2018-06-25Town of Wappinger
Regular Meeting
Minutes
20 Middlebush Road
Wappingers Falls, NY 12590
townofwappinger.us
Joseph Paoloni
(845)297-5771
Monday, June 25, 2018 7:30 PM Town Hall
I. Call to Order
Attendee Name
Organization
Title
Status
Arrived
Richard Thurston
Town of Wappinger
Supervisor
Present
7:30 PM
William H. Beale
Town of Wappinger
Councilman
Present
7:30 PM
Angela Bettina
Town of Wappinger
Councilwoman
Present
7:30 PM
Robert Johnston
Town of Wappinger
Councilman
Present
7:30 PM
Michael Kuzmicz
Town of Wappinger
Councilman
Present
7:30 PM
Joseph P. Paoloni
Town of Wappinger
Town Clerk
Present
7:30 PM
Jim Horan
Consultant
Attorney
Present
7:30 PM
Vincent Bettina
Town of Wappinger
Highway
Present
7:30 PM
II. Salute to the Flag
III. Adoption of Agenda
1. Motion To: Adopt the Agenda
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Angela Bettina, Councilwoman
AYES:
Thurston, Beale, Bettina, Johnston, Kuzmicz
IV. Acknowledge Minutes
1. Motion To: Acknowledge Minutes May 22, 2018
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
William H. Beale, Councilman
AYES:
Thurston, Beale, Bettina, Johnston, Kuzmicz
2. Motion To: Acknowledge Minutes May 30, 2018
Town of Wappinger Page 1 Printed 7/17/2018
Regular Meeting Minutes June 25, 2018
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Robert Johnston, Councilman
AYES:
Thurston, Beale, Bettina, Johnston, Kuzmicz
3. Motion To: Acknowledge Minutes June 11, 2018
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Johnston, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz
V. Public Portion
1. Motion To: Open Public Portion
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Robert Johnston, Councilman
AYES:
Thurston, Beale, Bettina, Johnston, Kuzmicz
2. Motion To: Close Public Portion
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Robert Johnston, Councilman
AYES:
Thurston, Beale, Bettina, Johnston, Kuzmicz
VI. Resolutions
RESOLUTION: 2018-155
Execute Cell Tower Agreement Renewal.
WHEREAS, by Resolution dated February 28, 2000 which was subject to permissive
referendum, the Town of Wappinger entered into a land lease with Dobson Cellular Systems, Inc.
("Dobson") for a certain parcel of real property behind the Emergency Services Building located at
16 Middlebush Road, Wappingers Falls, New York (the "Premises") to permit Dobson to erect a
tower with antennae and other appurtenances to provide telecommunication services (the "Tower");
and
WHEREAS, the Lease Agreement authorizes the Tenant to sub -lease space on the Tower
to collocate the equipment of additional telecommunications providers; and
Town of Wappinger Page 2 Printed 7/17/2018
Regular Meeting Minutes June 25, 2018
WHEREAS, the initial term of the Lease Agreement was a five-year term with four
additional five-year options, and
WHEREAS, the Town of Wappinger authorized additional co -locations on the Tower by
Resolution 2003-103 adopted on March 24, 2003 and by Resolution 2003-293 adopted on
December 22, 2003; and
WHEREAS, ACC Tower Sub, LLC ("ACC") acquired the leasehold rights of Dobson
Cellular Systems, Inc.; and
WHEREAS, ACC has requested to modify the Lease Agreement to extend its terms; and
WHEREAS, the ACC and the Town have agreed to modify the Lease Agreement by
granting ACC seven additional five-year options and in consideration thereof the Town shall receive
a one-time fee of $30,000 and an increase in the annual rent; and
WHEREAS, the Town Board has determined that the lease term is reasonable for the
telecommunications and that the rent amounts are consistent with the fair market value for the
property; and
WHEREAS, the extension of the lease terms does not change the activities permitted for
the Premises;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The amendment of a lease that does not change the permitted activities is a Type II
action pursuant to 6 N.Y.C.R.R. �617.5 (c) (26) which does not require SEQRA Review.
2. The Town Board hereby finds that the execution of the FIRST AMENDMENT TO
THE LAND LEASE AGREEMENT is not subject to an additional permissive referendum as the
original Lease was subject to a permissive referendum and the material provisions of the Lease,
other than term and rent due, have not been changed.
3. The Town Board hereby finds the terms of the annexed FIRST AMENDMENT
TO THE LAND LEASE AGREEMENT are just and reasonable.
4. The Town Board hereby authorizes the Supervisor to sign the annexed FIRST
AMENDMENT TO THE LAND LEASE AGREEMENT on behalf of the Town of Wappinger.
5. The rental payments made under this lease shall be credited to the general fund of
the Town.
The Supervisor is hereby directed to provide a fully executed copy of the FIRST AMENDMENT
TO THE LAND LEASE AGREEMENT to the Town Clerk who shall maintain the same in his
files.
The foregoing was put to a vote which resulted as follows
J Vote Record - Resolution RES -2018-155
Yes/Aye..
No/Nay..
Abstain
Absent
D Adopted
❑ Adopted as Amended
Richard Thurston
Voter
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Dated: Wappingers Falls, New York
June 25, 2018
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2018-156
Town of Wappinger Page 3 Printed 7/17/2018
Regular Meeting Minutes June 25, 2018
Resolution Authorizing Transfer Of Funds To Increase Highway Superintendent Training
Expenses
WHEREAS, it is in the best interest of the Town to send the Highway Superintendent
and his deputies to seminars and training sessions regarding new adopted regulations and new
methods for maintaining highways; and
WHEREAS, the 2018 budget reduced the annual appropriation for this training from
$3,700 to $2,200; and
WHEREAS, training of the Deputy Highway Superintendent received no funding in the
2018 budget appropriations;
NOW, THEREFORE, BE IT RESOLVED, as follows:
The Town Board hereby authorizes the following budget line transfers:
AmountFrom
Line
To Line
$3,800.00
A0915 Unallocated Fund
Balance
A5010.402 Highway Superintendent Training
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2018-156
Yes/Aye
No/Nay
Abstain
Absent
D Adopted
El Adopted as Amended
Richard Thurston
Seconder
0
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AnelaBettina
Voter
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❑ WithdrawnRobert
Johnston
Voter
0
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Michael Kuzmicz
Mover
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Dated: Wappingers Falls, New York
June 25, 2018
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2018-157
Resolution Authorizing Second Mechanic In The Highway Department
WHEREAS, the Town Superintendent of Highways has the statutory obligation to
maintain the highways of the Town of Wappinger; and
WHEREAS, the Superintendent is authorized to purchase machinery for the
maintenance of the highways as well employ mechanics to maintain and repair the machinery;
and
WHEREAS, the number of mechanics in the Town of Wappinger Highway Department
is one; and
WHEREAS, the Highway Superintendent is advised that more than one mechanic is
required in the highway department as certain repair tasks require two person and a second
mechanic should be available for periods of round the clock snow removal operations, vacations,
Town of Wappinger Page 4 Printed 7/17/2018
Regular Meeting Minutes June 25, 2018
sickness and other contingencies; and
WHEREAS, historically the Highway Department has had more than one mechanic; and
WHEREAS, the 2018 Budget only funds the salary for one mechanic so a budget
transfer from other highway fund budget lines are required; and
WHEREAS, the Highway Superintendent has advised that funding is available from the
personal services lines from general highway repairs and snow removal which have not been
used and has requested that an additional mechanic position be funded by the Town Board; and
WHEREAS, pursuant to the Highway Law, the appointment of the mechanic is at the
discretion of the Highway Superintendent;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby authorizes the creation of a second Automotive Mechanic
position in the Town of Wappinger Highway Department.
2. The position of Automotive Mechanic is a non-competitive position under the rules of
the Dutchess County Human Resources Department and such appointment is subject
to the Rules of DCHR.
3. Compensation for the Automotive Mechanic position shall be in accordance with the
terms of the Highway Department collective bargaining agreement.
4. The appointment of the Automotive Mechanic is at the discretion of the Highway
Superintendent.
5. The Town Board hereby authorizes the following budget line transfers to fund the
position:
Amount
From Line
To Line
$ 29,000
DB5110.100 General Repairs
Personal Services
DB5130.100 Machinery Personal
Services
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2018-157
Yes/Aye
Abstain
Absent
D Adopted
......No/Nay
..
❑ Adopted as Amended
Richard Thurston
Voter
0
❑
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❑
❑ Defeated
William H. Beale
Voter
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Angela Bettina
Seconder
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Mover
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MichaelKuzmicz
Voter
Dated: Wappingers Falls, New York
June 25, 2018
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2018-158
Resolution Authorizing Purchase Of Greenway Community Signs
WHEREAS, the Town of Wappinger is a Hudson Valley Greenway Community; and
WHEREAS, the Town posted welcome signs at the principal entrances of the Town; and
WHEREAS, the existing signs are in disrepair and other signs are missing; and
WHEREAS, the Town Board determines that seven new signs should be installed;
NOW, THEREFORE, BE IT RESOLVED:
Town of Wappinger Page 5 Printed 7/17/2018
Regular Meeting Minutes June 25, 2018
1. The Town Board hereby authorizes the purchase of seven single sided signs from
Sing Language, Inc. at a cost of $1,200 per sign in accordance with the attached quote.
