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2020-02-10 Town of Wappinger 20 Middlebush Road Wappingers Falls,NY 12590 Regular Meeting townofwappinger.us — Minutes — Joseph Paoloni (845)297-5771 Monday, February 10, 2020 7:00 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:00 PM William H. Beale Town of Wappinger Councilman Present 7:00 PM Angela Bettina Town of Wappinger Councilwoman Present 7:00 PM Christopher Phillips Town of Wappinger Councilman Present 7:00 PM Al Casella Town of Wappinger Councilman Present 7:00 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:00 PM Cooper M Leatherwood Town of Wappinger Deputy Town Clerk Present 7:00 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda ........ ......... ........ ........ ........ ........ ......... ........ ........ ......... ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IV. Public Portion 1. Motion To: Open Public Portion Robin Licari, from Red Hawk Road addressed the board regarding Resolution 2020-62, referencing the NERP Tractor Supply and the cutting trees on the property they plan to acquire. She referenced the recent planning board meeting where they spoke of a third party. She asked Town of Wappinger Page 1 Printed 3/12/2020 Regular Meeting Minutes February 10, 2020 who the third party is. Supervisor Thurston and Councilman Beale said that they didn't know who that third party was. Attorney Horan explained, "NERP is the contract vendee, they are not currently the owner of the property." He added, "In order for them to close on the property, they need to satisfy the conditions of this resolution of approval. And, they are noted in this resolution as the contract vendee." The discussion continued and is available on video on the town's website under the town board minutes. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella V. Discussions 1. Paving Update-Sheehan Highway Superintendent Michael Sheehan explained that he will have the numbers soon. 2. Building And Grounds Park Update on Various Matters - Frazier L Park Rules And Signs Some ideas were put in the hands of the attorneys to put into legal language. IL Discuss Logistics And Policies Of Park Lighting Steve Frazier addressed lighting at some parks. He pointed out that the lighting at Martz field is not functional. Additionally, he asked, who is in charge of turning on and off the lights. Timers could be used and we must establish a finite time that the park should close. A discussion was planned for Saturday the February 29th at 10:00 AM to discuss the parks. Jim Horan mentioned that different Parks are treated differently. III. Motion To: Allow Supervisor of Buildings & Grounds to Buy 2 smoking receptacles to place at Town Hall in Designated Areas per this discussion Steve Frazier discussed smoking on town property. Attorney Horan cited Section 201 ofd the town code which read there is no smoking in town parks and within 20 feet of town buildings. There was a motion to allow the Supervisor of Buildings & Grounds to Buy 2 smoking receptacles to place at at Town Hall in Designated Areas per this discussion. Town of Wappinger Page 2 Printed 3/12/2020 Regular Meeting Minutes February 10, 2020 RESULT: ADOPTED [4 TO 11 MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella NAYS: Angela Bettina IV. Revisiting Town Hall Floor Replacement Postponed until the February 29th workshop at 10:00 AM. V. Revisit Fencing Repairs Postponed until the February 29th workshop at 10:00 AM. 3. Motion To: To Hire Michael Vincent As a Deputy Building Inspector Barbara Roberti talked about considering him for Deputy Building Inspector from the Civil Service List. The board hired him. Nothing was given to the Town Clerk for filing in these minutes. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella RESOLUTION: 2020-81 Resolution Appointing Deputy Building Inspector WHEREAS, the Town Board of the Town of Wappinger has previously created the position of Deputy Building Inspector to assist in the enforcement of the New York State Uniform Code; and WHEREAS, the Dutchess County Department of Human Resources has established Job Class Specifications for the Civil Service Position of Deputy Building Inspector; and WHEREAS, the Dutchess County Department of Human Resources has given a competitive examination and created and certified to the Town of Wappinger a current list of eligibles for the Title of Deputy Building Inspector, and WHEREAS,by Resolution 2018-122, adopted by the Town Board on May 14, 2018, and amended by Resolution 2018-134 on May 30,2018, the Town Board appointed Volneylee Griffiths to the position of Deputy Building Inspector from the certified eligible list; and WHEREAS, by letter dated January 3, 2020, Volneylee Griffiths tendered his resignation effective February 14, 2020, causing a vacancy in the position of Deputy Building Inspector; and WHEREAS, the Town Board has canvassed the certified eligible list for Deputy Building Inspector and has determined that Michael Vincent appears on the certified eligible list and is reachable; and Town of Wappinger Page 3 Printed 3/12/2020 Regular Meeting Minutes February 10, 2020 WHEREAS, the Town Board, with the recommendation of Barbara Roberti, Zoning Administrator, has determined that Michael Vincent meets the qualifications to fill the vacant position of Deputy Building Inspector; and WHEREAS, the position of Deputy Building Inspector is funded in the Fiscal Year 2020 Town Budget; and WHEREAS, the position of a Deputy Building Inspector is subject to the terms of the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 ("CBA"); and WHEREAS, the Town of Wappinger requires the services of a Deputy Building Inspector who is certified as a New York State Code Enforcement Officer to conduct the business of the Building Department. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. Michael Vincent is hereby appointed to the permanent full-time civil service job title Deputy Building Inspector for the Town of Wappinger, effective Feburuary 11, 2020. 2. Michael Vincent is hereby appointed as a Code Enforcement Officer of the Town of Wappinger in accordance with the provisions of §85-3 of the Town of Wappinger Code. 3. Michael Vincent shall be compensated at the hourly rate of$22.00, which shall be paid in weekly installments in accordance with the CBA. 4. The appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 5. The appointment of Michael Vincent is subject to his successful Certification as a New York State Code Enforcement Official pursuant to 19 NYCRR Part 1208 within eighteen months of his date of appointment. 6. The appointment is subject to a probationary term of not less than eight nor more than twenty-six weeks in accordance with the rules of the Dutchess County Department of Human Resources. The foregoing was put to a vote which resulted as follows: J Vote Record-Resolution RES-2020-81 D Adopted Yes/Aye No/Nay Abstain Absent .. .... .. . .. ... ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H.Beale Mover E. ❑ ❑ ❑ ... ..... .. .... ..... .. ... ❑ Tabled AnlelaBetfina .................. Voter. ...... 0...............❑.. ❑ ❑ ❑ Withdrawn Christopher Phillips Voter D ❑ ❑ ❑ ................ ................ Al Casella Seconder D ❑ E ❑ Dated: Wappingers Falls, New York February 10, 2020 The Resolution is hereby duly declared Adopted. 5. Motion To: Create the position of Deputy Tax Receiver Receiver of Taxes Lee Freno submitted a basic Job Description for the Board to create the position. There needs to be a filing with civil service to establish this position. Nothing was given to the Town Clerk for filing in these minutes. Town of Wappinger Page 4 Printed 3/12/2020 Regular Meeting Minutes February 10, 2020 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 6. Hiring Of Meter Reader-Freno The Water and Sewer department is short a meter reader. No action was taken. 7. Veteran's 5-K Race-Hathorn Kevin Hathorn explained the Veteran's 5K race. He provided the document below. There was concern with Bicycles and possible closing the rail trail. Town of Wappinger Page 5 Printed 3/12/2020 Regular Meeting Minutes February 10, 2020 Area: Community Affairs; ub,- roup.. Veterans Affairs/Advisolry Project® T w n of Mppinger Jowph Ennesser 5K RunifWalk Location.. l ut ess Raail Trail, between Lae Walton and Diddell Rids To, llenefit• Local Vekersns"Causes: Castle Point.;"l omienn Veterans Care Groups, Mental health&PTSDtireatment, M14VVet 2 Vet group', adviiee t'rorrn County VSO Costs: Porta Dotty Permit Fees Awards Fveint Insurance costs ArnbulanceffEMS Law Enforcement (DCSO lot r YSP)i Financing, 0ionations tnrorrn local residents, businesses (water, refreshments) Admission rests. pre-die 0. r,lay of race: $25 'whet. Adv. Group 501 C (8)could)handle,firanoe% Sank account iin plaoe� Scheduled l r: Saturday,April 18tro qrn TOO Al to tl t:'OO M Requirements, Advertising:Tiown Facebook, Town,Wobsite„ F Feet Race alendlar Mid- Hudson Road Runners Chub; Flyers in Key ILocations, busir sse (as in Community day), Marc Coviellnn, Dlutchiess County Executive Appro,vail® IResol'utinon'by Wappinger Town lard. Set Up,,, Volunteers tn'om Veterans advisory Groiup, Town resiidents. Reach out to Mid-Hudson Road Runners Club, Caitlin IMartin, Fleet Feet" Expeded participatiw County executive,County VSO, Mid-Hudson Road IRunners Club, 0auMn Martin, FleM Feet employees, many Town residents. Manny categories annlleipated; runners, younger&c4deri, less able athletes. Sponsorship" 1l 10,00. Details,in process 8. Martz Memorial, Losee Lighting, Hometown Heros-Hathorn Kevin Hathom spoke on the Martz Field Memorial and the over grown weeds at Pye lane, Street Lighting at Losee Road and Hometown heros. Banners are $75 a piece to be placed on Route 9, Myers Corners, and the Main Roads. Town of Wappinger Page 6 Printed 3/12/2020 Regular Meeting Minutes February 10, 2020 ;reap., Communi iirs; Su1b-Group: Veterans, AdVISOry Project: Martz Memorial Repair Loication. gown Road at Montfort Rd,, north, of Roberts Mobile IHolime IlPark TO Benefit" Local Residents,, family and veterans,from all over I utchess County Justify. Mlernorial was remodelled) in tllwew recent past. Ti leis rik needs t0 be upgraded. Paver Bricks have come dislodged and the steps need) a redesign. Detail: The Uni loc k website lists sizes,of len,a Block as7.25x1,19.6250.25 inches. best for each reconstructing the steps as well as the entire mionuurment. bundle f b (pieces (builds 3 steps, g feet long) on a bed of Item 4 and stone dust. Casts mark,from lied I arrn quotes$80-$100 Ipe"r stone- $48,0-$600 600 totall hedluledl: Undletermiirnedl at present; demo and rebuild by guiildlings aund Grounds, Dept. Planning is upcorning. Possible to iinclude mere riadl pawners ?' Required: Approval,, Resolution by Wawppiin,ger Town n 'Board. Town of Wappinger Page 7 Printed 3/12/2020 Regular Meeting Minutes February 10, 2020 Project", Institute Street ILighting on Losee Road Locatiow Losee Road, between CR 913, & CR, 28 (Myeirs, Cahners and Olid Hopewell Roads) To, Benefit: lLocail Riesidents, i.e. Paviflicin andl hite Gates, residents,walking to businesses north o CR 913 (Haininalford and Hudson Valley Federal Ciredit Union) Justify: Residents,walk on Loslee Road in late evening., not visiblie to oincoliming,traffic. At ipresie lightingi only at ict. with U28 and with C1193. Safety Issue., Sole existing route to northern shopping IToirn Mat Farilane and CR 28 area and return IVoirn CR 913 area Detail- 1. Identify pari me Ilocations, using utility pole identification tags, 2. Contact CHG&E for lotatilloin approva I f roirn utility 3. Request cost,estimate from,CHIG,&E 4. Seek.approvaill from Town Board 5. Install street fighting at 4 locations, equidistant from Cr 93 & CR 28, at 0.2-m intervals. 