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2023-07-24Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5772 Monday, July 24, 2023 7:00 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present William H. Beale Town of Wappinger Councilman Present 7:00 PM Angela Bettina Town of Wappinger Councilwoman Present 7:00 PM Christopher Phillips Town of Wappinger Councilman Absent Al Casella Town of Wappinger Councilman Present 7:00 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 6:00 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips 2. Motion To: Acknowledge Minutes of June 26, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips IV. Public Hearings 1. Motion To: Open Public Hearing Town of Wappinger Page I Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips 2. Local Law No. 3 Of The Year 2023, "Amending Chapter 122 Of The Code Of The Town Of Wappinger To Update Fees And Fines" V. Public Portion 1. Motion To: Open Public Portion COMMENTS - Current Meeting: Margaret Loh appeared before the board to explain the Stormwater issues at 34 Sherwood Heights. Ken Stenger discussed the repeal of 240-50 and wanted to discuss the status, but was denied as there was no item on the agenda to allow him to speak. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips VI. Discussions 1. Stormwater issues Sherwood Heights/Carmel Heights Jim Horan explained the drainage issues at 34 Sherwood Heights. RESOLUTION: 2023-94 Resolution Authorizing CPL To Prepare Plans For Municipal Stormwater Improvements For Certain Properties On Sherwood Heights And Carmel Heights WHEREAS, the Town of Wappinger is subject to the MS -4 regulations of the USEPA and the NYS Department of Environmental Conservation; and Town of Wappinger Page 2 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 WHEREAS, owners of the Town of Wappinger have reported erosion conditions on properties located on Sherwood Heights and Carmel Heights that are causing the discharge of sediment into the MS -4 systems of the Town of Wappinger and the County of Dutchess on All Angels Hill Road; and WHEREAS, the Town needs professional engineering services to analyze the area contributing stormwater to the affected area and to design effective stormwater practices to reduce erosion and effectively convey the stormwater into the MS -4 systems, minimizing sediments entering into the system; and WHEREAS, the Town has received a proposal from CPL, a duly licensed engineering firm, to provide the required stormwater investigation and designs; and WHEREAS, the professional services of an engineer are not subject to competitive bidding; now, therefore BE IT RESOLVED, that the Town Board has reviewed the attached proposal from CPL in the amount of $13,000 and has determined that it is reasonable and the Supervisor is hereby authorized to sign the proposal on behalf of the Town; and BE IT FURTHER RESOLVED, that appropriation for this proposal shall be made from Unallocated B Fund Balance and the Comptroller shall amend the budget accordingly; and BE IT FURTHER RESOLVED, that payment shall be made upon vouchers reviewed and approved as required by law; and BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2023-94 Yes/Aye.. No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter 0Wi ❑ ,.... ..❑ ......,.... El ..❑.. ....,......❑..... El Defeated lliam HB . Beale .................... V oter D ..... ❑ Tabled Angela Bettina ... Seconder ................... D ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Voter ❑ ....... ❑ ................. ❑ ................ 0 Al Casella Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York July 24, 2023 The Resolution is hereby duly declared Adopted. 3. Discussion on 4 Unsafe Buildings Attorney Horan explained that the building department identified four unsafe buildings. The decision is to demolish the buildings. The board authorized the Town Attorney to do a tittle search on the properties. Councilman Beale argued that code enforcement has the right to post placards to indicate imenent danger of collapse. Judith approached the board to explain the 4 structures. She handed a document to the board but not to the town clerk for publishing in these minutes. She went out to all 4 properties today. The house at 16 Dogwood Road has a roof that is collapsing. The house at 1159 Route 376 has a partial collapse. The house at 101 Old Post Road has visual signs of collapse. The house at 120 New Hamburg Road has a collapsed floor. Town of Wappinger Page 3 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 4. Motion To: Authorize Authorize Attorney to Establish a Hearing of All Four Property Owners, Filing with the County Clerk, Mortgage Search, and Resident Notification RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips 5. MOA with Metro -North for Bank Street Railroad Crossing Attorney Horan explained the MOA between the Town and Metro North. To put sleves under the railroad tracks to deliver water and utilities to the river side of the tracks. RESOLUTION: 2023-92 Resolution Authorizing Memorandum Of Agreement With Metro North For Betterments At Bank Street Railroad Crossing WHEREAS, Metro -North is an operating agency of the Metropolitan Transportation Authority (the "MTA"); and WHEREAS, Metro -North operates and maintains grade crossing protection devices at the Bank Street railroad crossing in the Chelsea Hamlet (the "Crossing:") that are intended to reduce the risk of accidents or incidents involving trains coming into contact with vehicles or pedestrians crossing the tracks; and WHEREAS, because of the priority which Metro -North gives to conducting rail operations in a manner that protects the safety of its employees, passengers, and the general public, and the emergence of new technologies, Metro -North is evaluating whether additional grade crossing protection or other safety measures would be appropriate at certain grade crossings; and WHEREAS, the Town owns and maintains the portion of Bank Street which crosses over Metro - North's tracks mentioned above; and WHEREAS, Metro -North and the Town have concluded that it is appropriate to install certain grade crossing protection devices at the Crossing, as well as other safety measures, in the interest of enhancing public safety; and WHEREAS, Metro -North and the Town have also concluded that it is appropriate to install sleeves under Metro -North's right of way at the Crossing for the Town's water and sewer needs; and WHEREAS, Metro -North and the Town wish to work together to provide for the design, construction and installation of such grade crossing protection devices, other safety measures, and sleeves; and WHEREAS, certain Federal Highway Administration ("FHWA") grant funds are being advanced to the State of New York (the "State"), acting by and through the New York State Department of Transportation ("NYSDOT"), which will in turn be disbursed by NYSDOT to the Town of Wappinger Page 4 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 MTA to defray the costs of designing, constructing, and installing such additional grade crossing protection devices, other safety measures, and sleeves; and WHEREAS, Metro -North and the Town wish to enter into a Memorandum of Agreement in the form annexed hereto that is intended to set out terms and conditions governing the relationship between Metro -North and the Town with respect to the design, construction, installation, maintenance, and repair of such additional grade crossing protection devices, other safety measures, and sleeves , and the application of federal grant funds to the costs thereof. WHEREAS, the Town Board has reviewed the Agreement and believes that it is in the best interest of the Town to execute such Agreement; NOW, THEREFORE, BE IT RESOLVED, that: 1. The Town Board hereby accepts the terms of the Memorandum of Agreement for the Bank Street Crossing Improvements, and the Town Board hereby authorizes the Supervisor to sign said MOU on behalf of the Town; and 2. Funding for the installation of the sleeves for water & sewer are contingent upon the approval of the New York State Department of Transportation. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-92 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. BealeSeconder .................... 0 ....... .... ❑ ....... .. ❑ El............ El Tabled Angela Bettina Mover . . ..... El .... ❑ .....,...... ❑ ......,..... El ... ❑ WithdrawnChristopher Phillips Voter„ 11111 ❑ ❑ El D Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 24, 2023 The Resolution is hereby duly declared Adopted. 7. Boat Ramp Grant Application Authorization Engineer Moot explained the Boat Ramp Grant using the Environmental Protection Fund at about $500,000. Timetable is December. RESOLUTION: 2023-89 Resolution Authorizing Application For A Grant Under Environmental Protection Fund Program For Wappinger Hudson River Access Improvements WHEREAS, the Town of Wappinger seeks to apply to New York State Office of Parks, Recreation & Historic Preservation for a grant under the Environmental Protection Fund Program for a project titled Wappinger Hudson River Access Improvements (the Pro)ect); and WHEREAS, the grant application requires the applicant municipality to obtain the approval/ endorsement of the governing body of the municipality or municipalities in which the Town of Wappinger Page 5 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 project will be located; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby approve and endorse the application for a grant under the Environmental Protection Fund Program for a project titled Wappinger Hudson River Access Improvements; and BE IT FURTHER RESOLVED that the Town Board authorizes the Town Supervisor, the Engineers to the Town, the Attorneys to the Town and its Grant Writer to sign and execute any documents associated with the Environmental Protection Fund Program Grant Application. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2023-89 Yes/Aye No/Nay Abstain Absent D Adopted ........ El Adopted as Amended Richard Thurston Voter D ❑ ❑ ❑ ❑ DefeatedWilliam H. Beale ................. Mover D ❑ ❑ ❑ El Tabled Angela Bettina Seconder .................. D ❑ El❑ El Withdrawn Christopher Phillips .................. .. Voter ❑ ❑ ................ ❑ El Al Casella Voter D ❑ El................ ❑ Dated: Wappingers Falls, New York July 24, 2023 The Resolution is hereby duly declared Adopted. 9. Veterans Advisory Group Update - Kevin Hathorn Kevin Hathorn handed out a document to the board but not to the Town Clerk for publishing in these minutes. He discussed a fire pit for town hall. He discussed the banner program. 10. Acquisition of Utility Easement for Wildwood Sewer District connection to Tri -Municipal Sewer Plant Attorney Horan explained the permit requirements either replacing or re -habilitating the plant. The details of the Wildwood route are on the town website video. Construction schedule is pending, and easements are required. The easements through Woodhill Green are through parking areas. The easement from Wildwood to Woodhill Green would be down New Hackensack Road. RESOLUTION: 2023-98 Resolution Authorizing The Town Attorney To Prepare Documents Necessary For The Condemnation Of Any And All Easements Necessary For The Connection Of The Wildwood Sewer District To The Tri -Municipal Sewer Plant Under The Eminent Domain Proceedings Law WHEREAS, the Town Board of the Town of Wappinger determined that the construction of improvements to the Wildwood Sewer District would not result in any significant adverse environmental impact; and WHEREAS, the Town Board of the Town of Wappinger adopted a bond resolution on February 24, 2020, to fund the capital project for the improvements to the Wildwood Sewer District by Resolution 2020-71; and Town of Wappinger Page 6 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 WHEREAS, Engineers to the Town CPL have prepared plans for the construction of such improvements consisting of the construction of a pump station, force sewer main and sanitary sewer main from the existing Wildwood Sewer Plant to the Village of Wappingers Falls, including incidental improvements and expenses in connection therewith, and WHEREAS, the preferred route for the sewer mains commences at a connection point with the existing sewer plant located off New Hackensack Road and then running along New Hackensack Road to the Woodhill Green Condominium, thence through the Woodhill Green Condominium to Route 9 and under Route 9 to connect with the Village of Wappingers Falls sewer system; and WHEREAS, most of the construction shall occur within the public rights of way, but some easements are required over private property, including the property of Woodhill Green Condominium, in order to construct these improvements; and WHEREAS, the Town has entered into an agreement with New York State Environmental Facilities Corporation which contains a specific construction schedule that must be adhered to and the easements necessary for construction must be obtained promptly; and WHEREAS, the Town Board has determined that it is necessary to authorize the Attorney to the Town and the Engineers to the Town to begin preparing the necessary documents to commence proceedings in accordance with the Eminent Domain Proceedings Law in order to acquire the necessary easements over the affected properties to proceed with construction of the sewer mains; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby authorizes Wallace & Wallace, LLP, Attorneys to the Town, to prepare the documents necessary to commence proceedings to acquire easements pursuant to the Eminent Domain Proceedings Law of the State of New York and pursuant to Town Law §64(2). 2. The Town Board hereby authorizes the Engineers to the Town CPL to prepare all necessary takings maps and any other documents necessary to assist the Attorney to the Town with respect to the eminent domain proceedings. 3. The Attorney to the Town is authorized to consult with the assessor and make an offer of settlement to all property owners pursuant to the Eminent Domain Proceedings Law, for the appraised value of the easement or fee title to be appropriated. 4. The Supervisor, the Attorney to the Town, and the Engineers to the Town are authorized to negotiate on behalf of the Town and the Wildwood Sewer District for the acquisition of the necessary easements. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2023-98 Yes/Aye No/Nay Abstain Absent D Adopted ........ El Adopted as Amended Richard Thurston Voter D .... ❑ El❑ ElDefeated William H. Beale ................. Voter D ❑ ❑ ❑ El Tabled Angela Bettina ... Seconder ................... D ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Voter ❑ ....... ❑ ................. ❑ ................ 0 Al Casella Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York July 24, 2023 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 7 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 12. Grant Application for MidPoint Park WWTP Improvements The additional grant is for improvements on INI. Tim Moot discussed the alternatives. Either replace the plant for $9.7 million, send the effluent to Tri -Muni for $16.7 million, or send to East Fishkill for $24.4 million. This has to be done no matter what. RESOLUTION: 2023-90 Resolution Authorizing Application For A Grant Under The Water Quality Improvements Program For Mid -Point Park I&I Improvements WHEREAS, the Town of Wappinger seeks to apply to New York State Department of Environmental Conservation for a grant under the Water Quality Improvement Program for a project entitled Mid -Point Park Inflow & Infiltration Improvements (the Pro)ect); and WHEREAS, the grant application requires the applicant municipality to obtain the approval/ endorsement of the governing body of the municipality or municipalities in which the project will be located; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby approve and endorse the application for a grant under the Water Quality Improvement Program for a project entitled Mid -Point Park Inflow & Infiltration Improvements located within this community; and BE IT FURTHER RESOLVED that the Town Board authorizes the Town Supervisor, the Engineers to the Town, the Attorneys to the Town and its Grant Writer to sign and execute any documents associated with the WQIP Grant Application. