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2020-08-24 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ~ Minutes ~ Joseph Paoloni (845)297-5771 Monday, August 24, 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 Absent 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 Tim Moot Consultant Engineer Present 7:00 PM Jim Horan Consultant Attorney Present 7:00 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 2. Motion To: Acknowledge Minutes of Workshop 7/11/2020 and Regular Meeting 7/13/2020. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Town of Wappinger Page 1 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 IV.Supervisors Opening Comments Supervisor Thurston briefed the board on COVID19, Old Hopewell Road, and the Water systems. V.Comptrollers Financial Review Comptroller Fredrick Awino updated the financial condition of the town through July. The main change from the last review was the mortgage fees generated from refinancing. The budget value should be exceeded. Funding from NY State is still uncertain. A-Fund Revenue is at 79%. B-fund revenue is at 56%. DB-fund revenue is at 80%. A Fund Expenses are at 54%. Funding is expected from Tropical storm earlier in the year and COVID19 relief. Estimated balances at the end of the year are $1.1 million for the A fund, $4.8 million for the B Fund, and $1.7 million for the DB or Highway fund. A discussion continued regarding major expenses in the A-fund and from the Parkland Trust. VI. Public Hearings Resolution Introducing Local Law No. 3 Of 2020 Which Would Amend Chapter 240, Zoning, Chapter 217, Subdivision Of Land, Chapter 145, Go-Carts, And Chapter 122, Fees And Fines, Of The Town Code With Respect To A Variety Of Matters RESULT: ADJOURNED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina VII. Public Portion 1. Motion To: Open Public Portion Diane Lor of 5 Cloverdale Place appeared before the board to discuss signs for Rockingham Park needed to slow down traffic of those using the nearby soccer fields. She also asked for signs to address the problem of people who are not picking up after their dogs. Additionally, she would like the Rockingham Park issues to be on the agenda at the September 14th meeting. Mike Tremper of Camo pollution commented on the Tri-Municipal Upgrade. He said that the repairs proposed are very necessary. Town of Wappinger Page 2 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 RESULT:ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 2. Motion To: Close Public Portion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina VIII. Discussions 1. Earth Day Cleanup Historian Joey Cavaccini spoke on the postponed Earth Day. He suggested a town wide clean-up on September 12th, at 10:00 AM where groups would meet at town hall. These will only include town roads. Pick-up sticks will be provided by the highway department. This year's request were for cleanup on Old Post road, Widmer Road, Robinson lane, River Road and Diddell Road. CPL Engineering will provide T-Shirts. IX. Resolutions RESOLUTION: 2020-110 Resolution Accepting Padasana Court And Related Easements For All Angels Heights Subdivision Together With Maintenance Agreement Secured By Cash Deposit WHEREAS, westerly side of All Angels Hill Road, and WHEREAS, RJA HLD made application to the Town of Wappinger Planning Board to approve a subdivision of lands WHEREAS, the Town of Wappinger Planning Board granted Conditional Final Subdivision Plat Approval by Resolution dated November 17, 2014, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as shown on the aforesaid Plat as required by the Town of Wappinger Subdivision Regulations; and WHEREAS, the Plat was filed in the office of the Dutchess County Clerk on October 21, 2016 as Filed Map 11701B; and WHEREAS, by letter dated April 30, 2020, the Engineers to the Town have advised that the construction of Padasana Court and the related improvements have been completed; and Town of Wappinger Page 3 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 WHEREAS, pursuant to §214-43 of the Town of Wappinger Code, RJA HLD is required to post a highway construction guaranty in the form of a bond or performance guarantee in an amount equal to $104,937.08, which is 20% of the cost of construction, to be held for a period of three years to guarantee that any defects of the type described in §214-76(B) shall be cured; and WHEREAS, RJA HLD tendered to the Town of Wappinger a deed for the right of way for Padasana Court from R.J.A. HLD. INC. together with the associated transfer documents all in recordable form and approved by the Attorney to the Town, James P. Horan, Esq.; and WHEREAS, the Superintendent of Town Highways and the Engineer to the Town have recommended that the Town Board accept Padasana Court as a town; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger to accept Padasana Court as a Town Highway together with the drainage facilities and other public improvements located in the highway right of way, except those specifically excepted by the subdivision plat. 2. The Town Board hereby accepts a maintenance bond in the amount of $104,937.08 as a highway construction guaranty in accordance with §214-43 of the Town of Wappinger Code which shall be held for a period of three years to guarantee that any defects of the type described in §214-76(B) shall be cured. 3. The Maintenance Agreement executed by RJA HLD, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guarantee that the quality and workmanship of the road and other public improvements will be free from defects in materials and workmanship for a period of three years from the date of acceptance by the Town as required by §214-43. 4. This acceptance is expressly conditioned upon RJA HLD delivering the right of way and the public improvements to the Town free and clear of any liens or encumbrances, and upon payment by RJA HLD of all outstanding fees and escrow reimbursements due to the Town. 5. The Town Supervisor and the Attorney to the Town are authorized to execute any and all documents necessary for the recording of the deed and easements from RJA HLD. 6. The Attorney to the Town is directed to cause the deed and easements to be filed in the property records of the Dutchess County Clerk. 7. Upon its return from the County Clerk, the Town Clerk is directed to file the deed for the town highway in his files as required by Highway Law §171(1). 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: 9/14/20 7:00 PM Al Casella Mover Dated: Wappingers Falls, New York August 24, 2020 The Resolution is hereby duly declared Tabled. RESOLUTION: 2020-126 Resolution Adopting Local Law No. 3 Of 2020 Which Would Amend Chapter 240, Zoning, Chapter 217, Subdivision Of Land, Chapter 145, Go-Carts, And Chapter 122, Fees And Town of Wappinger Page 4 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 Fines, Of The Town Code With Respect To A Variety Of Matters WHEREAS, the Town Board is considering the adoption of Local Law No. 3 of 2020 which would amend Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 145, Go-Carts, and ; and WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on July 13, 2020 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 145, Go-Carts, and Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters; and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, on July 13, 2020 and pursuant to the State Environmental Quality Review Act regulations, the Town Board adopted a Negative Declaration, thereby finding that the Proposed Action will not result in any significant adverse environmental impacts, that a Draft Environmental Impact Statement will not be required, and that the SEQRA process is complete; and WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; and WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, the Town Board has given due consideration to the comments of the Town Planning Board and the DCDPD; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. Town of Wappinger Page 5 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 2. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law, and the Town Board hereby adopts Local Law No. 3 of 2020, a copy of which is attached hereto and made a part of this Resolution; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter, is to remain in full force and effect. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-126 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 Mover Next: 9/14/20 7:00 PM Al Casella Seconder Dated: Wappingers Falls, New York August 24, 2020 The Resolution is hereby duly declared Tabled. RESOLUTION: 2020-135 Resolution Ratifying The Execution Of Dog Control Housing Agreement With Dutchess County SPCA WHEREAS, the Town Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law §118; and WHEREAS, pursuant to Agriculture and Markets Law §118 (3), dogs seized by the Town Dog Control Officer are required to be properly sheltered, fed and watered during the redemption period; and WHEREAS, the Dutchess County Society for the Prevention of Cruelty to Animals (hereinafter DCSPCA) maintains a kennel for boarding of dogs and other animals at its office located at 636 Violet Avenue, Hyde Park, New York 12538; and WHEREAS, the Town has previously contracted with DCSPCA to provide shelter for dogs seized by the Dog Control Officer, which Agreement has expired; and WHEREAS, the Town Board wishes to renew the Dog Control Housing Agreement with DCSPCA to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town; and WHEREAS, DCSPCA has presented to the Town a Dog Control Housing Agreement, a copy of which is annexed hereto; and WHEREAS, the Town determines that it is in the best interest of the Town to enter into execution of the Dog Control Housing Agreement. Town of Wappinger Page 6 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the Dog Control Housing Agreement, in the form annexed hereto, and hereby ratifies the retroactive to January 1, 2020; and be it further RESOLVED, that the Town Clerk is hereby directed to forward a copy of the Agreement to the DCSPCA along with a certified copy of this Resolution. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-135 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Al Casella Seconder Dated: Wappingers Falls, New York August 24, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-136 Resolution Authorizing The Inclusion Of Inserts With The 2020/2021 School Tax Bill Mailing WHEREAS, Real Property Tax Law Section 922 (1) (d) authorizes the Town Board to adopt a Resolution to include inserts in a tax bill mailing, and WHEREAS, said insert may include the amount of tax due, a summary of adopted budget and explanation of the computation, and WHEREAS, it is important for Town of Wappinger residents to be informed of such budget information. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board authorizes and directs the Receiver of Taxes to include said informational insert with the 2020/2021 Wappinger Central School District tax bill mailing. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-136 Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended Richard Thurston Voter Defeated William H. Beale Mover Tabled Town of Wappinger Page 7 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 Withdrawn Angela Bettina Voter Christopher PhillipsVoter Al Casella Seconder Dated: Wappingers Falls, New York August 24, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-137 Resolution Appointing Maintenance Laborers In Buildings And Grounds Department WHEREAS, in its 2020 Budget, the Town Board funded Full-Time Maintenance Laborer positions in the Buildings and Grounds Department to assist with the repairs and maintenance of Town Buildings and Grounds; and WHEREAS, the Supervisor of Buildings recommends the appointment of two Maintenance Laborers. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints William Galbraith as Maintenance Laborer who shall be compensated at $18.00 per hour out of budget line A.7110.01130. 2. The Town Board hereby appoints Donald Mitchell as Maintenance Laborer who shall be compensated at $18.00 per hour out of budget line A.7110.01140. 3. The above appointments are 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. 4. The above appointments are 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. 5. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-137 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Al Casella Seconder Dated: Wappingers Falls, New York August 24, 2020 Town of Wappinger Page 8 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 The Resolution is hereby duly declared Adopted as Amended. RESOLUTION: 2020-138 Resolution Scheduling Town Board Meetings To Adopt Budgets For Fiscal Year 2021 WHEREAS, the Town Supervisor, as Budget Officer, pursuant to § 106 of the Town Law, must prepare the Tentative Budget for the Town of Wappinger for delivery the Town Board for review, examination and possible revision; and WHEREAS, Town Law §106 requires the Budget Officer of the Town to submit the Tentative Budget to the Town Clerk on or before September 30; and WHEREAS, Town Law §106(3) requires the Town Clerk to deliver the Tentative Budget to the Town Board at a regular meeting on or before October 5; and WHEREAS, New York State Town Law § 108 requires that the Town Board must hold a public hearing on the Preliminary Budget on or before the Thursday immediately following the general election in November; and WHEREAS, Town Law requires the adoption of a Final Budget on or before November 20, 2020; and WHEREAS, in order to accomplish the Budget Adoption Schedule set forth in Article 8 of the Town Law, the Town Board hereby establishes the following tentative schedule of Town Board Meetings set forth below, reserving unto itself the right to change the scheduled meetings if circumstances require. NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby schedules the following meetings of the Town Board to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, commencing at 7:30 p.m. on the following dates for the purpose of examining, discussing, deliberating and adopting the Town Budget for fiscal year 2021, reserving unto itself the right to change the scheduled meetings if circumstances require. Regular Town Board Meeting September 28, 2020 Adopt Resolution Accepting Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2021 and Setting a Public Hearing on October 26, 2020 to Hear Any Objections Thereto; Adopt Resolution Setting Public Hearing for October 26, 2020 on the Proposed O&M Charges, and Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2021 and to Hear Any Objections Thereto; Special Town Board Meeting (Thurs., Oct. 1, Fri., Oct. 2 or Mon., Oct. 5), 2020 Town Clerk to deliver Tentative Budget to the Town Board in accordance with Town Law § 106; Town of Wappinger Page 9 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 Regular Town Board Meeting Tuesday, October 13, 2020 (Monday is Columbus Day) Budget Discussions Regarding the following departments: Water and Sewer Districts and Improvement Areas Drainage Districts Highway Buildings and Grounds; Recreation, Parks and Senior Center Regular Town Board Meeting Monday, October 26, 2020 Open Public Hearing on Proposed Benefit Assessment Rolls for Special Improvements and Special Improvement Areas; Adopt Final Benefit Assessment Rolls for Special Improvements and Special Improvement Areas; Open Public Hearing for Budgets for Operation and Maintenance Charges, Water Rates and Sewer Rents for Special Improvement Districts and Special Improvement Areas; Adopt O&M Charges and Water/Sewer Rates and Rents for Special Improvement Districts/Improvement Areas for Fiscal Year 2021; Budget Discussions Regarding the following departments: Supervisor and Town Board Accounting Code Enforcement Justice Court Tax Receiver Assessor Town Clerk Animal Control Adopt Preliminary Budget for Fiscal Year 2020 and Schedule Public Hearing on Preliminary Budget for November 9, 2020; Regular Town Board Meeting Monday, November 9, 2020 Open Public Hearing on Preliminary Town Budget; Adopt Annual Budget for Fiscal Year 2021. May be adjourned until November 20, 2020. BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to provide notice to the public of the meetings established by this Resolution in accordance with Town Law, the Town of Wappinger Code and the Rules of Procedure of this Board. The Town Clerk is further directed to post this Resolution, together with all Notices of Public Hearings on the sign board maintained Town of Wappinger Page 10 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-138 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Mover Dated: Wappingers Falls, New York August 24, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-139 Resolution Authorizing Change Order No. 2 To Contract # 19-001 For Chelsea Service Line Connections And Road Repaving The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-139 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Al Casella Seconder Dated: Wappingers Falls, New York August 24, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-140 Resolution Awarding Contract For Hilltop Well Connection WHEREAS, the Town Board authorized the Engineer to the Town to prepare bid specifications and contract documents for the Hilltop Well Connection Project; and WHEREAS, the Engineer to the Town prepared the necessary specification and bids were duly advertised and solicited for the work to be done; and WHEREAS, on August 12, 2020, the Town Clerk publicly opened the bids and the following bids were received: OCS Industries, Inc. $427,069 Sun Up Construction Corp. $438,000 Ben Ciccone, Inc. $454,855 Meyer Contracting Corp. $484,700 Town of Wappinger Page 11 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 Eventus Construction Company, Inc. $549,000 WHEREAS, by letter dated August 19, 2020, the Engineers to the Town advised that it had investigated the contracting history of OCS Industries, Inc. and determined that it is a responsible bidder; and WHEREAS, the Engineer to the Town recommends that the Town Board should award the contract to OCS Industries, Inc. in the amount of $427,069 all as set forth in the aforementioned recommendation letter, a copy of which is affixed hereto. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby awards the contract for Hilltop Well Connection to OCS Industries, Inc., 327 Mill Street, Poughkeepsie, New York 12601, in the amount of $427,069.00; and BE IT FURTHER RESOLVED, that in accordance with the authorized bid specifications, the Town Board hereby authorizes the Supervisor to execute the contract documents as prepared by the Engineers to the Town including the Notice of Award and Notice to Proceed and forward a copy to OCS Industries, Inc., after the Attorney to the Town has confirmed that OCS Industries, Inc. has duly executed the contract documents, has supplied the necessary Performance Bond, Payment Bond and provided insurance certificates as required by the bid specifications. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-140 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 August 24, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-141 Resolution Authorizing Engineering Services Agreement For Uwwd Interconnection With Village Of Wappingers Falls WHEREAS, the Town of Wappinger and the Village of Wappingers Falls have investigated the feasibility of an interconnection between the two municipal water systems to provide redundancy in the case of an emergency; and WHEREAS, the Town and the Village are seeking funding from the NYS EFC Intermunicipal Water Infrastructure Grants Program (IMG) which requires a separate contract for professional services funded by the grant; and familiar with the United Wappinger District and are duly licensed engineers in the State of New York; and WHEREAS, the Town Board has determined that it is in the best interest of the United Wappinger Water District and the Town to retain the services of CPL to provide engineering services for the project; Town of Wappinger Page 12 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Engineers Services Agreement in the form attached hereto; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Supervisor to execute the Engineers Services Agreement with CPL and to deliver a copy of the same to CPL. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-141 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Mover Withdrawn Al Casella Voter Dated: Wappingers Falls, New York August 24, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-142 Resolution Authorizing Water Tenancy Agreement For SAZ, LLC WHEREAS, SAZ, LLC owns a multifamily property at 92-96 Old Post Road in the Town of Wappinger which has private wells that do not meet NYS Drinking Water standards and an alternate source of water is required; and WHEREAS, SAZ, LLC has requested to enter into a tenancy agreement for the supply of water from the United Wappinger Water District as well as extensions of the United Wappinger Water District and United Wappinger Sewer District to serve its property; and Environmental Quality Review Act (SEQRA) in 6 NYCRR Part 617.4; and WHEREAS, Part I of a Short Environmental Assessment Form (SEAF) has been completed for the project, and has been circulated to all Interested and Involved Agencies for purposes of establishing 617.6(b); and WHEREAS, NYS DEC has consented to the Town Board of the Town of Wappinger serving as lead agency and no other involved agency has responded and more than 30 days has been elapsed since the circulation; and Part 1 for the Project and caused to be prepared Parts 2 and 3 of the SEAF; and WHEREAS, the Attorneys to the Town have negotiated a Water Tenancy Agreement with the attorneys for SAZ, LLC to supply water to the property; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines that: 1) It is the lead agency for purposes of SEQR review. 2) It has considered the Project, reviewed all parts of the SEAF, reviewed the criteria set forth in 6 NYCRR section 617.7(c), thoroughly analyzed the relevant areas of potential environmental concern, and has duly considered all of the potential project environmental impacts and their magnitude in connection with the proposed action. Town of Wappinger Page 13 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 3)The connection of the SAZ, LLC property to the United Wappinger Water District Water Supply System will not result in any large and important environmental impacts, and, therefore, is one which will not have a significant impact on the environment. 4) The reasons supporting this determination are set forth on the attached Part 3 of SEAF. 5) The Town Board, as Lead Agency with reference to the above-described project, hereby: a. adopts a negative declaration pursuant to 6 NYCRR section 617.7 with respect to the project, b. authorizes the Supervisor of the Town of Wappinger to sign a negative declaration determination of non-significance with respect to the project, c. directs the Town Clerk to file a copy of said negative declaration determination of non-significance in the records of the Town. 6) The Town Board hereby approves the Water Tenancy Agreement with SAZ, LLC. 7) The Town Board hereby authorizes and directs a majority of the Town Board to sign the Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11). 8) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-142 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 August 24, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-143 Resolution Authorizing Agreement For Temporary Emergency Water Connection To Montclair Townhouse Condominium WHEREAS, MONTCLAIR TOWNHOUSE CONDOMINIUM has wells that are not producing sufficient water to supply potable water for its residents and potable water is being trucked in; and WHEREAS, the public water supply for Montclair Condominiums supplies potable water to approximately 1100 residents through 296 service connections; and WHEREAS, the Montclair Condominiums abut certain parcels of Town owned property in the United Wappinger Water District located on Amherst Lane; and WHEREAS, Montclair Condominiums desires to make a temporary water connection to the United Wappinger Water District across the Town parcel to a hydrant located on Amherst Lane; and WHEREAS, the lack of potable water for 1100 residents creates an imminent need that must be addressed on an emergency basis; and WHEREAS, the Dutchess County Department of Behavioral & Community Health has directed Montclair Condominiums to devise an action plan to cure the water supply deficiency; and WHEREAS, the United Wappinger Water District has sufficient capacity to supply the water to Montclair Condominiums; Town of Wappinger Page 14 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 NOW, THEREFORE, BE IT RESOLVED, that: 1) The Town Board hereby approves the Temporary Emergency Water Tenancy Agreement with Montclair Condominiums. 