Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2020-05-11
Town of Wappinger Regular Meeting ~ Minutes ~ I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present William H. Beale Town of Wappinger Councilman Present Angela Bettina Town of Wappinger Councilwoman Present Christopher Phillips Town of Wappinger Councilman Present Al Casella Town of Wappinger Councilman Present Joseph P. Paoloni Town of Wappinger Town Clerk Present Jim Horan Consultant Attorney Present Tim Moot Consultant Engineer Present II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda Added SECRA review letter and Signs Discussion. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge the April 27, 2020 Minutes RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella IV. Supervisor's Update V.Public Portion 1. Motion To: Open Public Portion Town of Wappinger Page 1 Printed 6/3/2020 RESULT:ADOPTED \[UNANIMOUS\] MOVER: Angela Bettina, Councilwoman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella VI. Town Staff Updates 1. Finance Fredrick Awino updated the town's financial status as of April 2020. The A-Fund has $3.1 MM in revenues or 76% of budgeted which is slightly ahead of 2019 and the same as 2018. The B- Fund at 15% which is slightly lower than 2019 which was 28.72% and 2018 which was 28.5% at the same pint in the year. The DB-Fund which shares the same tax-base as the B-Fund is at 84% which is the same as 2019 at 83% and 2018 89%. All of the Sales tax received thus far was appropriated to the DB-Fund as sales tax can be distributed among the 2 funds as the town sees fit. State Aid is the main source of concern is which is budgeted at $266,900. If is expected to at least receive 50% of this, a shortfall of $133,000. Sales tax is budgeted at $1,115,000 and $1,094,000 is guaranteed a shortfall of only $21,000 Cash in the bank is $1.5MM - A-Fund, B-Fund $4.4 MM, DB $1.6 MM. 2. Recreation Director Fulton updated the status of recreation items. The details are on the town video on the town's website. 3. Tax Assessor Christian Harkins updated the Grievance Day plans. It will still be held as planned. 4. Building and Code Department 5. Buildings and Grounds 6. Projects Update by Town Engineer The details are on the town video on the town's website. Town of Wappinger Page 2 Printed 6/3/2020 7. Motion To: Authorize an additional $6,000 change order for the repair of the Chapel Roof Chapel Roof Beale Al Cassla 6K additional Town of Wappinger Page 3 Printed 6/3/2020 RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 8. Motion To: Approval of Excess Repair for Town Launching Ranch Town of Wappinger Page 4 Printed 6/3/2020 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella VII. Discussions 1. Motion To: Approve Road Paving The following are the approved town roads to be paved: Spring Hill Court Cross Ridge Rd Martin Dr Sabra Lane Gabriella Rd Stoneykill Rd Balfour Dr Dara Lane Michael Dr Ada Dr Peter Dr Relyea Terrace Thompson Terrace Old Myers Corners Rd The total miles to be paved is 5.28. We are using the Dutchess County Bid for blacktop pricing and rental rates for equipment for paving and milling of roads. The estimated cost for blacktop is $674,000. The estimated cost for the rental rates of equipment for blacktopping is $224,010 for 11 days. The estimated cost for milling the roads prior to paving is $117,040 for 7 days. The estimated total for paving is $ 1,015,050. Town of Wappinger Page 5 Printed 6/3/2020 RESULT:ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Blood Drive 3. Motion To: Town Hall to Serve as Tonw Primary Center Allow Town Hall to serve as the polling site for the June 26th State Primary. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 4. Recycle Yard Re-Opening To open starting in June. 5. Wappinger Unsung Heroes Recognition 6. Park Signs Code Changes 7. Town Hall Re-Opening VIII. Resolutions RESOLUTION: 2020-100 Resolution Awarding Contract For HVAC Maintenance Town of Wappinger Page 6 Printed 6/3/2020 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-100 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Mover Withdrawn Al Casella Seconder Dated: Wappingers Falls, New York May 11, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-105 Resolution Authorizing The Settlement Of Tax Certiorari Proceedings Regarding Imperial Improvements, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2016, 2017, 2018 and 2019 by Imperial Improvements, LLC regarding real property located at 1574-1576 Route 9 in the Village of Wappingers Falls, Town of Wappinger, County of Dutchess, Tax Grid # 6158-15-589264, seeking a reduction in the 2016, 2017, 2018 and 2019 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of these tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the years 2018 and 2019, as it pertains to: 1574-1576 Route 9, Tax Grid # 6158-15-589264 Year Original Total Revised Total Reduction Assessment Assessment 2016/17 $6,760,000 $6,760,000 $-0- 2017/18 $6,760,000 $6,760,000 $-0- 2018/19 $6,760,000 $5,600,000 $1,160,000 2019/20 $6,760,000 $5,600,000 $1,160,000 ; and be it further Town of Wappinger Page 7 Printed 6/3/2020 RESOLVED, that the Town Supervisor, Town Assessor and Craig M. Wallace, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-105 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Voter Dated: Wappingers Falls, New York May 11, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-106 Resolution Authorizing The Settlement Of Tax Certiorari Proceedings Regarding Marshall 31, LLC WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2018 and 2019 by Marshall 31, LLC regarding real property located at 29-31 Marshall Road in the Village of Wappingers Falls, Town of Wappinger, Tax Grid # 6158-19-688002, seeking a reduction in the 2018 and 2019 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of these tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the years 2018 and 2019, as it pertains to: 29-31 Marshall Road, Tax Grid # 6158-19-688002 ASSESSMENT ASSESSMENT REDUCED ASSESSMENT AMOUNT OF ROLL REDUCTION 2018 $3,952,000.00 $3,800,000.00 $152,000.00 2019 $3,952,000.00 $3,550,000.00 $402,000.00 ; and be it further RESOLVED, that the Town Supervisor, Town Assessor and Craig M. Wallace, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-106 Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended Richard Thurston Voter Defeated Town of Wappinger Page 8 Printed 6/3/2020 Tabled William H. Beale Mover Withdrawn Angela BettinaVoter Christopher Phillips Seconder Al Casella Voter Dated: Wappingers Falls, New York May 11, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-107 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-107 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Voter Town of Wappinger Page 9 Printed 6/3/2020 Dated: Wappingers Falls, New York May 11, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-108 Proclamation on National Older Americans Month Whereas, the Town of Wappinger is home to many older Americans who make countless contributions to our community every day; and Whereas, the Town of Wappinger is stronger when people of all ages, abilities, and backgrounds are included and encouraged to make their mark; and Whereas, the Town of Wappinger recognizes the importance of the physical, mental, social, and emotional well-being of its citizens; and Whereas, Town of Wappinger Government can support our community members by: endence, inclusion, and participation; talents. Now, therefore be it resolved, that the Town Board of the Town of Wappinger do hereby proclaim May 2020 to be Older Americans Month. The Town Board urges every resident to recognize older adults and the people who support them as essential members of our community. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-108 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Mover Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Voter Dated: Wappingers Falls, New York May 11, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-109 Proclamation Recognizing Graduating Seniors WHEREAS, Families, friends, neighbors, and educators should encourage everyone to Town of Wappinger Page 10 Printed 6/3/2020 focus on the abilities of all young people, and honor their hard work, and WHEREAS, The most effective way to increase this awareness of the value of education and participation in community activities and the openness to learn and acknowledge each WHEREAS, the Town of Wappinger encourages all citizens to support opportunities for the 2020 graduating classes from Roy C. Ketcham, John Jay, Beacon, Arlington, and Orchard View Alternative high schools. Our Wappinger community is dedicated to providing education, housing, employment and recreational activities. NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Wappinger, do within the Town of Wappinger. NOW THEREFORE BE IT FURTHER RESOLVED, Throughout the Town of Wappinger, we urge and encourage all citizens to take time to get to know a graduating senior, recognize their aspirations and contributions and honor them and their journey of The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-109 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Al Casella Mover Dated: Wappingers Falls, New York May 11, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-110 Resolution Accepting Padasana Court And Related Easements For All Angels Heights Subdivision Together With Maintenance Agreement Secured By Cash Deposit Town of Wappinger Page 11 Printed 6/3/2020 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-110 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Voter Defeated William H. Beale Voter Tabled Angela Bettina Voter Withdrawn Christopher Phillips Seconder Next: 6/8/20 7:00 PM Al Casella Mover Dated: Wappingers Falls, New York May 11, 2020 Town of Wappinger Page 12 Printed 6/3/2020 The Resolution is hereby duly declared Tabled. IX. Items for Special Consideration/New Business 1. Motion To: Approve the Maintenence Parameters Within the Contract For Palmatier Park Nothing was provided to the town clerk for recording in these minutes. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella X.Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:30 PM. ____________________ Joseph P. Paoloni Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 13 Printed 6/3/2020 8.1.a CUSTOMER TOWN OF WAPPINGER LOCAL JOHNSON CONTROLS OFFICE 8 SKYLINE DRIVE 1ST FLOOR HAWTHORNE,NY 10532 AGREEMENT START DATE: 04/01/2020 PROPOSAL DATE: 02/3/2020 ESTIMATE NO: 1-1794DQ1F Partnering with you to deliver value-driven solutions A Planned Service Agreement with Johnson Controls provides you with a customized service strategy designed around the needs of your facility. Our approach features a combination of scheduled, predictive and preventative maintenance services that focus on your goals. As your building technology services partner, Johnson Controls delivers an unmatched service experience delivered by factory-trained, highly skilled technicians who optimize operations of the buildings we work with, creating productive and safe environments for the people within. By integrating our service expertise with innovative processes and technologies, our value-driven planned service solutions deliver sustainable results, minimize equipment downtime and maximize occupant comfort. Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) Packet Pg. 14 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Executive Summary PLANNED SERVICE PROPOSAL FOR TOWN OF WAPPINGER Dear Mr. Steve Frazier, We value and appreciate your interest in Johnson Controls as a service provider for your building systems and are pleased to provide a value-driven maintenance solution for your facility. The enclosed proposal outlines the Planned Service Agreement we have developed on your facility. Details are included in the Planned Service Agreement summary (Schedule A), but highlights are as follows: In this proposal we are offering a service agreement for 3 Years starting 04/01/2020 and ending 03/31/2023. The agreement price for first year is $25,115.00; see Schedule A, Supplemental Price and Payment Terms, for pricing in subsequent years. The equipment options and number of visits being provided for each piece of equipment are described in Schedule A, Equipment list. This proposal is in accordance with Sourcewell Agreement # 030817-JHN As a manufacturer of both mechanical and controls systems, Johnson Controls has the expertise and resources to provide proper maintenance and repair services for your facility. Again, thank you for your interest in Johnson Controls and we look forward to becoming your building technology services partner. Please contact me if you have any questions. Sincerely, Stephanie Eagens HVAC - Account Representative Owner Cell: (845) 216-1205 Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 2 of 24 Packet Pg. 15 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Benefits of Planned Service A Planned Service Agreement with Johnson Controls will allow you to optimize your bu performance, providing dependability, sustainability and -driven solution that fits your specific goals, delivered with the attention of a local service company backed by the resources of a global organization. With this Planned Service Agreement, Johnson Controls can help you achieve the following five objectives: 1. Identify Energy Savings Opportunities Since HVAC equipment accounts for a major your system performing at optimum levels may lead to a significant reduction in energy costs. 2. Reduce Future Repair Costs Routine maintenance may maximize the life of your equipment and may reduce equipment breakdowns. 3. Extend Asset Life Through proactive, factory-recommended maintenance, the life of your HVAC assets may be extended, maximizing the return on your investment. 4. Ensure Productive Environments Whether creating a comfortable place where employees can be productive or controlling a space to meet specialized needs, maintenance can help you achieve an optimal environment for the work that is being accomplished 5. Promote Environmental Health and Safety When proper indoor conditions and plant requirements are maintained, business outcomes may be improved by minimizing sick leave, reducing accidents, minimizing greenhouse gas emissions and managing refrigerant requirements. nd how the work they perform can help you accomplish your business objectives. Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 3 of 24 Packet Pg. 16 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Personalized Account Management A Planned Service Agreement also provides you with the support of an entire team that knows your site and can closely work with you on budget planning and asset management. Your local Johnson Controls account management team can help guide planned replacement, energy skilled professionals will be looking out for what is best for your facility and budget. A Culture of Safety Johnson Controls technicians take safety seriously and personally, and integrate it into everything they do. All of our technicians participate in regular and thorough safety training. Because of their personal commitment, we are a leader in the HVAC service industry for workplace safety performance. This means that you do not have to worry about us when we are on your site. Commitment to Customer Satisfaction Throughout the term of your Planned Service Agreement, we will periodically survey you and use your feedback to continue to make improvements to our service processes and products. Our goal is to deliver the most consistent and complete service experience possible. To meet this goal, service experience every time. Energy & Sustainability A more sustainable world one building at a time Johnson Controls is a company that started more energy for customers ever since. Today, Johnson Controls is a global leader in creating smart environments where people live, work and play, helping to create a more comfortable, safe and sustainable world. The Value of Integrity Johnson Controls has a long, proud history of integrity. We do what we say we will do and stand behind our commitments. Our good reputation builds trust and loyalty. In recognition for our commitment to ethics across our global operations, Most Ethical Companies by Ethisphere Institute, a leading think tank dedicated to business ethics and corporate social responsibility. In addition, Corporate Responsibility Magazine recognizes Johnson Controls as one of the top companies in its annual "100 Best Corporate Citizens" list. Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 4 of 24 Packet Pg. 17 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Service Plan Methodology As part of the delivery of this Planned Service Agreement, Johnson Controls will dedicate a local customer service agent responsible for having a clear understanding of the agreement scope, and your facility procedures and protocols. A high-level overview around our service delivery process is outlined below including scheduling, emergency service, on-site paperwork, communication and performing repairs outside of the agreement scope. Scheduling Preventative maintenance service will be scheduled using our automated service management system. In advance of the scheduled service visit, our technician is sent a notice of service to a smartphone. Once the technician acknowledges the request, your customer service agent will call or e-mail your on-site contact to let you know the start date and type of service scheduled. The technician checks in, wears personal protective equipment, performs the task(s) as assigned, checks out with you and asks for a screen capture signature on the smartphone device. A work order is then e-mailed, faxed or printed for your records. Emergency Services Emergency service can be provided 7 days a week, 24 hours a day, 365 days a year. During normal business hours, emergency service will be coordinated by the customer service agent. After hours, weekends and holidays, the emergency service number transfers to the Johnson Controls after-hours call center and on-call technicians are dispatched as needed. Johnson Controls is committed to dispatching a technician within hours of receiving your call through the service line. A work order is e-mailed, faxed or printed for your records. Depending on the terms of your agreement, you may incur charges for after hour services. Communication A detailed communication plan will be provided to you so you know how often we will provide information to you regarding your Planned Service Agreement. The communication plan will also provide you with your main contacts at Johnson Controls. Approval Process for Non-Covered Items Johnson Controls will adhere to your procurement process. No work will be performed outside of the agreement scope without prior approval. Johnson Controls will work with you closely to ensure your procurement process is followed before any non-covered item work is started. Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 5 of 24 Packet Pg. 18 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Summary of Services and Options Comprehensive and Operational Inspections During comprehensive and operational inspections, Johnson Controls will perform routine checks of the equipment for common issues caused by normal wear and tear on the equipment. Routine maintenance, such as lubrication, cleaning and tightening connections, can be performed depending on the type of equipment being serviced. Routine maintenance is one of the keys to the five values of maintenance it can help identify energy saving opportunities, reduce future repair costs, extend asset life, ensure productive environments, and promote health and safety. Boiler Tube Brushing Boiler heat transfer surfaces must be kept clean to provide for safe and economical boiler operation. During boiler operation deposits such as soot and scale can accumulate on boiler tubes, causing a loss in efficiency due to reduced heat transfer. This includes capacity reduction and high draft losses. Corrosive elements are often present in the scale, increasing the probability of tube failure. Extreme cases of boiler tube blockage can also create a safety or fire hazard. Johnson Controls technicians will brush the tubes, cleaning these surfaces. This improves heat transfer, optimizes efficiency, and reduces potential corrosion and safety issues.This service does not include chemical treatment required to control or eliminate biohazards such as Legionella unless chemical water treatment services have been added as a separate option. Combustion Analysis Combustion analysis and subsequent adjustments are critical to efficient boiler operation. Boiler fuel, whether natural gas or oil, must burn in the proper combination of fuel and air (oxygen). Poor combustion can create soot deposits on the tubes, impairing heat transfer. Incomplete combustion can also lead to the potential formation of CO (carbon monoxide); an odorless gas that can harm occupants in the mechanical room and/or building. Johnson Controls technicians will analyze the flue gas to determine if optimal fuel/air ratios are present. Filter Replacement Clean air filters help maintain proper airflow throughout your building. Decreased airflow can impair the performance of the cooling coil and may lead to occupant discomfort and inefficient operation of the HVAC system. Johnson Controls will replace the filters on a regular basis to maintain airflow and maximize air quality. Vibration Analysis Fan & Pump Johnson Controls technicians will collect vibration data at various measurement points on the machine. This data is used to assess the condition of bearings, sheaves, belts and rotors. It also detects the presences of imbalance or misalignment. Repairs are followed up with another vibration analysis to ensure root problems have been identified and resolved. Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 6 of 24 Packet Pg. 19 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Summary Thank you for considering Johnson Controls as your building technology services partner. The following agreement document includes all the details surrounding your Planned Service Agreement. -driven solution that can help optimize your building controls and equipment performance, providing dependability, the attention of a local service company backed by the resources of a global organization. Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 7 of 24 Packet Pg. 20 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Planned Service Agreement Customer Name : TOWN OF WAPPINGER Address: 20 MIDDLEBUSH RD WAPPINGERS FALLS,NY 12590-4004 Proposal Date: 02/03/2020 Estimate #: 1-1794DQ1F Scope of Service ) agree Preventative Maintenance Planned Service Agreement, the Equipment List, Supplemental Price and Payment Terms, Terms and Conditions, and Schedules attached hereto and incorporated by this reference as if set forth fully herein Extended Service Options for Premium Coverage If Premium Coverage is selected, on-site repair services to the equipment will be provided as specified in this Agreement for the equipment listed in the attached Equipment List. Equipment List Only the equipment listed in the Equipment List will be covered as part of this Agreement. Any changes to the Equipment List must be agreed upon in writing by both Parties. Term / Automatic Renewal This Agreement takes effect on 04/01/2020 a Agreement will automatically renew on a year-to-year basis after the Original Term ends unless the Customer or JCI gives the other written notice it does not want to renew. The notice must be delivered at least (45) days prior to the end of the Original Term or of any renewal period. The Original Term and any adjustments are discussed in the Terms and Conditions. Refrigerant Charges Refrigerant is not included under this Agreement and will be billed separately to the Customer by JCI. Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 8 of 24 Packet Pg. 21 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Price and Payment Terms inal Term is $25,115.00. This amount will be paid to JCI in Annual installments. Pricing for each subsequent year of a multiyear original term is set forth in the Supplemental Price and Payment Terms. All payments will be due and payable within 30 days of obligation to perform its Services. A penalty of one and a half percent (1.5%) of the amount due per month shall accrue for payments received after the payment due date. Renewal price adjustments are set forth in the Terms and Conditions. Invoices will be sent to the following location: In lieu of paper invoices sent to the location above, invoices should be emailed to the following email address: This proposal is valid for thirty days from the proposal date. JOHNSON CONTROLS Inc. By: Stephanie Eagens By: Signature: Signature: Title: HVAC - Account Representative Owner Date: Title: Date: Signature: Customer PO#: Title: Date: JCI Branch: JOHNSON CONTROLS WESTCHESTER NY CB - 0N62 Address: 8 SKYLINE DRIVE 1ST FLOOR HAWTHORNE,NY 10532 Branch Phone: (914) 593-5200 Branch Email: Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 9 of 24 Packet Pg. 22 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Schedule A - Equipment List Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 10 of 24 Packet Pg. 23 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 11 of 24 Packet Pg. 24 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 12 of 24 Packet Pg. 25 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Equipment Tasking Boiler, Gas-Fired Combustion Analysis Use appropriate eye protection in work environment Use appropriate Head protection on worksite Use appropriate hand gloves on worksite Use and follow the JCI safety policy for Fall Protection while performing work Use and follow the JCI Ladder Safety processes while performing work Use and follow the JCI Lock-out Tag-out on all electrical machinery All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Perform combustion analysis procedures Document tasks performed during visit and report any observations to appropriate customer representative Comprehensive Use appropriate eye protection in work environment Use appropriate Head protection on worksite Use appropriate hand gloves on worksite Use and follow the JCI safety policy for Fall Protection while performing work Use and follow the JCI Ladder Safety processes while performing work Use and follow the JCI Lock-out Tag-out on all electrical machinery Use appropriate Arc/flash personal protective equipment on voltages over 240 volts All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Inspect burner contactors for wear Check and tighten electrical connections Check for proper gas supply pressure Check and clean pilot assembly Clean combustion fan wheel Visually inspect combustion chamber, draft diverter and flue for accumulation of soot - clean as needed Check burner for proper sequence of operation Check operating controls Check all safety controls Inspect condensate piping , trap and drain Lift relief valve to ensure proper operation Check boiler relief valves for leakage Check combustion blower motor operation and lubricate as needed Check factory supplied gas piping and components for leakage Drain boiler, open hand hole covers and clean as needed (if applicable) Disassemble and clean low water cut-out Fill boiler and check for proper operation of make-up water valve Verify proper operation of low water cut-out control Check overall condition of unit Record and log all operating parameters (including pressures and temperatures) Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative Fireside Cleaning Use appropriate eye protection in work environment Use appropriate Head protection on worksite Use appropriate hand gloves on worksite Use and follow the JCI safety policy for Fall Protection while performing work Use and follow the JCI Ladder Safety processes while performing work Use and follow the JCI Lock-out Tag-out on all electrical machinery Use appropriate Arc/flash personal protective equipment on voltages over 240 Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) volts Use and follow the JCI Ground Fault Circuit Interrupter safety process while working with electrical tool and equipment © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 13 of 24 Packet Pg. 26 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Remove access panels Brush fireside surfaces Reinstall access panels Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative City Multi Split Heat Pump System Condenser Coil Use appropriate eye protection in work environment Cleaning Use appropriate Head protection on worksite Use appropriate hand gloves on worksite Use and follow the JCI safety policy for Fall Protection while performing work Use and follow the JCI Ladder Safety processes while performing work Use and follow the JCI Lock-out Tag-out on all electrical machinery Use appropriate Arc/flash personal protective equipment on voltages over 240 volts Use and follow the JCI safety policy for working with CFC, HCFC and HRC refrigerants All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Spray