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2019-02-11Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, February 11, 2019 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 Christopher Phillips Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Jim Horan Consultant Attorney Present 7:30 PM David Stolman Consultant Planner Present 7:30 PM Cooper M Leatherwood Town of Wappinger Deputy Town Clerk Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM Salute to the Flag Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Acknowledge Minutes of January 28, 2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz IV. Public Hearing on Furnia Drainage Public Hearing on Furnia Drainage There were no comments by the Public. Town of Wappinger Page 1 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Close Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz V. Public Portion 1. Motion To: Open Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz VI. Discussions 1. Danskammer Power Plant Presentation - Davenport Charles Davenport approached the board to say that the Danskammer Power Plant will be using Natural Gas rather than the coal which was used in the past. He added that we only need 600 Megawatts to supplement the potential closing of Indian Point. He added burning natural gas is worse than coal due to the unburned methane. Councilman Beale objected for not having the Danskammer people in attendance to refute these claims. Mr. Davenport handed out a report from a document from the American Lung Association. 2. Justification for the Need for a $50 Increase for the 7 week Summer Camp Program - Fulton Town of Wappinger Page 2 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 3. 4. Director Fulton approached the board to justify the $50 increase in the Summer Camp program. She handed documents to the board but did not file with the Town Clerk. All counselors will be certified and given no increase in registration will show a deficit in margin. A $50 increase will only increase revenues $66,670 and still fall short of the increase in expenses. Update on Summer Camp Curriculum - Fulton Improvements in the program will be building a theme of space and science that did not exist last year. One week will be dedicated to Science including a rocket launch integrating fun with education. Other themes will help those than can't mingle to help better mingle. Structured activities will be emphasized for safety reasons among other reasons. Bathrooms at Martz field will be improved. Sprinklers on hot days do not allow for efficient flushing in the restrooms. Steve Frazier cited a 3/4 inch line and suggested a larger line. Steve Frazier promised an estimate by the next meeting. Projected participants are 175. Councilman Kuzmicz suggested a pamphlet for the Summer Camp. Recreation advertisement policy and procedures - Fulton Director Fulton addressed putting advertisement at the ball fields to generate revenue. She handed a draft document to the board but did not file with the Town Clerk. This would be done with scoreboards and signs. She noted that dealing with the application process could be a challenge. The requirements and the legal discussion were cited as the approach. Attorney Horan commented that donations are proper to have their name associated with the donation. The immediate need is the scoreboard where there is current interest. Attorney Horan said that a lease was improper, but a license was proper. The license has to be consistent with uses in a park. The next board meeting will have an update. 5. Motion To: Approve Fees For Vendors at Community Day Director Fulton spoke on Community Day's new dates of July 5th, 6th and 7th. She handed a draft document to the board but did not file with the Town Clerk. The document address the rides contract. Attorney Horan suggested having the school district review the contract. She noted that subsequent days would be discounted for vendors to encourage multiple days for a vendor rather than having vendors switch out. Councilman Beale moved to accept the proposed fees which were not provided to the Town Clerk. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 6. Motion To: Authorize Engineer to Get Costs For the Challenger/Inspiration Field Improvements Steve Frazier addressed the board about cost estimates at the Challenger Field. He handed a cost estimation document to the board but did not file with the Town Clerk. He said that the new restroom building will be above the flood plain. He said funding could come from Parkland trust. Issues that were not on a prior building will be covered under this proposal including handicap accessibility. Portable units will be installed by the end of April given the likelihood that these improvements would not be complete this year. Town of Wappinger Page 3 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 7. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz MJM Television Productions Proposal - Miner Michael Miner from MJM Television addressed the board. He handed a document to the board and filed it with the Town Clerk for publication in these minutes. He shared program ideas such as the recent events that could be aired. They do ribbon cutting, business shows, education shows, community day, tree lighting, or any event to highlight the town. He recommended an upgrade to the existing equipment. The board will discuss further at the next meeting. Town of Wappinger Page 4 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 Video Content Lister) 'below we "amples of video content that I have produced for various municipalities All City, Town, or Village meetings — City or Town Board Meetings, Work Sessions, PlanningBoard Meetings, Zoning Board Meetings, flistoricand Landmarks Preservation Board Meetings,, Special Charettes meetings or special meetings to discuss potential development, budget meetin &rs, as well as swearing in inaugurations and,more. Shows with Mayors,, Town Supervisors and Board or Council members -1faboard member is a liason to various community organizations such as flie Chamber, School DIstric, BusinessIm rovement District,' �or other, the Supe-rvisor or, I p 'own Board niernbers will host a, show on location to oover an event or special occasion such as the ambulance corps air Veteran's organization donating to the senior club or other non profits. I . Rib�bon Cuttings and Business Shows ­ Vide taping various, ribbon cutting cerLllmorues for businesses or ground brushing ceremonies for various building projects have been popular with other Towns and Villages Business $bows — In several Towns, Ilie Supervisor and/orTown Board members go on location to do a business promotion show. Many might comment that this is a Chamber of Commarce function, but many towns do programs, to promote their inom and pop businesses, in Town . We bring the cameras into a business, interview the owners and -family members, show p"Juct, and show it on the Government Channel. Ms program is done in the Town of East Fishkill, The Town, of Cortlandt, and the City of Peekskill., Shows to review Town policies, — Visits to recycling centers, discussion on snow removal andhow, to properly prepare ifor an. emergency, All shows are done on location for informational purposes. Recreation Department Shows — Coverage includes shows to promote upcoming events and to discuss winter, spring, and surnmer events. We also cover Parks and R.ecreation events such as Suintrier Camp, musical concerts,breakfast with the bunny or egg hunt events,11alloween events, Tree lighting ceremonies, Visits with. Santa, and, more. Publie Safety -This includes shows with Police and Fire Departments for safetytipss, DARE infvrniatiorc„ and any initiative that the police and fire can share to the community'. Parades and Community Day-— I have covered many parades and community day events for the variows municipalities that I cover. I usually roll out my production van to cover these events., These events show pride incommunity and promote the Tawn. as a great place to live, work, and to do businem in. Vieteran's and Memorial Day Ceremonies — Covering ecremonles''tsar the Veteran's Day and Memorial Day events are important to promote for the town. Town of Wappinger Page 5 Printed 212112019 Regular Meeting VII. Resolutions Minutes February 11, 2019 RESOLUTION: 2019-43 Resolution Adopting Town Of Wappinger Volunteer Policy WHEREAS, motivated citizens, students, and senior citizens, who wish to volunteer for service with the Town of Wappinger are vital assets for the Town and volunteerism should be promoted to foster a spirit of community within the Town; and WHEREAS, it is important for the Town to adopt a written policy with standards and procedures to assure suitable support, training, supervision and safety of the volunteers; and WHEREAS, a formal policy will help Town officers recruit and identify appropriate volunteers and match them to appropriate areas of need within the Town; and WHEREAS, it is the intent of the Town Board to establish a Volunteer Policy in the form annexed hereto NOW, THEREFORE, BE IT RESOLVED that: The Town Board hereby adopts the TOWN OF WAPPINGER VOLUNTEER POLICY dated January 28, 2019 which is annexed hereto and shall be made a part of the minutes of this Meeting. 2. The Town Clerk is directed to file a certified copy of this resolution together with the annexed Employee Identification Policy in the Records of the Town. Every employee of the Town shall be provided with a copy of the Employee Identification Policy and they shall sign a form that they have received and reviewed a copy of said policy. The TOWN OF WAPPINGER VOLUNTEER POLICY shall take effect immediately. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2019-43 Yes/Aye No/Nay Abstain Absent D Adopted ...... ..... ... ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale Mover 0 ❑ ❑ ❑ ❑ Tabled Angelattin Bea ................... Vo t' er D .......0............... ❑ ..... ❑ ......❑................❑..... ❑ El Withdrawn Christopher Phillips .. .................Seconder Voter.... ........ ................. ❑ ..... ..... ................ ..... Michael Kuzmicz D ❑ ❑ El Dated: Wappingers Falls, New York February 11, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-49 Town of Wappinger Page 6 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 Resolution Introducing Local Law No. 1 Of 2019 Which Would Amend Chapter 122, Fees And Fines, Of The Town Code With Respect To A Variety Of Matters WHEREAS, the Town Board is considering the adoption of Local Law No. 1 of 2019 which would amend Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 122, Fees and Fines, and Chapter 85, Building Construction: Administration of Administrative Code, of the Town Code with respect to a variety of matters; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 1 of 2019 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. 1 of 2019 for 7:30 PM on the 11th day of March, 2019 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2019-49 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston ....................... Voter............. D ....... ,........❑ .......,........ ❑ ........,....... ❑ ..... Town of Wappinger Page 7 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 ❑ Defeated William H. Beale Voter 0 ❑ ❑ ❑ ❑ Tabled ftelaBettina Voter 0 .................................................. ❑ ❑ ❑ ❑ Withdrawn ......................... Christopher Phillips ........... Seconder ................. 0 ................ ❑ ............... o ........ 0 Michael Kuzmicz Mover .. ...... D .................❑ .......,........❑........,.......❑..... Dated: Wappingers Falls, New York February 11, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-50 Resolution Introducing Local Law No. 2 Of 2019 Which Would Amend Chapter 240, Zoning, Of The Town Code With Respect To A Variety Of Matters WHEREAS, the Town Board is considering the adoption of Local Law No. 2 of 2019 which would amend Chapter 240, Zoning, of the Town Code with respect to a variety of matters; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 122, Fees and Fines, and Chapter 85, Building Construction: Administration of Administrative Code, of the Town Code with respect to a variety of matters; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 2 of 2019 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. 2 of 2019 for 7:30 PM on the 11 day of March, 2019 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for Town of Wappinger Page 8 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 advisory review in accordance with Section 239 of the New York State GeneralMunicipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2019-50 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston Voter I'll........... D ❑ .. ❑ . ❑ El Defeated William H. Beale al ... e Seconder ... D ❑ El❑ ....................... ❑ Tabled fteiaBettina Voter ............... ... 0 ................. ❑ ................ ❑ ....... ........ ❑ El Withdrawn Christopher Phillips Voter ........... D ................❑ ❑ ................ o ................ 0 ..... Michael Kuzmicz Mover D ❑ ❑ Dated: Wappingers Falls, New York February 11, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-51 Resolution Introducing Local Law No. 3 Of 2019 Which Would Amend Chapter 85, Building Construction: Administration Of Uniform Code, Of The Town Code With Respect To Small Accessory Buildings WHEREAS, the Town Board is considering the adoption of Local Law No. 3 of 2019 which would amend Chapter 85, Building Construction: Administration of Uniform Code, of the Town Code with respect to small accessory buildings; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 122, Fees and Fines, and Chapter 85, Building Construction: Administration of Administrative Code, of the Town Code with respect to a variety of matters; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 3 of 2019 in the form annexed hereto. Town of Wappinger Page 9 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. 3 of 2019 for 7:30 PM on the 11th day of March, 2019 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2019-51 Yes/Aye No/Nay Abstain Absent 0 Adopted El Adopted as Amended Richard Thurston Voter D ❑ ❑ ❑ ❑ Defeated William H. Beale ... Seconder .................... 0 ....... ❑ ....... ...... ❑ ...... ................ ❑ . ❑ Tabled Angela Bettina .................. Voter......... D .... ...... ❑ .....,...... ❑ ......,..... ❑ ... ❑ Withdrawn Christopher Phillips Voter 0 ❑ ❑ ❑ Michael Kuzmicz over D ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-52 Resolution Introducing Local Law No. 4 Of 2019 Which Would Amend Chapter 217, Subdivision Of Land, Of The Town Code With Respect To A Variety Of Matters WHEREAS, the Town Board is considering the adoption of Local Law No. 4 of 2019 which would amend Chapter 217, Subdivision of Land, of the Town Code with respect to a variety of matters; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 122, Fees and Fines, and Chapter 85, Building Construction: Administration of Administrative Code, of the Town Code with respect to a variety of matters; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as Town of Wappinger Page 10 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 4 of 2019 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. 4 of 2019 for 7:30 PM on the 11 t" day of March, 2019 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2019-52 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 Christopher Phillips Seconder .. ,........ 0 ....... ❑ .........❑ .......,........ El ........,....... ❑ ..... Michael Kuzmicz Moer v D ❑ ❑ Dated: Wappingers Falls, New York February 11, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-54 Resolution Authorizing Execution Of Dog Control Housing Agreement With Dutchess Town of Wappinger Page 11 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 County SPCA WHEREAS, the Town Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law § 118; and WHEREAS, pursuant to Agriculture and Markets Law §118 (3), dogs seized by the Town Dog Control Officer are required to be properly sheltered, fed and watered during the redemption period; and WHEREAS, the Dutchess County Society for the Prevention of Cruelty to Animals (hereinafter DCSPCA) maintains a kennel for boarding of dogs and other animals at its office located at 636 Violet Avenue, Hyde Park, New York 12538; and WHEREAS, in accordance with Agriculture and Markets Law §115(2), the Town Board wishes to contract with DCSPCA to provide shelter for dogs seized by the Town Dog Control Officer; and WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement with DCSPCA to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town; and WHEREAS, DCSPCA has presented to the Town a Dog Control Housing Agreement, a copy of which is annexed hereto; and WHEREAS, the Town determines that it is in the best interest of the Town to enter into said Dog Control Housing Agreement as above described. 