2. The signs shall be installed at the following locations:
Location
Route 9 Northbound at Town of Fishkill Line
Route 9 Southbound at the southside of Wappinger Lake
Route 9D Northbound at the Town of Fishkill Line
Route 376 Northbound on the west side of Sprout Creek
Route 376 Southbound at the Town of Lagrange Line
New Hamburg Road Eastbound on the southside of the Wappinger Creek
Chelsea Boat Ram
3. The Superintendent of Highways is directed to coordinate with Dutchess
DPW and NYS DOT to install signs at the above locations except for South River Road.
4. To fund this purchase an increase of $1,200 is required and the following
transfer is hereby authorized
County
budget
Amount
From Line
To Line
$ 1,200
A1990.400 Town Board
Contingency
A8510.400 Greenway Sign Repairs
Payment for the aforementioned signs shall be made by purchase orders and after receipt of the
equipment and approval of a voucher as required by Town Law.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2018-158
Yes/Aye
Abstain
Absent
El Adopted
......No/Nay
..
0 Adopted as Amended
Richard Thurston
Voter
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Voter
Dated: Wappingers Falls, New York
June 25, 2018
Amended.
The Resolution is hereby duly declared Adopted as
RESOLUTION: 2018-159
Resolution Authorizing the Town Supervisor to Execute Agreement with Gov Portal for
the purpose of Credit Card processing
WHEREAS, the Town has previously entered into an agreement with MyRec, a software service
which provides program registration and payment management including Credit Card
processing; and
WHEREAS, MyRec recommends the use of the credit card processing agency GovPortal due to
the agency's compatibility with their software; and
Town of Wappinger Page 6 Printed 7/17/2018
Regular Meeting Minutes June 25, 2018
WHEREAS, GovPortal provides the ability to pass credit card processing charges onto the
consumer in compliance with the Town's inability to absorb those costs; and
WHEREAS, the Town of Wappinger will incur no charges for the use of GovPortal.
NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby authorizes the Town Supervisor,
Dr.Richard L. Thurston to execute the attached agreement with Govportal credit card
processing service on behalf of the Town of Wappinger. This agreement can be terminated by
the Town of Wappinger at any time without penalty.
The foregoing was put to a vote which resulted as follows
✓ Vote Record - Resolution RES -2018-159
Yes/Aye
No/Nay
Abstain
Absent
D Adopted
El Adopted as Amended
Richard Thurston
Voter
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Dated: Wappingers Falls, New York
June 25, 2018
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2018-160
Resolution Authorizing Refund Of Escrow For Randolph School
WHEREAS, on or about April 12, 2018 the Randolph School deposited Two
Thousand Dollars ($2,000) in escrow with the Town of Wappinger to insure the completion of
landscaping and pavement required by a resolution of site plan approval; and
WHEREAS, the improvements have been installed and approved by the Town of
Wappinger; and
WHEREAS, the Applicant has made a request to have the escrow balance refunded;
and
NOW, THEREFORE, BE IT RESOLVED:
The Town Board hereby authorizes a refund to Randolph School in the amount of Two
Thousand Dollars ($2,000) from escrow account for building permit 2017-0154.
The foregoing was put to a vote which resulted as follows:
✓ Vote Record - Resolution RES -2018-160
Yes/Aye..
No/Nay..
Abstain..
Absent..
El Adopted
0 Adopted as Amended
Richard Thurston
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Dated: Wappingers Falls, New York
June 25, 2018
Town of Wappinger Page 7 Printed 7/17/2018
Regular Meeting Minutes June 25, 2018
Amended.
The Resolution is hereby duly declared Adopted as
RESOLUTION: 2018-161
Resolution Authorizing Execution Of A Shared Services Agreement With Dutchess County
WHEREAS, in 2017, the Governor and members of the State Legislature enacted a state
budget including a provision that mandated the County Executive lead a panel comprised of all
city, town and village executives in the creation of a county wide shared services property tax
savings plan; and
WHEREAS, through the course of 2017 that plan was formulated to save taxpayer
dollars by reducing costs; and
WHEREAS, one of projects included in that plan was for the utilization of a County
Procurement Specialist which includes the purchase of County provided procurement assistance
by municipalities; and
WHEREAS, it has been determined that there would be administrative cost savings with
avoiding workloads, such as: the creation of bids, RFPs, and quote documents specifications,
moderating the bid process, evaluating bid/RFP/quote responses and the tabulation of results; in
addition, there could also be significant savings in cooperative purchase agreements and
piggybacking off other municipal and state contracts; and
WHEREAS, the Procurement Specialist Services are outlined in the proposed agreement
with Dutchess County; and
WHEREAS, the scope of services in the agreement includes:
• assist in the writing and preparation of request for bids and proposals;
• post prepared requests for bids and proposals in newspapers on the
internet;
assist in the evaluation of vendors, bids and proposals to assure they meet
specifications; and
WHEREAS, the Town would be responsible to pay a fee to Dutchess County for their
services in the amount up to $60.00 per hour; and
WHEREAS, the Town is authorized to enter into a Shared Services Agreement with the
County for central purchasing services pursuant to New York State General Municipal Law
§ 119-0; and
WHEREAS, Dutchess County Legislature has authorized the County Executive to
execute the Shared Services Agreement pursuant to Resolution No. 2016290.
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 Supervisor is hereby authorized to execute an Agreement for the
Town's participation in the Dutchess County Shared Services Program for Procurement
Specialist Services in accordance with a proposed contract from Dutchess County in
substantially in the same form as the annexed hereto.
The foregoing was put to a vote which resulted as follows:
Town of Wappinger Page 8 Printed 7/17/2018
Regular Meeting Minutes June 25, 2018
Vote Record - Resolution RES -2018-161
onanc Lo
- ZU6-gab-Z0
Number
TO
From
Date Date Rec" Re:
Agenda Date
88-75-881
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted
Town Board
Susan Las&i
81281 818 81111 818 Notice of Intent to Enter PropOy
U26018
88--78.883
Town Board
0 Adopted as Amended
Richard Thurston
Voter
D
❑
❑
❑
❑ Defeated
William H. Beale
Mover
0
❑
❑
❑
❑ Tabled
AnelaBettina
Voter
0
❑
❑
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Dated: Wappingers Falls, New York
June 25, 2018
Amended.
The Resolution is hereby duly declared Adopted as
RESOLUTION: 2018-162
Correspondence Log
Resolution Authorizing the Acceptance of the Correspondence Log
orr
onanc Lo
- ZU6-gab-Z0
Number
TO
From
Date Date Rec" Re:
Agenda Date
88-75-881
Town Board
Heather L. Ktchen
81417818 81817818 Justice Re ort for the Month of May, 7818
817517818
88--28-882
Town Board
Susan Las&i
81281 818 81111 818 Notice of Intent to Enter PropOy
U26018
88--78.883
Town Board
Lee Anne Freno
817117818 817117',818 Tax Re ort for the Month of May, 7818
817817818
NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the
attached Correspondence Log are hereby accepted and placed on file in the Office of the Town
Clerk.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES -2018-162
Yes/Aye
No/Nay
Abstain
Absent
D Adopted
ElAdopted as Amended
Richard Thurston
Voter
D
❑
❑
❑
❑ Defeated
William H. Beale
Voter
0......
❑
❑
❑
❑ Tabled
AnelaBettina
Seconder
0
❑
❑
❑
❑ WithdrawnRobert
Johnston
Mover
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❑
❑
Micae
hl Kuzmicz
,Voter
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Dated: Wappingers Falls, New York
June 25, 2018
The Resolution is hereby duly declared Adopted.
VII. Items for Special Consideration/New Business
1. Water and Sewer Work with Woodhill Green, V of WF, T of Pough, Wildwood and
UWWD
Town of Wappinger Page 9 Printed 7/17/2018
Regular Meeting Minutes June 25, 2018
Supervisor Thurston wanted to preview this to the board as an item to come in September.
Engineer Gray said this will require a bond. All the subject plants are old. The plan is to replace
the Wildwood plant and run the lines through Woodhill Green. The forthcoming resolution will
be contingent on the receiving of the Grant money. Bob Gray handed out a sketch of the
proposed water and sewer line.
2. Update on Summer Camp
Director Fulton announced that her new program brought the attendance to 153 or full capacity.
They have exceeded their expectations. Director Fulton promised to inform the board of the date
of the year end camp celebration at the final week.