coil(s) with water ONLY. Rinse coil(s) thoroughly with water Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative Cooling Comprehensive Use appropriate eye protection in work environment Use appropriate Head protection on worksite Use appropriate hand gloves on worksite Use and follow the JCI safety policy for Fall Protection while performing work Use and follow the JCI Ladder Safety processes while performing work Use and follow the JCI Lock-out Tag-out on all electrical machinery Use appropriate Arc/flash personal protective equipment on voltages over 240 volts Use and follow the JCI safety policy for working with CFC, HCFC and HRC refrigerants All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Review control panel for proper operation and recorded fault histories (if applicable) Check and tighten electrical connections Check contactor(s) Check condition of condenser coil Check condition of evaporator coil Check condenser fan motors and blades Check blower motor operation Lubricate blower and motor bearings Check condition and alignment of pulley and belts Check condition of filters Clean condensate pan and clear drain line Check for visual signs of refrigerant/oil leak(s) Check for unusual noise and vibration Record and log all operating parameters Check overall condition of unit Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) appropriate customer representative Heating Comprehensive Use appropriate eye protection in work environment Use appropriate Head protection on worksite © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 14 of 24 Packet Pg. 27 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Use appropriate hand gloves on worksite Use and follow the JCI safety policy for Fall Protection while performing work Use and follow the JCI Ladder Safety processes while performing work Use and follow the JCI Lock-out Tag-out on all electrical machinery Use appropriate Arc/flash personal protective equipment on voltages over 240 volts Use and follow the JCI safety policy for working with CFC, HCFC and HRC refrigerants All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Review control panel for proper operation and recorded fault histories (if applicable) Check operation of heating mode Check and tighten electrical connections Check contactor(s) Check condition of condenser coil Check condition of evaporator coil Check condenser fan motors and blades Check blower motor operation Lubricate blower and motor bearings Check condition and alignment of pulley and belts Check condition of filters Check for visual signs of refrigerant/oil leak(s) Check for unusual noise and vibration Record and log all operating parameters Check overall condition of unit Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative Standard Filter Change Use appropriate eye protection in work environment Use appropriate Head protection on worksite Use appropriate hand gloves on worksite Use and follow the JCI safety policy for Fall Protection while performing work Use and follow the JCI Ladder Safety processes while performing work Use and follow the JCI Lock-out Tag-out on all electrical machinery All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Turn equipment off Remove dirty filters Install new filters Turn equipment on Dispose of dirty filter appropriately Document tasks performed during visit and report any observations to appropriate customer representative Pump Comprehensive Use appropriate eye protection in work environment Use appropriate Head protection on worksite Use appropriate hand gloves on worksite Use and follow the JCI safety policy for Fall Protection while performing work Use and follow the JCI Ladder Safety processes while performing work Use and follow the JCI Lock-out Tag-out on all electrical machinery Use appropriate Arc/flash personal protective equipment on voltages over 240 volts All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) Check for leaks Check coupling Lubricate pump and motor bearing(s) per manufacturer's recommendation Record and log all operating parameters © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 15 of 24 Packet Pg. 28 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Check for unusual noise and vibration Check overall condition of unit Document tasks performed during visit and report any observations to appropriate customer representative Vibration Analysis Use appropriate eye protection in work environment Use appropriate Head protection on worksite Use appropriate hand gloves on worksite Use and follow the JCI safety policy for Fall Protection while performing work Use and follow the JCI Ladder Safety processes while performing work Use and follow the JCI Lock-out Tag-out on all electrical machinery All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Record equipment specific information for reference Install pads and labels (if applicable) Install sensors in proper location. Start equipment and run at normal operating conditions. Record readings and remove sensors. Submit readings for report generation and deliver to customer with recommendations. Document tasks performed during visit and report any observations to appropriate customer representative Split Ductless System Belt Change Use appropriate eye protection in work environment Use appropriate Head protection on worksite Use appropriate hand gloves on worksite Use and follow the JCI safety policy for Fall Protection while performing work Use and follow the JCI Ladder Safety processes while performing work Use and follow the JCI Lock-out Tag-out on all electrical machinery All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Perform belt change procedures Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative Condenser Coil Use appropriate eye protection in work environment Cleaning Use appropriate Head protection on worksite Use appropriate hand gloves on worksite Use and follow the JCI safety policy for Fall Protection while performing work Use and follow the JCI Ladder Safety processes while performing work Use and follow the JCI Lock-out Tag-out on all electrical machinery Use appropriate Arc/flash personal protective equipment on voltages over 240 volts Use and follow the JCI safety policy for working with CFC, HCFC and HRC refrigerants All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Spray coil(s) with chemical solution Rinse coil(s) thoroughly with water Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative Cooling Comprehensive Use appropriate eye protection in work environment Use appropriate Head protection on worksite Use appropriate hand gloves on worksite Use and follow the JCI safety policy for Fall Protection while performing work Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) Use and follow the JCI Ladder Safety processes while performing work Use and follow the JCI Lock-out Tag-out on all electrical machinery Use appropriate Arc/flash personal protective equipment on voltages over 240 © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 16 of 24 Packet Pg. 29 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER volts Use and follow the JCI safety policy for working with CFC, HCFC and HRC refrigerants All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check and tighten electrical connections Check