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2018-09-24Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, September 24, 2018 7:30 PM Town Hall Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM Angela Bettina Town of Wappinger Councilwoman Present 7:30 PM Robert Johnston Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Grace Robinson Town of Wappinger Deputy Town Clerk Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM Jim Horan Consultant Attorney Present 7:30 PM Vincent Bettina Town of Wappinger Highway Present 7:30 PM Salute to the Flag Adoption of Agenda 1. Motion To: Adopt the Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz IV. Accept Minutes 1. Motion To: Acknowledge August 6, 2018 Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Acknowledge September 5, 2018 Minutes Town of Wappinger Page I Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Johnston, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 3. Motion To: Acknowledge September 10, 2018 Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz V. 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 VI. Discussion 1. Public Sector Human Resource Consultants - Angela Bettina Ian from Public Sector Human Resource Consultant addressed the board to discuss outsourced HR services. They would fortify policies and procedures. They would be available by telephone or email. They would be onsite by call from the town. They would represent employees for unemployment issues. The rate would be depend on the `on-site' days. Their expertise is with unions and civil service. They would work for the town board and work with department heads. Attorney Horan would investigate if RFPs are necessary for hiring Public Sector Human Resource Consultant. Ian's spent his career with these consultants. He has an MBA. They represent hundreds of organizations doing basically project work. Ian will put together a proposal for projects, duties, and retainers. Town of Wappinger Page 2 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 2. Senior Citizen Non Profit Board - Director Fulton Director Fulton explained that some senior activities cannot be paid for with town funds and introduced The board consists of Frank, Rose, Sue Dorler and Connie Smith the president of the new board. She proposed dues of $25 per year paid in January versus the original $35. She also proposed lowering the age limit to 55 years old. Attorney Horan promised to look at the legality and providing guidelines. He saw that it would be OK to charge fees as long as it was not a requirement of joining the senior center. The board agreed with 55 year age and the fees. 3. Motion To: Hire Christopher Soy as Basketball Instructor - Director Fulton Director Fulton introduced Christopher Sov to be hired at the rate specified in the RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 4. Motion To: Interview Attorney Consultants under RFP on October 1st and Engineer Consultants under RFP at the October 15th meeting The board set October 1st for Attorneys and October 15th as the date for the ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... .............. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 5. Funds Be Provided for the Hiring of Two Additional Mechanical Equipment Operators (MEOs) - Highway Highway Superintendent Bettina informed that one Mechanical Equipment Operator (MEOs) has retired. He asked for two (2) more employees. He also addressed striping of roads and the fact that stripers come in for multiple roads at a time and have been limited due to the multiple incident of rain this season. 6. Contract Negotiations with the Teamsters Will be discussed under Executive Session. VII. Resolutions RESOLUTION: 2018-215 Authorizing Refund Of Unused Escrow Alexey Nechaev Subdivision (Account 16-5180 & 17-6058PP) WHEREAS, on or about October 17, 2016, Alexey Nechaev (hereinafter the Town of Wappinger Page 3 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 "Applicant") filed an application for Subdivision Approval under Application Numbers 16- 5180 and 17-6058PP; and WHEREAS, total escrow deposits in the amount of Six Thousand Six Hundred Fifty 00/100 Dollars ($6,650.00) 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 Thirty -Three 00/100 Dollars ($1,033.00) in escrow account numbers 16-5180 and 17-6058PP 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 Alexey Nechaev, in the amount of One Thousand Thirty -Three 00/100 Dollars ($1,033.00) from escrow account numbers 16-5180 and 17-6058PP, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-215 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter D ❑ ❑ ....... ❑ ❑ Defeated William H. Beale ...................... Voter... . ....... .... D....... ...... . ...... ❑..................❑ . ......❑ ............... ❑ Tabled Angela Bettina Voter D ❑ ❑ ❑ ❑ Withdrawn Robert Johnston Seconder ............ 0 ....... Elo ...... ...... 0 ..... Michael Kuzmicz Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-216 Resolution Authorizing Return Of Escrow Deposited To Insure Proper Driveway Stabilization For 48 Padasana Court WHEREAS, on or about November 27, 2017, Dilello LLC, posted Three Thousand Dollars ($3,000.00) to be held in escrow with the Town of Wappinger to insure the satisfactory installation of a driveway, including stabilization, for the property located at 48 Padasana Court; and WHEREAS, Robert J. Gray, P.E., Engineer to the Town, has confirmed that the work for which the escrow was established has been satisfactorily completed. 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 of escrow in the amount of Three Thousand Dollars ($3,000.00) to Dilello LLC. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 4 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 Vote Record - Resolution RES -2018-216 Yes/Aye No/Nay.. Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard ThurstonVoter Voter ...Seconder 0 El ElElDefeated ❑ DefeatedWilliam William H. Beale ................... Voter ....,....... ..... D ......,...... ....... ❑ ..... ❑ .... ....... ..... ❑..... ....... .. ❑ Tabled ftelaBettina Voter D ❑ ❑ ❑ ❑ Withdrawn RobertJohnston Seconder .............D........,........❑........,........❑........,.......❑..... D ❑ ❑ ❑ MichaelKuzmicz Mover Dated: Wappingers Falls, New York September 24, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-213 Resolution Setting Public Hearing On Cable Franchise Renewal Agreement Between The Town Of Wappinger And Cablevision Of Wappingers Falls, Inc WHEREAS, the New York State Public Service Commission issued an order on October 22, 2007 in Case No. 03-V-1133 Application of Cablevision of Wappingers Falls, Inc. d/b/a Cablevision Systems Corporation for Approval of the Renewal of its Cable Television Franchise for the Town of Wappinger (Dutchess County) approving the Cablevision Cable Franchise Agreement with the Town for a ten-year term expiring on October 21, 2017; and WHEREAS, Cablevision of Wappingers Falls, Inc. submitted a proposed franchise renewal agreement to continue to operate a cable television system within the Town of Wappinger a copy of which is attached hereto as Exhibit "1"; and WHEREAS, prior to entering into a renewal of the cable franchise agreement, the Town Board is required to conduct a Public Hearing thereon; and WHEREAS, the Town Board determines that the renewal of the cable franchise agreement is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED, The Town Board hereby schedules a Public Hearing on the francise renewal agreement with Cablevision of Wappingers Falls, Inc. to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 91' day of October, 2018 at 7:30 p.m., and the Town Clerk is directed to post the Notice of Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-213 Yes/Aye.. No/Nay.. Abstain.. Absent.. D Adopted El Adopted as Amended Richard Thurston Voter ...Seconder 0 El❑ ❑ ❑ DefeatedWilliam H. Beale ............... ................ ......0..... ❑ ❑ ❑ El Tabled fteiaBettina Voter D ❑ ❑ ❑ El Withdrawn Robert Johnston Voter .............D........,........❑........,........❑........,.......❑..... 0 ❑ ❑ ❑ MichaelKuzmicz Mover Dated: Wappingers Falls, New York Town of Wappinger Page 5 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 September 24, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-217 Resolution Authorizing Change Order No. 2 For The Emergency Services Building Renovation Project HVAC Construction Contract No. 17-003H WHEREAS, by Resolution 2017-165 adopted by the Town Board on October 10, 2017, the Town Board awarded a bid to DJ Heating & Air Conditioning, Inc. (HVAC Construction Contract) in the amount of $779,130.00 for renovations to be made to the Emergency Services Building; and WHEREAS, the Town Board previously approved Change Order No. 1 to the aforementioned contract, which decreased the contract sum in the amount of $10,131.00, which resulted in a revised contract sum in the amount of $768,999.00; and WHEREAS, the Engineers to the Town, Morris Associates Engineering & Surveying Consultants, PLLC, by email dated September 7, 2018, have approved Change Order No. 2, a copy of which is attached hereto, resulting in a new contract price of $774,758.00. 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. The Town Board hereby approves Change Order No. 2, which increases the total contract price by the amount of $5,759.00, resulting in a new contract price of $774,758.00, a copy of which Change Order is attached hereto. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-217 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston Voter 0 ❑ ❑ El lDefeated William H. Beale Mover D ❑ ❑ ❑ ❑ Tabled AnelaBettina Voter 0 ❑ ❑ ❑ ❑ WithdrawnRobert Johnston ...................... Voter ... ,....... D .... ❑ ......,...... ❑ ..................................❑ ... ae Michl Kuzmicz seco nder D ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-218 Granting Permission For The Town To Apply For A Justice Court Assistance Program (JCAP) Grant WHEREAS, the Town of Wappinger Justice Court is eligible for a grant from the State of New York Unified Court System through the Justice Court Assistance Program; and Town of Wappinger Page 6 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 WHEREAS, Town of Wappinger Justices, Carl S. Wolfson and Heather L. Kitchen, and Justice Court Chief Clerk, Cheryl Hait, have recommended an application for such grant be made; and WHEREAS, Town Justices, Carl S. Wolfson and Heather L. Kitchen, and Justice Court Chief Clerk, Cheryl Hait have prepared an application to the Justice Court Assistance Program Grant in the form attached hereto; and WHEREAS, the application is required to be submitted to the New York State Office of Court Administration by October 11, 2018. 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 authorizes an application to be made on behalf of the Town of Wappinger Justice Court pursuant to the Justice Court Assistance Program for a Grant as set forth in the copy of the attached application for said Grant. The Town Board hereby authorizes said application to be signed by Supervisor Richard L. Thurston as well as Town Justices Carl S. Wolfson and Heather L. Kitchen, by and on behalf of the Town of Wappinger Justice Court, and further authorizes Justice Court Chief Clerk Cheryl Hait to submit the application to the New York State Office of Court Administration to comply with the October 11, 2018 submission date. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-218 Yes/Aye No/Nay Abstain Absent ❑ Adopted Richard Thurston..................El..... ❑..... ........................................ ❑ ..... ❑ ...... ❑ Adopted as Amended William H. Beale ❑ ❑ ❑ ❑ ❑ Defeated .................. ❑ Tabled Angela Bettina ❑ ❑ ❑ ❑ 0 Withdrawn Robert Johnston ❑ ❑ ❑ ❑ MichaelKuzmicz ❑....................❑ ........,.........❑ .........,........❑ ...... Dated: Wappingers Falls, New York September 24, 2018 The Resolution is hereby duly declared Withdrawn. RESOLUTION: 2018-219 Resolution Authorizing Payment To New York Communications Company, Inc. (Nycomco) For It Services In Connection With The Emergency Services Building Renovations WHEREAS, the renovations in the New York State Police (NYSP) Tenant Space in the Emergency Services Building required the moving of State Police IT equipment, which contains confidential information of a sensitive nature; and WHEREAS, to ensure that the security of the NYSP IT equipment was not compromised, the NYSP required specialists to perform the required moving of the IT equipment; and WHEREAS, the Town agreed to pay the costs of the IT equipment relocation services; and Town of Wappinger Page 7 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 WHEREAS, the NYSP has provided to the Town an invoice from New York Communications Company, Inc. (NYCOMCO) for the work that was performed and acknowledge that the work was in fact performed. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the payment of $5,413.00 to NYCOMCO with respect to the attached invoice, said payment being made from the capital account established for the renovations of the Emergency Services Building. BE IT FURTHER RESOLVED, that the Town Clerk is directed to forward a certified copy of this resolution to the New York State Police. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-219 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston ................ Voter D ❑ ❑ ❑ El Defeated William H. Beale Mover 0 ❑ ❑ ❑ ❑ Tabled AnelaBettina Voter 0 ❑ ❑ ❑ ❑ WithdrawnRobert Johnston Seconder 0 El ❑ ❑ ae Michl Kuzmicz .Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-220 Resolution Accepting Rezoning Petition Of Red Cedar Arborist, Inc. WHEREAS, Red Cedar Arborist Inc. owns a 3.396 -acre parcel of improved real property located at 185 New Hackensack Road in the Town of Wappinger, County of Dutchess having a Tax Id Number 6158-02-999951; and WHEREAS, Reed Swenson. owns an 8.5 -acre parcel of vacant real property located on New Hackensack Road in the Town of Wappinger, County of Dutchess having a Tax Id Number 6158-02-983915; and WHEREAS, Red Cedar Arborist Inc. ("Applicant") filed with the Town Clerk an application to rezone the properties from Highway Design to General Business on September 20, 2018; and WHEREAS, after rezoning the property, the Applicant will be seeking site plan approval from the Town of Wappinger Planning Board for improvements on the properties; and WHEREAS, the Planning Board is experienced in conducting reviews under SEQRA; and WHEREAS, the Town Board must establish an escrow fund so that the Town's professionals may charge the Applicant for the necessary reviews; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Town of Wappinger Page 8 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 The Town Board hereby accepts the above noted rezoning petition. 2. The Applicant shall pay to the Town of Wappinger the sum of $7,5000 Dollars which shall be held in escrow to pay for the services of the Engineer to the Town, the Attorney to the Town and the Town Planner to review the rezoning petition and to advise the Town Board and Planning Board during the SEQRA review of the process. Any unused portion of the escrow shall be returned to the applicant. 4. The Town Board hereby refers this rezoning application to the Planning Board for its review under SEQRA and the Town of Wappinger Zoning Code. The Town Board hereby consents to the Town of Wappinger Planning Board acting as lead agency for SEQRA review of this project. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-220 Yes/Aye Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale ................... Voter .. D .......,...... ❑ ..... ,...... ❑ .... ❑...... ❑ Tabled ftelaBettina Voter D ❑ ❑ ❑ ❑ Withdrawn Robed Johnston .................. Seconder ...Mover...,.........D........,........❑ D ❑ ................. ❑ .................. ❑ ....... Michael ki zm ( z 0 EJ Dated: Wappingers Falls, New York September 24, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-221 Authorizing Engineer To Town To Draft Contract Documents For Improvements At Carnwath Farms WHEREAS, the Supervisor of Buildings and Grounds has advised that the electrical system at Carnwath Farms needs upgrades; and WHEREAS, the water main of the United Wappinger Water District was extended through the Carnwath Property as part of the District Extension to NYC DEP Shaft 6A; and WHEREAS, connection to the new water main to service the buildings in Carnwath Farms is beneficial; and WHEREAS, preliminary cost estimates indicate that the proposed work will require competitive bidding; NOW, THEREFORE, BE IT RESOLVED: 1. The Engineer to the Town is directed to promptly prepare bid specifications and contract documents for the needed work at Carnwath Farms and provide them to the Town Attorney for review and approval. 2. After approval, the Town Engineer is directed to publish in the official newspaper of the Town, construction trade publications and online resources, an advertisement soliciting bids for the project pursuant to General Municipal Law § 103, and the codes, rules and regulations of the Town of Wappinger. Town of Wappinger Page 9 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 3. The Town Clerk is hereby direct to post the advertisement for bids on the Town Clerk's sign board as well as on the Town's website. 4. All sealed bids shall be submitted to the Town Clerk in accordance with the bidding instructions and shall be opened by the Town Clerk at the time set forth in the notice to the bidders. 5. The Town Clerk shall report the bids received to the Town Board in accordance with General Municipal Law § 103 for further action of the Town Board. The Town Board reserves the right to reject any and all bids in accordance with applicable law. The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2018-221 Yes/Aye Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale Voter .......................................... 0 ❑❑ ......................................... ❑ ❑ Tabled Angela Bettina Seconder D ❑ ❑ ❑ ❑ Withdrawn RobertJohnston Mover ..............D........,........❑........,........❑........,.......❑..... D ❑ ❑ ❑ MichaelKuzmicz Voter Dated: Wappingers Falls, New York September 24, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-222 Resolution Introducing Local Law No. 9 Of The Year 2018 "Town Of Wappinger Code Of Ethics" WHEREAS, article 18 of the General Municipal Law prohibits the officers and employees of a municipality from having certain conflicts of interest, and WHEREAS section 806 of the General Municipal Law requires the governing body of each county, city (other than the City of New York), town, village, school district and fire district to adopt a code of ethics that sets forth for the guidance of its officers and employees standards of conduct reasonably expected of them, and WHEREAS section 806 of the General Municipal Law also authorizes the governing body of any other municipality to adopt such a code of ethics, and WHEREAS, a code of ethics adopted by the governing body of a municipality must set forth standards of conduct for the guidance of the officers and employees of the municipality with respect to disclosure of interests in legislation before the local governing body, holding of investments in conflict with official duties, private employment in conflict with official duties, future employment, and such other standards as may be deemed advisable; and WHEREAS, the Town of Wappinger last adopted an Ethics Code in 1970 and 21 st Century Replacement is required; WHEREAS, the proposed action is a Type 11 action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); NOW, THEREFORE, BE IT RESOLVED: 1) The Town Board hereby introduces for adoption Local Law No.9 of the Year 2018 in the form annexed hereto. 2) The Town Board determines that the enactment of the Local Law is a Type 11 action Town of Wappinger Page 10 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"). The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No.9 of the Year 2018 Town of Wappinger Code of Ethics to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 9th day of October, 2018, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2018-222 Yes/Aye Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. BealeSeconder ................... 0 ❑ ❑ El. ❑ Tabled ftelaBettina Voter D ❑ ❑ ElElWithdrawn RobertJohnston Voter .............D........,........❑........,........❑........,.......❑..... D ❑ ❑ ❑ MichaelKuzmicz Mover Dated: Wappingers Falls, New York September 24, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-223 Resolution Directing Building Department To Conduct Exterior Property Inspections For Municipal Violation Searches WHEREAS, when real property is sold or transferred, Title Insurance Agencies request the Town Building Department to provide a report of any outstanding violations of the NYS Uniform Code and the Town of Wappinger Zoning Code; and WHEREAS, purchasers of the property and lending institutions rely on these reports to verify that the subject property is not in violation of any applicable codes; and WHEREAS, the current practice of the Building and Zoning Department is to review the records that are maintained for the subject property in the Town's files and conduct a drive by inspection of the property; and WHEREAS, the current Municipal Violation search procedure frequently fails to disclose violations on the property that are not visible from the public highway and are not apparent in the Town's records; and WHEREAS, the Town Board has determined that it is in the best interests of the residents of the Town and future residents of the Town that the Building Department and Zoning Department conduct exterior inspections when Municipal Violation searches are requested as they will uncover the actual violations on the property and protect the purchasers who are not familiar with how the improper conditions were created; NOW, THEREFORE, BE IT RESOLVED: 1. The Town Board hereby directs that all future Municipal Code Violations searches shall include an exterior inspection of the entire perimeter of the buildings located on the property, as well as all other driveways, drainage Town of Wappinger Page 11 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 improvements and other appurtenances to determine if there are any outstanding violations of the NYS Uniform Code, or the Town of Wappinger Zoning Code. 2. The Town Board hereby authorizes and directs the Building Department to create a new application for Municipal Code Violation Searches which specifically include permission from the property owner authorizing such on-site inspections. The Attorney to the Town is authorized to work with the Building and Zoning Department to amend any forms and/or authorizations necessary to implement this directive. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-223 Correspondence Lo - 21018.09-24 Number To From Yes/Aye No/Nay Abstain Absent D Adopted Hu hsonville (Fire District 911412018 9!14!2018 2019 Prelimtnany Bud et 9/2412018 09-24-D02 Trademark Custom Building Robes Johnston 911712018 El Adopted as Amended Richard Thurston Voter 0 ❑ ❑ El lDefeated William H. Beale Voter D ❑ ❑ ❑ ❑ Tabled AnelaBettina Voter 0 ❑ ❑ ❑ ❑ WithdrawnRobert Johnston Mover... ,....... D .... ❑ ............. ❑ .... ❑ ... 911712018 Micae hl Kuzmicz Seconder D ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-224 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2018-224 Correspondence Lo - 21018.09-24 Number To From Date Date Ree I Re*Agenda tate 09-24401 ITown Board Hu hsonville (Fire District 911412018 9!14!2018 2019 Prelimtnany Bud et 9/2412018 09-24-D02 Trademark Custom Building Robes Johnston 911712018 911712018 Notice of Award I Schlathaus Park 912412018 09-24.003 Atallah&Jese h Nesheiwat (Barbara Roberti 9117/2018 9117!201'8 Performance Bond I Malmo He'u' hts 9/2412018 09-24-004 Joseph P, Pao'doni Barbara Roberti 911712018 91171201'8 Performance & (Maintenance Bords Oct, 2018 912412018 09-24-005 Town Board Daniel J. Keeler 9/712018 911712018 United Wappinger Water & Sewer District 9!2412018 09-24-006 Town Board Chelsea Fire District 812912018 9!1712018 Proposed 2019 Summaa Budget 912412018 09-24-007 1Town Board Jessica Fulton 911712018 911712018 Racreat on&Sendar July/August Revenue Report 9124018 09-24 008 ITow Board Robert Gray 911812018 9118!2018 United Water District I Meadow Filtration 9124!2018 09-24-009 1 Town Board Carl S, Wolfson 911912018 911912018 Justice Report for the Month of August, 2018 9!2412018 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 -2018-224 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter 0...... ❑ ❑ ❑ ❑ Defeated William H.Beale....................... Voter ................ D ................... ❑.................... ❑................. ❑....... El Tabled Angela Bettina ................................................................. Voter El El ..... . ElElWithdrawn Robert Johnston ......................Seconder ........ 0 .... ....❑.... ....❑...... .........❑ ..... Town of Wappinger Page 12 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 VIII. Michael Kuzmicz Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York September 24, 2018 Budget Resolutions The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-225 Resolution Adopting Certificate Of Base Percentages, Current Percentages, Current Base Proportions And Certificate Of Adjusted Base Proportions From The New York State Office Of Real Property Services WHEREAS, the Town CAP Assessor has prepared a Certificate of Base Percentages, Current Percentages, Current Base Proportions and Certificate of Adjusted Base Proportions for the 2018 Assessment Roll for submission to the New York State Office of Real Property Services (hereinafter "Certificate"); and WHEREAS, the Town CAP Assessor has attested to the accuracy of the aforementioned Certificate which has been prepared pursuant to RPTL Article 19 and shall be used for the levy of taxes on the 2016 Assessment Roll, a copy of said Certificate is attached 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 of Wappinger hereby accepts and adopts the base percentages, current percentages and current base proportions as set forth in the Certificate, a copy of which is attached hereto and has been provided to the Town Board in support of this Resolution. 3. Joseph P. Paoloni, Town Clerk, is hereby authorized to certify that the Town Board adopted the base percentages, current percentages and current base proportions as set forth in the Certificate of Adjusted Base Proportions for the levy of taxes based on the 2018 Assessment Roll. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-225 Yes/Aye.. No/Nay. Abstain Absent D Adopted , ❑ Adopted as AmendedRichard Thurston 1111�William Voter 0 El ❑ El Defeated H. Beale ... Voter .......................... 0 ❑ ............. ❑ ....................................... ❑ ❑ Tabled elaBettina AnII gIII Voter D ❑ ❑ ❑ ❑ Withdrawn Robed 7ohnston ....................Mover..........D...... Seconder D ❑ ❑ .❑...... ❑ .