6. Quote from Robin Moore, HG E: The second item related to street fighting for the Lasee Road area. It would be best Ill a Iletter of reque to,come from the Town ideint4ing on which poles lightswould be desired. If help is needed with, that w couid plan ai site review to develop,a iplain N We would then I'l up with a street light authority order (SLAO), that would need to, be approvied by ft Town so that the lights could be addled to their street lighting ailocolurit. Once the approved! LAO has, been received by us construction caro be estimated, and Installed. Costs: Undetermined at present S,chedulled for: Undeterrriiinied, at present Required: Approwil, Resolution by'Wapipinger Town IRoard. Town of Wappinger Page 8 Printed 311212020 Regular Meeting Minutes February 10, 2020 Town ofWappin r "HomeTown Heroes" Project Concept: 1), Banners with photos of Veteran s, (livingi and dleceased) suspendocl from designated CHG&E poles throughout the Town of Wappinger. Deceased veterens swou have a star beneath their Iphotio. 2), IRequests fromi farindiies of community residents,having veteran status wouldl Ibe accompanied by the following information: Veteran's name, branch of service, ranula,dates of service, sponsor,(paiyer),.living or deceased. 3) Cost is based on vendor costs; locall veterans oirgainizations,woluilld have option of sIpoinsoir paymen. 4,) Town Highway Department would lbe involved ilin install, removal and alternate displai in winter. 5) CH G&E. poi b ly to mount hardware.. Components: Ranneirs. Star Printing in liopewell Juiniction transfeirs photo with data onto Iboininer Hairdwaire, Vendor in PA seems to be Cost and Quality oriented Locations: decisiolin of CHG&E, at direction of Towin of Wappilingeir Note: This Project would faill under the category of"The Faillein Soldlier", insofar as mernariallizing the veteran, living,or deceasedl,with a lasting image, open to the public Locations: Road ownership(Town vs;State was C"inty) imay need investigat ling. Suggested placernentsaire IRoute 9, CR 93 94,, mainly in,well-traveled areas. Roads such as,'spatia Hill and BaixtertoAml, as well as,91 are,well traveled. 9. N.Y. Bail Reform, Impact On Wappinger Justice Court- Councilman Philips Council Phillips spoke with Judges Wolfson and Kitchen-Under law cannot make decisions on many of the crimes that were listed under the state proposal. 10. Street Lighting Each street lighting v411 consume approx,4000 MH per year.The cost of s,upplly and delivery its approve,$0,11 per K .Rental of each LED light ws$20,,79 per month and each pole will cost$6.02 in monthly rental.Each LED wil cost approx.$752 per year,total cost for two$1,524.34 per year,Let's say we need appra$1,550,,00 in additional funding to the street Inghtnng account 13,'5182 10400 currently,$45,000,00 in the 2020 budget. It. Anti-Bullying Fun Day-Jessica Town of Wappinger Page 9 Printed 311212020 Regular Meeting Minutes February 10, 2020 Director Fulton handed out a packet regarding Park Rules to the the town Board. Nothing was given to the town clerk for filing in these minutes. She spoke an anti-bullying event on April 25 at Schlathaus park. They are interested in having vendors, speakers, activities, tricks and tips for bullied children. VI. Resolutions RESOLUTION: 2020-49 Resolution Employing CPL Engineering Services BE IT RESOLVED, that CPL Engineering & Surveying Consultants, PLLC, be, and hereby is employed and retained for the purpose of furnishing to the Town Board and the Town's departments and agencies such professional engineering advice and services as may be required by the Town, its departments and agencies, from time to time, during calendar year 2020; and BE IT FURTHER RESOLVED, CPL Engineering & Surveying Consultants, PLLC shall be paid in accordance with the fee schedule set forth in the Proposal for Engineering Services addressed to the Town Board dated The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2020-49 D Adopted Yes/Aye No/Nay Abstain Absent ElAdopted as Amended Richard Thurston ...................Voter D ❑ ❑ ,.......... ..❑ ❑ Defeated William H.Beale Voter 0 ❑ ❑ ❑ ❑ Tabled Angela Bettina Seconder D ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Mover 0 ❑ El Ell C Aasella Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York February 10, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-51 Resolution Employing Planning Consultant Services To The Town Of Wappinger BE IT RESOLVED, that David H. Stolman, Principal of Frederick P. Clark Associates, Inc., be, and hereby is employed and retained for the purposes of furnishing to the Town Board and the Town's departments and agencies, said professional planning consulting advice and services as may be required, from time to time, during calendar year 2020; and BE IT FURTHER RESOLVED, that David H. Stolman, Principal of Frederick P. Clark Associates, Inc. shall be paid in accordance with the fee schedule set forth in the Proposal submitted to the Town Board dated The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2020-51 D Adopted El Adopted as Amended Yes/Aye No/Nay Abstain Absent Town of Wappinger Page 10 Printed 3/12/2020 Regular Meeting Minutes February 10, 2020 El Defeated Richard Thurston Voter El 0 El El El Tabledam H.Beale Mover El ❑0 El El .. . ..... . .. .... .. El WithdrawnI 11 b'ettina................. §econdei.........El..................❑0....... ........El...... ❑E'l....... Christopher Phillips Voter..... oter El 0 El El Al Casella ....................................................................... a Voter El 0 El El Dated: Wappingers Falls, New York February 10, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-55 Resolution Employing Legal Services To The Town Of Wappinger Town Board, Zoning Board Of Appeals, Planning Board For Calendar Year 2020 BE IT RESOLVED, that James Horan Counsel to the firm of Wallace and Wallace, LLP, be and he hereby is employed and retained for the purposes of furnishing to the Town Board, And Lisa Cobb Counsel to the Firm of Wallace and Wallace, LLP, for the Zoning Board of Appeals and Planning Board and the Town's officers, departments and agencies, such legal advice and services as may be required by the Town Board and Zoning Board of Appeals and the Town's various departments and agencies during calendar year 2020; and BE IT FURTHER RESOLVED, that said James Horan Counsel to the firm of Wallace and Wallace, LLP, shall be paid commencing January 1, 2020. The foregoing was put to a vote which resulted as follows: J Vote Record-Resolution RES-2020-55 El Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Richard Thurston Voter El 0 El El El Defeated -Willi-----am H. . .....'......B....e...a...l.e....... ....................................... ..Voter ..o1.teIr.I.."..I.'l.l.. E..I".I.'l.".".I'l.l"."..I'l.l'.11.".".I'.11'I0.." E...".I'.l".".I.'l.l".".I. .11.".".I'llE ... .. . .. .I.I. ... ETabled Angelaiciima .................. voter ..... D ..... .... b ............. b ............. ....... EWithdrawn Christopher Phillips Seconder E0 EE Al jaseliaMover E 0 EE .. Dated: Wappingers Falls, New York February 10, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-61 Resolution Authorizing Installton of Street Lighting At New Intersection WHEREAS, the relocation of Sergeant Palmateer Way created a new intersection at Old Hopewell Road; and WHEREAS, it is necessary to install street lighting at the new intersection and the newly installed curve in the highway to safely light the highway; and WHEREAS, the locations of the proposed street lights are outside the boundaries of any lighting district established in the Town of Wappinger; and Town of Wappinger Page 11 Printed 311212020 Regular Meeting Minutes February 10, 2020 WHEREAS,pursuant to the authority granted by Town Law §64(19), the Town Board may contract for street lighting on highways in the Town; and WHEREAS, Central Hudson Gas & Electric Corporation ("CHGE")provides street lighting within its service area pursuant to a Tariff Approved by the New York State Public Service Commission; and WHEREAS, CHGE has provided the attached Street Lighting Authority Order which sets forth the rental costs for the street lights and poles; and WHEREAS, the Town Comptroller has advised that a budget modification is required to pay for the rental fees for the new poles; NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby accepts the terms of Street Lighting Authority Order No. H7-02969 which provides for a monthly rental fee of$53.62 plus the cost of electricity and authorizes the Supervisor to sign the Street Lighting Order on behalf of the Town; and BE IT FURTHER RESOLVED that the Town Board hereby authorizes the following budget line transfers for the rental of the Street Lighting & electric service: Amount From Line To Line $1,550.00 B0917 Unallocated B Fund B.5182.0400 Street Lighting Balance Contractual Expenses The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2020-61 El Adopted Yes/Aye No/Nay Abstain Absent ".."".. ""..".."".....". ."""""".. ..""..... ..... 0 Adopted as Amended Richard Thurston Voter D ❑ ❑ ❑ El Defeated William H.Beale Mover D ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter....,...... D .... ❑ ... ❑ .... ❑ ... .... . .. ... ❑ Withdrawn Christopher Phillips Voter D D................. . D" Al Casella.................................Seconder........0..................❑................❑................