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2023-90 Yes/Aye No/Nay Abstain Absent D Adopted ........ El Adopted as Amended Richard Thurston Voter D .... ❑ El❑ ElDefeated William H. Beale ................. Voter D ❑ ❑ ❑ El Tabled Angela Bettina Seconder .................. D ❑ El❑ El WithdrawnI I'll Christopher Phillips .................. .. Voter ❑ ❑ ................ ❑ El Al Casella Mover D ❑ El................ ❑ Dated: Wappingers Falls, New York July 24, 2023 The Resolution is hereby duly declared Adopted. 14. Martz Pickleball and Tennis Court Re -surfacing Councilman Casella explained the details which are available on the Town's website video. The proposal is for $29,334 for 12 Pickle board courts. RESOLUTION: 2023-95 Resolution Authorizing Contract For Pickleball Court Improvements At Martz Field WHEREAS, the Town seeks to improve the pickleball courts at Martz Field; and Town of Wappinger Page 8 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 WHEREAS, the Town has received a contract proposal from Crafco, Inc. in the amount of $29,334.00 in the form attached hereto which is under a cooperative purchase agreement through the Keystone Purchasing Network Contract 4201801-01; and WHEREAS, Crafco, Inc. is resurfacing the tennis courts at Martz Field; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board has reviewed the proposal of Crafco, Inc. and authorizes a cooperative purchase contract with Crafco, Inc. in the amount of $29,334.00 and in accordance with the terms of the proposal attached. 2. The Town Board hereby authorizes the Supervisor to execute the contract documents on behalf of the Town. 3. Appropriation for this contract shall be made from Unallocated B Fund Balance and the Comptroller shall amend the budget accordingly. 4. Payment shall be made upon vouchers reviewed and approved as required by law. 5. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: J Vote Record - Resolution RES -2023-95 Yes/Aye.. No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter 0Wi ❑ ,.... ..❑ ......,.... El ..❑.. ....,......❑..... El Defeated lliam HB . eale .................... V oter D ..... ❑ Tabled Angela Bettina ... Seconder ................... D ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Voter ❑ ....... ❑ ................. ❑ ................ 0 Al Casella Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York July 24, 2023 The Resolution is hereby duly declared Adopted. 16. Discussion of Pilot Agreement for Solar projects Attorney Horan explained that Solar Panel farms are exempt from taxation. The Attorney will negotiate $6,500 was suggested per Megawatt. RESOLUTION: 2023-97 Resolution Authorizing Payment In Lieu Of Taxes Agreement With Old Myers NY, LLC WHEREAS, Old Myers LLC ("Owner") owns a 38.09 -acre parcel of farmland located in the Town of Wappinger, County of Dutchess on Myers Corners Road having a Tax Id Number 6258-03-376432; and WHEREAS, the Owner intends to construct a solar farm of approximately 2.0 Megawatts AC on the property; and WHEREAS, the Town of Wappinger Planning Board has granted Site Plan and Special Permit Approval to the proposed Solar Farm; and WHEREAS, Solar Energy Systems are entitled to an exemption from real property taxes pursuant to NY Real Property Tax Law §487; and WHEREAS, the Town of Wappinger has not opted out of the exemption provided by RPTL §487; and Town of Wappinger Page 9 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 WHEREAS, the Owner has submitted, or will submit, to the assessor of the Town of Wappinger a RP -487 Application for Tax Exemption of Solar or Wind Energy Systems or Farm Waste Energy Systems, demonstrating its eligibility for a real property tax exemption pursuant to RPTL Section 487; and WHEREAS, pursuant to RPTL § 487 (9)(a), the Town has indicated its intent to require a Payment in Lieu of Taxes ("PILOT") Agreement with the Owner, under which the Owner (or any successor owner of the Project) will be required to make annual payments to each of the Taxing Jurisdictions for each year during the fifteen -year term of the exemption; and WHEREAS, the Owner has proposed a Payment in Lieu of Taxes (PILOT) Agreement with the Town of Wappinger, the County of Dutchess and the Wappinger Central School District in accordance with RPTL § 487; and WHEREAS, the Wappinger Central School District has approved a PILOT agreement for the project and the County of Dutchess is considering the PILOT agreement; and WHEREAS, a Draft PILOT agreement has been provided to and reviewed by the Attorney to the Town; and WHEREAS, the PILOT Agreement provides for a pro -rated sharing of the PILOT Revenue between the taxing jurisdictions based upon the amount of $2,700 per Megawatt of solar farm capacity with a 2 percent escalator per year for 15 years, which term is the life of the tax exemption for solar energy systems pursuant to RPTL § 487; and WHEREAS, for example in year one of the agreement the total PILOT would be $5,400 which would be allocated as follows: School $4,187.47, Town $702.14 and County $702.14; and WHEREAS, the construction of a Solar Farm is consistent with the energy policies of the State of New York; and WHEREAS, the land on which this Solar Farm is constructed will continue to be used as agricultural land and the rental income from the solar farm will provide income to continue the agricultural use; and WHEREAS, the Town Board believes that it is in the interest of the Town of Wappinger to enter into the annexed PILOT agreement. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby authorizes the Supervisor to sign the annexed PAYMENT IN LIEU OF TAXES AGREEMENT FOR SOLAR ENERGY SYSTEMS with the Old Myers NY LLC on behalf of the Town of Wappinger for a 2.00 MW AC Solar Farm on Tax Parcel 6258-03-376432. The Town Board authorizes and directs that the Town Clerk forward certified copies of this resolution to the Town Assessor, the Dutchess County Real Property Tax Services Agency Director and the Wappinger Central School District. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-97 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter0 ❑ El❑ Elm Defeated WilliaH. Beale .......................Voter ............. D ..... .........❑ ..... ...... ❑...... .... ❑ .... 0 Tabled Angela Bettina Seconder 0 ❑ El ElElWithdrawn Christopher Phillips Voter ❑ ❑ El 0 Next: 8/21/23 7:00 PM Al Casella.......... „ ..................Mover ........... D ................❑ ................ El................ El..... Dated: Wappingers Falls, New York July 24, 2023 Town of Wappinger Page 10 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 The Resolution is hereby duly declared Tabled. 18. Nature Preserve Tenancy Agreement Attorney Horan explained the water connection is with the HOA. The temporary hookup is still in place and they have NOT been charged for the water usage nor the buy -in. The buy -in fee is still in question. Councilman Casella suggested a deadline for paying the buy -in fee on behalf of the United Wappinger Water District residents. Councilman Casella pointed out that they have not been billed for the water. The purpose of the buy -in as outlined in our town code under Chapter 236 Water and Sewer Charges; is to charge new entrants into the United Wappinger Water District such the owners or existing resident who paid for the years of infrastructure would be kept whole such that new entrants would be charged an amount as if they had been owners from day one. VII. Resolutions RESOLUTION: 2023-91 Resolution Adopting Local Law No. 3 Of The Year 2023 Entitled "Amending Chapter 122 Of The Code Of The Town Of Wappinger To Update Fees And Fines." WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "Amending Chapter 122 of the Code of the Town of Wappinger to Update Fees and Fines." for consideration by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, the Town Board determined that the proposed action does not affect the environment and is not subject to SEQRA; and WHEREAS, a Public Hearing was held on July 24, 2023, 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, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; 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, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "Amending Chapter 122 of the Code of the Town of Wappinger to Update Fees and Fines.", as Local Law of 2023 a copy of which is attached hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED, that 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 shall file the Local Law with the Secretary of State of New York as provided by law and the Zoning Map of the Town shall be amended to reflect the change; and BE IT FURTHER RESOLVED, that this Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 11 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 Vote Record - Resolution RES -2023-91 ❑ Adopted Yes/Aye No/Nay Abstain Absent ElAdopted as Amended Richard ThurstonVoter El ❑ El ❑ El Defeated William H. Beale ........................ V oter ... D ...................... ❑ ..... ..................... ❑ ..... ❑ 0 Tabled Anela Bettina ......................... g DSeconder........ ..... .........❑ ............... ❑............... ❑ .... Withdrawn El Christopher Phillips Voter❑ ❑ El 0 Next: 8/21/23 7:OO PM Al Casella Mover El..... ❑ ❑ ❑ Dated: Wappingers Falls, New York July 24, 2023 The Resolution is hereby duly declared Tabled. RESOLUTION: 2023-88 Resolution Appointing Seasonal Laborers WHEREAS, the Town Board has determined that hiring seasonal employees in the Buildings and Grounds Department to assist with the repairs and maintenance of Town Buildings and Grounds is necessary; and WHEREAS, the Rules of the Dutchess County Department of Human Resources authorizes the appointment of employees by the Town on a seasonal basis; and WHEREAS, the Supervisor of Buildings and Grounds recommends the appointment of three employees as Groundskeepers on a seasonal basis; NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby appoints Thomas Johnston as Seasonal Laborers who shall be compensated at $18.00 per hour out of budget line B.7110.0120 with a starting date retroactive to April 11, 2023. 2. The Town Board hereby appoints Ethan Rastaudt as Seasonal Laborers who shall be compensated at $20.06 per hour out of budget line B.7110.0121 with a starting date retroactive to July 13, 2023. The Town Board hereby appoints Christopher Cato as Seasonal Laborers who shall be compensated at $20.06 per hour out of budget line B.7110.0122 with a starting date retroactive to July 18, 2023. Christopher Cato resigned effective July 18, 2023. 4. This appointment is a seasonal appointment in accordance with the rules of the Dutchess County Department of Human Resources. This appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 6. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. 7. The 2023 Budget makes appropriations for this position. Town of Wappinger Page 12 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2023-88 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston .. Seconder ........(✓7........ 0 ,...... ❑ ❑ ... ,.... ,. ❑ ❑ Defeated William H. Beale ...................... Mover ❑ ❑.. ❑ ... ❑ TabledAngela Bettina Voter... . ..... 0 .... ❑ .....,...... E']......,..... E']... ElWithdrawn Christopher Phillips Voter '1111111❑ ❑ ❑ D Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 24, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-101 Resolution Appointing And Promoting Personnel In Buildings & Grounds Department of Labor WHEREAS, the Supervisor of Buildings and Grounds has requested that the Town Board create the Civil Service Title of Senior Laborer for the Town of Wappinger and create additional positions in the Laborer title to expand the duties of the positions in his Department; and WHEREAS, the Town of Wappinger and the TEAMSTERS UNION LOCAL 445 approved a Memorandum of Agreement regarding salaries for the above noted title; and WHEREAS, Town Board has determined that creation of these positions in the Buildings and Grounds Department to assist with the repairs and maintenance of Town Buildings and Grounds is necessary; and WHEREAS, the positions of Senior Laborer and Laborer are Non-competitive positions under the Rules of Dutchess County Human Resources so there is no requirement to canvass from a civil service list; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby promotes Richard Meddaugh to Senior Laborer who shall be compensated at $22.56 per hour out of budget line B.7110.0113 with a promotion date retroactive to July 17, 2023. 2. The Town Board hereby promotes David Pilon to Laborer who shall be compensated at $21.06 per hour out of budget line B.7110.01110 with a promotion date of July 24, 2023. 3. The Town Board hereby promotes Joseph Velders to Laborer who shall be compensated at $21.06 per hour out of budget line B.7110.01114 with a promotion date of July 24, 2023. 4. The Town Board hereby retroactively appoints Joseph Velders to Laborer with a starting date of June 26, 2023, who was compensated at $20.06 per hour out of budget line B.7110.01114 from June 26, 2023 until his promotion date of July 24, 2023 as noted Town of Wappinger Page 13 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 above. 5. These appointments are subject to the approval of the Dutchess County Department of Human Resources and are further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 6. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. 7. The 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. 8. The 2023 Budget makes appropriations for these positions. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2023-101 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as AmendedRichard Thurston Voter D ❑ ..❑......,.... ..❑.......,.......❑ ElElElDefeated WilliamH.Beale.................... Mover. . ..... D .....,.... ........... . ........... ... ❑ Tabled Angela Bettina ... Voter .. ............ ..... D .... ... ❑ .....,...... ❑ ........... ... ❑ ... ❑ Withdrawn Christopher Phillips Voter ❑ ....... ❑ ................. ❑ ................ El Al Casella Seconder D ❑ ❑ ❑ Dated: Wappingers Falls, New York July 24, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-93 Resolution Establishing Title Of Assistant Recreation Director And Appointing Person WHEREAS, the Town Board wishes to establish the position of Assistant Recreation Director for the Town of Wappinger; and WHEREAS, the Assistant Recreation Director job tittle is a Competitive Position under the Civil Service Rules of Dutchess County Human Resources having the duties and qualification listed in the attached job description; and WHEREAS, the position of Assistant Recreation Director is not currently categorized under the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 ("CBA"); and WHEREAS, the Town Board has determined that the creation of the Assistant Recreation Director position will benefit the residents of the Town of Wappinger; and WHEREAS, the intention to fill the vacancy has been posted in accordance with the CBA; and WHEREAS, Dutchess County Human Resources does not currently have an active canvassing list for the position of Assistant Recreation Director so the Town may appoint a person to the title provisionally; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby creates the position of Assistant Recreation Director for the Town of Wappinger with the duties and qualifications in the attached job description from Town of Wappinger Page 14 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 Dutchess County Human Resources and the Town Board agrees that the position shall fall within the Collective Bargaining Unit for the CBA. 2. The Town Board hereby promotes Cheryl Migatz to the position of Full -Time Assistant Recreation Director as a provisional Civil Service Appointment pending a satisfactory score on a future Civil Service Examination for the position effective as of July 17, 2023. 