2) The Town Board hereby authorizes and directs a majority of the Town Board to sign the Temporary Emergency Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11). 3) The Town Board hereby directs that a copy of the executed Temporary Emergency Water Tenancy Agreement be filed in the records of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-143 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Mover Dated: Wappingers Falls, New York August 24, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-144 Resolution Authorizing Water Tenancy Agreement For Silvestri WHEREAS, George Silvestri owns a single family residence at 87 Old Hopewell Road in the Town of Wappinger which has a private well that does not meet NYS Drinking Water standards and an alternate source of water is required; and WHEREAS, Silvestri has requested to enter into a tenancy agreement for the supply of water from the United Wappinger Water District; and WHEREAS, the supply of water to a single family residence is a Type II Action pursuant to 6 NYCRR §617.5(c)(11); and WHEREAS, the Attorneys to the Town have prepared a Water Tenancy Agreement to supply water to the Silvestri property; and WHEREAS, the United Wappinger Water District has sufficient capacity to supply the water to the Silvestri property; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines that: 1) The Town Board hereby approves the Water Tenancy Agreement with George Silvestri. Town of Wappinger Page 15 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 2)The Town Board hereby authorizes and directs a majority of the Town Board to sign the Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11). 3) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-144 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Al Casella Seconder Dated: Wappingers Falls, New York August 24, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-145 In The Matter Of The Increase And Improvement Of The Facilities Of The United Wappinger Water District, In The Town Of Wappinger, Dutchess County, New York (Interconnection With Village) WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, directed the Engineers to the Town to prepare a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, booster pump station building with booster pumps, check valves, water meter and chlorine boosting components to allow flow from the Village of Wappingers Falls to the UWWD. The proposed UWWD improvements also include an e of Wappingers Falls distribution main located on North Meiser Avenue to the Woodhill Green Condominiums with a booster pump and meter vault, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $2,634,000; and WHEREAS, the Town Board has received and reviewed the map, plan and report prepared by CPL which was last revised August 3, 2020 and the Town Board finds that it complies with the requirements of Article 12 of the Town Law; and WHEREAS, the cost of construction includes excess capacity in accordance with Town Law §192-a which may be used by adjacent areas that may be served by the Water District facilities in the future and shall be originally constructed as a Town charge; and WHEREAS, the Town of Wappinger has applied for and received certain grants in aid to reduce the costs of construction; and Town of Wappinger Page 16 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 WHEREAS, said capital project has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA"), the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects and the documentation relating to SEQRA is available in the office of the Town Clerk for inspection during normal office hours; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Water District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1. A public hearing will be held in the Town Hall, 20 Middlebush Road, in Wappingers Falls, the question of the increase and improvement of the facilities of United Wappinger Water District in the Town of Wappinger, Dutchess County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-145 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Mover Withdrawn Al Casella Voter Dated: Wappingers Falls, New York August 24, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-146 In The Matter Of The Increase And Improvement Of The Facilities Of The United Town of Wappinger Page 17 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 Wappinger Sewer District, In The Town Of Wappinger, Dutchess County, New York (Tri- Municipal Upgrades) WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, directed the Engineers to the Town to prepare a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, outfall at the Tri Municipal Sewer Treatment Plan, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $4,381,000; and WHEREAS, the Town Board has received and reviewed the map, plan and report prepared by CPL which was last revised August 12, 2020 and the Town Board finds that it complies with the requirements of Article 12 of the Town Law; and WHEREAS, the Town of Wappinger has applied for certain grants in aid to reduce the costs of construction; and WHEREAS, the Town Board determines that the capital project is a Type II Action pursuant to 6 NYCRR § 617.5(c)(2) as it is the replacement, rehabilitation or reconstruction of facility, in kind, on the same site and as such is not subject to review under the State Environmental Quality Review Act WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Sewer District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1. The Town Board hereby determines that the capital project is a Type II Action pursuant to 6 NYCRR § 617.5(c)(2) as it is the replacement, rehabilitation or reconstruction of facility, in kind, on the same site and as such is not subject to review under the State Environmental 2. A public hearing will be held in the Town Hall, 20 Middlebush Road, in Wappingers Falls, the question of the increase and improvement of the facilities of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. 3. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. 4. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Town of Wappinger Page 18 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 5. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-146 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Al Casella Seconder Dated: Wappingers Falls, New York August 24, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-147 Existing Provisions In Their Entirety And Adding New Provision WHEREAS, the Town Board finds that it is in the best interests of the residents of the Town of Wappinger to preserve the health, safety and welfare of the residents of the Town of Wappinger and to protect and preserve the quality of the parks and recreational areas of the Town of Wappinger so as to enjoy to the fullest extent possible the parks and recreational areas of the Town of Wappinger; and WHEREAS, in light of the recent vandalism and destruction of Town parks and recreational areas, the Town Board finds that there is a need for stricter rules and regulations and the posting and enforcement of those rules and regulations; and WHEREAS, this is a Type II action pursuant to 6 NYCRR § 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby introduces for adoption Local Law No. 4 of the Year 2020 in the form annexed hereto; and BE IT FURTHER RESOLVED, that the Town Board determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to 6 NYCRR Part 617; and BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No. 4 of the Year 2020 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 28th day of September, 2020, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 19 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 Vote Record - Resolution RES-2020-147 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Mover Dated: Wappingers Falls, New York August 24, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-148 Resolution Authorizing Intermunicipal Agreement With The Town Of East Fishkill For Joint Human Resources Manager WHEREAS, the Town of Wappinger and the Town of East Fishkill are in need of an experienced person to handle the human resources needs of the municipalities; and WHEREAS, the Towns believe that the most efficient way to meet the human resources demands of the Towns is to share a qualified employee between the two Towns; and WHEREAS, these two municipalities are empowered to enter into a municipal cooperative agreement with respect to sharing the position of Human Resources Manager; and WHEREAS, the Towns have negotiated an Intermunicipal Cooperative Agreement for the creation of the position and share the costs of the employee, a copy of which is attached herewith; NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Wappinger hereby authorizes the MUNICIPAL COOPERATION AGREEMENT FOR JOINT HUMAN RESOURCES MANAGER in the form attached hereto; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Supervisor to execute the Municipal Cooperation Agreement on behalf of the Town and to deliver a copy of the same to the Town Clerk of the Town of East Fishkill together with a copy of this resolution certified by the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-148 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Al Casella Seconder Dated: Wappingers Falls, New York August 24, 2020 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 20 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 RESOLUTION: 2020-149 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-149 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Mover Withdrawn Al Casella Voter Dated: Wappingers Falls, New York August 24, 2020 The Resolution is hereby duly declared Adopted. X.Items for Special Consideration/New Business Councilman Casella addressed the quotes on the play equipment at Rockingham Park. The amount would be $29,459.16 Al Chris 1. Motion To: Spend $29,459 for Playground Equipment at Rockingham Park. Councilman Casella addressed the quotes on the playground equipment at Rockingham Park. The amount would be $29,459.16 off the state bid. No documents were given to the Town Clerk Town of Wappinger Page 21 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 for publishing in these minutes. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 2. Motion To: Spend $5,162 for Landscaping Costs at the EMS Building and Town Hall by Lehigh Landscaping Councilman Beale recommended landscaping beautification fixes at the EMS building and Town Hall. He suggested a variety of fixes for Lehigh Landscaping to accomplish for a total cost of $5,162 out of A1990.402. No supporting documentation nor bid information was given to the Town Clerk for filing in these minutes. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 3. Motion To: Replace Basketbal Backboard and Hoop at the Card Road Basketball Court No supporting documentation nor bid information was given to the Town Clerk for filing in these minutes. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Richard Thurston, Supervisor SECONDER: Al Casella, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 4. Motion To: Increase Line item A1990.402 by $14,440 out of A Fund Balance This is a result of paying for the Carnwath doors which depleted the line item A1990.402 RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Town of Wappinger Page 22 Printed 9/10/2020 Regular MeetingMinutesAugust 24, 2020 XI.Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 2. Motion To: Return From Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina XII. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 10:23 PM. ____________________ Joseph P. Paoloni Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Town of Wappinger Page 23 Printed 9/10/2020 9.2.a Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees & Fines) Packet Pg. 24 9.2.a Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees & Fines) Packet Pg. 25 9.2.a ToDate #pgs Dutchess County Department of Co./Dept.From Only Planning and Development Fax Info Fax #Phone # 239 Planning/Zoning Referral - Exemption Communities Municipality:Town of Wappinger Referring Agency: Municipal Board Tax Parcel Numbers(s): 0088350000, 9968420000, 9878520000, 9598700000, 9488750000, 9609030000, 9658930000, 9739120000, 9768920000, 9778840000, 9898930000, 9918750000, 0108600000, 0328720000, 0278800000, 0178910000... Project Name: Local law 2 of 2020 - several code changes and rezonings Applicant:Town of Wappinger Address of Property: Exempt Actions:*Actions Requiring 239 Review Parcels within 500 feet of: 239 Review is NOT Required Comprehensive/Master Plans State Road: Administrative Amendments (fees, Zoning Amendments (standards, uses, procedures, penalties, etc.) County Road: definitions, district regulations, etc.) Special Permits for residential uses Rezonings involving all map changes State Property (with recreation area (accessory apts, home occupations, or public building) etc.) Site Plans (all) County Property (with recreation Use Variances for residential uses area or public building) Special Permits for all non-residential uses Please Fill in this section Area Variances for residential uses Municipal Boundary Use Variances for all non-residential uses Renewals/Extension of Site Plans or Farm operation in an Agricultural Special Permits that have no changes District Area Variances for all non-residential uses from previous approvals No Authority to review these Actions Other Local Laws associated with zoning Subdivisions / Lot Line Adjustments (wetlands, historic preservation, affordable housing, architectural review, etc.) Interpretations Other (Describe): Exempt Action submitted for informal review Date Response Requested: 7/8/2020 Entered By: Tuttle, Dylan *These actions are only exempt in municipalities that signed an intermunicipal agreemment with Dutchess County to that effect.* For County Office Use Only Response From Dutchess County Department of Planning and Development No Comments:Comments Attached: Matter of Local ConcernLocal Concern with Comments No JurisdictionConditional No AuthorityDenial WithdrawnIncomplete with Comments- municipality must resubmit to County Informal Comments Only (Action Exempt from 239 Review) Incomplete - municipality must resubmit to County Exempt from 239 Review None Date Submitted:6/15/2020 Notes: Major Project Date Received:6/18/2020 Referral #: ZR20-142 Date Requested:7/8/2020 Date Required:7/15/2020 Also mailed Reviewer: hard copy Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees & Fines) Date Transmitted:7/9/2020 Date Printed: 7/9/2020 Packet Pg. 26 9.3.a Attachment: Fully Signed 2020 Agreement (RES-2020-135 : Resolution Ratifying The Execution Of Dog Control Housing Agreement With Packet Pg. 27 9.3.a Attachment: Fully Signed 2020 Agreement (RES-2020-135 : Resolution Ratifying The Execution Of Dog Control Housing Agreement With Packet Pg. 28 9.3.a Attachment: Fully Signed 2020 Agreement (RES-2020-135 : Resolution Ratifying The Execution Of Dog Control Housing Agreement With Packet Pg. 29 9.3.a Attachment: Fully Signed 2020 Agreement (RES-2020-135 : Resolution Ratifying The Execution Of Dog Control Housing Agreement With Packet Pg. 30 9.3.a Attachment: Fully Signed 2020 Agreement (RES-2020-135 : Resolution Ratifying The Execution Of Dog Control Housing Agreement With Packet Pg. 31 9.3.a Attachment: Fully Signed 2020 Agreement (RES-2020-135 : Resolution Ratifying The Execution Of Dog Control Housing Agreement With Packet Pg. 32 9.4.a G ET T O K NOW W HERE Y OUR T AXES G O (Residential) - (Commercial) - - Attachment: Tax Rate Chart (RES-2020-136 : Resolution Authorizing The Inclusion Of Inserts With The 2020/2021 School Tax Bill Mailing) Packet Pg. 33 9.4.b G ET T O K NOW W HERE Y OUR T AXES G O (Residential) Homestead Tax Rate for Village Residents (Commercial) Non Homestead Tax Rate for Village Residents - Attachment: Tax Rate Chart for the Village People (RES-2020-136 : Resolution Authorizing The Inclusion Of Inserts With The 2020/2021 School Packet Pg. 34 9.6.a August 24, 2020 Via Email Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attn: Hon. Richard L. Thurston, Supervisor & Town Board Members Re: Budget Resolutions for Fiscal Year 2021 Resolutions for Special Improvement Areas/Districts Assessment Rolls Resolutions for Special District O&M Charges and/or Rents Dear Supervisor Thurston & Board Members: Enclosed is a Resolution to schedule the meetings and public hearings for the adoption of the 2021 Budget. The following is a brief summary of the budget adoption process. Resolutions and public hearing notices will be submitted at later dates. Scheduling: 1. Resolution Scheduling Town Board Meetings to Adopt Budgets for Fiscal Year 2021; to be adopted at the August 24, 2020 Regular Town Board meeting; any legal notices have to be published in both Southern Dutchess News and the Poughkeepsie Journal (notices to Southern Dutchess News must be received by Southern Dutchess News by the Friday preceding the Wednesday publication); Special Improvement District/Improvement Area Budgets Establishing Benefit Assessment Rolls: 2. Resolution Accepting Proposed Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2021 and Setting a Public Hearing to Hear Any Objections Thereto Adopt Resolution on September 28, 2020 Accepting Benefit Assessment Rolls and scheduling Public Hearing; Attachment: Letter 2020-08-24 to Town Board re 2021 Budget Resolutions (RES-2020-138 : Resolution Scheduling Town Board Meetings To Packet Pg. 35 9.6.a Page | 2 Public Hearing for objection or comment on benefit assessment rolls scheduled for Monday, October 26, 2020 at 7:30 pm; Publication of Public Hearing Notice must be not less than 10 nor more than 20 days prior to the Public Hearing pursuant to Town Law 239); Notice of Public Hearing must be published in Poughkeepsie Journal on October 14, 2020 and Southern Dutchess News on October 14, 2020; Notice of Public Hearing must be sent to Southern Dutchess News and Poughkeepsie Journal on or before Friday, October 9, 2020 for Publication on October 14, 2020; If possible, the Notice of Public Hearing for the Special Improvement Districts and Improvement Areas could be sent with the Water and Sewer Quarterly Billings. 3. Resolution Adopting Final Benefit Assessment Rolls for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2021; The schedule for adoption is on Monday, October 26, 2020 after Public Hearing, but it can be put over as circumstances dictate. There is no publication requirement for this Resolution. Establishing Operation & Maintenance Budgets and Charges: 4. Resolution Setting Public Hearing on the Proposed O&M Charges, Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2020 and to Hear Any Objections Thereto; Resolution Setting Public Hearing scheduled for adoption on Monday, September 28, 2020; Public Hearing scheduled for Monday, October 26, 2020 at 7:30 pm; Publication of Public Hearing Notice is the same as 3 above. Post cards may be sent to individual customers notifying them of the public hearing. This has been done in the past but is not required by law. Inserts in the water & sewer bills are another option. 5. Public Hearing to Hear Any Objections to the Proposed O&M Charges, Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement Areas for Fiscal Year 2021; Public Hearing scheduled for Monday, October 26, 2020 at 7:30 pm; Public has the right to object to the proposed water and sewer rates for the upcoming year. 6. Resolution Adopting O&M Charges and Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas; Scheduled for adoption on October 26, 2020 but may be adjourned; Attachment: Letter 2020-08-24 to Town Board re 2021 Budget Resolutions (RES-2020-138 : Resolution Scheduling Town Board Meetings To Packet Pg. 36 9.6.a Page | 3 Must be adopted no later than November 20, 2020 and prior to adoption of annual budget. Preliminary and Final Budget: Town Law § 106 requires the Supervisor to submit the Tentative Budget to the Town Clerk on or before September 30. Town Law § 106(3) requires that the Town Clerk deliver the Tentative Budget to the Town Board on or before October 5 at a regular or special meeting of the Town Board. 7. Delivery of Tentative Budget to Town Board by Town Clerk Monday, October 5, 2020 at 7:30 p.m. at Special Meeting. (No Resolution required); 8. Resolution Approving Preliminary Budget for Fiscal Year 2020 and Directing a Public Hearing Thereon; Public Hearing Notice on Preliminary Budget must include the salary of the Elected Officials. Resolution adopting Preliminary Budget scheduled for adoption on Monday, October 26, 2020; Public Hearing for Preliminary Budget scheduled for Monday, November 9, 2020 at 7:30 pm; Notice of Public Hearing to be published in the Poughkeepsie Journal before November 3, 2020 and in the Southern Dutchess News on November 4, 2020; Notice of Public Hearing on Preliminary Budget must be published at least 5 days before the Public Hearing must coordinate with publication dates of Southern Dutchess News. Public Hearing Notice must be delivered to Southern Dutchess News on or before October 30, 2020 for publication on November 4, 2020. The Public Hearing Notice should be delivered to the Poughkeepsie Journal for publication as early as possible but in no event on or before November 3, 2020. 10. Public Hearing on Preliminary Budget (tentatively Monday, November 9, 2020 at 7:30 pm); Public Hearing may be adjourned by the Town Board however, the Budget must be adopted on or before November 20, 2018; 11. Resolution Adopting Annual Budget; May be adopted after Public Hearing on November 9, 2020; Must be adopted no later than November 20, 2020; Local Law to Override Tax Cap: If the Town Board determines it will be necessary to exceed the 2% Tax Cap a Local Law authorizing the exceedance will need to be adopted before the 2021 budget is adopted. The local law process takes some time so the local law would have to be introduced at a meeting in October if needed. Attachment: Letter 2020-08-24 to Town Board re 2021 Budget Resolutions (RES-2020-138 : Resolution Scheduling Town Board Meetings To Packet Pg. 37 9.6.a Page| 4 Please contact me if anyone has any questions. Very truly yours, WALLACE & WALLACE, LLP JPH/sao Enclosures cc: Hon. Joseph P. Paoloni, Town Clerk (w/enc.) Fredrick Awino, Town Accountant (w/enc.) Christian Harkins, Town Assessor (w/enc.) Attachment: Letter 2020-08-24 to Town Board re 2021 Budget Resolutions (RES-2020-138 : Resolution Scheduling Town Board Meetings To Packet Pg. 38 9.7.a Attachment: 20 08 04 CO 2 Signed (RES-2020-139 : Authorizing Change Order #2 To Contract #19-001 For Chelsea Service Line Connections & Packet Pg. 39 9.7.b ‘5 /ŷĻƌƭĻğ {ĻƩǝźĭĻ \[źƓĻ /ƚƓƓĻĭƷźƚƓ ğƓķ wƚğķ wĻƦğǝźƓŭ {ĻƩǝźĭĻ ğķķĻķ ğŅƷĻƩ Ĭźķ /ƚƭƷ 9ƭƷźƒğƷĻ 42 Skytop ƓźƷ tƩźĭĻ9ǣƷĻƓķĻķ Њδ ƌǝͲ .CtͲ aĻƷĻƩЊυ ЊͲЊЌЎ͵ЉЉυ ЊͲЊЌЎ͵ЉЉ LƓĭƩĻğƭĻ źƓ Њδ ƌǝͲ .CtͲ aĻƷĻƩ Њδ ƦźƦźƓŭЏЋЉυ АВ͵ЉЉυ ЍБͲВБЉ͵ЉЉŅƩƚƒ ƚƩźŭźƓğƌ ĭƚƓƷƩğĭƷ ķǒĻ Ʒƚ 5źƭĭƚƓ͵ LƓƭƷğƌƌ źƓ ĬƌķŭЊυ ЍͲБЉЉ͵ЉЉυ ЍͲБЉЉ͵ЉЉźƓĭƩĻğƭĻķ ƒĻƷĻƩ ƦƩźĭźƓŭ ŅƩƚƒ 5ƩźǝĻǞğǤ wĻƭƷƚƩĻЊυ Ώυ Ώ ƚǞƓ ƚŅ ‘ğƦƦźƓŭĻƩƭ Sub-Total$ 54,915.00 Bond (2%)$ 1,098.30 Grand Total$ 56,013.30 44 Skytop Њδ ƌǝͲ .CtͲ aĻƷĻƩЊυ ЊͲЊЌЎ͵ЉЉυ ЊͲЊЌЎ͵ЉЉLƓĭƩĻğƭĻ źƓ Њδ ƌǝͲ .CtͲ aĻƷĻƩ Њδ ƦźƦźƓŭЊЋЉυ АВ͵ЉЉυ ВͲЍБЉ͵ЉЉ ŅƩƚƒ ƚƩźŭźƓğƌ ĭƚƓƷƩğĭƷ ķǒĻ Ʒƚ 5źƭĭƚƓ͵ LƓƭƷğƌƌ źƓ ĬƌķŭЊυ ЍͲБЉЉ͵ЉЉυ ЍͲБЉЉ͵ЉЉźƓĭƩĻğƭĻķ ƒĻƷĻƩ ƦƩźĭźƓŭ ŅƩƚƒ 5ƩźǝĻǞğǤ wĻƭƷƚƩĻЊυ ЋͲЌЋБ͵ЉЉυ ЋͲЌЋБ͵ЉЉ ƚǞƓ ƚŅ ‘ğƦƦźƓŭĻƩƭ Sub-Total$ 17,743.00 Bond (2%)$ 354.86 Grand Total$ 18,097.86 18 Circle Њδ ƌǝͲ .CtͲ aĻƷĻƩЊυ ЊͲЊЌЎ͵ЉЉυ ЊͲЊЌЎ͵ЉЉLƓĭƩĻğƭĻ źƓ Њδ ƌǝͲ .CtͲ aĻƷĻƩ Њδ ƦźƦźƓŭЋВЎυ АВ͵ЉЉυ ЋЌͲЌЉЎ͵ЉЉ ŅƩƚƒ ƚƩźŭźƓğƌ ĭƚƓƷƩğĭƷ ķǒĻ Ʒƚ 5źƭĭƚƓ͵ LƓƭƷğƌƌ źƓ ĬƌķŭЊυ ЍͲБЉЉ͵ЉЉυ ЍͲБЉЉ͵ЉЉźƓĭƩĻğƭĻķ ƒĻƷĻƩ ƦƩźĭźƓŭ ŅƩƚƒ ğķķ ķƩźǝĻǞğǤ ƩĻƭƷЊυ ЊЌͲЎЉЉ͵ЉЉυ ЊЌͲЎЉЉ͵ЉЉ ƚǞƓ ƚŅ ‘ğƦƦźƓŭĻƩƭ ƩƚĭƉ ƩĻƒƚǝğƌЎЉυ ЊЎЉ͵ЉЉ υ АͲЎЉЉ͵ЉЉ Sub-Total $ 50,240.00 Bond (2%)$ 1,004.80 Grand Total$ 51,244.80 38 Skytop Њδ ƌǝͲ .CtͲ aĻƷĻƩЊυ ЊͲЊЌЎ͵ЉЉυ ЊͲЊЌЎ͵ЉЉ LƓĭƩĻğƭĻ źƓ Њδ ƌǝͲ .CtͲ aĻƷĻƩ Њδ ƦźƦźƓŭВЎυ АВ͵ЉЉυ АͲЎЉЎ͵ЉЉŅƩƚƒ ƚƩźŭźƓğƌ ĭƚƓƷƩğĭƷ ķǒĻ Ʒƚ 5źƭĭƚƓ͵ LƓƭƷğƌƌ źƓ ĬƌķŭЊυ ЍͲБЉЉ͵ЉЉυ ЍͲБЉЉ͵ЉЉ źƓĭƩĻğƭĻķ ƒĻƷĻƩ ƦƩźĭźƓŭ ŅƩƚƒ ƚǞƓ ƚŅ ‘ğƦƦźƓŭĻƩƭ House Total$ 13,440.00 Bond (2%)$ 268.80 Grand Total $ 13,708.80 Attachment: 20 04 06 Added Services QTY PDF (RES-2020-139 : Authorizing Change Order #2 To Contract #19-001 For Chelsea Service Line Packet Pg. 40 9.7.b 9 Skytop Њδ ƌǝͲ .CtͲ aĻƷĻƩЊυ ЊͲЊЌЎ͵ЉЉυ ЊͲЊЌЎ͵ЉЉLƓĭƩĻğƭĻ źƓ Њδ ƌǝͲ .CtͲ aĻƷĻƩ Њδ ƦźƦźƓŭЌЊЉυ АВ͵ЉЉυ ЋЍͲЍВЉ͵ЉЉ ŅƩƚƒ ƚƩźŭźƓğƌ ĭƚƓƷƩğĭƷ ķǒĻ Ʒƚ 5źƭĭƚƓ͵ LƓƭƷğƌƌ źƓ ĬƌķŭЊυ ЍͲБЉЉ͵ЉЉυ ЍͲБЉЉ͵ЉЉ źƓĭƩĻğƭĻķ ƒĻƷĻƩ ƦƩźĭźƓŭ ŅƩƚƒ ğķķ ķźŅŅźĭǒƌƷǤ ƓĻğƩ ƚǒƷĬƌķŭЊυ ЊͲЎБЍ͵ЉЉυ ЊͲЎБЍ͵ЉЉ ƚǞƓ ƚŅ ‘ğƦƦźƓŭĻƩƭ House Total$ 30,425.00 Bond (2%)$ 608.50 Grand Total$ 31,033.50 3 Broadway ЌΉЍδ ƌǝͲ .CtͲ aĻƷĻƩЊυ БАЎ͵ЉЉ υ БАЎ͵ЉЉ ЌΉЍδ ƦźƦźƓŭЎЉυ ЎЍ͵ЉЉυ ЋͲАЉЉ͵ЉЉ 5źƭĭƚƓ͵ LƓƭƷğƌƌ źƓ ĬƌķŭЊυ ЍͲБЉЉ͵ЉЉυ ЍͲБЉЉ͵ЉЉ ğķķ ŷğƓķ ķźŭ ǒƓķĻƩ ƦƚƩĭŷЊυ ЊͲЎБЍ͵ЉЉυ ЊͲЎБЍ͵ЉЉ Sub-Total$ 9,959.00 Bond (2%)$ 199.18 Grand Total $ 10,158.18 22 Skytop Њδ ƌǝͲ .CtͲ aĻƷĻƩЊυ ЊͲЊЌЎ͵ЉЉυ ЊͲЊЌЎ͵ЉЉ LƓĭƩĻğƭĻ źƓ Њδ ƌǝͲ .CtͲ aĻƷĻƩ Њδ ƦźƦźƓŭЋЋЉυ АВ͵ЉЉυ ЊАͲЌБЉ͵ЉЉŅƩƚƒ ƚƩźŭźƓğƌ ĭƚƓƷƩğĭƷ ķǒĻ Ʒƚ 5źƭĭƚƓ͵ LƓƭƷğƌƌ źƓ ĬƌķŭЊυ ЍͲБЉЉ͵ЉЉυ ЍͲБЉЉ͵ЉЉ źƓĭƩĻğƭĻķ ƒĻƷĻƩ ƦƩźĭźƓŭ ŅƩƚƒ ƚǞƓ ƚŅ ‘ğƦƦźƓŭĻƩƭ Sub-Total$ 23,315.00 Bond(2%)$ 466.30 Grand Total$ 23,781.30 33 Skytop Њδ ƌǝͲ .CtͲ aĻƷĻƩЊυ ЊͲЊЌЎ͵ЉЉυ ЊͲЊЌЎ͵ЉЉLƓĭƩĻğƭĻ źƓ Њδ ƌǝͲ .CtͲ aĻƷĻƩ Њδ ƦźƦźƓŭЌЊЉυ АВ͵ЉЉυ ЋЍͲЍВЉ͵ЉЉ ŅƩƚƒ ƚƩźŭźƓğƌ ĭƚƓƷƩğĭƷ ķǒĻ Ʒƚ 5źƭĭƚƓ͵ LƓƭƷğƌƌ źƓ ĬƌķŭЊυ ЍͲБЉЉ͵ЉЉυ ЍͲБЉЉ͵ЉЉźƓĭƩĻğƭĻķ ƒĻƷĻƩ ƦƩźĭźƓŭ ŅƩƚƒ ğķķ ğǝƚźķ ƚźƌ ƷğƓƉͲ ǞĻƌƌЊυ ЊͲЎБЍ͵ЉЉυ ЊͲЎБЍ͵ЉЉ ƚǞƓ ƚŅ ‘ğƦƦźƓŭĻƩƭ Sub-Total$ 32,009.00 Bond (2%)$ 640.18 Grand Total$ 32,649.18 Attachment: 20 04 06 Added Services QTY PDF (RES-2020-139 : Authorizing Change Order #2 To Contract #19-001 For Chelsea Service Line Packet Pg. 41 9.7.b 18 Lake Њδ ƌǝͲ .CtͲ aĻƷĻƩЊυ ЊͲЊЌЎ͵ЉЉυ ЊͲЊЌЎ͵ЉЉLƓĭƩĻğƭĻ źƓ Њδ ƌǝͲ .CtͲ aĻƷĻƩ Њδ tźƦźƓŭЋВЉυ АВ͵ЉЉυ ЋЋͲВЊЉ͵ЉЉ ŅƩƚƒ ƚƩźŭźƓğƌ ĭƚƓƷƩğĭƷ ķǒĻ Ʒƚ 5źƭĭƚƓ͵ LƓƭƷğƌƌ źƓ ĬƌķŭЊυ ЍͲБЉЉ͵ЉЉυ ЍͲБЉЉ͵ЉЉ źƓĭƩĻğƭĻķ ƒĻƷĻƩ ƦƩźĭźƓŭ ŅƩƚƒ ğķķ ķƩźǝĻǞğǤ ƩĻƭƷЊυ ЊЌͲЎЉЉ͵ЉЉυ ЊЌͲЎЉЉ͵ЉЉ ƚǞƓ ƚŅ ‘ğƦƦźƓŭĻƩƭ ğķķ ƩƚĭƉ ƩĻƒƚǝğƌЎЉυ ЊЎЉ͵ЉЉ υ АͲЎЉЉ͵ЉЉ Sub-Total$ 49,845.00 Bond (2%)$ 996.90 Grand Total$ 50,841.90 3 Lake ЌΉЍδ ƌǝͲ .CtͲ aĻƷĻƩЊυ БАЎ͵ЉЉ υ БАЎ͵ЉЉ ЌΉЍδ ƦźƦźƓŭАЎυ ЎЍ͵ЉЉυ ЍͲЉЎЉ͵ЉЉ 5źƭĭƚƓ͵ LƓƭƷğƌƌ źƓ ĬƌķŭЊυ ЍͲБЉЉ͵ЉЉυ ЍͲБЉЉ͵ЉЉ ğķķ ķźŅźĭǒƌƷ źƓƭƷğƌƌ źƓƷЊυ Ώ Sub-Total$ 9,725.00 Bond (2%)$ 194.50 Grand Total$ 9,919.50 54 River Rd N ЌΉЍδ ƌǝͲ .CtͲ aĻƷĻƩЊυ БАЎ͵ЉЉ υ БАЎ͵ЉЉ ЌΉЍδ ƦźƦźƓŭЏЉυ ЎЍ͵ЉЉυ ЌͲЋЍЉ͵ЉЉ 5źƭĭƚƓ͵ LƓƭƷğƌƌ źƓ ĬƌķŭЊυ ЍͲБЉЉ͵ЉЉυ ЍͲБЉЉ͵ЉЉ ƩƚĭƉ Бυ ЊЎЉ͵ЉЉ υ ЊͲЋЉЉ͵ЉЉ Sub-Total $ 10,115.00 Bond (2%) $ 202.30 Grand Total$ 10,317.30 ADDITIONAL HOUSES TOTAL:υ ЌЉАͲАЏЎ͵ЏЋ Attachment: 20 04 06 Added Services QTY PDF (RES-2020-139 : Authorizing Change Order #2 To Contract #19-001 For Chelsea Service Line Packet Pg. 42 9.7.b Attachment: 20 04 06 Added Services QTY PDF (RES-2020-139 : Authorizing Change Order #2 To Contract #19-001 For Chelsea Service Line Packet Pg. 43 9.10.a Rev August 20, 2020 TENANCY AGREEMENT FOR CONNECTION TO THE UNITED WAPPINGER WATER DISTRICT th THIS AGREEMENT made the 24 day of August, 2020 by and between the Town of Wappinger, acting through its elected Town Board on behalf of the UNITED WAPPINGER WATER DISTRICT, a special improvement district operating under Article 12 of the Town Law UWWD having offices at 20 Middlebush Road Wappingers Falls, New York 12590 AND SAZ, LLC, a New York Limited Liability Company having its offices at 1528 Route 376 Wappingers Falls, New York 12590 W I T N E S S E T H: WHEREAS, Owner is the fee simple owner of a parcel of approximately 2.86 acres of land located in the Town of Wappinger, County of Dutchess, State of New York having an address of 92- 96 Old Post Road, Wappingers Falls, NY and designated as Tax Parcel Grid Identification Number 6157-02-641504 (the Property WHEREAS, the Property is more fully described by metes and bounds descriptions attached hereto as WHEREAS, the Property is used for multi-family residences; and WHEREAS, the Dutchess County Health Department has asserted that the existing wells providing potable water to the property do not comply with applicable health department standards concerning salt content and the Owner desires to obtain municipal water for the property; and Attachment: FINAL WATER TENANCY AGREEMENT - REV DATE 2020-08-25 (RES-2020-142 : Resolution Authorizing Water Tenancy Agreement Packet Pg. 44 9.10.a WHEREAS, the property is notcurrentlylocated within a Water District in the Town of Wappinger but the Owner will seek to have the Town Board extend the boundaries of the UWWD to include the Property; and WHEREAS, the parties have determined that it is desirable to provide sewer and water services to the Property by the creation of a sewer tenancy agreement and a water tenancy agreement by separate instruments, and that such provision of municipal sewer and water services is a preferable alternative to a private sewer and water system; and WHEREAS, the UWWD has sufficient capacity to meet the water demand of the Property which is estimated at Three Thousand Two Hundred gallons per day (3,200 gpd); and WHEREAS, UWWD is willing to provide water service to the Property and to allow access over its pipes, mains, pump station and infrastructure for the water service to the Property provided that the New York State Department of Environmental Conservation issues a Water Supply Permit to allow the UWWD to provide water to the Property, if such Permit is required; WHEREAS, as consideration for obtaining access to the UWWD, the Owner shall construct all improvements necessary for connecting the Property to the UWWD, and WHEREAS, Owner has or is about to make an application to expand the service area of the UWWD to include the property; and WHEREAS, this Tenancy Agreement is intended as an interim procedure during the pendency of the application for inclusion within the District. NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions herein and other valuable consideration, the parties hereto agree as follows: 1. TERM. The term shall commence upon the execution of this Agreement by all parties and the initial term shall expire forty years from the date water service is first provided to the Property, unless it is sooner terminated by other provisions set forth herein. Provided the Owner is not in default, the term of this agreement shall be automatically renewed thereafter for subsequent five year terms until such time as the either party gives notice of the termination of the renewal Agreement, such notice of termination of the renewal Agreement must be given Attachment: FINAL WATER TENANCY AGREEMENT - REV DATE 2020-08-25 (RES-2020-142 : Resolution Authorizing Water Tenancy Agreement 2 Packet Pg. 45 9.10.a at least six months prior to the expiration of the term unless the Agreement is sooner terminated by other provisions of this Agreement. 2. RIGHT TO CONNECT In consideration of the promises made by the Owner under this Agreement, the UWWD grants unto the Owner the right to connect to the water distribution facilities of the UWWD as provided by this Agreement. 3. CONSTRUCTION OF IMPROVEMENTS Owner will, at its sole cost and expense, design and construct all water improvements necessary to connect the Property to the UWWD water distribution system by a connection at or near the existing hydrant on the westerly side of Old Post Road approximately 500 feet north of the intersection of Route 9 and the southerly end of Old Post Road . Owner may enter into agreement with other property owners to provide for sharing of the cost and expense required to be paid by Owner pursuant to this Agreement. A. The water improvements shall be constructed in accordance with the following standards: i) Installation of the water improvements shall be in accordance with Chapter 234 of the Code of the Town of Wappinger; ii) Installation of the water improvements shall comply with all applicable statutes, regulations and rules adopted by Federal, State and Local jurisdictions including but not limited to: Part 5 of the Sanitary Code of the State of New York (10 NYCRR Chapter I, Part 5); iii) The owner shall provide and install a master water meter and stopcock at a location acceptable to the Town Engineer. iv) The Town shall specify the water meter and reading devices for installation. v) Meters and reading devices shall be purchased and installed by the Owner at its own cost and expense. vi) The Town Engineer has the discretion to require additional meters and stopcocks to provide adequate control of the water system and to prevent loss of water. vii) Upon notice to the Town, the Owner has the right to install additional water meters for each unit of occupancy on the Property for purposes of dividing the water charges for the Property. The Owner shall remain responsible for the payment of all amounts due for the water flowing through the master meter. viii) Construction of the improvements is subject to final inspection and approval by the Town Engineer. Water service may not be Attachment: FINAL WATER TENANCY AGREEMENT - REV DATE 2020-08-25 (RES-2020-142 : Resolution Authorizing Water Tenancy Agreement 3 Packet Pg. 46 9.10.a turned on unless approval is given by the Town Engineer, the Water Department and the Building Department. ix) GOOD ENGINEERING PRACTICE The water distribution facilities to be constructed by the Owner will conform in all particulars to good engineering practice and shall be compatible and interoperable with the water distribution system of the UWWD. B. REVIEW BY TOWN The Town engineer must approve all plans and specifications and will be permitted to inspect the construction as it progresses. The Owner shall be responsible to reimburse the Town for the reasonable costs of engineering review and inspection for this project, including post-completion review. i) Prior to commencement of any construction work on the project, the Owner has or shall deposit with the Town an escrow in an amount to be determined by the Town Engineer. This escrow shall be used to reimburse the Town as necessary for the actual costs incurred to review and inspect the project. The escrow shall be replenished as necessary, upon demand by the Town. Any unused escrow shall be returned to Owner. If such escrow is not sufficient, the Owner shall pay such additional sum as necessary to defray the Town for its costs of engineering review and inspection. ii) Owner will hold UWWD and Town of Wappinger harmless property arising from the connection of owne UWWD as a tenant pursuant to this Agreement. C. NECESSARY PERMITS i) Owner shall acquire, at its expense, any and all permits necessary in order to undertake the project provided for herein, included but not limited to: road opening permits, NYS DOT permits, NYS DEC permits, grading permits, building permits, plumbing permits, NYS Department of Health, Dutchess County Department of Health permits, Town of Wappinger Building Permits. ii) To the extent the Town must obtain any regulatory approvals to implement this Agreement, including but not limited to a water supply permit from NYDEC, the Town shall obtain the same and the Owner shall reimburse the Town for the costs of any such permits. iii) The Owner shall apply for approval from the Dutchess County Department of Health within 45 days of the execution of this Attachment: FINAL WATER TENANCY AGREEMENT - REV DATE 2020-08-25 (RES-2020-142 : Resolution Authorizing Water Tenancy Agreement 4 Packet Pg. 47 9.10.a agreement. All other permits shall be applied for as soon as possible. iv) Both parties shall diligently pursue all permit applications. 4. OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT All water improvements constructed by the Owner shall be property of the Owner and the Owner will be responsible for the operation and maintenance of all aspects of the water improvements from the point of connection with the UWWD water distribution line, onto and throughout the Property. The Owner shall operate and maintain all water improvements necessary to connect the Property to the UWWD water distribution system in good condition without leaks. UWWD acknowledges that Owner will share ownership and responsibility of the water improvements provided for in this Agreement with one or more additional private owners who will be serviced by the water improvements provided for in this Agreement. A. When leakage occurs on pipes and facilities owned by Owner, Owner shall make the necessary repairs immediately when they are discovered. If Owner fails to make said repairs as soon as possible, the Town may take such steps necessary to protect the Town water supply, including, if necessary, the right to discontinue water service, until such time as the leak is repaired. If water service is discontinued, the Owner shall pay the Town the restoration of service charge. B. Owner shall replace or repair such portions of the water improvements that are deemed necessary by the Town Engineer or the Water Department within the time prescribed by the notice to cure. If Owner fails to make said repairs or replacement within the time provided by the notice, the Town may take such steps necessary to protect the Town water supply, including, if necessary, replacement or repair as provided above and/or the right to discontinue water service, until such time as the repairs or replacement is completed. If water service is discontinued, the Owner shall pay the Town the restoration of service charge. 