2. Natural Resources On or Near Project Site a. What is the average depth to bedrock on the project site? _----__-__ feet b. Are there bedrock outcroppings on the project site? ❑Yes❑No If Yes, what proportion of the site is comprised of bedrock outcroppings? % c. Predominant soil type(s) present on project site: % 0/0 d. What is the average depth to the water table on the project site? Average: feet e. Drainage status of project site soils:❑ Wel I Drained: % of site ❑ Moderately Well Drained: % of site ❑ Poorly Drained ® ..% of site f. Approximate proportion of proposed action site with slopes: ❑ 0-10%: % of site ❑ 10-15%: % of site ❑ 15% or greater: % of site g. Are there any unique geologic features on the project site? ❑Yes❑No If Yes, describe: h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, ❑Yes❑No ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? ❑Yes❑No If Yes to either i or ii, continue. If No, skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ❑Yes❑No state or local agency? iv. For each identified regulated wetland and waterbody on the project site, provide the following information: • Streams: Name Classification • Lakes or Ponds: Name Classification • Wetlands: Name Approximate Size _................ • Wetland No. (if regulated by DEC) v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ❑Yes [-]No waterbodies? If yes, name of impaired water body/bodies and basis for listing as impaired: i .. Is the project site in a designated Floodway? ❑Yes❑No i j. Is the project site in the 100 year Floodplain? ❑Yes []No k. Is the project site in the 500 year Floodplain? ❑Yes❑No 1. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? ❑Yes❑No If Yes: i. Name of aquifer: Page 11 of 13 b. 8.16.b m. Identify the predominant wildlife species that occupy or use the project site: n. Does the project site contain a designated significant natural community? El Yes ❑No If Yes: i. Describe the habitat/community (composition, function, and basis for designation): ii. Source(s) of description or evaluation: iii. Extent of community/habitat: • Currently: acres • Following completion of project as propose& acres • Gain or loss (indicate f or -): acres o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑ Yes❑No endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of ❑Yes❑No special concern? q. is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? ❑Yes❑No If yes, give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to ❑Yes❑No Agriculture and Markets Law, Article 25 -AA, Section 303 and 304? If Yes, provide county plus district name/number: b. Are agricultural lands consisting of highly productive soils present? ❑Yes❑No i. If Yes: acreage(s) on project site? ii. Source(s) of soil rating(s): c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National ❑Yes❑No Natural Landmark? If Yes: i. Nature of the natural landmark: ❑ Biological Community ❑ Geological Feature H. Provide brief description of landmark, including values behind designation and approximate size/extent: d. is the project site located in or does it adjoin a state listed Critical Environmental Area? Yes No i If Yes: i i. CEA name: ii. Basis for designation: W. Designating agency and date: Page 12 of 13 0 r e r 0 cV e UJ W U- Q w U- r a Q E v i b Fe Does the project -site or is it substantially contiguous to, a building, archaeological site, or district ❑ Yes❑No which is listed on, or has been nominated by the NYS Board of Historic Preservation for inclusion on, the State or National Register of Historic Places? i If Yes: i. Nature of historic/archaeological resource: El Archaeological Site ❑Historic Building or District ii. Name: o i iii. Brief description of attributes on which listing is based: _------------------------ ------- _ —-------------- _ f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for ❑Yes❑No E archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? g. Have additional archaeological or historic site(s) or resources been identified on the project site? ❑Yes❑No If Yes: e i. Describe possible resource(s): fl, Basis for identification: h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local ❑Yes❑No i scenic or aesthetic resource? If Yes: i. Identify resource: ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.): iii. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers ❑ Yes❑No Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: fl. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑No F. Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Town of Wappinger Town Board Date February 7, 2018 Signature �°mm°�••°�°"t "m'�"""•�•••••••�°�mm•••mmmmm•^m David H. Stolman, A1GP, PP Title Principal, Frederick P. Clark Associates, Inc. PRINT FORM Page 13 of 13 Town of Wappinger Meeting: 04/23/18 07:30 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Adoption Prepared By: Joseph P. Paoloni ADOPTED Initiator: Joseph P. Paoloni Sponsors: RESOLUTION 2018-111 DOC ID: 4986 Resolution Adopting Local Law No. 2 Of 2018 Which Would Amend Chapter 185, Property Maintenance, Of The Town Code With Respect To Lawns And Vegetative Groundcover WHEREAS, the Town Board is considering the adoption of Local Law No. 2 of 2018 which would amend Chapter 185, Property Maintenance, of the Town Code with respect to lawns and vegetative groundcover; and WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on April 23, 2018 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 137, Freshwater Wetland, Waterbody and <http://www.ecode360.com/11071898> Watercourse Protection, Chapter 153, Junkyards, Chapter 185, Property Maintenance, and Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters; and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, on April 23, 2018 and pursuant to the State Environmental Quality Review Act regulations, the Town Board adopted a Negative Declaration, thereby finding that the Proposed Action will not result in any significant adverse environmental impacts, that a Draft Environmental Impact Statement will not be required, and that the SEQRA process is complete; and WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; and WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD responded and stated they have no Authority; and WHEREAS, the Town Board has given due consideration to the comments of the Town Planning Board and the DCDPD; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: The Town Board hereby adopts and incorporates the recitations and statements set forth Updated: 4/20/2018 3:06 PM by Joseph P. Paoloni Page 1 Resolution 2018-111 Meeting of April 23, 2018 above as if fully set forth and resolved herein. 2. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law, and the Town Board hereby adopts Local Law No. 2 of 2018, a copy of which is attached hereto and made a part of this Resolution; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter, is to remain in full force and effect. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/20/2018 3:06 PM by Joseph P. Paoloni Page 2 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Draft: 2-7-18 Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 2 of the year 2018 A local law entitled "A Local Law for the Purpose of Amending Chapter 185, Property Maintenance, of the Town Code with Respect to Lawns and Vegetative Groundcover." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: I-- TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) LOCAL LAW No. 2 OF THE YEAR 2018 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law No. 2 of 2018, for the Purpose of Amending Chapter 185, Property Maintenance, of the Town Code with Respect to Lawns and Vegetative Groundcover." Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and amend Chapter 185, Property Maintenance, of the Town Code with respect to lawns and vegetative groundcover. This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3. Amendments to Chapter 185, Property Maintenance Section 185-3.0 shall be revised to read as follows: C. All landscaping facilities and plantings, whenever exposed to public view, shall be maintained so that lawns, hedges, shrubbery, ornamental bushes and trees shall be kept pruned and trimmed and free from becoming overgrown and unsightly. Yards shall be maintained so that grasses, weeds and other vegetative groundcover shall not exceed 10 inches in height. Lawns or vegetative groundcover shall extend to the pavement of the adjoining street(s) and shall be maintained by the property owner, lessee or tenant to the aforementioned standards. Section 4. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5. Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for 2 codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 7. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. J:\DOCS2\500\Wappinger\Code Amendments 2018\property LL 2-7-18 dean.dhs.doc 3 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2018-112 Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Local Law Adoption Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4987 Resolution Adopting Local Law No. 3 Of 2018 Which Would Amend Chapter 153, Junkyards, Of The Town Code With Respect To Fencing And Screening WHEREAS, the Town Board is considering the adoption of Local Law No. 3 of 2018 which would amend Chapter 153, Junkyards, of the Town Code with respect to fencing and screening; and WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on April 23, 2018 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 137, Freshwater Wetland, Waterbody and <http://www.ecode360.com/11071898> Watercourse Protection, Chapter 153, Junkyards, Chapter 185, Property Maintenance, and Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters; and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, on April 23, 2018 and pursuant to the State Environmental Quality Review Act regulations, the Town Board adopted a Negative Declaration, thereby finding that the Proposed Action will not result in any significant adverse environmental impacts, that a Draft Environmental Impact Statement will not be required, and that the SEQRA process is complete; and WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; and WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD responded and stated that it is a matter of Local Concern; and WHEREAS, the Town Board has given due consideration to the comments of the Town Planning Board and the DCDPD; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: The Town Board hereby adopts and incorporates the recitations and statements set forth Updated: 4/20/2018 2:08 PM by Joseph P. Paoloni Page 1 Resolution 2018-112 Meeting of April 23, 2018 above as if fully set forth and resolved herein. 2. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law, and the Town Board hereby adopts Local Law No. 3 of 2018, a copy of which is attached hereto and made a part of this Resolution; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter, is to remain in full force and effect. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/20/2018 2:08 PM by Joseph P. Paoloni Page 2 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Draft: 2-7-18 Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 3 of the year 2018 A local law entitled "A Local Law for the Purpose of Amending Chapter 153, Junkyards, of the Town Code with Respect to a Fencing and Screening." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) LOCAL LAW No. 3 OF THE YEAR 2018 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law No. 3 of 2018, for the Purpose of Amending Chapter 153, Junkyards, of the Town Code with Respect to Fencing and Screening." Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and amend Chapter 153, Junkyards, of the Town Code with respect to fencing and screening. This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3. Amendments to Chapter 153, Junkyards Section 153-6.13 shall be revised to read as follows: B. All materials dealt in by the licensee shall be kept within the premises of the property. The junkyard shall be entirely surrounded by a solid fence or a chain link fence with privacy slats of at least eight feet and no more than 12 feet in height. This fence shall be maintained in good condition and shall be supplemented by coniferous screening which is six to eight feet high at the time of planting. Both the fence and the conifers shall be approved by the Planning Board as adequate to provide appropriate screening for the adjoining property. All junkyard materials, equipment and structures shall be kept and maintained at least 100 feet from any residential boundary lines of adjacent and contiguous properties, except that crushing operations and equipment shall be located no closer than 400 feet from any such residential boundaries. Section 4. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5. Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub - 2 sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 7. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. J:\DOCS2\500\Wappinger\Code Amendments 2018\junkyards LL 2-7-18 dean.dhs.doc 3 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2018-113 Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Local Law Adoption Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4988 Resolution Adopting Local Law No. 4 Of 2018 Which Would Amend Chapter 137, Freshwater Wetland, Waterbody And Watercourse Protection, Of The Town Code With Respect To The Demarcation Of Wetlands And Wetland Buffers WHEREAS, the Town Board is considering the adoption of Local Law No. 4 of 2018 which would amend Chapter 137, Freshwater Wetland, Waterbody and <http://www.ecode360.com/11071898> Watercourse Protection, of the Town Code with respect to the demarcation of wetlands and wetland buffers; and WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on April 23, 2018 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 137, Freshwater Wetland, Waterbody and <http://www.ecode360.com/11071898> Watercourse Protection, Chapter 153, Junkyards, Chapter 185, Property Maintenance, and Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters; and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, on April 23, 2018 and pursuant to the State Environmental Quality Review Act regulations, the Town Board adopted a Negative Declaration, thereby finding that the Proposed Action will not result in any significant adverse environmental impacts, that a Draft Environmental Impact Statement will not be required, and that the SEQRA process is complete; and WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; and WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD responded and stated with the attached document; and WHEREAS, the Town Board has given due consideration to the comments of the Town Planning Board and the DCDPD; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this resolution. Updated: 4/20/2018 2:48 PM by Joseph P. Paoloni Page 1 Resolution 2018-113 Meeting of April 23, 2018 NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law, and the Town Board hereby adopts Local Law No. 4 of 2018, a copy of which is attached hereto and made a part of this Resolution; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter, is to remain in full force and effect. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/20/2018 2:48 PM by Joseph P. Paoloni Page 2 Apr, 16, 2018 MPM MARCUS J. MOLINARO COUNT'y EXECtJTJVE April 16, 2018 COUNTY OF DUTOHESS DEPARTIVIRNT OF PiANNINO pANn Dk,WOPMIENT No. 2118 P. 2 EOIN WRAPTCR, AICP GOMWSSIONER To Town Board, Town of Wappinger Re: Referral #18-094, LL Amending Chapter 137 (Freshwater Wetland, Waterbody, and Watercourse Protection) The Outchess County Department of Planning and Development has reviewed the subject referral within the framework of General Municipal Law (Article 128, §239-1/m). ACTION The Town Board is considering the adoption of a local law to amend the codified provisions for freshwater wetlands, waterbodies, and the protection of watercourses in the Town of Wappinger. COMMENTS This new local law would require boulders every 40 feet to mark the limits of protected wetlands and/or wetland buffer areas. It is unclear, however, when this provision is applied — is It applicable to only where the permit is issued, or is this a requirement for the entirety of the wetland? Wetlands can be quite large and, and depending on the number of boulders required, this requirement could be expensive and difficult for property owners to provide. This combined with the fact1hat wetland boundaries are dynamic and change often, we question the inclusion of this provision in the code. If the `town wishes to keep this section, we suggest a definition be added that enumerates the re4�ir ments of the boulder/delineation. 5..,.; If not already done so, we suggest the Town Board consult with the NYS Department of Environmental Conservation — Region 3 regarding the changes proposed in this local law. RECOMMENDATION The Department recommends that the Sward rely upon its own study of the facts in the case with due consideration of the above comments. E o i n Wrafter, AICP. Commissioner By JR 13 2018 )F WAPP1NG =s i,l� fiF l pr 1: Shelby Frangk FR NN CLEF"':'* Planner 27 High S#feet, Poughkeepsle, New York 12601 • (845) 486-3600 4 Fay( (845) 486-3610 Packet Pg. 98 Apr, 13, 2010 3,33PM No. 2105 P, 1/1 a'. 74 Date ` # pes . Dutchess County Department ofTDL Dept From ro Planning and Development `" : C, inn+ �I / Fax tl C 1 Phone #! t� � 239 Planning/Zoning Referral - Exemption Communities v Munlclpality: Referring Agency. ❑ Planning Board ❑ Zoning Board of 4peals Municipal Board Tax Parcel Number(s): �r _ Project Name: Applicant. --" Address of Property: �— parool(a) Asn 500 asst} Oft &;6tate Road U County Road E/ State Property (w/public; Iding or recreaMn area) Vllcbounty Properly (wlpubpc Au" dng or recreation area) nicipal Boundary ❑ Farm operation in an Agrieultui'al Dfstlk t Acti me Re"Ir" 319 Ro lew ❑ ComprehenshleWastter Plans Zoning Amendments (standards, uses, definitions, district regulattonons, etc.) ❑ Rezonings involving all map changes Other Laval Laws associated with zoning (wetlands, historic preservation, affordable housing, architaciural review, etc.) ❑ Sita Plans (all) ❑ Special Permits for all non-residential uses ❑ Use Variances for al non-residential uses ❑ Area Variances for all nonresidential uses -,} R !7[en A�ctla:f' 299 Re !Fbiltl T 1 1' . Administrative Amendrgrints (fees, procedures; perialles, efe,J' ectal; F' m>ifal uses (accessory apts, horns occupations, etc.) Use Variances for residential uses . Area Variances for residential uses Renewalhsrbn 4 dite Plans:pr Special Permits that have no changes from previous approvals . Subdlvlslom>s l Lot tine Adjustments . Interpretetlor I a, Date Response Requested of less than 30 days): If subject of a previous referral, please note County referral number(s): * These actlans are only exempt in munldpalltles that signed an lnterrnunielpal agreement wittybutch�e��untY. f, FOR GOUWN OFFiGE USE ONLY Respome from Dutchess Comty Dap lrtlnan! ofIPlatnnin�,atn l,; In No commenttm Common" Ablac iWo ❑ Mailer of Local Concern ❑ Local Concern with Comments ❑ No Jurisdiction ❑ Conditional s ` N6Aathority— 0 denial �t ❑ Project Withdrawn ❑ incomplete — munkfpaW most ne&kmf to Garmfy 1 ❑ Exempt from 239 Review ❑ Incomplete with Comments — murikipsf ly mus(resuhmd% County ❑ Informal Comments Only (Action Exempt from 239 Revieur) Date Submitted:."` , Notes: ❑ Major Project . } W ' ' r 1 Date Received: Date Requested: y\ 11 s+1\ DOW Required; ❑ ><Edl Reviewer.. Date Response Faxed: pl arlrot, I Apr• 13, 2018 3:32PM Dutchess County Department of Planning and Development a. r6Toe, fol Dept'b�'1 C11r�r1t; fax #i No. 2104 P. 1 Date 41131 If #P65 From Phone #rMCN 40 s- 339 PlanninglZoning Referral - Exemption Communis Mun1dolty. ` k :•..: Referring Agency, ❑ Planning 13=r ❑ Zoning Board of Appeals Mmuniclpal Board .