3. The appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 4. The Town Human Resources Department shall file the paperwork necessary to effectuate this appointment with the Dutchess County Department of Human Resources and any other required agency. 5. The appointment is subject to a probationary term of not less than eight nor more than twenty-six weeks in accordance with the rules of the Dutchess County Department of Human Resources. 6. Compensation for the Assistant Recreation Director shall be at a rate of $23.40 per hour and paid in accordance with the terms of the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 from budget line B.7020.102. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-93 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter 0 ❑ ❑ ❑ ❑ Defeated William H. BealeSeconder .................... 0 ....... ....... .. .... ❑ ❑ El............ El Tabled Angela Bettina Voter... . ..... El .... ❑ .....,...... ❑ ......,..... El ... ❑ WithdrawnChristopher Phillips Voter ❑ ❑ El D Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 24, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-96 Resolution Promoting Person To Deputy Court Clerk WHEREAS, pursuant to Town Law § 20 and Uniform Justice Court Act § 109, the Town Board shall provide such non judicial personnel for the Town Justice Court as is necessary; and WHEREAS, the Clerks of the Court are employed only upon the advice and consent of the Town Justices pursuant to Town Law § 20; and WHEREAS, the Town Justices recommend the promotion of Emily Foss from the position of Clerk to the Justice to fill the vacancy in the position of Deputy Court Clerk; now, therefore. BE IT RESOLVED, that the Town Board, with the consent of the Town Justices, promotes Emily Foss to the position of Deputy Court Clerk with her compensation at the rate of $26.91 per hour in accordance with the terms of the CBA and as established in the 2023 budget; and Town of Wappinger Page 15 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 BE IT FURTHER RESOLVED, that the above appointment is an Exempt Civil Service Position in accordance with the rules of the Dutchess County Department of Human Resources; and BE IT FURTHER RESOLVED, that the above appointment is subject to the approval of the Dutchess County Department of Human Resources and are further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources; and BE IT FURTHER RESOLVED, that all necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources; and BE IT FURTHER RESOLVED, that the Clerk of the Court shall file with the Office of Court Administration any documentation necessary to effectuate the intent of this resolution. BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-96 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Richard Thurston Voter DWi ❑ ..❑......,.... El ..❑.................. El....... Defeated lliarnH B .eale.................... V oter... . ..... D .....,.... ❑... ❑ Tabled Angela Bettina ... Mover. .................. .... D .... .... ❑ ............ ❑ ........... ❑ ... ❑ Withdrawn Christopher Phillips Voter ❑ ....... ❑ ................. ❑ ................ El Al Casella Seconder D ❑ ❑ ❑ Dated: Wappingers Falls, New York July 24, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-99 Resolution Authorizing Application Of Tri -Municipal Sewer Commission For A Grant Under NYS EFC Engineering Planning Grant For Regional Chlorine Elimination Study WHEREAS, the Town of Wappinger is a tenant to the wastewater treatment plant operated by the Tri -Municipal Sewer Commission and utilizes generates approximately half of its usage on average; and WHEREAS, New York State Department of Environmental Conservation will be lowering the allowable standards for the discharge of chlorine in the effluent from licensed wastewater treatment plants; and WHEREAS, reducing or eliminating residual chloring from the Tri -Municipal Sewage Treatment Plant effluent will improve Hudson River water quality and protect it's vital ecosystem; and WHEREAS, the Tri -Municipal Sewer Commission is seeking a grant from the NYS Environmental Facilities Corporation for and Engineering Planning Grant for a Regional Chlorine Elimination Study that will prepare the Tri -Municipal Sewer Commission with the initial planning step for making necessary upgrades to the disinfection process; and WHEREAS, the EPG grant application requires the applicant municipalities to obtain the approval/ endorsement of the governing body of the municipality or municipalities in which the Town of Wappinger Page 16 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 project will be located; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby approve and endorse the application of the Tri -Municipal Sewer Commission for a grant under the NYS Environmental Facilities Corporation Engineering Planning Grant for a Regional Chlorine Elimination Study; and BE IT FURTHER RESOLVED that the Town Board authorizes the Town Supervisor, the Engineers to the Town, the Attorneys to the Town and its Grant Writer to sign and execute any documents associated with the NYS Environmental Facilities Corporation Engineering Planning Grant Application. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-99 0 Adopted Corresponden e Log - 2023-07-24 ❑ Defeated Number To From [tate Yes/Aye.. No/Nay Abstain Absent D Adopted 7/17/2823 2823 Town Re -Levies 7/24/2823 87-24-882 Town Board Barbara Roberti 7117/2823 ❑ Adopted as Amended Richard Thurston .. Voter .. 0 ❑ ,"... ..❑ . ❑ ❑ ❑ Defeated ..William H. Beale ...................... ............ "..... Mover D ...... "".. ❑ .. . ❑ ... El Tabled Angela Bettina Seconder ..... D .... ❑ .....,...... El......,..... El... El Withdrawn Christopher Phillips Voter ❑ ❑ El D Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 24, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-100 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 -2023-100 0 Adopted Corresponden e Log - 2023-07-24 ❑ Defeated Number To From [tate Date Rec` Re: Agenda Date 87-24-881 Supervisor Catherine Weisse - DC Real Property 7114/2823 7/17/2823 2823 Town Re -Levies 7/24/2823 87-24-882 Town Board Barbara Roberti 7117/2823 7/18/2823 PerE & Maint. Bonds June and Jul 7/24/2823 87-24-883 Town Board Town Justices 7/6612823 712812.823 Justice Monthly Re orfs 712412823 87-24-884 Town Board Tax Receiver 712812823 7/2812823 June Monthly Re orf 712412823 87-24-885 Town Board 'villa Picante Tacos & Mas 711212823 7!18/2823 Li uor License Appkhon 7/24/2823 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 -2023-100 0 Adopted ... ..... ❑ Adopted as Amended Yes/Aye... No/Nay Abstain...... Absent.... ..................... ❑ Defeated Richard Thurston Voter 0 ❑ ❑ ❑ .... ..... ......... .. ............ .. .. ........... ❑ Tabled William H. Beale Seconder D ❑ ❑ ❑ Town of Wappinger Page 17 Printed 7/26/2023 Regular Meeting Minutes July 24, 2023 ❑ Withdrawn Angela Bettina Mover El ❑ ❑ ❑ Christopher Phillips ................ Voter... ❑ ❑ ❑ El ... Al Casella Voter D ❑ El❑ Dated: Wappingers Falls, New York July 24, 2023 The Resolution is hereby duly declared Adopted. VIII. Adjournment Motion To: Wappinger Adjournment & Signature COMMENTS - Current Meeting: The meeting adjourned at 9:17 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips Town of Wappinger Page 18 Printed 7/26/2023 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-94 Meeting: 07/24/23 07:00 PM Department: Town Clerk Category: Special Districts Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 5983 Resolution Authorizing CPL To Prepare Plans For Municipal Stormwater Improvements For Certain Properties On Sherwood Heights And Carmel Heights WHEREAS, the Town of Wappinger is subject to the MS -4 regulations of the USEPA and the NYS Department of Environmental Conservation; and WHEREAS, owners of the Town of Wappinger have reported erosion conditions on properties located on Sherwood Heights and Carmel Heights that are causing the discharge of sediment into the MS -4 systems of the Town of Wappinger and the County of Dutchess on All Angels Hill Road; and WHEREAS, the Town needs professional engineering services to analyze the area contributing stormwater to the affected area and to design effective stormwater practices to reduce erosion and effectively convey the stormwater into the MS -4 systems, minimizing sediments entering into the system; and WHEREAS, the Town has received a proposal from CPL, a duly licensed engineering firm, to provide the required stormwater investigation and designs; and WHEREAS, the professional services of an engineer are not subject to competitive bidding; now, therefore BE IT RESOLVED, that the Town Board has reviewed the attached proposal from CPL in the amount of $13,000 and has determined that it is reasonable and the Supervisor is hereby authorized to sign the proposal on behalf of the Town; and BE IT FURTHER RESOLVED, that appropriation for this proposal shall be made from Unallocated B Fund Balance and the Comptroller shall amend the budget accordingly; and BE IT FURTHER RESOLVED, that payment shall be made upon vouchers reviewed and approved as required by law; and BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips Updated: 7/20/2023 1:51 PM by Joseph P. Paoloni Page 1 CO J u ly 20, 2023 Richard Thurston, Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 RE: Proposal for Drainage Improvement Plan -34 Sherwood Height and 8 Carmel Heights Town of Wappinger Dear Supervisor Thurston and Town Board Members: Pursuant to the meeting that was held at Town Hall on July 11, 2023 regarding the above referenced properties, CPL is pleased to provide the Town with this proposal for professional services. Below is a description of CPL'S anticipated scope of services and associated costs, and attached is a detailed proposal from our Survey Sub -Consultant which is based on required prevailing wage rates for New York State. Task 1 - Survey Please refer to the attached proposal from our Survey Sub -Consultant for a detailed description of the survey services to be performed for this project. The surveyors will coordinate with our office and all required utility companies (e.g., CAMO Pollution Control) to locate all existing utilities and features that may impact the desired drainage improvements. The total cost for the survey work is $10,500.00, which is based on required prevailing wage rates in New York State. Task 2 - Drainage Improvement Plan Upon completion of the survey services per Task and the attached survey proposal, CPL will perform a drainage analysis of the subject area and use the results to design a Swale/berm along the common property line between 34 Sherwood Heights and 8 Carmel Heights, as well as extending and improving an existing Swale along the southwest property line of 34 Sherwood Heights. The total cost for this work will be a maximum of $2,500, which includes two site visits during construction to ensure that the work is completed as designed. Cost Summary Task Task Total 1 - Survey $10500 2 - Drainage Improvement Plan $2,500 Total Estimated Cost $13,000 CPL Architecture I Engineering I Planning 26 IBM Road, Poughkeepsie, NY 12601 845.454.3411 CPLteam. 6% Richard Thurston, Supervisor J u ly 20, 2023 Page 2 of 2 Should you have any questions or require additional information, please do not hesitate to contact me. Very truly yours, CPL Jon Bodendorf, P.E. Senior Municipal Engineer Cc: Al Casella, Town Board Member Barbara Roberti, Director of Strategic Planning and Municipal Codes Judith Subrize, Deputy Zoning Administrator James Horan, Esq., Wallace & Wallace LLP Tim Moot, PG S:AProjects\Wappinger_T\_General\0-Project Management\Proposals\2023-0719 Proposal for Drainage Improvement Plan (Loh).docx 'A?dSi,CONTROL ASSOCIATES INC PC 'N ;r traditional methods I modern approaches CONTRACT July 19, 2023 VIA ELECTRONIC MAIL Jbodendorf(a)cpltem.com CPL Architecture Engineering Planning 26 IBM Road Poughkeepsie, New York 12601 ATTENTION: Jon Bodendorf, Senior Municipal Engineer HIM Dear Jon: 6.2.b 11 Highland, NY 12528 Tel: 845.691.73< cpasurvey.co Sherwood Heights & Carmel Heights Parcel ID: 6258-04-731297 & 745273 Town of Wappinger Dutchess County & State of New York CPA Project #12-230374-00 It is a pleasure to present our Contract for Professional Land Surveying Services to be rendered in connection with the above referenced project. More specifically identified within the work scope is the following: PHASE TS -0910: Topographic & Location Survey This task will include our office providing topographic, location and visible utility information within the above referenced parcel as outline in Exhibit A. Spot elevations will be obtained throughout the outline area to generate contours at [one (1)] foot intervals. The topography will be based upon approximate NAVD 1988 datum via GPS observations taken at the time of the survey. This information will be collectively compiled into an appropriately scaled AutoCAD drawing document. Fee for Phase TS -0910: $5,600.00 ) Approved Above fee includes adjustments for New York State Department of Labor prevailing wage and supplemental benefits PHASE SU -0070: Subsurface Utility Engineering (SUE) Quality Level B Survey: This phase will include your office providing record documents of the property. Upon review of same, our office will then conduct a Subsurface Utility Engineering (SUE) Quality Level B Survey investigation of the project limits utilizing ground penetrating radar (GPR) and electromagnetic utility detection equipment. Invert information of gravity storm and sanitary systems will be collected at all accessible structures. Additionally, the location of underground utilities and evident anomalies will be marked in the field using paint and/or flags as appropriate and depicted on an electronically drawn field sketch (not to scale). This phase will include GPS survey locations in the field for incorporation into base mapping for Phase TS -0910. Fee for Phase SU -0070: $4,900.00 ( ) Approved Control Point Associates, Inc. P.C. is pleased to announce the acquisition BDCDKS, �, 1YDKS of Brooks &Brooks Land Surveyors, P C. � N%wm�'Packet Pg. 22 P5 ?.'S,CONTROL POINT ASSOCIATES INC PC traditional methods I modern approaches Sherwood Heights & Town ol wappinger Dutchess County, New York P< If during the course of field survey, boundary analysis or deed review, an issue arises concerning the overall property boundary, your office will be notified immediately to discuss resolution. If this issue requires additional field work or research time to clarify, an estimate to identify same will be provided to you at that time. Furthermore, it is assumed that access to the site in question will be coordinated directly by your office. This will be required to fulfill our surveying requirements and must be established 48 hours prior to scheduling of field crews. Professional Land Surveying Services can be initiated immediately upon acceptance of this Contract, with our office anticipating completion