contactor(s) Check condition of condenser coil Check condenser fan motors and blades Check blower motor operation Lubricate blower and motor bearings (if applicable) Check condition and alignment of pulley and belts (if applicable) Check condition of filters Clean condensate pan and clear drain line (if readily accessible) Check for visual signs of refrigerant/oil leak(s) Check for unusual noise and vibration Record and log all operating parameters Check overall condition of unit Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative Return Air Filter Change Use appropriate eye protection in work environment Use appropriate Head protection on worksite Use appropriate hand gloves on worksite Use and follow the JCI safety policy for Fall Protection while performing work Use and follow the JCI Ladder Safety processes while performing work Use and follow the JCI Lock-out Tag-out on all electrical machinery All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Turn equipment off Remove dirty filters Install new filters Turn equipment on Dispose of dirty filter appropriately Document tasks performed during visit and report any observations to appropriate customer representative Water Heater Comprehensive Use appropriate eye protection in work environment Use appropriate Head protection on worksite Use appropriate hand gloves on worksite Use and follow the JCI safety policy for Fall Protection while performing work Use and follow the JCI Ladder Safety processes while performing work Use and follow the JCI Lock-out Tag-out on all electrical machinery Check with appropriate customer representative for operational deficiencies Check amperage Check temperature Check and tighten electrical connections Check continuity of heating element(s) Blow down tank Lift relief valve to ensure proper operation Check for leaks Check for unusual noise or vibration Clean area around equipment Complete any required maintenance checklists, report observations to appropriate customer representative Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 17 of 24 Packet Pg. 30 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Supplemental Price & Payment Terms (Applies to Multi-Year Contracts Only) Year Total Annual Dollar Amount Payment Frequency Year 1 $25,115.00 Annually Year 2 $26,122.00 Annually Year 3 $27,167.00 Annually Special Additions and Exceptions Labor Rates Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 18 of 24 Packet Pg. 31 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 19 of 24 Packet Pg. 32 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER . (b) (c) (d) ; (e) ; (f) ; (g) (h) : Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 20 of 24 Packet Pg. 33 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER . . Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 21 of 24 Packet Pg. 34 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER . . . . . . Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) . © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 22 of 24 Packet Pg. 35 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER . . . . . . . Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 23 of 24 Packet Pg. 36 8.1.a JOHNSON CONTROLS PLANNED SERVICE PROPOSAL PREPARED FOR TOWN OF WAPPINGER Attachment: Town of Wappinger - HVAC Maintenance (RES-2020-100 : Resolution Awarding Contract For HVAC Maintenance) \[END OF DOCUMENT\] © 2020 Johnson Controls, Inc. Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 24 of 24 Packet Pg. 37 8.2.a STATE OF NEW YORK SUPREME COURT COUNTY OF DUTCHESS In the Matter of the Application for a Review Under Article 7 of the Real Property Tax Law of a Tax STIPULATION OF Assessment by SETTLEMENT AND JUDICIAL ORDER IMPERIAL IMPROVEMENTS, LLC, Petitioner, Index No. 2016-51687 -against- 2017-51656 2018-51964 THE ASSESSOR(S) FOR THE TOWN OF WAPPINGER, 2019-52573 THE BOARD OF ASSESSMENT REVIEW FOR THE TOWN OF WAPPINGER, AND THE TOWN OF WAPPINGER IN THE COUNTY OF DUTCHESS, NEW YORK, Respondents. WHEREAS Petitioners Imperial Improvements, LLC (hereinafter, the duly and timely commenced the above-captioned proceedings pursuant to Article 7 of the Real Property Tax Law by and through its attorneys, Speno MacLeod, PLLC (Kevin R. MacLeod, Esq. and Rebecca M. Speno, Esq., of counsel) against the Assessor for the Town of Wappinger, the Board of Assessment Review for the Town of Wappinger, the Town of Wappinger Town Dutchess, to review the assessment on real property owned by the Petitioner that was, for the assessment roll years at issue, identified by the Assessor on said assessment rolls as tax identification number 6158-15-589264-0000 and located at 1574-1576 Route 9, respectively, in the Town of Wappinger and WHEREAS the Town Respondents appeared in these proceedings by and through their attorneys Wallace & Wallace, LLP (Craig Wallace, Esq., of counsel); Attachment: Stipulation of Settlement Imp (RES-2020-105 : Authorizing The Settlement Of Tax Certiorari Imperial Improvements, LLC) Packet Pg. 38 8.2.a however, the Wappinger Central School District, County of Dutchess or Village of Wappinger Falls did not intervene or appear in these proceedings; WHEREAS, Petitioner and Respondents are collectively referred to herein as WHEREAS, the Parties have entered into extensive settlement negotiations and have agreed that settlement is in the best interests of the Parties, so as to avoid the cost of further litigation, among other things; and NOW, THEREFORE IT IS HEREBY STIPULATED AND AGREED that the Parties propose to settle these proceedings upon the terms and conditions set forth in this Stipulation of Settlement and Judicial Order: 1. These proceedings shall be consolidated under Index No. 2019-52573. 2. The Subject is located in the Town of Wappinger, Wappinger Central School District, Village of Wappinger Falls, and County of Dutchess taxing and assessing jurisdictions and their special and other districts (e.g., fire and library districts). 3. The original assessments on the Subject for the years at issue, and the reduced assessments for the years at issue shall be as follows: Current Reduced Year Reduced FMV Equ. Rate Assessment Assessment 2016/17 $6,760,000 $6,760,000 100% $6,760,000 2017/18 $6,760,000 $6,760,000 100% $6,760,000 2018/19 $6,760,000 $5,600,000 100% $5,600,000 2019/20 $6,760,000 $5,600,000 100% $5,600,000 4. The Assessor and all other relevant officers and authorities of the relevant taxing jurisdictions are hereby authorized to make and correct this Attachment: Stipulation of Settlement Imp (RES-2020-105 : Authorizing The Settlement Of Tax Certiorari Imperial Improvements, LLC) Packet Pg. 39 8.2.a assessment(s) as outlined above on the appropriate books and records of each such jurisdiction. 5. Full refunds from the Town, Village, County and School District (including any overpayments for library taxes, fire district taxes and any other ad valorem levies) shall be paid to the Petitioner as a result of the reduced assessment set forth herein for the years at issue. Refund payments shall be paid within 30 days of the affected taxing jurisdictions receiving a demand for such refunds. Service of the demand on the School shall be sufficient for any library refunds and service on the Town and/or County shall be sufficient for any Town or County special district refunds (including fire districts, etc.). Refund checks shall be made payable to IMPERIAL IMPROVEMENTS, LLC and mailed to Speno MacLeod, PLLC, PO Box 152, Baldwinsville, New York 13027. Interest on said refunds shall be waived if all refunds are received within 30 days of service of the demand therefore. Any property tax delinquencies (including any interest and penalties accrued thereupon) for any of the years pending shall be recalculated based upon the reduced assessments above for such years. 