� 0 j a r: 4 Tax Parcel Number(s): Project Name: �. `= Applicant: \yr r + tv Address of Property: Pnr Ad(a) within SM f6e t sh 0 Slate Road ©' Coonty Road L' State Property (w/public building or recreation area) CrJ County P" (wipubtic building or recreation area) Municipal Boundary I] Farm operation in an Agricultural Dishict Aciloni RoqulrinO 239 Nowliew ❑ Compnahen Wl%laster Plans V Zoning Amendments (standards, uses, definitions, district regulations, etc.) Rezanings Involving all map chasrlges Other Local Lsws assoclated with zoning (wetlands, historic preservation, affordable housing, ambitectural review, etc,) ❑ &te Plans (atij ❑ Special Permits for ail non-residential uses ❑ Use Variances for all nonresidential uses ❑ Area Variances for all non-residential uses late Response Requested (if less than 30 days): 1-\4 �'\\ lh"pt Ate* 239 Ramis ISMO,wl"1111 Adminlstrattue Amendments (fees; procedures, penalties, etc.) • special per ,MI formal nes (accessory apes, home occupatlons, etc.) Use Variances W ruldential uses Area Varlwom For residentlal uses RenewaI%Eitfenslon of Slke Plena or Special Permits that have no changes from pruvws approvaig • 64diMsions i Lot Line Adjustments Intamratatinnsti If subject of a previous referral, please note County referral number(s); r These actions are only exempt in munkipali# es that signed an lntermunkipal agreement with Dutehe'55 9u�ty i61 Fat Loom OFME USE ONLY Rmponne from Dutcho w County D"arrtment o1 Planning, and, I No Commwtsl Comments Atftohe e 5� Manrof Local Concern ❑ Local Concern with Comments ❑ Nodurlsdictkon ❑ Conditional ❑ No Authodty ❑ Denial ❑ Project Withdrawn 0 Incomplete—municipality mustmsubmit to CbmW ❑ Exempt from 238 Review ❑ Incomplete with Comments —mu must r 806--M4110 County ❑ Informal Comments Only (Action Exempt 6 239 R-17ai ew) Date Submihed: Notes: Data Rweived: Date Requested: Date Required: Date Response Faxed: 41151 ua I Reviewer: ❑ Major Project M Apr. 16, 2018 3:59PM No. 2118 P, 1 butchess County Department of ;,`` Ta ante SNIp� Planning and Developmerit OcRt From � eta 01 CA i;:t ;r Fax # Phone # 239 PlanninglZoning Referral - Exemption Communities Munlclpollty' Referring Agency: ❑ Planning Board ❑ Zoning Board of Appeals Municipal Board Tax Parcel Number(s): w Project Name: LL Applicant: \ c ' ,p Address of Property: Pracel(s) wftmn 500 fset ofi El State Road County Road state Property (wlpublic building a(recreau6n area) County Property (wipt4c building or recreation area) ET Municipal Boundary ❑ Farm operation in an Agricubrail Hiatt lct Ae tlemm' i4glM ORtili 239 Rwd w ❑ ComprehenstveWaster Plans Zoning Amendments (standards, uses, definitions, district regulations, etc.) ❑ Ri�zonings Involving all map changes Lei Other Local Laws associated with zoning (wetlands, historic preservation, affordable housing, architectural review, etc.) C1 Site Plans (all) ❑ Special Permits for all non-resldentfal uses ❑ Use Variances for all nan-resldential uses ❑ Area Variances for all non-resfdenflal uses Date Response Requested (H less than 30 days): ftasAPPIL 239 MV16W ler Wlt RM*AW • Administrative Amendments (Fea�s�, procedures, penaldes, . Special Pemtltsfor resldentlataises :. (accessory apts, home occupations, etc.) • Use Variances for residential uses . Area Variances for residential uses RenewalslF�sion of Site Plarm,or Special Permits that have no changes from previous approvals . Subdluls]nria Cit LIgaAdjustments . Itrterpn tstlons If subject of a previous referral, please note County referral number(s):� x These actions are only exempt in municlpalhios that signed an lntermunicipvi agreement with ! FOR CotiNTY OFFIcE USE OKY Response from Outchess County CepertlmeM of Planning and Dwelepmodtq Me carinments: ❑ Matter of Local Concern ❑ No Jurisdiction ❑ No Authority ❑ Nect Wdrawn ❑ Exempt from 239 Review Date submitted: Date Received- Date Requested. Dais Required: L \abs Date Response Faxed: 14 lot it Cpmmentv Altachedo Local Concern with Cornmenls ❑ Conditional ❑ Denial l ❑ Incomplete — munkJpaW must rosubrnit to County El Incomplete with Comments — rrrr+nicipalj(Y,must ferbrnd to I, tnai!y I ❑ Informal Comments only (Actlon Exempt from 239 ReV1ew) Notes: Also mailed hard copy Reviewer. 'a ❑ Major Project NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Draft: 2-7-18 Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 4 of the year 2018 A local law entitled "A Local Law for the Purpose of Amending Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, of the Town Code with Respect to the Demarcation of Wetlands and Wetland Buffers." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) LOCAL LAW No. 4 OF THE YEAR 2018 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law No. 4 of 2018, for the Purpose of Amending Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, of the Town Code with Respect to the Demarcation of Wetlands and Wetland Buffers." Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and amend Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, of the Town Code with respect to the demarcation of wetlands and wetland buffers. This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3. Amendments to Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection Section 137-10.B(7) shall be revised to read as follows: (7) The permit shall require that all wetland and/or wetland buffer areas to be permanently protected shall be physically demarcated in the field as deemed appropriate by the Planning Board with the use of a boulder located every 40 feet along the wetland buffer boundary; the Planning Board is however authorized to consider alternatives to boulders where topography or distance of wetland from site improvements will adequately protect the wetlands. Section 4. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5. Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for 2 codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 7. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. J:\DOCS2\500\Wappinger\Code Amendments 2018\wetlands LL 2-7-18 clean.dhs.doc 3 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2018-108 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Correspondence Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4170 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/19/2018 12:45 PM by Joseph P. Paoloni Page 1 Correspondence Lag - 20 8-04-2 ................. Plumber To From Date Date Rec' Re: Agenda Date 84- 23-881 Joseph P Paoloni Barbara Roberti 41812818 41812.818 Performance&Maintenance Bonds for Aril 2818 412312818 84-23-882 Joseph P Paoloni Vincent Bettina 411812818 411812818 Requesting Information on Ado ed Roads 412312818 184,23-883 Town Board Lee Anne Freno 4/1812818 4/1812818 Monthly Realty Tax Report for March 2818 412312818 f 84,23-884 Town Board Nicholas A Pascale 41/212818 4113/2818 Menicucci v. TOW, Barbara Roberti 412312818 184,23-885 Town Board Shelby Frank 4/1512818 4/1312818 Refe«al#18-894, LL Amending Cha er 137 412312818 184,23-888 Supervisor Thurston Joey O. Cavaccini 4/1712818 4/1712818 Withdrawal of Funds, Friends of Carnwath 412312818 104-23-007 Town Board Christine O'Reilly -Rao 411212818 4116/2018 Notice of Public Hearing, Town of LaGrange 412312818 184-23-888 Town Board Vincent Bettina 4/1812818 4/1812818 Equipment Rental Rates 412312818 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Updated: 4/19/2018 12:45 PM by Joseph P. Paoloni Page 1 Al / \ 0 & � q ƒ \ / E \ t ■ f* / /\ / k/ CC) %/� %f Co%/q 'CO Co m* g2279 m �5 mw m m cq g29 n # # # # # # # # § 4 \ � w � ra / = c « 0 k O k [ t t e m@ -i % CO 10 « & 0� c \ 2 o G = c o M 0 < k E cc LL0 co m o # * $ [ o t (D $ 2 c ] E a E E aƒ/ƒƒ\kL �.cccc==== X33333333 �2g@2@225 ■■ 9 0 2 2/ I- __ ®\NNNNNNN #5aC>Nwcq � � � � � 0 f 0 J £ ■ C u \ m L R32 CO ®±/ L °2Uk§2b« e cc0k0_ /k % ? � S � § m>-j2q,0a 0 22 � �/a 2 aEL222®22 a ==Mmm'=m a CL 0§ 0 0 0 0 2 $ 2 \ \ ° \ \ kk /0- % N M# m c w= M 0 0 0 0 0 0 0 0 E o 0 0 o c o 0 0 2?