❑..... Michael Kuzmicz ❑...... Dated: Wappingers Falls, New York September 24, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-226 Town of Wappinger Page 13 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 Resolution Scheduling Town Board Meetings To Adopt Budgets For Fiscal Year 2019 WHEREAS, the Town Supervisor, as Budget Officer, pursuant to § 106 of the Town Law, must prepare the Tentative Budget for the Town of Wappinger for delivery the Town Board for review, examination and possible revision; and WHEREAS, Town Law § 106 requires the Budget Officer of the Town to submit the Tentative Budget to the Town Clerk on or before September 30, but since that date is a Monday, it may be submitted on October 1, 2018; and WHEREAS, Town Law §106(3) requires the Town Clerk to deliver the Tentative Budget to the Town Board at a regular meeting on or before October 5; and WHEREAS, will hold a special meeting on Monday, October 1, 2018 at 7:30 p.m. for the purpose of having the Town Clerk deliver the Tentative Budget to the Town Board as required by law; and WHEREAS, New York State Town Law § 108 requires that the Town Board must hold a public hearing on the Preliminary Budget on or before the Thursday immediately following the general election in November; and WHEREAS, Town Law requires the adoption of a Final Budget on or before November 20, 2018; and WHEREAS, in order to accomplish the Budget Adoption Schedule set forth in Article 8 of the Town Law, the Town Board hereby establishes the following tentative schedule of Town Board Meetings set forth below, reserving unto itself the right to change the scheduled meetings if circumstances require. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby schedules the following meetings of the Town Board to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, commencing at 7:30 p.m. on the following dates for the purpose of examining, discussing, deliberating and adopting the Town Budget for calendar year 2019, reserving unto itself the right to change the scheduled meetings if circumstances require. Regular Town Board Meeting September 24, 2018 • Adopt Resolution Accepting Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2019 and Setting a Public Hearing on October 22, 2018 to Hear Any Objections Thereto; ■ Notice of Public Hearing must be published in Poughkeepsie Journal on October 10, 2018 and in the Southern Dutchess News on October 10, 2018; Town Clerk to Post Notice on Town Notice Board; • Adopt Resolution Setting Public Hearing for October 22, 2018 on the Proposed O&M Charges, and Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2019 and to Hear Any Objections Thereto; ■ Notices of Public Hearing to be published in Poughkeepsie Journal on October 10, 2018 and in the Southern Dutchess News October 10, 2018; Town Clerk to Post Notice on Town Notice Board; Special Town Board Meeting Monday, October 1, 2018 • Town Clerk to deliver Tentative Budget to the Town Board in accordance with Town Law § 106; Regular Town Board Meeting Tuesday, October 9, 2018 Town of Wappinger Page 14 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 Budget Discussions Regarding the following departments: • Recreation, Parks and Senior Center • Code Enforcement • Highway/Buildings and Grounds; Special Town Board Meeting Monday, October 15, 2018 Budget Discussions Regarding the following departments: • Supervisor and Town Board • Accounting • Justice Court • Tax Receiver • Assessor • Town Clerk • Animal Control • Water and Sewer Districts and Improvement Areas • Drainage Districts • "Wrap Up"; Regular Town Board Meeting Monday, October 22, 2018 • Open Public Hearing on Proposed Benefit Assessment Rolls for Special Improvements and Special Improvement Areas; • Adopt Final Benefit Assessment Rolls for Special Improvements and Special Improvement Areas; • Open Public Hearing for Budgets for Operation and Maintenance Charges, Water Rates and Sewer Rents for Special Improvement Districts and Special Improvement Areas; • Adopt O&M Charges and Water/Sewer Rates and Rents for Special Improvement Districts/Improvement Areas for Fiscal Year 2019; • Adopt Preliminary Budget for Fiscal Year 2019 and Schedule Public Hearing on Preliminary Budget for November 7, 2018; ■ Notice of Public Hearing on the Preliminary Budget to be published in the Poughkeepsie Journal on October 31, 2018 and in the Southern Dutchess News on October 31, 2018; Town Clerk to Post Notice on Town Notice Board. Special Town Board Meeting Wednesday, November 7, 2018 • Open Public Hearing on Preliminary Town Budget; • Adopt Annual Budget for Fiscal Year 2019. BE IT FURTHER RESOLVED that the Town Clerk is hereby directed to provide notice to the public of the meetings established by this Resolution in accordance with Town Law, the Town of Wappinger Code and the Rules of Procedure of this Board. The Town Clerk is further directed Town of Wappinger Page 15 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 to post this Resolution, together with all Notices of Public Hearings on the sign board maintained by the Town Clerk at Town Hall, as well as the post same on the Town's website. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2018-226 Yes/Aye Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale Voter .......................................... 0 ❑❑ ......................................... ❑ ❑ Tabled Angela Bettina Seconder D ❑ ❑ ❑ ❑ Withdrawn RobertJohnston Voter .............D........,........❑........,........❑........,.......❑..... D ❑ ❑ ❑ MichaelKuzmicz Mover Dated: Wappingers Falls, New York September 24, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-227 Resolution Accepting Proposed Benefit Assessment Rolls For Special Improvement Districts And Special Improvement Areas For Fiscal Year 2019 And Setting A Public Hearing To Hear Any Objections Thereto WHEREAS, the Town Assessor, on behalf of the Town Board, is required to create preliminary benefit assessment rolls for Special Improvement Districts and Improvement Areas within the Town of Wappinger each year pursuant to Town Law § 202-a; and WHEREAS, the Town Board is required by Town Law § 202-a to hold a public hearing in accordance with the provisions of Town Law § 239 to consider any objections to the annual benefit assessment roll. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby schedules a Public Hearing to be held at a Regular Meeting of the Town Board on October 22, 2018 at 7:30 p.m. at Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the purposes of hearing and considering any objections which may be made to the benefit assessment rolls for the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger listed below for Fiscal Year 2019: SPECIAL IMPROVEMENT DISTRICTS United Wappinger Water District Fleetwood Manor Water District United Wappinger Sewer District Wildwood Sewer District Fleetwood Manor Sewer District Mid -Point Park Sewer District The Regency at Wappinger Lighting District Keenan Acres Drainage District Blackwatch Farms Drainage District Meadowood Drainage District Tuscany Subdivision Drainage District Town of Wappinger Page 16 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 SPECIAL IMPROVEMENT AREAS: WST/TIA - Phase 3A Sewer Improvement Area 95 Wappinger Sewer Improvement Area No. 1 Watch Hill Sewer Improvement Area Watch Hill Water Improvement Area 4. The Town Clerk is directed to publish a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less than ten (10) nor more than twenty (20) days prior to said public hearing date and to post the Notice of Public Hearing on the Message Board of the Town and on the Town's website as set forth above. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2018-227 Yes/Aye.. No/Nay. Abstain Absent D Adopted , ❑ Adopted as Amended Richard Thurston Voter . ...... 0 ... ... ... ❑ ❑ ..... .. .. .. ❑ ❑Defeated :William H. Beale Voter D ❑ ❑ ❑ ❑ Tabled AngelaBettina ....................... Seconder D ❑ ❑ -.....,........ ❑ ....... . ❑ Withdrawn Robert Johnston ...................... Voter D ❑ ❑ CbaefKuzmicz Mover Z E 0 E, Dated: Wappingers Falls, New York September 24, 2018 The Resolution is hereby duly declared Adopted. RESOLUTION: 2018-228 Resolution Setting Public Hearing On Proposed Budgets, O&M Charges, Water/Sewer Rates And Rents For Special Improvement Districts And Special Improvement Areas For Fiscal Year 2019 And To Hear Any Objections Thereto WHEREAS, the Town Board annually establishes budgets for the financing of capital improvements of all Special Improvement Districts and Special Improvement Areas within the Town of Wappinger for the ensuing year, and as part of the budget process the Town Board establishes Operation and Maintenance Charges (O&M Charges), Rates and/or Rents, to be charged against those properties within said Special Improvement Districts or Special Improvement Areas; and WHEREAS, the Town Board will have completed the proposed budgets for the financing of capital improvements for the proposed quarterly O&M Charges, Rates and Rents to be charged against those properties within said Special Improvement Districts and Special Improvements Areas for Fiscal Year 2019 no later than October 1, 2018; and WHEREAS, the Town Board, as required by Town Law, hereby schedules and orders a Public Hearing to be held on October 22, 2018 for the purposes of hearing and considering any objections which may be made to the aforementioned proposed budgets, and the proposed quarterly O&M Charges, Rates and Rents for the Special Improvement Districts and Special Improvement Areas for Fiscal Year 2019. NOW, THEREFORE, BE IT RESOLVED, as follows: Town of Wappinger Page 17 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 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 that it has completed the proposed budgets for the financing of capital improvements for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2019 and has set proposed quarterly O&M Charges, Rates and Rents to be levied against the properties within the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger. 3. The Town Board hereby schedules a Public Hearing to be held at a regular meeting of the Town Board on October 22, 2018 at 7:30 p.m. at Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the purposes of hearing and considering any objections which may be made to the proposed budgets and the proposed quarterly O&M Charges, Rates and Rents to be levied against the properties within the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger, as noted below, for Fiscal Year 2019. SPECIAL IMPROVEMENT DISTRICTS: Town -wide Ambulance District United Wappinger Water District Fleetwood Manor Water District United Wappinger Sewer District Wildwood Sewer District Fleetwood Manor Sewer District Mid -Point Park Sewer District Cameli Lighting District Chelsea Lighting District Hughsonville Lighting District The Regency at Wappinger Lighting District Keenan Acres Drainage District Blackwatch Farms Drainage District Meadowood Drainage District Tuscany Subdivision Drainage District The Hamlet Conservation Park District Fieldstone Conservation Park District Kendall Farms Conservation Park District SPECIAL IMPROVEMENT AREAS: WST/TIA - Phase 3A Sewer Improvement Area 45 Wappinger Sewer Improvement Area No. 1 Watch Hill Sewer Improvement Area Watch Hill Water Improvement Area 4. The Town Clerk is directed to publish 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 five (5) days prior to said public hearing date and is further directed to post the Notice of Public Hearing on the Message Board of the Town and on the Town website as set forth above. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 18 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 IX. X. Vote Record - Resolution RES -2018-228 ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Yes/Aye Abstain Absent D Adopted ......No/Nay .. ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale Voter .......................................... 0 ❑❑ ......................................... ❑ ❑ Tabled Angela Bettina Seconder D ❑ ❑ ❑ ❑ Withdrawn RobertJohnston Voter .............D........,........❑........,........❑........,.......❑..... D ❑ ❑ ❑ Michael Kuzmicz Mover Dated: Wappingers Falls, New York September 24, 2018 The Resolution is hereby duly declared Adopted. Items for Special Consideration/New Business Councilman Beale asked if the Grinnell Library is required to submit their budgets and financial statements to the Town similar to what the fire districts do. Attorney Horan promised to find the section of law that requires it. Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz XI. Action After Executive Session RESOLUTION: 2018-229 Resolution Awarding Contract For Meadowwod Filtration Project WHEREAS, by the Town Board authorized the solicitation of bids for the installation of filtration improvements for the Meadowwood Wells; and Town of Wappinger Page 19 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 WHEREAS, the Engineers to the Town prepared bid specifications which were duly advertised in accordance with the provisions of General Municipal Law X103; and WHEREAS, the following bid was received: Contractor Base Bid Eventus Construction Co., Inc. 1 $530,000.00 WHEREAS, by letter dated September 18, 2018 the Engineers to the Town advised that Eventus Construction Co., Inc. complied with all the bid requirements and is the lowest responsible bidder; and WHEREAS, the Town Board believes that it is in the best interest of the users of the United Wappinger Water District to award the bid; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town of Wappinger hereby awards the contract for Meadowwood Filtration Improvements to Eventus Construction Co., Inc., in the amount of $530,000.00. 2. The Town Board hereby authorizes the Supervisor to execute a contract after the Attorney to the Town has confirmed that Eventus Construction Co., Inc. has duly executed the contract documents, has supplied the necessary documents to begin the work. The Town Board hereby authorizes that funding for the capital improvement project be appropriated from the Unallocated Fund Balance of the United Wappinger Water District. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2018-229 Yes/Aye No/Nay Abstain Absent ❑ Adopted Richard Thurston ..................❑...... El.... ❑ ..... ❑...... ❑ Adopted as Amended William H. Beale ❑ ❑ ❑ ❑ ❑ Defeated ❑ Tabled Angela Bettina ❑ ❑ ❑ ❑ 0 Withdrawn Robert Johnston . ❑ .......................................... ❑ ❑ ................... ❑ Michael Kuzmicz ❑....................❑ ........,.........❑ .........,........❑ ...... Dated: Wappingers Falls, New York September 24, 2018 The Resolution is hereby duly declared Withdrawn. 2. Motion To: Reject Meadowood Filtration bid and Authorize Enginner to Re -Draft Bid Documents per the Wicks Law The town board rejected the bid for the Meadowwood filtration improvement because it exceeded the Wicks Law threshold and would like to authorize separate bid specifications in accordance with the Wicks law and the instrumentation portion of the contract is a professional service not subject to competitive bidding. Town of Wappinger Page 20 Printed 9/25/2018 Regular Meeting Minutes September 24, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz XII. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 10:00 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 21 Printed 9/25/2018 altice September 19, 2018 Hon. Richard Thurston Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Dear Supervisor Thurston: The Town of Wappinger (the "Town"), and Cablevision of Wappingers Falls, Inc., a wholly owned subsidiary of Altice USA, Inc. (collectively "Altice USA"), have recently agreed to a renewal of Altice USA's cable franchise with the Town, which is currently scheduled for public hearing and consideration by the Town Board on September , 2018 (the "Franchise Renewal"). In addition to the terms and conditions contained in the Franchise Renewal, the parties, by this letter ("Letter"), for good and valuable consideration, agree to certain obligations outlined and acknowledged below: 1. Pursuant to the grant of authority in the Franchise Renewal, Altice USA is currently planning to upgrade its cable system from the existing hybrid fiber - coaxial cable design, to an advanced fiber to the home ("FTTH") system. The upgrade to the FTTH system may require the addition of Altice equipment placed in the public rights-of-way. As is the case, and notwithstanding Section 2.8 of the Franchise Renewal, the parties hereby agree to the following: a. If and when this upgrade to the FTTH system takes place within the territorial limits of the Town, it is Altice USA's intention to make reasonable efforts to coordinate with Town to find mutually acceptable locations for any Altice USA equipment which is a part of or appurtenant to its cable system within the public rights-of-way; and b. The Town will process any permits or authorizations it so requires for the placement of such equipment in the public rights-of-way, within thirty (30) days of Altice USA's submission of an application to receive such permits or authorizations. The Town shall not unreasonably delay or deny Altice USA's application for such permits or authorizations. In approving the placement of such equipment, the Town will limit the basis of its decision to pedestrian and traffic safety. 1 2. In consideration of the above, Altice USA acknowledges that it is currently providing its outdoor Wi-Fi service in the vicinity of Martz Field, Airport Park and Robinson Lane Rec Park. Further, Altice USA hereby agrees to survey the following Town owned sites for potential deployment of additional access points for Wi-Fi service: 40 Spook Hill Rd, Rockingham Park, Carnwath Farms, Reese Park. Altice USA's representation in this paragraph "2" does not guarantee to the Town, nor to any third party, the specific range or standard of service provided by such access points, and the Town acknowledges that Altice USA provides such service at its own discretion, pursuant to Altice USA's terms of service, as may be amended from time to time. 3. The Town shall permit Altice USA to place a sign or banner for the purpose of promoting Altice USA's Wi-Fi services and/or other contributions to the community, at places clearly visible to the public at the locations specified in paragraph "2" above, during the time that Altice USA is providing outdoor Wi- Fi service as described therein. The exact location of said sign or banner shall be mutually agreed upon by the parties. Said sign or banner may be replaced and/or repaired by Altice USA, from time to time, upon reasonable notice to the Town. The parties may, by mutual consent, agree to placement of such banner or sign at another Town -owned location. The parties hereby acknowledges the understandings memorialized in this Letter by setting their signatures below. Sincerely, Craig M. Johnson, Vice President, Government Affairs & Policy, Altice USA, Inc. Date: Accepted and agreed: Richard Thurston, Supervisor Town of Wappinger, New York Date: 2 For Discussion Purposes Subject to Altice USA Management Review & Approval Cable Franchise Agreement by and between the Town of Wappinger, NY and Cablevision of Wappingers Falls, Inc. For Discussion Purposes Subject to Altice USA Management Review & Approval TABLE OF CONTENTS ARTICLE 1. DEFINITIONS................................................................................................... 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS ....................... 3. PROVISION OF CABLE SERVICE................................................................ 4. SYSTEM FACILITIES..................................................................................... 5. PEG SERVICES................................................................................................ 6. FRANCHISE FEES........................................................................................... 7. REPORTS AND RECORDS............................................................................. 8. INSURANCE AND INDEMNIFICATION...................................................... 9. TRANSFER OF FRANCHISE.......................................................................... 10. RENEWAL OF FRANCHISE........................................................................... 11. ENFORCEMENT AND TERMINATION OF FRANCHISE .......................... 12. MISCELLANEOUS PROVISIONS.................................................................. EXHIBITS Exhibit A: Municipal Buildings to be Provided Free Cable Service Exhibit B: Service Area Exhibit C: PEG Channels 1 PAGE .............2 .............7 .............9 ...........11 ...........11 ...........13 ...........14 ...........16 ...........17 ...........18 ...........18 ...........20 For Discussion Purposes Subject to Altice USA Management Review & Approval THIS CABLE FRANCHISE AGREEMENT (the "Franchise" or "Agreement") is entered into by and between the Town of Wappinger, a validly organized and existing political subdivision of the State of New York (the "Local Franchising Authority" or "LFA") and Cablevision of Wappingers Falls, Inc., a corporation duly authorized to do business in the State of New York (the "Franchisee"). WHEREAS, the LFA wishes to grant Franchisee a renewal of its nonexclusive franchise to construct, install, maintain, extend and operate a cable system in the Franchise Area as designated in this Franchise; WHEREAS, the LFA is a "franchising authority" in accordance with Title VI of the Communications Act, (see 47 U.S.C. §522(10)) and is authorized to grant one or more nonexclusive cable franchises pursuant to Article 11 of the New York Public Service Law, as amended, and Title 16, Chapter VIII, Parts 890.60 through 899, of the Official Compilation of Codes, Rules and Regulations of the State of New York, as amended; WHEREAS, Franchisee has completed the upgrade of its existing telecommunications and information services network through the installation of a hybrid fiber network ("Fiber Network") in the Franchise Area which transmits the Non -Cable Services, which Non -Cable Services are not subject to the Cable Law or Title VI of the Communications Act; WHEREAS, the Fiber Network occupies the Public Rights -of -Way within the LFA, and Franchisee desires to use portions of the Fiber Network to provide Cable Services (as hereinafter defined) in the Franchise Area; WHEREAS, the LFA has identified the past performance of the Franchisee and the future cable -related needs and interests of the LFA and its community, has considered and approved the Franchisee's technical ability, financial condition and character as defined by Title 16, Chapter VIII, Part 894.6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, as amended, and has determined that Franchisee is in compliance with its existing franchise and applicable law and that its Cable System is adequate and feasible in a full public proceeding affording due process to all parties; WHEREAS, the LFA has found Franchisee to be financially, technically and legally qualified to continue to operate the Cable System; WHEREAS, the LFA has determined that in accordance with the provisions of the Cable Law, this Franchise complies with NY PSC's franchise standards and the grant of a nonexclusive franchise to Franchisee is consistent with the public interest; and WHEREAS, the LFA and Franchisee have reached agreement on the terms and conditions set forth herein and the parties have agreed to be bound by those terms and conditions. NOW, THEREFORE, in consideration of the LFA's grant of a renewal franchise to Franchisee, Franchisee's promise to provide Cable Service to residents of the Service Area of the LFA pursuant to and consistent with the Cable Law (as hereinafter defined), pursuant to the For Discussion Purposes Subject to Altice USA Management Review & Approval terms and conditions set forth herein, the promises and undertakings herein, and other good and valuable consideration, the receipt and the adequacy of which are hereby acknowledged, THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS: 1. DEFINITIONS Except as otherwise provided herein, the definitions and word usages set forth in the Cable Law are incorporated herein and shall apply in this Agreement. In addition, the following definitions shall apply: 1.1 Access Channel: A video Channel, which Franchisee shall make available to the LFA without charge for Public, Educational, or Governmental noncommercial use for the transmission of video programming as directed by the LFA. 1.2 Affiliate: Any Person who, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with, the Franchisee. 1.3 Basic Service: The tier of Cable Service which includes the retransmission of primary local television broadcast signals provided to any Subscriber and, to the extent required by applicable law, any PEG Channels required by this Franchise, and which may also include any additional video programming signals as determined by Franchisee. 1.4 Bundled Service: The offering of Cable Services with any Non -Cable Service offering for a single aggregate price. 1.5 Cable Law: Article 11 of the New York Public Service Law, as amended, and Title 16, Chapter VIII, Parts 890.60 through 899, of the Official Compilation of Codes, Rules and Regulations of the State of New York, as amended, to the extent authorized under and consistent with federal law. 1.6 Cable Service or Cable Services: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(6), as amended. 1.7 Cable System or System: Shall be defined herein as the facility, which is the subject of this Franchise, consisting of antennae, wire, coaxial cable, amplifiers, towers, microwave links, wave guide, optical fibers, optical transmitters and receivers, satellite receiver/transmit antennae, and/or other equipment designed and constructed for the purpose of producing, receiving, amplifying, storing, processing or distributing analog and/or digital audio, video, data or other forms of electronic, electromechanical, optical or electrical signals. 1.8 Channel: Shall be defined herein as a portion of the electromagnetic frequency spectrum which is used in the Cable System, and which is capable of delivering a television channel. 1.9 Communications Act: The Communications Act of 1934, as amended 2 For Discussion Purposes Subject to Altice USA Management Review & Approval 1.10 Control: The ability to exercise de facto or de jure control over day-to- day policies and operations or the management of Franchisee's affairs. 1.11 Educational Access Channel: An Access Channel designated for noncommercial use solely by local public schools and public school districts in the Franchise Area and other not-for-profit educational institutions chartered or licensed by the New York State Department of Education or Board of Regents in the Franchise Area. 1.12 FCC: The United States Federal Communications Commission, or successor governmental entity thereto. 