❑..... Dated: Wappingers Falls, New York February 10, 2020 The Resolution is hereby duly declared Adopted as Amended. RESOLUTION: 2020-62 Resolution Accepting Undertaking Secured By Letter Of Credit For Restoration In Connection With Nerp Holdings And Acquisitions Company, Llc Site Plan WHEREAS, the Applicant is the contract-vendee for a certain 5.89 acre parcel of property located along the west side of Route 9 to the north of Fowlerhouse Road that is designated as Tax Parcel 6157-04-539374 on the tax map of the Town of Wappinger(the "Property"); and WHEREAS, the Applicant has made application for site development plan approval for the construction of a 19,097 square foot retail store with associated improvements such as parking, utilities, outdoor display areas and drainage improvements on the Property (the "Project'); and WHEREAS, on July 15, 2019, the Planning Board of the Town of Wappinger(the "Planning Board") adopted a Resolution which determined that no significant adverse Town of Wappinger Page 12 Printed 3/12/2020 Regular Meeting Minutes February 10, 2020 environmental impact would be caused by the Project and authorized the issuance of a Negative Declaration; and WHEREAS, during the SEQRA review process the Applicant provided evidence that there was no suitable habitat on the site for rare, threatened or endangered species; and WHEREAS, on September 16, 2019, the Town of Wappinger Planning Board adopted a Resolution of Conditional Site Plan Approval for the Project and the Applicant has been diligently obtaining the approvals need to satisfy the conditions of the Resolution, and WHEREAS, in January of 2020, the Applicant made a request pursuant to §240-93.1 of the Zoning Code to permit the cutting of trees on the property,prior to the satisfaction of all of the conditions set forth in the Resolution of Conditional Approval, since US Army Corps of Engineers and NYS DEC standard protocols prohibit the cutting of trees between, April 1 and September 30 to minimize the possibility of disturbing the migration of Indiana Bats; and WHEREAS, the Planning Board adopted a Resolution pursuant to §240-93.1 on February 3, 2020 granting the Applicant's request to cut the trees in the area of site plan disturbance subject to the condition that the owner agree to replant a screen of trees in the event final site plan approval is not granted; and WHEREAS, the Applicant is to execute and deliver to the Town an Undertaking secured by a Letter of Credit in the amount of$20,350.00, as security for the faithful performance of the obligations set forth in the Undertaking; and WHEREAS, the terms of the Undertaking authorize the Town of Wappinger to draw against the aforementioned Letter of Credit posted in the event the Applicant does not restore the project site in accordance with the terms and conditions set forth in the Undertaking. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby determines that the Undertaking executed by NERP Holdings and Acquisitions Company, LLC and secured by a Letter of Credit in the sum of $20,350.00, is acceptable and sufficient as a guarantee to secure the obligation to restore the project site in the event the Applicant clears the trees and does not satisfy the conditions of the Resolution of Conditional Site Plan Approval within the time for approval set by the Zoning Code or any extension of time for approval granted by the Planning Board. 2. The Town Board hereby accepts the Undertaking executed by NERP Holdings and Acquisitions Company, LLC, having an address of 150 Hartford Avenue, Wethersfield, Connecticut 06109, secured by a Letter of Credit in the amount of$20,350.00, as security for the faithful performance for the completion of the obligations set forth in the Undertaking. 3. The original Letter of Credit and the original Undertaking in the amount of $20,350.00 is to be placed on file with the Town Clerk. The foregoing was put to a vote which resulted as follows: J Vote Record-Resolution RES-2020-62 D Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter ............El ❑ ❑ .... ❑ ...... ❑ Defeated William H.Beale Seconder 0 ❑ ❑ ❑ . ................... ....... ........ ....... ...... ...... ......... ....... . ❑ Tabled Angela Bettina .................. Voter... . ..... D .... ❑ .....,...... ❑ ......,..... ❑ ... ❑ Withdrawn Christopher Phillips Mover ... ......0...... ❑ ❑ ❑ Al Casella Voter E 0 EE Dated: Wappingers Falls, New York February 10, 2020 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 13 Printed 3/12/2020 Regular Meeting Minutes February 10, 2020 RESOLUTION: 2020-63 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Log - 2020.02-10 Number To From Date Date Rec' Re: Agenda Date 02-20-001 Towii Clerk —DutchessouiltyDep,0fRRice 10020 10020 Satemeill Of Moire °s PA For Jaii,l-Dec.31 20 �1 M 02 0 02-20-002 To ii Board Robert Haas 216020 216020 RE liitereet Iii The ZBA Positioii With Resume 211 K 02 0 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-2020-63 El Adopted Yes/Aye No/Nay Abstain Absent Richard Thurston "I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""II "I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""I'll",,'ll""I'l-l'll""I'll""I'll",'ll""I'll""I'll",'ll""I El Adopted as Amended Voter El 0 El ❑ .... ... ... El Defeated i,am,H.,Beale..................... ..Voter...,I I ........ ... El Tabled ,fteia Bettina Mover El 0 El El ..... .. . .... . .... El Withdrawn Christopher .......................Voter...............EJ........ ........0..................❑E'l,.................❑EJ....... I'll, ............... Al Casella Seconder........ El 0 El El Dated: Wappingers Falls, New York February 10, 2020 The Resolution is hereby duly declared Adopted. VII. Items for Special Consideration/New Business 1. Motion To: Set the date of February 29th at 10:00 AM at Town Hall for a Special Workshop Meeting .................................................................................................................................................................................................................................................................................................................................... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella VIII. Executive Session 1. Motion To: Enter Executive Session Town of Wappinger Page 14 Printed 311212020 Regular Meeting Minutes February 10, 2020 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Al Casella SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IX. Resolutions Approved After Executive Session and Not Placed on the Agenda RESOLUTION: 2020-64 Authorizing 2nd Working Supervisor Position In The Highway Department Within The Existing Budgetary Allocations WHEREAS, the Highway Superintendent has requested the addition of a Second Working Supervisor position in the Highway Department; and WHEREAS, the Town Board deems it is in the best interests of the Town to create a Second Working Supervisor position in the Highway Department; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the addition of a Second Working Supervisor position in the Highway Department within the existing budgetary allocations. The foregoing was put to a vote which resulted as follows: Vote Record-Resolution RES-2020-64 D Adopted Yes/Aye.. No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ DefeatedWilliam H.Beale.................... Voter... D .... ❑ .....,...... El ......,..... ❑..... ElTabled ,,.Angela Bettina Voter ❑ 0...... ..... ❑ .... ❑ ... ElWithdrawn Christopher Phillips Mover D ❑ ❑ ❑ AlCasella.................................Seconder........D...................❑...................❑..................❑....... Dated: Wappingers Falls, New York February lo, 2020 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 15 Printed 3/12/2020 Regular Meeting Minutes February 10, 2020 X. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 10:41 PM. Joseph P. Paoloni Town Clerk ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ......... RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 16 Printed 3/12/2020 i 6.1.a coARO-0 [ d�ROp y gp g p @k p� Utl @ 0�.�...- � 4..V4°e�ll...�, L ENGINE14M(-', PLAP,JNaB G N v ENGAGEMENT OF SERVICES L cn AGREEMENT BETWEEN a, c w J a 0 Cm E . CPL Architects, Engineers, E E Landscape Architect and Surveyor, D.P.C. w c 9 Elks Lane Poughkeepsie,New York 12601 ' 0 (845) 454-3411 oc 0 0 cm 0 N cn ; w --And— °C v c 0 THE TOWN OF WAPPINGER 20 Middlebush Rd. Wappingers Falls,NY 12590 3 0 ; r 0 cm ; o cm , L c 2020 is v Racket Pg. 17 6.1.a NOW, THEREFORE, the parties hereto, in consideration of the terms and conditions herein contained, do agree as follows: FIRST: The ENGINEERS agree to furnish the professional engineering and .r planning services to the TOWN as set forth in the foregoing description, to be performed on v demand by the TOWN. ai E SECOND: The TOWN agrees to pay the ENGINEERS for work performed during the period from and including January 1, 2020 through, to, and including December 31, 2022, in w accordance with the Fee Schedule appended hereto and forming part of this Agreement, as U Exhibit A for work billed on direct Town projects and, as Exhibit B for work billed on escrow c funded projects. —°CL w c THIRD: Both parties agree that this Agreement may be cancelled for cause by either parry on sixty (60) days notice to the other parry. c a) FOURTH: (1) The ENGINEERS shall bill the TOWN during the hereinabove N 0 stated contract period monthly at least by the Thursday preceding the normally scheduled regular Town meeting for the engineering services included in the scope of this Agreement, and the cc TOWN shall render payment for the same not later than ten (10) working days from the date of the subject regular Town meeting. 0 (2) The TOWN agrees that the payment of bills to the ENGINEERS c are not contingent upon, nor will payment in any way be delayed due to any agreement, claims LU or other actions between the TOWN and any third party. (3) The TOWN agrees to notify the ENGINEERS of any claims of �° 0 defect or deficiency in the ENGINEERS billing to the TOWN that would cause such bill(s) not N to be paid within the agreed period. CL Such notifications by the TOWN to the ENGINEERS must be in writing and mailed at CL M least five (5)business days prior to the expiration of the payment period. c Such notifications from the TOWN to the ENGINEERS should detail the specific defects or deficiencies and suggest the remedies required to perfect the bill(s). Notifications that address requests for additional detailed explanations of services performed or modification to past 2 E:\documents\Contracts\2020\Wappinger 2020 Town Engineer Contract.doc r 1' Packet Pg. 18 r administrative or billing procedures will not be considered as being valid causes for a delay in the timely payment of bills by the TOWN to the ENGINEERS. FIFTH: The TOWN agrees to provide access to the ENGINEERS to enter upon .r public and private property as may be required by the ENGINEERS to perform the required v services and to furnish such labor and assistance as may be needed by the ENGINEERS to accomplish the desired objectives, and at the hours scheduled for such work by the C E ENGINEERS. c C w SIXTH: The TOWN shall examine all studies, reports and other documents as may U be presented by the ENGINEERS, obtain advice of an attorney and other consultants as the C TOWN may deem appropriate for such examination and render in writing decisions pertaining —°CL thereto within a reasonable time when so required by the ENGINEERS and in such manner as w C not to delay the services of the ENGINEERS. 