within three (3) weeks thereafter. If adverse weather conditions encumber the performance of field activities, the time frame will be adjusted accordingly. Please note that due to freedom of information and manpower restrictions, mapping information, when available, from the required agencies may not be received for up to eight (8) weeks from the date of request. We will revise the survey, if necessary, if said information is received after the survey has been provided. Depending on the release of this contract, the survey may be produced during a time of emergency. Research sources may be closed or unavailable due to safety concerns. Online resources will be accessed to the extent possible, but some documents may CL be unavailable. When previously unavailable research is received, it might uncover additional information needing to be located a at the site, and therefore may require additional research and field survey. C H Invoices will be submitted as specific portions of the work scope identified have been completed or progress, with a payment due and payable within thirty (30) days of receipt of invoice. V a� E Additionally, attached to this Contract are the standard "Terms and Conditions" of all agreements between our firm and its .0 L clients. The attached standard "Terms and Conditions" shall form a part of this Contract and are incorporated herein by reference. �° Items NOT included in this Contract are: surveyed locations of utilities designated, vacuum excavation (QLA), confined space Q entry, securing any road opening permits/bonds, private underground utility markout, individual tree locations and identifications, wetland locations, detail stream/ditch/road cross sections, lot consolidation/subdivision plans, certified property owners list, revisions M as requested by reviewing agencies, filing fees, meeting attendance, title review, metes and bounds descriptions, flood elevation c certificates, surveyor's reports and certificates, return trips to the site to areas where access was previously denied, procuring police N details and traffic safety equipment and/or personnel, snow removal, reimbursable expenses or any other items not specifically outlined Co above. The above does NOT include MOT and or traffic control, permitting if lane closures are required by any reviewing agency, or �5 night work. c This document will be valid for forty-five (45) days from the date of execution by Control Point Associates Inc PC. If not accepted by the Client within this time period, this document shall become null and void. Additionally, the Contract aspect will expire twelve (12) months from the date of Acceptance by the Client. Any work not completed within this time period will be the subject of a new Contract. This Contract contains proprietary and confidential bid information of Control Point Associates Inc PC and shall not be used, disclosed or reproduced, in whole or in part, for any purpose other than to evaluate this Contract, without the prior written consent of Control Point Associates Inc PC. If the terms and conditions of this Contract are acceptable to you, kindly indicate your acceptance by signing below and returning this document as soon as possible. Should you have any questions pertaining to this matter or if I can provide any further assistance, please do not hesitate to contact me at your earliest convenience. Control Point Associates, Inc. P.C. is pleased to announce the acquisition BDCUKS, �, R(DKS of Brooks &Brooks Land Surveyors, PC.� N�wma,Packet Pg. 23 i ?.'S,CONTROL POINT Sherwood Heights &.2., Town ol wappinger ASSOCIATES INC P C Dutchess County, New York traditional methods I modern approaches Pt N N E N O L lZ We at Control Point Associates Inc PC would like to thank you for this opportunity to present our Contract for Professional E Land Surveying Services and look forward to establishing a relationship with you. TERMS & CONDITIONS ACCEPTED BY: y U 1I1:141 I I 10 D[yl 1111:] 011001 lei 0111:1100 9 Klelel leW By: Jon Bodendorf, Senior Municipal Engineer Very truly yours, CONTROL POINT ASSOCIATES INC PC PM-ri c P. e rov+—k Patricia Pauli Brooks, L.S. Branch Manager CN-r4for4At,r Grey Christopher Grey, L.S. Asst. Project Manager Date: PPB/sd O:ASurveys\2023\12-230374-00-CPL-SherwoodHeights-wappinger-NY-PPB\CONTRACTS\ORIG\2023-07-19-Cont-CPL-12-230374-OO.docx Reviewed By: CG Approved By: PPB Control Point Associates, Inc. P.C. is pleased to announce the acquisition BDCUKS, �, R(DKS of Brooks &Brooks Land Surveyors, P C. � N%wms'Packet Pg. 24 ?.'S,CONTROL POINT ASSOCIATES INC PC traditional methods I modern approaches Sherwood Heights & Town ol Wappinger Dutchess County, New York SUBSURFACE UTILITY ENGINEERING TERMS & CONDITIONS This document is incorporated in and fornts a part of the Contract between Control Point Associates, Inc. (the "Firnt"), and CPL Architecture Engineering Planning y (the "Client'), to which these Ternts and Conditions are attached: 1. CLIENT RESPONSIBILITY — The Firm anticipates the Client will A. Review Firm's documentation and other documentation with regard to the capabilities and limitations of Subsurface Utility Engineering techniques. L Q B. Provide reasonable assistance to Firm, when requested, in obtaining plans and other data available from utility owners. C. Provide plans for selected projects showing the project limits, alignrnent, centerline, profile, benchmark, and other data available from utility owners. D. Provide notification of adjacent property owners concerning markout activities. L E. Take all steps reasonably necessary to advise those individuals or entities that may rely on the designating services provided hereunder to use all appropriate precautions when conducting activities +�+ that may damage any underground utility. fC F. Client agrees to provide access and right of entry to the subject property for Firm's personnel and any equipment or materials necessary for the Firm to complete the Professional Services. Client further agrees to assist the Firm by providing to the Firm, promptly after the Firm's request, with all information pertaining to the Project which is the subject of the Contract, any Agreement regarding the Project, E if one exists and is applicable, and any other documents or materials related to an Agreement or the Project or referenced therein (collectively the "Contract Documents"), and/or these Terms and Conditions, including, but not limited to, existing plans, surveys, recorded deeds, correspondence, reports, specifications, subsurface reports, easement information, and any other related items or information, such that 0 the Film may perform and complete Professional Services in the most efficient fashion. W 2. LIMITATIONS ElectroMagnetic (EM) Scanning Methods - There are many factors which limit the ability of EM methods to positively identify and locate all underground utilities, particular those where there is no visual evidence or existing records to indicate their presence. The following is a list of the factors which will limit the successful performance of any utility scan: CL Signal Transmission — In order for a utility to be located with EM methods, it must be able to carry a signal. Signal transmission depends upon the material composition of the pipe, the condition of the U pipe, the existence of shielding, etc. Buried utilities may have loose joints or been expanded or repaired with differing materials (e.g. repairing a broken metallic water line with PVC piping). Direct buried cables are also difficult to trace over longer distances because of the continuous loss of transmitted signal directly to ground. Since signal transmission depends upon the conductivity of the pipe, even some metals, such as cast iron, which are not highly conductive can often be difficult to locate. The ability of the locator to overcome signal transmission challenges (joints, poor conductors, strict ding, etc.) is important, but some signal transmission challenges such as changes in pipe composition cannot be overcome. Access to Buildings — when access to existing buildings is not given, our technicians are not able to verify the existence and locations of utility services feeding those buildings. while these utilities may be designated by the use of inductive scans, performing conductive traces on these utilities is often times the only way to determine their location. a Available Records — when site information and/or drawings are not available or out-of-date, the ability of the technician to ensure that all utilities within the designated work area have been marked accurately and completely is reduced. Available records can also improve the productivity of the locator thereby reducing the overall cost to the customer. >— Access to Utility — while access to a utility is not necessary in order to trace the utility, inaccessibility will limit the thoroughness of the investigation. Often, the only way to identify a utility type is to trace it to a M known, accessible destination (manhole, valve, hydrant, building, etc.). Also, when attempting to isolate a target utility within congested areas, access to the utility is required. whenever manhole covers cannot be i pulled, buildings cannot be accessed, valves are buried, etc., the thoroughness of the investigation and performance of the locator is reduced. d Bleed-Over/Bonded Lines— Often times, buried utilities will share a common ground. The ground presents a common ground pathway in which utilities with low resistance can pick up transmitted signals. when 0 these circumstances exist, it can lead to utilities that are mismarked. Often times, the presence of additional utilities can be determined when bonded lines and signal bleed -over exists, but identification of the utility types cannot always be determined. In these cases, the ability of the locator to isolate targeted utilities becomes a factor, but utility identification can only occur when the signal can be traced to a known destination J point (above ground indicator or inside a building). d U Depth of Utility — In order for a utility to be designated, the signal placed onto the utility must be detectable from the ground surface. The ability of the Locator to overcome signal depth resolution is an important factor to successful performance. Utilities deeper than 15 feet are often difficult to locate. � 3. LIMITATIONS — GROUND PENETRATING RADAR (GPR) SURVEYS — Ground Penetrating Radar operates by transmitting pulses of ultra high frequency radio waves down into the ground through N an antenna. The transmitted energy is reflected from various buried objects or distinct contacts between different earth materials with varying dielectric properties. The antenna then receives the reflected L waves and stores them in the digital control unit. GPR is capable of horizontally designating both conductive and non-conductive utilities (the waves can be reflected by both metallic and non-metallic pipes). 0 The scope of work may provide private utility locating services with or without the use of GPR. The deliverables for each type of investigation will differ. ++ 7 4. LIMITATIONS —VERTICAL ELEVATIONS —Depths of utilities can be obtained using geophysical technologies but are not 100% reliable. As such, any vertical elevations provided using geophysical Q technologies is for reference only, and the Firm accepts no responsibility for errors associated with vertical elevations of utilities provided using geophysical methods. Precise vertical elevations of buried utilities required for design or construction projects can only be provided by carefully exposing the utility through vacuum excavation. 5. PROFESSIONAL RESPONSIBILITY —The Firm represents that it will perform the services described in the "Contract" attached hereto (the "Professional Services"), and in a manner consistent with that M level of care and skill ordinarily exercised by comparable professional films, under similar circumstances, at or near the same location, at the time the Firm performs the Professional Services. There are no other N representations to the Client, either expressed or implied. The Firm does not guarantee approval of or a specific result from the preparation of any plans and/or documents submitted for review. The Firm will C complete the Professional Services within a reasonable period of time consistent with applicable professional standards, subject to external parameters and delays and elements within the Firm's control, however, N the Film is not responsible for the timeliness of the Client obtaining applicable approvals, permits, or the like. The Film has no duty, obligation or responsibility to inspect, observe, comment, or report on the work (� of other contractors, vendors or material suppliers, or on conditions, of any nature whatsoever, which exist at, in, on, about, or near the project or property which is the subject of these Telcos and Conditions and the W Contract. W 6. PAYMENT TERMS — The Film agrees to perform the Professional Services and the Client agrees to pay the Film for the Professional Services described in the Contract, without regard to the success or p time of completion of the Project, but upon the Firm's completion of the Professional Services and invoicing Client for same. The Firm shall generate Invoices for Professional Services and expenses, O monthly. Payment for Invoices is due immediately upon Client's receipt of an Invoice and, in no event, later than thirty (30) day of mailing of an Invoice (the "Due Date"). If Client fails to pay an I* Invoice on or before the Due Date, the Firm reserves the right, three (3) days after the Firm delivers written notice to Client of said delinquency, to: 1) immediately cease all Professional Services: 11 - and 2) to pursue any and all remedies against Client. Client shall fully indemnify and hold the Firm harmless from and against any and all damages of any nature and kind whatsoever, without limitation, that result in whole or in part, from Firm's cessation of its Professional Services as described herein. There will be a 4% handling fee for any and all credit card transactions. M N In the event the Firm commences a legal action or pursues a claim of any kind or any collection effort against Client for an unpaid Invoice(s) or portion of same (collectively "Claim"), the Client agrees that it shall, in addition to owing the Firm for principal and interest in the amount of one percent (1%) per month commencing on the Due Date, also reimburse and be liable to the Firm for all N collection costs, including but not limited to, court costs, reasonable attorneys' fees, staff time, administrative time, in-house Counsel time, and any other related expenses in connection with the Firm's pursuit of a Claim (collectively "Collection Fees"). In the event the Firm possesses a Client retainer, the Firm may, at its option, apply monies paid as a retainer to the Firm's Final Invoice or to any J Invoice or delinquent Invoice(s), at any time, and Client specifically acknowledges and agrees to the Firm's right to do so. Once the Firm has been paid for all Professional Services and expenses, d the Firm shall refund any remaining retainer to the Client, after Client's request. The Firm reserves the right to modify or increase its billing rates on or after the year anniversary date of the Contract. V 4+ Client shall provide the Firm with written notice of any disputed charge(s) on or before the Due Date for an Invoice (the "Dispute Notice"). If Client fails to provide the Dispute Notice, Client agrees that it is i specifically waiving all rights to dispute said Invoice and any charges contained therein. If Client delivers the Dispute Notice to the Firm on or before the Invoice's Due Date, Client must pay the invoiced C amount to