3. Motion To: Allow Buildings and Grounds to Surplus their faulty Wood Chipper
Buildings and Grounds Supervisor Frazier asked to put a wood chipper up as surplus while it's
still running. The board agreed and moved to allow it.
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz
VIII. Executive Session
1. Motion To: Enter Executive Session
RESULT: ADOPTED [UNANIMOUS]
MOVER: Richard Thurston, Supervisor
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz
2. Motion To: Return From Executive Session
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Johnston, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz
3. Resolution To Be Approved After Executive Session
RESOLUTION: 2018-163
Resolution Authorizing Lease With Empire State Ambulance Corp. D/B/A Emstar
Town of Wappinger Page 10 Printed 7/17/2018
Regular Meeting Minutes June 25, 2018
WHEREAS, EMPIRE STATE AMBULANCE CORP. d/b/a EMSTAR has entered into
the Town of Wappinger Ambulance District to provide ambulance services to the residents of the
Ambulance District through fiscal year 2018; and
WHEREAS, EMPIRE STATE AMBULANCE CORP. d/b/a EMSTAR desires to lease
from the Town of Wappinger a portion of the Town's Emergency Services Building to provide
ambulance services to the Town; and
WHEREAS, the Town and EmStar have agreed to the terms of a lease agreement which
is annexed hereto; and
WHEREAS, the Town and EmStar have agreed to the terms of a lease agreement
through December 31, 2018 which is annexed hereto;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby finds the terms of the annexed lease agreement with EmStar
Ambulance Services to be reasonable.
2. The Town Board hereby authorizes the Supervisor to sign the annexed lease
agreement on behalf of the Town of Wappinger.
3. The rental payments due under this lease shall be credited to the general fund of the
Town.
The Supervisor is hereby directed to provide a fully executed copy of the Lease to the Town
Clerk who shall maintain the same in his files.
The foregoing was put to a vote which resulted as follows:
J Vote Record - Resolution RES -2018-163
Yes/Aye
No/Nay
Abstain
Absent
D Adopted
El Adopted as Amended
Richard Thurston
Voter0
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Michael Kuzmicz
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Dated: Wappingers Falls, New York
June 25, 2018
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2018-164
Resolution Authorizing Refund Of Unused Escrow For M & C Of Dutchess Inc. (Account
18-7637)
WHEREAS, on or about December 20, 2017, Craig O'Donnell, President of
M & C of Dutchess, Inc. (hereinafter the "Applicant") filed an application for a Use Variance
under Application Number 18-7637; and
WHEREAS, total escrow deposits in the amount of Three Thousand 00/100 Dollars
($3,000.00) 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 One Thousand Five Hundred Six 00/100 Dollars
($1,506.00) in escrow account number 18-7637 and Applicant has requested a refund and the
Town Accountant has audited the escrow account and reviewed the amount due.
Town of Wappinger Page 11 Printed 7/17/2018
Regular Meeting Minutes June 25, 2018
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 M & C of Dutchess, Inc., in the amount of
One Thousand Five Hundred Six 00/100 Dollars ($1,506.00) from escrow account number 18-
7637, representing the unused escrow balance for the above project.
The foregoing was put to a vote which resulted as follows
Vote Record - Resolution RES -2018-164
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Robert Johnston, Councilman
AYES:
Thurston, Beale, Bettina, Johnston, Kuzmicz
Yes/Aye..
No/Nay..
Abstain..
Absent..
D Adopted
El Adopted as Amended
Richard Thurston
Voter
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El
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William H. Beale ..................Voter
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❑ ......,........
❑....
❑
❑ Tabled
fteiaBettina
Voter
0
❑
❑
❑
❑ Withdrawn
RobertJohnston
Seconder
.Mover .............
D ..................
❑ ...................
❑ .................
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Michaecz
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❑
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Dated: Wappingers Falls, New York
June 25, 2018
The Resolution is hereby duly declared Adopted.
IX. Adjournment
Motion To: Wappinger Adjournment & Signature
The meeting adjourned at 9:50 PM.
Joseph P. Paoloni
Town Clerk
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Michael Kuzmicz, Councilman
SECONDER:
Robert Johnston, Councilman
AYES:
Thurston, Beale, Bettina, Johnston, Kuzmicz
Town of Wappinger Page 12 Printed 7/17/2018
SUPERVISOR
Dr. Richard L. Thurston
Confidential Personal Secretary
Sandra Vacchio
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
W W W.TO WNOF WAPPINGERUS
(845) 297-4158 - Main
June 21, 2018
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 H. Beale
Angela Bettina
Robert A. Johnston
Michael Kuzmicz
On May 30, 2018, I submitted a letter to you recommending 16 new Town of
Wappinger Greenway signs to be erected throughout Town. I have received estimates
from Sign Language signs on how much each sign would cost to build. These signs
would be made of durable material that would withstand weather and highway
pressures. The cost of the single sided signs are $1,200.00 and double sided signs are
$1,450.00. This price includes assembly and site installation. Attached is a copy of the
estimate
I am recommending per conversation with the Supervisor and Town Board
members that we initially move forward with the six "Welcome to the Town of
Wappinger" signs at the following gateways; Route 9 northbound at Fishkill, Route 9
southbound at Poughkeepsie, Route 9D northbound near Baxtertown Road, Route 376
at East Fishkill, Route 376 at LaGrange, and New Hamburg Road near Old Troy
Road. These signs are single sided and the total cost of this phase of the project
would be $7,200. The 2018 budget reflects $6,000 in budget line 8510.400-A,
Greenway Sign Repairs.
Community
Environment
Adopted 2015
Actual 2015
Adopted 2016
Actual 2016
2018 Budget
8510.400-A
Greenway sign repairs
3,000.00
6,000.00
7,762.59
6,000.00
I am hoping we can move forward in the erection of our Wappinger gateway
signs to further distinguish our great Town and help beautify Wappinger.
Respectfully Submitted,
Joseph D. Cavaccini
Wappinger Town Historian
20 Middlebush Road I Wappingers Falls, NY 12590
office: 845.297.4158 ext 107 1 fax: 845.297.4558
email: jcavaccini@townofwappinger.us
SIGN LANGUAGE, INC.
44 Noxon Road, Suite#4
Poughkeepsie, NY 12603
Ph: 845.471.3800
Name / Address
Town of Wappinger Falls
20 Middlebush Road
Wappinger Falls, NY 12590
Joseph Cavaccini
Estimate
Date
Estimate #
6/21/2018
5139
Page 1
Project
Description
Qty
Rate
Total
Community Freestanding Signs
DOUBLE SIDED FREESTANDING SIGN. PRICE IS FOR EACH
1
1,450.00
1,450.00
SIGN
-----------------------------------------------------------------
Fabrication and installation of (1) double sided freestanding sign.
(per customer spec)
Main Sign shall be 1/2" Thick PVC Board with a welded Frame
support bracket. Sign to be Painted to customers color specification
and vinyl lettering to be applied first surface. The Town of
Wappinger Seal shall be digitally printed and applied first surface.
Sign to be installed on (2) 3" by 3" Square Steel Poles that will be
set in concrete below grade. On top of the Poles shall be a
fabricated aluminum cap and HDU finial ball. Price includes
normal installation and the area surrounding the sign shall be neatly
raked with excess stone and dirt to remain.
Size: Main 5ft wide by 32"tall. 8ft to top of sign to ground
Smaller Rider Panel Size: 5ft by 9" tall
Thank you
Subtotal
Sales Tax (8.125%)
Total
Page 1
SIGN LANGUAGE, INC.
44 Noxon Road, Suite#4
Poughkeepsie, NY 12603
Ph: 845.471.3800
Name / Address
Town of Wappinger Falls
20 Middlebush Road
Wappinger Falls, NY 12590
Joseph Cavaccini
Estimate
Date
Estimate #
6/21/2018
5139
Page 2
Project
Description
Qty
Rate
Total
SINGLE SIDED FREESTANDING SIGN. PRICE IS FOR EACH
1
1,200.00
1,200.00
SIGN
-----------------------------------------------------------------
Fabrication and installation of (1) single sided freestanding sign.
(per customer Spec)
Main Sign shall be 1/2" Thick PVC Board with a welded Frame
support bracket. Sign to be Painted to customers color specification
and vinyl lettering to be applied first surface. The Town of
Wappinger Seal shall be digitally printed and applied first surface.
Sign to be installed on (2) 3" by 3" Square Steel Poles that will be
set in concrete below grade. On top of the Poles shall be a
fabricated aluminum cap and HDU finial ball. Price includes
normal installation and the area surrounding the sign shall be neatly
raked with excess stone and dirt to remain.