6. RPTL 727 shall apply to this settlement to "freeze" the property's assessment at $5,600,000 on the 2020, 2021 and 2022 assessment rolls, regardless of revaluation, reassessment or update. 7. These proceedings shall be discontinued without prejudice upon entry of this Stipulation of Settlement and Judicial Order. Petitioner shall have the right to seek specific enforcement of the terms of this Stipulation of Settlement and Judicial Order and to otherwise enforce this Stipulation of Settlement and Judicial Order by whatever means provided by law. Attachment: Stipulation of Settlement Imp (RES-2020-105 : Authorizing The Settlement Of Tax Certiorari Imperial Improvements, LLC) Packet Pg. 40 8.2.a 8. This Stipulation of Settlement and Judicial Order shall not be construed proceedings or the parcels at issue. 9. This Stipulation of Settlement and Judicial Order shall be considered the and agreement between and among them. There shall be no modification of this Stipulation of Settlement and Judicial Order except by a subsequent writing signed by the authorized representatives of the Parties herein, and 10. The Parties authorize their attorneys to execute this Stipulation of and each signatory below affirms that they have the proper authority to so execute this Stipulation. 11. If any provision of this Stipulation of Settlement and Judicial Order shall be determined to be invalid, illegal, null or void, or unenforceable to any extent, the remainder of this Stipulation shall remain in effect to the fullest extent of the law. 12. This Court shall retain jurisdiction over this matter for the purposes of enforcing the terms of this Stipulation of Settlement and Judicial Order. 13. Electronic signatures and electronically-transmitted images of original signatures shall be deemed original signatures for the purposes of expediting the filing of this Stipulation of Settlement and Judicial Order. 14. This Stipulation of Settlement and Judicial Order may be executed in multiple counterparts including by means of facsimile, PDF/ADOBE e-mail, etc., each Attachment: Stipulation of Settlement Imp (RES-2020-105 : Authorizing The Settlement Of Tax Certiorari Imperial Improvements, LLC) Packet Pg. 41 8.2.a of which shall be deemed an original, but all of which together shall be considered and constitute one and the same instrument. 15. An executed copy of this Stipulation of Settlement and Judicial Order, shall be entered and docketed in the appropriate E-mail transmission of the Notice of Entry of this Stipulation of Settlement and Judicial Order to counsel shall be sufficient. DATED: __________ SPENO MACLEOD, PLLC By: ________________________________ Rebecca M. Speno, Esq. Kevin R. MacLeod, Esq. Attorneys for Petitioner PO Box 152 Baldwinsville, New York 13027 315.876.5297 DATED: __________ WALLACE & WALLACE, LLP By: ________________________________ Craig M. Wallace, Esq. Attorneys for the Respondents 85 Civic Center Plaza, Suite LL3 Poughkeepsie, New York 12601 845.473.0900 SO ORDERED AND ENTERED THIS _____________ DAY OF ___________, 2020. By: ___________________________________ Hon. James V. Brands, J.S.C. Attachment: Stipulation of Settlement Imp (RES-2020-105 : Authorizing The Settlement Of Tax Certiorari Imperial Improvements, LLC) Packet Pg. 42 8.3.a SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS --------------------------------------------------------------------------x MARSHALL 31, LLC, Petitioner, -against- CONSENT JUDGMENT TOWN OF WAPPINGERS ASSESSOR, TOWN OF WAPPINGERS BOARD OF Index No.: 2018-52303 ASSESSMENT REVIEW and the TOWN OF 2019-52786 WAPPINGERS, DUTCHESS COUNTY, NEW YORK, Respondents. To Review Real Property Assessments Pursuant to Article 7 of the Real Property Tax Law (2018-2019/2019/2020) --------------------------------------------------------------------------x Petitioner having heretofore served and filed a Notice of Petition and Petition to review assessments made by the Town of Wappingers for the assessment years 2018 and 2019 upon certain property located in the Town of Wappingers and designated as Tax Grid No. 135601- 6158-19-688002-0000 on the the tax maps and assessment rolls of the Town of Wappingers; and The issues of these proceedings having duly come before this Court, and the Petitioner having appeared by Dylan C. Harris, Esq., of Lewis & Greer, P.C., and the Respondents having appeared by Craig M. Wallace, Esq., of Wallace & Wallace LLP for the Town of Wappingers Assessor, Town of Wappingers Board of Assessment Review, and the Town of Wappingers, Dutchess County, New York and the parties having agreed to a settlement of this proceeding, it is ORDERED, ADJUDGED and DETERMINED that the assessments on the property designated as Grid Number 135601-6158-19-688002-0000 on the tax map and assessment Attachment: Marshall 31 Consent Judgment (RES-2020-106 : Authorizing The Settlement Of Tax Certiorari Proceedings for Marshall 31, LLC) Packet Pg. 43 8.3.a rolls of the Town of Wappingers for the assessment years 2018 and 2019 are hereby reduced, corrected and fixed for the assessment rolls as follows: AMOUNT OF ASSESSMENT ASSESSMENT REDUCED REDUCTION ROLL ASSESSMENT $3,952,000.00 $3,800,000.00 $152,000.00 2018 $3,952,000.00 $3,550,000.00 $402,000.00 2019 and, it is further ORDERED, ADJUDGED AND DECREED, that the officer or officers having custody of the aforesaid assessment rolls and the tax rolls of the Town of Wappingers shall make or cause to be made upon the proper books and records of said Town the entries, changes and corrections necessary to conform said assessments to such corrected and reduced valuations; and it is further ORDERED, ADJUDGED and DETERMINED that there shall be audited, allowed and paid to the Petitioner by the Town of Wappingers or the Dutchess County Commissioner of Finance, the amounts, if any, paid as Town and Town Special District taxes and any other ad valorem taxes, against the original assessments in excess of what said taxes would have been if the said assessments had been made as determined herein together with interest as provided by the respective laws of the State of New York provided, however, if said refund is paid by the Town of Wappingers within ninety (90) days of service upon the Town of Wappingers a copy of this Order together with a Demand for Payment said refund shall be paid without interest; and it is further ORDERED, ADJUDGED and DETERMINED, that there shall be audited, allowed and paid to the petitioner by the County of Dutchess the amounts, if any, paid as County and Attachment: Marshall 31 Consent Judgment (RES-2020-106 : Authorizing The Settlement Of Tax Certiorari Proceedings for Marshall 31, LLC) Packet Pg. 44 8.3.a County Special District taxes against the original assessments in excess of what said taxes would have