Firm, minus the disputed amount, by the Invoice Due Date. Client shall not withhold amounts not disputed. The Dispute Notice must set forth, in specific detail, all bases and reasons for Client disputing 9 said Invoice. Any bases and reasons that Client fails to include in the Dispute Notice are automatically and permanently waived. The Firm and Client shall attempt, in good faith, to promptly resolve disputed Invoices. If any dispute is subsequently resolved or settled in the Film's favor, then the Client shall pay the disputed amount previously withheld within ten (10) days of such resolution (or settlement) in r Firm's favor, including interest at the rate of one percent (1%) per month commencing on the Due Date for said Invoice through the date the Client pays said Invoice and all Collection Fees. If the dispute is ti subsequently resolved or settled in Client's favor, the Firm shall issue a credit on Client's subsequent hrvoice for the disputed amount resolved or settled in Client's favor. p 7. INDEMNIFICATION M A. TBE FIRM TO CLIENT: The Firm hereby agrees to indemnify and hold the Client and its current owners, officers, and directors harmless from, against and for any losses, injuries, damages, N O claims, judgments, expenses, including reasonable attorney's fees and reasonable litigation costs (collectively "Damages"), which are directly caused by the Firm's or the Firm's employees, N agents or subconsultant's negligence, gross negligence, action(s) and/or omissions(s) in the performance of professional services under the Contract; provided, however, that the Firm's . . obligation hereunder shall not exceed the percentage which the Firm is found liable and responsible for said Damages. After Client's request, the Firm will provide confirmation to the Client of the Firm's insurance coverage regarding professional liability and commercial liability coverage. N i B. CLIENT TO THE FIRM: Client hereby agrees to indemnify and hold the Firm, and its current owners, officers, directors, affiliates, employees, and subconsuRants (collectively "The Firm Parties") harmless from, against and for any Damages which are caused by Client's breach and/or violation of these Terms and Conditions, the underlying Contract, or the Contract Documents, and/or U the Client's or the Client's employees, agents or subconsuRant's negligence, gross negligence, action(s) and/or omissions(s) . Client includes the Client's agents, servants, employees, subcontractors, +c+ anyone or entity for whom Client is responsible and/or anyone acting by, thiough, on behalf of, or under the Client. Q Control Point Associates, Inc. P.C. is pleased to announce the acquisition BDCDKS, (, 1Y0)KS of Brooks &Brooks Land Surveyors, PC.A Packet Pg. 25 ?.'S,CONTROL POINT Sherwood Heights & Town of wappinger ASSOCIATES INC P C Dutchess County, New York traditional methods I modern approaches Pt SUBSURFACE UTILITY ENGINEERING N TERMS & CONDITIONS }' Cont'd N E 4) S. LIMITATION OF LIABILITY - It is agreed that any claim for damages, cost of defense, or expenses which the Client or any third party asserts or may assert against the Firm on account of any and all design > defects, errors, omissions, and professional negligence shall be limited to the amount of the Firm's fee for the specific Proposal or Work Authorization in question. Under no circurnstances shall the Film be liable C for extra costs or other consequences due to changed conditions or for costs related to the failure of the contractor or material men to install work in accordance with the plans and specifications. The limitation of L_ Q liability to the amount of the Firm's fee for a Proposal or Work Authorization is a specifically bargained -for provision of this agreement, reflected in Consultant's fees. The Consultant shall not be liable for errors in judgment or for any loss or damage, which occurs for any reason beyond the control of the Consultant. E L 9. OWNERSHIP OF DOCUMENTS — All reports, field data, data, notes, plans, calculations, estimates, drawing documents and other work and items which Firm creates or prepares, either in electronic format or 4) otherwise (collectively Firm Materials"), are instruments of service and the firm shall retain all common law, statutory, and other reserved rights, including, without limitation, the copyright thereto. The ( Y " ) Y, g gt1� final documents prepared under this Agreement shall become the property of the Client after Client fully pays the Firm for all Professional Services and expenses related to the Firm's creation of the Firm Materials. Client agrees that it shall immediately return to the Firm, upon Firm's demand, all Firm Materials which the Firm furnishes to the Client or Client's agents, servants, employees, subcontractors, any person or entity for whom Client is responsible and/or anyone acting by, through or under Client (collectively "The Client Parties") which are not fully paid for, and that same will not be used for any purpose other E than to complete the Project, other phases of the Project for which Firm prepared the Firm Materials, or any other project, whatsoever. During the time period when Firm is performing the Professional Q Services, the Firm will retain all pertinent records related to the Professional Services and the Firm Materials. Proprietary information and the Firm's intellectual property including, but not limited to, the 4' Firm's layering process for Plans (collectively "Proprietary Information"), are not included within the phrase Firm Materials and shall, without exception, remain the Firm's property and the Firm shall retain all ownership rights and interests to the Proprietary Irfformation under all circumstances, and without limitation. @ The Client agrees not to use or re -use the Film Materials, either in whole or in part, for any purpose other than for the Project and not to alter same. The Client agrees not to transfer, send, share, copy, convey or Q provide the Firm Materials to any individual or entity without the Firm's prior written consent and at the firm's election without executing the Firm's Standard Indemnification and Hold Harmless Agreement in the�j Firm's favor. The Client further covenants and agrees to waive any and all claims, actions, demands and causes of action, whether legal, equitable or otherwise, of every nahrre and description, that the Client has, had or may have against the Firm related to or resulting in any way either from the Client's unauthorized changes to (however small) or reuse of the Firm Materials for any other project, any other phase of the current Project, a any purpose by anyone other than the Firm (collectively "Misuse"). The Client agrees, to the fullest extent permitted by law, to indemnify, defend, and hold the Film and The Film Parties harmless from any and all claims, damages, losses, injuries, injury to property, injury to person, (h lawsuits, actions, causes of action, third party action(s), and the like and for all costs and expenses, including but not limited to, court costs, reasonable attorneys' fees, collection fees, staff time, administrative i time, in-house Counsel time, and any other related expenses (collectively "Claims, Damages and Costs") arising from or in any way related to Client's Misuse of the Firm Materials, changes made by anyone other <C than the Firm to the Firm Materials, or from any reuse of the Firm Materials without the Firm's prior written consent. Client agrees that the Film shall not be liable for any damage, injury to or death of persons, or d damage to property of Cfient or any other person or entity, from any cause whatsoever, arising from or in any way relating to Client's Misuse or reuse of the Firm Materials, changes made by anyone other than the Film to the Firm Materials, or from any reuse of the Film Materials without the Firm's prior written consent, which requirement of a writing cannot be waived. i The Film shall have the right to revoke any certification, statements, professionally sealed documents or plans (the "Firm's Documents") either if the Firm is made aware of the unauthorized or prohibited Q use of same by the Client, The Client Parties or any others, or based upon Client's failure to pay Invoices by the Due Date. The Client assumes the risk of any and all damages, injuries, claims and/or actions i that result from the unauthorized use of the Firm's Documents as described herein. 10. TERMINATION — Client may terminate the Contract if the Film fails to substantially perform under the Contract, after five (5) business days' written notice to the Firm and an opportunity for the Film to cure 0 during that time period. The Client may temainate this Contract for convenience after three (3) business days' written notice to the Firm of said intention. The Firm may terminate the Contract if Client breaches the Contract or these Terms and Conditions. The terminating party must provide the other party with three (3) business days' written notice, which Notice describes, in detail, the reasons, to the extant they exist, for the J termination. In the event either party terminates the Contract for any reason, Client shall pay the Film for all Professional Services the Film has performed and all expenses the Film has incurred up through and d including the termination date. The effective termination date is the third business day after the date the notice of termination is delivered, as described below in Article 14. 11. ASSIGNMENT —This document is binding upon the parties, their successors, representatives, employees, agents, servants and assigns. Neither the Firm nor the Client shall assign or transfer this document � or any interest herein without the other party's prior written consent and only after thirty (30) days; advance notice of intent to assign. The Firm may, without the Client's consent, subcontract any 'N portion of the Professional Services hereunder or under the Contract. 'L O 12. NO WAIVER— The failure of either party to insist, in any one or more instances, on the strict performance of any provisions of the Contract or these Terms and Conditions, or the failure of either party to exercise i any right, option or remedy hereby reserved and/or provided under the applicable law, shall not be construed as a waiver of any such provision, right, option or remedy, or as a waiver of a subsequent breach. The Firm's consent ora approval of an act b the Client requiring the Firm's consent or approval shall not be construed to waive or render unnecessary the requirement for the Film to consent or rove an subse nen PP Y Y 4 � PP a7' 4 PP Y 4 t, Q similar act by Client No provision of this document shall be deemed to have been waived unless such waiver shall be in writing and signed by the party to be charged with waiver. 13. EXERCISE OF REMEDIES —The parties to this document agree that the Firm's exercise of any one or more of the remedies set forth in these Terms and Conditions shall, at the Firm's option, constitute an exercise of the same remedy or remedies under any contract with Client. The parties agree that the Firm can terminate or suspend work under any contract with Client or entity with common ownership with I Client, if Client violates this Contract and/or these Terms and Conditions. Further, either party's exercise of any remedy hereunder or otherwise, shall not preclude that party from exercising other remedies which it M N is permitted to exercise under the law. The remedial right available to either party regarding the Contract or these Terms and Conditions may be exercised simultaneously, cumulatively, or alternatively as may be O necessary or appropriate to enforce such party's rights. 04 14. CONSEQUENTIAL DAMAGES — The Firm shall not be liable to the Client for consequential damages under any circumstances including, but not Limited to, as a result of the Firm's Termination of the W Contract pursuant to Articles 7 and/or 10, hereunder. LU 15. SEVERABILITY AND TITLES — The provisions of the Contract and these Terms and Conditions shall be severable, and if any provision of either shall be determined by any court of competent jurisdiction to be invalid, such determination shall not affect or invalidate the remainder of these Terms and Conditions or the Contract. The titles given to the Articles in this document are for ease of reference, oLL, and shall not O be relied upon or utilized for any other purpose. 16. THIRD PARTIES— Nothing contained in this document and/or the Contract shall create a contractttal relafionship with or cause of action in favor of any third party against the Film, The Film Pities, a the Client M O 17. NOTICES — Whenever in this document, or the Contract, written notice a demand is required or permitted, such notice or demand shall be deemed to have been given to, delivered or served upon the party intended to receive M the same if such notice is in writing addressed to that party at the address identified in the Contract, and sent or delivered either by (i) Registered or Certified Mail, return receipt requested, postage prepaid; (ii) Federal Express or N such other nationally recognized commercial, overnight, receipted delivery service; a (fi) hard delivery. Legal Counsel for any party hereto shall be entitled to give any notice for such party. The date of delivery of any notice N provided for herein shall be the date after the date of deposit to the overnight delivery service, or two days after the deposit if sent Certified Mail, return receipt requested, or the date of actttal delivery if laarrd-delivered, unless said � date falls on a weekend or legal holiday and their the date of delivery shall be the first non -holiday and non -weekend as outlined above. The person and place to which notice may be giverr may be charged from time to time by J the Client or the Film, upon written notice to the other, effective five (5) business days after delivery of such notice. U 18. ENTIRE AGREEMENT — This is a complete agreement Each paty hereto acknowledges its full understanding of, and agreement with this document and, thither, the paties agree and acknowledge that there are no verbal +�+ representations, promises, understandings or agreements in connection herewith, other than as contained in the Contract, that are not incorporated herein. All previous negotiations and agreements between the parties are merged into this document which, along with the Contract, fully and completely expresses the entire agreement between the parties hereto. The terms of this document may only be modified C by writing, signed by the parties hereto. This document is to be interpreted without regard to any rule of construction as to which party drafted this document 19. VENUE and GOVERNING LAW — An claims actions controversies, disputes, or the like must be brought in the Federal or State Count Court where the Firm is locate as indicated in the Contract. The Y P g Y d, � parties hereto understand, agree and acknowledge the above constitutes a waiver of a right that the parties might otherwise have to bring a claim, action, etc., in any other venue, jurisdiction or location. This ti document shall be deemed to have been made in and shall be governed by and construed in accordance with the laws of the State where the Firm's principal place of business is located, as indicated in the C Contract. M N O N N E t V tC 4+ a Control Point Associates, Inc. P.C. is pleased to announce the acquisition BDCDKS, �, 1YDKS of Brooks &Brooks Land Surveyors, PC. � Packet Pg. 26 �%wms� "Phe r -ed. a�r-e the a�r-easl at gai!ie�r-a L slu�r-vey 34 51,'Tierwood (�:zminrrlldll (Plidirtted lRy a lit's 11),u'vid,tess Courtly, EXHIBIT A Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-92 Meeting: 07/24/23 07:00 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 