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 approves the Dog Control Housing Agreement, in the form annexed hereto and authorizes and directs the Supervisor to execute the Agreement by and on behalf of the Town of Wappinger. The Town Clerk is hereby directed to forward the Agreement to the DCSPCA for its signature along with a certified copy of this resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2019-54 Yes/Aye.. No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder 0 ❑ ❑ .... ....... ❑ ❑ Tabled Angela Bettina .. Voter .. .... ...... D .... ❑ .....,...... ❑ ..... ......... ,..... ❑ ❑ Withdrawn Christopher Phillips Voter .. ,........ D ....... ❑ .........❑ .......,........ ❑ ........,....... ❑ ..... Michael Kuzmicz Mover D ❑ ❑ Dated: Wappingers Falls, New York February 11, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-56 Resolution Establishing Wages For Armed Court Officers Employed By Town Of Wappinger WHEREAS, the Town of Wappinger employs Armed Court Officers to protect the Town of Wappinger Page 12 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 Justices and the court process in the Town hall and yearly establishes the wage scale for each of said employees; and WHEREAS, the Town Board hereby establishes the salary/wage scale for the Armed Court Officers as hereinafter identified. 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 establishes the salary/wage scale for the following Armed Court Officers employed by the Town of Wappinger and not covered under Union Contract as hereinafter set forth: Name Title Budget Line 2018 Salary 2019 Salary All Court Officers PT Court Officer (Armed) A.1110.106 $26.52 per hr $27.05 per hr. Court Attendant 1 PT Court Officer A.1110.107 $14.00 per hr $14.28 per hr. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2019-56 Yes/Aye No/Nay Abstain Absent D Adopted El Adopted as Amended Richard Thurston Voter D ❑ El❑ El Defeated William H. Beale .......................Voter ................ D.... ❑ ..... ,...... ❑ .....,..... ❑..... El Tabled fteiaBettina ......................... Seconder D ❑ El ................. El Withdrawn Christopher Phillips Voter .. ,........ 0 ....... 0 .........❑ .......,........ 0 i ........,....... ❑ ..... Michael micz Mover D ❑ ❑ Dated: Wappingers Falls, New York February 11, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-57 RESOLUTION ESTABLISHING CHARTER FOR TOWN OF WAPPINGER ARTS AND CULTURAL DEVELOPMENT ADVISORY COMMITTEE WHEREAS, New York Town Law §64 (17-b) authorizes a Town Board to promote the cultural development of the residents of the community and expend funds for promotion of literary, graphic, dramatic and performing arts by way of demonstrations, performances and exhibits of art and art forms; and WHEREAS, the Town of Wappinger and the surrounding Hudson Valley has a rich cultural heritage which includes the visual arts, the literary arts, the performing arts and other significant artistic achievements; and Town of Wappinger Page 13 Printed 212112019 Regular Meeting Minutes February 11, 2019 WHEREAS, the exhibition, development and promotion of cultural activities fosters a sense of community and civic pride and enhances the quality of life for the residents of the Town; and WHEREAS, promotion of the arts and cultural affairs in the Town of Wappinger will increase tourism which is an important economic engine in the Hudson Valley; and WHEREAS, the Town Board wishes to create the Town of Wappinger Arts and Cultural Development Advisory Committee which will provide advice from experienced members of the art world to the Town Board to best utilize the cultural assets of the Town; NOW, THEREFORE, BE IT RESOLVED The Town Board hereby adopts the Charter of the Town of Wappinger Arts and Cultural Development Advisory Committee dated February 25, 2019 which is annexed hereto and shall be made a part of the minutes of this Meeting. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2019-57 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated WilliH. Beale ..................... .. Voter.... ...... D ........,........❑ 0 Tabled I11am Angela Bettina...........................Mover..... ......D...... ......❑................❑..... ....❑.... ❑ Withdrawn Christopher Phillips ................... Voter.... .......0............... .11.......,........❑........,.......❑..... ❑ ..... ......❑................❑..... Next: 2/25/19 7:30 PM Michael Kuzmicz Seconder ................................................................. 0 ❑ o 0 Dated: Wappingers Falls, New York February 11, 2019 The Resolution is hereby duly declared Tabled. RESOLUTION: 2019-58 Resolution Authorizing The Execution Of The Agreement Between The Town Of Wappinger And The Wappinger United Soccer Club WHEREAS, the Town Board acknowledges the very successful program the Wappinger United Soccer Club has administered to provide soccer activities for the boys and girls of the Town of Wappinger; and WHEREAS, the Town Board finds that it is in the best interests of the Town to have the Wappinger United Soccer Club to continue to provide a program of soccer activities for the boys and girls of the community; and WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation Committee, Director of Recreation, and the Supervisor of Buildings and grounds, has negotiated Town of Wappinger Page 14 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 the terms of a proposed Service Agreement with the Wappinger United Soccer Club, a copy of which is attached hereto; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board Members acknowledge they have reviewed the terms and conditions of the proposed "Service Agreement" attached hereto, and they find the terms contained therein reasonable and consistent with the relationship the Town has with the Wappinger United Soccer Club. The Town Board hereby authorizes the Town Supervisor to execute said Service Agreement with the Wappinger United Soccer Club in accordance with the terms and conditions contained therein, which Agreement, among other provisions, authorizes the Town to pay the sum of Three Thousand Dollars ($3,000.00) to the Wappinger United Soccer Club to provide soccer activities for the boys and girls of the community for the 2019 soccer season. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2019-58 Yes/Aye No/Nay Abstain Absent D Adopted .......,,..❑ "....,...."" ❑ Adopted as Amended 1Zichard Thurston " Voter D" ❑ ❑ ❑ Defeated WilliamH.Beale.................... Voter... D .... ...... ❑ .....,...... ..... ❑........,.......❑..... ...... ❑ Tabled Angela Bettina ..... ... Voter ...............".... . D ❑ ❑ ❑ ... ❑ Withdrawn Christopher Phillips Seconder .. ,........ 0 ....... ❑ .........❑ .......,........ El ........,....... ❑ ..... Michael Kuzmicz v Moer D ❑ ❑ Dated: Wappingers Falls, New York February 11, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-59 Resolution Establishing Mission Statement For Department Of Parks, Facilities And Programs WHEREAS, the Town Board wishes to reorganize the method by which it provides recreational programs to the residents of the Town and to better utilize its existing recreational facilities and parks; and WHEREAS, to achieve that goal the Town Board wishes to establish a Department of Park, Facilities and Programs which consolidates the recreational services of the Town under common administration and oversight; and WHEREAS, with the creation of a new Department it is imperative that the Town Board set forth a clearly written Mission Statement to establish the Town's priorities; NOW, THEREFORE, BE IT RESOLVED 1. The Town Board hereby adopts the Mission Statement for the Department of Parks, Facilities and Programs dated February 11, 2019 which is annexed hereto and shall be made a part of the minutes of this Meeting. 2. The Town Clerk is directed to file a certified copy of this resolution together with the annexed Mission Statement in the Records of the Town. Further amendments to the Mission Statement may be made by future resolution of the Town Board. Town of Wappinger Page 15 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2019-59 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard ThurstonVoter D ❑ El ❑..... El Defeated William H. Beale ...................... .. Seconder 0 ❑ ..... El....... ,....... ❑..... D Tabled Angela Bettina Voter 00 ❑ El ❑ FlWithdrawn Christ opherPhillips Voter 0...... ❑ ❑.... ❑..... Next: 2/25/19 7:30 PM Michael Kuzmicz .. .............. Mover 0 ..... ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11, 2019 The Resolution is hereby duly declared Tabled. RESOLUTION: 2019-60 Resolution Authorizing Transfer Of Funds For Purchase Of Excavator Mounted Brush Cutting Head WHEREAS, Supervisor of Buildings and Grounds, Steven Frazier, has advised that his department is in need of a brush cutting head; and WHEREAS, the Town Board has agreed that it is in the best interest of the Town to purchase the brush cutting head; and WHEREAS, in order to cover the cost of the brush cutting head, it will be necessary to transfer funds between budget lines. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Supervisor of Buildings and Grounds is hereby authorized to purchase the brush cutting head at a cost not to exceed $8,475.00. 3. The Town Board hereby authorizes the following budget line transfers to cover the cost of the brush cutting head: Amount From Line To Line $8,475.00 A0917 A.7110.0212 Unassigned Fund Balance Equipment 4. Steven Frazier is directed to submit a purchase order for the purchase of the brush cutting head as required by law. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2019-60 Yes/Aye No/Nay.. Abstain Absent D Adopted ❑ Adopted as AmendedRichard Thurston Voter 0 ❑ ..... El❑ ... ..... ElDefeated------am H. Beale ..................... Voter .... D ........... ❑ .... El.... . ... ❑ El Tabled An elaBettina .................. Seconder D .... ..... .. .... ❑ ............ El............ El... El Withdrawn Christopher Phillips ................ Voter 0 .... ❑ ❑ ❑ Kuzmcz Michael i Mover D ❑ El❑ Dated: Wappingers Falls, New York February 11, 2019 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 16 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 RESOLUTION: 2019-55 Resolution Appointing Tax Record Clerk - Part Time WHEREAS, the Town Board of the Town of Wappinger has previously created the position of part-time Assistant Receiver of Taxes; and WHEREAS, such position has been funded under budget line A1330.102; and WHEREAS, the Town Board desires to fill the position of part-time Assistant Receiver of Taxes; and WHEREAS, the Town Board is satisfied that Kate Hargraves is qualified for the position of Assistant Receiver of Taxes. NOW, THEREFORE, BE IT RESOLVED, that the Town Board appoints Kate Hargraves to the position of part-time Assistant Receiver of Taxes at the pay rate of $18.00 per hour; and BE IT FURTHER RESOLVED, that Ms. Hargraves' employment shall be subject to all policies, terms and conditions set forth in the Town of Wappinger Employee Handbook; and BE IT FURTHER RESOLVED, that the Town Supervisor, or her designee, is authorized to complete and file with the Dutchess County Department of Human Resources all paperwork required by that office in connection with this appointment. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2019-55 Correspondence Lag - 20,19-02-11 Number To From Date Date Ree Re: Yes/Aye No/Nay Abstain Absent El Adopted 112812819 Rest nation Of Plaiiiiing Board 211112819 82-11-882 Town Board Robert A Johnston 0 Adopted as Amended Richard TeI hurston Voter. 0 ..D........,...... ❑ ❑ ..❑................❑..... ❑ ❑ Defeated WilliamH.Beale.................... .... ... Seconder.. ............ ....... ❑ ... ....... ...... ...... ....... . ❑Tabled Angela .... ... Vo Voter D ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Voter D ❑ El El I 2JU20191 Michael KUZTll1cZ Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York February 11, 2019 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2019-61 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Town of Wappinger Page 17 Printed 2/21/2019 Correspondence Lag - 20,19-02-11 Number To From Date Date Ree Re: Agenda Date 92,11-881 Town Board Chris Phillips 112812819 112812819 Rest nation Of Plaiiiiing Board 211112819 82-11-882 Town Board Robert A Johnston 112812819 112812819 Resignation As Councilmen 211 112 019 072-11-07073 Town Clerk Department Of Finance 1131120719 113112.0719 Statement Of Mone "s Paid 2111120719 92,11-884 Town Clerk Barbara Roberti 21112819 21112819 February S-chedule PefformlMaintename Bond 211112819 012-11-885 ITowii Board IJustice Court I 214I2019 218I2019 Cases Disposed For January 20119 1 211112819 92,11-886 Town Board Buildikig Department I 2JU20191 2J6f2019JRegardktg Fire Inspector Pos. & Stipend 1 211112819 Town of Wappinger Page 17 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 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 -2019-61 Yes/Aye No/Nay Abstain Absent D Adopted .......,,..❑ "....,...."" ❑ Adopted as Amended 1Zichard Thurston " Voter D" ❑ ........,....... ❑ ..... ❑ Defeated William H. Beale .................... Mover . D .... ...... ❑ .....,...... ..... ❑ ...... ❑ ❑ Tabled Angela Bettina Voter... D ❑ ❑ ❑ ............. ❑ Withdrawn Christopher PhillipsVoter 0 .................❑ ❑ .......,........ El ❑ ..... Michael Kuzmicz Seconder........ D El........,....... ❑ Dated: Wappingers Falls, New York February 11, 2019 The Resolution is hereby duly declared Adopted. VIII. Workshop 1. Zoning Department - Barbara Roberti Barbara Roberti approached the board to present her update on the Planning Board Approval in 2018 and thus far in 2019. The list is Six of the projects before the Planning Board were referred to the Town Board. Four were subdivisions, one site plan and one re- onc.. l.. Cohen. Subdivision. Sewer district. 2. Fuurnia Subdivision: Drainage District. 3. Maloney I-Tgts. Subdivision: Drainage district. 4. Myers Cerner Landing Subdivision: Drainage and Water district. 5. Sikhs Siete. Plan: Water and Severer Districts. attached: . Red. Cedar I,andscaping: Re -Zone Town of Wappinger Page 18 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 The boards were very busy last year and the approvals resulted in the building department helping these projects move for' and to obtain Certificate of Oooupancies. Some of the activity the town saw in 2018 is as follows Duncan;Ilam ts on Route qD opened. �Lawrence Farms added a high-end women's applarel. store and is now in the process of renovations for a new restauranL Volvo, completed a full renovation iincluding updating their fade and front parking area. ,Old Hopewell Cornmons began the build for 45 future apartments on Old Hpew ell Road, aurid Sgt Palmateer Way. 