1.13 Force Majeure: An event or events reasonably beyond the ability of Franchisee to anticipate and control that directly or indirectly results in Franchisee's non- compliance with, or delay in the performance of, any obligation hereunder. This includes, but is not limited to, severe or unusual weather conditions, strikes, labor disturbances and disputes, war or act of war (whether an actual declaration of war is made or not), insurrection, riots, act of public enemy, incidences of terrorism, acts of vandalism, actions or inactions of any government instrumentality or public utility including condemnation, accidents for which the Franchisee is not primarily responsible, fire, flood, or other acts of God, or work delays resulting from waiting for unaffiliated utility providers to service, monitor or maintain utility poles to which Franchisee's Fiber Network is attached, and unavailability of materials and/or qualified labor to perform the work necessary. 1.14 Franchise Area: The incorporated area (entire existing territorial limits) of the LFA, and such additional areas as may be annexed or acquired by the LFA. 1.15 Franchisee: Cablevision of Wappingers Falls, Inc. and its lawful and permitted successors, assigns and transferees. 1.16 Government Access Channel: An Access Channel available for the sole noncommercial use of the LFA. 1.17 Gross Revenue: All revenue, as determined in accordance with generally accepted accounting principles, which is derived by Franchisee from the operation of the Cable System to provide Cable Service in the Service Area. 1.17.1 Gross Revenue includes, without limitation, all Subscriber and customer revenues earned or accrued net of bad debts including revenue for: 1.17.1.1 all fees charged to any Subscribers for any and all Cable Service provided by Franchisee over the Cable System in the Service Area, including without limitation Cable Service related program guides, the installation, disconnection or reconnection of Cable Service; revenues from late or delinquent charge fees; Cable Service related or repair calls; the provision of converters, remote controls, additional outlets and/or other Cable Service related Subscriber premises equipment, whether by lease or fee; the Cable System; 1.17.1.2 pay-per-view and video on demand Cable Service over 3 For Discussion Purposes Subject to Altice USA Management Review & Approval 1.17.1.3 the sale or lease of access channel(s) or channel capacity; 1.17.1.4 compensation received by Franchisee that is derived from the operation of Franchisee's Cable System to provide Cable Service with respect to commissions that are paid to Franchisee as compensation for promotion or exhibition of any products or services on the Cable System, such as "home shopping" or a similar channel, subject to Subsection 1.17.2.5; and 1.17.1.5 a pro rata portion of all revenue derived by Franchisee pursuant to compensation arrangements for advertising derived from the operation of Franchisee's Cable System to provide Cable Service within the Service Area. The allocation of the revenue specified in this Subsection 1.17.1.5 shall be based on the number of Subscribers in the Service Area divided by the total number of subscribers in relation to the relevant local, regional or national compensation arrangement. Advertising commissions paid to third parties shall not be netted against advertising revenue included in Gross Revenue. Subject to Section 12.21 of this Agreement, for the purpose of calculating franchise fees paid to the LFA, Gross Revenue shall include Subscriber revenue in the LFA from DVR functionality. 1. 17.2 Gross Revenue shall not include: 1.17.2.1 Franchise Fees imposed on Franchisee by the LFA that are passed through from Franchisee as a line item paid by Subscribers; 1.17.2.2 revenues received by any Affiliate or other Person in exchange for supplying goods or services used by Franchisee to provide Cable Service over the Cable System; 1.17.2.3 bad debts written off by Franchisee in the normal course of its business (provided, however, that bad debt recoveries shall be included in Gross Revenue during the period collected); 1.16.2.4 refunds, rebates or discounts made to Subscribers or other third parties; 1.17.2.5 any revenue of Franchisee or any other Person which is received directly from the sale of merchandise through any Cable Service distributed over the Cable System, provided however, that portion of such revenue which represents or can be attributed to a Subscriber fee or a payment for the use of the Cable System for the sale of such merchandise shall be included in Gross Revenue; 1.17.2.6 the sale of Cable Services on the Cable System for resale in which the purchaser is required to collect cable Franchise Fees from purchaser's customer; 1.17.2.7 the sale of Cable Services to customers, which are exempt, as required or allowed by the LFA including, without limitation, the provision of Cable Services to public institutions as required or permitted pursuant to Section 3.3 herein; M For Discussion Purposes Subject to Altice USA Management Review & Approval 1.17.2.8 any tax of general applicability imposed upon Franchisee or upon Subscribers by a city, state, federal or any other governmental entity and required to be collected by Franchisee and remitted to the taxing entity (including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes and non -cable franchise fees); 1.17.2.9 any foregone revenue which Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable or other communications services to any Person, including without limitation, employees of Franchisee and public institutions or other institutions designated in the Franchise (provided, however, that such foregone revenue which Franchisee chooses not to receive in exchange for trades, barters, services or other items of value shall be included in Gross Revenue); 1.17.2.10 sales of capital assets or sales of surplus equipment; 1.17.2.11 program launch fees, (e.g., the reimbursement by programmers to Franchisee of marketing costs incurred by Franchisee for the introduction of new programming); 1.17.2.12 directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement and electronic publishing; 1.17.2.13 any fees or charges collected from Subscribers or other third parties for any Annual Franchise Grant and PEG Grant payments; and 1.17.2.14 except as otherwise provided in Subsection 1.17.1, any revenues classified as Non -Cable Services revenue under federal or state law including, without limitation, revenue received from Telecommunications Services; revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, electronic bulletin board service, or similar online computer services; charges made to the public for commercial or cable television that is used for two-way communication; and any other revenues attributed by Franchisee to Non -Cable Services in accordance with federal law, rules, regulations, standards or orders as amended. 1.17.3 Should revenue from any service provided by Franchisee over the Cable System be classified as a Cable Service by a final determination or ruling of any agency or court having jurisdiction, after the exhaustion of all appeals related thereto, the LFA shall be entitled, after notification to Franchisee, to amend this Agreement in the manner prescribed under applicable state law or this Franchise to include revenue from Franchisee's provision of such service as Gross Revenue, and Franchisee shall include revenue from such service as Gross Revenue on a going forward basis commencing with the next available billing cycle following the date of issuance of an order from the NY PSC approving such amendment provided that no such amendment shall be made to this Agreement until such time as all other Cable Service providers operating within the Franchise Area are also required to provide revenue from such service to the LFA as gross revenue (as defined in the franchise agreements of such other Cable Service providers. k, For Discussion Purposes Subject to Altice USA Management Review & Approval 1.18 Information Services: Shall be defined herein as it is defined under Section 3 of the Communications Act, 47 U.S.C. §153(24), as amended. 1.19 Internet Access: Dial-up or broadband access service that enables Subscribers to access the Internet. 1.20 Local Franchise Authority (LFA): The Town of Wappinger, New York, or the lawful successor, transferee, or assignee thereof. 1.21 Non -Cable Services: Any service that does not constitute the provision of Video Programming directly to multiple subscribers in the Franchise Area including, but not limited to, Information Services and Telecommunications Services. 1.22 Normal Business Hours: Those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours. 1.23 NYPSC: The New York Public Service Commission. 1.24 PEG: Public, Educational, and Governmental. 1.25 Person: An individual, partnership, association, joint stock company, trust, corporation, limited liability company or other legally recognized or governmental entity. 1.26 Public Access Channel: An Access Channel available for noncommercial use solely by the residents in the Franchise Area on a first-come, first-served, nondiscriminatory basis. 1.27 Public Rights -of -Way: The surface and the area across, in, over, along, upon and below the surface of the public streets, roads, bridges, sidewalks, lanes, courts, ways, alleys, and boulevards, including, public utility easements and public lands and waterways used as Public Rights -of -Way, as the same now or may thereafter exist, which are under the jurisdiction or control of the LFA. Public Rights -of -Way do not include the airwaves above a right-of-way with regard to cellular or other nonwire communications or broadcast services. 1.28 Service Area: All portions of the Franchise Area where Cable Service is being offered, as described in Exhibit B attached hereto. 1.29 Subscriber: A Person who lawfully receives Cable Service over the Cable System with Franchisee's express permission. 1.30 Telecommunication Services: Shall be defined herein as it is defined under Section 3 of the Communications Act, 47 U.S.C. § 153(53), as amended. amended. 1.31 Title VT Title VI of the Communications Act, Cable Communications, as 1.32 Transfer of the Franchise: D For Discussion Purposes Subject to Altice USA Management Review & Approval 1.32.1 Any transaction in which: 1.32.1.1 a fifty percent ownership or greater interest in Franchisee is transferred, directly or indirectly, from one Person or group of Persons to another Person or group of Persons, so that Control of Franchisee is transferred; or 1.32.1.2 the rights held by Franchisee under the Franchise and the certificate of confirmation issued therefor by the NY PSC are transferred or assigned to another Person or group of Persons. 1.32.1.3 However, notwithstanding Sub -subsections 1.32.1.1 and 1.32.1.2 above, a Transfer of the Franchise shall not include transfer of an ownership or other interest in Franchisee to the parent of Franchisee or to another Affiliate of Franchisee; transfer of an interest in the Franchise or the rights held by the Franchisee under the Franchise to the parent of Franchisee or to another Affiliate of Franchisee; any action which is the result of a merger of the parent of the Franchisee; or any action which is the result of a merger of another Affiliate of the Franchisee. The new Franchisee shall not use such change in ownership or other interest as a basis for challenging the validity of any past non-performance. 1.33 Video Programming: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(20), as amended. 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS 2.1 Grant of Authority: Subject to the terms and conditions of this Agreement and the Cable Law, the LFA hereby grants the Franchisee the right to own, construct, operate and maintain a Cable System along the Public Rights -of -Way within the Franchise Area and such other areas within the Franchise Area where authorized by private or public property owners or applicable law, if such authorization is necessary. No privilege or power of eminent domain is bestowed by this grant; nor is such a privilege or power bestowed by this Agreement. 2.2 The Fiber Network: Upon delivery of Cable Service, by subjecting Franchisee's mixed-use facilities to the NY PSC's minimum franchise standards and the LFA's police power, the LFA has not been granted broad new authority over the construction, placement and operation of Franchisee's mixed-use facilities; provided, however, that nothing herein shall be construed to limit the LFA's existing authority with respect to the Franchisee's mixed use facilities pursuant to applicable law and local laws, including any lawful right to compel relocation of such facilities in the event of road -widenings and other similar adjustments to the Public Rights -of -Way, consistent with the NY PSC's rules, regulations and orders. 2.3 Effective Date and Term: This Franchise shall become effective on the date that the NY PSC issues a certificate of confirmation for this Franchise (the "Effective Date"), following its approval by the LFA's governing authority authorized to grant franchises and its acceptance by the Franchisee. The term of this Franchise shall be ten (10) years from the Effective Date unless the Franchise is earlier revoked as provided herein. The Franchisee shall memorialize the Effective Date by notifying the LFA in writing of the same, which notification shall become a part of this Franchise. 7 For Discussion Purposes Subject to Altice USA Management Review & Approval 2.4 Grant Not Exclusive: The Franchise and the rights granted herein to use and occupy the Public Rights -of -Way to provide Cable Services shall not be exclusive, and the LFA reserves the right to grant other franchises for similar uses or for other uses of the Public Rights -of -Way, or any portions thereof, to any Person, or to make any such use itself, at any time during the term of this Franchise. Any such rights which are granted shall not adversely impact the authority as granted under this Franchise. 2.5 Franchise Subject to Federal and State Law: Notwithstanding any provision to the contrary herein, this Franchise is subject to and shall be governed by all applicable provisions of federal and state law as it may be amended, including but not limited to the Communications Act. 2.6 No Waiver: 2.6.1 The failure of the LFA on one or more occasions to exercise a right under this Franchise, the Cable Law or other applicable state or federal law, or to require compliance or performance under this Franchise, shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance of this Agreement, nor shall it excuse Franchisee from compliance or performance, unless such right or such compliance or performance has been specifically waived in writing. 2.6.2 The failure of the Franchisee on one or more occasions to exercise a right under this Franchise, the Cable Law or other applicable state or federal law, or to require performance under this Franchise, shall not be deemed to constitute a waiver of such right or a waiver of performance of this Agreement, nor shall it excuse the LFA from performance, unless such right or such performance has been specifically waived in writing. 2.7 Construction of Agreement: 2.7.1 The provisions of this Franchise shall be liberally construed to effectuate their objectives. 2.7.2 Nothing herein shall be construed to limit the scope or applicability of Section 625 of the Communications Act, 47 U.S.C. § 545, as amended. 2.7.3 Should any change to state law, rules or regulations have the lawful effect of materially altering the terms and conditions of this Franchise, then the parties shall modify this Franchise to the mutual satisfaction of both parties to ameliorate the negative effects on the Franchisee of the material alteration. Any modification to this Franchise shall be in writing and shall be subject to Section 222 of the New York Public Service Law and Title 16, Chapter VIII, Part 892, Subpart 892-1, Section 892-1.4 of the Official Compilation of Codes, Rules and Regulations of the State of New York requiring application to the NY PSC and approval of any modification. If the parties cannot reach agreement on the above -referenced modification to the Franchise, then Franchisee may terminate this Agreement without further obligation to the LFA or, at Franchisee's option, the parties agree to submit the matter to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. For Discussion Purposes Subject to Altice USA Management Review & Approval 2.8 Local Authority: All rights and privileges granted herein are subject to the police powers of the LFA and its rights under applicable laws and regulations to exercise its governmental powers to their full extent, provided, however that the LFA shall not subject Franchisee to any subsequently enacted local laws that are materially inconsistent with this Franchise, federal and state laws, regulations and orders, and/or any restrictions or conditions on the construction, location, or siting of the System, except for generally applicable permitting requirements. Furthermore, to the extent that the installation, repair and/or maintenance by Franchisee of any component of the Cable System is lawfully subject to permitting and/or review by the LFA pursuant to the necessary and reasonable exercise of its police power, such permitting and/or review shall not be unreasonably denied or delayed, nor shall any fees be required (other than those necessary to offset the reasonable administrative costs of issuing such permit(s)), for the right and/or privilege to install, repair or maintain such component. For purposes of this Agreement, "unreasonably delay" shall mean the LFA's failure to act on a permit application within sixty (60) days of its submission by Franchisee, in which case such permit shall be deemed granted under applicable law. 2.9 Restoration of Subscriber Premises: The Franchisee shall ensure that Subscriber premises are restored to their pre-existing condition if damaged by the Franchisee's employees or agents in any respect in connection with the installation, repair, or disconnection of Cable Service. 2.10 Restoration of Municipal Property: Any municipal property damaged or destroyed shall be promptly repaired or replaced by the Franchisee and restored to its pre- existing condition. 3. PROVISION OF CABLE SERVICE 3.1 Service Area: 3.1.1 Service Commitment Area: Franchisee shall continue to offer Cable Service to all residential Subscribers in the Service Area, except, in accordance with NY PSC rules and regulations: (A) for periods of Force Majeure; (B) for periods of delay caused by the LFA; (C) for periods of delay resulting from Franchisee's inability to obtain authority to access rights-of-way in the Service Area; (D) in developments or buildings that are subject to claimed exclusive arrangements with other providers; (E) in areas, developments or buildings where Franchisee cannot gain access after good faith efforts; (F) in areas, developments or buildings where the provision of Cable Service is economically infeasible because such provision requires nonstandard facilities which are not available on a commercially reasonable basis; (G) in areas where the occupied residential dwelling unit density does not meet the density and other requirements set forth in Sub -Subsection 3.1.1.1 and Section 3.2; and (H) to Subscribers who fail to abide by the Franchisee's terms and conditions of service. 3.1.1.1 Density Requirement: Franchisee shall make Cable Services available to residential dwelling units in all areas of the Service Area where the average density is equal to or greater than twenty-four (24) occupied residential dwelling units per mile as measured in strand footage from the nearest technically feasible point on the active Fiber Network trunk or feeder line. Should, through new construction, an area within the Service Area 9 For Discussion Purposes Subject to Altice USA Management Review & Approval meet the density requirements after the time stated for providing Cable Service as set forth in Subsection 3.1.1, Franchisee shall provide Cable Service to such area within twelve (12) months of receiving notice from the LFA that the density requirements have been met. 3.2 Availability of Cable Service: Franchisee shall make Cable Service available to all residential dwelling units and may make Cable Service available to businesses within the Service Area in conformance with Section 3. 1, and Franchisee shall not discriminate between or among any individuals in the availability of Cable Service or based upon the income of the residents in a local area. In the areas in which Franchisee shall provide Cable Service, Franchisee shall be required to connect, at Franchisee's expense, other than a standard installation charge, all residential dwelling units that are within one hundred fifty (150) feet of trunk or feeder lines not otherwise already served by Franchisee's Fiber Network. Franchisee shall be allowed to recover, from a Subscriber that requests such connection, the actual costs incurred for residential dwelling unit connections that exceed one hundred fifty (150) feet or are in an area with a density of less than twenty-four (24) occupied residential dwelling units per mile and the actual costs incurred to connect any non-residential dwelling unit Subscriber, provided, however, that Franchisee may seek a waiver of any requirement that it extend service to any party requesting the same in an area with a density of less than twenty-four (24) occupied residential dwelling units per mile if such would not be possible within the limitations of economic feasibility. 3.3 Cable Service to Public Buildings: Subject to Section 3.1, Franchisee shall provide, without charge within the Service Area, one service outlet activated for Basic Service to each public school public library, and such other buildings used for municipal purposes as may be designated by the LFA as provided in Exhibit A attached hereto; provided, however, that if it is necessary to extend Franchisee's trunk or feeder lines more than one five hundred (150) feet solely to provide service to any such school or public building, the LFA shall have the option either of paying Franchisee's direct costs for such extension in excess of five hundred (150) feet, or of releasing Franchisee from the obligation to provide service to such school or public building. Furthermore, Franchisee shall be permitted to recover, from any school or public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than five hundred (150) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed. For underground installations, Franchisee shall charge the recipient Franchisee's actual cost. Such costs shall be submitted to said recipient in writing, before installation is begun. Cable Service may not be resold or otherwise used in contravention of Franchisee's rights with third parties respecting programming. Equipment provided by Franchisee, if any, shall be replaced at retail rates if lost, stolen or damaged. 3.4 Contribution in Aid: Notwithstanding the foregoing, Franchisee shall comply at all times, with the requirements of Section 895.5 of NY PSC rules and regulations. 10 For Discussion Purposes Subject to Altice USA Management Review & Approval 4. SYSTEM FACILITIES 4.1 Quality of Materials and Work: Franchisee shall construct and maintain its System using materials of good and durable quality, and all work involved in the construction, installation, maintenance and repair of the Cable System shall be performed in a safe, thorough and reliable manner. 4.2 System Characteristics: During the term hereof Franchisee's Cable System shall meet or exceed the following requirements: 4.2.1 On the Effective Date, the System shall be an active two-way plant designed to provide for a minimum channel capacity of not less than 77 channels including video -on -demand, pay-per-view, and other premium Cable Services. 4.3 Interconnection: The Franchisee shall design its Cable System so that it may be interconnected with other cable systems in the Franchise Area. Interconnection of systems may be made by direct cable connection, microwave link, satellite, or other appropriate methods, to the extent required by law and voluntarily agreed upon by Franchisee. 4.4 Emergency Alert System: Franchisee shall comply with the Emergency Alert System ("EAS") requirements of the FCC and the State of New York, including the NY PSC's rules and regulations and the current New York EAS Plan, in order that emergency messages may be distributed over the System. 4.5 Parental Control: Upon request by any Subscriber, and where technologically feasible, the Franchisee shall provide such requesting subscriber with a parental control device. Such device will, at a minimum, offer an option that a person ordering programming must provide a personal identification number or other means provided by the Franchisee only to a Subscriber. Provided, however, that Franchisee shall bear no responsibility for the exercise of parental controls and shall incur no liability for any Subscriber's or viewer's exercise or failure to exercise such controls. 5. PEG SERVICES 5.1 PEG Set Aside: 5.1.1 Franchisee shall provide capacity for up to one (1) dedicated Public Access Channel, up to one (1) dedicated Educational Access Channel, and up to one (1) dedicated Government Access Channel (collectively, "PEG Channels"). If required by applicable law, the PEG Channels shall be provided on Franchisee's Basic Service tier. 5.1.2 The programming to be carried on each of the PEG Channels set aside by Franchisee is reflected in Exhibit C attached hereto. The LFA hereby authorizes Franchisee to transmit such programming within and outside LFA jurisdictional boundaries. Franchisee specifically reserves the right to make or change channel assignments in its sole discretion. If a PEG Channel provided under this Article is not being utilized by the LFA, Franchisee may utilize such PEG Channel, in its sole discretion, until such time as the LFA elects to utilize the PEG Channel for its intended purpose. In the event that the LFA determines to use 11 For Discussion Purposes Subject to Altice USA Management Review & Approval PEG capacity, the LFA shall inform Franchisee in accordance with NY PSC rules and regulations. 5.1.3 Franchisee shall provide the technical ability to play back pre- recorded programming provided to Franchisee consistent with this Section. Franchisee shall transmit programming consistent with the dedicated uses of PEG Access Channels. Franchisee shall comply at all times with the requirements of Section 895.4 of the NY PSC rules and regulations. 5.2 PEG Access Connections: 5.2.1 Franchisee shall continue to maintain one (1) remote access return line for the transmission of upstream programming from Town Hall, 20 Middlebush Road, Wappingers Falls, NY, 12590, to Franchisee's head -end. Such access return line shall be used for origination of non-commercial Governmental Access programming by the LFA for the benefit of Franchisee's subscribers in the LFA. 5.2.2 Subject to all Cable Service providers in the Franchise Area being bound to the same requirements of this Section 5.2.2, upon two hundred seventy (270) days prior written notice to the Franchisee, the LFA may designate Roy C. Ketcham High School, 99 Myers Corners Road, Wappingers Falls, NY 12590 as the origination site for the LFA's Educational Access Channel (the "Educational Access Origination Site"). 