Size: Main 5ft wide by 32"tall. 8ft to top of sign to ground
Smaller Rider Panel Size: 5ft by 9" tall
Thank you
Subtotal $2,650.00
Sales Tax (8.125%) $0.00
Total $2,650.00
Page 2
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Cat. No. 10231X Form W-9 (Rev. 10-2007)
Packet Pg. 17
MARCUS J. MOLINARO
COUNTY EXECUTIVE
To: Supervisor Thurston
From: Chris Barclay, Director
OFFICE OF CENTRAL AND INFORMATION SERVICES
DIVISION OF CENTRAL SERVICES
MEMORANDUM
Re: Shared Services County Procurement Specialist
Date: June 4, 2018
GLENN R. MARCHI, PHA
COMMISSIONER
CHRISTOPHER G. BARCL
DIRECTOR
In 2017, the Governor and members of the State Legislature enacted a state budget including a provision that
mandated the County Executive lead a panel comprised of all city, town and village executives in the creation of a
county wide shared services property tax savings plan.
During the course of 2017, the panel, lead by the County Executive, formulated a plan that represented the hard
work and dedication of all our municipalities and participating school districts to save tax payer dollars by
reducing costs.
One of the projects that was included in the plan was for the utilization of a County Procurement Specialist. The
project includes the purchase of County provided procurement assistance by municipalities. Attached is a full list
of assistance that would be provided to a municipality as well as the applicable rates.
As the project was developed, municipalities determined that there would be administrative cost savings with
avoiding workloads, such as: the creation of bids, RFPS and quote documents/specifications, moderating the bid
process, evaluating bid/RFP/quote responses and the tabulation of results. There could also be significant
savings in cooperative purchasing agreements and piggybacking off other municipal and state contracts.
During the formation of this project, the Town of Wappinger did not respond to our initial request for interest
We would like to once again offer you the opportunity to participate.
Attached for your review is Exhibit A, the sample shared services agreement that includes the cost of $60.00 per
hour. Also attached, is Exhibit B that includes further details of the Procurement Specialist Services. Please let
me know by June 22, 2018 if you are interested in participating.
Feel free to contact me with any questions you may have by e-mail or at 845-486-3655.
Thank you.
27 High Street, Poughkeepsie, New York, 12601 • (845) 486-3670 • Fax (845) 486-3659
www.dutchessny.gov
Exhibit "A"
AGREEMENT
THIS AGREEMENT, made this day of 1 , 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
? , a municipal corporation, whose address is ? (hereinafter referred to as the " ").
WITNESSETH:
WHEREAS, Section 3.01(g) of the Dutchess County Administrative Code permits the
County Executive, or his designee, to "upon the request of any city, town, village, school district
or other unit of local government, provide central purchasing services for all or part of its
purchases, upon such conditions as may be prescribed by the County Legislature", and
WHEREAS, by Resolution No. 2016290, the Dutchess County Legislature authorized the
County Executive, or his designee, to enter into a shared services contract with any city, town,
village, school district or other unit of local government who requested that the County assist it
with certain central purchasing services, and
WHEREAS, by Resolution No. 2016290, the Dutchess County Legislature has prescribed
conditions under which Dutchess County can provide central purchasing services to other units of
local government, in that Dutchess County is permitted to: (1) write and prepare request for bids e
and proposals, (2) post prepared requests for bids and proposals in newspapers on the internet, and
(3) evaluate vendors' bids and proposals to assure they meet specifications, and
�o
r
WHEREAS, the (UNIT OF LOCAL GOVERNMENT) has requested that the County of N
Dutchess assist it with central purchasing services, and Uj
WHEREAS, General Municipal Law Section 119-o authorizes municipal corporations and
districts to enter into agreements for the performance among themselves or one for the other of
their respective functions, powers and duties on a contract basis, and
WHEREAS, General Municipal Law §119-n defines "municipal corporation" as a county
outside the City of New York, a town, a village, a board of cooperative educational services, fire
district, or a school district, and defines a "municipal district" as a county or town improvement
district, among other things, and
WHEREAS, this Agreement is intended to be used for municipal corporations and
municipal districts who have requested assistance from the County with central purchasing
services,
NOW, therefore, it is mutually agreed by and between the parties hereto as follows:
File No. G -0191-B
1. SCOPE OF SERVICES. The County agrees to furnish (UNIT OF LOCAL
GOVERNMENT) with central purchasing services as follows (Check one or more):
(1) assist in the writing and preparation of request for bids and proposals,
(2) post prepared requests for bids and proposals in newspapers on the internet, and
(3) assist in the evaluation of vendors' bids and proposals to assure they meet specifications
2. TERM OF AGREEMENT. This Agreement shall be effective , 20
and shall terminate on , 20 , unless otherwise terminated as set forth herein.
3. PAYMENT. As full and complete consideration for the services so rendered, the
Municipality agrees to pay the County $60.00 an hour.
4. LIABILITY.
(a) County: The County shall assume liability for, defend against, and secure the (UNIT OF
LOCAL GOVERNMENT) from all cost or damages for injury to persons or property, or
death, caused by the negligent acts of any employees of the County. The County maintains
general liability insurance and shall name the (UNIT OF LOCAL GOVERNMENT) as
additional insured on such policies for the services provided under this Agreement.
(b) The (UNIT OF LOCAL GOVERNMENT) shall assume liability for, defend against, and
exempt the County from all costs or damages for injury to persons or property, or death,
caused by the negligent acts of the (UNIT OF LOCAL GOVERNMENT), its employees,
servants or agents arising out of the performance of this Agreement..
5. PERSONNEL.
ao
(a) Employee Status: For purposes of this Agreement only, all persons employed by the N
County in providing central purchasing services to the (UNIT OF LOCAL w
GOVERNMENT) shall be County officers or employees, and they shall not have any
benefit, status or right of (UNIT OF LOCAL GOVERNMENT) employment.
(b) Payment: The (UNIT OF LOCAL GOVERNMENT) shall not be liable for the direct E
payments of salaries, wages or other compensation to County officers or employees a
providing central purchasing services to the (UNIT OF LOCAL GOVERNMENT) under Q
this Agreement.
(c) All County employees performing services under this Agreement shall be deemed 2
employees of the County for purposes of the Workers' Compensation Law and the (UNIT
OF LOCAL GOVERNMENT) shall not be responsible for the payment of any benefits
a�
thereunder.
6. NON -ASSIGNMENT. (a) This Agreement may not be assigned by the (UNIT OF
LOCAL GOVERNMENT) nor its right, title or interest therein assigned, transferred, conveyed,
sublet or disposed of without the previous written consent of the County.
G -0191-B 2
7. TERMINATION. (a) Without cause. The County may terminate this Agreement
upon ten (10) days' prior written notice to the (UNIT OF LOCAL GOVERNMENT) of its intent
to terminate without cause.
(b) With cause. The County may terminate this Agreement effective immediately, with
subsequent written notice to be given to the (UNIT OF LOCAL GOVERNMENT) of termination
with cause.
8. NON -WAIVER. Failure of either party to exercise any rights under this Agreement
for a breach thereof shall not be deemed a waiver thereof or a waiver of any subsequent breach.
9. SEVERABILITY. If any provision of this Agreement shall be held unenforceable,
the rest of the Agreement shall nevertheless remain in full force and effect.
10. CHOICE OF LAW, VENUE. Any dispute arising directly or indirectly out of this
Agreement shall be determined pursuant to the laws of the State of New York. The parties hereby
choose the New York State Supreme Court, Dutchess County as the forum for any such dispute.
11. NO ARBITRATION. Disputes involving this contract, including the breach or
alleged breach thereof, may not be submitted to binding arbitration but must instead be heard in
accordance with the Paragraph above entitled "Choice of Law, Venue".
12. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original and shall constitute the same Agreement.
13. RULES OF CONSTRUCTION. This contract shall be deemed to have been
mutually prepared by the parties hereto and shall not be construed against any of them solely by
reason of authorship.
14. ENTIRE AGREEMENT. The terms of this Agreement, including its
attachments and exhibits, represent the final intent of the parties. Any modification, rescission or
waiver of the terms of this Agreement must be in writing and executed and acknowledged by the
parties with the same formalities accorded this basic Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day of , 20
APPROVED AS TO FORM:
G -0191-B
ACCEPTED: COUNTY OF DUTCHESS
n
T
County Attorney's Office
APPROVED AS TO CONTENT:
G -0191-B 4
mm
Marcus J. Molinaro
County Executive
(UNIT OF LOCAL GOVERNMENT)
Print Name
Title
n
T
Exhibit B
County Procurement Specialist
Project Description:
Provide procurement assistance to municipalities as follows:
• Assist in the development of bid specifications
• Provide professional opinion and research related to bid proposals
• Single point of contact for all related questions regarding bids
• Post all bids on the Empire State Purchasing Group web portal through BidNet
• Post all addenda and questions regarding bids
• Provide information as to the number downloads etc.
• Bid proposals would be opened by the municipality
• Provide assistance in reviewing the bid responses and the tabulation of results
• Municipality would make the award.
• Provide guidance and assistance during the RFP evaluation phase
• Provide the evaluation criteria spreadsheet for RFP's
• Act as a coordinator for the opportunity to conduct cooperative purchasing.