'rhe: Iteritage Plaza s inew mi d!dl,e building, completed Wt year now has two new tenant,;, Verizon Wirelem and State Fann Insurance, Unfortunately, we did lase Tops Supermarket in the Al.pInc- Shopping Center, we are hopeful something new and exciting will take their place this year. Hannaford's Supermarket completeda million dollar renovation including, the addition of a CLYNK, which is a shed for bottle returns. Olutback Restalurant completed a full renovation inside and out. DeGarmo Plaza, which had been recently updated with, a new fagad!e, added a Duncan IDonuts, to the vacant bank building. Gaslands Inc, did a total mi,evation, oftheir gas station on the corner of Mgarrno Hills Road and Myers Comers Road. Wireless Edge "rowers, has a new cell, tower approved on Socicerflield Drive. The County completed their water line down Route 376 and Airport Drive opening up possibilities, for the town. The Warnock Houw. decided to renlove commercial floorspace and is in the process of adding six new apartments, whicb will, bring the: total to cloven apartments, on the parcel,.. Route 376 Holdingg, LLQ", the closed and contarninated gas station on the, corner o,fRoute 37'6 and Hackensack Hgts, is, nowbeing reniMiated and a new,gas station and convenience store are"bring plannedfor later in 201.9. Ii Stnall businesses diattook over smaj I storesor offices throughout the tovm, add to a strong interest in out tovin's hathy growth. Town of Wappinger Page 19 Printed 212112019 Regular Meeting Minutes February 11, 2019 We au;re only into on s ,,o nd month of 2019 and the Plarunnin,g Board has already been very busy. Just last: month we approved an upgrade and repairs at the Villa. Borghese on Widmer Road. Elguen Associates received approval to renovate the two vacant bornes on Old. State Road and Sgt. Palmateer Way into two commercial spaces with upgrades to the site, Central Hudson. is, before the planning rd for a town Vide pole and wire rep acern.ent project that is also being done in neitllrboring towns, at this time. Chapel of theSacred Mirror has received approval for their new entrance for their Art Gallery. Wauappiiingt:r Solar farm on :Ror*ute 91 D is un &, -r way with clearing and preparing the site Riverview Land Companyl LLC is before the Planning Board to add two new buildings and renovate another building witlu added upgrades to the property on River Road. Red Cedar Arborists andLandscapers are before the board, for an. amuenided site plan on New Hackensack Road.. lM'uraniar. Subdivision is preparing a 94ot subdivision on. l`";wGew Hackensack Road. .Myers, Corner Landing Subdivision, 10 lots are being prepared on Myers Corners Road. Maloney gtww. Subdivision harts on Maloney Road are beginning their infragm tore. "l ^ra strbdiivision. was approved and their map tiled in 208) Lastly, 'il'urauctor Supply is now before the Planning Board for a new site just south of Acura on Route 9. 2. Water & Sewer Projects - Bob Gray Engineer Gray approached the board to discuss Water and Sewer Projects. He handed a document to the board but did not file with the Town Clerk. He spoke of the three waste water Sewer Treatment plants in the town, Wildwood (LNA), Fleetwood, and Mid -Point Park. He suggested dismantling the plant and build a pump station to the United Wappinger Sewer District. We have 2.5 million in grant money toward this project. Another project is at the Mid - Point park sewer plant. He suggested pumping out to DeGarmo Hill Road to Myers across All Angels to Meadowbrook Farm to Fenmore and flow to the Kent road pump station providing sewer service the length of DeGarmo Hill road and the DeGarmo Hill Plaza. IX. Resolutions Received After the Close of the Agenda and Approved Before Executive Session RESOLUTION: 2019-53 Resolution Authorizing Attorney To The Town To Bring Actions In The Name Of The Town Town of Wappinger Page 20 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 WHEREAS, New York Town Law §65 authorizes the Town Board to authorize officers of the Town to bring civil actions on behalf of the Town; and WHEREAS, County Law §700 permits the District Attorney to authorize others to prosecute criminal offenses within the County; and WHEREAS, the Town Board wishes to authorize the Attorney to the Town to prosecute violations of the Town of Wappinger Code, the NYS Uniform Code, the Vehicle and Traffic Law, and other violations under the Penal Law, with the exception of violations that involve incidents of Domestic Violence and those that occur on school property; NOW, THEREFORE, BE IT RESOLVED 1. The Town Board hereby authorizes the Attorneys to the Town, Wallace & Wallace, LLP to bring civil actions for the enforcements of the Town Code and the NYS Uniform Code. 2. The Town Board hereby authorizes James P. Horan, Esq.; Paul Ackerman, Esq. and Lisa Cobb, Esq. to act as Prosecutors of violations of the Town of Wappinger Code, the NYS Uniform Code, the Vehicle and Traffic Law, and other violations under the Penal Law, with the exception of violations that involve incidents of Domestic Violence and those that occur on school property, subject to proper authorization received from the Dutchess County District Attorney. The Town Clerk is hereby directed to provide a certified copy of this resolution to the Dutchess County District Attorney. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2019-53 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as AmendedRichard Thurston Voter D ❑ ..... El ElElDefeated------am ..... H. Beale ..................... Voter .... D ........... ❑ .... El.... . ... ❑ El Tabled An elaBettina .................. Seconder D .... ..... .. .... ❑ ............ El............ ❑ ... El Withdrawn Christopher Phillips ................ Voter 0 .... ❑ ❑ ❑ Michael i Kuzmcz Mover D ❑ El❑ Dated: Wappingers Falls, New York February 11, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-62 In the Matter of The Establishment of the FURNIA DRAINAGE DISTRICT in the Town of Wappinger, Dutchess County, New York WHEREAS, Hybrid Home Developers, LLC, the owner of 100% of the real property in the proposed Drainage District, submitted a written Petition dated January 25, 2019, to the Town Clerk, together with a Map, Plan & Report for the proposed district prepared by Clark Patterson & Lee, competent engineers duly licensed by the State of New York, in accordance with the requirements of Article 12 of the Town Law; and Town of Wappinger Page 21 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town Board on January 28, 2019, reciting the filing of said Petition, Map, Plan and Report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the Map, Plan and Report describing the same were on file in the Town Clerk's Office for public inspection, and stating all other matters required by law to be stated, and specifying February 11, 2019 as the date, at 7:30 in the evening of said day as the time, at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York as the place where this Town Board would meet and consider said Map, Plan and Report, and to hear all persons interested in the subject thereof, concerning the same, and to take such action therein as is required or authorized by law; and WHEREAS, such Order was duly published and posted as required by law, and proof of publication and posting has been duly presented to the Town Board; and WHEREAS, a public hearing on said matter was duly held by said Town Board on February 11, 2019 at 7:30 p.m. in the afternoon on said day, in the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing in opposition to and the Petitioners appearing in favor of the petition; and WHEREAS, pursuant to said petition, it is the intention of the Petitioner, Hybrid Homes Developers, LLC., as owner, to construct the improvements set forth in the Map, Plan and Report solely at its own cost and expense; and WHEREAS, the Planning Board previously adopted a Negative Declaration under SEQRA for creation of the Drainage District as part of the review of the subdivision application; NOW, AFTER DUE DELIBERATION, IT IS HEREBY RESOLVED AND DETERMINED AS FOLLOWS: a) The notice of public hearing was published and posted as required bylaw, and is otherwise sufficient. b) The Petition presented to this Board for the establishment of the FURNIA DRAINAGE DISTRICT was signed by 100% of the property owners within the proposed district and acknowledged as required by law and is otherwise sufficient. c) All the properties and property owners within the proposed district are benefited thereby. d) All the properties and property owners benefited thereby are included within the limits of the proposed district. e) There will be no hook-up fees for any of the properties within the district. There will be no capital costs assessed to the properties within the district for the improvements proposed to be constructed within the first year of operation. g) The estimated annual operation cost in the first year that charges will be paid by the benefitted parcels will be approximately $1,350 which shall be divided equally among the nine (9) lots resulting in an estimated annual cost of $150 per lot for a typical property within the district. h) It is in the public interest to establish the FURNIA DRAINAGE DISTRICT. BE IT FURTHER ORDERED AND DETERMINED that the establishment of the proposed district as set forth in said Map, Plan and Report is hereby approved; that the improvements therein mentioned be constructed by the Petitioner; and such district shall be known and designated as the Town of Wappinger Page 22 Printed 2/21/2019 Regular Meeting Minutes February 11, 2019 FURNIA DRAINAGE DISTRICT, and shall be bounded and described as set forth in Exhibit "A" attached hereto and made part hereof; and BE IT FURTHER, ORDERED AND DETERMINED that the improvements for the said drainage district be constructed by Hybrid Home Developers, LLC, owner of the premises described in Exhibit A, wholly at its own expense, and it has agreed to convey such improvements without cost to the Town of Wappinger on behalf of the FURNIA DRAINAGE DISTRICT free and clear of any liens or encumbrances; and BE IT FURTHER ORDERED AND DETERMINED that once the drainage improvement as set forth in the Map, Plan and Report have been constructed by the Petitioner and turned over to the Town, the cost for maintaining the district shall be assessed, levied and collected from the several lots and parcels of land within the said district in proportion as nearly may be to the benefit which each lot or parcel of land in said district will derive therefrom, unless said costs shall be covered by any maintenance bond; and BE IT FURTHER ORDERED AND DETERMINED that the Town of Wappinger shall be reimbursed by the Petitioner for any fees or expenses paid for the preparation of the Map, Plan and Report or in the formation of this district from the escrow account established for such purpose; and BE IT FURTHER ORDERED that the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this Order in the office of the Clerk of the County of Dutchess, and another certified copy in the Office of the State Comptroller, within ten days after the adoption of this Order, pursuant to 195 of the Town Law. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2019-62 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as AmendedRichard Thurston .. .................. Voter ............. 0 ..... .......... ❑ .................. ❑ ................ ❑ ...... El Defeated William H. Beale Voter D ❑ ❑ ❑ El Tabled AngelaBettina .................. Voter 0...... ❑ ........ ❑ ......... ❑ El Withdrawn Christopher Phillips Seconder 0 ❑ ❑ ❑ Michael Kuzmicz Mover D ❑ El❑ Dated: Wappingers Falls, New York February 11, 2019 The Resolution is hereby duly declared Adopted. X. Executive Session - Interviews for Parks and Recreation Bring Actions Vehicle Changing Law Firm Kuz Bettina Town of Wappinger Page 23 Printed 2/21/2019 Regular Meeting Furnia Kuz Phillips 1. Motion To: Enter Executive Session Minutes February 11, 2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz XI. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 10:45 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz Town of Wappinger Page 24 Printed 2/21/2019 Town of Wappinger - Volunteer Policy Final Draft I. Policy Statement 1.1 MISSION: The goal of the Town of Wappinger ("TOW" or the "Town") Volunteer Policy (the "Policy") is to utilize motivated citizens, TOW youth, high school and college students, and TOW Senior citizens, to enhance and supplement the productive efforts of the Town and to improve the quality of life of the residents and the Town through the process of volunteering. 1.2 PURPOSE: The Supervisor and Town Board recognize and support the use of volunteers to assist Town government in providing services and programs. The Policy will establish standards and procedures for volunteer service. This policy contains responsibilities of both the Town and the volunteers. Written policies and procedures will assure volunteers are suitably oriented and trained and job duties are developed. Supervision of volunteers is appropriate to assigned duties and discussions regarding safety, liability to Town and accident and property damage is covered. Volunteerism is valuable to meet the needs of the Town and to utilize the skills and desires of citizens willing to participate and help. In an effort to match the Town with qualified pre- screened volunteers and persons with specific strengths, volunteer organizations may be utilized in conjunction with the Town for opportunities to enhance and more rapidly complete certain endeavors. Volunteers may also be involved as non -paid "Interns" who may receive school credits for their service(s) Volunteers are expected to adhere to the policies set forth by the Town of Wappinger. 1.3 SCOPE: To maximize the effectiveness of volunteers, yet limit risk exposure to both volunteers and the Town, this Policy will apply to all departments with volunteers. II. SELECTION PROCESS: 2.1 Volunteer Request Form. Departments should complete a Volunteer Request Form (TBD) and submit form to the Supervisor for review and approval prior to the recruitment of any volunteer. 2.2 Recruitment. Once the Volunteer Request Form has been approved, the Department may openly recruit volunteers. 1 Applicants will be required to fill out a Volunteer Application Form. This application will include information such as name, address, telephone number, driver's license, work or volunteer experience, education or training, interest, availability, references, specific program or project. Once the Volunteer Application Form is completed, the respective Department Director and/or designee will interview the applicant(s). Once a volunteer is selected, the Department Director will recommend the volunteer to the Supervisor for approval. A letter will be sent to the applicant notifying them of their acceptance pending any necessary background, credit and/or medical examination. 2.3 Waiver and Release. The Volunteer must complete and sign a Waiver/Release of Liability form. (TBD). Volunteers working with minors or the elderly will require a background check. Volunteers that will be required to drive, a copy of their driver's license will be placed on file as well as a copy of the volunteer's personal vehicle insurance. If the selection process discloses information that indicates the tentative volunteer would not fulfill department expectations, the Town is under no obligation to assign or retain that volunteer. III. ORIENTATION: 3.1 Orientation Process. Orientation will be conducted on the first day of volunteerism. In order for both the Town and volunteers to have a complete understanding of the conditions of volunteering, the following topics will be discussed during new volunteer orientation: a. Policy and Procedure. Policy and procedures regulating volunteer duties should be discussed. Specific emphasis should be given to working safely, conditions of driving (if applicable) and risk exposure to the Town. b. Training. Volunteers will receive an overview of their volunteer assignment and, as appropriate, a written list of duties and expectations, hours of service, supervision, necessary forms, approved financial expenditures and reimbursement procedures, accident reporting procedures, confidentiality, call in, dress code, performance, reviews, etc. Volunteers shall be directed to serve within their assigned duty assignment, c. Supervision. Volunteers will be supervised as to assignments, work performance, activity, use of equipment, etc. Performance problems will be corrected or the volunteer will be released from service. 3.2 Confidentiality Forms. The Town collects and maintains private and confidential information while carrying out its functions and operations. Volunteers working in a variety of areas will be required to sign a Confidentiality Agreement (TBD) specific to a particular Department. These Departments include, but are not exclusive to: Justice Court, Clerk's Office, Supervisor's Office, Comptroller's Office, and Tax Assessors Office (we can add others specifically) 2 IV. RISK OF INJURY: 4.1 Town Volunteers are not "subject workers" as defined by the State Workers Compensation Act, therefore worker's compensation coverage will not be provided. 