0 cc SEVENTH: The TOWN shall appoint a representative of the TOWN and/or, where 17 appropriate, representatives of the various Boards and Offices of the TOWN to act as agent or N 0 agents in connection with all work under this Agreement and from whom all information and W directives shall be furnished to the ENGINEERS. In the absence of written directions to the cc ENGINEERS by the TOWN, the representative of the TOWN shall be the Town Engineer of the L TOWN OF WAPPINGER. U c EIGHTH: The TOWN agrees that all records compiled by the ENGINEERS together LU with the information and material gathered in pursuing the objectives of the Agreement, including written reports and all other associated data shall become and remain the property of 0 the TOWN provided that all fees and other billings owed to the ENGINEERS by the TOWN N have been paid, in full, to date and that any other related obligations of the TOWN to the CL ENGINEERS have been satisfied by the TOWN. CL C NINTH: The TOWN and the ENGINEER agree that this contract does not prevent E the TOWN from using other consultants when it deems it appropriate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in quadruplicate: The TOWN OF WAPPINGER pursuant to law by: 3 E:\documents\Contracts\2020\Wappinger 2020 Town Engineer Contract.doc Packet Pg. 19 i 6.1.a TOWN OF WAPPINGER Dr. Richard Thurston, Supervisor Date N v (n CM EL CPL Architects, Engineers Landscape Architect and Surveyor, D.P.C. w c .2 Joao J a U Timothy oot, P.G., Principal Date c 0 CL E W C 0 0 cc a) 0 cv 0 N cn W ccv C 0 v c C W C 3 0 r 0 cv 0 cv 0 a, E C CL C 0 v 4 E:\documents\Contracts\2020\Wappinger 2020 Town Engineer Contract.doc Packet Pg.20 CPL Town of Wappinger Consulting Scope of Services Engineering,Planning and Management Consulting Services: The Engineer shall provide engineering, planning and management services to the Town of Wappinger in accordance with its administrative procedures as set forth in the Town of v Wappinger, Town Code, as amended from time to time, as well as in accordance with the L General Duties, and Special Assignment Duties contained herein, and shall perform such other in tasks as directed by the Town Supervisor and Town Board. All professional services shall be c performed exclusively by CPL, except where subcontractors are expressly approved by the Town. c w J a I. HOURS v E During the term of this Agreement and any renewal term CONSULTANT shall provide the services of a qualified individual to perform the GENERAL DUTIES set forth herein. g•• The assigned individual shall be subject to the approval of the Town Board. The services w of the consultant's individual shall be performed during regular TOWN work hours, but in accordance with CONSULTANTS employment policies in regard to compensation and benefits. ° ° cc ° II. SPECIAL ASSIGNED DUTIES a 0 1) When requested by the Supervisor, the Town Board, Highway Superintendent, N Water and Sewer Administrator, CONSULTANT agrees to perform the SPECIAL (n ASSIGNED DUTIES. The fee for such services shall be established on a case by oc case basis for each service item or matter in accordance with CONSULTANT'S v prevailing fee schedule. c 0 III. GENERAL DUTIES U ° c Work to be performed by CPL as part of the General Duties of Town Engineer and Planning Consultant shall include the following: w c 3 1) Assist the Buildings and Grounds and Parks Departments and any other �° departmental staff as requested. N 2) Provide advice and recommendations to the Town Supervisor, Town Board, Recreation Department, Legal Department, Building Department, Highway E Department, Planning Department, Assessor, Water and Sewer Department, and Zoning Department on engineering and planning matters not involving the review of an application or a matter for which a separate review fee (i.e. escrow account) has been established. E v 3) Coordinate with the Town Supervisor, Town Board, Recreation Department, Legal Department, Building Department, Highway Department, Water Department, Sewer Department, Planning Department, Assessor, Water and 5 E:\documents\Contracts\2020\Wappinger 2020 Town Engineer Contract.doc Packet Pg.21 6.1.a Sewer Department, and Zoning Department on engineering and planning matters not involving the review of an application or a matter for which a separate review fee (i.e. escrow account)has been established. 4) Provide inspection work in regard to highway, drainage, water and sewer, recreation, and public and private construction projects for which a separate N inspection fee has not been established. v 5) Review and oversee the work of vendors regarding project design, project review in and technical advice for Town Departments on engineering matters. c ._ 6) Oversee the work of CPL'S staff regarding project review, and technical advice c for Town Departments on engineering and planning matters involving the review w of an application or a matter for which a separate review fee (i.e. escrow account) a has been established. v E 7) Attend regular and special meetings of the Town Board, Planning Board Water/Sewer/ and Drainage Committee, and Zoning Board of Appeals on g- engineering and planning matters not involving the review of an application or a w matter for which a separate review fee (i.e. escrow account) has been established. 8) Prepare memorandum, reports and letters to address questions of the Town Board, Planning Board, Water/Sewer/ and Drainage Committee and Zoning Board of � Appeals, including any standing and temporary committee(s) of the Town, on a) engineering and planning matters not involving the review of an application or a N matter for which a separate review fee (i.e. escrow account) has been established. N (n 9) Assist the Town Water and Sewer Administrator and Departments in responding cc to and reviewing water and sewer related problems and complaints and the v development of remedial action. c 0 10) Assist the Town Highway Superintendent in responding to and reviewing drainage problems and complaints and the development of remedial action. 11) Assist the Director of Recreation in the review of recreation facility construction w and maintenance and the development of remedial action. r 12) Assist the Town Supervisor, the Town Board in the development of the annual CM Town Budget corresponding to the duties as set forth in this section. N 13) Attend bid openings. a, 14) The CONSULTANT shall maintain at least one member of staff with an AICP certification. v 6 E:\documents\Contracts\2020\Wappinger 2020 Town Engineer Contract.doc Packet Pg.22 IV. SPECIAL ASSIGNED DUTIES Work to be performed by CPL on a separate contractual basis as part of the Special Assigned Duties of Town Engineer shall include: .r 1) Attend regular, workshop, and special meetings of the Town Board, Planning v Board, Water/Sewer/Drainage Committee, and Zoning Board of Appeals, L including any standing and temporary committee(s) of the Town, on engineering in and planning matters involving the review of an application or a matter for which c a separate review fee (i.e. escrow account) has been established. The fee for such services shall be established on a case by case basis in accordance with 5 CONSULTANT'S prevailing fee schedule and approved by the Supervisor. w J 2) Conduct appropriate on-site inspections of property and buildings that are the v subject of pending land-use approvals, prior to the issuance of recommendations to decision making boards for which a separate review fee (i.e. escrow account) has been established. The fee for such services shall be established on a case by CL case basis in accordance with CONSULTANT'S prevailing fee schedule and w approved by the Supervisor. o 3) Prepare memorandum, reports, and letters to address questions of the Town Board, Planning Board, Water/Sewer/Drainage committee and Zoning Board of Appeals, including any standing and temporary committee(s) of the Town, on a) engineering and planning matters involving the review of an application or a N matter for which a separate review fee (i.e. escrow account) has been established. N The fee for such services shall be established on a case by case basis in w accordance with CONSULTANT'S prevailing fee schedule and approved by the cc Supervisor. 4) Review land development applications before the Town Board, Planning Board, U and Zoning Board of Appeals involving an application or a matter for which a separate review fee (i.e. escrow account) has been established. The fee for such services shall be established on a case by case basis in accordance with CONSULTANT'S prevailing fee schedule and approved by the Supervisor. w c 3 5) Conduct post-approval construction inspections of applications approved by the �° Town Board, Planning Board, Water/Sewer/Drainage, and Zoning Board of CM Appeals involving an application or a matter for which a separate review fee (i.e. N escrow account) has been established. The fee for such services shall be a, established on a case by case basis in accordance with CONSULTANT'S prevailing fee schedule and approved by the Supervisor. 6) Attend Town Board meetings, as required, to assist the Board in the review of project work scopes and design specifications for highway, recreation, sidewalk, municipal water systems, municipal sewer system and drainage system improvements pursuant to one or more contracts for capital projects as may be approved by the Town Board from time to time. 7 E:\documents\Contracts\2020\Wappinger 2020 Town Engineer Contract.doc Packet Pg.23 i 6.1.a 7) Develop bid specifications and bid packages for highway, building, sidewalk, municipal water system, municipal sewer system, and drainage system improvements pursuant to one or more contracts for specific projects as may be approved by the Town Board from time to time. 8) Inspect highway, building, sidewalk, municipal water system, municipal sewer v system, and drainage system improvements pursuant to one or more contracts for L specific projects as may be approved by the Town Board from time to time. 0 E 9) Surveying services associated with capital improvement projects. c c w J (L Attachments U E A) Agreement Team Organizational Chart o CL B) 2020 Municipal (CTE) Consulting Services Fee Schedule 0 C) 2020 Escrow Funded Consulting Services Fee Schedule c) 0 cv 0 cv cn LU v c 0 v c c LU c 3 0 r 0 cv 0 cv E CL CL c E v 8 E:\documents\Contracts\2020\Wappinger 2020 Town Engineer Contract.doc Packet Pg.24 i 6.1.a V .