5. COST OF IMPROVEMENTS The cost of the improvements to be paid by the Owner shall include all costs necessary or incidental to the construction of the water distribution facilities and the water transmission facilities from the UWWD water system to the Os property and the property of such other private owners who are sharing in the costs and expenses and ownership of the water improvements provided for in this Agreement. Owner shall be responsible for the costs of designing its water system and for the creation of plans and specifications, together with the costs of the material and labor and any easements required with the Property. 6. DEDICATION OF IMPROVEMENTS The water improvements constructed by the Owner shall be property of the Owner and the Owner will be responsible for the operation and maintenance of all aspects of the water improvements from the point of connection with the UWWD water distribution line and onto and throughout the Property. A. In consideration of the extension of water service to the property, the Owner hereby irrevocably offers for dedication all water improvements Attachment: FINAL WATER TENANCY AGREEMENT - REV DATE 2020-08-25 (RES-2020-142 : Resolution Authorizing Water Tenancy Agreement 5 Packet Pg. 48 9.10.a located within a public right of way. This Offer of Dedication may be accepted by the Town of Wappinger. B. In the event that the water improvements are dedicated to the public, the cease and terminate and it shall be the Town same. The Owner shall continue to be responsible to maintain those water improvements that are not dedicated to the public. C. The Town may request dedication of an easement that is necessary for the operation of the UWWD Water Supply system. 7. INDEMNIFICATION The water line facilities to be constructed by the Owner will be constructed by it, or its agents, as an independent contractor. The Owner and its agents will hold the Town, its agents and consultants harmless from any claims or causes of action of any agent, employee or subcontractor of the Owner. The Town and its consultants shall be named as an additional insured, and proof of said addition shall be provided prior to the commencement of any construction. Claims arising from the acts or omissions of UWWD are excluded from this paragraph. 8. WATER RATES While this Agreement is in effect, the Owner, its successors and assigns, will pay on an annual basis or at such intervals that the Town bills its customers the same water charges, benefit assessment charges or other fees and assessments imposed or to be imposed on property owners within the UWWD for water and does consent to said charges being deemed liens on the Property in the same manner as if the Property was located within the boundaries of the District. The Water Charges shall be determined and payable in accordance with Chapter 234 of the Town of Wappinger Code as the same may be amended from time to time hereafter. A. SURCHARGE FOR EXCESS USAGE The Town has entered into this A more than 3,200 gallons per day, which is 292,000 gallons per quarter. In the event the Property uses water in excess of 292,000 gallons for any quarter annual billing period, the Owner will pay a surcharge of twenty-five percent (25%) of the water rate charged pursuant to the Chapter 234 of the Town of Wappinger Code. B. The Owner consents that unpaid water charges become liens on the ors and or assigns. C. Service restoration fees and other miscellaneous charges shall be in accordance with Chapter 234 of the Town of Wappinger Code and the rules and regulations of the UWWD Water System. 9. NO OTHER HOOK-UPS There shall be no additional permission to serve any property outside of the District other than the one herein described though the water improvements being constructed by Owner. The parties agree that no other parcels outside Attachment: FINAL WATER TENANCY AGREEMENT - REV DATE 2020-08-25 (RES-2020-142 : Resolution Authorizing Water Tenancy Agreement 6 Packet Pg. 49 9.10.a of the District shall be allowed to connect to the water service line being constructed by the Owner without the express written approval by the Town. Old Post Commons, LLC or its successor for a project known as Old Post Commons with tax parcel 6157-04-625489 is within the District and will share expenses and construction of the improvements. 10. TEMPORARY DISCONTINUANCE OF SERVICE In accordance with the regulations of the Town and New York State Law, including but not limited to Chapter 234 of the Town of Wappinger Code, the Town may, upon reasonable notice, when such notice can reasonably be given, suspend, curtail or discontinue water service on a temporary basis A. for failure by Owner to comply with any valid governmental order or directive, such discontinuance shall be for the shortest time practicable. B for any of the following acts or omissions on the part of the Owner; provided however that reasonable arrangements are made for the provision of water service to the residents using the water improvements provided for in this Agreement. 11. Subject to Paragraph 12 following, the following shall constitute default by Owner: i) Non-payment of any valid bill due for service for the Property, provided that a notice of default has been given which provides a period of ten days to cure the default in payment or file a written notice of objection to the Town. If the Owner files an objection, the Town Board shall hear such objection at its next meeting and determine the validity of such objection. In the event the objection is not sustained then water service may be discontinued. ii) Disconnecting the meter or in any way tampering or interfering with the meter or remote meter reading device, or tampering with any other facility of the Town without permission. iii) Providing water service to others without the approval of the Town. iv) Failure to remove any non-conforming temporary or permanent physical connection or interconnection to any unapproved source of supply. v) Maintenance of any water outlet improperly protected against backflow or back-siphonage, or connecting or operating any piping or other facility on the Owner adversely affect the safety or adequacy of service provided to other Town water customers present or prospective. vi) Willful wasting of water after a notice to cure has been served and a 10 day cure period has expired and no cure has been effected. vii) Failure to properly construct and maintain meter housings. viii) Failure to comply with the terms of orders any Court or governmental authority having jurisdiction concerning the obligations of Owner under this Agreement. Attachment: FINAL WATER TENANCY AGREEMENT - REV DATE 2020-08-25 (RES-2020-142 : Resolution Authorizing Water Tenancy Agreement 7 Packet Pg. 50 9.10.a ix) Refusal to allow reasonable access to the Property for necessary purposes in connection with rendering of service, including meter installation, reading or testing, or the maintenance or removal of the Town 12. ENFORCEMENT OF THIS AGREEMENT BY UWWD SHALL BE EFFECTUATED BY PROCEEDING TO PLACE AND ENFORCE A LIEN FOR FINANCIAL OBLIGATIONS OF OWNER UNDER THIS AGREEMENT OR BY SEEKING INJUNCTIVE OR OTHER RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR DEFAULT OTHER THAN DEFAULT OF FINANCIAL OBLIGATIONS PROVIDED THAT UWWD SHALL SEEK IN SUCH ORDER AND PERMIT A REASONABLE CURE PERIOD FOR DEFAULTS WHICH DO NOT PRESENT AN IMMEDIATE HAZARD TO LIFE, PROPERTY OR HEALTH. 13. EARLY TERMINATION OF AGREEMENT Subject to the right of Owner to challenge any governmental order or directive that Owner asserts is invalid or unreasonable, Owner shall comply in good faith with any governmental order or directive concerning the obligations of Owner under the terms of this Agreement. The following shall constitute grounds for early termination of this Agreement: A. In the event that Owner is not able to install the necessary water improvements this Agreement shall terminate upon notice to the Town of such fact. B. This Agreement shall terminate if Owner does not commence construction of the improvements within three years of the execution of this Agreement by both parties. C. The Owner acknowledges that the Town has the right and obligation under this Agreement to discontinue water service to customers outside the District when the water supply is insufficient to meet the needs of District residents. In the event that there is no longer surplus water capacity to service the Property, the Town may seek judicial authorization to terminate water service under this Agreement. The Town shall give the Owner sufficient time to obtain an alternative water source and construction of a connection to such alternate source, in accordance with said approval. In no event shall the notice period be less than three months, except in the case of an emergency. D. In the event a water district or water improvement area of the Town of Wappinger is extended to cover the Property and the Property is approved to obtain water from such water district or improvement area, this Agreement shall terminate (without the need for Court order). The Owner shall have a reasonable amount of time to make connection with Town of Wappinger water service. E. Neither party shall be entitled to damages or penalties if this Agreement is terminated in accordance with this section. Attachment: FINAL WATER TENANCY AGREEMENT - REV DATE 2020-08-25 (RES-2020-142 : Resolution Authorizing Water Tenancy Agreement 8 Packet Pg. 51 9.10.a 14. TOWN CODE & WATER BOARD REGULATIONS The Owner agrees to abide by and be bound by Chapter 234 of the Code of the Town well as all rules and regulations adopted by the Town Board for the operation of the UWWD Water system. 15. LIABILITY The Owner is liable for all costs, charges, duties and responsibilities imposed upon the Owner by this Agreement. Upon Town enforcement of this agreement by judicial action, the prevailing party in any action to enforce this Agreement. 16. TOWNRIGHT TO INSPECT The Town and its employees and agents shall have the right to enter upon the Property at reasonable times to inspect the water improvements in order to determine that the water improvements are functioning properly and are in compliance with this Agreement, the Town of Wappinger Code and other applicable laws. The right to inspect shall not be construed to place the Town in a position of responsibility for maintainins water distribution system. The purpose of inspections is to protect the UWWD water system. Failure to permit access to inspect the water improvements shall be considered a default of this Agreement and the Town shall be authorized to discontinue service until such time suitable access is provided. 17. EMERGENCY REPAIRS The Town and its employees and agents shall have the right to enter upon the Property in the case of an emergency to make such repairs to the water system that are necessary. 18. SEQRA REVIEW This Agreement is contingent upon and shall not take effect unless and until the SEQRA review is completed by the lead agency designated by the Town Board. 19. BUY-IN FEE Owner shall make payment of a buy-in fee pursuant to Town Code Section 236-6(B)(2)(c) to the extent applicable to this Agreement. The buy-in fee provided for in this Agreement is intended to serve as a credit for the buy-in fee for inclusion in the District by reason of the fact that this tenancy is intended as an interim procedure pending inclusion of the property in the District. Owner agrees to make prompt application for inclusion within the District. 