4.2 Town Volunteers are covered under the Town's Liability Policy but are required to sign a partial waiver of liability (TBD) for activities outside the course and scope of their volunteer duties. V. DAMAGE TO VOLUNTEER PROPERTY If a Volunteer's personal property is damaged while the Volunteer is serving in authorized volunteer status, the Department shall investigate the incident and report on whether the damage occurred while in connection with the performed duties. The Town has liability insurance coverage to protect employees and other covered persons in the area of Personal Injury Liability and Property Damage Liability. Volunteers and members of any other committees, boards or commissions are considered covered persons under this liability insurance coverage while acting for or on behalf of the Town and within the course and scope of their involvement. Certain exclusions apply. VI. DRIVING 6.1 Volunteers are not allowed to operate Town vehicles and may need to drive their own vehicle or ride with another volunteer to reach the project site. Volunteers should operate their vehicle on Town property appropriately by complying with all laws. As passengers, Volunteers should not distract drivers, throw anything from the vehicle, damage interior or exterior condition of driver's vehicles, or cause a disruption. 6.2 Volunteers operating their private vehicles must be insured as required by New York State law. Volunteer's auto insurance will be considered primary coverage. Procedures shall be developed by departments to assure that liability insurance coverage is maintained uninterrupted. VII. BACKGROUND VERIFICATION CHECKS Each Department shall indicate whether the volunteer position requires any of the following checks: criminal background check, driver's license record, and/or reference check. The requested checks will be conducted by the Town of Wappinger Office of the Supervisor prior to the volunteer beginning work at a Department. No Volunteer whose position requires any of these checks will be allowed to volunteer until all required checks are complete. a. Criminal/Background Checks. Criminal/background checks are required for volunteers who will be working with children or the elderly. A volunteer's application shall be DENIED if any check reveals that the applicant has been convicted of any crime. 3 b. Driver's License Record. A driver's license check will be completed for any volunteer who will use his/her own vehicle in the scope of volunteer activities, including driving to/from retail stores. VIII. COMPUTER USAGE 8.1 Computers, peripheral equipment (printers, faxes, modems, etc.) and other devices attached to a PC may provided by the Town and are Town -owned resources which should be used for Town business with which a volunteer may have access. Except in certain circumstances, all information transmitted or stored on Town equipment is public and subject to disclosure by law. 8.2 Volunteers are prohibited from storing any personal information on Town -owned computer equipment. Volunteers are not authorized to modify installed software on Town -owned computers or install new software for any reason. IX EXPENDITURES Volunteers are NOT authorized to incur any expenditure on behalf of the Town or to enter into any contracts on behalf of the Town. X. TERMINATION OF SERVICE A volunteer's service may be terminated at any time for any reason or no reason by the Town Supervisor or his designee. 21 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Draft: 1-23-19 Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 1 of the year 2019 A local law entitled "A Local Law for the Purpose of Amending Chapter 122, Fees and Fines, of the Town Code with Respect to Small Accessory Buildings." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE N v (If additional space is needed, attach pages the same size as this sheet, and number each.) M N r LOCAL LAW No. 1 OF THE YEAR 2019 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law No. 1 of 2019, for the Purpose of Amending Chapter 122, Fees and Fines, of the Town Code with Respect to Small Accessory Buildings." Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and amend Chapter 85, Building Construction: Administration of Uniform Code, of the Town Code with respect to small accessory buildings. This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3. Amendments to Chapter 122, Fees and Fines Section 122-16N(6)(a)[1][a][v] shall be revised to read as follows: [v] One-story nonhabitable accessory building without utilities (except garages): [A] Not greater than 72 square feet of floor area: $50. [B] Greater than 72 square feet and not greater than 200 square feet of floor area: $100. [C] Greater than 200 square feet of floor area: $100 plus $0.40 per square foot. Section 4. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5. Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any 2 such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 7. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. J:\DOCS2\500\Wappinger\code amendments 2019\fees and fines LL 1-23-19 clean.dhs.docx M NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER, NEW YORK NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a Public Hearing on the 11th day of March 2019, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should adopt Local Law No. 1 of 2019 which would amend Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters. PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed Local Law. PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: February 12, 2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI Town Clerk Town of Wappinger jAdocs2\500\wappinger\code amendments 2019\fees and fines II ph notice 10-16.dhs.doc NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Draft: 1-23-19 Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 2 of the year 2019 A local law entitled "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the Town Code with Respect to a Variety of Matters." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) LOCAL LAW No. 2 OF THE YEAR 2019 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law No. 2 of 2019, for the Purpose of Amending Chapter 240, Zoning, of the Town Code with Respect to a Variety of Matters." Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and amend Chapter 240, Zoning, of the Town Code with respect to a variety of matters. This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3. Amendments to Chapter 240, Zoning Section 240-43.0 shall be amended to read as follows: C. Public hearing. The Town approving agency shall hold a public hearing on the special permit within 62 calendar days of the date of receipt of a complete submission. Public notice and notice to owners of property within the area shall be the same as that required for site plan approval, as set forth in § 240-107C of this chapter. Notwithstanding the above, in accordance with Section 274-b.5. of the New York State Town Law, the Planning Board may waive the public hearing on a special permit application where the Board finds that the proposed land use is relatively minor in intensity, finds that such public hearing is not requisite in the interest of the public health, safety or general welfare, and finds that such hearing is inappropriate to a particular special permit. 2. Section 240-91 shall be amended to read as follows: § 240-91 Application to Building Inspector. Following site development plan approval and fulfillment of all applicable conditions by the applicant prerequisite to the Planning Board Chairman signing the resolution of site development plan approval a second time, application shall be made to the Building Inspector for a building permit and/or a certificate of occupancy. 2 3. New Sections 240-106.0 and D shall be added and shall read as follows: C. Public and common improvements. (1) All improvements shown on the approved site plan, such as but not limited to street signs, sidewalks, street lighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, sanitary sewers and storm drains shall be completed in a manner prescribed by the Town of Wappinger Zoning chapter or other applicable law, ordinance, local law, rule or regulation. The Planning Board shall ascertain whether or not all such improvements are to be completed prior to endorsement by the Planning Board Chairman of the site plan or, in the alternative, whether a performance bond or other security sufficient to cover the full cost of such improvements in an amount acceptable to the Town Engineer shall be submitted to the Town by the applicant or owner of the land being developed in lieu thereof of such improvement as prescribed in Town Law § 274-a. (2) Any such security must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attorney as to form, sufficiency and manner of execution, and shall be limited to: (1) a performance bond issued by a bonding or surety company; (2) the deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in this state; (3) an irrevocable letter of credit from a bank located and authorized to do business in this state; (4) obligations of the United States of America; or (5) any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements. If not delivered to the Town, such security shall be held in a Town account at a bank or trust company. (3) No performance bond or other security tendered under the provisions hereof shall be deemed acceptable unless provision is made therein for the payment of a sum to be determined by the Town Board in the event of failure to complete said improvements, for compensation to the Town by the surety or other security of any attorney's fees incurred by the Town in the event legal proceedings are necessary to enforce the same, with a provision for increase in the sum stipulated for said security to be correlated to a cost of highway construction index as formulated by the Town of Wappinger, and authorization from a surety of the owner of applicant, in the event the surety bond is accepted, that all acts of the owner or applicant are deemed to be M accepted by the surety and that no further notice to the surety is necessary with respect to any acts taken by its principal. (4) Any such performance bond or other security shall run for a term to be fixed by the Planning Board, but in no case for a longer term than three years, provided, however, that the term of such security may be extended by the Planning Board with consent of the parties thereto. If the Planning Board shall decide at any time during the term of the security that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security, or if the Zoning Administrator and Town Engineer decide that the required improvements have been installed as provided in this section in sufficient amount to warrant reduction in the amount of said security, and upon approval by the Town Board, the Zoning Administrator and Town Engineer may modify the requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning Board. (5) In the event that any required improvements have not been installed as provided in this section within the term of such performance bond or other security, the Town Board may thereupon declare said security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds. D. No clearing, tree felling, grubbing, grading or construction work shall be approved or take place on the land being developed until all of the following occur: (1) Fulfillment of all applicable conditions by the applicant prerequisite to the Planning Board Chairman signing the resolution of site development plan approval a second time. (2) A bond or other performance guarantee in an amount as determined by the Town Engineer for the possible restoration of the land being developed is filed with the Town. (3) A Notice of Intent (N01) and a Storm Water Pollution Prevention Plan (SWPPP) have been approved by the Town, if applicable. 2 (4) Applicable inspection fees and sufficient escrow have been submitted by the applicant or owner to the Town. (5) Erosion and sedimentation, wetland protection, and tree protection measures, as applicable, have been implemented to the satisfaction of the Town Building Department. (6) The applicant shall attend a pre -construction meeting with the Town Building Department. 3. A new Section 240-93.1 shall be added and shall read as follows: § 240-93.1 Tree felling exception. Notwithstanding other provisions of this chapter to the contrary, the Planning Board may, by resolution, at its sole discretion, allow the felling of trees on a property prior to the approval of a site plan when the timing of such tree felling is deemed by the Board to be in the best interest of protecting the Indiana bat (Myotis sodalis). However, in this context, the removal of stumps shall not be permitted and the movement of felled trees on-site or off-site is prohibited. Further, if the Board approves said tree felling, all of the following shall occur prior to the cutting of any trees: A. The applicant shall submit a sufficiently detailed plan prepared by a design professional and acceptable to the Planning Board which shows the area proposed for the tree felling. B. A bond or other performance guarantee in an amount as determined by the Town Engineer for the possible restoration of the land being developed shall be filed with the Town. C. A Notice of Intent (NO1) and a Storm Water Pollution Prevention Plan (SWPPP) shall be approved by the Town, if applicable. D. Applicable inspection fees and sufficient escrow shall be submitted by the applicant to the Town. E. Tree protection (for the trees to be preserved on-site), erosion and sedimentation protection, and wetland protection measures, as applicable, shall be implemented to the satisfaction of the Town Building Department. No tree felling under this section shall take place in any regulated wetland or regulated adjacent buffer area. 5 F. The applicant shall attend a pre -construction meeting with the Town Building Department. 4. Sections 240-86.H and I shall be amended to read as follows: H. Drainage. The proposed stormwater drainage system shall be adequate to properly drain the site, maximize groundwater recharge, prevent downstream flooding and prevent the degradation of water quality. Prior to the granting of site development plan approval, the applicant shall apply to the Town Board for any and all approvals relating to a drainage district(s) that may be required for the project. Water and sewage. The proposed systems for water supply and sewage disposal shall be adequate to serve the needs of all proposed uses on the site without adversely impacting off-site facilities, neighboring properties or uses. Prior to the granting of site development plan approval, the applicant shall apply to the Town Board for any and all approvals relating to water or sewer districts that may be required for the project. 5. Section 240-52 shall be amended to read as follows: § 240-52 Gasoline filling stations. A. Fuel pumps and storage tank inlets shall be set back at least 25 and 15 feet, respectively, from the perimeter property lines of the site. Further, fuel pumps and storage tank inlets shall be located and oriented in such a manner as to prevent the stacking of vehicles into any road right-of-way and the blocking of any point of site ingress or egress. For the purposes of this section, canopies over commercial fuel pumps and filling areas shall be permitted to extend into the minimum required front yard for the district in which the property is located, but in no case shall any canopy be located within five feet of any lot line. B. All automobile parts, partially dismantled motor vehicles or similar articles shall be stored within a building. All repair and service work, including car washing, but excluding emergency service and the sale of fuel and lubricants, shall be conducted entirely within either a building or, where deemed appropriate by the Planning Board due to such factors as the size of the property involved and/or its location, shall be conducted entirely within a fenced -in area in which such work is visually screened from all adjoining properties and roadways. In no case shall any vehicles awaiting service or repair work be stored outdoors for a period exceeding five days, unless such vehicles are entirely located within a fenced -in area and are visually screened from all adjoining properties and roadways. Body work, major structural repair or painting shall not be permitted. Me C. Use of a building for any residence or sleeping quarters shall not be permitted. 6. A new Section 240-108.1 shall be added and shall read as follows: § 240-108.1 Zoning permit. Although a building permit is not required, a zoning permit issued by the Zoning Administrator shall be required for the construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) without electric, heating or plumbing, which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters). Section 4. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5. Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. 7 Section 7. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. jAdocs2\500\wappinger\code amendments 2019\zoning 11 1-23-19 dean.dhs.dou E:3 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER, NEW YORK NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a Public Hearing on the 11th day of March 2019, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should adopt Local Law No.2 of 2019 which would amend Chapter 240, Zoning, of the Town Code with respect to a variety of matters. PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed Local Law. PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: February 12, 2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI Town Clerk Town of Wappinger jAdocs2\500\wappinger\code amendments 2019\zoning II ph notice 10-16.dhs.doc NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Draft: 1-23-19 Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 3 of the year 2019 A local law entitled "A Local Law for the Purpose of Amending Chapter 85, Building Construction: Administration of Uniform Code, of the Town Code with Respect to Small Accessory Buildings." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) LOCAL LAW No. 3 OF THE YEAR 2019 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law No. 3 of 2019, for the Purpose of Amending Chapter 85, Building Construction: Administration of Uniform Code, of the Town Code with Respect to Small Accessory Buildings." Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and amend Chapter 85, Building Construction: Administration of Uniform Code, of the Town Code with respect to small accessory buildings. This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3. Amendments to Chapter 85, Building Construction: Administration of Uniform Code Sections 85-5.13 and 85-5.B(1) shall be revised to read as follows: B. Exemptions. No building permit shall be required for work in any of the following categories: (1) Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) without electric, heating or plumbing, which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters); however, a zoning permit shall be required for said structures in accordance with § 240-108.1 of the Zoning chapter of this code; Section 4. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. 2 Section 5. Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 7. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. J:\DOCS2\500\Wappinger\code amendments 2019\small accessory bldgs LL 1-23-19 clean.dhs.docx M NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER, NEW YORK NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a Public Hearing on the 11th day of March 2019, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should adopt Local Law No. 3 of 2019 which would amend Chapter 85, Building Construction: Administration, of the Town Code with respect to small accessory buildings. PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed Local Law. PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. Ir - 19 a) r DATED: February 12, 2019 N vn W BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI Town Clerk Town of Wappinger jAdocs2\500\wappinger\code amendments 2019\small accessory bldgs II ph notice 10-16.dhs.doc NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Draft: 1-23-19 Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 4 of the year 2019 A local law entitled "A Local Law for the Purpose of Amending Chapter 217, Subdivision of Land, of the Town Code with Respect to a Variety of Matters." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE N v (If additional space is needed, attach pages the same size as this sheet, and number each.) M N r LOCAL LAW No. 4 OF THE YEAR 2019 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law No. 4 of 2019, for the Purpose of Amending Chapter 217, Subdivision of Land, of the Town Code with Respect to a Variety of Matters." Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and amend Chapter 217, Subdivision of Land, of the Town Code with respect to a variety of matters. This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3. Amendments to Chapter 217, Subdivision of Land 1. Section 217-12.1 shall be revised to read as follows: Public hearing and resolution approving or disapproving application. In order to expedite the application, it is recommended that the applicant or his representative attend the public hearing. At the hearing, the Planning Board will give an opportunity to any interested person to examine or comment upon the preliminary plat and construction plans. When questions or issues are raised at the hearing requiring the obtaining of further information, the Planning Board shall have the authority to adjourn and continue the hearing at a future Board meeting. The Planning Board will approve, with or without modifications, or disapprove the preliminary subdivision application by resolution, which will set forth in detail any modifications to which the approval is subject or reasons for disapproval, pursuant to § 276, Subdivision 5, of the Town Law. A copy of this resolution shall be mailed by the Planning Board Secretary to the applicant as soon as possible following the Board's decision. The time within which the Planning Board must act on the preliminary plat may be extended by mutual consent of the applicant and the Board. Approval of the preliminary subdivision application does not authorize the applicant or owner to perform any clearing, tree felling, grubbing, grading or construction work on the lands being subdivided. Such authorization shall only take place after the approval of the final subdivision plat and construction plans. 0 2. Section 217-13.1-11 shall be revised to read as follows: H. Review of final subdivision plat and construction plans. After completion of the final subdivision plat and construction plans in accordance with the Board's resolution, eight copies of each shall be submitted to the Planning Board for final review. The construction plans must be endorsed by the Engineer to the Town as "approved" before the plat will be signed or any clearing, tree felling, grubbing, grading or construction work is approved or takes place. No formal approval shall be endorsed on the plat until a review has indicated that all requirements of the resolution have been met. 3. A new Section 217-13.1 shall be added and shall read as follows: No clearing, tree felling, grubbing, grading or construction work shall be approved or take place on the land being subdivided until all of the following occur: (1) Fulfillment by the applicant of all applicable conditions of the resolution of final subdivision plat approval. (2) A bond or other performance guarantee in an amount as determined by the Town Engineer for the possible restoration of the land being subdivided is filed with the Town. (3) A Notice of Intent (N01) and a Storm Water Pollution Prevention Plan (SWPPP) have been approved by the Town, if applicable. (4) Applicable inspection fees and sufficient escrow have been submitted by the applicant or owner to the Town. (5) Erosion and sedimentation, wetland protection, and tree protection measures, as applicable, have been implemented to the satisfaction of the Town Building Department. (6) The applicant shall attend a pre -construction meeting with the Town Building Department. 4. Section 217-15 shall be revised to read as follows: § 217-15 Completion of improvements or filing of performance bond or other security A. All improvements shown on the final subdivision plat and construction plans, such as but not limited to street signs, sidewalks, street lighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, sanitary sewers and storm drains shall be completed in a manner prescribed by the Town of Wappinger highway specifications or other applicable law, ordinance, local law, rule or regulation. The Planning Board shall ascertain whether or not all such improvements are to be completed prior to endorsement by the Planning Board Chairman of the final subdivision plat or, in the alternative, whether a performance bond or other security sufficient to cover the full cost of such improvements in an amount acceptable to the Town Engineer shall be submitted to the Town by the applicant or owner of the land being subdivided in lieu thereof of such improvement as prescribed in Town Law § 277 and the highway specifications.'] B. Any such security must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attorney as to form, sufficiency and manner of execution, and shall be limited to: (1) a performance bond issued by a bonding or surety company; (2) the deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in this state; (3) an irrevocable letter of credit from a bank located and authorized to do business in this state; (4) obligations of the United States of America; or (5) any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements. If not delivered to the Town, such security shall be held in a Town account at a bank or trust company. C. No performance bond or other security tendered under the provisions hereof shall be deemed acceptable unless provision is made therein for the payment of a sum to be determined by the Town Board in the event of failure to complete said improvements, for compensation to the Town by the surety or other security of any attorney's fees incurred by the Town in the event legal proceedings are necessary to enforce the same, with a provision for increase in the sum stipulated for said security to be correlated to a cost of highway construction index as formulated by the Town of Wappinger, and authorization from a surety of the owner of applicant, in the event the surety bond is accepted, that all acts of the owner or applicant are deemed to be accepted by the surety and that no further notice to the surety is necessary with respect to any acts taken by its principal. D. Any such performance bond or other security shall run for a term to be fixed by the Planning Board, but in no case for a longer term than three years, provided, however, that the term of such security may be extended by the Planning Board with consent of the parties thereto. If the Planning Board shall decide at any time during the term of the security that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security, or if the Zoning Administrator and Town Engineer decide that the required improvements have been installed as provided in this section in sufficient amount to warrant reduction in the amount of said security, and upon approval by the Town rd Board, the Zoning Administrator and Town Engineer may modify the requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning Board. E. In the event that any required improvements have not been installed as provided in this section within the term of such performance bond or other security, the Town Board may thereupon declare said security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds. (1] Editor's Note: See Ch. 214, Streets and Sidewalks, Art. V, Highway Specifications. 5. A new Section 217-27.1 shall be added and shall read as follows: § 217-27.1 Tree felling exception. Notwithstanding other provisions of this chapter to the contrary, the Planning Board may, by resolution, at its sole discretion, allow the felling of trees on a property after preliminary subdivision plat approval and prior to final plat approval when the timing of such tree felling is deemed by the Board to be in the best interest of protecting the Indiana bat (Myotis sodalis). However, in this context, the removal of stumps shall not be permitted and the movement of felled trees on-site or off-site is prohibited. Further, if the Board approves said tree felling, all of the following shall occur prior to the cutting of any trees: A. The applicant shall submit a sufficiently detailed plan prepared by a design LU professional and acceptable to the Planning Board which shows the area proposed N for the tree felling. B. A bond or other performance guarantee in an amount as determined by the Town v a) Engineer for the possible restoration of the land being developed shall be filed with M the Town. N Ir - C. C. A Notice of Intent (N01) and a Storm Water Pollution Prevention Plan (SWPPP) shall be approved by the Town, if applicable. D. Applicable inspection fees and sufficient escrow shall be submitted by the applicant to the Town. 5 E. Tree protection (for the trees to be preserved on-site), erosion and sedimentation protection, and wetland protection measures, as applicable, shall be implemented to the satisfaction of the Town Building Department. No tree felling under this section shall take place in any regulated wetland or regulated adjacent buffer area. F. The applicant shall attend a pre -construction meeting with the Town Building Department. 6. Section 217-12.A shall be amended to read as follows: A. Discussion with County Health Department and application to Town Board. Before preparing the preliminary plat, the applicant may discuss the proposed subdivision with the County Health Department, which must eventually approve any final subdivision plat. Particular attention should be paid to the area, grade and type of soil of proposed building sites, the proper amount of land area for private sewage disposal facilities and water supply and the proper drainage of stormwater. Prior to the granting of preliminary plat approval, the applicant shall apply to the Town Board for any and all approvals relating to water, sewer or drainage districts that may be required for the subdivision. Section 4. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5. Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if on such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section 7. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. jAdocs2\500\wappinger\code amendments 2019\subdivision 11 1-23-19 dean.dhs.dou 7 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER, NEW YORK NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a Public Hearing on the 11th day of March 2019, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should adopt Local Law No. 4 of 2019 which would amend Chapter 217, Subdivision of Land, of the Town Code with respect to a variety of matters. PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed Local Law. PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: February 12th, 2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI Town Clerk Town of Wappinger jAdocs2\500\wappinger\code amendments 2019\subdivision II ph notice 10-16.dhs.doc DOG CONTROL HOUSING AGREEMENT THIS AGREEMENT, made this day of 20, by and between DUTCHESS COUNTY SPCA, a New York Not -For- Profit Corporation having an address of 636 Violet Avenue, Hyde Park, New York 12538 Hereinafter referred to as "DCSPCA" and TOWN OF WAPPINGER, a municipal corporation Hereinafter referred to as the "TOWN" WHEREAS, the TOWN OF WAPPINGER Dog Control Officer, hereinafter referred to the "DCO", is empowered to seize dogs pursuant to the provisions of Agriculture and Markets Law Article 7, § 117; and WHEREAS, this Agreement applies only to dog(s) seized by the DCO that are running at large; and WHERES, pursuant to Agriculture and Markets Law Article 7, § 117, dogs seized by a DCO are required to be properly fed and watered during the applicable redemption period; and WHEREAS, DCSPCA maintains a kennel for boarding dogs and other animals at its office located at 636 Violet Avenue, Hyde Park, New York, 12538; and WHEREAS, the TOWN wishes to contract with DCSPCA to provide shelter for dogs seized by the DCO upon terms and conditions hereinafter set forth. NOW, THERFORE, it is hereby agreed by and between DCSPCA and the TOWN as follows: 1) RECITATION INCORPORATED: These recitations above set forth are incorporated in this Agreement as if fully set forth and recited herein. 2) TERM OF AGREEMENT: This agreement shall be become effective January 1, 2019 and shall continue until December 31, 2019. 