5.2.2.1 Subject to the successful completion of all required site preparation work by the LFA and provision of access to Franchisee for equipment installation and provisioning, Franchisee shall, without charge to the LFA, provide upstream transmission connections between its video channel aggregation point and the Educational Access Origination Site in order to permit the signals to be correctly routed from the Educational Access Origination Site to the appropriate Educational Access Channel for distribution to Subscribers. 5.2.2.2 The LFA shall provide the Franchisee at the Educational Access Origination Site a suitable video signal and suitable audio signal for the Educational Access Channel. Franchisee, upon receipt of the suitable video signal, shall provide, install and maintain in good working order the equipment necessary for transmitting the Educational Access signal to the channel aggregation site for further processing for distribution to Subscribers. Franchisee's obligation with respect to such upstream transmission equipment and facilities shall be subject to the availability, without charge to Franchisee, of suitable required space, environmental conditions, electrical power supply, access, pathway, and other facilities and such cooperation of the LFA as is reasonably necessary for Franchisee to fulfill such obligations. 5.2.3 All PEG channels provided by the Franchisee may be offered in any format using any transmission method. 5.2.4 Franchisee specifically reserves the right to make or change channel assignments in its sole discretion. 12 For Discussion Purposes Subject to Altice USA Management Review & Approval 5.3 PEG Grant: Franchisee shall provide to the LFA for use in support of the production of local PEG programming a PEG Grant (the "PEG Grant") in the amount of FIFTY THOUSAND DOLLARS ($50,000.00). Franchisee shall pay the PEG Grant in two (2) installments, as follows: (1) the first installment, in the amount of FORTY THOUSAND DOLLARS ($40,000.00) shall be payable within sixty (60) days of the Effective Date; and (2) subject to Section 12.21.2 of this Agreement, the second installment, in the amount of TEN THOUSAND DOLLARS ($10,000.00), shall be payable on the fifth (5h) anniversary of the Effective Date. The PEG Grant shall be used solely by the LFA for PEG access equipment, including, but not limited to, studio and portable production equipment, editing equipment and program playback equipment, or for renovation or construction of PEG access facilities. 5.3.1 Upon 60 days prior written request, the LFA shall provide Franchisee with a complete accounting annually of the distribution of funds granted pursuant to this Section 5.3. 5.4 Indemnity for PEG: The LFA shall require all local producers and users of any of the PEG facilities or Channels to agree in writing to authorize Franchisee to transmit programming consistent with this Agreement and to defend and hold harmless Franchisee and the LFA from and against any and all liability or other injury, including the reasonable cost of defending claims or litigation, arising from or in connection with claims for failure to comply with applicable federal laws, rules, regulations or other requirements of local, state or federal authorities; for claims of libel, slander, invasion of privacy, or the infringement of common law or statutory copyright; for unauthorized use of any trademark, trade name or service mark; for breach of contractual or other obligations owing to third parties by the producer or user; and for any other injury or damage in law or equity, which result from the use of a PEG facility or Channel. The LFA shall establish rules and regulations for use of PEG facilities, consistent with, and as required by, 47 U.S.C. §531. 5.5 Recovery of Costs: To the extent permitted by federal law, the Franchisee shall be allowed to recover the costs of any PEG Grant or any other costs arising from the provision of PEG services from Subscribers, and to include such costs as a separately billed line item on each Subscriber's bill. Without limiting the forgoing, if allowed under state and federal laws, Franchisee may externalize, line -item, or otherwise pass-through interconnection and any franchise -related costs to Subscribers. 6. FRANCHISE FEES 6.1 Payment to LFA: Beginning sixty (60) days after the effective date of this Agreement, Franchisee shall pay to the LFA a Franchise Fee of five percent (5%) of annual Gross Revenue (the "Franchise Fee"). In accordance with Title VI, the twelve (12) month period applicable under the Franchise for the computation of the Franchise Fee shall be a calendar year. Such payments shall be made no later than forty-five (45) days following the end of each calendar quarter. Franchisee shall be allowed to submit or correct any payments that were incorrectly omitted, and shall be refunded any payments that were incorrectly submitted, in connection with the quarterly Franchise Fee remittances within ninety (90) days following the close of the calendar year for which such payments were applicable. 13 For Discussion Purposes Subject to Altice USA Management Review & Approval 6.2 Supporting Information: Each Franchise Fee payment shall be accompanied by a brief report prepared by a representative of Franchisee showing the basis for the computation. 6.3 Limitation on Franchise Fee Actions: The Village or its agent may question and request data concerning the calculation or scope of the Franchise Fees paid by Franchisee to the Village pursuant to this Section 18 within three hundred sixty five (365) days of their payment. For each such payment, after such three hundred sixty five (365) day period has run, the Village shall be deemed to have accepted Franchisee's payment and waives its right to challenge the amount or calculation of such payment. 6.4 Bundled Services: If Franchisee provides a Bundled Service to Subscribers, the Franchise Fee shall be applied only to the value of the Cable Services, as reflected on the books and records of Franchisee in accordance with FCC or state public utility regulatory commission rules, regulations, standards or orders. The parties agree that tariffed telecommunications service rates that cannot be discounted by law or by regulation are to be excluded from the bundled discount allocation basis. Where pro rata allocation of bundled discounts is commercially practical for any bundled offering, the Franchisee will allocate the bundled discount such that the discount allocated to Cable Service revenues will not exceed the amount which would be allocated to Cable Service revenue on a pro rata basis. 6.5 Section 626 Set -Off Franchisee agrees that it will cease to apply the Franchise Fee as an offset against the special franchise tax provided for in N.Y. Real Property Tax Law Section 626 in the next full calendar month following the reception by Franchisee from the LFA of a written, signed confirmation from each existing provider of Cable Service or cable service (as such term may be defined by other providers) in the Service Area containing the same full and complete waiver of the special franchise tax offset effective immediately and a statement that confirms that such provider will not use such offset; further, the LFA will impose such waiver in writing in the renewal agreement of each existing provider. In addition, the LFA agrees that it shall impose the same special franchise tax offset restriction upon all new providers of Cable Service or cable service (as such term may be defined by other providers) in the Service Area to be expressed in writing in the franchise agreement of each new cable provider. Notwithstanding the above, if an existing or new provider of Cable Service or cable service (as such term may be defined by other providers) in the service are begins at some future date to use its offset rights against the special franchise tax, then Franchisee may also use its offset rights, and the above waiver is no longer in effect. The operation of Section 6.5 shall be strictly limited to Franchise Fees lawfully imposed upon Cable Service, and shall not be construed to affect the Franchisee's rights under any provision of State or Federal law regarding the provision of services other than Cable Services. 7. REPORTS AND RECORDS 7.1 Open Books and Records: Upon reasonable written notice to the Franchisee and with no less than thirty (30) business days written notice to the Franchisee, the LFA shall have the right to inspect Franchisee's books and records pertaining to Franchisee's provision of Cable Service in the Franchise Area at any time during Normal Business Hours and 14 For Discussion Purposes Subject to Altice USA Management Review & Approval on a nondisruptive basis, as are reasonably necessary to ensure compliance with the terms of this Franchise. Such notice shall specifically reference the section or subsection of the Franchise which is under review, so that Franchisee may organize the necessary books and records for appropriate access by the LFA. Franchisee shall not be required to maintain any books and records for Franchise compliance purposes longer than six (6) years. Notwithstanding anything to the contrary set forth herein, Franchisee shall not be required to disclose information that is proprietary or confidential in nature, nor disclose any of its or an Affiliate's books and records not relating to the provision of Cable Service in the Service Area. Subject to the requirements of the New York Freedom of Information Law ("FOIL"), the LFA shall treat any information disclosed by Franchisee as proprietary and confidential under Section 87(2)(4) of the New York Public Officers Law, and shall only disclose it to employees, representatives, and agents thereof who the LFA deems to have a need to know, or in order to enforce the provisions hereof. For purposes of this section, "proprietary and confidential" information includes, but is not limited to: information related to the Cable System design, trade secrets, Subscriber lists, marketing plans, financial information; or other information that is reasonably determined by the Franchisee to be competitively sensitive. If the LFA receives a request under FOIL, or similar law for the disclosure of information that the Franchisee has designated as confidential, trade secret or proprietary, the LFA shall notify the Franchisee of such request. If the LFA determines in good faith that public disclosure of the requested information is required under FOIL, LFA shall so notify Franchisee and before making disclosure shall give Franchisee a reasonable period of time to seek to obtain judicial redress to preclude disclosure. Franchisee shall not be required to provide Subscriber information in violation of Section 631 of the Communications Act, 47 U.S.C. §551. 7.2 Records Required: Franchisee shall at all times maintain: 7.2.1 Records of all written complaints for a period of six (6) years after receipt by Franchisee. The term "complaint" as used herein refers to complaints about any aspect of the Cable System or Franchisee's cable operations, including, without limitation, complaints about employee courtesy. Complaints recorded will not be limited to complaints requiring an employee service call; 7.2.2 Records of outages for a period of six (6) years after occurrence, indicating date, duration, area, and the number of Subscribers affected, type of outage, and cause; 7.2.3 Records of service calls for repair and maintenance for a period of six (6) years after resolution by Franchisee, indicating the date and time service was required, the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was resolved; 7.2.4 Records of installation/reconnection and requests for service extension for a period of six (6) years after the request was fulfilled by Franchisee, indicating the date of request, date of acknowledgment, and the date and time service was extended; and Services. 7.2.5 A map showing the area of coverage for the provisioning of Cable 15 For Discussion Purposes Subject to Altice USA Management Review & Approval 7.3 System -Wide Statistics: Subject to the requirements of Section 895.1(t) of the NY PSC rules and regulations, any valid reporting requirement in the Franchise may be satisfied with system -wide statistics, except those related to Franchise Fees and consumer complaints. 8. INSURANCE AND INDEMNIFICATION 8.1 Insurance: 8.1.1 Franchisee shall maintain in full force and effect, at its own cost and expense, during the Franchise Term, the following insurance coverage: 8.1.1.1 Commercial General Liability Insurance in the amount of one million dollars ($1,000,000) combined single limit for property damage and bodily injury. Such insurance shall cover the construction, operation and maintenance of the Cable System. 8.1.1.2 Automobile Liability Insurance in the amount of one million dollars ($1,000,000) combined single limit for bodily injury and property damage coverage. 8.1.1.3 Workers' Compensation Insurance in conformity with legal requirements of the State of New York. 8.1.1.4 Employers' Liability Insurance in the following amounts: (A) Bodily Injury by Accident: $100,000; and (B) Bodily Injury by Disease: $100,000 employee limit; $500,000 policy limit. 8.1.1.5 Excess liability or umbrella coverage of not less than ten million dollars ($10,000,000). 8.1.1.6 The insurance requirements above may be satisfied with a combination of primary and excess coverage. 8.1.2 The LFA shall be designated on the certificate of insurance as an additional insured under each of the insurance policies required in this Article 8 except Worker's Compensation Insurance, and Employer's Liability Insurance. 8.1.3 Each of the required insurance policies shall be noncancellable except upon thirty (30) days prior written notice to the LFA. Franchisee shall not cancel any required insurance policy without submitting documentation to the LFA verifying that the Franchisee has obtained alternative insurance in conformance with this Agreement. 8.1.4 Each of the required insurance policies shall be with insurers qualified to do business in the State of New York, with an A- or better rating for financial condition and financial performance by Best's Key Rating Guide, Property/Casualty Edition. 8.1.5 Upon written request, Franchisee shall deliver to the LFA copies of Certificates of Insurance showing evidence of the required coverage. 16 For Discussion Purposes Subject to Altice USA Management Review & Approval 8.2 Indemnification: 8.2.1 Franchisee agrees to indemnify the LFA for, and hold it harmless from, all liability, damage, cost or expense arising from claims of injury to persons or damage to property occasioned by reason of any conduct undertaken pursuant to the Franchise, provided that the LFA shall give Franchisee timely written notice of a claim or action and the LFA's request for indemnification within ten (10) days of receipt of a claim or action pursuant to this Subsection; and, in any event, the LFA shall provide Franchisee with written notice within a sufficient period of time that allows Franchisee to take action to avoid entry of a default judgment and does not prejudice Franchisee's ability to defend the claim or action. Notwithstanding the foregoing, Franchisee shall not indemnify the LFA for any damages, liability or claims resulting from the willful misconduct or negligence of the LFA, its officers, agents, employees, attorneys, consultants, independent contractors or third parties or for any activity or function conducted by any Person other than Franchisee in connection with PEG Access or EAS. 8.2.2 With respect to Franchisee's indemnity obligations set forth in Subsection 8.2.1, Franchisee shall provide the defense of any claims brought against the LFA by selecting counsel of Franchisee's choice to defend the claim, subject to the consent of the LFA, which shall not be unreasonably withheld. Nothing herein shall be deemed to prevent the LFA from cooperating with the Franchisee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided however, that after consultation with the LFA, Franchisee shall have the right to defend, settle or compromise any claim or action arising hereunder, and Franchisee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such proposed settlement includes the release of the LFA and the LFA does not consent to the terms of any such settlement or compromise, Franchisee shall not settle the claim or action but its obligation to indemnify the LFA shall in no event exceed the amount of such settlement. 8.2.3 The LFA shall hold harmless and defend Franchisee from and against and shall be responsible for damages, liability or claims resulting from or arising out of the willful misconduct or negligence of the LFA. 8.2.4 The LFA shall be responsible for its own acts of willful misconduct, negligence, or breach, subject to any and all defenses and limitations of liability provided by law. The Franchisee shall not be required to indemnify the LFA for acts of the LFA which constitute willful misconduct or negligence on the part of the LFA, its officers, employees, agents, attorneys, consultants, independent contractors or third parties. 9. TRANSFER OF FRANCHISE 9.1 Transfer: Subject to Section 617 of the Communications Act, 47 U.S.C. § 537, as amended, no Transfer of the Franchise shall occur without the prior consent of the LFA, provided that such consent shall not be unreasonably withheld, delayed or conditioned. In considering an application for the Transfer of the Franchise, the LFA may consider the applicant's: (i) technical ability; (ii) financial ability; (iii) good character; and (iv) other qualifications necessary to continue to operate the Cable System consistent with the terms of the 17 For Discussion Purposes Subject to Altice USA Management Review & Approval Franchise. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, by assignment of any rights, title, or interest of the Franchisee in the Franchise or Cable System in order to secure indebtedness, for any transaction in which Franchisee retains the right, title or interest in the Franchise granted to it herein, or for transactions otherwise excluded under Section 1.32 above. 10. RENEWAL OF FRANCHISE 10.1 Governing Law: The LFA and Franchisee agree that any proceedings undertaken by the LFA that relate to the renewal of this Franchise shall be governed by and comply with the provisions of Section 12.11 below, the Cable Law and Section 626 of the Communications Act, 47 U.S.C. § 546, as amended. 10.2 Needs Assessment: In addition to the procedures set forth in Section 626 of the Communications Act, the LFA shall notify Franchisee of all of its assessments regarding the identity of future cable -related community needs and interests, as well as the past performance of Franchisee under the then current Franchise term. Such assessments shall be provided to Franchisee by the LFA promptly so that Franchisee will have adequate time to submit a proposal under 47 U.S.C. § 546 and complete renewal of the Franchise prior to expiration of its term. 10.3 Informal Negotiations: Notwithstanding anything to the contrary set forth herein, Franchisee and the LFA agree that at any time during the term of the then current Franchise, while affording the public appropriate notice and opportunity to comment, the LFA and Franchisee may agree to undertake and finalize informal negotiations regarding renewal of the then current Franchise and the LFA may grant a renewal thereof. 10.4 Consistent Terms: Franchisee and the LFA consider the terms set forth in this Article 10 to be consistent with the express provisions of 47 U.S.C. § 546 and the Cable Law. 11. ENFORCEMENT AND TERMINATION OF FRANCHISE 11.1 Notice of Violation: If at any time the LFA believes that Franchisee has not complied with the terms of the Franchise, and the LFA chooses to pursue compliance, the LFA shall informally discuss the matter with Franchisee. If these discussions do not lead to resolution of the problem in a reasonable time, the LFA shall then notify Franchisee in writing of the exact nature of the alleged noncompliance in a reasonable time (for purposes of this Article, the "Noncompliance Notice"). 11.2 Franchisee's Right to Cure or Respond: Franchisee shall have sixty (60) days from receipt of the Noncompliance Notice to: (i) respond to the LFA, if Franchisee contests (in whole or in part) the assertion of noncompliance; (ii) cure such noncompliance; or (iii) in the event that, by its nature, such noncompliance cannot be cured within such sixty (60) day period, initiate reasonable steps to remedy such noncompliance and notify the LFA of the steps being taken and the date by which Franchisee projects that it will complete cure of such noncompliance. Upon notification by Franchisee to the LFA of the cure of any noncompliance, In For Discussion Purposes Subject to Altice USA Management Review & Approval and the LFA confirming such cure, the LFA shall provide written acknowledgment that such cure has been effected. 11.3 Public Hearing: The LFA shall schedule a public hearing if the LFA seeks to continue its investigation into the alleged noncompliance (i) if Franchisee fails to respond to the Noncompliance Notice pursuant to the procedures required by this Article, or (ii) if Franchisee has not remedied or commenced to remedy the alleged noncompliance within sixty (60) days or the date projected pursuant to Section 11.2(iii) above. The LFA shall provide Franchisee at least sixty (60) business days prior written notice of such public hearing, which will specify the time, place and purpose of such public hearing, and provide Franchisee the opportunity to be heard. 11.4 Enforcement: Subject to Section 12.11 below and applicable federal and state law, in the event the LFA, after the public hearing set forth in Section 11. 3, determines that Franchisee is in default of any provision of this Franchise, the LFA may: 11.4.1 Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages; or 11.4.2 Commence an action at law for monetary damages or seek other equitable relief, or 11.4.3 In the case of a substantial noncompliance with a material provision of this Franchise, seek to revoke the Franchise in accordance with Section 11.5. 11.5 Revocation: Should the LFA seek to revoke this Franchise after following the procedures set forth above in this Article, including the public hearing described in Section 11.3, the LFA shall give written notice to Franchisee of such intent. The notice shall set forth the specific nature of the noncompliance. The Franchisee shall have ninety (90) days from receipt of such notice to object in writing and to state its reasons for such objection. In the event the LFA has not received a satisfactory response from Franchisee, it may then seek termination of the Franchise at a second public hearing (the "Revocation Hearing"). The LFA shall cause to be served upon the Franchisee, at least thirty (30) business days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to revoke the Franchise. 11.5.1 At the Revocation Hearing, Franchisee shall be provided a fair opportunity for full participation, including the rights to be represented by legal counsel, to introduce relevant evidence, to require the production of evidence, to compel the relevant testimony of the officials, agents, employees or consultants of the LFA, to compel the testimony of other persons as permitted by law, and to question and/or cross examine witnesses. A complete verbatim record and transcript shall be made of such Revocation Hearing. 11.5.2 Following the Revocation Hearing, Franchisee shall be provided up to thirty (30) days to submit its proposed findings and conclusions to the LFA in writing and thereafter the LFA shall determine (i) whether an event of default has occurred under this Franchise; (ii) whether such event of default is excusable; and (iii) whether such event of default 19 For Discussion Purposes Subject to Altice USA Management Review & Approval has been cured or will be cured by the Franchisee. The LFA shall also determine whether it will revoke the Franchise based on the information presented, or, where applicable, grant additional time to the Franchisee to effect any cure. If the LFA determines that it will revoke the Franchise, the LFA shall promptly provide Franchisee with a written determination setting forth the LFA's reasoning for such revocation. Franchisee may appeal such written determination of the LFA to an appropriate court, which shall have the power to review the decision of the LFA de novo. Franchisee shall be entitled to such relief as the court finds appropriate. Such appeal must be taken within sixty (60) days of Franchisee's receipt of the written determination of the LFA. 11.5.3 The LFA may, at its sole discretion, take any lawful action that it deems appropriate to enforce the LFA's rights under the Franchise in lieu of revocation of the Franchise. 11.6 Abandonment of Service: Franchisee shall not abandon any Cable Service or portion thereof without the LFA's prior written consent as provided in the Cable Law. 12. MISCELLANEOUS PROVISIONS 12.1 Actions of Parties: In any action by the LFA or Franchisee that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld, delayed or conditioned. 12.2 Binding Acceptance: This Agreement shall bind and benefit the parties hereto and their respective heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns, and the promises and obligations herein shall survive the expiration date hereof. 12.3 Preemption: In the event that federal or state law, rules, or regulations preempt a provision or limit the enforceability of a provision of this Agreement, the provision shall be read to be preempted to the extent, and for the time, but only to the extent and for the time, required by law. In the event such federal or state law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the LFA. 12.4 Force Majeure: Franchisee shall not be held in default under, or in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by a Force Majeure. 12.5 Notices: Unless otherwise expressly stated herein, notices required under the Franchise shall be mailed first class, postage prepaid, or by overnight courier to the addressees below. Each party may change its designee by providing written notice to the other party. 20 For Discussion Purposes Subject to Altice USA Management Review & Approval 12.5.1 Notices to Franchisee shall be mailed to: Altice USA, Inc. 1 Court Square West Long Island City, NY 11101 Attention: Vice President, Government Affairs, Suburban New York 12.5.2 with a copy to: Cablevision of Wappingers Falls, Inc. c/o Altice USA, Inc. 1 Court Square West Long Island City, NY 11101 Attention: Legal Department 12.5.3 Notices to the LFA shall be mailed to: Supervisor of the Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 12.5.4 with a copy to: Town Attorney for the Town of Wappinger c/o Albert P. Roberts, Esq. Vergilis, Srenger, Roberts & Davis LLP 1136 Route 9 Wappingers Falls, NY 12590 Notwithstanding anything herein to the contrary, regulatory notices from the Franchisee to the LFA which are required pursuant to 47 C.F.R. § Part 76 may be served electronically upon the LFA to an email address provided by the LFA, instead of by first class mail as described above. 