5981 Resolution Authorizing Memorandum Of Agreement With Metro North For Betterments At Bank Street Railroad Crossing WHEREAS, Metro -North is an operating agency of the Metropolitan Transportation Authority (the "MTA"); and WHEREAS, Metro -North operates and maintains grade crossing protection devices at the Bank Street railroad crossing in the Chelsea Hamlet (the "Crossing:") that are intended to reduce the risk of accidents or incidents involving trains coming into contact with vehicles or pedestrians crossing the tracks; and WHEREAS, because of the priority which Metro -North gives to conducting rail operations in a manner that protects the safety of its employees, passengers, and the general public, and the emergence of new technologies, Metro -North is evaluating whether additional grade crossing protection or other safety measures would be appropriate at certain grade crossings; and WHEREAS, the Town owns and maintains the portion of Bank Street which crosses over Metro - North's tracks mentioned above; and WHEREAS, Metro -North and the Town have concluded that it is appropriate to install certain grade crossing protection devices at the Crossing, as well as other safety measures, in the interest of enhancing public safety; and WHEREAS, Metro -North and the Town have also concluded that it is appropriate to install sleeves under Metro -North's right of way at the Crossing for the Town's water and sewer needs; and WHEREAS, Metro -North and the Town wish to work together to provide for the design, construction and installation of such grade crossing protection devices, other safety measures, and sleeves; and WHEREAS, certain Federal Highway Administration ("FHWA") grant funds are being advanced to the State of New York (the "State"), acting by and through the New York State Department of Transportation ("NYSDOT"), which will in turn be disbursed by NYSDOT to the MTA to defray the costs of designing, constructing, and installing such additional grade crossing protection devices, other safety measures, and sleeves; and WHEREAS, Metro -North and the Town wish to enter into a Memorandum of Agreement in the form annexed hereto that is intended to set out terms and conditions governing the relationship between Metro -North and the Town with respect to the design, construction, installation, Updated: 7/20/2023 1:36 PM by Joseph P. Paoloni Page 1 Resolution 2023-92 Meeting of July 24, 2023 maintenance, and repair of such additional grade crossing protection devices, other safety measures, and sleeves , and the application of federal grant funds to the costs thereof. WHEREAS, the Town Board has reviewed the Agreement and believes that it is in the best interest of the Town to execute such Agreement; NOW, THEREFORE, BE IT RESOLVED, that: 1. The Town Board hereby accepts the terms of the Memorandum of Agreement for the Bank Street Crossing Improvements, and the Town Board hereby authorizes the Supervisor to sign said MOU on behalf of the Town; and 2. Funding for the installation of the sleeves for water & sewer are contingent upon the approval of the New York State Department of Transportation. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips Updated: 7/20/2023 1:36 PM by Joseph P. Paoloni Page 2 MEMORANDUM OF UNDERSTANDING (BANK STREET) THIS MEMORANDUM OF UNDERSTANDING ("Memorandum"), dated , 2023, is by and between METRO -NORTH COMMUTER RAILROAD COMPANY ("Metro North"), a public benefit corporation organized under the laws of the State of New York with its principal office at 420 Lexington Avenue, New York, New York and TOWN OF WAPPINGER ("Town"), a municipal corporation and political subdivision of the State of New York with its principal office at 20 Middlebrush Road, Wappinger Falls, NY 12590. Metro -North and the Town may be referred to herein individually as a "Party" or collectively as the "Parties." WITNESSETH: WHEREAS, Metro -North is an operating agency of the Metropolitan Transportation Authority (the "MTA"); and WHEREAS, Metro -North currently has numerous grade crossings, where various state and local streets, roads and other passageways cross its tracks at grade; and WHEREAS, Metro -North operates and maintains a variety of grade crossing protection devices at certain grade crossings intended to reduce the risk of accidents or incidents involving trains coming into contact with vehicles or pedestrians crossing the tracks; and WHEREAS, because of the priority which Metro -North gives to conducting rail operations in a manner that protects the safety of its employees, passengers, and the general public, and the emergence of new technologies, Metro -North is evaluating whether additional grade crossing protection or other safety measures would be appropriate at certain grade crossings; and WHEREAS, one of the grade crossings which has been evaluated is the crossing at Bank Street over Metro -North's Hudson Line, located in the Town of Wappinger, New York (the "Crossing"); and WHEREAS, the Town owns and maintains the portion of Bank Street which crosses over Metro - North's tracks mentioned above; and WHEREAS, Metro -North and the Town have concluded that it is appropriate to install certain grade crossing protection devices at the Crossing, as well as other safety measures, in the interest of enhancing public safety; and WHEREAS, Metro -North and the Town have also concluded that it is appropriate to install how manyl sleeves (the "sleeves") under Metro -North's right of way at the Crossing for the Town's water and sewer needsl, and WHEREAS, Metro -North and the Town wish to work together to provide for the de construction and installation of such grade crossing protection devices, other safety measures, sleeved: and Commented [SB1]: We used this sentence in an agreement with a different municipality. Allparties, including NYSDOT, will need to agree to the sleeve installation before it can be included as part of the pi Commented [SB2]: See comment above. cC 0 M N 69 W d S Q CL cc O C: o� H I a WHEREAS, certain Federal Highway Administration ("FHWA") grant funds are being advanced to the State of New York (the "State"), acting by and through the New York State Department of Transportation ("NYSDOT"), which will in turn be disbursed by NYSDOT to the MTA to defray the costs of designing, constructing, and installing such additional grade crossing protection devices, other safety measures and sleeves; and I commented [SB3]: see comment above. WHEREAS, this Memorandum is intended to set out terms and conditions governing the relationship between Metro -North and the Town with respect to the design, construction, installation, maintenance, and repair of such additional grade crossing protection devices, other safety measures, and sleeves and the application of federal grant funds to the costs thereof. commented [sBa]: see comment above. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. Definitions. Terms defined in the preamble and in the recitals shall have their assigned meanings and each of the following terms has the meaning assigned to it. `Builder' means the firm or firms selected by Metro -North to construct and install the Off ROW Facilities. "Construction Commencement Date" means the date when Metro -North intends to commence construction of the Off ROW Facilities. "Construction Commencement Date Notice" means a notice sent by Metro -North that gives notice to the Town of the Construction Commencement Date. "Construction Contract" means the contract to be entered into for the construction and installation of the Off ROW Facilities between Metro -North and its selected Builder, as such contract may be amended from time to time. "Construction Work" means construction and installation of the Off ROW Facilities, in accordance with this Memorandum. "Design Contract" means the contract to be entered into for design of the Off ROW Facilities between Metro -North and its selected Designer, as such contract may be amended from time to time. "Designer" means the firm or firms selected by Metro -North to design the Off ROW Facilities. "Design Work" means the design of the Off ROW Facilities, in accordance with this Memorandum. "Execution Date" means the date this Memorandum is executed by the last of the Parties to execute same. "Federal Grant Agreement" means the Grant Agreement between the FHWA and NYSDOT with respect to the Project, as the same may be amended from time to time. "Off ROW Facilities" means those additional grade crossing protection devices, equipment and facilities forming part of the Project (including, without limitation, paving, striping, sidewalks, traffic control signals, concrete medians, or other devices to control and protect vehicular and pedestrian traffic) which will be constructed and installed by Metro -North or its Builder off of Metro -North's right of way in accordance with this Memorandum. Off ROW Facilities shall include the Town Project for purposes of this Agreement. "Project" means the design, construction, and installation by Metro -North of grade crossing devices, equipment, and facilities at the Crossing. The Project consists of devices, equipment, and facilities to be constructed and installed on Metro -North's right of way and the Off ROW Facilities. "State Grant Agreement" means the Subgrant Agreement between the State, acting by and through the Commissioner of NYSDOT, and the MTA with respect to the Project, as the same may be amended from time to time. "Substantially Complete" or similar phrases shall mean that the Work has been completed substantially in accordance with the Approved Design (as hereinafter defined), as the same may be changed or modified in accordance with the terms hereof, but for punch list -type items that do not prevent the Off ROW Facilities from being used for its intended purpose. "Term" has the meaning assigned to it in Section 2. Town Project" means the installation [how many and width] diameter steel sleeves under and extending beyond Metro -North's right of way. Commented [SB5]: See comment above. "Work" means the Design Work and the Construction Work. 2. Term. This Memorandum shall have a term and be effective commencing as of the Execution Date and expiring thirty (30) days following Substantial Completions, provided, however, the provisions of this Memorandum that specifically state that they survive the expiration or termination of this Memorandum shall so survive. Metro -North shall give the Construction Commencement Date Notice to the Town not less than thirty (30) days before the Construction Commencement Date. In the event that Metro -North does not enter into a Construction Contract within three (3) years of the Execution Date, or the Project is abandoned by Metro -North, then this Memorandum shall be of no force or effect. 3. Performance of Work. Metro -North agrees, as part of the Proj ect, to cause its Designer to design and its Builder to construct and install the Off ROW Facilities in accordance with this Memorandum and the Approved Design (as hereinafter defined) as the same may be modified in accordance with the terms hereof. 4. Design. (a) Metro -North agrees to engage a Designer with the appropriate technical skill and expertise to design the Off ROW Work. Metro -North shall submit a preliminary (30%) level design to the Town for its review and approval, such approval not to be unreasonably withheld, conditioned, or delayed. Metro -North further agrees to advance the design of the Off ROW Facilities to a final (100%) design and shall submit such final design to the Town for its review and approval, such approval not to be unreasonably withheld, conditioned, or delayed. The final design, as approved by the Town, shall be referred to herein as the "Approved Design." Metro -North may, at its discretion, make changes or modifications to the Approved Design, provided that any material change or modification shall first be submitted to the Town for its review and approval, such approval not to be unreasonably withheld, conditioned, or delayed. All changes or modifications made by Metro -North to the Approved Design in accordance with the terms hereof shall be considered as part of the Approved Design. (b) The Approved Design shall comply with (i) all applicable federal and state laws, orders, rules, and regulations pertaining to the design of grade crossing protection devices (including, without limitation, 49 CFR 234/236 and the Manual of Uniform Traffic Control Devices and NYSDOT's Highway Design Manual), (ii) industry standards (including, without limitation, standards established by the American Railway Engineering and Maintenance of Way Association), (iii) Metro -North grade crossing standards, and (iv) applicable requirements for the design of the Town Project. — commented [see]: See comment above. (c) Metro -North shall deliver a copy of the Approved Design to the Town for its records. (d) Metro -North shall deliver a copy of all changes and modifications to the Approved Design made in accordance with this Memorandum to the Town for its records. Costs of Work: Construction of Off ROW Facilities; Compliance with Applicable Laws; Completion of Work. (a) Metro -North shall not be required to pay the Town fees for permits, design review, or inspections, as more fully provided in Sections 7(a) and (b). (b) Metro -North shall cause the Builder to construct the Off ROW Facilities in accordance with the Approved Design and this Memorandum, and in compliance with all applicable federal and state laws, orders, rules, and regulations. 6. Inspection; Substantial Completion. (a) During the course of construction of the Off ROW Facilities, the Town will have the right to observe the progress of construction. Entry shall not interfere with construction related activities and shall be subject to safety requirements. Metro -North and Builder shall have the right to have the Town representatives accompanied by a representative of Metro -North and/or Builder whenever the Town representatives are on Metro -North property. (b) Metro -North shall give written notice to the Town when Metro -North determines that the Construction Work for the Off ROW Facilities is substantially complete in accordance with the Approved Design. Such notice shall invite the Town to attend an inspection of the Construction Work by Metro -North. Such inspection shall take place on a mutually acceptable date but not later than fifteen (15) days from the date of such notice. 