> L •L w J (L U CD EXHIBIT A 0 CL AGREEMENT TEAM ORGANIZATIONAL CHART 0 0 a) RT 6 cv 0 cv cn w v L c 0 v CDL c r- 0 0 r 0 04 0 cv L 0 CD c C CL m c 0 E m v Packet Pg.25 O N O N i tB C ul -� C CD •c a u N in Q- v +' a `6 5 2v LU '> v a: v w � m � Ln • '- ai a > v L N m = C GJ � a c -+ m a CL U CD c 0 w 0' g. i E N vii Q w - C V ` v V L ; w j N a) Q. Q N 0 N fa vn w w a cc �•- C11- O 0. V ft v O L w t, w w z v C: a ~ w M C L - U z uJ L > d Uto c( � a; v V y- d w a- _ V C C( w0 tA C C c CD r_O uj 4+ M N c tA � ~ `v w� -+ "> 3 0"t L > L r O C: u -O+ O cv O i i d O Ln 76C 7► _Q � p •S1 v _ u Q Z L 0 c _0 M m a = c O Packet Pg.26 i 6.1.a V •> L I •L w J (L U 0 EXHIBIT B a w c 0 2020 MUNICIPAL (CTE) CONSULTING SERVICES FEE SCHEDULE 0 a) o 04 0 N cn w v L c 0 v L c c w c 3 0 r 0 04 0 N L c a c E v e:\documents\contracts\2020\wappinger 2020 town engineer contract.doc Packet Pg.27 61a co ARCHITECTURE 2020 BASIS OF FEES FOR ENGINEERING PLANNING ENGINEERING & SURVEYING SERVICESLU TOWN OF WAPPINGER 4 U�1 1. Fee Schedule , i (n The fees for services to be provided by Morris Associates Engineering & Surveying c Consultants, PLLC are tabulated below. Such fees shall not be exceeded without `± r formally amending the Agreement. c 2. Fee Basis w a J ` d The basis of payment for the work performed shall be in accordance with the hourly unit price method applied as a cost-reimbursable procedure: 0 E , w FEE SCHEDULE i g o Functional Role Hourly Rate cc Partner/Engineer to the Town $123.00 a) Associate Engineer $115.00 Senior Engineer $105.00 c Senior Planner $102.00 Cn Staff Engineer/ Planner $ 88.00 W Project Engineer $ 96.00 cc Chief Construction Inspector $105.00 Senior Construction Inspector $ 84.00 Construction Inspector $ 70.00 0 Engineer $ 74.00 L Residential & Commercial Building Designer $ 66.00 Survey Technician $ 62.00 Survey Party Chief $ 88.00 w CADD Draftsman $ 55.00 Instrument Man $ 45.00 0 Survey Rodman $ 41.00 o Two Man Survey Crew $116.00 N Two May Survey Crew (Prevailing Wage Rates) $134.00 Administrative* $ 32.00 Senior CADD Draftsman $ 82.00 C Word Processor Operator $ 41.00 Project Expenses and Subcontractor Expense - Invoiced Amount Plus 10% Express Mail/Courier Services At Cost E , v These rates are for the period January 1, 2020 through December 31, 2022. Rates will be increased yearly in accordance with CPI. E:\accounting\documents\RATES\2020\Wappinger CTE 2020.doc Racket Pg.28 i 6.1.a V •> L 'L w J (L U EXHIBIT C 0 CL 2020 ESCROW FUNDED CONSULTING SERVICES FEE SCHEDULE 0 0 a) 0 04 0 Cv cn w v L c 0 v L c c w r- 3:3 0 r 0 cv 0 cv L a, c a. c E v e:\documents\contracts\2020\wappinger 2020 town engineer contract.doc Packet Pg.29 r. 61.a 0 2020 BASIS OF FEES ' ARCHITECTURE ENGINEERING & SURVEYING SERVICES FOR ENGINEERING WAPPINGER PLANNING BOARD LnPLANNING 1. Fee Schedule " � N The fees for services to be provided by Morris Associates Engineering and Surveying j Consultants, PLLC, are tabulated below. Such fees shall not be exceeded without Cn formally amending the Agreement. Ac A .L 2. Fee Basis r The basis of payment for the work performed shall be in accordance with the hourly unit w price method applied as a cost-reimbursable procedure: a v FEE SCHEDULE Functional Role Hourly Rate „ CL Partner/Engineer to the Town $149.00 LU E Associate Engineer $133.00 0 Senior Engineer $120.00 Senior Planner $114.00 Staff Engineer/ Planner $101.00 cc Project Engineer $112.00 Chief Construction Inspector $120.00 a) Senior Construction Inspector $ 91.00 N Construction Inspector $ 81.00 N Engineer $ 85.00 w Residential & Commercial Building Designer $ 81.00 oc Chief Surveyor $ 94.00 Survey Technician $ 67.00 L Survey Party Chief $ 75.00 CADD Draftsman $ 71.00 v Instrument Man $ 49.00 Survey Rodman $ 42.00 c Two Man Survey Crew $128.00 Administrative* $ 35.00 w c Senior CADD Draftsman $ 92.00 3 Word Processor Operator $ 44.00 °— Express Mail/Courier Services** Invoiced Amount Plus 10% c Telefax Services $1.25 per page cm Reproduction/Binding Services See Below*** Project Expenses and Subcontractor Expense Invoiced Amount Plus 10%**** CLCL *Fees for such services are normally included in the hourly rates for technical personnel. Should the Owner specifically request additional word processing or purely administrative assistance, such services will be provided at the rate shown. **No cost if Owner's Federal Express Number is used. ***Standard posted rates contemplate reproduction of a basic number of reports being made, namely six (6). Additional copies at either request of Owner or approval authority will be reproduced on the basis of cost recovery plus ten (10) percent. ****Project expenses shall include tolls, telephone, meals, lodging, per diem expenses, certain reproduction costs and direct material costs that are specifically required to complete the project. These costs as well as Subcontractor costs shall be invoiced at their actual cost plus ten (10) percent administrative service charge. !' These rates are for the period January 1, 2020 through December 31, 2022. Rates will be increased yearly in accordance with CPI. E:\accounting\documents\RATES\2020\Wappinger PB 2020.doc Packet Pg.30 555 Theodore Fremd Ave_,Suite C-301 FREDERICK P CLARK ASSOCIATES Rye, ICY 10580 PLANN KTRANSPORTATION MMONMENTAND DEvfLOMENT T.914. 57.6540 a Hardesty&Hanover company wwvw.hardestyhanover.com c CL CL December 23, 2019 0 0 r Supervisor Richard Thurston and the Wappinger Town Board Wappinger Town Hall 20 Middlebush Road ~ 0 Wappingers Falls, New York 12590 v 0 Subject: Planning Services Agreement for 2020 ' B Dear Supervisor Thurston and Members of the Town Board: N 0 We are pleased to submit this proposal for the provision of professional planning consulting services 0 to the Town for 2020. E Services Which We Will Perform a� E As you know, our planning services include attendance at Planning Board meetings and Town Board o meetings; the review of applications for proposed developments including subdivisions, site plans, E special permits, rezoning requests,etc.; site visits; the preparation of resolutions in connection with the r_ review of development proposals;the preparation of studies and analyses with respect to the Town's land development controls; long-range planning services in connection with the Town comprehensive 0 plan; and the rendering of advice to the Boards on other planning and zoning matters. We are also 0 available to prepare grant and other funding applications for the Town. oc r Personnel N N vn With regard to our work for the Tbwn, I am the Principal-in-Charge and will provide services and will W supervise the work performed by other professionals on our staff (e.g., traffic engineers, landscape architects, environmental scientists and other planners), as appropriate. Fees ° In recognition of our long-standing relationship with the Town of Wappinger,and as requested by the U Town, we will utilize a discounted rate schedule for all of our staff a U_ for all of our services in the Town for 2020. Enclosed is our discounted rate schedule for the Town of Wappinger. Where the services of other professionals on our staff are required, their time would billed in accordance with their respective hourly rates. a Packet Pg.31 62.a Supervisor Richard Thurston and the Wappinger Town Board Page 2 December 23, 2019 E CL CL Fee Considerations 0 It is worth noting that the vast majority of the costs associated with the provision of our planning services to the Town are reimbursed by the applicants who generate the need for such services. This system ,0 has the advantage of being the most equitable method of paying for professional review costs. Each applicant pays for the costs associated with the review of his or her application.. Those applicants that submit reasonable and well prepared plans and supporting information naturally pay lower review costs. ~ The Town and the general public do not subsidize the costs of the development process for those who v require more professional review. L Cn Even though the professional reviews associated with the applications before the Planning Board also include those of the Town Attorney and the Town Engineer,the review costs for each N of the disciplines should not be expected to be equal. Given the full range of planning, zoning and environmental issues to be considered, as well as our drafting of the resolutions, if Is 0 appropriate and to be expected that the professional planning review costs are considerably E greater than those typically generated by the Town Engineer and Town Attorney. Similarly, engineering and legal costs'are far greater than planning related expenses, if any, associated a with other types of Town projects. 0 Additional Efforts to Reduce Costs C UJ No Billing for Travel Time. As of April 1, 2013, we no longer bill for travel time between Rye and the Town of Wappinger on any matter on which we are working. 0 0 No Billing for Ordinary Expenses. In 1993 and 1994, we did not bill the Town for any ordinary oc expenses in connection with our municipal (non-reimbursable) work. As a result of a discussion with T the Town in 1995,we agreed to not bill the Town for any ordinary expenses in connection with our N work reviewing applications(reimbursable work)as well. Such expenses for which we no longer charge N include mileage, mailing costs, fakes, and the normal printing of our memos. We will once again W continue this practice during the coming year. .