12.6 Entire Agreement: This Franchise and the Exhibits hereto constitute the entire agreement between Franchisee and the LFA and they supersede all prior or contemporaneous agreements, representations or understandings (whether written or oral) of the parties regarding the subject matter hereof. Any local laws or parts of local laws that materially conflict with the provisions of this Agreement are superseded by this Agreement. L d 12.7 Amendments and Modifications: Amendments and/or modifications to this Franchise shall be mutually agreed to in writing by the parties and subject to the approval of the NY PSC, pursuant to the Cable Law. 12.8 Captions: The captions and headings of articles and sections throughout this Agreement are intended solely to facilitate reading and reference to the articles, sections and Q 21 For Discussion Purposes Subject to Altice USA Management Review & Approval provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. 12.9 Severability: If any section, subsection, sub -subsection, sentence, paragraph, term, or provision hereof is determined to be illegal, invalid, or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, subsection, sub -subsection, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the Franchise. 12.10 Recitals: The recitals set forth in this Agreement are incorporated into the body of this Agreement as if they had been originally set forth herein. 12.11 Fiber Network Transfer Prohibition: Under no circumstance including, without limitation, upon expiration, revocation, termination, denial of renewal of the Franchise or any other action to forbid or disallow Franchisee from providing Cable Services, shall Franchisee or its assignees be required to sell any right, title, interest, use or control of any portion of Franchisee's Fiber Network including, without limitation, the Cable System and any capacity used for Cable Service or otherwise, to the LFA or any third party. Franchisee shall not be required to remove the Fiber Network or to relocate the Fiber Network or any portion thereof as a result of revocation, expiration, termination, denial of renewal or any other action to forbid or disallow Franchisee from providing Cable Services. This provision is not intended to contravene leased access requirements under Title VI or PEG requirements set out in this Agreement. 12.12 NY PSC Approval: This Franchise is subject to the approval of the NY PSC. Franchisee shall file an application for such approval with the NY PSC within sixty (60) days after the date hereof. Franchisee shall also file any necessary notices with the FCC. 12.13 Rates and Charges: The rates and charges for Cable Service provided pursuant to this Franchise shall be subject to regulation in accordance with federal law. 12.14 Employment Practices: Franchisee will not refuse to hire, nor will it bar or discharge from employment, nor discriminate against any person in compensation or in terms, conditions, or privileges of employment because of age, race, creed, color, national origin, or sex. 12.15 Customer Service: Franchisee shall comply with the consumer protection and customer service standards set forth in Parts 890 and 896 of the NY PSC rules and regulations. 12.16 Performance Review: The LFA may, at its discretion but no more than once per twelve-month period, hold a performance evaluation session (the "Performance Review") to review Franchisee's compliance with the terms and conditions of this Franchise. The LFA shall provide Franchisee with at least thirty (30) days prior written notice of the Performance Review to be held at a mutually agreeable time. Franchisee shall have the opportunity to participate in and be heard at the Performance Review. Franchisee shall not be 22 For Discussion Purposes Subject to Altice USA Management Review & Approval required to disclose any proprietary or confidential information at any Performance Review held in a public forum. To the extent Franchisee identifies any information addressed at a Performance Review as confidential and proprietary, Franchisee shall cooperate with the LFA to arrange a meeting with designated LFA representatives in an informal non-public forum to review any such confidential or proprietary information to the extent necessary to effectuate the objectives of this Section 12.16; provided, however, that the information disclosed to the LFA by the Franchisee at any such informal non-public meeting shall be treated by the LFA as confidential. Within thirty (30) days after the conclusion of the Performance Review, the LFA shall provide Franchisee written documentation ("Performance Review Report") setting forth its determinations regarding Franchisee's compliance with the terms and conditions of this Franchise. The Performance Review Report shall not contain any confidential information disclosed by Franchisee in connection with the Performance Review. 12.17 No Third Party Beneficiaries: Except as expressly provided in this Agreement, this Agreement is not intended to, and does not, create any rights or benefits on behalf of any Person other than the parties to this Agreement. 12.18 LFA Oficial: The Supervisor of the LFA is the LFA official that is responsible for the continuing administration of this Agreement. 12.19 No Waiver of LFA's Rights: Notwithstanding anything to the contrary in this Agreement, no provision of this Agreement shall be construed as a waiver of the LFA's rights under applicable federal and state law. 12.20 Identification of Franchisee's Employees, Vehicles and Contractors: Each employee of the Franchisee who routinely comes into contact with members of the public at their place of residence must wear a picture identification card clearly indicating his or her employment with the Franchisee. The photograph on the identification card shall prominently show the employee's name and/or identification number. Such employee shall prominently display such identification card and shall show it to all such members of the public. Each employee of any contractor or subcontractor of the Franchisee who routinely comes into contact with members of the public at their place of residence must wear a picture identification card clearly indicating his or her name, the name of such contractor or subcontractor and the name of the Franchisee. Notwithstanding any other provision of law regulating door-to-door solicitation or other sales activities undertaken on public or private property within the LFA, including any licensing or permit obligations required for such activities, the obligations set forth in Section 12.20 of this Agreement shall be the sole conditions governing the authorization and identification required for the entrance onto public or private property imposed upon Franchisee or its employees, agents, contractors or subcontractors for the purpose of selling, marketing or promoting services offered by Franchisee to residents of the LFA. 12.21 Level Playing Field: 12.21.1 The parties agree that, as of the Effective Date, the terms and conditions of this Agreement are in compliance with the level playing field requirements of the NY PSC. 23 For Discussion Purposes Subject to Altice USA Management Review & Approval 12.21.2 In the event that the LFA grants or renews another franchise(s), or similar authorization(s), for the construction, operation and maintenance of any communication facility which shall offer substantially equivalent services to those offered by Franchisee over the System, it shall not make the grant or renewal on more favorable or less burdensome terms than are contained herein. The LFA shall provide Franchisee written notice of any public hearing or other official action related to such proposed grant or renewal of a franchise or similar authorization. If Franchisee finds that a proposed franchise, franchise renewal or similar authorization contains provisions imposing less burdensome or more favorable terms than are imposed by the provisions of this Agreement, then Franchisee will identify those terms to the LFA in writing in advance of any vote to adopt the franchise, franchise renewal or similar authorization and, if the LFA approves such franchise, franchise renewal or similar authorization for the other provider with the identified terms, or any subsequent modification thereof, then those terms shall become the operative terms in this Agreement, in lieu of existing terms, upon the effective date of the other franchise, franchise renewal or similar authorization. 12.21.3 In the event that a non -franchised multi -channel video service provides service to residents of the LFA, the Franchisee shall have a right to petition for amendments to the Franchise that relieve the Franchisee of burdens that create a competitive disadvantage to the Franchisee. Such petition shall: i) indicate the presence of a non -franchised competitor(s); ii) identify the basis for Franchisees belief that certain provisions of this Agreement place Franchisee at a competitive disadvantage; iii) identify the provisions of this Agreement to be amended or repealed in order to eliminate the competitive disadvantage. The LFA shall not unreasonably deny Franchisee's petition. 12.21.4 Nothing in this Section 12.21 shall be deemed a waiver of any remedies available to Franchisee under federal, state or municipal law, including but not limited to section 625 of the Cable Act, 47 U.S.C. Section 545. AGREED TO THIS DAY OF .2018. The Town of Wappinger, New York By: Richard Thurston, Supervisor Cablevision of Wappingers Falls, Inc. 24 For Discussion Purposes Subject to Altice USA Management Review & Approval By: Craig M. Johnson, Vice President, Government Affairs & Policy EXHIBITS Exhibit A: Municipal Buildings to be Provided Free Cable Service Exhibit B: Service Area Exhibit C: PEG Channels 25 For Discussion Purposes Subject to Altice USA Management Review & Approval EXHIBIT A MUNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE SERVICE Town Hall Highway Department Town of Wappingers Town of Wappinger 20 Middlebush Road 10 Highway Drive Wappingers Falls, NY 12590 Wappingers Falls, NY 12590 Roy C. Ketcham High School Wappingers Junior High School 99 Myers Corners Road 30 Major McDonald Way Wappingers Falls, NY 12590 Wappingers Falls, NY 12590 Myers Corners Elementary School James Evans Elementary School 156 Myers Corners Road 26 Old Route 9 Wappingers Falls, NY 12590 Wappingers Falls, NY 12590 Emergency Services Building Schlathaus Park 18 Middlebush Road 126 All Angels Hill Road Wappingers Falls, NY 12590 Wappingers Falls, NY 12590 Carnwath Farms Hughsonville Fire Department 81 Carnwath Farms Lane 88 Old Hopewell Road Wappingers Falls, NY 12590 Wappingers Falls, NY 12590 Chelsea Fire Company New Hackensack Fire Department 15 Liberty Street 217 Myers Corners Road Chelsea, NY 12512 Wappingers Falls, NY 12590 26 For Discussion Purposes Subject to Altice USA Management Review & Approval EXHIBIT B SERVICE AREA The Service Area shall be the Franchise Area. The construction of the Franchisee's Fiber Network has been completed throughout the Franchise Area subject only to Subsection 3. 1.1 and Section 3.2 of the Franchise, and accordingly it is not necessary to provide any additional details concerning the construction and/or deployment time tables and areas within the Service Area, nor is a map of the Service Area necessary. 27 For Discussion Purposes Subject to Altice USA Management Review & Approval EXHIBIT C PEG CHANNELS The Franchisee will transmit PEG Programming as provided by the LFA and the public as directed subject to the requirements of this Franchise, and state and federal law. CHANGE ORDER PROJECT: CHANGE ORDER NUMBER: #2 EMERGENCY SERVICE BUILDING DATE: 09/07/2018 20 MIDDLEBUSH ROAD TOWN OF WAPPINGER WAPPINGER FALLS, NY 12590 CONDITIONING, INC. Contract # 17-003H 9 ELKS LANE TO CONTRACTOR: ENGINEERS PROJECT NO.: 17-003H DJ HEATING & AIR CONDITIONING, INC. MARLBORO, NY 12542 CONTRACT DATE: 07/03/2018 1409 ROUTE 9W MARLBORO, NY 12542 CONTRACT FOR; BY: HVAC CONSTRUCTION The Contract is changed as follows: To cover the cost for rerouting the boiler vents. (see attached Estimate) NOT VALID UNTIL SIGNED BY THE OWNER, ENGINEER AND CONTRACTOR. The original Contract Sum was.......................................................................................... $ 779,130.00 Net change by previously authorized Change Orders ..................................................... $ -10,131.00 The Contract Sum prior to this Change Order was........................................................... $ 768,999.00 The Contract Sum will be increased by this Change Order in the amount of .................... $ 5,759.00 The new Contract Sum including this Change Order will be The Contract Time will be unchanged. The date of Substantial Completion will be unchanged. ................................. $ 774,758.00 ENGINEER CONTRACTOR OWNER ADDRESS DJ HEATING & AIR TOWN OF WAPPINGER MORRIS ASSOCIATES CONDITIONING, INC. 20 MIDDLEBUSH ROAD 9 ELKS LANE 1409 ROUTE 9W WAPPINGER FALLS, NY 12590 POUGHKEEPSIE, AJY 12601 MARLBORO, NY 12542 BY: BY: BY: DATE: DATE: DATE: CHANGE ORDER CONTRACT SUMMARY PRIOR CONTRACT VALUE ADJUSTMENT ITEMS: $758,999.00 CHANGE ORDER AMOUNT (Re -Route Vents) $ 5,759,00 FINAL CONTRACT AMOUNT $ 774,758.00 E:ldocumentslT Wappingerla W20151W21500.238 ESB Construction\Foss-Changesl9-07-18-HVAC-CO#210.0#2 HVAC.doc 1 DJ Heating & Air Conditioning, Inc. 1409 Route 9W, Marlboro, NY 12542 (845) 236-4436 Change Order To: Morris Associates Date: 9-7-2018 Rea Emergency Services Wappingers To provide and install materials and labor to relocate the boiler flues into concentric vents thru the roof as opposed to in existing flues. Please see attached breakdown. NET ADD $ 5,759 Thank you, John Nolterieke DJ Heating & Air Conditioning Inc 1409 Route 9W Marlboro NY 12542 845-2364436 Prepared by DJ Heating & A1C 9/7/2018 Customer Data: Boiler Venting Changes LaborlUnit Office Shop Field Quanity Labor Hrs. Labor airs. Labor Hrs. ITEM: Sub Totals: 0 0 0 92.64 82.32 135.88 0.00 0.00 Q00 Subcontracts: Amount Piping and Vents 3,985.00 Roofing 1,500.00 Total Subcontracts 5,485.00 Subcontractor O/H Cost Total Sub & O/H 5,485.00 Sub Mark up 274.25 Total Subcontractors: 5,759.25 Page 1 T.4,a Page Date: 9/5/2018 Estimate No. Job No. 17-239 Mat'IlUnit Mat'llUnit Material Quanity Cost Cost 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 Material 0.00 NYS Tax Total MaCl 0.00 Labor 0.00 Overhead :::::=:::0:1:0 0.00 Job Cost 0.00 Mark up ;::<:::::::::lf.#15 0.00 Total DJ Work 0.00 Subcontracts 5,759.25 Warranty Bond 0.00 Total Job 5,759.25 TOWN OF WAPPINGER P.O. Box 324 - 20 MIDDLEBUSH ROAD PCX""S' WAPPINGERS FALLS, NY 12590 Town Board Office: 845.297,,2744 — Fax: 845.297.4558 Town Clerk Office: 845.297.5771 www. town ofwappinger,gas INTRODUCTION: A request for rezoning requires review by various agencies. First, the Town Board is specifically required by law to conduct a detailed environmental analysis of your requested zone change. Second, your request must be referred to the Town of Wappinger Planning Board and various other Town Officials for their review. Your request may also require referral to the Dutchess County Planning Department. In order to minimize delays, and process your application as expeditiously as possible, we ask that you carefully fill out the attached application for a change of zone, and submit the required exhibits listed at the end of the application. Note: THE APPLICATION AND EXHIBITS SHOULD BE SUBMITTED TO Town Clerk 1. RECORD OWNER: DIOPTER LLC; HACKENSACK REALTY LLC; TREASURE LAKE LLC; UPPER HIGHLANDS LLC 2. OWNER'S ADDRESS. SEVERAL, SEE ATTACHED LIST 3. OWNER'S TELEPHONE: (days) SEE ATTACHED LIST (evenings) SEE ATTACHED LIST NAME 4. APPLICANT'S ADDRESS: (If other than Owner): RED CEDAR ARBORISTS & LANDSCAPERS, INC 5, APPLICANT'S ADDRESS: (If other than Owner): 28 BILL NORTON WAY, WAPPINGERS FALLS, NY 12590 6. APPLICANT'S TELEPHONE: (days) 845-297-4247 (evenings) 845-857-5989 7. PROPERTY ADDRESS (if different): 187 NEW HACKENSACK ROAD 8. TAX MAP GRID NUMBER OF PROPERTY: 135689-6258-01-022981 9. PRESENT ZONE OF PROPERTY. —HD 10. REQUESTED ZONE OF PROPERTY: –GB 11. TOTAL AREA OF PROPERTY: square feet or —2.56— acres 12.DIMENSIONS OF PROPERTY: 234' X 462' X 333'X 403' DIMENSIONS ARE APPROXIMATE FROM TAX MAP Na r DEED, FILED MAP NOR SURVEY TOWO I O.TB-ACZ (I 0 -05 Rev) I of 5 �1 Town of Wappinger Town Board Application for a Change of Zone 13. LIST ANY ROAD FRONTAGES ON YOUR PROPERTY; 234.3 FOOT OF FRONTAGE ON _NEW HACKENSACK RD (CR 104) ROAD. FOOT OF FRONTAGE ON ROAD. 14. IS PROPERTY VACANT LAND? 15. IF NOT, IDENTIFY ANY STRUCTURES PRESENTLY ON THIS PROPERTY: PROFESSIONAL OFFICE BUILDING 16. DESCRIBE THE PRESENT USE(S) OF THE PROPERTY: COMMERCIAL: PROFESSIONAL BUILDING 17. IS PROPERTY NOW SUBJECT TO ANY RIGHTS-OF-WAY OR EASEMENT(S) IN FAVOR OF OTHER PROPERTIES? 18. IS THE PROPERTY PRESENTLY WITHIN A PUBLIC OR PRIVATE WATER DISTRICT? _YES WHICH ONE? UNITED WAPPINGER 19. IS PROPERTY PRESENTLY WITHIN A PUBLIC OR PRIVATE SEWER DISTRICT? _NO WHICH ONE? 20. DESCRIBE THE PURPOSE OF YOUR REZONING REQUEST AND THE GENERAL NATURE OF DEVELOPMENT PLANS: EXCTEND ZONE GB TO INCLUDE ISOLATED HD ZONE PARCELS NO NEW DEVELOPMENT PLANS ARE PROPOSED FOR THIS. LOT 21. DESCRIBE PROPOSED SIZE OF ANY BUILDINGS TO BE CONSTRUCTED, E.G.: RESIDENTIAL UNITS OF APPROX. �SQ. FT. EACH SQ. FT. RETAIL SPACE 11,212 SQ. FT. OFFICE SPACE 5Q. FT. INDUSTRIAL SPACE 22. LIST OWNERS AND ADDRESSES OF ABUTTING PROPERTY AND EXISTING USES OF PROPERTY: NORTH OWNER: EDWARD F SHEPHERD, IR ADDRESS: 195 NEW HACKENSACK RD, WAPPINGERS FALLS, NY 12590 PROPERTY USE: RESIDENTIAL: MULTI-PURPOSE/MULTI-STRUCTURE EAST OWNER: 1) CROSS COURT ASSOCIATES; 2) MCRI REALTY CORP ADDRESS: 1) 204 NEW HACKENSACK RD ; 2) 43 SHERWOOD HEIGHTS, WAP. FALLS, NY 12590 PROPERTY USE: 1) RECREATION: INDOOR SPORTS FACILITY; 2) VACANT: RESIDDENTIAL SOUTH OWNER: REED SWENSON ADDRESS: 158 NEW HACKENSACK RD, WAPPINGERS FALLS, NY 12590 PROPERTY USE: COMMERCIAL: MULTIPLE USE OR MULTI PURPOSE WEST OWNER: ^DUTCHESS COUNTY ADDRESS: _22 MARKET STREET, POUGHKEEPSIE, NY 12601 PROPERTY USE: PUBLIC SERIVCES: TRANSPORATION: AIR TOW0107B-ACZ (11-05 .Rev) 2 of 5 Town of Wappinger Town Board Application for a Change of Zone POND, WETLAND AND FLOODWAY INFORMATION FROM DUTCHESS COUNTY GIS. NO FIELD EVLAULATIONS WERE PERFORMED. 23. IS THERE ANY STATE OR COUNTY OWNED PROPERTY WITHIN 500 FEET OF PROPERTY? YES, COUNTY MUNICIPAL AIRPORT AND COUNTY ROADS 24. DESCRIBE THE NATURE OF YOUR PROPERTY: DEVELOPED WITH BUILDING AND PARKING; OPEN WEST HALF WHAT TYPES OF SOILS DOES YOUR PROPERTY CONTAIN? DUTCHESS -CARDIGAN AND RAYNHAM SILT LOAM DOES IT CONTAIN ANY PONDS? NO DOES IT CONTAIN ANY STATE DESIGNATED WETLANDS OR ADJACENT AREAS? NO DOES IT CONTAIN ANY FLOODWAY OR FLOODPLAIN LANDS? YES -FLOODPLAIN DOES IT CONTAIN ANY SLOPES IN EXCESS OF 15%? YES TO YOUR KNOWLEDGE, HAS THE PROPERTY EVER BEEN USED AS A WASTE SITE OR DUMP _NO IF SO, WHEN? NUMBER OF WELLS ON PROPERTY: DEPTH OF WELLS ON PROPERTY: NUMBER OF SEPTIC SYSTEMS ON PROPERTY: HAVE ANY WELL TESTS INDICATED UNSATISFACTORY WATER QUALITY? 25. ANY ADDITIONAL COMMENTS OR INFORMATION YOU WOULD LIKE INCLUDED WITH YOUR APPLICATION? _REQUEST WAIVER FOR WELL AND SEPTIC INFORMATION AS ZONE CHANGE WILL NOT AFFECT EXISTING USES TOW010,TB-ACZ (11-05 Rev) 3 of $ 7.7.a Town of Wappinger Town Boar Application for a Change of Zone THE FOLLOWING MUST BE SUBMITTED WITH YOUR WRITTEN APPLICATION: 1. PARTS I & II (AND PART III, IF APPLICABLE) OF THE LONG -FORM ENVIRONMENTAL ASSESSMENT FORM. NOTE THAT THE E.A.F. SHOULD CONCENTRATE ON THE BROAD IMPACTS OF THE REZONING AND NOT JUST ON THE SITE-SPECIFIC IMPACTS OF YOUR PROPOSED PROJECT. 2. IF APPLICANT DIFFERENT FROM OWNER, A WRITTEN STATEMENT FROM OWNER, AUTHORIZING YOU TO MAKE THE APPLICATION SHOULD BE ATTACHED. 3. MAP OR SKETCH SHOWING LOCATION OF YOUR PROPERTY AND THE SECTIONS) OF IT THAT YOU WISH TO HAVE REZONED. 4. COPY OF OWNERS DEED. DATE OF SUBMISSION: DATE RECEIVED BY TOWN CLERK: Signature of Owner(s) A_Y4_� 440 --di Signature of Applicant(s) TOW0107B-ACZ (11-05 Rev) 5 of 5 7.7.a Town of Wappinger Town So Appi!cation for a Change of Zone THE FOLLOWING MUST BE SUBMITTED WITH YOUR WRITTEN APPLICATION: 1. PARTS I & II (AND PART III, IF APPLICABLE) OF THE LONG -FORM ENVIRONMENTAL ASSESSMENT FORCE. NOTE THAT THE E.A.F. SHOULD CONCENTRATE ON THE BROAD IMPA.GTS OF THE REZONING AND NOT JUST ON THE SITE-SPECIFIC IMPACTS OF YOUR PROPOSED PROJECT. 2.. IF APPLICANT DIFFERENT FRAM OWNER, A WRITTEN STATEMENT FROM: OWNER, AUTHORIZING YOU TO MAKE THE APPLICATION SHOULD BE ATTACHED. 3. MAP OR SKETCH SHOWING LOCATION OF YOUR PROPERTY AND THE SECTION(S) OF IT THAT YOU WISH TO HAVE REZONED. 4, COPY OF OWNERS DEED. DATE OF SUBMISSION; DATE RECEIVED BY TOWN CLERK: Signature of Owner(s) Signature of Applikcent(s T0W0l0.0 AC.Z (11 -OS Rev) 5 of 5 7.7.a Town of Wappinger Town Boar Application for a Change of Zone THE FOLLOWING MUST BE SUBMITTED WITH YOUR WRITTEN APPLICATION: 1. PARTS I & II (AND PART III, IF APPLICABLE) OF THE LONG -FORM ENVIRONMENTAL ASSESSMENT FORM. NOTE THAT THE E.A.F. SHOULD CONCENTRATE ON THE BROAD IMPACTS OF THE REZONING AND NOT JUST ON THE SITE-SPECIFIC IMPACTS OF YOUR PROPOSED PROJECT. 2, IF APPLICANT DIFFERENT FROM OWNER, A WRITTEN STATEMENT FROM OWNER, AUTHORIZING YOU TO MAKE THE APPLICATION SHOULD BE ATTACHED. 3. MAP OR SKETCH SHOWING LOCATION OF YOUR PROPERTY AND THE SECTION(S) OF IT THAT YOU WISH TO HAVE REZONED. 4. COPY OF OWNERS DEED. DATE OF SUBMISSION: DATE RECEIVED BY TOWN CLERK: Signature of Owner(s) Aganature Applicant(s) T0W0I0.T9-ACZ (11-05 Rev) 5 of 5 9/1312018 ParcelAccess - Property Card Final Roll Parcel Grid Identification #: 135689-6258-01-022981-0000 Municipality: Wappinger Parcel Location 187 New Hackensack Rd Owner Name on March 1 Diopter LLC, (P) Hackensack Realty LLC , (A) Treasure Lake LLC, (A) Upper Highlands LLC , (A) Enmary (E)_Qwner Mail Address PO Box 189 Indian Rocks Beach FL 337850000 Parcel Detail Size (acres): 2.56 Ac Land Use Class: (465) Commercial: Banks and Office Buildings: Professional Building File Map: 5325 Agri. Dist.. (0) File Lot #: A School: District: (135601) Wappinger Falls Central School District Split Town Assessment Information (Current) Land: Total: $400000 $1196000 Tax Code; Roll Section N: Non -Homestead I Tent. Roll: Final. Roll: 51112018 71112018 Last Sale/Transfer County Taxable $1196000 Uniform %: 100 Valuatiom 7/112017 Sales Price: Sale Date: $11 9/28/2006 2:26:35 PM Site Information: I Site Number: I Year Built: Water Supply: Sewer Type: (3) Comm/public (2) Private Town Taxable: $1196000 Full Market Value: $1196000 School Taxable: Village Taxable: $1196000 $0 Deed Book: Deed Page: Sale Condition: No. Parcelsi 22006 7911 (B) Desirability: Zoning Code: Used As: (3) Normal HO (E02) Walk-up off Com mercia III ndusirial/Utilily Building Information: Site Number: I Bldg Sec.: 1 Bldg. Number: I Year Built: No. Stories: Gross Floor Area; 0 2 11212 Air Cond. Sprinkler W Alarm %: 0 0 0 Number Identical: Condition Code: 1 3 Commercial Rental Information: Site Number: I Use Number: 1 Used As: (E02) Walk-up off Unit Code: Total Rent Area: Area 1 Bdrms Apts 10732 0 Boeck Model Const. Qual,: (0223) 2.4 sty office load sup (3) Above Average No. Elevator: Basement sf.: 0 5836 Area 2 Bdrms Apts. Area 3 Bdrms Acts 0 0 https:ilgis.dutcliessny.gov/parceIaccess/propertyCard.asp?pareeIgrid=1 356890062580001022981 0000&parcelid=101 014 9/1312018 Total Units: No, 1 Bdrms Apts 0 0 Site Number: 1 Ilse Number: 2 Used As: (Z98) Non-contrib Unit Code! Total Rent Area: 6316 Total Units: No. 1 Bdrms Apts 0 0 Special District Information: Special District: 999AM Spec. Dist. Name: Ambulance Town Wide Special District GRLTN Spec, Dist. Name: Grinnell Public Lib Special District:, FIF036 Spec. Dist. Name: New Hackensack Fire No, 2 Bdrms Apts 0 Area I Bdrms Apts 0 No. 2 Bdrms Apts 0 Primary Units: 0 Primary Units: 0 Primary Units: 0 ParcelAccess - Property Card No. 3 Bdrms Apts 0 Area 2 Bdrms Apts 0 No. 3 Bdrms Apts 0 Area 3 Bdrms Apts 0 Advalorem Value 1196000 Advalorem Value 1196000 Advalorem Value 1196000 ABSOLUTELYNO ACCURACY OR COMPLE'rENESS GUARANTEE IS IMPLIIED, OR iNTENDED, ALL INFORMATIO14 ON THI S MAP IS SUBJECT TO CHANGE BASED ON A COMPLETE TITLE SEARCH OR FIELD SURVEY. This report was produced with ParcelAccess Internet on 9/1312018. Developed and maintained byOCIS- D,utchess County, NY. https: //g is.d utchessny.gov/parcelaccess/pro pertyCa rd asp?parcelg rid= 135689006 2580001022981 0000&pa reel id= 10 10 14 DUTCHESS COUNTY CLERK RECORDING PAGE RECORD & RETURN TO RECORDEDa 09/28/2006 EUGENE PARLXN ESQ 725 ROUTE 9 AT: 12:37:20 FISHKILL NY 1.2524 DOCUMENT #: 02 2006 7911 RECEIVED FROM: EUGENE PARLXN ESQ GRANTOR: CROCE RUDOYPH W GRANTEE: DIOPTER LLC RECORDED IN: DEED TAX INSTRT)MSNT TYPE: DISTRICT: WAP$INGER EXAMINED AND CHARGED AS FOLLOWS: RECORDING CHARGE: 206.CO NUMBER OF PAGES: 3 TRANSFER TAX AMOUNT: TRANSFER TAX NUMBER. 001394 E & A FORM: Y DO NOT DETACH THIS *** PAGE TP -584: X** THIS IS NOT A BILL 0 2 0 6 7 9 1 1 COUNTY CLERK BY; MS / RECEIPT NO: R6871.1 BATCH RECORD: 800182 dt&ei-g". COIZM M. LAFUENTF County Clerk y: 7A ARGAIN & SALE DEED M.18 INDEN2"JR:, toad. the J day of September, 2008 BET"Fm : Dr. RUDOLPH W. CROrE as to his existing one-third interest Address: P.p, Box 189, Indian Rocks Beach, FL 33785 party of the first Part, and DIOPTER, LLC 44 O l l 1J� nen% *,tAID WR . Address: c/o R. Croce, P,o. Box 189, Indian Rocks Beach, PL 3:3785 ' party of tbo second part, WITNESSF,,TH, that the patty of the first part, in consideration of TEN I510.p0! DOLLARS, lawful money of the United States, and other valuable consideration, paid by the party of the second part, does hereby grant, and release unto the party of the second part, the heirs or successors and assigns of the party of the spoond part forever all of his right, title and interest in and to the following: ALL that certain plot, pie,_o or parcel of land, with the buildings and imt,rovements. thereon erected, Situate, lying and being in the Town of Wappingmr, County of Autch.ss, State of New Yntk, and mere particularly described as Eoilowm; BEGZ NtdING at a point on the westerly line of New Hackensack Road, said point being the intersection of the westerly line of said New Hackensack Road with the srnitherly line of lands of John Duque and xunrtinq thence along the westerly line of said New Hackensack Road, SPnt11 35°50120" West 234.33 feet to a point; thence leaving said line .and running over and through lands of Carl Swenson, the gTant.or hexeitt,. North 53°54'53" West 467, a9 feet to a point on the easterly line of lands Of the County Of l]ttt.chess; thence along the easterly line of lands of said County of Dutchess, North 52"18'40" East 296,32 feet to a paint on the southerly line of lands of atoxesaid John Duque; thence along the southerly line of lands of said John Duque Smith 46°281101' East.. 387,35 feet to tile point of hpginning and being Parcel A on Man entitled "Suhdivision Plat Prepared for Carl Swenson", and filed in the Dutcheas County Clerk's office as Map #5325. TOC;E7'HER WITH AN EASWENT AND RIGHT OF WAY, over and upon the following descriyPd F,ortinn of premises Owned lay the Grantor, Carl H. Swenson, jr. , for the pj rposos of ingress and egress, on font or by vehicle. AXI. that p;.ene or parra.l of land situate, lying and being in the Town of Wappinger, County Of Dutchess and State of New York, more parti,:ularly descrihed an follows: BEGINNING at a point on the westerly line of New Hackensack Road, said paint. being Sneath 35°Sn120" west a distaoco of 234.33 feet from the intersaction of the soithfI.Ily line of lands of Sohn Duque with the westexly line of New Hac,kensark R�ad; thence North 53^591 52" West a distance of 3,60.00 feet to a point.; theTlce South W 5n' 20't West a distance of 8,00 feet to a paint; thence South 53°54152" Nast a distance of 160,nn feet to a point. on the westerly .line of New 1Ackensack Road; thence along the westerly line of New Hackensack Road North .',5°5017,0" Rast a distan,:P of 8,nn feet to the point or place of beginning. 