\\\\\/\ It# # # � # # 00# 0 00000 Al / \ 0 & � q ƒ \ / E \ t ZONING ADMINISTRATOR Barbara Roberti - Ext. 928 PLANNING BOARD & ZONING BOARD OF APPEALS SECRETARY Bea Ogunti - Ext 122 CODE ENFORCEMENT OFFICER Susan Dao - Ext 122 Brian Rexhouse — Ext 142 FIRE INSPECTOR Mark Liebermann - Ext 127 CLERICAL ASSISTANT Michele Gale - Ext 123 �01910't /�O- ��° TOWN OF WAPPINGER ZONING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-1373 Fax (845) 297-0579 www.townofwappinger.us To: Joseph Paoloni, Town Clerk From: Barbara Roberti, Zoning Administrator Re: Schedule of Performance & Mainten cc Bonds for the month of April 2018 April 6, 2018 PERFORMANCE BONDS SUPERVISOR Dr. Richard L. 'Thurston TOWN 130ARD William H. Beale Angela Bettina Robert Johnston Michael Kazmicz SUBDIVISION (Sub.) SECURED SITE PLANS (SP) BY AMOUNT CALL EXPIRES STATUS All Angels Hits. Subdivision Cash Deposit $104,427.60 No expiration. date -accepted by TB 10-17116 Hilltop Village -Tall Land V Surety Bond $462,457.00 #39B SBGG1368 Hilltop Village -Toll Land V Surety Bond $257,330.00 ( Sidewalks, Street Trees & Lighting) #SU1133194 No expiration date No expiration date -reduction accepted by TB 9129115 -reduction accepted by TB 10-11-16 Maloney Heights Subdivision Bond $384,000.00 9110118 11/19/18 -accepted by TB (Attalah & Joseph Nesheiwat) 47751805 FED) n � O8 APR 06 2018 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 107' Ridges Subdivision Letter of Credit $104,464.80 511118 6130118 -Reduction accepted by the TB 6126117. MAINTENANCE BONDS SITE PLAN RESTORATION BONDS Calvary Chapel of the HN. Cash Deposit $ 41,600.00 ****** -Accepted by TB on February 24, 2014. J Released upon Resolution Approval w/ signed maps Q Dunkin Donuts Cash Deposit $17,000.00 * * * * * * * -Accepted by TB on April 11, 2016 v Released upon CO Resolution Approval w/ signed maps N Furnia Subdivision Cash Deposit $7,500.00 ******** -Accepted by TB on N LU March 12, 2018 M Released upon Resolution Approval 9 w/ signed maps N Osborne Square Cash Deposit $2,000.00 * * * * * * * -Accepted by TB on April 11, 2016 v Released upon Completion of Q Dumpsters Prestige Mini Cash Deposit $4,640.00 * * * * * * * -Accepted by TB on March 24, 2014. Released upon Resolution Approval w/ signed maps Cc: Planning Board Robert Gray Town Board Vincent Bettina Albert P. Roberts, Esq. File Packet Pg. 108 (84!5) 298-0524 Fa% 10 HICIAVAY DIUVE WAPPINGERS FALLS, NY 12599 Eawdl: vbcdrw mumbimpjame-no DEPUTN' SUPF RINTENDF,'NT Frank Greggo SECRETARY Karo I Nelky 4018/04 lz- "I"OWN OF WAPPINGER Office of The Supevinteiident of Highways iI,C --, FROM: Vincent Bettina I ; SUBJECT: ADOPTED ROADS N011 I I@ ITiTA a a SUPERVISOR Richard Thurston (845) 297-4158 Main TONUN BOARD William 11, Beale AM! la Bettina RobleN, Johliston Michael Kuzrnic�z TOWN CLERN Joseph Paoloni Below is a list of roads that were adopted by the town. Unfortunately, I do not have any records of when the roads were adopted. I am hoping that you can help with obtaining the information needed. I need the date the roads were taken over by the town and a resolution stating so. Alfreda Drive Bill Horton Way Birchwood Drive Carmel Heights Caroline Drive Cc- Bob Gray, Town Engineer Jim Horan, Town Attorney Gerhard Court Hamlet Court Hillcrest Court Kinsale Court MacGhee Road Meadowwood Lane Morgan Court Newton Road Shamrock Hill Road Stage Door Lane Truffle Ridge Road Tuscany Drive Viola Court Whites Corner Lane RSC FEE'[0) 'TOWN OF WAPPINGER TO6N CLERK MARCH 2018 &/ 9 04i MONTHLY REALTY TAX REPORT Chi' kei n' E`�EME[o APR 10 2018 TOWN OF WAPPINGER TOWN CLFRK A B C D E F 2 RECEIVER OF TAXES 3 4 __ -_ BEGINNING BALANCE i .- I—. 2,962,205.32 5 Receipts Interest Misc. $ 11,945,007.48 6 7 8 Misc:,... 9 10 Less Disbursements/Adjustments Disbursements 11 $-,-(7,014,938,95) 12 13 Returned Checks Misc. $ (20,735,42) (2,500.86) 14 15 Misc. $ 7,869,502,87 16 ENDING BALANCE 17 Submitted by: 18 120 JLee Anne Freno, Receiver of Taxes n' E`�EME[o APR 10 2018 TOWN OF WAPPINGER TOWN CLFRK MARCH 2018 REALTY TAX RECEIPTS D E �SVED APR 1 Q 201 TOWN OF W Ap �i[�GER u I✓ A B C D F F G H I 1 1 DATE AMOUNT - BATCH TAX PENALTY MEMO NOTICE QVR/DVP PAYMENT INTEREST RETURN♦ CHECK FEE 2 RECEIVED NO. FEE FEE 4 3/1/2018 $ 153,516.99 41 $ 153,516.99 5 $ 195,692,81 42 $ 195,692.81 $ 125,931,23 43 $ 125,931.23 7 $ 168,998.4844 ..- _. $ 168,998.48 $-335,681',94 - 8 3/5/2018 $ 335,681,94 45 9 $ 92,315.84 46 $ 92 315.84 11 _._._ 3/8/2018 $ 41,374.44 $ 366,600.86 47 $ 41,336.27 $ 38.17 48 $ 366,600.86 12 $ 224,902.77 $ 462,370.16 $ 179,565.28 49 50 51 52 53 $ 224 902,77 $ 462,370.16 $ 179,565.28 $ 245,621,81 $ 293,512.43 $ 42.77 -- 13 14 15 3/9/2018 $ 245,621,81 16 3/13/2018 $ 293,555.20 17 3/15/2018 — $ 171,488.36 _ 54 $ 169,830.10 $ 1,610.34 $ 47.92 18 3/16/2018 $ 26,753.30 55 $ 26,664.96 - $ 33.57 $ 34,77 $ 20.00 19 20 3/16/2018 $ 2,500.86 53 -- $2,500 86 -- - - *bitl 1747 $A9/bill 1330 $34,68 *bill 5482 re -deposited removed by bank 21 3/19/2018 $ 856,309 62 56 $ 855,622,68 -_n - $ 686.94 22 - 99,625 53 57 $ 99,625,53 _- -_ $ 30,422.82 58 $ 30 422.82 59 24 $ 101,023.20 $ 101,023,20 25 - $- 51,992,26 60 $ 51,992.26 26 $ 111,595,20 $ 75,889,61 61 _62 63 $ 111,595.20 -- 1928.69 *bill 6856 -- 27 $ 73,960.92 $ 105,065.54 28 105,065,54 48,104.07 64 $-- 48,104.07 30 65 $ 40,941,78 $ 40,941.78 31 32 3/20/2018 3/20/2018 24.32 2429.82 12.15 *bill 3398_ *b1115325 $ 248,520 51 66 67 $ 246,090.69 $ 175,072.13 $ 175,108.60 33 34 35 3/23/2018 3/26/2018 $ 215,438 80 $ 125,229,41 $ 1,513,725.40 68 -- 69 70 $ 215,438 80 $ 125 229.41 ' $ 1,497,390.92 _ - $ 16,334.48 .,_..- 36 37 38 3/27/2018 3/28/2018 $ 2,357,250.70 $ 2,554,_6_81.76 $ 147,212.34 71 72 -... 73 $ 2,308,095.87 $ 2,520,074.44 $ 144,905,33 2286.12 ! $ 49,154.83 $ 34,60732 $ 0,89 39 $ 11,945,007 48 46 $ 11,835,694.38 $ (2,500.86) $ 4,722,23_.,._ _.._.,_ .__ $ 104,550.87 -.._-- $465.30 40 41 --__--- 3/31/2018 3/9/2018 $ (2,500.86) 42 3/16/2018 - - $ (630.70) 46 ....