• Contact municipalities as to the availability to participate in County cooperative purchasing
opportunities. This will provide increased savings for commodities and services due to bulk
purchasing.
• Coordinate cooperative purchasing opportunities among the municipalities.
• Assist in research regarding the opportunity to piggyback off other municipal bids and RFP's
providing administrative savings
• Provide advice and assistance as to the opportunity to purchase off State Contract.
**bids also refers to Request for Proposals & Quotes
Additionally, municipalities will be given the opportunity to participate in the County auctions
at no cost to the municipality.
Project Cost is $60 per Hour
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TOWN JUSTICE
HEATHER L. KITCHEN
June 7", 2018
JUSTICE COURT
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-6070 - (845) 297-0145
FAX: (845) 297-0145
COURT HOURS:
Tuesday 5:30 PM.
2nd and 4th Wednesdays 5:30 RM,
1st and 3rd Thursdays 5:30 P.M.
Supervisor Thurston and Members of the Town Board
Town Hall
20 Middlebush Rd.
Wappingers Falls, NY 12590
Dear Supervisor Thurston and Members of the Town Board:
TOWN JUSTICE
CARL S. WOLFSON
The following cases were disposed of while I presided over the Justice Court during, the month of
May 2018:
305 Vehicle & Traffic Law matters resulting in $29,826.00 collected in fines and fees.
16 Penal Law matters resulting in $765.00 collected in fines and fees.
18 Civil matters resulting in $190.50 collected in fees,
28 Termination of Suspension matters resulting in $2,765.00 collected in fees.
2 Town Ordinance matter resulting in $25.00 collected in fines
I Environmental Conservation Law matter resulting in $210.00 collected in fines and fees.
I DNA Law matter resulting in $50.00 collected in fees.
I Criminal Procedure Law matter resulting in $0.00 collected in fines and fees,
I Alcohol Beverage Control Law matter resulting in $0.00 collected in fines.
I Bail Poundage matter resulting in $15.00 in fees.
I have forwarded a check in the amount of $33,846.50 to the Town of Wappin r 01-3
June I" 2018, Additionally, I am holding $23,100.00 in pending bail.
L.
F J VV [i
,JUN 0 8 2018
TOWN OF WAPPINGER
FOWN CLERK
Respectfully s mi ,
Heather L. c c
Tovm Justice
cc: Joseph 1' oloni, Town Clerk
NEW YORK s,rATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DMMon of Materials Management
625 &oeidwny, Albemy, Now York 12233,7250
P: (518) 402-8651 B F: (518) 402-9024
vivqw dec ny gov
LEMEMM-0
Town of Wappinger
20 Middlebush Rd
Wappinger Falls, NY 12590
Re: Clean Water Infrastructure Act of 2017
Inactive Solid Waste Site: Castle Point Landfill
Located at: River Road, Wappinger, NY
Dear Property Owner:
The Clean Water Infrastructure Act of 2017 (the Act), authorizes the Department of
Environmental Conservation (DEC) to enter solid waste sites for the purpose of preliminary
investigation, mitigation and remediation (Article 27, Title 12 of the Environmental Conservation
Law (ECL)). The Act requires the DEC provide a notice to the owner of a solid waste site prior to
conducting a preliminary investigation to determine if a solid waste site is causing or
substantially contributing to imminent or documented drinking water source contamination.
Pursuant to the provisions of Title 12 of Article 27, please be advised that DEC staff and/or its
contractor, Parsons Corporation, will conduct a preliminary evaluation for the purpose of
verifying current conditions. As a result, Parsons Corporation will soon contact you to arrange
for a mutually agreeable date to conduct a site inspection. Parsons is a contractor working for
DEC and is authorized to conduct the inspection.
During the site inspection you can expect that DEC staff and/or Parsons' personnel will walk the
property, take photographs, confirm GPS coordinates and document conditions. If you desire,
you may accompany us during this inspection. No sampling will take place at this time, but may
be requested at a later date.
Thank you in advance for your cooperation. Please contact me if you have any questions.
Sincerely,
Susan Lasdin Momberger, P.E.
Environmental Engineer 2, Division of Materials Management ���
Cc rr,
Tel- 518-402-8678
sue,lasdin-momberger@dec,ny.gov J U N 11 2C 1'
TOWN OF WA' PINGER
TOW ' r -RK
eons ry+avuua�rr EW YORK Departrnent ol
EnvironmentA
Conservation
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JUN 2 12018
TOWN OF WIAPPINGER
TOIN, N rrj
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MAY 2018 - REALTY Owl
MONTHLY TAX REPORT
A
B
C,
D E F
G H
2
RECEIVER OF TAXES
................
3
4
Beginning Balance
$
307,579.017
5
May Receipts
$303,363_61
j...
,
6
Interest
...
$
... ...... ............. ....
24.60
........ . .
Misc.
-7
8
Disbursements
$
(353,702,93)
9
Returned Checks
10
Misc.
$
2.72
check 1768 pending
11
Ending Balance
$
257,267.07
12
... .. ......... . ...
13
14
�Submitted by:
0
15
........ .... . . . ......
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16
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17
Lee Anne Frena, Receiver of Taxes
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JUN 2 12018
TOWN OF WIAPPINGER
TOIN, N rrj
, � , _, F RK1
MAY 2018 - REALTY
MONTLY TAX RECEIPTS
A
B
C
D
E F G H
1
�
i
2
DATE
AMOUNT
BATCH # 1TAX
PENALTY MEMO JOVR,/DUP
3
RECEIVED
FEE PAYMENT
JMNTEREST
4
5/4/2018
$_
46,619.03 j
79i $
45,698.00 $
916.03 $ 5.00
5
5/9/2018
$
9,665,70
81 $
9,476.18 $
189.52
6
5/17/2018
$
39,382.27
80 $
38,610.03 $
772.24
7
5/22/2018
$
82 corporate
payments to
DCCF see reports
8
5/22/2018
$
44,381.59
83 $
43,507.44
$
874.15
9
5/24/2018
$
_
29,609.12
_ ....._ ..... _..
84 $
__.__...-.._..—
29,028.54
..
$
_._.._.._
580.58
10
5/29/2018
$
.... ...-
59,847 58
-- .._..
86 $
58,674.08
$
_
1,173.50
11
5/31/2018f
$
.....
.. 73,858.32
.—
85 $
72,410.06 $
1,448.26 $ 24.60
_ _.
12
13
.....
TOTAL
� $
303,363.61 -
;
$
297,404.33 $
5,454.28' $ 5.00 $ 24.60
MAY 2.018 - REALTY
MONTHLY TAX DISBURSEMENTS
A
B
c
D E
F G H
2
DATE
AMOUNT
DCCF
�SUPER-
�OVR/DUP !'CHECK #
3
DISBURSED
VISOR
PAYMENT
4
. . .
5/10/2018
. ... . .. .. .. ... .... . .... . . .. . ...... . ..... ..
$ 2.72
2.72 1768
5
5/11/2018
$ 353,700.2-1
353,700.21
1769
6
7
.... ..... .. ...
TOTAL
353,702�9 3
353,700.21
2.72
REVOCABLE LICENSE AGREEMENT FOR USE OF EMERGENCY SERVICES BUILDING 2
TO PROVIDE AMBULANCE SERVICES U)
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THIS LICENSE AGREEMENT, made this day of June, 2018, by and between the o
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TOWN OF WAPPINGER v
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a municipal corporation with its offices located at
20 Middlebush Road, Wappingers Falls, New York, 12590,
(hereinafter referred to as the "TOWN")
and
EMPIRE STATE AMBULANCE CORP. d/b/a EMSTAR
a New York corporation
with its principal place of business located at
84 Route 59, Suite 102, Suffern, New York, 10901,
(hereinafter referred to as "LICENSEE")
WITNESSETH:
WHEREAS, LICENSEE is a corporation fully authorized to do business in the State of New York
and duly authorized and licensed by the State of New York to provide ambulance services in Dutchess
County; and
WHEREAS, LICENSEE provides ambulance and emergency health services to the Wappinger
Ambulance District; and
WHEREAS, LICENSEE, in order to provide the most efficient and effective ambulance and
emergency services, desires to base its ambulance service operations centrally within the Town; and
WHEREAS, the TOWN owns a building known as the Emergency Services Building centrally
located within the Town at 16 Middlebush Road in the Town of Wappinger, a portion of which was
occupied by the ambulance company that previously supplied ambulance services to the Town; and
WHEREAS, the TOWN has agreed to license a portion of the Emergency Services Building to
the LICENSEE in accordance with the terms set forth herein.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
herein contained, the parties hereby agree as follows:
1. RECITATION INCORPORATED.
The recitations above set forth are incorporated in this License Agreement as if fully set
forth and recited herein.