1 BEING the nremises described in a deed from 9rowrn Professional Building, Inc., dated May 3. 1979 and recorded in the Dutchess County Clerk's Office in 'Liber 1553 of Deeds and Page 910, TOCF'PHER with all right, title and interest, if any, of the party of the first part, in anr_ to any streets and roads abutting the alive described premises to the canter lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, AND the party of the first past, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fnid to he applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part r r . R dolph W' Croce STATE OE` NEW YORK ) ) s8: COUNTY OF DUTCHESS ) On the / q A day of September in the year 2006 before me, the undersigned, a Notary Public in and for said State, personally aapeaxed AR. RUDOLPH W. CROCE personally known to me or proved to me on the basis of satisfactory evidena2 to bo the .individual whose name is subscribed to the within instriLme.nt and aeknowle,dged to me that he executed the same in his capacity, and that by his signature on tha ingtr)qent, the individual, or the person upon behalf of which t4a-4j ciividual ar,tod,lekerutad the instrument. t EUMW R"e '�'ou/laiB11'AtiCx '' "� .- 2- NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 9"' day of October, 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 No. 9 of the Year 2018 entitled "TOWN OF WAPPINGER CODE OF ETHICS" and by the adoption thereof shall enact provisions that set forth standards of conduct for the guidance of the officers and employees of the municipality with respect to disclosure of interests in legislation before the local governing body, holding of investments in conflict with official duties, private employment in conflict with official duties, future employment, and such other standards as may be deemed advisable; PLEASE TAKE FURTHER NOTICE that the Town Board has determined that the enactment of the Local Law is a Type II action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and is not subject to environmental review. 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: September 24, 2018 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI, TOWN CLERK F:\0) Chris\Local Laws\Local Law Filing\2018\LL9\Notice of Public Hearing 2018 Wappinger Code of Ethics.docx LOCAL LAW NO. 9 OF THE YEAR 2018 TOWN OF WAPPINGER CODE OF ETHICS BE IT ENANCTED by the Town Board of the Town of Wappinger as follows: Section -I: TITLE: This Local Law shall be known and cited as "Town of Wappinger Code of Ethics" Section -II: REPEAL OF EXISTING CHAPTER 20 Town of Wappinger Local Law 2 of 1970, which is codified at Chapter 20 of the Town of Wappinger Code entitled "Ethics, Code of is hereby repealed in its entirety. Section -III: ADOPTION OF A NEW CHAPTER 20 A new Chapter 20 of the Town Code of the Town of Wappinger is hereby adopted to read as follows: "CHAPTER 20. CODE OF ETHICS § 20-1. Legislative Intent. Article 18 of the General Municipal Law prohibits the officers and employees of a municipality from having certain conflicts of interest. Specifically, section 806 of the General Municipal Law requires the governing body of each county, city (other than the City of New York), town, village, school district and fire district to adopt a code of ethics that sets forth guidance for its elected officials, officers and employees of the standards of conduct reasonably expected of them. The code of ethics adopted by a governing body of a municipality must set forth standards of conduct for the guidance of the officers and employees of the municipality with respect to disclosure of interests in legislation before the local governing body, holding of investments in conflict with official duties, private employment in conflict with official duties, future employment, and such other standards as may be deemed appropriate and advisable. § 20-2. Purpose. The Town Board acknowledges and emphasizes that the officers and employees of the Town of Wappinger hold their positions to serve and benefit the public, and not for obtaining unwarranted personal or private gain in the exercise and performance of their official powers and duties. The Town Board of the Town of Wappinger recognizes that, in furtherance of this F:\0) Chris\Local Laws\Local Law Fi1ing\2018\LL9\Loca1 Law 9 Ethics Code.docx Last Saved: 9/20/2018 13:59 fundamental principle, there is a need for clear and reasonable standards of ethical conduct. It is the intention of the Town Board to establish those standards by the adoption of this Chapter. § 20-3. Definitions. A) "Board" means the Town Board of the Town of Wappinger and any committee, administrative board appointed by the Town Board (e.g. Planning Board, Zoning of Board of Appeals) commission, or other agency, body or department comprised of two or more municipal officers or employees. B) "Code" means this Code of Ethics. C) "Interest" means a direct or indirect financial or material benefit but does not include any benefit arising from the provision or receipt of any services generally available to the residents or taxpayers of the municipality or an area of the municipality, or a lawful class of such residents or taxpayers. A municipal officer or employee is deemed to have an interest in any private organization when he or she, his or her spouse, or a member of his or her household, is an owner, partner, member, director, officer, employee, or directly or indirectly owns or controls more than 5% of the outstanding stock or owns or controls more than a 5% interest of any corporation, partnership, limited partnership, limited liability company or other business entity. D) "Municipality" means the Town of Wappinger. The word "municipal" refers to the municipality. E) "Municipal officer or employee" means a paid or unpaid officer or employee of the Town of Wappinger, including, but not limited to, the members of any municipal board, whether elected or appointed. F) "Relative" means a spouse, domestic partner (as defined in NYS Law), parent, step-parent, sibling, step -sibling, sibling's spouse, child, child's spouse, step -child, uncle, aunt, nephew, niece, first cousin, or household member of a municipal officer or employee, and individuals having any of these relationships to the spouse of the officer or employee. § 20-4. Applicability. A) This code of ethics applies to the municipal officers and employees of the Town of Wappinger and shall supersede any prior municipal code of ethics previously adopted by the Town of Wappinger. The provisions of this code of ethics shall apply in addition to all applicable State and local laws relating to conflicts of interest and ethics including, but not limited to, Article 18 of the General Municipal Law and all rules, regulations, policies and procedures of the Town of Wappinger. 2 B) This code of ethics shall not apply to any consultants employed by the Town Board. Planning Board, Zoning Board of Appeals, or other agency or department including, but not limited to, engineers, attorneys, environmental consultants, accountants, auditors, or other professional consultants employed by the Town in an independent capacity. C) Notwithstanding the foregoing and to the extent permitted by law or regulation, any consultant employed by the Town must disclose any interest or affiliation the consultant has with any individual or business entity when such individual or business entity has a matter pending before the Town or any of its boards, agencies or departments and the consultant in the performance of his or her duties must render professional advice or give an opinion to the Town in connection with such pending matter. (Need citation of Mark Davies) § 20-5. Prohibition on use of municipal position for personal or private gain. No municipal officer or employee shall use his or her municipal position or official powers and duties to secure a financial or material benefit for himself or herself, a relative, or any private organization in which he or she is deemed to have an interest. § 20-6. Disclosure of interest in legislation and other matters. A) Whenever a matter requiring the exercise of discretion comes before a municipal officer or employee, either individually or as a member of a board, and disposition of the matter could result in a direct or indirect financial or material benefit to himself or herself, a relative, or any private organization in which he or she is deemed to have an interest, the municipal officer or employee shall disclose in writing the nature of the interest. B) The disclosure shall be made when the matter requiring disclosure first comes before the municipal officer or employee, or when the municipal officer or employee first acquires knowledge of the interest requiring disclosure, whichever is earlier. C) In the case of a person serving in an elective office, the disclosure shall be filed with the Town Board. In all other cases, the disclosure shall be filed with the person's supervisor or, if the person does not have a supervisor, the disclosure shall be filed with the municipal officer, employee or board having the power to appoint to the person's position. In addition, in the case of a person serving on a municipal board or committee, a copy of the disclosure shall be filed with such board or committee. Any disclosure made to such board or committee shall be made publicly at a meeting of the board or committee and must be included in the minutes of the meeting. Copies of all disclosures shall also be filed with the Town Clerk. 3 § 20-7. Recusal and abstention. A) No municipal officer or employee may participate in any decision or take any official action with respect to any matter requiring the exercise of discretion, including discussing the matter and voting on it, when he or she knows or has reason to know that the action could confer a direct or indirect financial or material benefit on himself or herself, a relative, or any private organization in which he or she is deemed to have an interest. B) In the event that this section prohibits a municipal officer or employee from exercising or performing a power or duty: (1) if the power or duty is vested in a municipal officer as a member of a board, then the power or duty shall be exercised or performed by the other members of the board; or (2) if the power or duty that is vested in a municipal officer individually, then the power or duty shall be exercised or performed by his or her deputy or, if the officer does not have a deputy, the power or duty shall be performed by another person to whom the officer may lawfully delegate the function. (3) if the power or duty is vested in a municipal employee, he or she must refer the matter to his or her immediate supervisor, and the immediate supervisor shall designate another person to exercise or perform the power or duty. § 20-8. Prohibition inapplicable; disclosure, recusal and abstention not required. A) This code's prohibition on use of a municipal position (� 20-5), disclosure requirements (� 20-6), and requirements relating to recusal and abstention (� 20-7), shall not apply with respect to the following matters: (1) adoption of the municipality's annual budget; (2) any matter requiring the exercise of discretion that directly affects any of the following groups of people or a lawful class of such groups: (a) all municipal officers or employees; (b) all residents or taxpayers of the municipality or an area of the municipality; or (c) the general public; or (3) any matter that does not require the exercise of discretion. B) Recusal and abstention shall not be required with respect to any matter: 4 (1) which comes before a board when a majority of the board's total membership would otherwise be prohibited from acting by � 20-7 of this code; (2) which comes before a board when either New York State Law or the Town's rules require a super majority of the boards total membership to undertake any affirmative action and such recusal or abstention will result in less than the required number of members to take affirmative action to adopt or pass any resolution or local law. (3) which comes before a municipal officer when the officer would be prohibited from acting by � 20-7 of this code and the matter cannot be lawfully delegated to another person. 20-9. Investments in conflict with official duties. A) No municipal officer or employee may acquire the following investments: (1) investments that can be reasonably expected to require more than sporadic recusal and abstention under � 20-7 of this code; or (2) investments that would otherwise impair the person's independence of judgment in the exercise or performance of his or her official powers and duties. B) This section does not prohibit a municipal officer or employee from acquiring any other investments or the following assets: (1) real property located within the municipality and used as his or her personal residence; (2) less than five percent of the stock of a publicly traded corporation; or (3) bonds or notes issued by the municipality and acquired more than one year after the date on which the bonds or notes were originally issued. 20-10. Private employment in conflict with official duties. A) No municipal officer or employee, during his or her tenure as a municipal officer or employee, may engage in any private employment, including the rendition of any business, commercial, professional or other types of services, when the employment: (1) can be reasonably expected to require more than sporadic recusal and abstention pursuant to � 20-7 of this code; 5 (2) can be reasonably expected to require disclosure or use of confidential information gained by reason of serving as a municipal officer or employee; (3) violates section 805-a(1)(c) or (d) of the General Municipal Law; or (4) requires representation of a person or organization other than the municipality in connection with litigation, negotiations or any other matter to which the municipality is a party. 20-11. Future employment. A) No municipal officer or employee may ask for, pursue or accept a private post -government employment opportunity with any person or organization that has a matter requiring the exercise of discretion pending before the municipal officer or employee, either individually or as a member of a board, while the matter is pending or within the 30 days following final disposition of the matter. B) For a period of one year following termination of service as a municipal officer or employee, no municipal officer or employee may represent or render services to a private person or organization in connection with any particular transaction in which he or she personally and substantially participated while serving as a municipal officer or employee. C) No municipal officer or employee, at any time after serving as a municipal officer or employee, may represent or render services to a private person or organization in connection with any particular transaction in which he or she personally and substantially participated while serving as a municipal officer or employee. § 20-12. Personal representations and claims permitted. This code shall not be construed as prohibiting a municipal officer or employee from: (1) representing himself or herself, or his or her spouse or minor children before any of the board's committees or agencies of the Town; or (2) asserting a claim against any of the board's committees or agencies of the Town on his or her own behalf, or on behalf of his or her spouse or minor children. § 20-13. Use of municipal resources A) Municipal resources shall be used for lawful municipal purposes. Municipal resources include, but are not limited to, municipal personnel, and the municipality's money, vehicles, equipment, materials, supplies or other property. 6 B) No municipal officer or employee may use or permit the use of municipal resources for personal or private purposes, but this provision shall not be construed as prohibiting: (1) any use of municipal resources authorized by law or municipal policy; (2) the use of municipal resources for personal or private purposes when provided to a municipal officer or employee as part of his or her compensation; or (3) the occasional and incidental use during the business day of municipal telephones and computers for necessary personal matters such as family care and changes in work schedule. C) No municipal officer or employee shall cause the municipality to spend more than is reasonably necessary for transportation, meals or lodging in connection with official travel. D) No municipal officer or employee shall use Town of Wappinger stationary except in the normal course of business of the Town of Wappinger. Under no circumstances shall Town of Wappinger stationary be used by any officer or employee for personal or private use unrelated to the normal course of business of the Town of Wappinger. § 20-14. Interests in Contracts. A) No municipal officer or employee may have an interest in a contract that is prohibited by section 801 of the General Municipal Law. B) Every municipal officer and employee shall disclose interests in contracts with the municipality at the time and in the manner required by section 803 of the General Municipal Law. § 20-15. Nepotism. Except as otherwise required by law: A) No municipal officer or employee, either individually or as a member of a board, may participate in any decision specifically to appoint, hire, promote, discipline or discharge a relative for any position at, for or within the municipality or a municipal board unless such relative was reelected as a municipal officer or employee prior to the adoption of this Code of Ethics or prior to the municipal officer having assumed municipal duties. B) No municipal officer or employee may supervise a relative in the performance of the relative's official powers or duties unless such relative was reelected as a municipal officer or employee prior to the adoption of this Code of Ethics, or prior to the municipal officer having assumed municipal duties. 7 § 20-16. Political Solicitations. A) No municipal officer or employee shall directly or indirectly attempt to compel, compel or induce a subordinate municipal officer or employee to make, or promise to make, any political contribution, whether by gift of money, service or other thing of value. B) No municipal officer or employee may act or decline to act in relation to appointing, hiring or promoting, discharging, disciplining, or in any manner changing the official rank, status or compensation of any municipal officer or employee, or an applicant for a position as a municipal officer or employee, on the basis of the giving or withholding or neglecting to make any contribution of money or service or any other valuable thing for any political purpose. C) The Town Board may regulate political contributions in contracts for professional services that are not subject to competitive bidding in a manner consistent with constitutional rights of free speech and political association and that are not in conflict with any general laws of the State of New York. 20-17. Confidential Information. No municipal officer or employee who acquires confidential information in the course of exercising or performing his or her official powers or duties may disclose or use such information unless the disclosure or use is required by law or in the course of exercising or performing his or her official powers and duties. § 20-18. Gifts. A) No municipal officer or employee shall solicit, accept or receive a gift in violation of 805-a(1)(a) of the General Municipal Law as interpreted in this section. B) No municipal officer or employee may directly or indirectly solicit any gift. C) No municipal officer or employee may accept or receive any gift, or multiple gifts from the same donor, having an annual aggregate value of seventy-five dollars or more when: (1) the gift reasonably appears to be intended to influence the officer or employee in the exercise or performance of his or her official powers or duties; (2) the gift could reasonably be expected to influence the officer or employee in the exercise or performance of his or her official powers or duties; or I (3) the gift is intended as a reward for any official action on the part of the officer or employee. D) For purposes of this section, a "gift" includes anything of value, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form. The value of a gift is the gift's fair market value, determined by the retail cost of the item or a comparable item. The fair market value of a ticket entitling the holder to food, refreshments, entertainment, or any other benefit is the face value of the ticket, or the actual cost to the donor, whichever is greater. Determination of whether multiple gifts from a single donor exceed seventy-five dollars must be made by adding together the value of all gifts received from the donor by an officer or employee during the twelve-month period preceding the receipt of the most recent gift. E) A gift to a municipal officer or employee is presumed to be intended to influence the exercise or performance of his or her official powers or duties when the gift is from a private person or organization that seeks municipal action involving the exercise of discretion by or with the participation of the officer or employee. F) A gift to a municipal officer or employee is presumed to be intended as a reward for official action when the gift is from a private person or organization that has obtained municipal action involving the exercise of discretion by or with the participation of the officer or employee during the preceding twelve months. G) This section does not prohibit any other gift, including: (1) gifts made to the municipality; (2) gifts from a person with a family or personal relationship with the officer or employee when the circumstances make it clear that the personal relationship, rather than the recipient's status as a municipal officer or employee, is the primary motivating factor for the gift; (3) gifts given on special occasions, such as marriage, illness, or retirement, which are modest, reasonable and customary; (4) unsolicited advertising or promotional material of little intrinsic value, such as pens, pencils, note pads, and calendars; (5) awards and plaques having a value of seventy-five dollars or less which are publicly presented in recognition of service as a municipal officer or employee, or other service to the community; or (6) meals and refreshments provided when a municipal officer or employee is a speaker or participant at a job-related professional or 9 educational conference or program and the meals and refreshments are made available to all participants. § 20-19. Board of Ethics. A) There is hereby established a Board of Ethics consisting of five members, to be appointed by the Town Board, all of whom shall reside in the Town of Wappinger and who shall serve without compensation and at the pleasure of the Town Board of the Town of Wappinger. A majority of such members shall be persons other than town employees but shall include at least one member who is an elected or appointed town employee of the Town of Wappinger. B) Such members of the board of ethics shall serve without compensation for a term of two years commencing with the January following the general election of Town Board members, but at the pleasure of the Town Board. C) The members of such Board of Ethics shall be recommended by a Councilmember or the Supervisor and shall be appointed by the Town Board. D) Members of the Board of Ethics may not serve on any Board other than the Town Board. § 20-20. Duties of the Board of Ethics A) The board of ethics shall render advisory opinions to the officers and employees of the Town of Wappinger with respect to any matter identified in Article 18 of the General Municipal Law and this code. Such advisory opinions must be rendered pursuant to the written request of any such officer or employee under such rules and regulations as the board of ethics may prescribe. B) The opinions of the Board of Ethics shall be advisory and confidential, and in no event shall the identity of the town employee or Board member be disclosed except to authorized persons and agencies. C) The Board of Ethics shall have subpoena powers and may solicit the advice of legal counsel employed by the Board of Ethics, or if none, the Town's legal counsel. D) In addition, the board of ethics may make recommendations with respect to the drafting and adoption of a code of ethics, or amendments thereto, upon the request of the Town Board. § 20-21. Posting and distribution. A) The Town Clerk must promptly cause a copy of this code, and a copy of any amendment to this code, to be posted publicly and conspicuously in each 10 building under the municipality's control. The code must be posted within ten days following the date on which the code takes effect. An amendment to the code must be posted within ten days following the date on which the amendment takes effect. B) The Town Clerk must promptly cause a copy of this code, including any amendments to the code, to be distributed to every person who is or becomes an officer and employee of the Town of Wappinger. C) Every municipal officer or employee who receives a copy of this code or an amendment to the code must acknowledge such receipt in writing. Such acknowledgments must be filed with the Town Clerk who must maintain such acknowledgments as a public record. D) The failure to post this code or an amendment to the code does not affect either the applicability or enforceability of the code or the amendment. The failure of a municipal officer or employee to receive a copy of this code of ethics or an amendment to the code, or to acknowledge receipt thereof in writing, does not affect either the applicability or enforceability of the code or amendment to the code. 20-22. Promulgation of rules and regulations. The Board of Ethics, upon its formation, shall promulgate its own rules and regulations as to its form and procedures and shall maintain appropriate records of its opinions and proceedings. § 20-23. Use of Town Funds for Budgetary purposes. The Town Board shall annually appropriate enough moneys from the general town funds for the maintenance of, and for advisory services to, the Board of Ethics established hereunder, but such Board of Ethics may not commit the expenditure of the town moneys except within the appropriations provided herein. 