7. Cooperation by Town. The Town agrees to facilitate the timely commencement and completion of all Work as may be reasonably requested by Metro -North or the Builder from time to time during the Term, including, without limitation, by extending the following cooperation to Metro -North and its Builder: (a) The Town shall expedite its review of the preliminary design and final design of the Off ROW Facilities, and of any material changes or modifications to the Approved Design, pursuant to Section 4(a) hereof, and provide its approval or any comments to Metro -North and its Designer within thirty (30) days of submission of such preliminary design, final design, or material changes or modifications, as the case may be, to the Town. (b) Metro -North will cause the Builder to apply for any applicable legally required Town permits necessary to safely execute the Work. The Town agrees not to unreasonably withhold, condition, or delay the issuance of such permits, and not to charge any fees to Metro -North, its Designer, or its Builder, for such permits, for its review of the preliminary design and final design of the Off ROW Facilities and revisions thereto, for any material changes or modifications to the Approved Design, or for any Town inspections of the Work. (c) The Town agrees to cooperate with Metro -North to ensure the safety of pedestrians and motorists to the extent practicable while Construction Work is taking place, or while construction equipment, supplies, or materials are being delivered for the Construction Work to Metro -North, Town, or third party property in the vicinity of the Crossing, including arranging for any necessary police or traffic protection measures at no charge to Metro -North. The Town acknowledges that such cooperation may require, at times, complete or partial closures of Bank Street or other Town or other streets or roads adjacent to the Crossing, and the Town agrees to approve any such closures when requested by Metro -North as quickly as possible. (d) The Town hereby grants to Metro -North and its Builder a license during the Term of this Agreement, for ingress, egress, access to, and right to use Town roads and other Town property, in ways that Metro -North reasonably determines is necessary or desirable to complete the Work and fulfill the obligations of Metro -North and Builder under this Agreement. (e) The Town shall be responsible for securing all necessary license agreements from adjacent property owners to gain access to adjacent property for construction related purposes, including, without limitation, for staging equipment, materials, or supplies. Metro -North agrees, to the extent it is reasonably possible and practical for it to do so, to cooperate with and assist the Town in obtaining such license agreements. (f) The Town shall be responsible for all necessary communications with adjacent property owners and businesses regarding the Project. 8. Federal and State Grant Agreement. (a) In connection with the design, construction, installation, operation and maintenance of the Off ROW Facilities, the Town shall not take any action, or fail to take to take any action when required, E 0 W) M N 69 W d S Q CL cc 4- 0 r_ 0 H O r_ W E cc a so as to cause Metro -North to be in non-compliance with any of the terms and conditions of the Federal Grant Agreement or the State Grant Agreement. (b) The provisions of this Section 8 shall survive the expiration or earlier termination of this Memorandum. Operation, Maintenance, Inspection, and Repair. (a) Upon Substantial Completion of the Work by Metro -North, the Town shall: (i) own and operate the Off ROW Facilities, at its sole expense, in accordance with all applicable federal and state laws, orders, rules and regulations, and the terms of the Federal Grant Agreement and State Grant Agreement; and (ii) maintain, inspect, and repair the Off ROW Facilities, at its sole expense, in good operating condition and in accordance with all applicable federal and state laws, orders, rules, and regulations, and the terms of the Federal Grant Agreement and State Grant Agreement. (b) Except as provided in the next sentence, all devices, equipment, and facilities forming part of the Project and located or installed on Metro -North's right of way shall be owned, operated, inspected, repaired, and maintained by Metro -North, and the Town agrees that it may not enter upon such right of way and open, inspect, alter, modify, operate, maintain, or remove any such devices, equipment, or facilities without the prior written consent of Metro -North. The Town agrees to maintain the roadway striping that crosses the right of way. If the Town needs to enter upon the right of way to maintain any Off ROW Facilities, the Town will obtain the prior written consent of Metro -North, which may include procurement of an Entry Permit from Metro -North. The provisions of this Section 9 shall survive the expiration or earlier termination of this Memorandum. 10. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted by this Memorandum to be made, given, or furnished to the other Party shall be in writing and shall be delivered by hand or by certified mail, return receipt requested or by overnight delivery service, in an envelope addressed as follows (and shall be deemed given upon receipt orrefusal to accept receipt): If to the Town: Hon. Richard L. Thurston, Town Supervisor 20 Middlebrush Road Wappingers Falls, NY 12590 If to Metro -North: Metro -North Commuter Railroad Company 420 Lexington Avenue, l 1'h floor New York, NY 10170 Attn: General Counsel 11. Miscellaneous Provisions. E 0 M N 0 co L d S Q CL cc 4- 0 r_ O H O r_ W E cc a (a) No Third -Party Beneficiary. Nothing in this Memorandum shall be deemed to create any right in any person not a parry hereto, other than the Designer and the Builder, as provided herein, and permitted successors and assigns of a Parry hereto. This Memorandum shall not be construed in any respect to be a contract in whole or in part for the benefit of a third party except as aforesaid. (b) Severability. If any provision of this Memorandum shall be determined to be invalid, illegal, or unenforceable in any respect, such determination shall not affect any other provision hereof. (c) Headings. The headings contained in this Memorandum are for convenience only and shall not be interpreted to limit, control, or affect the meaning or construction of the provisions of this Memorandum. (d) Joint Preparation. This Memorandum shall be deemed to have been jointly prepared by the Parties. This Memorandum has been negotiated by the Parties and their respective counsel and shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either Parry. (e) Governing Law. This Memorandum. shall be governed by and construed under the laws of the State of New York. (f) No Recourse. No recourse shall be had by either Parry for any claim against any officer, director, stockholder, employee, or agent of any other parry alleging personal liability on the part of such person with respect to performance of Metro -North's or the Town's obligations under this Memorandum. (g) Counterparts. This Memorandum may be executed in any number of counterparts and by each Party on a separate counterpart, each of which when so executed and delivered will be deemed an original and all of which shall together constitute one and the same instrument. (h) Further Assurances. Each Party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments, and documents as the other Party may reasonably request in order to carry out the intent and accomplish the purposes of this Memorandum and the consummation of the transactions contemplated hereby. The provisions of this Section I I (h) shall survive the expiration or earlier termination of this Memorandum. IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed by their proper officials, pursuant to due and legal action authorizing the same, as of the day and year first written above. METRO -NORTH COMMUTER RAILROAD COMPANY to Catherine A. Rinaldi, President E 0 W) M N 69 L d S Q CL cc 4- 0 r_ 0 H O r_ W E cc a TOWN OF WAPPINGER In Richard L. Thurston, Supervisor I- 0 0 LL t 0 z 0 L Cd C t d E d L Cm a 4- 0 E L 0 E Cd C Cm S N �L 0 t ZI N 67 M N O N Co W E cc 0 W) r r M N 69 L d Cm i Q Q cc W 0 i 0 U a Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-89 Meeting: 07/24/23 07:00 PM Department: Town Clerk Category: Grants Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 5980 Resolution Authorizing Application For A Grant Under Environmental Protection Fund Program For Wappinger Hudson River Access Improvements WHEREAS, the Town of Wappinger seeks to apply to New York State Office of Parks, Recreation & Historic Preservation for a grant under the Environmental Protection Fund Program for a project titled Wappinger Hudson River Access Improvements (the Pro)ect); and WHEREAS, the grant application requires the applicant municipality to obtain the approval/ endorsement of the governing body of the municipality or municipalities in which the project will be located; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby approve and endorse the application for a grant under the Environmental Protection Fund Program for a project titled Wappinger Hudson River Access Improvements; and BE IT FURTHER RESOLVED that the Town Board authorizes the Town Supervisor, the Engineers to the Town, the Attorneys to the Town and its Grant Writer to sign and execute any documents associated with the Environmental Protection Fund Program Grant Application. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips Updated: 7/20/2023 12:41 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-98 Meeting: 07/24/23 07:00 PM Department: Town Clerk Category: Special Districts Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 5988 Resolution Authorizing The Town Attorney To Prepare Documents Necessary For The Condemnation Of Any And All Easements Necessary For The Connection Of The Wildwood Sewer District To The Tri -Municipal Sewer Plant Under The Eminent Domain Proceedings Law WHEREAS, the Town Board of the Town of Wappinger determined that the construction of improvements to the Wildwood Sewer District would not result in any significant adverse environmental impact; and WHEREAS, the Town Board of the Town of Wappinger adopted a bond resolution on February 24, 2020, to fund the capital project for the improvements to the Wildwood Sewer District by Resolution 2020-71; and WHEREAS, Engineers to the Town CPL have prepared plans for the construction of such improvements consisting of the construction of a pump station, force sewer main and sanitary sewer main from the existing Wildwood Sewer Plant to the Village of Wappingers Falls, including incidental improvements and expenses in connection therewith, and WHEREAS, the preferred route for the sewer mains commences at a connection point with the existing sewer plant located off New Hackensack Road and then running along New Hackensack Road to the Woodhill Green Condominium, thence through the Woodhill Green Condominium to Route 9 and under Route 9 to connect with the Village of Wappingers Falls sewer system; and WHEREAS, most of the construction shall occur within the public rights of way, but some easements are required over private property, including the property of Woodhill Green Condominium, in order to construct these improvements; and WHEREAS, the Town has entered into an agreement with New York State Environmental Facilities Corporation which contains a specific construction schedule that must be adhered to and the easements necessary for construction must be obtained promptly; and WHEREAS, the Town Board has determined that it is necessary to authorize the Attorney to the Town and the Engineers to the Town to begin preparing the necessary documents to commence proceedings in accordance with the Eminent Domain Proceedings Law in order to acquire the necessary easements over the affected properties to proceed with construction of the sewer mains; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby authorizes Wallace & Wallace, LLP, Attorneys to the Town, to prepare the documents necessary to commence proceedings to acquire easements pursuant to the Eminent Domain Proceedings Law of the State of New York and pursuant to Town Law §64(2). 2. The Town Board hereby authorizes the Engineers to the Town CPL to prepare all necessary takings maps and any other documents necessary to assist the Attorney to the Town with respect to the eminent domain proceedings. Updated: 7/20/2023 3:32 PM by Joseph P. Paoloni Page 1 Resolution 2023-98 Meeting of July 24, 2023 3. The Attorney to the Town is authorized to consult with the assessor and make an offer of settlement to all property owners pursuant to the Eminent Domain Proceedings Law, for the appraised value of the easement or fee title to be appropriated. 4. The Supervisor, the Attorney to the Town, and the Engineers to the Town are authorized to negotiate on behalf of the Town and the Wildwood Sewer District for the acquisition of the necessary easements. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips Updated: 7/20/2023 3:32 PM by Joseph P. Paoloni Page 2 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-90 Meeting: 07/24/23 07:00 PM Department: Town Clerk Category: Grants Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 5979 Resolution Authorizing Application For A Grant Under The Water Quality Improvements Program For Mid -Point Park I&I Improvements WHEREAS, the Town of Wappinger seeks to apply to New York State Department of Environmental Conservation for a grant under the Water Quality Improvement Program for a project entitled Mid -Point Park Inflow & Infiltration Improvements (the Pro)ect); and WHEREAS, the grant application requires the applicant municipality to obtain the approval/ endorsement of the governing body of the municipality or municipalities in which the project will be located; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby approve and endorse the application for a grant under the Water Quality Improvement Program for a project entitled Mid -Point Park Inflow & Infiltration Improvements located within this community; and BE IT FURTHER RESOLVED that the Town Board authorizes the Town Supervisor, the Engineers to the Town, the Attorneys to the Town and its Grant Writer to sign and execute any documents associated with the WQIP Grant Application. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips Updated: 7/20/2023 12:45 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-95 Meeting: 07/24/23 07:00 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 5989 Resolution Authorizing Contract For Pickleball Court Improvements At Martz Field WHEREAS, the Town seeks to improve the pickleball courts at Martz Field; and WHEREAS, the Town has received a contract proposal from Crafco, Inc. in the amount of $29,334.00 in the form attached hereto which is under a cooperative purchase agreement through the Keystone Purchasing Network Contract 4201801-01; and WHEREAS, Crafco, Inc. is resurfacing the tennis courts at Martz Field; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board has reviewed the proposal of Crafco, Inc. and authorizes a cooperative purchase contract with Crafco, Inc. in the amount of $29,334.00 and in accordance with the terms of the proposal attached. 2. The Town Board hereby authorizes the Supervisor to execute the contract documents on behalf of the Town. 3. Appropriation for this contract shall be made from Unallocated B Fund Balance and the Comptroller shall amend the budget accordingly. 4. Payment shall be made upon vouchers reviewed and approved as required by law. 5. This Resolution shall take effect immediately. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips Updated: 7/20/2023 3:41 PM by Joseph P. Paoloni Page 1 QF'Iel�dTuirf FHE ULUMATE SURFACE EXPERIENCE A Tarkett $parts Company Date: July 15, 2023 To: Wappinger Town : Town Park Wappinger Pickleball From: Donald Werner Sr. Applied Sales - Albany Office/Site: +1 518 766 2932 Ext: 7610 Mobile: +1 518 944 1736 email: Donald.WernerSr2crafco.com Subject: Wappinger Town Pickleball CRAFCO, Inc. FieldTurf USA, Inc. in conjunction with CRAFCO is pleased to present the following proposal. Price estimates are based off of The Keystone Purchasing Network (KPN) pricing. KPN provides predetermined preferential pricing through approved vendors. Since the products have already been bid at the national level, individual schools do not have to duplicate the bidding process per KPN Contract # 201801-01. u*IIU II uuur°f USA, inc.IlIh6ds flhe% Coo llca*rad ve* II,"Iui 6hase% counfu°rrcct, vurly II:',"G our, Cointi vc1 a°ouustIi;ie% uovSu* out 10 II' uefld Il uurf USA, inc.Il175 IIf Ilinduustir°icll II114d Ilfll Cclllhouin, GA 30701 CRAFCO INC., proposes to furnish 12 SETS of PICKLEBALL 2 7/8" ALUMINUM SLEEVES, 12 SETS of 2 7/8" PICKLEBALL POLES and 12 NETS. Procedure to be as follows: 1 ARMOR CRACK REPAIR SYSTEM - Overlay all structural crack repairs with the ARMOR CRACK REPAIR SYSTEM. A total of 192 LINEAL FEET of is included. Apply two (2) coats of Action Pave Resurfacer over the repaired areas. See enclosed ARMOR CRACK REPAIR literature. 