2. LICENSED PREMISES.
The TOWN licenses to the LICENSEE and the LICENSEE hires from the TOWN a
portion of the building known as the Emergency Services Building located at 16 Middlebush Road,
Town of Wappinger, Dutchess County, New York. The portion of the building to be licensed is
-1-
approximately 1218 square feet and includes two garage bays, one office, a bathroom, two closets and a
storage room, which is more particularly identified on Appendix "A" attached hereto and made a part
hereof (hereinafter referred to as the "Licensed Premises"). The LICENSEE shall use the Licensed w
Premises for its business of providing ambulance and paramedical emergency services to the Town of m
Wappinger. o
3. TERM.
A. The term of this License shall be effective July 1, 2018 and terminate on v
December 31, 2018, unless the Ambulance Service Agreement between the TOWN and LICENSEE is
either sooner terminated or renewed by the parties. It is expressly understood that this License
Agreement is intended to run concurrently and be co -terminus with the renewal or termination of the
Ambulance Service Agreement. Q
4. RENT. 0
A. The parties herein acknowledge and agree that the reserved rent for the Licensed M
Premises shall be the entire sum of $17,661.00 per annum, prorated from the commencement date, for
the initial license term. All payments are to be made by LICENSEE in equal monthly installments of
$1,471.75 in advance on the first day of each and every calendar month, solely for the convenience of w
the LICENSEE, except the first and last installments, which shall be paid upon the execution of this
License Agreement.
B. All payments shall be made by LICENSEE thereafter in strict accordance with the
terms of this License Agreement.
5. RENEWAL.
Provided the LICENSEE is not in default of any of the terms of this License and/or the
Ambulance Service Agreement, the License may be renewed. LICENSEE shall provide written notice of
intent to renew the License at least ninety (90) days prior to the expiration of the License term. The rent
for any additional License term shall be agreed upon by the TOWN and LICENSEE at least forty-five
(45) days prior to the expiration of the License term, taking into account any and all market conditions
existing at that time. It is further intended by both the TOWN and the LICENSEE that any renewal of
this License will also run concurrently and be co -terminus with the Ambulance Service Agreement.
6. HOLDOVER.
Any holdover after the expiration of the said term of any extensions thereof shall be
construed to be a month to month License and shall otherwise be on the terms and conditions herein
specified, as far as applicable.
7. DEFAULT.
A. If after the commencement of the term of this License, LICENSEE shall default in
fulfilling any of the covenants of this License, other than the covenants for the payment of rent or
"additional rent", any of the covenants of the Ambulance Service Agreement, or if the demised premises
become vacant or deserted, the TOWN may give to the LICENSEE twenty (20) days' notice of intention
to end the term of this License, and thereupon at the expiration of said twenty (20) days' (if said
condition which was the basis of said notice shall continue to exist), the term under this License shall
expire as fully and completely as if that day were the date herein definitely fixed for the expiration of the
term. The LICENSEE will then quit and surrender the demised premises to the TOWN, but the
LICENSEE shall remain liable as provided herein.
B. In the event of nonpayment of any rent or additional rent, the TOWN hereby
reserves and retains all rights, privileges and remedies available to the TOWN pursuant to Article 7
Summary Proceedings of the Real Property Actions & Proceedings Law of the State of New York,
-2-
including, but not limited to, the authority to serve a three (3) day notice to pay arrears or quit the 2
Licensed Premises. 0
C. In any legal action or arbitration proceeding, the prevailing party shall be entitled w
to recover all costs of such proceeding including attorneys' fees and costs of disbursements as additional m
rent. o
8. SET OFF.
A. In the event of non-payment of any rent or additional rent, the TOWN hereby v
reserves the right to deduct the rental arrears from the fees the TOWN is obligated to pay LICENSEE
for services pursuant to the Ambulance Service Agreement. Any reduction in the monthly payment by
the TOWN to LICENSEE under this clause will not be deemed a default of the TOWN'S obligations
under the Ambulance Service Agreement. Q
B. In the event the TOWN refuses or fails to make repairs or provide services for
which it is responsible under the terms and conditions of this License, the LICENSEE, except in case of 0
emergency, may upon ten (10) days' notice and reasonable opportunity to cure, at its sole option, make
such repairs or provide such services, deducting all the costs incurred thereby from the rental which is or
shall be owing the TOWN. w
9. MAINTENANCE OF BUILDINGS AND GROUNDS.
A. TOWN'S OBLIGATIONS.
1. The TOWN shall maintain and keep the roof and structural portions of the
Licensed Premises in operating order and condition. The TOWN shall also maintain the exterior of the
building, the adjoining grounds, sidewalks, curbs, parking area, landscaping and access roads, except for
plate glass/window glass cleaning. All repairs, replacements and renewals shall be at least equal in
quality of materials and workmanship as to those items present upon the date LICENSEE takes
possession, including any subsequent renovations and/or repairs made during the term of this License.
2. The TOWN shall provide snow plowing and ice removal only for the
access roads, sidewalks and parking areas.
3. The TOWN shall maintain and promptly make all necessary repairs and
replacements to the Licensed Premises, as and when necessary. Such obligation shall extend to the
repair and replacement of all items installed by TOWN, including any subsequent renovations and/or
repairs made during the term of this License as well as any plumbing, heating and electrical systems.
4. All said maintenance and repairs will be at TOWN'S own cost and
expense except those repairs required as a result of the LICENSEE or its invitees, employees, officers
and/or anyone under LICENSEE'S care, custody, control or supervision, which shall be the
responsibility of the LICENSEE.
B. LICENSEE'S OBLIGATIONS.
1. LICENSEE shall be responsible for maintaining a weekly cleaning service
for the Licensed Premises. LICENSEE will provide a copy of the contract for said cleaning service
within fourteen (14) days of signing this License Agreement. Failure to provide the contract will be
deemed a material breach of this License.
2. For all other repairs and/or maintenance, LICENSEE must notify the
Town Supervisor and the Buildings and Grounds Department in writing via email, letter or fax of any
requested repairs. Any damages caused by LICENSEE'S failure to timely notify the TOWN shall be the
responsibility of the LICENSEE.
C. ALTERATION. Any renovation or alteration to the demised premises by
LICENSEE is expressly prohibited without the express written consent of the TOWN, which consent
-3-
will not be unreasonably withheld. Such consent shall be in the form of a duly adopted Resolution of the 2
Town Board of the TOWN. U)
D. SURRENDER. At the end of the term, LICENSEE shall quit and surrender w
the Licensed Premises with all alterations, improvements, equipment and appurtenances in good order m
and condition. o
10. UTILITIES.
A. LICENSEE shall immediately apply directly to Central Hudson Gas & Electric to
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have the electric service placed in LICENSEE'S name on or before date of taking occupancy.
Thereafter, LICENSEE will be responsible for all of its electric usage per the metered readings.
B. TOWN will provide LICENSEE with drinking water via bottled water and/or
water cooler system.
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C. If, and when, the subject premises are serviced by a public water and/or sewer
system, LICENSEE agrees to pay, as additional rent, its share of operation and maintenance charges
only, as billed by the TOWN in accordance with its schedule of fees for Operation and Maintenance (O
& M) charges.
11. TELEPHONE, INTERNET AND CABLE SERVICES.
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LICENSEE shall be responsible for all telephone, internet and cable services during the
term of this License or any renewal period.
12. EXTERMINATING SERVICE.
The TOWN shall provide exterminating services for the demised premises without cost to
the LICENSEE on an as needed basis.
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13. COMPLIANCE.
A. The TOWN shall ensure that the Licensed Premises, and any subsequent
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construction and/or renovations undertaken by TOWN, will comply with all municipal, county, state and
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federal laws, rules and regulations, ordinances, orders and all rules, orders, ordinances or requirements
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of any governmental agency or body having jurisdiction thereof.
B. The LICENSEE further warrants and covenants that it will comply with all
municipal, county, state and federal laws, rules and regulations, ordinances, orders and all rules, order,
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ordinances or requirements regarding its operation as an ambulance service or its use of any materials,
products, medical devices, equipment and supplies used in connection with such business.
C. The LICENSEE warrants and covenants that it will occupy and use the Licensed
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Premises in accordance with all zoning laws, ordinances, codes, local laws, building codes and other
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municipal regulations affecting the Licensed Premises. LICENSEE further agrees to indemnify, save
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and hold harmless TOWN from any costs, expenses, fines, including legal fees and costs, incurred by
the TOWN by virtue of the failure of LICENSEE to comply with any of the aforementioned zoning
laws, ordinances, codes, local laws, building codes and other municipal regulations.
14. TOWN'S RIGHT OF ENTRY.
The LICENSEE shall permit the TOWN at all reasonable and proper times and on
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reasonable notice to enter the premises for the purposes of inspection; and suffer the TOWN to make
repairs and improvements to all parts of the building and to comply with all governmental orders and
requirements applicable to the building. The TOWN, in exercising its rights under this clause shall not
unreasonably interfere with the LICENSEE'S access, use and occupancy of the premises.