--- $ (630,70) -- bill 7407 43 $ {2,254.55} 44 - $ (2,25455) bill 5159 I 44 - (1,757,06) 44 $ (1,757.06) bill 5892 45 $ (3,302.06) 50 $ (3,302.06) bill 1464_ 46 $ (300.52) 50 $ (300.52♦ bill 6680 47 $ (837.88) 50 $ (837.88) bill 6681 48 $ (7,056:87) 50 $ (7,056.87) bill 6682 49 $ (3,859.07) 50 $ (3,859.07) bill 6683 50 $ -- [736J1) 53 $ [736.71) bill 2837 51 52 $ 11,921,771.20 1 $11,$12,458.10 $ 4,722.23 $ 104,550.87 $ 465.30 $ 40.00 D E �SVED APR 1 Q 201 TOWN OF W Ap �i[�GER u I✓ MARCH 2018 REALTY TAX DISBURSEMENTS 261 co 0 r e r 0 cV e 0) W !Y eh cV e le 0 e co r 0 cV Q >_ t V 2 !t. RECET ED APR 10 2018 TOWN OF WAPPINGER TOWN CLT". A B C D E F G H I 1 2 DATE AMOUNT OCCF SUPERVISOR OVR/QUP CHECK NO. 3 DISBURSED PAYMENT 4 _ 3/13/2018 $ 4,067,046.60 _ _ _ $ 4,067,046.60 _ 1750 5 3/16/2018 $ 11,43 T $ 11.43 bill 5052 1751 pending 6 3/22/20181 $ 2,947,763.09 _ $ 2,947,763,09 final payment _ 1752 7 8 L�7,( 14,821.12 $ 7,014,809.69 261 co 0 r e r 0 cV e 0) W !Y eh cV e le 0 e co r 0 cV Q >_ t V 2 !t. RECET ED APR 10 2018 TOWN OF WAPPINGER TOWN CLT". PLLC v DRAKE ATTOR'N'EYS AT LAW James R, Loci) Richard J. Drake, fenred Glen L. llder' Marianna R. Kennedy Gary J. Gogerty Stephen J. Gaba Adam L. Rodd Dominic Cordisco Timothy P McFldUff, Jr, Ralph L. Puglielle, Jr. Nicholas A. Pascale Lisa M,. Card Alana R. Hartley Aaron C. Fitch Emily R. Grandolfo ,Judith A. Waye Jennifer L. Sclineider, Managing Attorney *11.J10, in Taxation VIA FEDEX Dutchess County Clerk 22 Market Street Poughkeepsie, NY 12601 �0/8/o4 Jai April 12, 2018 555 t]Ljclson Valley AvenUe, SLO10 IN NewWindsor, New York 1255. Phone: 845-561-055( Fax: 845-561-1231. wwwdrakeloeb.con Re: Menicucci, Patrick v..1./O Wappingers, Barbara Roberti, et al. Index No,: 2669/2017 Our File No.: 08977-68706 Dear Sir/Madam: With regard to the above -referenced matter, enclosed for, filing, please find an original and one (1) copy of the Notice of Entry of the Decision and Order with the corresponding Affidavit of' Service, Please return a date stamped copy of same in the self-addressed, stamped envelope provided. If you have, any questions, please do not hesitate to contact me. Thank you, NAP/rnll/644796 Enclosure CC: Patrick Menicucci, Jr. — via 1"ecIE'x Stenger, Roberts, Davis & Diamond, LLP — via P'ecIE'x FOR E LP 1, A PR 13 2 018 TOWN OF WAPP, rwf\i CLER', !t - Wrrter'5 Direct: Phore: (845) 458-7398 Fax: (8451 458-73519 Email: npa5cale@drakeloeb,cl Packet Pg. 113 1 NAP/mll 08977-68706 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS PATRICK MENICUCCI, JR,, X Plaintiff, -against- TOWN OF WAPPINGERS, BARBARA ROBERTI, STENGER, ROBERTS, DAVIS & DIAMOND, LLP, JAMES HORAN, Defendants. -------------------------------------------------------------X STATE OF NEW YORK ) COUNTY OF ORANGE } 644795 AFFIDAVIT OF SERVICE Index No.: 2669/2017 MARIAN L. THOMPSON, being duly sworn, deposes and says: I. I am not a party to this action., am over 18 years of age and reside in Wallkill, New York 12589. 2. On April 12, 2018, I served a true copy of the .annexed DECISION AND ORDER WITH NOTICE OF ENTRY, in the following manner: envelope, with postage prepaid thereon, in an official depository within the State of New York, addressed to the last known address of the addressee(s) as indicated below: TO: PATRICK MENICUCCI, JR. Pro se 33 Cumberland Road Fishkill, New York 12524 Sworn to before me this 12`h day of April, 2018. C Notary Public SARA!' A. BERGER Notary Pubic, gate of New York No 015[6142177 Ou?W!-d';.I 6:5ter Cou Commission Exp. 3 STENGER, ROBERTS, DAVIS & DIAMOND, LLP 1136 Route 9 Wappingers Falls, New York 12590 MARIAN L. THO PSON 0 J 0 v 0 0 0 0 v co r e N e w M N le e 00 r= N 0 E v t DRAKELOEB- 555 Hudson Valley Avenue, Suite 100, New Windsor, New York 12553 Phone: 845-567.0550 Packet pg, 114 in an 'effort to afford the pro se 'plaintiff with ample opportunity to file opposition papers. Notwithstanding the foregoing, plaintiff failed to file any opposition papers in connection with either motion as or this date. ,Accordingly, it is Hereby ORDERED that the defendants' motions for dismissal of the plaintiff's complaint, all cross-claims and any and all other claims interposed is granted. The £ore9oing constitutes the decision and order of this court, ENTER: � ENTER: April ' 2018. , Poughkeepsie, NY —' Q v i 0 V. BRANDS, J.S.C. • Patrick Menieucci, Jr., pro se cn L 33 Cumberland Road �° l;ishkill, NY 12524 co o r Nicholas A. Pascale, Esq.. Drake Loeb, PLLC r N Attorneys for Defendants y w Town of Wappinger and � Barbara Roberti r> 555. Hudson. Valley Avenue, Suite 100 New Windsor, NY 12553 9 Stenger, Roberts, Davis & Diammid, LLP " 1135 Route 9 Wappingers Iaalis, NY 12590 E v Pursuant to CPLR Section 5513, an appeal as of right must be taken within thirty days after service Q by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry, except that when the appellant has served a copy of the judgment or order and written notice of its entry, the appeal must be taken within thirty days thereof. When submitting motion papers to Judge Brands' Chambers, please do not submit any copies.•Submit oitly the original papers. 2. Apr, 1 , 201 3, 59 PM�f SIoL4 P E9. MARCUS J. l�t7LIT�T,4�RU EOIN WRAPTU R, AICP QMMIGGIONER COUNTY EXECUTIVE COUNW OF DUT HESS DEPARTME-NIT OF PLANNING AND 01�VP-LOPW NT r April 16, 7018 To' Town Board, Town of Wapp.inger Re: Referral #18-094, !I_Amending Chapter 137 (Freshwater Wetland,'Waterbody, and Watercourse Protection) ti;! 1 The Dutchess County Department of Planning and Development has reviewed the subject referral within the framework of General Municipal Law (Article 128, §239-1/rn). , °i ri, °6I`' f 14� l.. ACTION The Town Board is considering the adoption of a local law to amend the codified provisions for freshwater wetiands, waterbodles, and the protection of watercourses in the Town of Wappinger. COMMENTS This new local law would require boulders every 40 feet to mark the limits of protected we la and/or wetland buffer areas. It is unclear, however, when this provision is applied — Is it applicable to only where the permit is issued, or is this a requirement for the entirety of the wetland? Wetlands can be quite large and, and depending on the number of boulders required, this requirement could be expensive and difficult for property owners to provide. This combined with the fact:;that• wetland boundaries are dynamic Ahd change often, we question the inclusion of this prevision in the code. If the Town wishes to keep this section, we suggest a definition be added that enumerate�v4 re061E erit�s of the boulder/delineation. if not already done so, we suggest the Town Board consult with the NYS Department of Environmental Conservation.— Region 3 regarding the changes proposed in this local law. RECOMMENDATION The Departmentrecom mends that the Board reit' upon its own study of the facts in the case with due consideration of the above commebrlts. C Egin.Wrafter, AIC :F.