20. WATER PRESSURE The continuing adequacy of the water pressure is in no way guaranteed by the Town. A. The Owner shall be allowed to conduct any tests it deems appropriate to determine that the water pressure of the UWWD Water System is sufficient for its needs. All such tests must be completed before the buy-in fee is due. In the event that these tests determine that the water pressure of the UWWD Water System is not sufficient, the Owner may terminate this Agreement. Attachment: FINAL WATER TENANCY AGREEMENT - REV DATE 2020-08-25 (RES-2020-142 : Resolution Authorizing Water Tenancy Agreement 9 Packet Pg. 52 9.10.a Once the incentive fee has been paid, the Owner may not terminate this Agreement pursuant to this section. B. The Owner acknowledges that they have the opportunity to become fully familiar with the water pressure supplied to the Property by the UWWD water system and any limitations said pressure may have on any fire fighting apparatus. With this knowledge the Corporation accepts the 21. PROHIBITED USES The Owner shall not permit the use of a car wash or laundromat on the Property which will utilize the UWWD water system. Washing machines may be maintained for the use of occupants of the property. 22. COSTS & ATTORNEYS FEES The Owner is liable for all costs, charges, duties and responsibilities imposed upon the Owner by this Agreement. The parties may enforce this Agreement by judicial action and the prevailing party shall be entitled to recover its reasonable costs and 23. INCORPORATION OF INTRODUCTORY CLAUSES The introductory clauses of this Agreement are hereby incorporated by reference as if fully set forth herein as terms of this Agreement. 24. COOPERATION due diligence in proceeding with the approvals, planning and construction of the proposed project are expressly made terms and conditions of this Agreement. The parties acknowledge that, although they have attempted to incorporate and resolve all matters relative to the proposed improvements, certain matters will likely arise hereafter which were not addressed in whole or in part by this Agreement. Accordingly, the parties hereto shall, in good faith, cooperate to do all things, which may become necessary in the future to effectuate the purpose and intent of this Agreement. 25. AUTHORITY It is expressly understood and acknowledged that the signatories to this Agreement have the power to bind their respective parties to all of the terms and conditions contained herein. All resolutions of the respective governing bodies of the Town have been adopted by the appropriate legislative authority. 26. APPLICABLE LAW This Agreement shall be governed under the laws of the State of New York. 27. VENUE Venue for any dispute arising from this Agreement shall be placed in a New York State Court of competent jurisdiction located within the County of Dutchess, State of New York. 28. ENTIRE AGREEMENT This Agreement and any attachments hereto constitute the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, whether oral or written. No modification or claimed waiver of any of the provisions hereof shall be valid unless in writing and signed by the duly authorized representative against whom such modification or waiver is sought to be enforced. Attachment: FINAL WATER TENANCY AGREEMENT - REV DATE 2020-08-25 (RES-2020-142 : Resolution Authorizing Water Tenancy Agreement 10 Packet Pg. 53 9.10.a 29. WAIVER None of the terms of this Agreement can be waived or modified except by an express Agreement in writing signed by both parties. There are no representations, promises, warranties, covenants, or undertakings other than those contained in this Agreement, which represents the entire understanding of the parties. The failure of either party hereto to enforce, or the delay by either party in enforcing, any of its rights under this Agreement shall not be deemed a continuing waiver or a modification thereof and either party may, within the time provided by applicable law, commence appropriate legal proceedings to enforce any or all of such rights. 30. SEVERABILITY All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any applicable law, and are intended to be limited to the extent necessary so that they will not render this Agreement invalid, unenforceable or not entitled to be recorded under any applicable law. If any term, covenant or condition of this Agreement shall be held to be invalid, illegal or unenforceable, the validity of the other terms, covenants and conditions of this Agreement shall in no way be affected thereby. 31. UWWD and the Town of Wappinger reserve the right to extend the boundaries of Town Law, the Town will use best efforts to extend the District. If the Town Board, acting pursuant to Article 12 of the Town Law, determines to extend the boundaries of the UWWD to include the Property, Owner will execute an irrevocable petition for the inclusion of the Property in UWWD, or in any other District formed by the Town to include the Property. If the Town Board, pursuant to Article 12A of the Town Law, determines to extend the boundaries of the UWWD to include the Property or to create a new District the boundaries of which will encompass the Property, Owner 32. This Agreement is binding upon the heirs, successors and assigns of Owner and it shall run with the land comprising the Property and the parties shall record this Agreement or a Memorandum of this Agreement with the Clerk of Dutchess County, indexed to the Property. 33. Each party will, at any time and from time to time, at the request of any other party make, execute, acknowledge and deliver, or cause to be done, all such further acts, deeds or other documents as may reasonably be necessary or appropriate to complete the transactions contemplated by this Agreement. 34. Each party represents to the other party that it has the power and authority to execute, deliver and perform this Agreement, that all actions necessary to authorize the execution, delivery and performance of this Agreement have been duly taken, that it has duly executed and delivered this Agreement and that this Agreement is legal, valid and binding on it and enforceable against it, in accordance with its terms. IN WITNESS WHEREOF, the parties have set their hand and seals by their duly authorized officers as of the date first above written. SAZ, LLC BY: _______________________________ Attachment: FINAL WATER TENANCY AGREEMENT - REV DATE 2020-08-25 (RES-2020-142 : Resolution Authorizing Water Tenancy Agreement 11 Packet Pg. 54 9.10.a TOWN OF WAPPINGER ON BEHALF OF UNITED WAPPINGER WATER DISTRICT \[MAJORITY OF TOWN BOARD MUST SIGN PURSUANT TO TOWN LAW SECTION 198(11). SIGNATURE LINES SHOULD BE ADDED. BY: _______________________________ Richard L. Thurston, Supervisor ACKNOWLEDGEMENTS STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. On the ___ day of August, 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared ____________________________________ personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ____________________________ Notary Public STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. On the ___day of August, 2020, before me, the undersigned, personally appeared RICHARD L. THURSTON, Supervisor of the Town of Wappinger, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ____________________________ Notary Public Attachment: FINAL WATER TENANCY AGREEMENT - REV DATE 2020-08-25 (RES-2020-142 : Resolution Authorizing Water Tenancy Agreement 12 Packet Pg. 55 9.11.a Attachment: Tenancy Agreement for Temporary Emergency Connection 2020-08-05 Unsigned (RES-2020-143 : Authorizing Agreement For Packet Pg. 56 9.11.a Attachment: Tenancy Agreement for Temporary Emergency Connection 2020-08-05 Unsigned (RES-2020-143 : Authorizing Agreement For Packet Pg. 57 9.11.a Attachment: Tenancy Agreement for Temporary Emergency Connection 2020-08-05 Unsigned (RES-2020-143 : Authorizing Agreement For Packet Pg. 58 9.11.a Attachment: Tenancy Agreement for Temporary Emergency Connection 2020-08-05 Unsigned (RES-2020-143 : Authorizing Agreement For Packet Pg. 59 9.11.a Attachment: Tenancy Agreement for Temporary Emergency Connection 2020-08-05 Unsigned (RES-2020-143 : Authorizing Agreement For Packet Pg. 60 9.11.a Attachment: Tenancy Agreement for Temporary Emergency Connection 2020-08-05 Unsigned (RES-2020-143 : Authorizing Agreement For Packet Pg. 61 9.11.a Attachment: Tenancy Agreement for Temporary Emergency Connection 2020-08-05 Unsigned (RES-2020-143 : Authorizing Agreement For Packet Pg. 62 9.11.a Attachment: Tenancy Agreement for Temporary Emergency Connection 2020-08-05 Unsigned (RES-2020-143 : Authorizing Agreement For Packet Pg. 63 9.11.a Attachment: Tenancy Agreement for Temporary Emergency Connection 2020-08-05 Unsigned (RES-2020-143 : Authorizing Agreement For Packet Pg. 64 9.11.a Attachment: Tenancy Agreement for Temporary Emergency Connection 2020-08-05 Unsigned (RES-2020-143 : Authorizing Agreement For Packet Pg. 65 9.12.a Attachment: Silvestri Tenacy Agreement For UWWD (RES-2020-144 : Resolution Authorizing Water Tenancy Agreement For Silvestri) Packet Pg. 66 9.12.a Attachment: Silvestri Tenacy Agreement For UWWD (RES-2020-144 : Resolution Authorizing Water Tenancy Agreement For Silvestri) Packet Pg. 67 9.12.a Attachment: Silvestri Tenacy Agreement For UWWD (RES-2020-144 : Resolution Authorizing Water Tenancy Agreement For Silvestri) Packet Pg. 68 9.12.a Attachment: Silvestri Tenacy Agreement For UWWD (RES-2020-144 : Resolution Authorizing Water Tenancy Agreement For Silvestri) Packet Pg. 69 9.12.a Attachment: Silvestri Tenacy Agreement For UWWD (RES-2020-144 : Resolution Authorizing Water Tenancy Agreement For Silvestri) Packet Pg. 70 9.12.a Attachment: Silvestri Tenacy Agreement For UWWD (RES-2020-144 : Resolution Authorizing Water Tenancy Agreement For Silvestri) Packet Pg. 71 9.12.a Attachment: Silvestri Tenacy Agreement For UWWD (RES-2020-144 : Resolution Authorizing Water Tenancy Agreement For Silvestri) Packet Pg. 72 9.12.a Attachment: Silvestri Tenacy Agreement For UWWD (RES-2020-144 : Resolution Authorizing Water Tenancy Agreement For Silvestri) Packet Pg. 73 9.12.a Attachment: Silvestri Tenacy Agreement For UWWD (RES-2020-144 : Resolution Authorizing Water Tenancy Agreement For Silvestri) Packet Pg. 74 9.12.a Attachment: Silvestri Tenacy Agreement For UWWD (RES-2020-144 : Resolution Authorizing Water Tenancy Agreement For Silvestri) Packet Pg. 75 9.15.a Chapter 171 Parks and Recreation §171-1 Legislative intent. It is the intent of this Chapter to protect the rights of all residents of the Town of Wappinger so as to enjoy to the fullest extent possible parks and recreation areas located within the Town of Wappinger. §171-2 Designation of Parks and Recreation Areas. The Town of Wappinger hereby establishes the following Town owned properties as official park and recreation areas of the Town of Wappinger: 1. Airport Park Soccer Complex 2. Carnwath Farms Historic Site & Park 3. Castle Point Park 4. Fleetwood Park 5. Martz Field Recreation Facility 6. Quiet Acres Park 7. Reese Park Town Nature Preserve 8. Robinson Lane Baseball Complex 9. Rockingham Park Soccer Complex 10. Brexel-Schlathaus Park 11. Spook Hill Park 12. South Fowlerhouse (Card Road Basketball Court) §171-3 General Park Rules and Regulations Applicable to All Parks and Recreation Areas. The following rules and regulations shall apply to all parks in the Town: A. Town parks and recreation areas shall be opened for public use between sunrise and sunset unless other open hours are posted at any park. Attachment: Chapter 171 -w- JPH Revisions (RES-2020-147 : Introducing “Local Law No. 4 Of The Year 2020 Amending Chapter 171 ‘Parks And Packet Pg. 76 9.15.a B. Properly licensed dogs, wearing a license tag and vaccinated against rabies pursuant to the laws of the State of New York and Town of Wappinger and restrained by a leash or other restraint not exceeding six feet in length, may be brought into a park, except in no event shall dogs or other animals be allowed to enter any playground, ballfield, basketball court, handball court, tennis court, or other area prohibited by the Recreation Director. Nothing in this paragraph shall be construed to prohibit persons with disabilities from bringing service animals into a park as authorized by federal, state, or city law. C. It shall be the duty of each dog owner or each person in possession, custody or control of a dog to remove any feces left by his/her dog on any public area in any Town park. D. No person shall cut, deface, injure, remove or disturb any tree, shrub, building, fence, bench or any other structure, apparatus or property; or pick, cut or remove any shrub, brush or flower; or mark or write upon any building, fence, bench, signs or other