20-24. Enforcement. Any municipal officer or employee who violates this code may be censured, fined, suspended or removed from office or employment in the manner provided by law. § 20-25. Effective Date. This Chapter shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law. 11 rnCaC�ca�caC?C?ca ca ® N N (N N N N N N N tC 'b" 4 4 moi` tii` et ct c CJ) a) 0) 0) 0') CD 0) Q 00 0 OL 00 C� r N C) {a' 'C o w CA o U G7 C as m as ira 0 Q c m c s. o C® UO) — c C c oo o o t 2mQlS 1 M , as ' R 0 CDQUa r- 0 0 Cao a Ca o p a) c ,E NZa- ILZ)LLcc: D -a as 00 co co 00 co car w o0 4) C'? C? O Ca C? C7 000 A �N N N (N N N N C' JN N 0).. 0) CF) CSa 0) l l 0. w co Ora w w w 0 w �Ir r r r 0 a C� Q O CD C) 00 N NN CN C%J N NCV N N CN 0) 0) a) 0) co CD m m 0 L E M m J.- .�_.+ ._r ` C na Imo"" C3 0cc LL C7 i9` LL L a- ZCL'mm0',:.}0U m � C)Z" a a F- m "2' nLL-0-27Q-0-0 CO E06_r_mmmco co 0 0 0 0 0 0 9-d,-a� F-hh-I v N r N M I�r LO (0 f- CO 0) ' .0 C? C? C) ' C7 0 Ca CD C) CD E 9 9 C? 01 C? C? C? 01 C? = "t et �t "t dt 't "f' 'T et Z N N CV CV C, N NCOtl N C3) 0) CSa 0)0) CF)m 0) 0) SIS Ca S 01010 C)IO le N N co Cal N W w le N e M Cal e co Cal N Q V OcI468(rev. 4/79) Zvi`;; ��9 �aN -C'J 2019 Budget Hughsonville Fire District Town of Wappinger County of Dutchess FILE WITH TOWN BUDGET OFFICER Fire District Secretary NEW YORK STATE DEPARTMENT OF AUDIT AND CONTROL DIVISION OF MUNICIPAL AFFAIRSI-E ALBANY, NEW YORK HE C HWEll Total Appropriations Less: Hughsonville Fire District Estimated Revenues Estimated Appropriated Unreserved Fund Balance Amount to be Raised by Real Property Taxes TAX APPORTIONMENT (to be used when fire district is in more than * Must agree with $ 926,732.16 $ 10,69,0.00 $ 0.00 %W Apportioned Tax = Oation (3) x Real Property (1)/(2) Tax to be raised %(3) $ %(3) $ %(3) $ 100% $ to be raise by Real Property Taxes". Apportioned Tax !t - Total Apportioned $ I certify that the estimates were: approved by the Commissioners of the Hughsonville Fire District on October , 2018 Kim Flower Fire District Secretary NOTE: File with the Town Budget Officer no later than November 7 Ih Hnhsonvillc Fire District 261 le N N 00 0 N W N 0 00 r N i Q .i v Actual Expenditures 2017 Budget as Modified 2018 Preliminary Estimate 2019. Adopted Budget 2019 Salary- Treasurer $ 13,393.00 $ 13,688.00 13,970.00 $ 13,970.00 Id Salary- Other Other Personal Services Af A341.0.1 Total Personal Services $ 35,802.43 $ 42,312.00 43, 43,150.00 A3410,2 Equipment $ 130,054,85 $ 159,731,3l 25.94 $ 166,325.94 A341.0.4 Contractual Expenses $ 239,285.16 $ 3 94. wrl $ 356,251.04 $ 356,251.04 A1930.4 Judgments & Claims A901.0.8 State Retirement System $ 4,VN $ '000.00 $ 15,000.00 $ 15,000.00 A9025,8 Local Pension Fund , .00 $ 60,000.00 $ 60,000.00 $ 60,000.00 A9030,8 Social Security 94 $ 4,500.00 $ 5,000.00 $ 5,000.00 A9040.8 Workman's Compensation 39,577.49 $ 50,000.00 $ 50,000.00 $ 50,000.00 A9050.8 Unemploy uran $ 309.51 $ 4,000.00 $ 2,000.00 $ 2,000.00 A9060.8 I-Iospita Ac i ', Ins ical A908 ntal Benefits to ed Firemen. A97 edemption of Bonds A9785.6 an Interest $ 23,384.69 $ 24,220.07 $ 20,489.17 $ 20,489,17 A9710.7 Interest on Bonds A9785.7 Loan Principle $ 110,050.49 $ 109,21.5.11 $ 112,946.01 $ 112,946.01 A9901.9 Transfer to Other Funds $ 240,783,83 $ 80,000.00 $81,600.00 $ 81,600.00 TOTALS $ 886,790.00 $ 908,560.94 $ 926,732..16 $ 926,732.16 261 le N N 00 0 N W N 0 00 r N i Q .i v Hnhsonville Fire District ESTIMATED REVENUES A2410 Rentals A2660 Sales of Assets $75,000.00 A2701 lRefunds of Expenditures A2705 I Gifts& Donations Misc. (Specify) PILOT 1 $8,736.00 A2770 A2770 A3389 State Aid, Other Public Safety (Specify) AL Federal Aid, Other P A4389 Safety (Specify ) A5031 Interfund M 5.00YF $ 10,000.00 1 $ 10,000.00 $ 87,279,45 1 $ 8,700.00 1 $ 10,690.00 1 $ 10,690.00 Actual Budget as Preliminary I Adopted Revenues Modified Estimate Budget 2017 2018 2019 2019 Fire Protection & Other A2262 Services to, Other Districts and Governments 14 A2401 Interest and Earnings $3,543.45 $2,245.00 $690.00 AL.$ 64-00 A2410 Rentals A2660 Sales of Assets $75,000.00 A2701 lRefunds of Expenditures A2705 I Gifts& Donations Misc. (Specify) PILOT 1 $8,736.00 A2770 A2770 A3389 State Aid, Other Public Safety (Specify) AL Federal Aid, Other P A4389 Safety (Specify ) A5031 Interfund M 5.00YF $ 10,000.00 1 $ 10,000.00 $ 87,279,45 1 $ 8,700.00 1 $ 10,690.00 1 $ 10,690.00 '10 PE , RNASOR R i,J-Iard L. I hurSMfl F%eclifive Ass�slant "'andra vacchio wN 4L t ()Vw NAA %AAJTN6Lk r,S t 20 7 11 °;8 - V11 a 1111 8 - 1 2 9 7 -.2 7 1 (Pltcuk ^ I is 2,) 7, I , �aw, TOWN OF WAPPINGER NOTICE OF AWARD Office ot"the "Yown Supervism- TO)VA BOAR D 'A H han'l I R Bcale ."Ugch IMJna Rohen A. Johnston Michael Ku/mo, TONVA CLEAK Joseph 11. Pa(dmli 111CAIWAY SUPERINTENDENT Virh:emB&idm Dated: September 17, 2018 TO: Trademark Custom Building & Woodworking ADDRESS: 4 Union! Street Pawling, NY 12564 OWNER'S PROJEC-fNO. W21805 PROJECT: Town of Wappinger SCULATHAUS PARK BUILDING IMPROVEMENTS OWNER'S CONTRAur NO. 18-004 CONTRAC"I" F'OR: Cy'eneral Construction You are notified that your proposal dated August 31, 2018 for the above Contract has been considered. You are the. apparent successful bidder and have been awarded a contract lbr: General Construction Contract (Base Bid Plus Add All. #l) The Contract Price of your contract is: S89�,585 Hiree (3) copies of each of the proposed Contract Docunients will be provided at the contract signing Pre Construction Conference."Three sets of Drawings/specs will also be provided. YOU MUSt COrnply With the following conditions precedent within ten (10) days of the date of this Notice of Award, which is by September 28, 20t& L You must deliver at the Contract Signing / Pre -Construction Conference the Contract Security Signing (Bonds) and insurance (111SUrarICC Certificate) as specified in the Proposal Request. 2. YOLII'YILIStclelivei-al)t°eiiiiiifiarypro.iectSchedule. Failure to comply with these conditions within the tirne specified will entitle OWNER to consider VOL11' bid abancloned and to annul this Notice of'Aard. Within ten clays after You comply with those conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract DOCUrnents attached, nm --zEOVER SEP 17 2018 By: TOWN OF WA,PPING'6R Robert John TOWN CLERK ED sk"I\A FU[u?) Deputy SU[.)erViS0r, "town of WappinC11ger I �429190 1. A OF APPEALS SECRETARY Bea Ogunti - Ext 122 September 17, 2018 I N11 111,11 1- 5 ZONING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-1373 Fax (845), 297-0579 wwww townofwappinlgenus I Mr. Atallah A. Nesheiwat Mr. Joseph M. Nesheiwat 852 Freedom Plains Road Poughkeepsie, New York 12603 RE: Performance Bond —Bond #77518,OS Maloney Heights Subdivision Dear Mr. Atallah A. Nesheiwat & Mr. Joseph M. Nesheiwat, This is to inform you the above mentioned Performance Bond in the amount of $384,000.00 is due to expire on November 19, 2018. SUPERVISOR Dr, Richard L. Thurston TOWN 130.-kRD William 1-1, Beale Angela Bettina Robert Johnston Michael Kuzinicz This letter is to formally notify you that this office will expect you to furnish a replacement Bond or renewal in the amount of $384,000.,00 by no later than October 20, 2018. Thanking you in advance for your cooperation. Sincerely, Aarbara Roberti Zoning Administrator Ce: Town Clerk Mr. Al Roberts r- TOWN OiF WAPPINGER TOWN CLERK ZONING ADMINISTRATOR Barbara Roberfl - Ext. 128 OF APPEALS SEI � EI CRETARY Bea Ogun:ti -%li Ext 122 TOWN OF WAPPINGER ZONING DEPARTMENT 20 MIDDLEM-)SH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-1373 Fax (8,45) 297-0579 SUPERVISOR Dr. Richard L. Thurston TOWN BOARI) William H, Beale Angela Bettina Robert Johnston Michael Kimiiicz To: Joseph Paolorti, Town Clerk From. Barbara Roberti, Zoning Administrator Re: Schedule of Performance, & Mainte nee �Bonds for the month of October 2018 HIECIEMED September 17, 2018 SEP 17 2018 PERFORMANCE BONDS TOWN OF WAPPINGER TOWN CLERK SUBDIVISION (Sub.) SECURED SITE PLANS (SP) BY AMOUNT CALL EXPIRES STATUS All Anzels H&s. Subdivision Cash Deposit $104,427.60 No expiration date -accepted by TB 10-17/16 Hilltop Village -Toll Land'V' Surety Bond $462,457.00 #39B SBGG1368 Hilltop Village-T'oll Land V Surety Bond $15,5,800.00 ( Sidewalks, Street TreesLighting) #SU1133194 Maloney Heiuhts Subdivision Bond $384,000.00 (Attalah & Joseph Nesheiwat) 4775180S No expiration date No expiration date 9/10/18 11/19/18 -reduction accepted by TB 9/29/15 -2"d reduction accepted by TB July 23, 2018 -accepted by TB 2/25/08 Packet Pg. 89 !t. Ridges Subdivision Letter of Credit $104,464.80 5/1/19 6/30/19 MAtNTENANCE BONDS SITE PLAN RESTORATION BONDS Calvary Chapel of the HN. Cash Deposit $ 41,600.00 Fur'nia Subdivision Cash Deposit $7,500.00 Old Hopewell Commons Cash Deposit Osborne Square Cash Deposit $5,000.00 $2,000.00 Prestize Ntini Cash Deposit $4,640.00 Cc: Planning Board Robert Gray Town Board Vincent Bettina Albert P. Roberts, Esq. File -Reduction accepted by the TB 6/26/17, -Accepted by TB on -a February 24, 2014. _Oj Released upon Resolution Approval w/ signed maps 0 -Accepted by TB on March 12, 2018 0 0 Released upon C14 Resolution Approval c� w/ signed maps CO C� 0 -Accepted by TB on LU August 6, 2018 le Released upon C� Resolution Approval IM 9 w/ signed maps CO -Accepted by TB on Q April 11, 2016 E Released upon Completion of < Dumpsters -Accepted by TB on March 24, 2014. Released upon Resolution Approval w/ signed maps Packet Pg. 90 MARCUSJ. MOLINARO C"our,oy E. , X F (� L J I I V F� COUNI'Y OF Du-r,CHESS I) E- FYN I,," F M E 1,1.1.. 11h E3 LI, IA , 0 : L A N 0 N1 N1 U N Y F A, li,'Il I- i DI %, d�i I( C 'If, E-, v, k I �0 )NIVI EN I'A I 'i �M T a 6 H�,'K E S Town of Wappinger Town Board 20 it :r Road WapUingers Falls, NY 12590-0579 SUPERVISOR OFFIC Re'. United Wappinggency interconnection to Village of Wappinge Falls Water System and Town of Poughkeepsie Water System, Connection of Woodhill Green to the Village of Wappingers Falls Water System United Wapod Wastewater Treatment Facility and Woodhill Green Connection to Tri -Municipal WWTP via Village of Wappingers Falls SEQR Town of Wappinger Ill -r -M-141 "I 00M We are in receipt of your submission to this office for the above noted proposai. Based on the preliminary information provided via the SEQR dOeUments our input to you is as follows: 2. Detailed plans and specifications will have to be submitted to this Department from a licensed professional for, review and approval of the proposed public drinking water dsn system improvements. 3. Detailed plans and specifications will have to be submitted to this Department by a New York State licensed professional for review and approval of the proposed sanitary sewer infrastructure improvements. Very truly yours r !,eI V, Daniel J. Keeler, P.E, Senior Public Health Engineer Environmental Health Services NO ECENED ,J223 NlIaIn Sn eo, Bexon, r4r,-w York 12508 - 845) 838-4801 - Fax (845) 838-4824 J131 County Houso Road, MevvYork 12545 - (845) 677-4001 - Fax+845) 677 4008 485 Givic Pllam - 5�w:e 106, Ihqighkimipsie, New Y 1. 601 - (341r I,36 3W4 - @�ax (84 486 354 , - M( l84S� 186 1,1L7 Hea I It h I nfo @ E) utches N Y, gov 0 u t. c h ess IN Y, gov/ D B C'H CHELSEA FIRE DISTRICT' 2018 FUND BALANCE ESTIMATE Beginning and Balance (01/01/2018) (+) Actual Revenue through July (+)Estim,ated Revenue Aug. -Dec. (-)Actual expenditures through July (-)Estimated Expend itune s(Aug.-Dec.) (-)Transfers to reserves Lynne Sheppard? Treasurer Date affffiffism CHELSEA FIRE DISTRICT NOTICE OF PUBLIC HEARING ON THE 201.9 BUDGET NOTICE IS HEREBY GIVEN that the Proposed Budget of the Chelsea Fire District of the Towns of Fishkill and Wappinger, State of New York, will be presented to the Board of Fire Commissioners of the Chelsea Fire District, for its consideration. A PUBLIC HEARING will be held at 7:00 p.m. at the Chelsea Fire District Office, 15 Liberty Street, Chelsea, New York 12512, in the Town of Wappinger, State of New York on Tuesday, the 16th day of October, 2018. Pursuant to Town Law 105, the Board of Fire Commissioners must hold a public hearing on the budget, make the proposed budget available to the public prior to the public hearing, and allow the public to comment on the budget at the public hearing. This public hearing must be held to allow maximum public participation in the hearing. The purpose of the public hearing is to allow any person to be heard in favor of or against the proposed budget as it is submitted, or for or against any item or items contained in the proposed budget, and hearing all persons interested in the subject concerning same. That a copy of the proposed budget is available at the Office of the Town Clerk and of the Town of Fishkill, Route 52, Fishkill, New York 12524 and at the Town of Wappinger, Middlebush Road, Wappingers Falls, New York 12590 and Chelsea Fire District Secretary at 15 Liberty Street, Chelsea, New York 12512 by calling 845-831- 6244. 45-831-6244, Dated: September 10, 2018 Board of Fire Commissioners CHELSEA FIRE DISTRICT 15 Liberty Street Chelsea, N.Y. 12512 -FIRE, DISTRICT Total .Appropriations (from page 19) Less: Estimated . Revenues (ft-orn page 20) Estimated .Appropriated Unreserved Fund B2-12nce Amount to be Raised by Real Property Taxes TAX APPORTIONMENT (to be used when fire district 15 in more than one town) ASSI'SSI'D IQUALIVATION I FUJJ. I Tr)r-al Full Vnluntlon Appor6oncd]'nv VALUATION RATF. I VALUATION Purccnlig (1) X Rczl Pfop�:rty (AV J:R) I (1)1/ (2) TaLN to bc Riscd z IVI J 'M I 0) S S 3go Must igrcL: Nvith Budgct Summary " Amnunt to'be ra;!ud by RL -ad 1'ropL7rLyT'.1-xcs" TOWN AILIPORTIONED TAX X NOTE: File with Town Budget Officci by 1'ovcn-iber 20 Mcceinber 20 in Westchester and Montoe Co-Lifitics). A9025.8 APPROPRIATIONS �[ F606e .9030.8 tietzial Budget as Preliminary adopted Workers' Compensation Expenditures Modified Estimate Budget Unemployment Insurance 20_Ll .20-/,9 20 ` 20_ Sal ri' - Treasurer :accident Insurance $ Salary _ Other � �L � � 3 0 . 7 311�< Other Pers®nal Seng Ices c t�,�_ – CIO A3410.1 Total. Peisonal Services $ 4, $ 6 906 � $1616), A3410.2 Equipment ` ' Y/ X3410.4 Contra cLual Expenditures A1930.4 Judgments and Claims A9010.8 Statc Retirement System t� A9025.8 Local Pension Fund �[ F606e .9030.8 Scicial Security f�7 A9040.8 Workers' Compensation ;197____,.7 A9050.8 Unemployment Insurance Transfer to Other Funds A9060.8 1--losl)it2l, TvIedicaland :accident Insurance 719085.8 Stapp. Beriefrt l'aymerits to Totals /,0 190L,% Disabled. FiteEighters .x19710.6 RcdernpGon of Bonds A97-6 Redemption of Notes A971Ci.7 Interest on Bonds ;197____,.7 lnteiest on Notes 119901.9 Transfer to Other Funds Totals /,0 190L,% r s'i�,l', * Transfer to Budget Sus-nma.q, ptige 18 Packet Pg. 95 A2262 Fire Protection -ind Other Services to Othcj: Districts ',Aild G cw-ertl tile n ts A2,101 Interest .ind F-irnings A2410 Rentals A2660 Sales of Assets ::12701 Refunds sal 1'...xpericlitures A270)5 Gifts and Donations Miscellaneous (specify) A2770 A2770 ESTIMATED REVENUES -.;13389 State Aid, Other Public S-'Ircty (spCcjfy) A4339 Federal Aid, Other Public 'S-'iccty (Speclik') A5031 Interl'wid'Frinsfers -Totals Actual Budget as Preliminary Adopted Revenues Modified Estimate Budget ?OJ 20/0 -1-0 20 -LI 1 20 -.I— $ $ C) Co cD 0 —0 ----------------------- . ...... $ $ 0- 0 * J-�/' s-IL-2/LL, !t. * Tr2n9rcr to Ii-Lidger Summary' page 18 20 Accouwwts .6wt) REPOf'TING MANUAL r-oi? FRE DISTRICTS FIRE, DISTRICTS WORKS1JRET A CC?Iw PUTAUION OF STATUTORY SPENDING LIl' ITAT ION Di,,-ide the assessed valuation of the real property subject to taxation by the fire district as sh6, ira on each assessment roll for the district completed in the second calendar year.pn'or to that in which alae expenditures are to be inade, by the town equalization rate established For each roll by the State Office of Real Property Services_ (Example: For budget prepared in year 2 (current year) and taxes to be raised and expended in year 3 {next }'ear), use assessment roll cornpleterl hi year 1 (last year) dii ded by the town equalization rate established for this assessment rolls Note: A different equalization rate is established for each year's assessment roll.) - Town Assessed Valuations (V) Equalization Rates (ER) full Valuations (AV/ER) 1r�P2 r ;n _ _rpil 002 J aD 2 .. ' 1 Total Full Valuations $ 706 '-; 6) � Less i'ar5t Nitilion of Full Valuation 1,000,000 1,xcess Over First Nfillion of Full Valuation 0 ` 0 0 e Multiply Excess by One NU -156 x -0101 Expenditures Permitted on Full Valuation Above $1,000,000 $ Add Expenditures Permitted on Full Valuation Below Forst $1,000,000 Statutory Spending I.imitation for 20_1'$ 7e / Acid Exclusions from Statutory Spending Limitation (Town R.au; Section 176(18) (from Worksheet R3) Add Spend�7g Authorized by Voters in Excess of Statutory Spending Lirniration Fwmi Law, Section 1.7)) (Proposition Adopted on ) 2 , �—��W F, Surn of Statutory Spending Lirodtatton, Exclusions and Excess Spending Authorized by Voters Less Budget AppropMi tions 601._ Statutory Spending Limitation Marg-irx BUDGETWc 2.1 FIRE DIS` PJCTS WORKSHEET B EXCLUSIONS FROM STATUTORY SPENDINIG LIMIT&TION 1) Payments under contracts made pursuant to subdivisions 12 and 22. of Section 176 of the Town Law- a v:Subdivision Subdivision1.2 - A contiact for a supply of Nater and for furnishing, erecting, iriaintaining, caring for and replacing fire hydrants. Subdivision 22 - A contract for fi>rn.islung fire protection Within the fire district, includ.iuig emergency services and general ambulance services_ 2) Payments under a lease to provide a supply of water for fire fighting purposes made pursuant to Subdivision 12-a of Section 176 of the Town Law, a) P incipal and interest on bonds, bond anticipation notes, capital notes and certain budget motes, and interest on certain tax anticipatiori notes. _ 4) Compensation of paid fire district officers, fire department officers, fn.efighters and other paid personnel of the fire department, including enefits. fringe benefits.- 1 5) 5) District's contribution to the New York State and Local Employees' Retirement System and the New York State and Local. Police and Fire Retirement Systemm 6) Payments made when participating in a county self-insurance plan under theWorkers' Compensation Law. 7) Insurance preuiiurus and ariv payments required as a self -insurer, pursuant to Volunteer Firefighters' Benefit Law and \''orkers' Compensation Lary, less the amount of certain recoveries of benefits and compensation. 8} Payment required annually to fund senlce awards to volunteer firefighters made pursuant to Article 1.1-1- of the General I,Iuniciprd Law 9)_.._._._ Cost of blanket accident insurance to insure volunteer firefighters against injury or death resuiting from bodily injuries suffered in the performance of their duties. _ _m 149) Certain payments for the care and trcatrnent of paid firefighters for disabilities incurred in performance of dui},. 11) District's conuibutions for Social Secu'ty. /. . Subtotal. to carry forward (to next page) _..__ � �—A4 22 ACCOUNTING AND RIEPO 2TING MANUAL ror�, FdRr DrsTRicrs FIRE DISTRICTS EXCLUSIONS FROM STATUTORY SPENDT_NC LIMITATION (cont'd) Packet Pg. 99 LE cV CV 00 r 0 cV v> LU w le CV M 0 00 0 cV i d E v Subtotal carried forward: (from previous page) 12) Payment of principal and interest on tax arincipation notes for new fire districts. 13) Payment of compromised clairris and judgments under Subdivisions 0 28 and 30 of X176 of the Towns Law 14) Cost of insurance secured to indernnifyr the Fare distract against liability arising out of ownership, use and operation of a motor vehicle owned by the hre district. 15) Payment of monetary awards to individuals pursuant to Subdivision 31 of 5176 of the'T'own Law. 16) Cost of fuel for the Fire districts emergency -vehicles, including fuel � tax carryoversa 17) _ Cost of annualindependent audits required by Section 181-A of the oo Town Law for fire districts With revenues of $200,000 or more. - � 8) Appropriations to, or expenditures from., most reserve funds established pursuant to the General Municipal Lave 19) District's coritxibution to the Suite's unemployment insurance Fund for paid officers and employees. 20) Amounts received Fronr fire protection, emergency reserve and enteral ambulance contracts. 21) Use of gift proceeds. 22) Use of mi su.rance proceeds received for the loss, theft, darnage or destruction of real or personal property - when applied to repair or replace such property, �^ ^ 23) Use of preaniurns from the sale of distract obligations, the unexpended portion of the proceeds of fire district obligations, and the interest and gains realized on the investment of the proceeds of district obligations. Total Exclusions from Statutory= Spending Limitation (to Work -"sheet A) $ Packet Pg. 99 LE cV CV 00 r 0 cV v> LU w le CV M 0 00 0 cV i d E v FIRE DISTRICTS WORKSHEET C OTHER EXCLUSIONS TI~+OM STAT"uroRy SPEN SING LI T: SATION BORROWING AN RESERVE FUNDS NO1 _ The. items shown above also represent exclusions from the stat-utory spending limitation. However, the arnounLs associated with these items may not be availahe at bi)dget preparation tune. Therefore, this worksheet should be used duriflg the fiscal year and at )Fear's end to help deterrnine if your district has stayed within legal recluuernents. b 24 ACCO,rMNG AND RCEPOHYMMAPUAL FOR F=RE D;srmcTs Use of the proceeds of lends, bund. arnticipation notes, capital notes or certain budget notes. E2)1) Expenditures from most reserve funds established pursuant to the t General. Municipal Lau $ 3) Use -of prerniums From the sale of obligations, the unexpended portion of the proceeds of fire district obligations, and the income and capital gains from the investment of the proceeds of obligations. $ NO1 _ The. items shown above also represent exclusions from the stat-utory spending limitation. However, the arnounLs associated with these items may not be availahe at bi)dget preparation tune. Therefore, this worksheet should be used duriflg the fiscal year and at )Fear's end to help deterrnine if your district has stayed within legal recluuernents. b 24 ACCO,rMNG AND RCEPOHYMMAPUAL FOR F=RE D;srmcTs NY 12590 WWW.TOWNOFWAPPINGER.US J TOWN OF WAPPINGER oqoc 0 q /-C�q RECREATION DIRECTOR Jessica Fulton RECREATION COMMITTEE CHAIR Ralph Holt Recr, ")ep:�-,,�rtment Cc A iiI "ol -instol.l., Cuun, ' C) h-, RECREATION] SECRETARY Donna Lenhart 'Aunist Revenue Report the Recreation Department/Se11101- ing our lie", <1i1�,I al $,n We begail Uw -c, going forwai -d all reports Nvill Vu Plc -Ise ne itis any questions or concerns Ir I-L"ct o e S u rrum a r , f r 07/01/2018 to $575.00 $400.00 Ndom, Vendor $175,00 Ovv C Cc):,:winIttee l.-,'ociai (h.1jartz) $150.00 stun) $125.00 $125.00 $25.00 Robinson) )cm: 'F $650M 1, ,c A0000.2001 $160,00 11:c �11, �eql.,Tnsr's $150.00 BOOO.2001 $36.00 $36,00 !t. SF'ql,, B,ANK 2 -,,,.,"COUNT $560M $560,00 L90/� �vq Add I I I I I t. la1iq,"& September 18, 2018 Richard Thurston, Supervisor and Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 RE: Town of Wappinger United Wappinger Water District Meadowwood Filtration Improvements Contract 17-001 Bid Recommendation CPL 400179.26 Dear Supervisor Thurston and Town Board: as 0 i 0 cn 0 It 04 Cr CO T - On September 10, 2018, a total of one (1) bid for the above referenced prqjcct were Q C� received. 'I'lic bid results are as follows: 0) LIJ W Contractor Base Bid Price le C�4 IM Eventus Construction Company, Inc. $530,000 9 CO 04 "Phis office has completed our review of the above bid proposals. Although only one (1) Q bid was received, a total of ten (10) bidders picked Lip bid documents and the bid opening E date was also extended to allow for additional th-nQ in Submitting bids. This office has previously worked with Eventus Construction on a similar water treatment facility improvement prqject and it was found that the Contractor suitably performed work on that project and would also be able to perform the work specified in this contract, This office reviewed the Eventus Construction Company, Inc, submission and found that it was in general conformance with the bid submittal reqUiremQrItS. It is therefore recommended that the Base Bid contract be awarded to Eventus Construction Company, Inc. in the contract amount of $530,000. A copy of the bid proposal received froth Eventus CO11StrLJCtiO11 Company, Inc. has been included with this letter. A Notice of Award will be prepared for this project after discussion and authorization at the next Town Board meeting. ggft V V ('I h I Uld Richard Thurston, Supervisor Town of Wappinger RE: Town of Wappinger United Wappinger Water District Meadowwood Filtration Improvements Contract 17-001 Bid Recornmend,.ition September 18, 2018 Page 2 of 2 if you have any questions concerning the above information, please feet free to contact me at (914) 475-5749, Very truly YOUB, Cla ,ylftatterson Lee (CPL) Robert Gray, I Engineer to th Fredrick Awino, Town of Wappinger Accountant (w/enc.) Joe Paoloni, Town Clerk (w/enc.) Jim Horan, Escl (w/enc) Michael Tremper, Cameo Pollution Control (w/enc.) of 4`,Y2008\W20802 United Wapp WateT\W20802.126 Hilltop Wells Meadm"vood I.,Jpgradc\llid(Iiiig"Metidi)wvcvou(I\Coiitract-1 7-001..,_Award rec..-091818.doc 0 0 cn 0 C14 C� CO C�4 (1) Lij W It CV Im 9 CO C14 Q E 0 TOWN JUSTICE HEATHER L. KITCHEN September 19, 2018 c9o/�/Oq 1121 i r]PnWl%T OF WAVDYT*JV-1W"P 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 RM, 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 PM. Supervisor Thurston and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 Re: Carl S. Wolfson, Town Justice Report for the month of August, 2018 Dear Supervisor Thurston and Members of the Town Board; 2018; The following is a report of the cases disposed of during the month of August, TOWN JUSTICE CARL S. WOLFSON 22 Penal Law matters resulting in $475.00 collected in fines and fees. 258 Vehicle and Traffic Law matters resulting in $21,723.00 collected in fines and fees. 27 Civil matters resulting in $200.00 collected in fees. 2 Town Ordinance matters resulting in $250.00 collected in fines. 2 Encon matters resulting in no money collected. 2 Transportation Law matters resulting in $150.00 collected in fines. I Bail poundage resulting in $75.00 collected. 21 Termination of Suspension fees resulting in $1,470.00 collected. I have forwarded a check in the amount of $24,343.00 to the Town of Wappinger Comptroller. Additionally, I am holding $20,785.00 in pending bail. t I sub 'tt ".Carl S. Wolfson, Town Justice cc: Joseph Paoloni, Town Clerk F - P 19 201B TOWN OF WAPPINGER TOWN CLE co 'C a �o �2 CD cu 4) " (U C6 co Lo w 's 15 z a) CD r 2 "T U) w co Q) 0 CIL m - 7 F- c) uj CD to 00 M Z w > 2 a >6 cm as r W U 0 as te m m mi CL 'C,r- .0 y. 