�(fl Commissioner By :K 13 2018 i 1!1, �.i .y },�➢�iJl �. °ii�of-i,;.. _ .. JF •Y PPIxx ,ry(�"i'�f Shelby Frangk Planner 27 High Street, Poijghkeepsie, New York 12601-0 (345) 486-3600 * Wax (845) 486-3610 t. SUPERVISOR Dr. Richard L. Thurston Confidential Personal Secretary Sandra Vacchio 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 W W W.TOWNOFWAPPINGER.US (845) 297-4158 - Main April, 201$ ao& 1(94 TOWN OF WAPPINGER Office of the Town Historian Supervisor Thurston and Town Board Wappinger Town Hall 20 Middlebush Road Wappingers Falls, NY 12590 Dear Supervisor Thurston and Town Board HISTORIAN Joseph D, Cavaccini TOWN BOARD William ft. Beale Angela Bettina Robert A. Johnston .Michael Kuzmicz Believe it or not but Spring is upon us once again and the time for the beautification of our Town has begun! I am writing on behalf of the Friends of Carnwath Farms Historic Site & Park Incorporated, in which I am the Executive Director. We are requesting to withdraw $3,000 from the "Friends of Carnwath" account that the Town of Wappinger holds for our organization. As you know the funds in our account are not the taxpayers, but donations from fundraisers and various donors to our cause. We intend to use this money on beautification items such as plantings, directory signage, etc. for the park. We also intend to fund the project of bringing running water and restroom facilities, an internal fire alarm system, and heat to the first floor level of the Reese Cultural Center which houses the Sports Museum of Dutchess County. We plan to continue our organization's efforts in assisting the Town of Wappinger in the rehabilitation of the grounds and buildings of Carnwath Farms Historic Site & Park. submitted, 17 [E�E� V IE0 4oseph D. Cavaccini APR 17 2018 Wappinger Town Historian TOWN OF WAPPINGER Executive Director, Friends of Carnwath Inc. TOWN CLFP:!( April 12, 2018 CVO/9�U'I' /p3 - TOWN OF LAGRAN E CHRISTINE O'REILLY-RAO TOWN CLERK 120 STRINGHAM ROAD LAGRANGEVILLE, NY 12540 845-452-1830 845-452-2289 FAX Dutchess County Dept. of Public Works State Historic Preservation Office NYS Dept. of Environmental Conservation - Region 3 Regional Dir. of Parks, Recreation & Historic Preservation Clerk, Town of Wappinger Clerk, Town of East Fishkill Clerk, Town of Pleasant Valley Clerk, Town of Washington Clerk, Town of Union Vale Clerk, Town of Beekman Clerk, Town of Poughkeepsie Re: Town of LaGrange Proposed Local Law No. 6 Dear Sir or Madam: On behalf of the Town Board, I forward a copy of the abstract of a proposed Local Law for review and comment. Should you have any comments please provide them to the Town Board by the time of the scheduled public hearing of May 23, 2018. Sincerely, OkL�,�e/hQ Christine O'Reilly -Rao Town Clerk COR/eo Enclosure 4a V G�3I E(O'C�TM[ E [ 3 APR 16 2018 TOWN OF WAPPINGER TOWN �"'�.ER", NOTICE OF PUBLIC HEARING TAKE NOTICE, that the Town Board of the Town of LaGrange will hold a public hearing at the Town Hall, 120 Stringham Road, LaGrangeville, New York on May 23, 2018 at 7 o'clock, p.m., on Local Law No. 6 of the Year 2018, entitled A LOCAL LAW OF THE TOWN OF LAGRANGE, DUTCHESS COUNTY, NEW YORK, AMENDING VARIOUS PROVISIONS OF CHAPTER 240, "ZONING", OF THE LAGRANGE TOWN CODE AS FOLLOWS: AMENDING SIGNS AT SECTION 240-43; AMENDING THE DEFINITIONS FOUND AT SECTION 240-112; AMENDING NONCONFORMING USES AND STRUCTURES AT SECTION 240-29; AMENDING SITE PLAN REGULATIONS AT SECTION 240-72; AMENDING SPECIAL PERMITS AT SECTION 240-71; ELIMINATING USE OF THE PHRASE PROJECT DEVELOPMENT PLAN IN FAVOR OF SITE PLAN; PROVIDING FOR REGULATION OF ADAPTIVE REUSE; AMENDING SITE PLAN REGULATIONS FOR VARIOUS ZONING DISTRICTS AT SECTIONS 240-38, 240-38.1, 240-39, 240-40, 240-35, AND 240-37; ESTABLISHING RULES OF INTERPRETATION AT 240-113; CORRECTING 240-103 REGARDING PROCEDURES FOR AMENDMENTS OF CHAPTER 240; AMENDING SECTION 240-86 REGARDING THOSE WHO ARE RESPONSIBLE FOR VIOLATIONS OF CHAPTER 240; ESTABLISHING SECTION 240- 81.1 REGARDING ZONING PERMITS; AND ADDING SECTION 240-90 REGARDING ADMINISTRATION OF SIGN PERMITS. TAKE FURTHER NOTICE, that copies of the aforesaid proposed local law will be available for examination at the office of the Clerk of the Town of LaGrange, at the Town Hall, 120 Stringham Road, LaGrangeville, New York between the hours of 8:30 a.m. and 4:00 p.m. on all business days between the date of this notice and the date of the public hearing. TAKE FURTHER NOTICE, that all persons interested and citizens shall have an opportunity to be heard on said proposal at the time and place aforesaid. DATED: LaGrangeville, New York April 11, 2018 -A •11 ,MIT, TOWN CLERK HIG "%VA Y SUPERINTEN D ENT Vinvent Bettina 10 4t10111NAY DRIVF WAPPINOURS FALLS, NY 12590 Email - Vheu nofmap pirl get . us t8451297-4451 Offiic� 1945) 298.0524 - Fax SEC',RETARY Karol Kelly Office of the Superintendent of Highways TO: Town Board FROM:: Vincent Bettina � C 3--L— RE, EQUiPTMENT RENTAL RATES �0/8/o'+ld� SUPERVISOR Dr Richard Thurston $45-2974158 Main TOWN BOARD William H. Beale Angda B. Bettina Robert Johnston Michail Kumicz TOWN CLERK Joseph 11"10lonj DATE: April 18, 2018 Pursuant to Town Law 143 and based on my recommendation the following equipment rental rates are itemized and are provided for Town Board approval. $445,00 Slaw Knox PF 3200/Bomag CR 362 paver plus 2 screedman $140-00 10 Ton Vibratory Roller $140,00 6 Ton Vibratory Roller $130.00 3 Ton Vibratory Roller $150.00 Skid steer with milling head $125,00 Skid steer with sweeper attachment $ 90.00 Single axle 10 ton dump truck $ 110.00 Tri axle 24 ton Dump truck $ 125.00 30 Ton Dump trailer $ 140.00 34 Ton Flowboy HE C- E � V E-` I I APR 18 2018 TOWN OF WAPPINGER TOWN CILFRK $ 155.00 Street Sweeper $4700,00 7 ft roadtrack milling machine per 8 hr. day rate with two operators $800.00 milling machine mobilization set up fee FUEL AND OPERATORS ARE INCLUDED IN THE RENTAL RATES. ALL RATES ARE 8 HOURS WORK DAY AND NO CHARGE FOR MOBILIZATION OF EQUIPMENT Cc: Town Clerk Paoloni Attorney Horan !t - I Packet Pg. 120 1 - HIGHWAY SUPERINTENDENT Vincent Bettina 10 111611WAY DRIVE WAPPIN01-IRS FALIS, NY 12590 Email VbeLtiiiW(itctwiiot'%N(,appiliger-us (845�) 297-9451 Office 1845)'2,98-0524 ,..1'm SECRETARY KaTol Kell 1010'' f@ ANUff'I fjj'�Ijl Office of the Superintendent of Highways To, Supervisor Thurstonand Toward From: Vincent Bettina k,/' Re: BLACKTOP PRICING AND EQUIPMENT RENTAL Date: April 18, 2018 SUPERVISOR Dr. Richard Thurston 845-297-4158 Main TOWN BOARD William H. Beale Angela Bettina Robert Johnston Michael KLIZII-IiCZ ,TOWN CLERK Joseph 11"1014mi Be advised that Ti,lcon New York, Inc. has quoted $ 56,00 per ton for type 6 blacktop for the resurfacing of the Town Roads and their quote is below the Dutchess County rates. I am also recommending the rental be awarded to Avello Brothers Paving Contractors 60 Fulton Street Poughkeepsie NY as they are listed on Dutchess County Office of Central Services and US Department of Labor and have attached their rates. The following roads are being recommended for paving and upon Board approval will need to amend the 284 agreement for funding . The total mileage is approximately 7.27 miles Wardl Ketchamtown Rd 1.90 Ward 2 Park Hill .70, Larmel Ct,.06, Shadybrook Ln .15, Boxwood Close .1 Mocassin View Rd.22, Flintrock Rd. .33, Heather Ct.08 Ward 3 Pine Hill Dr .24, Dorothy Heights .42, Dana P1.10, Plaza Rd. .21 , Russet Ln. .08, Losee Rd 94 Ward 4 Gold Rd, 1.20, Dose Rd .49 Upon reviewing the above roads with the Town Engineer a cost estimate will be given to the Board for consideration and approval, The roads will need to be milled and Tilcon has agreed to take the material at no extra cost. According to Comptroller Awino there is approximately $624,320.00 available and includes 2018 CHIPS, Pave NY, and Extreme weather funding. The balance of $ 345,000 is included in the amount as the bond Funds were approved to be used for last year's resurfacing, Unfortunately the list of roads nor the funding was in place until November and the Plants closed in December making it impossible to complete the necessary resurfacing. I will be commencing resurfacing of Dorothy Heights, Pine Hill Rd and Ketcham town upon approval of the Rental and blacktop quote. I want to thank the Board members for their cooperation regarding their selection of roads to paved. Cc Comproller Awino, Attorney Horan Clerk Paoloni M N le 9 co T- E 0 CU !t - W 0 Main Office: 800.789-7625 Fax, 908-325-0043 Address: S Entin Rd Parsippany, NJ 07054 To Place An Order: Call Us at 855-09-11100 or Email: TNJOrders@tilconny-corn 'PRICING BELOW DOES NOT MCLUDE SALES TAX' Uotfad .269-0221 mutt.iah I tit n lom Mithaol Koation, 7 -- Product 1.10M Quantity Material Rate TON Plant GJ4235 TYPE 3 8NDER l'YPF. GF3 M-) TON 7.4}00,4hk*0pt4lo 58�111 042�j kwch GzVkS TYPF 7F TOP TON 4 Gr,l'7 ;: Pf2l(',FS',AAI,,I,II Efl5%,t)f-'OR TtiP2018SEASC)NVVIThINO AWUST?vlf-,Nl,, RICES ABOVE s+Rf-' FOR YOUR LARGER STREET PAViN13 PROxf,"TS oN1 Y N VALL TAM. TiII= ,101LUNGS AT NO CHARGE TO THE H -t ff (0-1 TOWN OF WAPPINGEk TOWN CLERK ACCEPTANCE - Terwsam Nel 30 day -i fe(:m bva:vs MaTe htern" a! I be charpo ar t.e duff. date, 111,h7s Drpjz,4tls hix Fx, oipt olease Orvwurd s.aufpy of yo Tax Exempt Carti'tWu tea uf, 310r Q wilh the Sig,led r!"AWIN sfiu,faj t1,6 cJ&eoaaantlE J'tl C� "tjr^plfare,'S Wao) all anp,iclbla Fadpirm, Suite and ln'luhl laws 3ld :s out ipconweneadfo'use 1cr Ill i(sclioa*, daviwd foe a9C s, site fumnli.-IrC11) Lr similes rie.3);e0s, mofv "14 se ns pop,-ht�w)'3 ?fyno llavo arly &b, 'naltliAl PJARI"t� Q*f,jAr.t RIM,yCje ".)pe%Ations as pw-liaw awr3dup aCK:e.vtF mcrcwd M`iclutu M.Iterial autowc4z to tm ubr.va rosea vw�*n% iwd ci-,, C=.Wwiwr Sign alure m n Dun fnimuvn 7�,= g.0'4;w;nv u' oaAq,vq;,7 ' .7 of Fxe.,,.hqa Omer 11245 ai a Sfclw Of JW 'VC—lU wl �tiIAN [Aw,^vl "c-ol IVA j"d, SW"a" W., Vvtnwn 'kt-urea Awmtoi A0 of Tqi6 scroljoAlv;v 11"'le D'ANi Ct klS )�,pfv ,r K2 :31 Ys Ouc;t,e., approve"' by', Edward Uicalavj V15*(Y8 Page 1 of 1 !t. Packet Pg. 122 Sales Quotation Customer Acct No, 62480 Oucite Date 4 M3a20 1 Custornor Town Of V°wpw-gcm Quoto Number Q,$57896-4 Contact Narne VlNCENT,,'8PTTlNA Quoto Valid Through Date 4 1M20 18 Phone # 04r',-2.97-0451 Customer PO Number Contact Email Project Tax Exempt No Union Project Name VvIAPPINGERS - 2016 PAVING OF AMOUS STRE I Vr,rTS Project Address NY 12500 'PRICING BELOW DOES NOT MCLUDE SALES TAX' Uotfad .269-0221 mutt.iah I tit n lom Mithaol Koation, 7 -- Product 1.10M Quantity Material Rate TON Plant GJ4235 TYPE 3 8NDER l'YPF. GF3 M-) TON 7.4}00,4hk*0pt4lo 58�111 042�j kwch GzVkS TYPF 7F TOP TON 4 Gr,l'7 ;: Pf2l(',FS',AAI,,I,II Efl5%,t)f-'OR TtiP2018SEASC)NVVIThINO AWUST?vlf-,Nl,, RICES ABOVE s+Rf-' FOR YOUR LARGER STREET PAViN13 PROxf,"TS oN1 Y N VALL TAM. TiII= ,101LUNGS AT NO CHARGE TO THE H -t ff (0-1 TOWN OF WAPPINGEk TOWN CLERK ACCEPTANCE - Terwsam Nel 30 day -i fe(:m bva:vs MaTe htern" a! I be charpo ar t.e duff. date, 111,h7s Drpjz,4tls hix Fx, oipt olease Orvwurd s.aufpy of yo Tax Exempt Carti'tWu tea uf, 310r Q wilh the Sig,led r!"AWIN sfiu,faj t1,6 cJ&eoaaantlE J'tl C� "tjr^plfare,'S Wao) all anp,iclbla Fadpirm, Suite and ln'luhl laws 3ld :s out ipconweneadfo'use 1cr Ill i(sclioa*, daviwd foe a9C s, site fumnli.-IrC11) Lr similes rie.3);e0s, mofv "14 se ns pop,-ht�w)'3 ?fyno llavo arly &b, 'naltliAl PJARI"t� Q*f,jAr.t RIM,yCje ".)pe%Ations as pw-liaw awr3dup aCK:e.vtF mcrcwd M`iclutu M.Iterial autowc4z to tm ubr.va rosea vw�*n% iwd ci-,, C=.Wwiwr Sign alure m n Dun fnimuvn 7�,= g.0'4;w;nv u' oaAq,vq;,7 ' .7 of Fxe.,,.hqa Omer 11245 ai a Sfclw Of JW 'VC—lU wl �tiIAN [Aw,^vl "c-ol IVA j"d, SW"a" W., Vvtnwn 'kt-urea Awmtoi A0 of Tqi6 scroljoAlv;v 11"'le D'ANi Ct klS )�,pfv ,r K2 :31 Ys Ouc;t,e., approve"' by', Edward Uicalavj V15*(Y8 Page 1 of 1 !t. Packet Pg. 122 Vol 1172 Route 9, Fishkill,, NY 12524 Thalle j Phone: (845) 896-5156 Industries i Fax: (845)896-5174 I To: TW200 Town of Wappingers Falls Quantity Middle Bush Road Material Rake Wappingers Falls, NY 12590 Contact: Vicent Phone-. 845-297-9451 Fax: 845-298-0524 Order: TW200-297-1 8 Order Date: 04/02/2018 Expire Date: 12/3112018 Order Page I of I Order Description 2018 Products Based on NYS index April $466.00 'M Sales Person : 1 EMORAMID Product Description Quantity 90ft Material Rake EMWU BAIR Sales Price 10 TYPE 7F 0,00 Tons 68.00 0.00 12 Dense Binder Type 3 0.00 Tons 63.00 0.00 17 Top Type 6 0.00 Tons 65.00 0.00 98 Top Type 6F2 0,00 Tons 65,00 0.00 99 Dense Binder Type 3 0.00 Tons 63.00 0.00 Total Amount: $0.00 Terms: Invokes not paid in full within 60 days from the invoke date will incur a monthly Interest charge of 1.5% Comments: I Packet Pg. 123 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 WITHDRAWN RESOLUTION 2018-109 Meeting: 04/23/18 07:30 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: Joseph P. Paoloni Sponsors: DOC ID: 4984 Resolution Authorizing Cell Tower Lease Negotiations WHEREAS, the Town of Wappinger entered into a land lease agreement dated March 24, 2000 with Dobson Cellular Systems, Inc. for the erection of a cell tower behind the Emergency Services Building; and WHEREAS, the lease provided for an initial term of five years with four additional five-year options; and WHEREAS, the land lease was assigned to American Tower Partners in 2005; and WHEREAS, American Tower Partners has notified the Town of Wappinger that it would like an opportunity to extend the term of the lease and make certain changes to its financial terms; and WHEREAS, the Town Board determines that it is in the best interest of the Town to negotiate the best least terms possible for the Town; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby authorizes Supervisor Thurston and Deputy Supervisor Johnston to conduct negotiations regarding the Cell Tower Land Lease with the assistance of the Attorney to the Town. Any amendment to the Land Lease is subject to further approval by the Town Board as required by Town Law. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ................... RESULT: WITHDRAWN Updated: 4/19/2018 1:23 PM by Joseph P. Paoloni Page 1