1 3) BOARDING: DCSPCA hereby agrees to provide boarding, which included shelter, food and water, as required by the Law for the following dogs: a) Any/all dogs running at large (stray) seized by the DCO as outlined by the Agriculture and Markets Law Article 7, § 117(1) & (2); and b) Any/all dogs who have been seized by a court order pending a "dangerous dog" hearing, as outlined by the Agriculture and Markets Law Article 7, §123(2). All dogs seized by the DCO shall be delivered to the offices of DCSPCA at 636 Violet Avenue, Hyde Park, New York 12538. 4) HOLDING PERIOD: In order to provide the owners a reasonable time period in which to reclaim their seized dog, the DCSPCA and the TOWN agree to the following: a) For dogs running at large (strays): i) Dogs that are not appropriately identified, as outlined by the Agriculture and Markets Law Article 7, §117(4), will be held for five (5) days from the date they enter the shelter; ii) Dogs that are appropriately identified, as outlined by the Agriculture and Markets Law Article 7, §117(6), will be held for seven (7) days from the date they enter the shelter. The TOWN is responsible for notifying the owner of the seizure, as per the Agriculture and Markets Law Article 7,§117(6). iii) Upon expiration of the above stated holding periods, any and all dogs that have not been reclaimed by their owner, will become the property of the DCSPCA, as outlined by the Agriculture and Markets Law Article 7,§117 (7- a). b) For dogs seized under a court order pending a "dangerous dog hearing", as outlined by the Agriculture and Markets Law Article 7, §123(2)as per: • Dogs will be held until final disposition by the court OR a maximum of fourteen (14) days, whichever comes first. If the final hearing has not been held by the end of the fourteenth day, the TOWN will be responsible to make alternate arrangements housing of such dogs. The DCSPCA may consider continued housing on a case by case basis to be negotiated with the TOWN. 2 5) UNCLAIMED DOG DISPOSITION: Unclaimed dogs will be evaluated by the DCSPCA staff to determine if a dog's disposition and temperament will enable it to be adopted. If the dog is determined to be adoptable, it will be placed for adoption by the DCSPCA. If the dog is determined to not be adoptable, the DCSPCA will determine the best options for the dog. The DCSPCA reserves the right to handle the final disposition of dogs determined to be unadoptable within the Mission Statement of the DCSPCA. 6) RABIES VACCINATION: As outlined by the Agriculture and Markets Law Article 7, § 109(1)(a), for all dogs that are to be reclaimed, the owner must provide proof of town license, including proof of rabies vaccination. As such, the DCSPCA will not release any dog to its owner without proof of current town license and rabies vaccination. In the event that the dog is not up-to-date on its rabies vaccine and/or the owner is unable to provide proof of such vaccine to the TOWN, the DCSPCA will administer a rabies vaccine to the dog prior to redemption and will charge the owner for the cost of this service. 7) EMERGENCY VETERINARY CARE: In the event that a dog that is boarded is determined, by best judgment of the DCSPCA medical staff, to be in need of emergency veterinary care, the DCSPCA will arrange medical care for the dog. As per FEES§8c below, the TOWN will be charged for the veterinary fees as incurred by the DCSPCA only in the event the dog is not redeemed by the owner. The TOWN shall have the right to recoup the fees from the owner. 8) FEES: a) Boarding: i) The DCSPCA boarding fee is $55.00 per day. The first day is charged upon admission to the shelter and each subsequent day is calculated upon the dog being on the DCSPCA property at 12:00 am each day. ii) For dogs that are reclaimed by their owner, the owner will be required to pay the boarding fee directly to the DCSPCA. If an owner is unable or unwilling to pay this fee within the holding period, the dog will not be released to the owner and the dog will become the property of the DCSPCA upon expiration of the holding period. iii) For dogs that are not reclaimed by the owner, the DCSPCA will invoice the TOWN for the boarding fee. iv) For dogs that have been seized due to running at large and have been previous deemed a "dangerous dog" by order from a Court of competent jurisdiction AND dogs that have been seized by court order pending a dangerous dog hearing, there will be fee of $150.00 in addition to any and all daily boarding fees. b) Core Vaccinations: i) The fee for core vaccinations (Rabies, Distemper and Bordetella) is $60.00 ii) For dogs that are reclaimed by their owner, the owner will be required to pay the vaccine fee directly to the DCSPCA. If an owner is unable or unwilling to pay this fee 3 within the holding period, the dog will not be released to the owner and the dog will become the property of the DCSPCA upon expiration of the holding period. iii) For dogs that are not reclaimed by the owner, the TOWN will not be billed for the vaccines. c) Emergency Veterinary Care i) For services provided by the DCSPCA medical team, the DCSPCA usual and customary fees will be applied. ii) For care that requires services from a community-based veterinarian, the actual fee from the veterinarian will be applied. The DCSPCA will make the determination of which community-based veterinarian will be utilized. iii) For dogs that are reclaimed by their owner, the owner will be required to pay the medical care fees directly to the DCSPCA. If an owner is unable or unwilling to pay these fees within the holding period, the dog will not be released to the owner and the dog will become the property of the DCSPCA upon expiration of the holding period. iv) For dogs that are not reclaimed by the owner, the TOWN will be billed for the medical care fees. The TOWN shall have the right to recoup the fees from the owner. 9) RECLAIM/REDEMPTION OF DOGS: In an effort to simplify the billing process for both the DCSPCA and the TOWN, both parties agree that for those cases in which the owner wants to reclaim their dog, the owner must pay any and all TOWN fees/fines directly to the TOWN and directly pay any and all DCSPCA fees directly to the DCSPCA. As such, the following process will be employed: a) All owners will be informed by the TOWN and/or the DCSPCA of the necessary documentation and fees to be paid in order to reclaim their dog as well as the process to accomplish this task. b) Upon payment of the town fee, the TOWN will issue a copy of the Agriculture and Markets Department Form DL -18 (or comparable form) to the dog owner or designee, which will evidence that the TOWN has received all TOWN reclaim/redemption fees. The owner will be instructed to present this documentation to the DCSPCA to reclaim their dog. Additionally, they will be informed of the need to pay the boarding and other applicable fees directly to the DCSPCA upon reclaiming their dog. c) The DCSPCA shall be available to process reclaims of dogs at its office on the following days: i) Monday thru Friday: 9:00 am to 4:00 pm. ii) Saturday and Sunday: 12:00 pm to 4:00 pm iii) Dogs may not be reclaimed on observed holidays 4 10) KENNEL SPACE: At all times, the DCSPCA will provide kennel space for all dogs that are seized; the Dog Control DCO will have twenty-four (24) hour access to DCSPCA kennels for the delivery of dogs. The DCO will be required to complete DCSPCA paperwork and ensure that the dog has food, water and bedding in its kennel. 11) INDEMNIFICATION: The DCSPCA shall defend, indemnify and hold the TOWN, its officials, officers and employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses and expenses including, without limitation, reasonable attorney's fees arising out of the wrongful actions of the DCSPCA. The TOWN shall defend and indemnify and hold the DCSPCA, its officials, officers and employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses and expenses including, without limitation, reasonable attorney's fees arising out of the wrongful acts or admissions of the TOWN. 12) APPLICABLE LAW: This Agreement shall be governed by, construed and enforced in accordance with the laws of New York with regard to conflicts of laws and principles of law. 13) WAIVER: No waiver of any breach of any condition of this Agreement shall be binding unless in writing and signed by the party waiving such breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for repetition of such or any other breach unless the waiver shall specifically include the same. 14) MODIFICATION: This agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. 15) NOTICES: All notices, demands, requests, consents, approvals or other communications (for the purpose of this paragraph collectively called "Notices") required or permitted to be given hereunder to any party to this Agreement shall be in writing and shall be sent overnight delivery service or registered or certified mail, return receipt requested, postage prepaid. 16) SUCCESSORS and ASSIGNS: This Agreement shall apply to bind the successors and heirs, administrators and executor of the parties hereto. 17) ENTIRE AGREEMENT: This written Agreement, when signed by all parties, forms the entire Agreement between the parties and replaces and supersedes all prior Agreements or undertakings between the parties, if any. 18) BINDING EFFECT: This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties hereto. 19) AUTHORIZATION: This Agreement was authorized by Resolution of the Town Board of the TOWN OF WAPPINGER, duly adopted at a regular meeting of the Town Board held on the day of , 20) TERMS: This contract can be cancelled at any time from either party with sixty (60) days written notice. 21) PAYMENT: DCSPCA shall bill the town within 30 days of rendering service. All bills submitted to the TOWN will be paid within thirty (30) days of the invoice date. If no payment is made to the DCSPCA within sixty (60) days the DCSPCA reserves the right to charge a $50.00 per month surcharge. IN WITNESS WHEREOF, the parties have executed this Agreement in two (2) counter parts, each of which shall constitute an original, the day and year first above written. DUTCHESS COUNTY SPCA By: Lynne Meloccaro, Executive Director TOWN OF WAPPINGER in 11 Richard L. Thurston, Town Supervisor I to t Charter Town of Wappinger Arts and Cultural Development Advisory Committee I. Purpose and Intent a. It is the intent and purpose of the Town of Wappinger Board to establish a Arts and Cultural Development Advisory Committee to assist the Town Supervisor and Town Board in promoting, encouraging, and increasing support for the Town's artistic and cultural assets as well as working to integrate arts and culture into community life. The. Committee will be an advisory committee. b. The Committee's primary objectives will include: • To preserve and enrich the character of the Wappinger Community. • To celebrate cultural heritage. • To broaden the role of the arts in the Community. • To foster artistic creativity. • To encourage development of Carnwath Farms as a destination for arts and culture. • To demonstrate the significant enhancement to the quality of life that public art and cultural offerings can have within the community. • To use art as a means to foster the Community's sense of spirit, pride and values. • To exhibit a range of all aspects of art and cultural activities including visual arts, performing arts, history, and social activities. 1 To advocate for the role and value of arts and culture in civic life. To assist the Board in identifying nominees for several non -paid honorary positions in Arts and Culture, including: a "Poet -in -Residence"; "Writer -in - Residence"; "Performer -in -Residence"; and "Musician -in -Residence"; To recommend special artistic and cultural programs for children, seniors, and special -needs citizens; To assist the Town Board in developing the reputation of the Town of Wappinger as an arts and cultural destination. The Town DFP staff will support the Council by providing information, attending meetings, helping facilitate artistic and cultural events, and assisting in the preparation of grant applications and reports. II. Committee Role and Responsibilities The Committee's work may involve the following activities: To provide suggestions to the Town Supervisor and the Town Board to support public art projects, cultural activities, and events. To work with the Town Supervisor and Town Board to plan and program arts and cultural activities. To solicit proposals from local artists to design public art projects within the Town that would be proposed for consideration and possible funding by the Town Board. To identify and select works of art for display and exhibition within the Town To work with other organizations and individuals to promote the arts and culture within the Town of Wappinger. 2 To explore and advise the Town Board on possible grant funding, donations, or in-kind services. To recommend policy, program, and legislative proposals for consideration by the Town Board. III. Funding. It is anticipated that funding for use by the Committee may come from: (i) volunteer donations (through a 501 c3 to be established); or (ii) may be dedicated and allocated by the Board on an annual or as appropriate basis, but such Board funding will depend on available revenue or fund balance. Any funding by the Town Board shall be at the sole discretion of the Board. IV. Membership and Meetings. a. The Committee will be comprised of a minimum of 7 and not to exceed 20 individuals including the Town Supervisor (and sitting as the Chairperson of the Committee) and one member of the Town Board. The remaining Committee members should have a background/experience that demonstrates a knowledge, education, or experience in the arts or experience in designing and/or promoting cultural activities. b. All members of the Committee must represent the community interest and not personal or sectional interests. 3 c. Each member will be appointed to a three year Term. There is no limit on the number of terms that a member may serve. Any member may resign at any time by advising of his or her resignation to the Committee and Town Board in writing. The Town Board will be responsible for appointing any person to fill the vacancy for the remainder of the Term. The Board may remove a Committee member from the Committee at any time, with or without cause. d. The Committee will meet as needed, with a minimum of one meeting per quarter. Board attendance requirements shall apply to the members of the Committee. The Chairperson of the Committee will preside over Committee meetings. A majority of Committee members will constitute a quorum. Committee approvals will require a vote of a majority of the Committee members present at a meeting at which a quorum is present. e. Minutes of meetings will be maintained in writing and shall be presented at the next available Regular Meeting of the Town Board. V. Limitations of Authority a. The role of the Committee is to provide advice to the Town Supervisor and Town Board, and it may only act within this Charter and or as otherwise endorsed by Board. b. It is specifically noted that the Town has a Department and Committee responsible for the following areas: beautification, parks and athletics, recreation and senior activities. It is expected that, where appropriate, the Wappinger Arts and 21 Culture Council, the Department of Parks and Recreation and the Recreation Committee will be mutually supportive. C. The Committee has no authority to: • expend moneys on behalf of the Board; • commit the Board or the Town of Wappinger to any arrangement; • consider any matter outside its specific Charter; and/or • direct Board officers in the performance of their duties. VI. Publicity No individual member may make any statements on behalf of the Committee unless authorized to do so by the Committee. VII. Amendment This Charter may only be amended by a duly adopted resolution of the Town Board. The Committee may make recommendations to the Town Board for appropriate amendments as they deem appropriate. VIII. Authorization This Charter was approved by the Wappinger Town Board on 5 DRAFT OF 2019 CONRACT WITH WAPPINGER UNITED SOCCER SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND TOWN OF WAPPINGER UNITED SOCCER CLUB THIS AGREEMENT made the day of , 2019, by and between TOWN OF WAPPINGER A Municipal Subdivision, having its offices at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as the "TOWN" and WAPPINGER UNITED SOCCER CLUB A Not -For -Profit Corporation, with its principal offices at , Wappingers Falls, New York 12590, hereinafter referred to as the "WUSC". WITNESSETH: WHEREAS, the TOWN has maintained a long-standing relationship with the WUSC and acknowledges the partnership the TOWN has had with WUSC in providing a soccer program for the youth of the Town of Wappinger and the surrounding community; and WHEREAS, the WUSC has provided assistance in maintaining the TOWN'S soccer fields, all of which are located within public recreation lands, and, except as authorized by this Agreement, WUSC acknowledges that the fields are open to the general public for use as athletic fields, subject to approval by the Town Board and as administered by the Town of Wappinger Director of Recreation and the Town of Wappinger Recreation Committee; and WHEREAS, the parties desire to enter into this contract to provide a soccer program and soccer instruction for the youth of the Town of Wappinger; and WHEREAS, the WUSC is willing to provide such services upon the terms and conditions hereinafter set forth. -1- DRAFT OF 2019 CONRACT WITH WAPPINGER UNITED SOCCER NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, and other good and valuable consideration, the TOWN and the WUSC hereby agree as follows: 1. Term. The term of this Agreement shall be January 1, 2019 through December 31, 2019. 