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Z I bi U 7 z 1 0 U ic z LEGAL NOTICE TOWN OF WAPPINGER NOTICE OF PUBLIC HEARING ON THE PROPOSED BENEFIT ASSESSMENT ROLLS FOR FISCAL YEAR 2019 FOR SPECIAL IMPROVEMENT DISTRICTS AND SPECIAL IMPROVEMENT AREAS IN THE TOWN NOTICE IS HEREBY GIVEN that the Town Assessor of the Town of Wappinger, Dutchess County, New York, has filed proposed assessment rolls for those properties within the Special Improvement Districts or Special Improvement Areas in the Town of Wappinger for Fiscal Year 2018, pursuant to Town Law § 239. PLEASE TAKE FURTHER NOTICE that pursuant to § 239 of the Town Law, the Town Board will conduct a Public Hearing at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, starting at 7:30 p.m. on Monday, October 22, 2018 to hear any objections which may be made to the proposed benefit assessment rolls for the following: SPECIAL IMPROVEMENT DISTRICTS: United Wappinger Water District Fleetwood Manor Water District United Wappinger Sewer District Wildwood Sewer District Fleetwood Manor Sewer District Mid -Point Park Sewer District The Regency at Wappinger Lighting District Keenan Acres Drainage District Blackwatch Farms Drainage District Meadowood Drainage District Tuscany Subdivision Drainage District SPECIAL IMPROVEMENT AREAS: WST/TIA — Phase 3A Sewer Improvement Area 95 Wappinger Sewer Improvement Area No. 1 Watch Hill Sewer Improvement Area Watch Hill Water Improvement Area PLEASE TAKE FURTHER NOTICE that copies of the proposed benefit assessment rolls have been filed in the office of the Town Clerk, at Town Hall, 20 Middlebush Road, Wappingers Falls, New York and are available for inspection during regular business hours on Monday through Friday from 8:30 A.M. to 4:00 P.M. Dated: September 24, 2018 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI, TOWN CLERK LEGAL NOTICE TOWN OF WAPPINGER NOTICE OF PUBLIC HEARING TO HEAR ANY OBJECTIONS TO THE PROPOSED CAPITAL BUDGETS, O&M CHARGES, WATER/SEWER RATES AND RENTS FOR SPECIAL IMPROVEMENT DISTRICTS AND SPECIAL IMPROVEMENT AREAS FOR FISCAL YEAR 2019 NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess County, New York, has completed the proposed budgets for the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger. In accordance with the preliminary budgets, the Town has established proposed capital budgets, quarterly operation and maintenance charges, rates and/or rents to be levied and charged against those properties within the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger in order to finance their capital needs and operation and maintenance charges during calendar year 2019. PLEASE TAKE FURTHER NOTICE that the Town Board will conduct a Public Hearing at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, starting at 7:30 p.m. on Monday, October 22, 2018 to hear any objections which may be made to the proposed capital budgets and proposed quarterly operation and maintenance charges, rates and/or rents for the following Special Improvement Districts and Special Improvement Areas: SPECIAL IMPROVEMENT DISTRICTS: Town -wide Ambulance District United Wappinger Water District Fleetwood Manor Water District United Wappinger Sewer District Wildwood Sewer District Fleetwood Manor Sewer District Mid -Point Park Sewer District Cameli Lighting District Chelsea Lighting District Hughsonville Lighting District The Regency at Wappinger Lighting District Keenan Acres Drainage District Blackwatch Farms Drainage District Meadowood Drainage District Tuscany Subdivision Drainage District The Hamlet Conservation Park District Fieldstone Conservation Park District Kendall Farms Conservation Park District SPECIAL IMPROVEMENT AREAS: WST/TIA — Phases 3A Sewer Improvement Area 45 Wappinger Sewer Improvement Area No. 1 Watch Hill Sewer Improvement Area Watch Hill Water Improvement Area PLEASE TAKE FURTHER NOTICE that copies of the aforementioned proposed budgets have been filed in the office of the Town Clerk, at Town Hall, 20 Middlebush Road, Wappingers Falls, New York and are available for inspection during regular business hours on Monday through Friday from 8:30 A.M. to 4:00 P.M. Dated: September 24, 2018 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI, TOWN CLERK -2- oARCHI"TEC'11)RE IMENGINEERING PLANNING (03 2 0 20A September 18, 2018 Richard Thurston, Supervisor and Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 RE: Town of Wappinger United Wappinger Water District Meadowwood Filtration Improvements Contract 17-001 Bid Recommendation CPL #60179.26 Dear Supervisor Thurston and Town Board: On September 10, 2018, a total of one (1) bid for the above referenced project were received. The bid results are as follows: Contractor Base Bid Price Eventus Construction Company, Inc. $530,000 This office has completed our review of the above bid proposals. Although only one (1) bid was received, a total of ten (10) bidders picked up bid documents and the bid opening date was also extended to allow for additional time in submitting bids. This office has previously worked with Eventus Construction on a similar water treatment facility improvement project and it was found that the Contractor suitably performed work on that project and would also be able to perform the work specified in this contract. This office reviewed the Eventus Construction Company, Inc. submission and found that it was in genera[ conformance with the bid submittal requirements. It is therefore recommended that the Base Bid contract be awarded to Eventus Construction Company, Inc. in the contract amount of $530,000. A copy of the bid proposal received from Eventus Construction Company, Inc. has been included with this letter. A Notice of Award will be prepared for this project after discussion and authorization at the next Town Board meeting. C6 CV E !t- COC11R1 ARC1-111_E'JE LWENGINKRING IDI.ANNING Richard Thurston, Supervisor Town of Wappinger RR: Town of Wappinger United Wappinger Water District Meadowwood Filtration Improvements Contract 17-001 Bid Recommendation September 18, 201.8 Page 2 of 2 If you have any questions concerning the above information, please feet free to contact me at (914) 475-5749. Very truly yours, C]VaffPatterson Lee (CPL) rcit itecture, Engineeripg� Robert Gray, Engineer to t Encl. cc: Fredrick Awino, Town of Wappinger Accountant (w/enc.) Joe Paoloni, Town Clerk (w/enc.) /Jim Horan, Esq (w/enc) Michael 'rremper, Camo Pollution Control (w/enc.) of W Ekdocumenls%T Wappingerka W2008\ X20802 United Wapp WaterNW20802,126 Hilltop Wells Meadowwood Upgrade\Biddirig\Nfcadow�voodSContract—I 7-00 [—Award rec-091 81 Mac. CIO Me Id 0 0 fl "C! t° Co W 11.1.a a� o. v Uw v � o � Q Co o .� o o -, ca cV CV o 0 U) Co o cV U U w v Q PQ p o �-+ d P� O Q E � o 0 C O O O Q e W L d Q Q F- O U C CV o � Z a �t E O � � v Q W Packet Pg. 115 ' 1x7077 TOWN OF WAPPINGER UNITED WAPPINGER WATER DISTRICT MEADOWWOOD FILTRATION PROJECT CONTRACT NO. 1.7-001 DIVISION 200 BID FORM PREPARED BY: RECEIVED SEA 10. 2018 TOWN OF WAPPINGER TOWN CLERIC MORRIS ASSOCIATES ENGINEERING & SURVEYING CONSULTANTS, PLLC 9 ELKS LANE POUGHKEEPSIE, NEW YORK 12601 MAY 2017 REVISED .JULY 2018. MA# W20802.126 THE BIDDER SHALL RETURN THE COMPLETE DIVISION 200 DOCUMENTS, WITH ALL FORMS.FULLY COMPLETED AND SIGNED, AND WITH REQUIRED ATTACHMENTS, -TO THE TOWN CLERK AS THE BID PROPOSAL, NO PAGE SUBSTITUTIONS SHALL BE MADE. ANY PAGE SUBSITUTIONS SHALL RENDER THE BID INVALID. v L 0 U as L 3 Q 0 0 N N co 0 N e N Lu t. MEADOWWOOD FILTRATION PROJECT TOWN OF. WAPPINGER CONTRACT NO. 17-001 TO THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK RECEIVED SEP 14 20% TOWN. OF WAPPI,NGER TOWN CLERK • . Pursuant to and in compliance with•your invitation to bid contained in the Notice to Bidders dated July 23 2018 (month) (day) (year) the undersigned hereby proposes to furnish all labor, machinery, equipment, facilities, tools, transportation, supplies, materials, 'insurances, . permits, certificates, tests, guarantees, protection of equipment and property and life during construction; as well as competerlt.and qualified supervision for all phases of the work, and- other facilities and things necessary or proper for or incidental to' the MIEADOWWOOD. FILTRATION PROJECT, Town of Wappinger, as, required by and In strict accordance -with the plans, specifications and all other documents, for the prices stipulated and as shown on this bid form. Nameof Bidder. Eventus Construction Company Ino. (individual, Partnership,. Corporation or LLC)* . * Circle applicable word The undersigned declares that the bidding and*contract documents have been carefully examined and that all things necessary for the completion of the work shall be provided. Receipt of the following addenda is hereby acknowledged: DATE SIGNATURE ADDENDUM NO. 1 8/23/18 -- ADDENDUM'NO.2 8/31/18 �— ADDENDUM NO. 3• ADDENDUM NO. 4 E:WocumentAT Wappingerla W20081W20802 United Wapp Water1W20802AN HEEltop Wells Meadowwood UpgradelMeadowwood SpecNicationsiSpedficatlons Div 0+IXDly 200.1 Bid Form.dac 200-2 a By submission of this bid, the bidder agrees and represents that it has visited the site prior to the time of submitting the bid and has inspected and given consideration to the conditions under which the work is to be performed. In additiori, the bidder has carefully examined the site of the proposed work and all premises adjacent thereto. The bidder has satisfied and fully informed itself from its own investigation or research as to: the nature and location of the work, • the general'and local conditions, • the various means of approach to the sites, • the sites and facilities for, delivering, unloading, storage, and handling of materials .and equipment, • the character, quality, and quantity of existing materials, • the kind and extent of equipment, labor, materials, and facilities needed, and all other items, which may in any way affect the work or the bidder's performance in accordance with the contract requirements. In consideration of, and to induce the award of this contract to itself, the bidder represents and warrants that: (a) If this bid Is. accepted by the Town Board, Town of Wappinger, as evidenced by' issuance of a Notice of award by the Owner, and mailed by registered mail with return receipt requested.to the address of the bidder as indicated -on his/her bid, the bidder will execute a contract on the form of agreement herein provided and will comply with all provisions of said Notice of Award. (b) This bid is made without any understanding, agreement or connection with -any other person, firm or corporation making a bid for the game work, and that It is in all respect fair and without collusion or fraud. (c) The bidder has carefully examined and fully understands all of the parts of the contract documents, and that the bidder will execute the contract and will completely perform it in strict accordance with the provisions thereof for the sum set forth on the -bid. (d) No officer or employee of the Town Board, Town of Wappinger, or any person whose salary is payable in whole or in part by the Town Board is, shall be, or shall become interested directly or Indirectly as.a contracting party, partner, stockholder, surety or otherwise in this- bid or in. the performance of the contract or in the supplies, materials or equipment, or to work or labor to which It relates, or in any portion of the profits thereof. EMocurnentAT Wappingeft W2008%W20802 United Wapp WateAW20802A29 Hilltop Wells Meadowwood UpgradetMeadowwood Specillcatlons%Speclitcations Div 0+•Miv 200.1 Nd Fcrm.doc 2uas . (e) The bidder is not in arrears to the Town Board upon debt or contract and Is not a defaulter as surety, contractor, or otherwise upon any obligation to the Town Board, Town of Wappinger. (f) All work shall be completed within the time allotted, from the date specified in the Notice to Proceed or set by the contract documents, mailed to the undersigned by registered mail with. return receipt requested to the legal address of the bidder as Indicated on its bid. (g) If the bid documents contain any unlawful provision not an essential part of the bid and which shall not appear to have been a controlling or material inducement to the making thereof, the same shall be deemed of no effect and will upon notice by either the Owner or the bidder be deemed stricken from the bid documents Without affecting the binding force of the remainder. (h) Each and every provision of any law and clause required by law_ to be inserted in the bid documents shall be deemed to be inserted herein and the bid documents shall be read and enforced as. though it were included- herein; and if through mistake or otherwise any such provision Is not inserted or is not correctly inserted, then upon the application of either party, the bid documents shall forthwith be physically amended to make such insertion. (i) The bidder is financially solvent and sufficiently experienced and competent to perform the work. {j) The work can be performed as called for by the proposal and that the pians and specifications are in all respects suitable and adequate for the work. (k) The facts stated in its bid and the information- given by the bidder are true and correct in all respects. (1) The bidder is fully informed regarding all the conditions affecting the work .to be done and labor and materials to be furnished for the completion of this contract, and that Its Information was secured by personal investigation and research. (m) In the event of a lawsuit, the bidder agrees that said suit shall be filed in .the Supreme Court, State of New York, County of Dutchess. (n) The Contractor has received, reviewed and carefully examined all of the documents which make up this Contract Agreement, and has found them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient - for construction. E:WceumentslT Wappingeft W20081W20802 United Wapp Water1W20802.126 Hilltop Wells Meadowwood Upgrade%leadowwood Speclflcations%Speciflcalions Div 0+'RDhi 200.1 Bid Fwm.doc 200-4 Packet Pg. 119 BID FOR CLY11TRACT - :. REC SEP 10 Nis L -rom OF WpPINGEVI v Tom CLERK L M a The Bidder proposes to perform the work required in accordance with the contract 0 documents and the Bid Sheet, for the total sum of: Five Hundred Thirty Thousand Dollars and Zero Cents N cV e (Words)00 530,000.00 (Figures) In the event of a difference, the amounts based on or stated on the Bid Sheet shall govern. Also made a part of this bid is the attached 'Statement of Qualifications prepared in accordance with the provisions df Division 100, Article B.2. Sign Bid Here Print SIGNA John ' Al fonzp�ft i Title President Official Company Name Eventus Construction Company Inc.' (Individual, Partnership, oration; L . . . * Circle applicable word Company Mailing Address AmawalK CITY PO Box 419 STREET NY 10501 STATE ZIP CODE Federal Employer Identification.No. 13-4108093 Telephone No. 914-245-2400 Fax No. 914-455-4230 E:idocuments\T Wappingerla W20081W20802 United Wapp Waler1W20802.126 Hilltop Wells Meadowwood Upgrade\Meadowwood SpeciticatlonstSpecifications Div O+ttDly 200.1.8d Form.doc 200-6 N e rn W t. If bidder is a corporation, fill in the following blanks.) Organized under the laws of the State of: New Yor Name and Address of President: John Alfonzetti, P.E. ; Amawalk, - NY' . Name and Address of Secretary: N/A Name and Address of Treasurer: N/A (if, , s a Limited Liability Company, rill in the following blanks.) Organized under the laws off % to of: Name of Manager or Managing Member: Agent for Service of Process: Address for Service of Process: E:kdocwnentff WappingeM W200kW20802 United Wapp Water1W20802.128 Hilltop Watts Meadowwood UpgradeWesdowwood Speciticatlons%Specit3cattons Div O+i%DIv200.1 eld Form.doc 240-8 v L 0 U as E 3 Q . 0 N N e CO r N e w t. V L STATE OF NEW YORK ) v ss: 0 COUNTY OF Dutchess ) L 3 0 On the day of September , before 0 me, the undersigned, a Notary Public in and for said State,. personally appeared .John Alfonzetti personally known to me or proved to me on the basis N of satisfactory evidence to be the individual whose name is subscribed to the within co instrument and acknowledged to me that he executed the same in his capacity, and that by N 0) LU his signature* on the instrument, the Individual, or the person upon behalf of which the Individual acted, executed the instrument. Q E Q E NOTARY PUBLIC CHRISTINA M. SGAGNELU Notary Public, State of New York . No.01SC6313345 Qualf6ed in Dutchess County Comrnisslon Expires October 20, 2018 E v E.WacumentstT WappingeM W20081W20802 Untied Wapp WateAW20802.128 Mop Wells Meadowwood Upgrade%laadowwood SpectficatronMoedBcations Div o+11Dly 200.1 6ld Form.doc Q 2004 BASE BID SHEET N , N CONSTRUCTION BID AND CONTRACT Contract No. 17-001, UNITED WAPPINGER WATER DISTRICT MEADQWWQQD FILTRATION PROJEL; I ITEM- NOJDESCRIPTION EST. PAYMENT UNIT PRICE BID TOTAL QTY. UNIT PRICE BID WRITTEN AMOUNT IN FIGURES 1. Mobilization/Demobilization and .1 L.S. Twenty Thousand Dollars Proper Disposal of Demolition Debris and Zero Cents 20, 000.0 0 20,000-00 2. Furnish and install all materials, 1 L.S. Four Hundred Eighty Two .482,000.00 supplies, equipment and other Thousand*Dollars and facilities as required for construction Zero Cents of UNITED WAPPINGER WATER 482,000.00 PISTRICT MEADOWWOOD FILTRATION PROJECT, including all incidentals, as shown and as specified in the Contract Documents. 3. ALLOWANCE #I- Furnish and 10 C.Y. Three.Hundred Dollars 300.00 3,.000.00 Install Medium Stone Filling and zero cents 4. ALLOWANCE #2 Contingency Allowance $25,000.00 TOTAL BASE BID , 530,000.00 0o 0 Cv (n W E 2 a E t P40r a �� CERTIFICATION OF NON.COLLUSION BY BIDDER No bid will be considered unless this Certification remains attached to and Is submitted with the Bid. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and In the case of a Joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to.the best of his knowledge and belief: (1) . The prices in this bid have been arrived at independently, without collusion, consultation, communication, or -agreement for the purpose of restricting competition as to any matter relating to such prices, with. any other bidder or with any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not knowingly been disclosed by the bidder and will not knowingly be disclosed by the bidder, directly or Indirectly, to any other bidder or to any competitor, before the time of the bid opening. (3) - No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. A. bid shall not be considered for.award nor shall any award be made where (1), (2) and (3) above have not been compiled with; provided however, that if in any. case the bidder cannot make the foregoing certification, the bidder shall so, state and shall furnish with the bid a signed statement'which sets forth in detail the reasons therefore. Where (1), (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the Town Clerk of the Municipality to which the bid is•made, or his/her designee, deter'rnines that such. disclosure was not made for the purpose of restricting competition. (4) The fact that a bidder (a) has published price lists, rates, or tariffs, covering items being procured, (b) has informed prospective customers of proposed or pending publicationof new or revised price lists forsuch items, or (c) has sold the same items or other customers at the same. prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph (1). (5) Any bid hereafter made • to any- public authority or to 'any. official of any public authority created by the State or any political subdivision, by a corporate bidder for work of services performed or to be performed or goods sold or to be sold where competitive bidding is required by statute, .rule, regulation, or local law, and where -such bid contains the certification referred to in the lead paragraph of this section, shall be deemed to have been authorized by the board of directors of the bidder and such authorization shall be deemed to Include the signing and submisslon of the bid and the inclusion therein of the certificate as to non -collusion as the act and deed of the corporation. I affirm these statements under penalty of;pedury. `='E N ED BIDDER'S SIGNATURE: �'"G" SEP 102018 9/7/18 A].fonz s hrent DATE: TOWN OF WAPPINOER TOWN •CLEIn RK co r 0 N M M CD v t VIM 1100,WZYI VkdW ALL MUR tV TW-aE:PREseNT-&,thg -*-.Eventus, Construction Co., Inc., PO Box tl% Amawklk, NY I.0501. *iTravelers Casualty and Surety Company of Amedca, One Tower Square, Hartford CT 06 163 tT�8r 01%)h,&ft 0gby phisMi NOW am ***Five Percent (5%) of the Amount Bid*** w6d,69tom ***5% of Bid*** Mn ytb '-"pW . 00� 0110%, fi loth Wal September : Yjf 18b , -- —2.. W148K QjWhJtWdX&-ftw-T, A b" 6ET'M-f Tvvm0W0PWhwJ�Cm,4bmandspe�iW, Project No. V-001 pip va a -in -t up ... dl iand Iha LPft*-'Jps fl- -q -11 A bbeeptq a .4:04V a 'Agroo m -e -aide vo -0 P.m at* n lot., d. in R13*60'" Wb* MI b -ekd ebdfi ki WE. Otpedti §Offift .1ho t* 6rvidbt: Lhd-W-A wtit, beth *wy- IM.A. M.-ftf, abt% 16�i*- r rl.i t ea t tt1 Mwithi bif, ibis- 66ff gi -bbfdfi� fr$'C ROVY 4 -4QUO W - OTV.,ddv WO -, 0 �-its b-9,94 Jn %M,, - iv b�,Jtm- patred qrs e -May-Atce-pi: 60.6 W; of 6hy tudil -ar6MI&L IhOtt lgg o= sinilhl of pro sp 10 MB OV WAppINGER -10WOM4W&I iW-a Jay. 041, 4d t. (SEAL) "Insert Bidder's Name "Insert Surety's Name Signed, sealed and delivered In the presence of (Corporate seal of Contractor if a corporation) By PRINCIPAL Eventus Construction Co,, Inc, M o Npdg4h , Contractor Travelers Casualty and Surety Com_pay-af America By Diana Toledo, Attorney -in -Fact (Title of Officer) (Corporate seal of Surety) Attest ess ('Title o Officer) F- adocumentstr WappinU#di%d wzUooNW20802 UnAnd Wapp Waioi\WIC1807 ws Htiltoo Wells Meadowmod UpUradelMeadowwood speclHcalions\$pecitications Div 0+AD1v 2M.1 Bid Form.dac 200-12 I✓ STATE, Of NSW !OAK Ah to marorpy Olved to C ti Me fh&t dm 6 1 kih, it &Od ftg am. way. 'M rLim. el or porsm, .0-pon •"4: Oh -47 -df - w hich . lh* N4 4wrloww, tin. If * 0-1.,ffictlaft frdmW19�4&O. gmak t0m� CHR M. SGAGIYELLI v Notary VON; State of New York No.01SCO313345 Quariffed In Dukhess county COMMWW Expires October 20, 2018 Travelers Casualty and Surety Company of America .i Travelers Casualty and Surely Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTQRNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of Amedca, Travelers Casualty and Surety Gompany, and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the 'Companies"), and that the Companies do hereby make, constitute and appoint plana Toledo of Brewster, New York, their true and lawful Attgmey-In-Fact to sign, execute, seal and acknowledge any and all bonds, recognizanes, conditional undertakings and other writings obllgatory In the nature thereof on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bon4s and undertakings required or permitted in any actions or proceedings allowed by law, IN WITNESS WHEREOF, the Comoantes have caused this Instrument to be signed, and theircorporate seals to be hereto affixed, this 3rd day of February, 2017. ayp s r State of Connecticut" City of Hartford as. Robert L. Raney, r Vtce President Qn this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senlor Vlce President of Travelers Casualty and Surety Company of America, Travelers Casually and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 0 Mar aC. Tetreauit, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vlce Chairman, any Executive Vice President, any Senior Vice Presldent, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Affomays-In-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seat with the Company's seal bonds, recognizances, contracts of Indemnity, and other writings obligatory In the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it Is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vlee President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or mare officers or employees of this Company, provided that each such delegation Is In writing and a copy thereof Is filed In the office of the Secretary; and It Is FURTHER RESOLVED, that any bond, recognizance, contract of Indempity, or writing obligatory In the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant 9epretary: or (b) duly executed (under seal, If required) by one or more Attomays-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a viritten delegation of authority, and It Is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be attired by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secxetadas or Attorneys -In -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Paver of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shag be valid and binding on the Company in the future with respect to any bond or understanding to which It is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and, Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing Is a true and correct copy of the Power of Attorney executed by said Companies, which remains In full force and effect. Dated this 10th day of September , 2018 ,t v r� --TKevtn E. Hughes, Assi�Secretary 7o verify the authentielty of thls Power 0Attorrrey, please call usat I -84V-422 3880. Please neuter to the above-named AtWmarin-Aad'and the details of the bond to whfdr the power r s offtchad. t TRAVELERS CASUALTY AND SURETY COMPANY OF AMERIPA, HARTFORD, CONNECTICUT 05183 FINANCIAL 13TATEMENT AS OF DECEMBER 3112017 CAPITAL STOCK $ 5,480,000 CASH AND INVESTED CASH $ 137;529,340 UNEARNED PREMIUMS 3 420,419.,3 BONDS 31372,928,389 LOSSES, 520,993.E STOCKS 325,030,813 LOSS ADJUSTMENT EXPENSES 191,114,2 INVESTMENT INCOME DIVE AND Aq'CRUEQ 39,230»403 COMMISSIONS 42,100,1 OTHERINVE6TEDASSETS 2,941„803 TAXES, LICENSES AND FEES 13,242;9 PREMIUM BALANCES 235;700,939 OTHER EXPENSES 42,888,1 NET DEFERREOTAXA9SET 49,322,453 CURRENT FE05RALANO FOR51GN INCOME TAXE$ 1,313,1 REINSURANCE RECOVERABLE: 23,806,1Y18 REMITTANCES AND ITEMS NOTALLQCATED 921549,« SECURITIES LENDING REINVESTED COLLATERAL ASSETS 20,656,872 AMOUNTS WITHHELD IRETAINED BY COMPANY FOR OTHERS 35,824,1 RECEIVASLES FROM PARENT, SUBSIDIARIES AND AFFILIATES 21,488,218 RETROACTIVE. REINSURANCE RESERVE ASSUMED 783,( ASSUMED REINSURANCE REPEIVABLE AND PAYABLE 620,836 POLICYHOLDER DIVIDENDS, OTHERAS*ETS 6,795,705 PROVISION FOR REINSURANCE 5,055,: ADVANCE PREMIUM I,255,7 ESCHEAT LIABILITY 5371, PAYABLE FOR SECURITIES LENDING 20,665,1 CEDED REINSQRANOENETPREMIUMS PAYABLE 39,794,1 OTHER ACCRUED EXPENSES AND LIABILITIES 955 TOTAL LIABILITIES CAPITAL STOCK 3 0,480,E PAID 114 SURPLUS 433.803. OTHER SURPLUS 1 675 352 i TOTAL SURPLUS TO POLICYHOLDERS TOTAL ASSETS � 756. W TOTAL LIABILITIES & SURPLUS as STATE OFCONNECTICUT' J COUNTY OF HARTFORD CITY OF HARTFORD MICHAEL J, DDODY, BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,. AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING I5 A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31337 DAY OF DECEMBER, 2017, SUBSCRIBED AND SWORN T4 BEFORE ME THIS 18TH DAY OF MARCH, 2018 OTA ��JjffflF�eRlg4i��.y�r�. �-aj- 9A 'g36 Vi'4 ^V19u,/ vp�Iis-1'F1,-y 11�i,-I,RI WJf tl' ` N SUSAN M, ' VEISS1w1EDER Nctaly pleb!/c Afy Cntr missbp &plre4 November 30, .202.7 POWER OF ATTORNEY ACKNOWLEDGMENT STATE OF New York COUNTY OF Putnam On this 10th day of September , 2018_ _, before me personally ennie Diana Toledo , to me known, who being duly sworn, dict depose and say that lie is an attorney-In-rnet or Travelers Casualty and Surety Company of America the corporation described in and which executed tice above instrument, that he knows the sent of said such corporation; that the seal affixed to said Instrument Is such or said corporate scat; that it was so affixed by authority of tine Donrd of Directors or said corporation by authority of his office under the Standing Resolutions thereor, My Commission Expires RAEGAN A. GUGLIELMO Notary Public, State of New York No. 01 GU627t77380 Qualified In Putnam County Term Expires June 15, 2021 !t.