structures. E. No profane or abusive language shall be used in any Town park. F. No persons shall sell or offer for sale any goods without permission from the Recreation Director G. No persons shall erect, post, carry or distribute any signs, flyers, posters or placards without written permission of the Recreation Director. H. No alcoholic beverages shall be permitted in the park area unless permission is received from the Recreation Director, or except during activities sponsored by the Town. I. No smoking. J. Betting or gambling of any type is prohibited. K. Baseball will be permitted only on diamonds set aside for this activity. L. Hitting golf balls is prohibited, except in designated areas. M. No persons shall erect any recreation or play equipment in any park without written permission of the Recreation Director. N. Open fires (that is to say, fires not in gasoline stoves, charcoal grills, etc.) or fires not in designated places and any unattended fires are prohibited. No fire shall be left unextinguished after use. Attachment: Chapter 171 -w- JPH Revisions (RES-2020-147 : Introducing “Local Law No. 4 Of The Year 2020 Amending Chapter 171 ‘Parks And Packet Pg. 77 9.15.a O. No camping without written permission of the Recreation Director. P. No firearms, fireworks, air guns, bows and arrows or any dangerous weapons are permitted, except that firearms lawfully in possession, if holstered or cased, may be carried through a Town park. Q. No hunting or trapping. R. Throwing or leaving refuse in or on a Town park, other than in receptacles there provided for trash, is prohibited. S. No unlicensed motorized vehicles, including motorcycles, motorbikes, snowmobiles, minibikes, all-terrain vehicles, etc., shall be operated or parked in a Town park area outside designated roadways or designated parking areas. Licensed motor vehicles are only permitted on drives and parking areas. T. No vehicles shall be operated in a Town park at a speed in excess of 10 miles per hour. U. No overnight parking of motor vehicles in any park area. V. Privately owned boats, rafts or other artificial means of support on water shall be only allowed entry upon waters in designated areas. W. No swimming without written permission of the Recreation Director. X. No persons shall enter upon any ice in any park. Y. No entertainment or exhibition of any kind shall be given without the directions, approval or supervision of the Recreation Director. Z. No person shall throw stones or other missiles. AA. No persons shall ride a horse or pony in any park. §171-4 Closing of parks. The Recreation Director, Supervisor and Town Board may close the park facilities whenever, in their judgment, such action is deemed necessary or desirable for the protection of health or safety of persons entitled to use such facilities. Attachment: Chapter 171 -w- JPH Revisions (RES-2020-147 : Introducing “Local Law No. 4 Of The Year 2020 Amending Chapter 171 ‘Parks And Packet Pg. 78 9.15.a §171-5 Regulations for Specific Parks. Notwithstanding §171-3 above, the following rules and regulations specific to certain parks shall be applicable. If the rule or regulation contained herein shall conflict with §171-3 above, this section shall control: A. Airport Park Soccer Complex - reserved B. Carnwath Farms Historic Site & Park - reserved C. Castle Point Park - reserved D. Fleetwood Park - reserved E. Martz Field Recreation Facility - reserved F. Quiet Acres Park - reserved G. Reese Park Town Nature Preserve - reserved H. Robinson Lane Baseball Complex - reserved I. Rockingham Park Soccer Complex - reserved J. Brexel-Schlathaus Park - reserved K. Spook Hill Park - reserved L. South Fowlerhouse (Card Road Basketball Court) - reserved §171-6 Park Rental regulation. Any request for the use of a Park and Recreation Area shall be made pursuant to the following Regulations: A. Request for use of Park and Recreation facilities may be made up to one year in advance of an event but no later than two (2) weeks prior to the intended date of use and is subject to approval of the Recreation Director. B. Persons wishing to reserve Town facilities for specific use shall first apply at the Recreation office or online on the approved application form with all requisite documentation. Applications shall be approved or denied by the Recreation Director. Denial of use may be appealed to the Town Board. C. The Recreation Director may set reasonable conditions upon any approval to use a Town Facility. D. The fee for use of certain Town Facilities shall be set by separate Resolution of the Town Board which may be amended from time to time. E. Adult supervision is required for any activity involving persons less than 18 years of age. There shall be a minimum of one adult per each 10 persons less than 18 years of age. Attachment: Chapter 171 -w- JPH Revisions (RES-2020-147 : Introducing “Local Law No. 4 Of The Year 2020 Amending Chapter 171 ‘Parks And Packet Pg. 79 9.15.a F. All organizations, private parties in excess of 100 people, or any request that involves the serving of alcohol must provide the following documentation to the Recreating Director upon application: (1) A current valid certificate of insurance naming the Town of Wappinger, 20 Middlebush Road, Wappinger Falls, NY 12590 as additional insured for the date(s) applied. (2) Comprehensive general liability limits of at least $1,000,000 per occurrence/$2,000,000 aggregate. (3) Request shall not be processed unless all requisite documentation is provided at time of application. G. Persons applying for use of Town lands must provide a signed hold harmless agreement. H. The Recreation Director shall have the responsibility to resolve all scheduling conflicts involving the use of park facilities. §171-7 Penalties for offenses. Any person committing an offense against any provision of this chapter, or any rule or regulation made pursuant thereto, shall, upon conviction thereof, be guilty of a violation punishable by a fine in the amount set forth in Chapter 122, Article V, § 122-20U of the Code or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. § 171-8 Enforcement. This chapter may be enforced by any police agency having jurisdiction within the Town of Wappinger. §171-9 Posting. A. Signs shall be conspicuously posted at the regular entrances to Town Parks to provide notice of the park hours and other restrictions established by this Chapter. The failure to post signs, or the failure to include the prohibited conduct on the sign shall not be a defense against a violation of this Chapter and proof of posting a sign shall not be required to establish a violation of this Chapter. B. A person who enters or remains within a park after regular hours shall be deemed to have Article 140 of the Penal Law for Burglary and related offenses. Attachment: Chapter 171 -w- JPH Revisions (RES-2020-147 : Introducing “Local Law No. 4 Of The Year 2020 Amending Chapter 171 ‘Parks And Packet Pg. 80 9.15.b NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 28th day of September, 2020, at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall 4 of the Year 2020, Amending Chapter 171 of the Town of Wappinger Code Parks and Recreation by Repealing the Existing Provisions in their Entirety and Adding New Provisions. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to 6 NYCRR Part 617. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No. 4 of the Year 2020 are available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: August 24, 2020 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI, TOWN CLERK Attachment: Notice of Public Hearing (RES-2020-147 : Introducing “Local Law No. 4 Of The Year 2020 Amending Chapter 171 ‘Parks And F:\\Local Laws\\Local Law Filing\\2020\\Local Law 4\\Notice of Public Hearing.doc Packet Pg. 81 9.16.a MUNICIPAL COOPERATION AGREEMENT JOINT HUMAN RESOURCES MANAGER THE TOWN OF WAPPINGER AND THE TOWN OF EAST FISHKILL THIS AGREEMENT made the _____ day of July 2020, by and between the Town of Wappinger, a municipal corporation, having its principal place of business at 20 Middlebush Road, Wappingers FallsWappinger Fishkill, a municipal corporation, having its principal place of business at 330 Route 376, Hopewell Junction, NY (hereinafter referred to WHEREAS, these two municipalities are empowered to enter into a municipal cooperative agreement with respect to sharing the position of Human Resources Manager; and WHEREAS, it is the intention of the parties to create a shared Human Resources Manager position between the two Towns on a basis which has been agreed to and is satisfactory to the Boards; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That the Town of East Fishkill will employ a full-time Human Resources Manager in its employment. Said Human Resources Manager shall devote fifty percent (50%) of their time to the Town of Wappingerfifty percent (50%) of their time to the work of the Town of East Fishkill. The Supervisors shall set a monthly schedule for the Human Resources Manager. A three (3) day two (2) day schedule will be used unless the Supervisors agree otherwise. The terms and conditions of her employment will be in agreement with east Fishkill. 2. That during the respective office hours, the Human Resources Manager will be provided with an office in the respective Town Halls and be available for the work of the respective Town. 3. Both parties agree to work and be as flexible as possible with respect to the scheduling of the Human Resources Manager so as to fulfill the needs of both communities with respect to this position. 4. That the parties agree that this agreement will be for a period of one year and shall automatically renew unless 60 days prior to the expiration of any year, either party gives written notice to the other of its desire to terminate the agreement. Upon termination, the agreement will be of no force and effect. Attachment: MUNICIPAL COOPERATION AGREE-Human resource manager 2020 (Autosaved) (RES-2020-148 : Authorizing Intermunicipal Packet Pg. 82 9.16.a 5. It is agreed that the Town Comptroller of the Town of East Fishkill shall remit a bill to the Supervisor of the Town of Wappinger on either a quarterly or bi-annual basis with respect to reimbursement of the costs and expenses for the Wappinger share of the Human Resources Manager and payment of said bill shall be paid by the Town of Wappinger within 30 days of its receipt of said statement. 6. That the Towns specifically agree that all salary, benefits, over-time and any other costs, including Social Security tax, Medicare tax, health insurance, dental insurance and any other benefits provided to the Human Resources Manager shall be divided between the parties with Wappinger paying fifty percent (50%) of the amount and East Fishkill paying fifty percent (50%) of the amount. 7. This position is managerial exempt from any overtime payments. 8. This position is managerial and as such is a non-union position in the Town. 9. This agreement will automatically renew year to year unless cancelled as set forth above. IN WITNESS HEREOF, the parties have hereunto set their hands and seal on the date above written. TOWN OF WAPPINGER By: _______________________________ RICHARD L. THURSTON, Supervisor TOWN OF EAST FISHKILL By: _______________________________ , Supervisor Attachment: MUNICIPAL COOPERATION AGREE-Human resource manager 2020 (Autosaved) (RES-2020-148 : Authorizing Intermunicipal 2 Packet Pg. 83 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 84 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 85 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 86 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 87 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 88 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 89 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 90 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 91 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 92 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 93 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 94 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 95 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 96 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 97 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 98 9.17.a Attachment: 2020-08-24 (RES-2020-149 : Correspondence Log) Packet Pg. 99