2. Services Provided. 2.1. The WUSC shall provide qualified and responsible management and supervision of a soccer program for all youth residing within the Town of Wappinger and the Village of Wappingers Falls between the ages of 3 and 18. 2.1.1. Thirty (30) days prior to the start of each season, WUSC shall supply the Town Board with a roster of the participants in the soccer program; such roster shall contain the names, addresses, including township of the residence of each participant. 2.2. The soccer program shall include soccer activities in one of the following Leagues: Youth Development Academy (U4 -U8) Intramural/Recreational (U9 -U19) Travel Program 2.3. Only the Leagues described above are permitted to use Town fields pursuant to this Agreement. "Travel Teams" not under the management of WUSC are not authorized to use Town fields pursuant to this Agreement. Travel Teams must apply separately to use the fields and pay for the use of the fields pursuant to the Town's "Field Use Permit" -2- DRAFT OF 2019 CONRACT WITH WAPPINGER UNITED SOCCER 2.4. Assignment of participating youths shall be made by the WUSC, which shall make such assignment by taking into consideration the age of the youth and the youth's individual skill level as determined by the WUSC. 2.5. The WUSC shall provide all supervision, coaches, instructors, and referee personnel necessary to provide management, supervision, instruction, and safety in the above - referenced leagues, as well as provide the youth a team experience in a formal organized program. . It shall be the responsibility of the WUSC to perform background checks of all coaches and instructors to provide the appropriate security. WUSC shall request proof of background checks conducted by the association of referees used by the league. 2.6 The WUSC shall provide such administrative personnel as necessary to provide for the smooth and efficient operation of the above-mentioned Leagues, together with necessary coordination of such programs and use of TOWN fields as approved by the Town of Wappinger Recreation Director, in consultation with the Town of Wappinger Recreation Committee and the Chairman of the Town of Wappinger Recreation Committee. 3. Revocable License to Use Town Sports Field Facilities. 3.1. The TOWN shall provide sports field facilities for the program. 3.2. The TOWN hereby grants a revocable license to WUSC to use the Airport Road Soccer Fields, the Rockingham Park Soccer Fields and such other fields as authorized by the Town of Wappinger Town Board, in consultation with the Town of Wappinger Recreation Director, Town of Wappinger Recreation Committee (hereinafter "Committee"), and the Chairman of the Town of Wappinger Recreation Committee, in accordance with the Field Use Procedure as adopted by the Town Board. -3- DRAFT OF 2019 CONRACT WITH WAPPINGER UNITED SOCCER 3.3. Thirty (30) days prior to the start of each season, WUSC shall submit a proposed use of the soccer fields necessary to provide the soccer program for the League specified in 2.2 above. The schedule of needed soccer fields shall be submitted to the Director of Recreation who shall review and approve the schedule of use of the fields, or make any necessary modifications thereto. Any changes to the scheduled use of the fields must be approved by the Director of Recreation. 3.4. To the extent practicable, the TOWN shall give WUSC a priority in scheduling the use of the fields. The Wappinger Recreation Director and/or the Chairman of the Recreation Committee may consult with the Supervisor of Buildings and Grounds of the Town of Wappinger in approving the use of the fields or other facilities authorized herein. The parties acknowledge that the following individuals have been duly appointed to the following positions for the purpose of implementing this agreement and the Terms and Conditions hereunder: Town of Wappinger Supervisor — Dr. Richard L. Thurston Town of Wappinger Liaison to the Recreation Committee—Michael Kuzmicz Wappinger Recreation Director — Jessica Fulton Chairman of the Recreation Committee — Ralph Holt Supervisor of Buildings and Grounds — Steven Frazier President of WUSC—Adam Kangas Each Party will promptly notify the other party if there is any change in the above identified persons. 3.5. The use of authorized soccer fields and related facilities shall include the concession stand, fencing, and porta johns, all as they presently exist and as they may be maintained from time to time hereafter. M DRAFT OF 2019 CONRACT WITH WAPPINGER UNITED SOCCER 3.6. The TOWN shall be responsible for all maintenance and repairs of the fields and such custodial services as may be deemed necessary by the Town of Wappinger Supervisor of Buildings and Grounds and as approved by the Town Board, except as hereinafter set forth The WUSC shall promptly notify, in writing, the Supervisor of Buildings and Grounds of any dangerous conditions on any of the facilities licensed hereunder or any needed repairs to the soccer fields or other facilities. Weather and field conditions permitting, the TOWN will provide weekly mowing of the fields and common areas on a day to be agreed upon by the Supervisor of Buildings & Grounds and WUSC President. The TOWN will also provide string trimming of the fences, buildings and bleachers on a bi-weekly basis. The TOWN will attend to clean up of storm debris including fallen trees or branches as soon as possible following the storm. 3.7. The Town Board, in consultation with the Supervisor of Buildings and Grounds, must approve all capital or major improvements requested to be undertaken by WUSC on any of the sports fields; the approval shall be in the form of a motion or resolution adopted by the Town Board at any regular or special Town Board Meeting. The request for improvements must identify the type of improvements and any design plans, projected cost, and expenses. All such improvements shall be paid for by WUSC unless the TOWN expressly agrees otherwise. 3.8. Since Airport Drive Soccer Fields and Rockingham Park Soccer Fields are locked -gate Town parks, the Town's Supervisor of Buildings and Grounds, after consultation with the Town Supervisor, shall create a list of authorized key holders to open and close the park each day and shall so notify WUSC and the Town's Director of Recreation. 3.9. The Recreation Director will notify WUSC in the event there is any request to use any of the park facilities that may conflict with the approved schedule of uses by WUSC. To the extent practicable, the TOWN shall not grant approval to outside users so as to -5- DRAFT OF 2019 CONRACT WITH WAPPINGER UNITED SOCCER insure there will be no conflicts with the approved schedule of uses for WUSC. Both parties agree to cooperate to maximize use of the facilities with other users, with a preference given to WUSC whenever possible or practical. 4. Use of Buildings and Grounds. 4.1. During the time that WUSC is using the fields in accordance with the approved schedule of use, the TOWN hereby grants a revocable permit to WUSC to use existing buildings at the Airport Drive Soccer Fields for the purposes of storage of equipment and the operation of a food and drink concession. No other use of the buildings or the grounds shall be permitted without the expressed consent of the Supervisor of Buildings and Grounds, after consultation with the Town Supervisor. 4.2. The WUSC will be responsible for the maintenance and cleanliness of the concession stand and all equipment in connection therewith, and further affirmatively agrees to operate the concession stand and equipment in accordance with the rules of the Dutchess County Health Department and any other regulatory agency having jurisdiction over the facility. 4.3. Any violations of any rule, law, regulation, ordinance or statute by WUSC in the operation of the concession stand will be the sole responsibility of WUSC and WUSC agrees to indemnify and hold harmless the TOWN for any such violations. WUSC will repair/correct any violation within 30 days or by the date mandated by the Dutchess County Health Department and any other regulatory agency having jurisdiction over the facility. 5. TOWN Responsibilities. 5.1. The TOWN shall supply general and routine maintenance to the parks' buildings, structures and grounds, except for those items specifically designated as WUSC responsibilities in paragraph 6 following. M DRAFT OF 2019 CONRACT WITH WAPPINGER UNITED SOCCER 5.2. The TOWN shall supply porta johns and garbage removal. 5.3. The Supervisor of Buildings and Grounds shall be notified in the event emergency repairs are required and needed for any of the facilities licensed herein. The Supervisor of Buildings and Grounds will provide an emergency phone number at which he or another designated individual can be reached in the event emergency repairs are required. 5.4. The TOWN shall mow and maintain the length of the grass on the soccer fields. The TOWN shall weather and field conditions permitting, provide weekly mowing of the fields and common areas on a day to be agreed upon by the Supervisor of Buildings & Grounds and the WUSC President. The TOWN will also provide string trimming of the fences, buildings and bleachers on a bi-weekly basis. The Town will attend to clean up of storm debris including fallen trees or branches as soon as possible following the storm. 5.5. The TOWN shall maintain and keep in structurally and/or mechanically good order the fences, signs, and electrical services to the parks. 5.6. Upon request by WUSC, the TOWN, through the Department of Buildings and Grounds shall trim or remove any trees or ornamental shrubbery that interferes with game playing on any of the fields. 6. WAPPINGER UNITED SOCCER CLUB'S Responsibilities. 6.1. WUSC will be responsible for properly measuring and marking all field line distances and any other measurements pursuant to the guidelines and regulations for the game of soccer. 6.2. WUSC will pay for any improvements it deems necessary outside of the TOWN responsibilities, subject to Town Board approval, in consultation with the Supervisor of Buildings and Grounds. -7- DRAFT OF 2019 CONRACT WITH WAPPINGER UNITED SOCCER 7. Equipment. The WUSC shall provide all sporting equipment necessary for the implementation of the soccer program to be provided herein, including, but not limited to, balls, insurance, uniforms, league fees, players' equipment, goals, etc., and such other equipment to maintain the fields as required for the game of soccer 8. Availability. The soccer program herein provided shall be made available to all youth of the TOWN, inclusive of the Village of Wappingers Falls. The sports program shall be provided starting in the month of March 2019 through November 2019, as approved by the Recreation Department. 9. Medical Insurance Coverage. The WUSC shall provide medical/injury insurance equal to or greater than the standard insurance coverage covering the medical expenses for any of the participants in the soccer program. 10. Liability Insurance. 10.1. The WUSC shall indemnify and hold harmless the TOWN from all claims on account of injury, loss or damage arising or alleged to arise out of or in connection with the occupancy or use of the Town of Wappinger Recreation Fields; including all expenses incurred by the TOWN in the defense, settlement or satisfaction thereof including expenses of legal counsel. 10.2. In addition, the WUSC agrees to provide to the TOWN, a certificate of insurance, which indicates a current Commercial General Liability policy is in force with the WUSC as a named insured written with an insurance company with an A. M. Best's rating of "A" or better. The occurrence limit must indicate a limit not less than $1,000,000. The TOWN shall be named as an additional insured and/or certificate holder on a primary, non-contributory basis. DRAFT OF 2019 CONRACT WITH WAPPINGER UNITED SOCCER 10.3. No approval is granted or implied unless and until all requirements as outlined above have been submitted to, received and accepted by the TOWN. 11. Indemnification. The WUSC will save, indemnify and hold harmless the TOWN and its agents, servants and employees from against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from any claims, damages, disease, death or injury to any participants in the program conducted by the WUSC, including the loss or destruction of tangible personal property, except, however, the WUSC shall not responsible or assume any liability for any acts of negligence committed by or on behalf of the TOWN, its agents, servants and employees 12. Worker's Compensation. The WUSC shall provide Worker's Compensation coverage as required by General Municipal Law § 108. 13. Financial Disclosure. The WUSC will furnish to the Town Board a profit and loss statement for the WUSC and show distribution of funds from any non-profit tournaments and camps run by WUSC on TOWN property no later than January 31" of each year hereafter 14. Fee for Administration of Program. 14.1. The TOWN shall pay WUSC the sum of Three Thousand Dollars ($3,000.00) for the administration and oversight of the soccer program to be provided pursuant to this Agreement. 14.2. WUSC shall be solely responsible for providing all additional financial support necessary to provide the soccer programs to be provided hereunder. 14.3. The TOWN will authorize the use of the Airport Drive Soccer Fields by the WUSC for one summer camp program. All proceeds from the camp will be paid to WUSC DRAFT OF 2019 CONRACT WITH WAPPINGER UNITED SOCCER and will be used to financially subsidize the soccer program authorized by this Agreement. The TOWN shall not charge any fee for the use of the Airport Drive Soccer Fields for this camp 15. Non -Discrimination. The WUSC will not discriminate because of race, color, national origin, ancestry, or religion. WUSC will commit to being a safe and civil environment for all players coaches, staff, volunteers, referees, and patrons, free from harassment, intimidation, or bullying. The program shall be open to all youths who have a permanent residence within the Town of Wappinger, including the Village of Wappingers Falls, who are between the ages of 3 and 18. 16. Independent Contractor. The parties hereby agree that WUSC is hereby deemed an "independent contractor" and shall not be considered an employee or agent of the Town of Wappinger. 17. Non -Assignment. This Agreement may not be assigned. 18. Authorization. Each party, by execution of this Agreement, represents that it has duly obtained the authorization of its governing body to enter into this Agreement. The Town Supervisor or his duly designated Deputy Supervisor is hereby authorized to execute this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Wappinger at a regular meeting thereof held on the day of , 2019. 