been if said assessments had been made as determined herein together with interest as provided by the respective laws of the State of New York, provided, however, if said refund is paid by the County of Dutchess within ninety (90) days of service upon the County of a copy of this Order together with a Demand for Payment said refund shall be paid without interest; and it is further ORDERED, ADJUDGED and DETERMINED that there shall be audited, allowed and paid to the Petitioner by the Wappingers Central School District the amounts, if any, paid as School District taxes against the original assessments in excess of what said taxes would have been if said assessments had been made as determined herein together with interest as provided by the respective laws of the State of New York, provided, however, if said refund is paid by the Wappingers Central School District within ninety (90) days of service upon the School District of a copy of this Order together with a Demand for Payment said refund shall be paid without interest; and it is further ORDERED, ADJUDGED and DETERMINED that the refunds hereinabove directed to be paid shall by paid by check payable to the order of Lewis & Greer, P.C., as attorneys for Petitioner, who are to hold the proceeds as trust funds for appropriate distribution, and who are to remain subject to the further jurisdiction of this Court in regard to their attorneys' lien, pursuant to Judiciary Law §475, and it is further ORDERED, ADJUDGED and DETERMINED that this Order and Judgment hereby constitutes and represents full settlement of the tax review proceedings herein, and that there are no costs or disbursements awarded to, by, or against any party and that upon compliance with the terms of this Order and Judgment, the above proceedings shall be, and the same hereby are, settled and discontinued with prejudice. Attachment: Marshall 31 Consent Judgment (RES-2020-106 : Authorizing The Settlement Of Tax Certiorari Proceedings for Marshall 31, LLC) Packet Pg. 45 8.3.a ORDERED, ADJUDGED AND DIRECTED that the parties agree that N.Y. RPTL 727 shall apply to this settlement. HON. JAMES V. BRANDS, J.H.O. Signing and Entry of the within Order is hereby Consented to: LEWIS & GREER, P.C. Attorneys for Petitioner BY: ____________________________ Dylan C. Harris, Esq. Office Address 510 Haight Avenue, Suite 202 Poughkeepsie, New York 12603 Telephone: (845) 454-1200 WALLACE & WALLACE LLP Attorneys for Respondents BY: ______________________ Craig M. Wallace, Esq. Office Address 85 Civic Center Plaza, Suite LL3 Poughkeepsie, New York 12601 Telephone: (845) 473-0900 Attachment: Marshall 31 Consent Judgment (RES-2020-106 : Authorizing The Settlement Of Tax Certiorari Proceedings for Marshall 31, LLC) Packet Pg. 46 8.7.a Attachment: 2020-4-30 Padasana Court-AAH Road Acceptance (RES-2020-110 : Accepting Padasana Court And Related Easements For All Packet Pg. 47 8.7.a Attachment: 2020-4-30 Padasana Court-AAH Road Acceptance (RES-2020-110 : Accepting Padasana Court And Related Easements For All Packet Pg. 48 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 49 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 50 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 51 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 52 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 53 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 54 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 55 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 56 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 57 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 58 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 59 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 60 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 61 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 62 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 63 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 64 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 65 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 66 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 67 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 68 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 69 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 70 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 71 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 72 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 73 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 74 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 75 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 76 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 77 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 78 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 79 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 80 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 81 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 82 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 83 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 84 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 85 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 86 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 87 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 88 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 89 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 90 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 91 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 92 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 93 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 94 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 95 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 96 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 97 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 98 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 99 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 100 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 101 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 102 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 103 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 104 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 105 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 106 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 107 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 108 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 109 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 110 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 111 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 112 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 113 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 114 8.7.b Attachment: All Angels Heights Subdivision (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 115 8.7.c Attachment: All Angels Heights Maintenance Agreement for Roads (RES-2020-110 : Accepting Padasana Court And Related Easements For All Packet Pg. 116 8.7.d Attachment: 20200506-Padasana Crt Ltr (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 117 Attachment: Padasana Crt-Final As-built (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Subdivision) 8.7.e Packet Pg. 118