15. DESTRUCTION OF PREMISES.
If the demised premises are destroyed or so damaged by fire or the elements or any other
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cause so as to render the premises unfit for occupancy for the LICENSEE'S uses, the LICENSEE, may
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by notice in writing to the TOWN, such notice to be mailed by the LICENSEE within fifteen (15) days
-4-
from the happening of such destruction or damage, exercise an option to quit and surrender the premises 2
in which event the rent shall abate from the time of the destruction or damage until such time as the U)
premises have been reconstructed. w
16. CONDITION OF PREMISES. Q
m
The LICENSEE shall at the end of the term quit and surrender the Licensed Premises to 0
the TOWN in as good order and condition as when received and after any and all renovations by TOWN
are completed, with normal wear and tear and damage by the elements, including fire, excepted. The v
cost of repairing any damages to the Licensed Premises beyond normal wear and tear shall be paid by
the LICENSEE.
17. INDEMNIFICATION BY LICENSEE.
During the entire term of the License, the LICENSEE will indemnify, save and hold
harmless the TOWN from and against any and all claims, debts, demands, or obligations which may be
made against the TOWN or against his title in the premises, arising out of, or in connection with any
alleged act or omission of the LICENSEE or any person claiming under, by, or through the LICENSEE
in the use of the premises. If it becomes necessary for the TOWN to defend any action seeking to
impose any such liability, the LICENSEE will pay the TOWN all costs of court and reasonable
attorney's fees incurred by the TOWN in effecting such defense in addition to all other sums that the
TOWN may be called upon to pay by reason of the entry of a judgment against it in the litigation in
which such claim is asserted. This clause shall not apply to any conditions or events that existed prior to
LICENSEE occupying the subject premises.
18. INSURANCE.
A. At all times during the License Term, LICENSEE, at its own cost and expense,
shall keep in full force and effect the following policies:
1. Commercial General Liability Insurance policy or policies of standard
form in the State of New York, with combined single limit coverage of not less than One Million
($1,000,000.00) Dollars per occurrence and ($3,000,000.00) aggregate, including full contractual
liability;
2. Commercial Property Insurance policy covering all alterations made by
LICENSEE and all improvements; and all of LICENSEE'S property and other personalty from time to
time in, on or about the premises, in an amount not less than their full replacement cost (without
deduction for depreciation) from time to time during the term of this License. Such policies shall
provide for protection against any perils normally included within the classification of "Special Form"
and shall contain an endorsement covering: demolition and increased cost of construction. The proceeds
of such insurance shall be used for the repair or replacement of the property so incurred, except that
upon termination of this License following a casualty as set forth herein, the proceeds applicable to the
items described in the clause above shall be paid to LICENSEE;
3. Professional Liability Insurance policy or policies of standard form in the
State of New York, covering itself and each professional it employs or contracts with for the provision
of professional services, with limits of not less than One Million ($1,000,000.00) Dollars per occurrence
and Three Million ($3,000,000.00) aggregate;
4. Vehicle Liability Insurance policy required by the agreement shall be
written with a minimum coverage of $(1,000,000.00) per occurrence and One Million ($1,000,000.00)
aggregate;
5. Umbrella (Excess) Liability insurance policy with a combined single limit
coverage of not less than Five Million ($5,000,000.00);
-5-
6. Premises Pollution Liability insurance policy in the amount of One
Million ($1,000,000.00) Dollars;
7. Workers' Compensation insurance shall be kept in force in the amounts w
required by law (Form C105.2 or U26.3); and m
8. Disability Benefits insurance shall be kept in force in the amounts required o
by law (Form DB 120.1).
B. LICENSEE shall name the TOWN as an additional named insured on all v
insurance policies on a primary, non-contributory basis.
C. Insurance must be provided by a carrier with a rating no less than "A" as rated by
A.M. Best Co.
D. All liability insurance must be written on an occurrence basis.
E. The general aggregate shall apply on a per project basis.
F. Excess Liability coverage shall be on a follow form basis.
G. LICENSEE shall furnish the TOWN with satisfactory proof of all insurance
coverage required pursuant to this paragraph prior to LICENSEE'S occupancy of the premises.
H. Each policy shall provide that it may not be cancelled or modified except after
thirty (30) days prior written notice to TOWN.
L LICENSEE shall furnish TOWN with renewals or "binders" of each policy,
together with evidence of payment of the premium therefore, at least thirty (30) days prior to expiration.
J. Each policy of All Risk Coverage which LICENSEE obtains for the premises, and
which TOWN obtains for the building, shall include a clause or endorsement denying the insurer any
right of subrogation against the other party hereto to the extent that rights have been waived by the
insured party prior to the occurrence of injury or loss. LICENSEE waives any rights of recovery against
the TOWN for injury or loss due to hazards covered by its own insurance, to the extent of the injury or
loss covered thereby.
K. If LICENSEE fails to deliver copies of the insurance policies and evidence of
payment therefore, TOWN may, but shall not be obligated to, obtain the required insurance, and the cost
thereof, together with any administrative fees, shall be payable by LICENSEE to TOWN on demand as
additional rent. Nothing in this Article shall be deemed to be a waiver of any rights or remedies
available to TOWN under this License or at law or in equity if LICENSEE fails to obtain and deliver the
required insurance policies and evidence of payment.
18. NOTICE REQUIREMENTS. Any notice required or desired to be given or served by
any party hereunder, except as set forth in Section 9.13.2., shall be deemed to have been given or served
by such party when made in writing and mailed by certified or registered mail, postage pre -paid and
addressed as follows:
To the TOWN:
Town of Wappinger
Town Hall
20 Middlebush Road
Wappingers Falls, New York 12590
Attention: Supervisor
With a Copy to:
Stenger, Roberts, Davis & Diamond, LLP
1136 Route 9
-6-
Wappingers Falls, New York 12590
or its successor
To the LICENSEE:
EMStar
84 Route 59, Suite 102
Suffern, New York 10901
Attention: Robert J. Stuck, Chief Operating Officer
or at the address of the demised premises
as identified by the US Postal Service
Upon occupancy of the subject premises, notices to LICENSEE shall be given at the
address of the premises as identified by the U.S. Postal Service.
19. TRANSFER OF OWNERSHIP.
In case the demised premises or the building of which the same is a part shall be sold,
conveyed or transferred this License Agreement shall terminate.
20. BROKERAGE FEES.
The LICENSOR and LICENSEE each warrant that no person or selling agency has been
employed or retained to solicit or secure this License upon an agreement or understanding for a
commission, percentage, brokerage, contingent fee or other compensation excepting bona fide
employees or bona fide established commercial or selling agencies such as licensed Real Estate Brokers
or others duly authorized by law to engage in real estate transactions for compensation in the State of
New York and retained by the LICENSOR for the purpose of securing business.
21. MERGER CLAUSE.
It is understood and agreed by and between the parties hereto that no representations or
promises have been made in respect to the demised premises other than those contained herein except
those as may be contained in a rider attached to and made a part of this License.
22. LICENSOR'S INTEREST.
The LICENSOR represents that the demised premises above described are owned by the
LICENSOR in fee simple absolute.
23. NO DEVIATIONS.
It is understood and agreed by and between the parties hereto that the LICENSEE in
possession is not authorized to allow any deviations from the provisions of this License, including
substitutions for, or additions to, items of construction or alternations.
24. REMOVAL OF PERSONAL PROPERTY.
Any and all articles of Personal Property including, without limitations, business and
trade fixtures, machinery, equipment, furniture, movable partitions, carpeting, water coolers, radio or
television equipment, owned or installed by the LICENSEE at its sole expense are and shall remain the
property of the LICENSEE and may be removed by it at any time during the License term, Renewal,
extension or Holdover period. If such fixtures, machinery, equipment, furniture, movable partitions,
-7-
carpeting, water coolers, radio or television equipment are removed, the cost of repairing any damage to
the building arising from such removal shall be paid by LICENSEE.
25. SIGNS.
The LICENSEE may post and maintain such signs and notices as is reasonably required
to inform the public as to its location in the building and shall have a right to have its name and other
pertinent information on LICENSOR' S lobby directory board.
26. HEADINGS.
The headings as to contents of particular paragraphs herein are inserted only for
convenience, and are in no way to be construed as a part of this License or as a limitation of the scope of
the particular paragraphs to which they refer.
27. CONSENT.
The LICENSOR covenants that whenever the LICENSOR' S consent is required under
any of the provisions of this license such consent shall not be unreasonably withheld.
IN WITNESS WHEREOF, the parties hereto have caused this License to be executed in four
counterparts the day and year first written above.