� Grouping of Site Visits. Another of the methods we will continue to utilize to keep our costs down is M that we make every effort to group daytime site inspections in order to be as efficient as possible. No Administrative Costs. It is also important to realize that our hourly rates already have built into them the cost of secretarial and administrative time. That is,we do not bill, as some consultants do,for U secretarial and administrative staff time;we only bill for professional staff time. u 0 v a Packet Pg.32 Supervisor Richard Thurston and the Wappinger Town Board Page 3 December 23, 2019 a� E CL CL Miscellaneous 0 As has always been our policy, evening meetings are charged as one-half day of time (3-112 hours), unless the actual time spent at such a meeting is more than 3-112 hours, in which case the actual time is charged. However, travel time to and from evening meetings is not charged at all. It is understood = that meetings will be scheduled at mutually convenient times, insofar as possible. Bills for our services ~ will be submitted on a monthly basis. ,O This proposal does not include any architectural, legal or engineering services, other than traffic L engineering. It does not include participation in any court cases. Such an arrangement, if desired, in would be subject to a separate agreement. However,the Town would agree to compensate us for any time and expense involved in connection with a subpoena issued to us and for our attendance in court to testify in any matter relating to the Town's planning and zoning activities occurring during any period of our service to the Town. U a� E Invoices for our services will be submitted monthly based upon our actual expenditures of time, and payment by the Town for our services will be expected within 30 days of our rendering of bills. !tis also a understood that payment to Frederick P. Clark Associates, Inc.for services provided in accordance with 0 this proposal is not contingent on the Town receiving any payment from third parties who are not a party o to this agreement, C w If you have any question regarding this letter, please let me know. If, however, this proposal is satisfactory as presented, we would appreciate it if you would endorse the enclosed copy of this letter in the space provided below, and return the endorsed copy to me for our files. We sincerely value the relationship which we have established with the Town of Wappinger. We look forward to the opportunity to continue to serve the Town's consulting needs. Further, we desire that N our work for the Town be of maximum effectiveness in assisting the Planning and Town Boards in N carrying out their responsibilities. If there is any way in which you feel we can be more useful or w improve our efforts, at any time, please do not hesitate to contact me directly. °C Best regards. E 2 Very truly yours, �J a. U- David H. Stolman,AICP, PP Principal v Enclosures: 2 a Racket Pg.33 6�2.a Supervisor Richard Thurston and the Wappinger Town Board Page 4 December 23,2019 C. CL Approved: , Signature Date 'C �A ��.J 1/t C w�stc o Printed Name s O A So�� l— j t� r� r�i1 .fa O r g:klataW=ff en151das4mpc�saM2©pmpowWplannwglwa .dits., N O v O (n c N C O U a�5 c C C CL a�5 c O C. W C O O N O r Ls 0 (v 0 (v (n W cc C M E O (n U CL U- C O E v Q Racket Pg.34 62.a 555 Theodore Fremd Ave.,Suite C-301 FREDERICK P. CLARK ASSOCIATES Rye,NY 10580 PLANMKTAANSPORTAT KENVIRENU31TANDDEVEWMIMT T:914.967.6540 a Hardesty&Hanover company !Ww ardestyhanover.com c EL CL Town of Wappinger 2020 Discounted Schedule of Hourly Charges O l— Managing Principal and Principal: $176 l— Director of Planning and Associates: $161-$170 Senior Computer Graphics Specialist: $150 L Computer Graphics Specialists: $140 The above charges are inclusive of all secretarial, clerical and administrative services, telephone, U postage and other customary overhead expenses. Hourly charges for court appearances to present E expert testimony will be 1.5 times those stated above. a In addition, since April 1, 2013 we have not, on any matter, charged for travel time between Rye and C the Town of Wappinger. CL E w g:Watald=imr Wocs2irat Khedules12070 rats=mpphger ratsAhs.dom cg c O O N O lr r crs N N Vl w rr c E _ O U r1 U- c O E _ v Q Packet Pg.35 6.3.0 0 cv WALLACWALLACE, LLP N Attorn�}s and Counselors at Lav U 85 Civic Center Plaza, LL3 Poughkeepsie, NY 12601 m0 845 473-0900 F'AX: 845 473-5548 c c DETAINER. AGREEMENT co THIS AGREEMENT FOR LEGAL SERVICE'S is made by and between WALLACE & ¢ WALLACE, LLP, 85 Civic Center Plaza, LLQ, Poughkeepsie, New York, 12601 (the "Firm") o and the TOWN OF WAPPINGER (the "Town'.,) having its principal offices at 20 Middlebush Road, `vVappinger Falls, New York, 12590. 0 m a, 1. Nature of Services to be Provided by the Firm c 0 N This Agreement confirms that the Town has retained the Firm as the attorney to the Town to render Basic Legal Services, Litigation Services, Tax Certiorari Services, Eminent Domain 0 ca Services and Planning Board/Zoning Board of Appeals Application Review Work paid by Escrow. c The Firm shall serve and be compensated as provided by this Agreement. 0 0 A. Basic Legal Services provided under this Agreement include, but are not limited to: 0 r i. General advice to the various Boards and Town Staff, including the Supervisor, the Town Clerk, the Comptroller, the Highway Department, Building Department, > Zoning Department, Buildings& Grounds, Recreation, etc., as well as the Planning in Board and Zoning Board of Appeals if required; a, ii. Attendance at Town Board meetings; J ai iii. Attendance at the meetings of the Zoning Board of Appeals as directed and required (services rendered to the Planning Board shall be under a separate agreement); —°CL iv. Attendance at Board of Ethics meetings as required; w V, The issuance of written legal opinions regarding legal questions; LO 0 vi. Drafting contracts, intermunicipal agreements, deeds, casements and other legal N documents as required; (n LU vii. Issuing statements to auditors regarding pending and threatened litigation; cc viii. Representing the Town in claims brought against it including coordination with c counsel appointed by the Town's insurance carrier; m ix. Drafting of local laws and ordinances; ow 0 X. Attending meetings with Town Officers, Staff and outside agencies as required; n' c xi. Corresponding and interacting with other municipalities as well as County, State and Federal representatives and agencies as needed; 1 Racket Pg.36 0 cv xi i. Consulting with other counsel retained by the Town, such as labor counsel, or its N insurance counsel as required; 0 xiii. Prosecution of Town Code and Uniform Code violations and assist staff with initial investigation and drafting of orders to remedy and legal process; CO xiv. Acting as special prosecutor for violations of the New York Vehicle and Traffic Law in the Town of Wappinger Justice Court; and xv. Providing legal advice regarding the Special Improvement Districts of the Town. 06 B. Litigation Services shall include all matters that involve either the filing of legal pleadings in a court of competent jurisdiction, such as county, state or federal court, and bankruptcy a proceedings in which more than a Notice of Claim and Notice of Appearance must be filed ¢ to protect the Town's interest. 0 C. Tax Certiorari Services shall include consultation with the Town. Assessor regarding any m0 legal issues regarding any challenges to the levy and assessment of taxes or the establishment of any assessment or benefit assessment rolls. Such services shall include: N i. conferences with the Assessor and staff as required, 0 ii. appearance at the Board of Assessment Review if requested, 0° 3 iii. litigation of any tax certiorari proceeding, or any other legal action related to the 0 levy and assessment of taxes or benefit assessments in State or Federal Court, 0 0 D. Application Review Work paid by Escrow, shall include all legal services that are N reasonable and necessary to the decision-making function of the Town Board,the Planning v Board, the Zoning Board of Appeals, the Building Department or the Zoning. Department and the ZBA with respect to application brought before such boards or departments. Any legal work performed related to an application which is deemed to be for the convenience or benefit of the Town shall be billed as a Basic Legal Service. J c E. Eminent Domain Services shall mean any legal services provided to the Town for any action taken under the New York Eminent Domain Procedure Law. E w The Firm acknowledges that the Town has reserved the right to retain, at its sole option, LO other legal counsel for certain specialized legal matters including but not limited to employment matters. This reservation of rights does not preclude the Town Brom assigning; any of these matters N to the Firm. (n m . Handling and Status of Matters � c Craig M. Wallace, Esq. will coordinate the efforts of the Firm on the Town's behalf and wilI be primarily responsible for assigning tasks within the Firm on behalf of the Town. cco Paul. Ackermann, Esq. will be primarily responsible for prosecuting the Town's vehicle N and traffic violations. James P. Horan, Esq. will primarily be designated as lead attorney to all matters involving the Town Board, including, but not limited to, availability for general advice to Department Heads, Town Staff, the Supervisor, Comptroller, Town v 2 Racket Pg.37 6.3.a 0 cv Clerk, Highway Department, Building & Grounds Department, Building Department, N Zoning Department,etc. Craig M. Wallace, Esq,will primarily handle tax certiorari matters and Lisa Cobb, Esq. will be assigned to matters involving land use, including all aspects � of applications before the Zoning Board of Appeals(as necessary)and the Planning Board. The Town understands that no one particular member of the Firm is being retained but O rather, the Firm, as an entity, is undertaking the legal representation of the Town pursuant to this Agreement. The Firm reserves the right to assign and delegate all aspects of such � representation as the Firm, in its sole discretion, deems appropriate. The Firm shall keep a the Town informed of the status of any litigation matters and notify the Town promptly of 6 any developments. Copies of all court papers will be supplied to the Town as they are CL prepared, unless the Town requests to the contrary. Attorneys of the Firm will be available CL for meetings and telephone conversations with Town personnel at mutually convenient times. 0 :3. Hourly Rates and Billing m a, c The Firm's legal services shall be billed at the fallowing rates: 0 • The rate for all non-litigation, non-escrow legal servicesprovided by attorneys with five or more years of experience would be $185 per hour. m • The rate for all escrow (pass through) matters provided by attorneys with five or more years of experience would be $195 per hour. r • The rate for legal services on litigation matters provided by attorneys with five or more years of experience would be $225 per hour. o • The rate for legal services on tax certiorari matters provided by attorneys with five or more years of experience would be $215 per hour. v • The rate for legal services on Eminent Domain matters provided by attorneys with five or more years of experience would be $250 per hour. (n • The rate for any non-litigation legal services provided by attorneys with fewer than five years of experience would be $1.50 per hour. a, • The rate for any legal services in litigation, tax certiorari, or eminent domain matters ?, provided by attorneys with fewer than five years of experience would be $175 per hour. —°CL + If the assistance of a paralegal is warranted on a particular project, that work would be E UJ billed at a rate of$95 per hour. LO L9 The Firm will not bill for travel time between the Firm and the Town Hall. The Firm will bill for travel time for any court appearances or meetings which may be required outside of Cy Wappin,ger, and the Towns surrounding it, or the City of Poughkeepsie. cc The Firm agrees not to bill for the services of more than one attorney who attend the same meeting, conference or event unless approved in advance. m The Firm shall submit stateflnents of all payments due under this Agreement on a monthly basis to the Town Supervisor for review and approval. All work performed by the Firm shall be billed in increments of tenths of an hour. The monthly statement shall be in a form approved by the Town and shall set forth a description of all work performed, the hours worked, the identity E v ¢ i 3 Racket Pg.38 6.3.a o cv of each person performing the work, the rate charged, and any casts or expenses eligible for N reimbursement. Ifthe Town has are any questions or concerns about a bill, please promptly so advise. 