19. Duplicate Originals. This instrument shall be executed in four (4) counterparts with at least one duplicate original permanently filed in the Office of the Town Clerk of the Town of Wappinger. IN WITNESSETH THEREOF, the parties have set their hands and seal this day of , 2019. -10- DRAFT OF 2019 CONRACT WITH WAPPINGER UNITED SOCCER TOWN OF WAPPINGER By: DR. RICHARD L. THURSTON, Supervisor WAPPINGER UNITED SOCCER CLUB, INC. STATE OF NEW YORK ss: COUNTY OF DUTCHESS , President On the day of , 2019, before me, the undersigned, personally appeared DR. RICHARD L. THURSTON known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) On the day of ,2019, before me, the undersigned, personally appeared known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -11- (Draft Mission Statement) Town of Wappinger Department of Parks, Facilities and Programs The Department of Parks, Facilities and Programs ("DFP") is responsible for promoting our community through its people, parks and programs. In the Town of Wappinger, the DFP helps to improve the quality of life. Put.�Iic parks acid recreatioti are the gateways to a. healthier'., more fiva.t.iIe cotinmuiity. The DFP is responsible for the recreational and other community uses of the Town's parks and facilities, including Carnwath Farms (96.9. acres), and its open spaces. DFP offers and manages a variety of recreation programs and activities for people of all ages and interest. The Department plans and organizes special events, summer camp, sports programs; senior trips, youth classes, senior programs, and exercise, health and enrichment activities for all ages. DFP provides rewarding and enriching experiences for the residents of The Town of Wappinger. Annual special events in Wappinger include: Easter Egg Hunt; Independence Day Celebration-, Summer Concert Series; Memorial and Veterans Day Ceremonies; Craft Fair; Community Day; Trunk or Treat; Christmas Tree Lighting, etc. Everyotie needs the o1.)1,.)ortU111itY or sell etirichtiietit, advetiture, fiellowshil'.) atid quiet reflectioti. The '17owti Board acid its staff are dedicated to 1.)roviditig recreation al o1,,.)1,.)ortuiiifies in a. safe atid itiviiflitig etivi I rotitiietit. The primary MISSION objectives of the DFP are to: 0 Strengthen Community Image and Sense of Place; 0 Promote Health and Wellness; 0 Foster Human Development; 1 Increase Cultural Diversity through recreation and community programs and experiences; Provide a meeting place and activities for our Seniors; Park facilities and recreation programs should contribute positively to an individual's leisure, but can never fulfill this need completely. Promoting Arts and Culture throughout the Town. DFP will strive to provide meaningful recreational opportunities and quality facilities that allow for meaningful leisure, but ultimately it should help Wappinger residents develop healthy attitudes towards leisure and active lifestyles that will contribute to long, healthy, happy lives! Administration is an important function within our Department. This includes our staff in Town Hall, website maintenance, activity registration, and accounts payable. Lastly, Administration coordinates the Seniors' 5016 fund. It is responsible for communicating and coordinating with the Town's Recreation Committee, [Arts and Culture Committee — draft Charter has been prepared], and with the Town's Building and Grounds Department. The DFP is not responsible for the repair and maintenance of our Town's parks and facilities. This is the responsibility of the Department of Building and Grounds. 2 Ship To: TOWN OF WAPPINGERS Invoice To: TOWN OF WAPPINGERS ATTN:JOHN : HWAY DEPT. 20 MIDDLEBUSH ROAD WAPPINGERS FALLS NY 12590 Pine Bush Equipment 24 Sybil Court Holmes, NY 12531 Phone: 845-878-4004 Fax: 845-878-9626 Remit to: 32970 Collection Center Dr. Chicago, IL 60693-0329 Branch 42 - Holmes, NY Date Time Page 01/29/2019 13:23:40 (0) 1 Account No Phone No Est No 01 WAPPI002 8452979451 G00069 Ship Via Purchase Order Tax ID No 790790 Salesperson Bowler, Will - PB WIB EQUIPMENT ESTIMATE - NOT AN INVOICE Description ** Q U O T E ** EXPIRY DATE: 03/15/2019 Amount Stock #: ? Serial #: Hours: 0 Rockhound Attachments 30 EXHD Authorization: 8475.00 Sale # 01 Subtotal: 8475.00 TOTAL: 8475.00 Subtotal: 8475.00 Quote Total: 8475.00 Terms: Payment Due Upon Receipt X Received By WESTCHESTER TRACTOR, INC. THE BEST DON'T REST 60 INTERNATIONAL BLVD. BREWSTER, NY 10509 Phone (845) 278-7766 Fax (845) 278-4431 Web: http://www.wtractor.com Customer Information: TOWN OF WAPPINGERS FALLS PHONE EXT FAX PARKS AND RECREATION DEPT. CELL EMAIL QUOTE DATE: January 28, 2019 Quotation valid for (days): 30 Quotation valid until: February 27, 2019 Prepared by: Frank LaBarbera Salesman's Phone #: (203) 833-4537 Salesman's Email: frankl@wtractor.com MACHINE AND OPTIONS PRICE VALLEY TOOL MODEL 30EXHD BRUSH HOUND. 30" CUT, HEAVY DUTY FORESTRY FLAIL HEAD WITH HAMMER KNIFE FLAILS. MADE TO MOUNT ON CATERPILLAR 304E EXCAVATOR. COMPLETE WITH HOSES AND FLAT FACE COUPLERS 3 WEEKS FOR DELIVERY $8,750.00 TRADE UNITS TOTAL TOTAL TAX TOTAL PRICE $ $ $ 8,750.00 - 8,750.00 PLUS TAX IF APPLICABLE THANK YOU FOR YOUR BUSINESS! A El O M M M O M M Q C_V N N N N N V T a N N N a N c a c 0 In (D C f� � N C 0) OL . _ C r- to cod Z N CO u E 0 ui O p C C a O U 0 Q- CD r a U r o LL c 1 OQ4-- oo- N 0 0 O 0-0 y C) /!\ ♦i♦ m N 2 O N r Q7 fafl(/)ILLIOIQ� ( M cr) C) 0) 0)0) 0) N 4 C) O 0 0 0 0 N N N N N N 1 41 .+ OC) W 2 o0 04 T Q) T N (O N CD a O X 0 0 0 0 0 J T O T O T Q T O T 0 T 0 N N N N N N ONN cr7'04 C N N N J y Vi T T T 4) OCD U E y O V/ LL L �-r-0 ami ca CL O 0 Q E� U O v O ++ L i0 U Cn in 0 a� a� m m U U m m° 0 0 0 0 0 0 Q1 T NCY3 -grm 0 0 0 0 0 0 0 E O O o 0 0 0 Z T T T! T T N N N N N N 1010101c:11010 A El .2019/02/l1 -oel January 28, 2019 Chairman Bruce Flowers Town of Wappinger Planning Board Wappingers Falls, NY 12590 Dear Chairman Flowers, Due to my appointment as Town Councilman, I resign my position on the Town Planning Board effective immediately on this day, January 28, 2019. I thank you for your support. Sincerely, Christopher Phillips aC `C��MG�-D JAN 2 8 2019 TOWN OF WAPPINGER MAIN rl r-r)v 20(?Az III so Cox Robert A. Johnston 31 Scott Drive Wappinger Falls, NY, 12590 To: Joseph Paoloni Wappinger Town Clerk From.: $oberx A.,Johnston Date: January 28, 2019 I have been proud to serve the Town of Wappinger for the last 13 months as Councilman, Ward 3, and Dtpaty Town ,S.upervisor so it is with great gratita e, and a little bit, -of sorrow, that I mm1 resign,frum t tm paltious, . I have been afforded an opportunity out of state, that I was unable to pass up. Please accept this as my formal resignation from office effective immediately. Sincerely, 100ert. A, I . h9g., JAN 2 S 2019 TOWN OF WAPPI,NGER TOAjrm ri r -PK, MARCUS J. MOLINARO C OUN-I Y EXECUTIVE Joseph Paoloni, Town Clerk Town of Wappinger PO Box 324 20 Middlebush Road Wappingers Falls NY 12590 �ft 1/ 0 9ED Zal Iaz /it 00 00 HEIDI SEELBACH COMMISSIONER January 31 2019 In accordance with Sub. 4 of Section 550 of the County Law, 1 herewith transmit to you a statement of all moneys paid to the Supervisor of your Town by the County of Dutchess for the period beginning January 1st, 2018 and ending December 31 st, 2018. -- - - - --------- - Commissioner of Finance Date of Check Account Amount 06/01/18 Mortgage Taxes: 306,473.46 12/07/18 285,,767.60 $592,241.06 Payment in Leu 01/25/18 of Taxes 969.24 09/13/18 934.80 1,904.04 03/31/18 Sales Tax: 263,984.22 04/28/18 46,638.52 04/28/18 210,964.70 07/23/18 298,077-36 10/31/18 260,009.42 12/31/18 275,686.89 1,355,361.11 Total for Town: $1,949,506.21 M 3 1 2019 WAPPINGER I a V? K 22 Market Street, Poughkeepsie, New York 12601-3294 - (845) 486-2025 Fax - (845) 486-2198 www.dutchessmy.gov ZONING ADMINISTRATOR Barbara Roberti - Ext, 128 PLANNING BOARD & ZONING BOARD OF APPEALS SECRETARY Bea Ogunti — Ext 122 20 19 /a/11 oft aot TOWN OF WAPPINGER ZONING DEPARTMENT 20 MIDDLEBUS-H ROAD WAPPINGERS FALLS, NY 12590 (845) 297-1373 Ext. 2 Fax(845)297-0579 www.townofwappin genus To: Joseph Paoloni, Town Clerk uy\-� From: Barbara Roberti, Zoning Administrato Re: Schedule of Performance & Mainte ance Bonds for the month of February 2019 January 30, 2019 PERFORMANCE BONDS SUPERVISOR Dr. Richard L. Thurston TOWN BOARD William H. Beale Chris Phillips Angela Bettina Michael Kuzmicz ai 0 J 0 v c 07�CL 0 FEB 01. 2019 U r TOWN OF WAPPINGSAIr- TOWN CLERK N u7 W it SUBDIVISION {Sub.) SECURED SITE PLANS (SP) BY AMOUNT CALL EXPIRES STATUS All Angels Hats. Subdivision Cash Deposit $104,427.60 Hilltop Village -Toll Land V Surety Bond $462,457.00 939B SBGG1368 Hilltop Villa a -Toll Land V Surety Bond $155,800.00 ( Sidewalks, Street Trees & Lighting) #SU1133194 Malon2y Heights Subdivision Bond $384,000.00 (Attalah & Joseph Nesheiwat) #7751805 Ridges Subdivision Letter of Credit $104,464.80 1 No expiration date No expiration date No expiration date 9110/19 11/19/19 511/19 6/30/19 -accepted by TB 10-17116 -reduction accepted by TB 9129115 -2nd reduction accepted by TB July 23, 2018 -accepted by TB 2/25/08 -Reduction accepted by the TB zo MAINTENANCE BONDS SITE PLAN RESTORATION BONDS Calvary Chapel of the H.V. Cash Deposit $ 41,600.00 ****** Furnia Subdivision Cash Deposit $7,500.00 Old Hopewell Commons Cash Deposit $5,000.00 Osborne Square Cash Deposit $2,000.00 Prestige Mini Cash Deposit $4,640.00 Cc: Planning Board Town Board James Horan Robert Gray Vincent Bettina File -Accepted by TB on February 24, 2014. Released upon Resolution Approval w/ signed maps 0 -Accepted by TB on J 0 March 12, 2018 Released upon 0. Resolution Approval w/ signed maps v -Accepted by TB on August 6, 2018 a) Released upon N Resolution Approval w w/ signed maps °C Ir- -Accepted -Accepted by TB on Ir- r April 11, 2016 a) Released upon N Completion of c Dumpsters E v CU -Accepted by TB on March 24, 2014. Released upon Resolution Approval w/ signed maps 2 TOWN JUSTICE HEATHER L. KITCHEN February 4", 2019 20IT102111 VIM TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (945) 297-6070 + (845) 297-0145 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. Supervisor Thurston and Members of the Town Board Town Hall 20 Middlebush Rd. Wappingers Falls, NY 12590 Dear Supervisor Thurston and Members of the Town Board: TOWN JUSTICE CARL S. WOLFSON The following cases were disposed of while I presided over the Justice Court during the month of January 2019: 99 Vehicle & Traffic Law matters resulting in $11,389.00 collected in fines and fees. 12 Penal Law matters resulting in $205.00 collected in fines and fees. 8 Civil matters resulting in $100.00 collected in fees. 14 Termination of Suspension matters resulting in $1,190.00 collected in fees. 2 Local Law matters resulting in $125.00 collected in fees. 1 Executive Laws matters resulting in $50 .00 collected in fines. I have forwarded a check in the amount of $13,059.00 to the Town of Wappinger on February 5"', 2019. Additionally, I am holding $27,500.00 in pending bail. Re ec su ed, Heather itchen E C IE� n /] l� D Town Justice V l� cc: Joseph Paoloni, Town Clerk FEB 0 6 2019 TOWN OF WAPPINGER T"OWNI rl. FP K BUILDING INSPECTOR Susan Dao - Ext. 125 DEPUTY BUILDING INSPECTOR Vol Griffiths — Ext 11, 42 Tony Steene - 130 CLERICAL ASSISTANT Christa Verano - Ext. 123 Susie Hansen- Ext. 126 A*O% TOWN OF WAPPINGER A7.13.a Iwlw SUPERVISOR Richard: L. Thurston TOWN BOARD William H. Beale Angela Bettina Chris Phillips Michael Kuzmicz ZONING ADMINISTRATOR Barbara Roberti - Ext. 128 BUILDING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6256 FAX: (845) 297-0579 FEB 0 6 Z019 February 6, 2019 TOWN OF WAPPINGER -TO\Afj�j C1,,FiMK Dear Supervisor Thurston and Town Board members; The Fire Inspector position has been vacant for 8 months, entering the ninth month as of February 2019, In this time, .1 have been fulfilling this position for the health and safety of the town. This not only included cleaning up the fire inspector's office, but also re-creating the forms used in this position to be consistent with not only the town code but also the NYS Building and Fire Code. 1203's are a huge issue for every town as the inspections they produce, clearly help protect not only our multi -family properties and commercial businesses but also the people who live and work in them. Unfortunately, the Town of Wappinger 1203 inspections are severely behind. Not only many 1203's have not been inspected for years but also others have been given their yearly operational without an inspection. (In the past, fees submitted to the building deparinient and dej)osiied had in many cases; the Operational or Assembly perm ft ivas issued Ivilhoul the benqf1l of an inspection.) Had a fire, collapse or other tragedy occurred, the town could have been liable due to negligence. A case in point is Village Crest apartments. In October of 2018,1 personally inspected these premises, which include 19 buildings containing 247 apartments. The building manager of 30 years claimed he had never met the Fire Inspector for the Town of Wappinger. The Operational Permit actually had propane tanks listed that had been removed over 6 years ago and yet the yearly Operational permit listed them as inspected yearly. During my inspection, I found that over 70 smoke and CO detectors were missing, faulty or missing batteries in public areas. I failed them and insisted on replacement detectors be replaced immediately. I needed to re- inspect this multi -family property at least three times. In January of 2019, a faulty boiler cause carbon monoxide to be emitted and spread throughout a building that contained 20 apartments. This began around 11:00 PM in the evening when many residents had already gone to sleep. When the fire department arrived, I was told that all the detectors were heard going off. Had those detectors not been replaced just 3: months prior to this boiler malfunction, this could have resulted in a horrific tragedy of enormous proportions. That evening I refused to leave until the manager had contacted and hired a licensed plumber to fix the boiler immediately or all of the I residents living in the 20 apartments would have needed to be relocated to either a shelter or hotel. The fire department notified each apartment of the situation and that the possibility of evacuation might be necessary. The plumber arrived and corrected the malfunction of the boiler around 3:00 am in the morning. It was only when the plumber finished and in my presence, certified that the problem was rectified that I returned home, I hold myself to a very high standard and have approached the safety and health of the town with professionalism and integrity over the last S months. The previous Fire Inspector received a salary of 68,000.00_ This does not include his benefits. Just in salary, the town saved $5,666.00 a month plus benefits, for a savings of over $42,500.00 plus benefits in 2018. We are now in 2019 and each month $5,666.00 plus benefits is a savings for the town. I am respectfully requesting that this town board consider what t have outlined and I am seeking compensation for the year 2018 of $25,000.00. Please consider that no one on this board asked me to work the department of Fire Inspector and I took this enormous responsible upon myself without any directive to do so. Had I not, this town would have clearly opened itself to a huge liability had a tragedy struck, 1 have answered all town Dutchess County 9.11 calls and personally gone out at all hours of the night and weekends to represent the town in this capacity. Keep in mind, that not only was I performing the duties of Fire Inspector but also still fulfilling my duties as bead Building Inspector and training additional staff. While I realize you may feel this is a large number, the town will have still saved a larger substantial amount last year by not filling this position. Going forward into 2019,1 would like the board to consider a monthly stipend that they feel is adequate for me to continue inspections for 1203's, etc., until the board makes a decision on filling this vacant position. Please keep in mind when interviewing a candidate for this position, they need to be certified through the first three courses of the NYS DOS certification program in order to be able to legally fulfill the duties of a Fire Inspector. This allows the candidate to perform 1203's and other inspections. In order for this candidate to actually do plan review on commercial buildings and multi -family applications, they will need the additional three classes to be considered a NYS Certified Code Enforcement Officer. The state requirements have stricter requirements vs the DC Personnel Fire Inspector classification. Please keep in mind that not only do the state requirements supersede the county requirements but also that the county requirements have not been updated since 2004_ Thank you for your time and consideration on my behalf. Susan Dao