TOWN OF WAPPINGER EMPIRE STATE AMBULANCE CORP. DBA
EMSTAR
BY: BY:
Richard L. Thurston Robert J. Stuck
Town Supervisor Chief Operating Officer
-8-
STATE OF NEW YORK )
) ss.:
COUNTY OF DUTCHESS )
On this day of , 2018, before me personally came Richard L. Thurston,
SUPERVISOR TO THE TOWN OF WAPPINGER, to me known to be the person who executed the
above instrument, who, being duly sworn by me, did for himself depose and say that he is the
Supervisor, that he executed the foregoing instrument in the name of the Town of Wappinger, and that
he had authority to sign the same, and that he did duly acknowledge to me that he executed the same as
the act and deed of the Town of Wappinger for the purposes mentioned therein.
Notary Public
STATE OF NEW YORK )
) ss.:
COUNTY OF DUTCHESS )
On this day of , 2018, before me personally came Robert J. Stuck of EMPIRE
STATE AMBULANCE CORP. DBA EMSTAR., to me known to be the person who executed the above
instrument, who, being duly sworn by me, did for himself depose and say that he is the Chief Operating
Officer, that he executed the foregoing instrument in the name of EMStar, and that he had authority to
sign the same, and that he did duly acknowledge to me that he executed the same as the act and deed of
EMStar for the purposes mentioned therein.
Notary Public
-9-
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TOWN OF WAPPINGER
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
Zoning Administrator Building Inspector
Offim 845-297-6257 office: 845-297-6256
Fax: 845-297-0579 Fax" 845-297-0579
www,to wnot wappinger,Us
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Date: June 41 2018 Project Account Number- 18-7637
Name of Projeft—M&C of Dutch ss Inc.
Grid Number--- 6157-04-720271
Location: 20 MacFar ane Road
pJL
�8L ap ig yrs Falls NY 12590
-
Date project received. December 20. 2017
Date final resolution signed by chairman- M(arch 27 2018
0 9 0
�/�
Total Escrow Deposlte& J!,Q �M Balance remaining:!! �
Reason for escrow return:
9" r _
Project completed with signed maps with the Planning Board / ZBA
Project withdrawn by applicant on (date)
L2project (Post Planning Escrow) completed with CO issued by building department on (date)
L]Road Escrow.- Project completed on (date)
A..
requested by:
Craig O'Donnell of Dutchess, Inc.
Print Name
Bea Ogunti, Planning Board Secretary:
Barbara Roberti, Zoning Administrator:
lil%l
—74 & �-�
Vincent Bettina, Highway Superintendent
Robert Gray, Town Engineer:
Amount to be returned.,
Verified. -
Fredrick Awino,
0 . . 1111
. . . . . .
to
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Town of Wappinger
20 MIDLEBUSH ROAD
WAPPINGER FALLS, NY 12590
PURCHASE ORDER & VOUCHER
Department.,
CLAMANT*S M & C of Dutchess, Inc. / Craig O'Donnell
NAMEAND P.O. Box 310
ADDRESS Hughsotwill e, NY 12537
it
Purchase
Order No.
DO NOT WRITE IN THIS BOX
Due on Receipt VENDORS
TERMS 11 - - 11111 ............ REFNO
DATES IN Quantity DESCRIPTION OF MATERIALS OR SERVICES UNIT PRICE
100,11)
02/01/18 1.00 Use r - Vaiance M&C of Dutchess, 1 —7
nc. - escrow deposit
7oning Board of Appeals
Appeal dict. 18-76 7
Craig O'Donnell
is true and corre(A'; thst the items, servioeS, and ftbursoments charpd were rendered tD
munidpWity Is exempted, am runt incl and that the
arnowA cWmed is aduaffy due
DA TE
DEPARTMENT APPROVAL
The above services or materials were rendered or
charges are correct
DATE AUTHORIZED OFFICIAL
that, the above account in ft earn wet of $ 3,000JX)
the dates stated; that no part has been patd or sabstedthat taxes, from which the
TITLE
APPROVAL FOR PAYMENT
DATE comp1prN I r -P
I Packet Pg. 42
b
ZONING BOARD OF APPEALS
SECRE-'.'TARY
Bea 0gunh - Ext 122
ZONING ADM1Nis'r1RA'r0fit
Barbara Roberti - Ext 128
ZONING BOARD OF APPEALS
20 WDUEBUSH ROAD
WAPPM.' 3ERS rAt.L.S, NY 12590
FIK 845-297-6256
IFaux 845-297-05'79
E-Mafl. bogunbatownofwappOgenua
s
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
RE- M&C of Dutchess, Inc.
20 MacFarlane Road
Wappingers Falls, NY 12590
N" l�* M-1
SUPERVISOR�
Dr, Richard L,Thurston
TOWN BOARD
Wflfiam H. We
Anqet as Beftina
IRobert A. Johnston
MichaeKumnicz
ZONING BOARD OF APPEALS
Howard Prager, ChMman
M Casella
Peter GWotfi
Torn DeHaCorte
Robert Haas
I am requesting the return of the escrow balance for the project, M&C of
Dutchess, Inc., Application No. 18-7637 in the amount of $3,000.00,
I
JPMc%rganC",-,.e v
JPMorgan Chase Bank, —X
Funds Transfer
P,O. Box 659732
San Antonio, TX 78265-9751
17+00972. 0 of B NSPUGF-or) Z I J504(607 CX)0f)f)uM=w
TOWN OF WAPPINGER
PLANNING/ZONING ESCROWS
20 MIDDLEBUSH RD
WAPPINGERS FALLS NY 12590-4004
ORIGINAL
ADVICE OF CREDIT
$3,000.00**�
BANK TO BANK INFORMATION
/TIME/09:16
Date 18/02/01 '
Our Ref.(TRN) NO. 1528009032FF
Please mention our Reference Na. (TRN) in any corresp
Orig�nator's Date 18/02/01
RePatedRef. Na. O/B MFRS BUF
RIESM
FAMEHIMMA:
•
HUGHSONVILLE NY 12537
ORDERING BANK
MANUFACTURERS AND TRADERS TRUST CO
GENERAL ACCOUNTING 6TH FLOOR
1 M&T PLAZA
BUFFALO NY 14203–
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Authonzed Signature
r Packet Pg. 44
ZONING Administrator
Barbara Roberti X 128
Zoning Board of Appeals
Secretary
Bea 0 -unci X 121
ZONING BOARD OF APPEALS
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APPLICAlu TIOIII IM N / ACCOUNT
SUP / SITE PLAN I SUBDIVISION FEES
POST PLAMNING FEES
TOWN SUPERVISOR
Dr. Richard L. Thurston to
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William H. Beale
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Robert A. Johnston
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Al Casella
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Peter Galotti
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PAID TO
2018
12/27/2018 fee paid
2/l/2018 Wire Transfer
4/9/2018 Roberts
5/10/2018 Roberts
FEE'S ESCROW
REC'D CAT. RECD $$$
500.00
3,000.00 3,000,00
774.00 2,226.00
720,00 1,506.00
ii, IT F-1#4 , ! �Wlnser - L Ot Appeals
20 Middlebush Road
Wappingers Falls, NY. 12590-0324
M&C of Dutchess, Inc.
App. No. 18-7637
03/27/2018 Composing e-mail to Neil Alexander.
Review file, Draft ZBA decision,
Drafting/Editing Negative Declaration,
Attend ZBA Meeting,
James P. Horan
Total Current Work
Recapitulation
Hours
4.30
0
P� 0 1
April 06 oa 18
Client No: 12950-11 2 VV
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INVOICE NO, 0
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010
0
0.20
2.80
0,40
0,80
4.30
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4,30
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Town of Wappinger -:Zoning Board of Appeals
20 Middlebush Road
Wappingers Falls, NY. 12590-0324
At!tnRchard L 'Thurston
M&C of Dutchess, Inc.
App, No, '18-7637
Previous Balance
04/10/2018 Appearance at ZBA Meeting to discuss.
Review draft of resolution,
04/19/2018 Receive and review email from N. Alexander,
04/23/2018 Receive, review and respond to ernail from Neil Alexander.
Receive, review and respond to emails re EAF from Z Secretary,
04/24/2018 Attend ZETA Meeting,
Edit resolution of approval. Draft emaifs,
Miscellaneous file administration - review and respond to various emai4s
Research on weight specifications for construction equipment,
James P. Horan
For Current Services Rendered
Total Current Work
Recapitulation
Hollwsl
4.00
0
Page: 6
IMV i a 1100, 201
Client No: 12950-1180TV -
0
INVOICE NO. U-
3:
0
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LL
Rate T0otal 0
$180,00 $720,00
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720.0
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5774.0 A$
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0
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0,20
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0,30
0.30
0.70
0,70
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4,00
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4.00
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720.0
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Rate T0otal 0
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720.0
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Town of, Wappinger - Zoning Board of Appeals
M&C of Dutchess, hic.
App. No. 18-7637
Application for Use Variance
FOR YOUR CONVENIENCE, WE ACCEPT CREDIT CARD PAYMENTS
PAYMENT DUE UPON RECEIPT
Page:,
MLI aj100, 2 0 1
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Client No: 12950-11806
INVOICE NO
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