'The Town will not be charged for time expended in discussing with the Firm any aspect 'a of a bill. o M 4.. Expenses c The Firm will not boll for routine copying of papers, postage or telephone charges. The a Firm shall pay all overhead incurred in providing legal services to the Town including, but not CO limited to, reasonable and necessary office facilities, equipment, books, supplies, secretarial services, word processing, faxes, telephone usage, insurance, office supplies, copying and a telephone charges. The Firm reserves the right to employ a copy service for large copying ¢ projects and to bill the actual cost of such copying to the Town. The Firm does not bill for 0 mileage. The Firm does not charge the Town for the costs it incurs for legal research providers such as Lexis and Westlaw, however it may bill the actual cost of specialized legal research if m required. 0 In addition to the hourly races set forth in the previous section, the Town agrees to N reimburse the Firm for any filing fees, recording fees, court costs, process server costs, overnight mail expenses, transcripts and the customary fees of stenographers, or other expenses actually m incurred by or billed to the Firm. 0 r The Firm shall seek prior permission from the Town for any expenses anticipated to exceed $500.40. The Firm also shall seek prior permission from the Town for the retention of 0 any experts or investigators, such as accountants, appraisers. Following such permission, the"Town N agrees to reimburse the Firm for such expenditures. v 0 5, Conflicts of Interest iE a, The Town recognizes that the Firm represents other clients. During the term of this J Agreement, the Firm will not represent any new client, including but not limited to a c municipality, county, local or state government agency or other person or entity in matters which the Firm determines to be directly adverse to the Town, nor will the Firm represent the Town in matters which the Firm determines to be directly adverse to the interests of any other client of the w Firm. The Firm shall at all times avoid conflicts of interest in the performance of this L Agreement, In the event that a conflict arises, the Firm shall immediately notify the Town. When ®N' possible and in the interest of the Town, the Firm may advise the Town as to under what N circumstances joint representation of parties may take place and may waivers appropriate to the w situation. °C 0 6. Independent Contractor 0 m The Firm shall perform all services required under this Agreement as an independent N contractor of the Town and shall remain at all times a wholly independent contractor with only N such obligations as are consistent with that role. Neither the Firm, nor any of its employees, shall be deemed employees of the Town. E v 4 Packet Pg.39 6.3.a i O N O N I.- 7. 7. Insurance Coverage �° L The Firm shall procure and maintain, at its cost, errors and omissions/professional 0 CO liability insurance coverage in the amount of not less than $1,000,000 per occurrence. Such CD insurance shall be kept in effect during the term of this Agreement and shall not be canceled E without thirty (30) days' advance written notice of any proposed cancellation to the Town. The Firm shall provide certificates evidencing such insurance as may be requested by the Town. a CO 8. Dispute resolution CL rs. This Retainer Agreement shall be governed by and construed in accordance with the laws of the State of New York. If any dispute or disagreement arises between the Town and the Firm � as to any matter relating to this Agreement, including but not limited to the scope of services, the performance of the respective responsibilities of the Town and the Firm, the quality of the m services rendered, and the billing of such services, the Town and the Firm agree to confer and attempt to resolve the matter informally. If the parties cannot agree, they agree that they will. 0 refer the dispute for resolution to mediation to the fullest extent permitted by law. The parties N are aware that mediation is a voluntary process and pledge to cooperate fully and fairly with the mediator in an attempt to reach a mutually-satisfactory compromise of any dispute or m disagreement. The mediator shall be chosen by mutual agreement of the parties, and mediation shall commence within thirty (30) days of either party's written request to the other for �° mediation. Any agreement reached by the mediation shall be reduced to writing, be signed by the parties, and be binding on them. This provision for.mediation is an effort to protect, preserve, 0 and respect the requisites of a productive attorney-client relationship, but shall be without prgyudice to either party pursuing its other lawful remedies. v L 9. Records and Reports ra a, The Firm shall keep such books and records as shall be necessary to perform the services J required by this Agreement and to enable the "Town to evaluate the performance of the required c services. The Town shall have full and free access to such books and records that deal o specifically with the services performed by the Firm at all reasonable times, including the right to E inspect, copy, audit, and make summaries and transcripts from such records. All reports, records, w documents, and other materials prepared by the Firm, its employees and agents in the LO performance of this Agreement shall be the property of the "Town and shall be: delivered to the N Town upon request by the Town or upon termination of this Agreement. The Firm shall have no N claim for further or additional compensation as a result ofd the exercise by the Town of its full (n rights of ownership of the documents and material hereunder. The Firm may retain copies of cc such documents for its/own use. CU a, c 10. Nondiscrimination cc 0 cv The Firm pledges there shall be no discrimination against or segregation of any person or N group of persons on account of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, national origin, or ancestry in the performance of services under this Agreement. v 5 Racket Pg.40 6.3.a 0 cv O cv 11. Termination The Firm shall at all times serve under the terms of this Agreement at the pleasure of the Town Board, and the Town Board hereby reserves the right to terminate this Agreement at will, COCD with or without cause, by providing written notice to the Firm. Upon receipt of any notice of E termination, the Firm shall cease all services under this Agreement except as may be specifically authorized by the Town. At that time, all further obligations of the Town to pay the Fire for a services rendered under this Agreement shall thereupon cease, provided, however, that the Town CO shall be obliged to pay for all services, costs, and expenditures lawfully incurred by the Firm to � the effective date of such termination, or subsequent to the date of termination at the direction of a the Town. ¢ 0 The Firm reserves the right to terminate this Agreement by giving ninety (90) days' advance written notice to the Town. m CM c In the event of a termination of this Agreement by either party, the Firm shall cooperate 0 with the Town in transferring the files and assignments to the Town Clerk or other person N designated by Town pending the hiring of another firm by the Town. The Hrm shall be o compensated at the hourly rates set forth in this Agreement should it be called upon to perform m any services after the effective date of termination, including the transfer of files and assignments. 0 Upon the Termination of representation of the Town and there is no transfer of the files that are possessed by the Firm, the Firm agrees to assert a diligent effort, subject to casualties N beyond our control, to retain and maintain all major and significant components of your file v relative to this matter for a period of seven (7) year. cn 12. Notices a, J Notices regarding this Agreement shall be given in writing to the parties at the following c addresses: o C. If to the "I"own: w Ln Ls appinger Town Supervisor N 'Down Flall. N 20 Middlebush Toad (n LU Wappingers Falls, NY 12590 m If to the Firm: m Wallace & Wallace, LLP 85 Civic Center Plaza, Suite LL3 N Poughkeepsie,NY 1.2601 E v 6 Packet Pg.41 0 CM 13. Amendment, Assignment, Severability of Agreement N 0 This Agreement contains all of the terms and conditions agreed to between the Town and the Firm. This Agreement may be amended at any time by mutual consent of the parties by an instrument in writing signed by both parties. This Agreement may not be assigned by either party � without the written consent of the other party. I li this Agreement contains any unlawful provision E not an essential part of the Agreement and which shall not appear to have been a controlling or C material inducement to the making of this Agreement, the unlawful provision shall be deemed of a. no effect and shall, upon agreement by the parties, be deemed stricken from the Agreement 6 without affecting the binding force of the remainder. CL CL 14. Representations Each signatory hereto represents that he has the authority to bind the party for which he signs. m a, c 15. Effective Date N This Agreement will govern all legal services performed by the Firm on behalf of the Town. The term of this Agreement shall commence on January 1, 2020, and shall continue m° in effect until amended or terminated. 3 0 r Please sign this letter to confirm that you have read this letter and that you understand = and agree to its provisions and return the sarne to my attention. You can sign this letter by scan ~ 0 and email or faxing it back to my attention. An electronic signature shall have the same effect as an original signature, and each of us agree to be bound by the terms of this agreement by the v electronic signatures of all parties. cn IN WITNESS WHEREOF, the duly authorized representatives of the parties have a, executed this Agreement in duplicate on the day of February 2020. J a, c 0 The Town of Wappin er, New Fork CL w Ln T 0 By. Dr. Richard L. Thurston, Supervisor N cn LU Wallace & Wallace, LLP c 0 _ o By-...C:raig . allacc, Esq. cv C 0 E v 7 Racket Pg.42 6.4.a CEN'T'RAL 'HUDSON GAS & ELECTRIC CORPORATION 25 CENTRAL HUDSON WAY _ FISHKILL, NY 12524-1136 (845) 452-2700 v STREET LIGHTING AUTHORITY ORDER PAGE 1 c 3 TWN OF WAPPINGERS ORDER NO. : H7-02969 � ATTN TOWN CLERI.:C ACCOUNT NO. : 7411-1700-00 Q 20 MIDDLEBUSH ROAD DATE: 01/29/20 WAPPINGERS FALLS NY 12590-4004 � TO CENTRAL HUDSON GAS & ELECTRIC CORPORATION: YOU ARE HEREBY AUTHORIZED TO MAKE CF(ANGES SPECIFIED BELOW TO THE STREET LIGHTIN L SERVICE FOR THE GENERAL TWN CHARGE do c�� RDAI�TCE in WITH A RESOLUTION DULY ADOPTED AS PROVIDED BY LAW BY THE (COUNCIL/BOAR OF THE OF __—_!— _ AT A MEETING HELD ON 120_ AS FOLLC ACTION INSTALL c OR TYP & SIZE POLE NO RATE MAP & DATE ADJ ay REMOVE OF LAMP ** GRID LOCATION COMPLETE AMT 'N INSTALL LED 16500 202392 A OLD HOPEWELL RD 20 . 79 0 RENTAL POLE 6 . 02 Q INSTALL LED 16500 202:393 A SGT PALMATEER WAY 20. 79 � RENTAL POLE 6 . 02 0 r o cv 0 cv cn w L ai c 2.X RP 7-`,ND 2X 153W 1.6500LUM STREETLIGHTS CL ** A. COMPANY OWNED AND MAINTAINED,; ANNUAL OR SEASONAL SERVICE ** B. CUSTOMER OWNED/COMPANY MAINTAINED � ** C. CUSTOMER OWNED/CUSTOMER MAINTAINED 0 THESE CHANGES ARE SUBJECT TO THE TERMS OF THE EXISTING STREET LIGHTING SERVICE CLASSIFICATIONS . DOES NOT INCLUDE THE COST OF ELECTRICITY. -j MUNICIPALITY BY � 20 TITLE v W.O.NO.. 6685A DATE WORK COMPLETED BY Q Racket Pg.43 6.5.a c 0 v UNDERTAKING SECURED BY LETTER OF CREDIT FOR RESTORATION c c 0 This undertaking executed this day of February 2020 by NERP Holdings and c 0 Acquisitions Company, LLC (the "Applicant"), having an address of 150 Hartford Avenue, 0 Wethersfield, Connecticut 06109, as contract-vendee of Raymond Van Duran and Faith Van 0 0 Duran (the "Owners"), to the TOWN OF WAPPINGER, a municipal corporation with 0 offices located at the Town of Wappinger Town Hall,20 Middlebush Road,Wappingers Falls, O New York, 12590. J WHEREAS, the Applicant is the contract-vendee for a certain 5.89 acre parcel of m 0 property located along the west side of Route 9 to the north of Fowlerhouse Road that is cn 0 designated as Tax Parcel 6157-04-539374 on the tax map of the Town of Wappinger (the "Property"); and c WHEREAS, the Applicant has made application for site development plan approval c CL 0 for the construction of a 19,097 square foot retail store with associated improvements such as parking, utilities, outdoor display areas and drainage improvements on the Property (the cv 0 "Project"); and Cy w WHEREAS, on July 15, 2019, the Planning Board of the Town of Wappinger (the c 0 "Planning Board") adopted a Resolution which determined that no significant adverse m 0 environmental impact would be caused by the Project and authorized the issuance of a o 0 0 Negative Declaration; and ai c WHEREAS, during the SEQRA review process the Applicant provided evidence that 0 there was no suitable habitat on the site for rare, threatened or endangered species; and c 0 v Racket Pg.44 6.5.a r- 0 WHEREAS, on September 16, 2019, the Town of Wappinger Planning Board c c adopted a Resolution of Conditional Site Plan Approval for the Project and the Applicant has0� E been diligently obtaining the approvals need to satisfy the conditions of the Resolution, and o WHEREAS, in January of 2020, the Applicant made a request pursuant to X240-93.1 N 0 of the Zoning Code to permit the cutting of trees on the property, prior to the satisfaction of 0 all of the conditions set forth in the Resolution of Conditional Approval, since US Army Corps U O of Engineers and NYS DEC standard protocols prohibit the cutting of trees between,April 1 0 and September 30 to minimize the possibility of disturbing the migration of Indiana Bats;and m WHEREAS, the Planning Board adopted a Resolution pursuant to X240-93.1 on v 0 cn February 3, 2020 granting the Applicant's request to cut the trees in the area of site plan c disturbance subject to the condition that the owner agree to replant a screen of trees in the c event final site plan approval is not granted; and a, E 4- CL WHEREAS, this agreement is to secured by a bond, letter of credit or a deposit of v v cash in an amount fixed by the Engineer to the Town pursuant to X240-93.1(B); N 0 NOW, THEREFORE, the Applicant hereby executes and delivers this Undertaking N cn W pursuant to X240-93.1 to guarantee to the Town of Wappinger that the Property shall be c suitably restored in the event that the Applicant clears the trees and does not satisfy the m° c 0 conditions of the Resolution of Conditional Site Plan Approval within the time for approval 2 0 0 set by the Zoning Code or any extensions of time for approval granted by the Planning Board. a, In the event that the Applicant withdraws its application for approval or abandons its Y approval by failing to obtain any necessary extensions of time to satisfy the conditions of approval, the Town of Wappinger may make a demand upon the Applicant to plant screening E v -2- Packet Pg.45 6.5.a r- 0 trees on the site consisting of 30 white pines (6 feet in height) and restore the site grades to its c c undeveloped condition, as near as practicable, to the satisfaction of the Town of Wappinger. Oo E The Applicant shall, within 120 days of the receipt of demand, weather permitting, plant the o trees in accordance with the terms set forth in a letter from Hallisey, Pearson & Cassidy N 0 Engineering Associates, Inc. dated January 30, 2020, a copy of which is annexed hereto. 0 If Applicant fails to plant the replacement trees and restore the site grades by such date v O as set forth above, or such extended date as the Town Board may approve, then the Town of 0 Wappinger shall have the right to draw upon the security posted to plant the replacement trees m and restore the property. The Town shall provide an accounting to the Applicant for the v 0 expenditure of such sums,and all amounts remaining on deposit with the Town after the work c has been completed, shall be returned to the Surety or the Applicant as the case may be. c As security for this obligation, the Applicant delivers herewith to Town of Wappinger a, E CL the following security for faithful performance of this obligation: v v a bond/letter of credit/cash (pick one) issued on by c1; 0 cv in the amount of cv cn w $20,350.00, said among being determined by the Engineer to the Town of Wappinger. c At such time that the Applicant has complied with all of the Conditions of Site Plan m° c 0 approval and the Planning Board Chairman signs off on the site plan, the security for this 2 0 0 undertaking shall be released. ai E 0 c c 0 v -3- Packet Pg.46 6.5.a r- 0 IN WITNESS WHEREOF, the undersigned executed this Agreement on this c c day of February, 2020. ° v c NERP Holding and Acquisitions Company, LLC o By: 0 Matthew Darling, Member oc 0 U- 0 STATE OF ) U SS: COUNTY OF ) 0 J On the day of February in the year 2020 before me personally appeared m MATTHEW DARLING,personally known to me or proved to me on the basis of satisfactory 2 evidence to be the individual whose name is subscribed to the within instrument and v acknowledged to me that he executed the same in his capacity, and that by his signature on in the instrument, the individual, or the person upon behalf of which the individual acted, c executed the instrument. 0 c Notary Public CL 0 v v cv 0 cv 0 Cv cn w m c 0 m c 0 0 0 0 m a, c 0 c c 0 v -4- Packet Pg.47 � o a C) o 0 N N cc O Q C N 11E G1 a N Cf) :3 u w m O c O +- LL .N O tea ¢ N r_ � Q r 0 � 4- IN ° N CD ' E � v N o00 NN CL � N N d vo (a i N N O Q � U oM . N N �i J4D N N 04 ANco 0 N cn `T W cc O r = N M O N o `` O N toU.° o v L 0 o (n a r ' � V O � r (D :3cl o 0 H Y 70 O [6 U m � e 3 3 o ° L Q O O E O O 3 O O Z N N Racket Pg.48 N N 0 0 i do 14VIO � MARCUS J. MOLINARO � � HEIDI 'SE L ACH COUNTY EXECUTIVE N � COMMISSIONER COUNTY OF DUTCHESS DEPARTMENT OF FINANCE January 31 2020 p Jose h Paoloni, Town Clerkm Town of Wappinger JAN 2 2,020 20 IUliddlebush Road Wappingers Falls NY 1259'© 'TOWN OF \NAPPINGEP sus 0 J 0 In accordance with Sub. 4 of Section 550, of the County Law, I 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, 2019 and ending ° a, December 31st, 2019. 0 v Commissioner of Finance 0 N 0 N Date of Check Account Amount W 0 r 06/07/19 Mortgage Taxes: 252,639.99 12./06/19 303,905.86 0 $556,545.85 cv Payment in Lieu 09/2.5/19 of Taxes 922.50 v 922.50 Q 02/26/19 Sales Tax: 492,136.01 02/27/19 46,690.34 04103/19 211,413.03 06/21/19 298,710.81 11/01/19 260,561.98 1,309,512.17 Total for Town: $1,866,980.52 22 Market Street,Poughkeepsie,New York 12601-3294»(845)486-2025 fax (845)489-21.98 www.dutchessny.gow Packet Pg.49 Joe Paoloni From: Al Casella Sent: Wednesday, February 05, 2020 4:22 PM To: Joe Paoloni; Christopher Phillips Subject: Fw:ZBA position .foe, Please add this in the correspondence log and please make sure everyone on the board get a copy Thanks, AI .r a, 0 J From:Al Casella<acasella@townofwappingerny.gov> v Sent:Wednesday, February 5, 2020 4:20 PM To: Bob Haas<robhaas1028@gmail.com> Subject: Re: ZBA position N 0 Thank you Bob v M From: Bob Haas<robhaas1028@gmail.com> Sent:Wednesday, February 5, 2020 4:13 PM N To:Al Casella<acasella@townofwappingerny.gov> (n LU Subject:ZBA position 0 HI Al, N I saw a notice in the Southern Dutchess News advertising for ZBA positions. l had already sent a note and resume to Dick and Sondra . Since the add says send it to you I am o doing that as well. N I am interested in the position on the ZBA. Attached is my resume. v IRE""'U'VED FEB 0 6 2020 TOWN OF WAPNNGtP -nn %'V0k J r# F R V 1 Racket Pg.50 Robert G Haas 65 Degarmo Hills Rd Wappinger Falls,NY 12590 845 298 8036 rabhaasl028@gmall.com i EDUCATION 1963- 1965 Bronx Community College, Bronx, NY Associate in Applied Science Commencement Award Excellence in Mechanical Technology �° Commencement Leadership Award EMPLOYMENT o CL 1965-2009 IBM Program Manager, Packaging Printed Circuit Board Manufacturing Engineer U Ferrite Memory Equipment Engineer 0 1973 Overseas Assignment Product Engineer Ceramic Substrate Equipment Engineer N cn Engineering Manager New Plant Construction in China r Joint Venture C4NP N 0 0 cv Corporate Outstanding Technical Achievement Award N Invention Achievement Award (2) Leadership Award (2) E v - 2018-2019 - Town of Wappinger Zoning Board of Appeals Q 2 appointments OTHERINTERESTS Property Development 11.5 Acres current residence from vacant land General Construction Current residence with barn Volunteer for New Hamburg Cemetery Restoration Extensive metalworking knowledge Duchess Putnam Appalachian Trail Mana ement Committee Various construction projects USFS Class B Sawyer License Racket Pg.51