2 FURNISH 12 SETS of 2 7/8" ALUMINUM SLEEVES,12 SETS of 2 7/8" POLES and 12 NETS 3 CLEAN UP - Clean up general work area. 4 PREVAILING WAGE -The following price is based on the payment of prevailing wage rates to all workmen employed. All labor provided for the work on this contract by CRAFCO, INC. will be open shop. Any union labor required due to the general contractors contractual agreements, (Project Labor Agreements), or job specific apprenticeship requirements will be provided by the General Contractor at no cost to CRAFCO, INC. 5 GENERAL PROVISIONS - Price does not include the cost of bonds, contract specific insurance riders, taxes, surveys, in -ground equipment, asphalt and/or concrete work and FULL -DEPTH REPAIRS TO THE ASPHALT RECEIVING SURFACE. 6 Proposal submitted by Donald Werner - Sales / Project Manager Price: $ 29,334.00 Notes: • Tax Exempt form required • Payment Terms: Net 30 • If bonding is required, add 1.5% to the above total price for performance payment and bonds. The present proposal serves to provide an overview of the terms and conditions governing the business relationship between the parties for the completion of the above -referenced transaction. The parties hereby undertake to subsequently formalize their agreement by signing a more detailed agreement and/or purchase order ("Contract') and as such the amount listed herein shall be an estimate which will be formalized in said Contract. By its signature(s) below, the customer acknowledges having read and accepted this proposal and undertakes to be bound by it. FieldTurf USA, Inc. 175 N Industrial Blvd NE. Calhoun, GA 30701 - Tel 1-800-724-2969 — Fax (514) 340-9374 www 1""1i6lM III""ruuirf couini f July 15, 2023 Page 2 of 2 Per: Owner (Signature) Printed Name and Title If you have questions regarding the FieldTurf and Beynon SmartBuy Cooperative Purchasing Program, please contact Eric Fisher at: eric.fisher2smartbuycooperative.com. cfld II uirf USA, Ilinc. h6ds flhe% Coope%iraflve% ,Iuir6hase% colintiract, arty �:',10 or, Cointiract ii,nusti;ie% inadc1% out to efld Il uirf USA, Iliac. 175 II4 hindustirlWl 1Ivd W::::. Caflhouin, GA 30701 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2023-97 Meeting: 07/24/23 07:00 PM Department: Town Clerk Category: Tax Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 5987 Resolution Authorizing Payment In Lieu Of Taxes Agreement With Old Myers NY, LLC WHEREAS, Old Myers LLC ("Owner") owns a 38.09 -acre parcel of farmland located in the Town of Wappinger, County of Dutchess on Myers Corners Road having a Tax Id Number 6258-03-376432; and WHEREAS, the Owner intends to construct a solar farm of approximately 2.0 Megawatts AC on the property; and WHEREAS, the Town of Wappinger Planning Board has granted Site Plan and Special Permit Approval to the proposed Solar Farm; and WHEREAS, Solar Energy Systems are entitled to an exemption from real property taxes pursuant to NY Real Property Tax Law §487; and WHEREAS, the Town of Wappinger has not opted out of the exemption provided by RPTL §487; and WHEREAS, the Owner has submitted, or will submit, to the assessor of the Town of Wappinger a RP -487 Application for Tax Exemption of Solar or Wind Energy Systems or Farm Waste Energy Systems, demonstrating its eligibility for a real property tax exemption pursuant to RPTL Section 487; and WHEREAS, pursuant to RPTL § 487 (9)(a), the Town has indicated its intent to require a Payment in Lieu of Taxes ("PILOT") Agreement with the Owner, under which the Owner (or any successor owner of the Project) will be required to make annual payments to each of the Taxing Jurisdictions for each year during the fifteen -year term of the exemption; and WHEREAS, the Owner has proposed a Payment in Lieu of Taxes (PILOT) Agreement with the Town of Wappinger, the County of Dutchess and the Wappinger Central School District in accordance with RPTL § 487; and WHEREAS, the Wappinger Central School District has approved a PILOT agreement for the project and the County of Dutchess is considering the PILOT agreement; and WHEREAS, a Draft PILOT agreement has been provided to and reviewed by the Attorney to the Town; and WHEREAS, the PILOT Agreement provides for a pro -rated sharing of the PILOT Revenue between the taxing jurisdictions based upon the amount of $2,700 per Megawatt of solar farm capacity with a 2 percent escalator per year for 15 years, which term is the life of the tax exemption for solar energy systems pursuant to RPTL § 487; and WHEREAS, for example in year one of the agreement the total PILOT would be $5,400 which would be allocated as follows: School $4,187.47, Town $702.14 and County $702.14; and WHEREAS, the construction of a Solar Farm is consistent with the energy policies of the State of New York; and WHEREAS, the land on which this Solar Farm is constructed will continue to be used as agricultural land and the rental income from the solar farm will provide income to continue the agricultural use; and WHEREAS, the Town Board believes that it is in the interest of the Town of Wappinger to enter into the annexed PILOT agreement. Updated: 7/20/2023 2:57 PM by Joseph P. Paoloni Page 1 Resolution 2023-97 Meeting of July 24, 2023 NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby authorizes the Supervisor to sign the annexed PAYMENT IN LIEU OF TAXES AGREEMENT FOR SOLAR ENERGY SYSTEMS with the Old Myers NY LLC on behalf of the Town of Wappinger for a 2.00 MW AC Solar Farm on Tax Parcel 6258-03-376432. The Town Board authorizes and directs that the Town Clerk forward certified copies of this resolution to the Town Assessor, the Dutchess County Real Property Tax Services Agency Director and the Wappinger Central School District. RESULT: TABLED [UNANIMOUS] MOVER: Al Casella, Councilman Next: 8/21/2023 7:00 PM SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips Updated: 7/20/2023 2:57 PM by Joseph P. Paoloni Page 2 From: Zomerfeld, Henry A. To: James P. Horan Cc: Kyle McAdam; Ben Aoaro Subject: RE: Old Myers Solar, PILOT and additional items Date: Tuesday, July 11, 2023 2:55:24 PM Attachments: image002.i)ng Re Lightstar Solar Project PILOT Agreement.msq 1.5'1 Liahtstar - old Myers Road - Town PILOT Agreement.DOCX Hi, Jim, As a follow up to our call yesterday, here is the breakdown based on $2,700/MWac all -in shared pro rata: Tax ftates As mentioned, the School District signed off on this allocation. Attached is an email from the District confirming same. The School District PILOT is already fully executed. Attached is revised PILOT changing the notice contact to the Town Receiver of Taxes instead of the Supervisor. Please let us know after the Town reviews these materials. Thanks, Henry Henry A. Zomerfeld I Senior Associate I Hodgson Russ LLP The Guaranty Building 1140 Pearl Street I Buffalo, NY 14202 (0) 716-848-1370 I hzomerfe hhodgsonruss.com Twitter I LinkedIn I website I Bio I e-mail From: Zomerfeld, Henry A. Sent: Friday, July 7, 2023 8:41 AM To: James P. Horan <jhoran@wallacelaw.net> Cc: Kyle McAdam <kyle.mcadam@lightstar.com> Subject: RE: Old Myers Solar, PILOT and additional items Hi, James, Please see attached. Talk Monday. Best, Henry �1u.CJTTut�1 for NuOT rte l clow n uu rte low n p,e ^pe rt W Town (Hornostead 1.5'1 9'.45% $ 255.20 5tdi.3 , County, 2.491 13,.100% $ 8S .07 70,2.1# School 01strict (Horcme'stead) 14.85 77.55% 2,0 3.73 4,1857.47 Fire, Distrilct 0.761 0.00%' Arnbulance 0.11 01.00% Ub'raryr 0.ni 0.100 Total (lion-Spee"coat/ DistiriictTax Rates) � 19'. 150 1001.00 2,700.00 S, 1.00 Total Special I)Btrtuct R,ate;s 1.260W As mentioned, the School District signed off on this allocation. Attached is an email from the District confirming same. The School District PILOT is already fully executed. Attached is revised PILOT changing the notice contact to the Town Receiver of Taxes instead of the Supervisor. Please let us know after the Town reviews these materials. Thanks, Henry Henry A. Zomerfeld I Senior Associate I Hodgson Russ LLP The Guaranty Building 1140 Pearl Street I Buffalo, NY 14202 (0) 716-848-1370 I hzomerfe hhodgsonruss.com Twitter I LinkedIn I website I Bio I e-mail From: Zomerfeld, Henry A. Sent: Friday, July 7, 2023 8:41 AM To: James P. Horan <jhoran@wallacelaw.net> Cc: Kyle McAdam <kyle.mcadam@lightstar.com> Subject: RE: Old Myers Solar, PILOT and additional items Hi, James, Please see attached. Talk Monday. Best, Henry PAYMENT IN LIEU OF TAXES AGREEMENT FOR SOLAR ENERGY SYSTEMS between Wa . in ers Central School District and Old Miers NY LLC Dated as of '2023 RELATING TO THE PREMISES LOCATED AT 189 Myers Comers Road, Wappinger Falls, NY 12590 (S.B.L. No. 6258-03-376432) PAYMENT IN LIEU OF TAXES AGREEMENT FOR SOLAR ENERGY SYSTEMS PURSUANT TO REAL PROPERTY TAX LAW § 487 THIS AGREEMENT FOR PAYMENT IN LIEU OF TAXES FOR REAL PROPERTY, effective as of the date on the cover page, above, by and between Old Myers NY LLC (the "Owner"), a foreign limited liability company organized under the laws of Delaware and which maintains a principal place of business located at 501 Boylston Street, Boston, Massachusetts 02115; and Wappingers Central School District, a school district duly established with a principal place of business at 25 Corporate Park Drive, P.O. Box 396, Hopewell Junction, NY 12533 (the "District"). The District is herein referred to as the "Taxing Jurisdiction." Owner and the Taxing Jurisdiction are collectively referred to in this Agreement as the "Parties" and are individually referred to as a Party. RECITALS WHEREAS, Owner has submitted a Notice of Intent to the Taxing Jurisdiction that it plans to build and operate a "Solar Energy System" as defined in New York Real Property Tax Law ("RPTL") § 487(1)(b) with an expected nameplate capacity ("Capacity") of approximately two (2) Megawatts AC (herein the "Project") on a parcel of land located at 189 Myers Corners Road, Wappinger Falls NY 12590 and identified as S.B.L. # 6258-03-376432, as described in Exhibit A (herein the "Property"); and WHEREAS, the Taxing Jurisdiction have not opted out of RPTL § 487; and WHEREAS, pursuant to RPTL § 487(9)(a), the Taxing Jurisdiction has indicated its intent to require a Payment in Lieu of Taxes ("PILOT") Agreement with the Owner, under which the Owner (or any successor owner of the Project) will be required to make annual payments to the Taxing Jurisdiction for each year during the term of this Agreement; and WHEREAS, the Owner has submitted or will submit to the Assessor responsible for the Taxing Jurisdiction a RP -487 Application for Tax Exemption of Solar or Wind Energy Systems or Farm Waste Energy Systems, demonstrating its eligibility for a real property tax exemption pursuant to RPTL § 487; and WHEREAS, the Parties intend that, during the term of this Agreement, the Project will be placed on exempt portion of the assessment roll and the Owner will not be assessed for any statutory real property taxes for which it might otherwise be subjected under New York law with respect to the Project. NOW THEREFORE, for and in consideration of the mutual covenants hereinafter contained, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby 2 agree as follows: Re resentations of the Parties. (a) The Owner hereby represents, warrants, and covenants that, as of the date of this Agreement: 1. The Owner is duly organized, and a validly existing limited liability company duly authorized to do business in the State of New York, has requisite authority to conduct its business as presently conducted or proposed to be conducted under this Agreement, and has full legal right, power, and authority to execute, deliver, and perform all applicable terms and provisions of this Agreement. 2. All necessary action has been taken to authorize the Owner's execution, delivery, and performance of this Agreement and this Agreement constitutes the Owner's legal, valid, and binding obligation enforceable against it in accordance with its terms. 3. None of the execution or delivery of this Agreement, the performance of the obligations in connection with the transactions contemplated hereby, or the fulfillment of the terms and conditions hereof will (i) conflict with or violate any provision of the Owner's Certificate of Incorporation, Certificate of Formation, bylaws or other organizational documents or of any restriction or any agreement or instrument to which the Owner is a party and by which it is bound; (ii) conflict with, violate, or result in a breach of any applicable law, rule, regulation, or order of any court or other taxing jurisdiction or authority of government or ordinance of the State or any political subdivision thereof, or (iii) conflict with, violate, or result in a breach of or constitute a default under or result in the imposition or creation of any mortgage, pledge, lien, security interest, or other encumbrance under this Agreement or under any term or condition of any mortgage, indenture, or any other agreement or instrument to which it is a party or by which it or any of the Owner's properties or assets are bound. There is no action, suit, or proceeding, at law or in equity, or official investigation before or by any government authority pending or, to its knowledge, threatened against the Owner, wherein an anticipated decision, ruling, or finding would result in a material adverse effect on the Owner's ability to perform its obligations under this Agreement or on the validity or enforceability of this Agreement. (b) The Taxing Jurisdiction hereby represent, warrant, and covenant that, as of the date of this Agreement: 1. The Taxing Jurisdiction is duly organized, validly existing, and in good standing under the laws of the State of New York and have full legal right, power, and authority to execute, deliver, and perform all applicable terms and provisions of this Agreement. 2. All necessary action has been taken to authorize the Taxing Jurisdiction execution, delivery, and performance of this Agreement, and this Agreement constitutes the Taxing Jurisdiction legal, valid, and binding obligation enforceable against it in accordance with its terms. 3. No governmental approval by or with any government authority is required for the valid execution, delivery, and performance under this Agreement by the Taxing Jurisdiction except such as have been duly or will be obtained or made. 4. There is no action, suit, or proceeding, at law or in equity, or official investigation before or by any government authority pending or, to its knowledge, threatened against the Taxing Jurisdiction, wherein an anticipated decision, ruling, or finding would result in a material adverse effect on the Taxing Jurisdiction ability to perform its obligations under this Agreement or on the validity or enforceability of this Agreement. 2. Tax Exem )tion• Payment in Lieu of Real Proer . Taxes. (a) Tax -Exempt Status of the Project Facility. Pursuant to RPTL § 487 the Parties hereto agree that the Project shall be placed by the Taxing Jurisdiction as exempt upon the assessment rolls of the Taxing Jurisdiction. A Real Property Tax Exemption Form (RP 487) has or will be filed with the Assessor for the Town possessing authority to assess and value the Project, and grant such exemption application, and the Project is eligible for exemption pursuant to RPTL § 487(4). (b) Owner agrees to make annual payments to the Taxing Jurisdiction in lieu of real property taxes for the Project for a period of fifteen (15) consecutive fiscal tax years; annual payments may not exceed the amounts that would otherwise be payable but for the RPTL 487 exemption. Such 15 -year term shall commence on the first taxable status date selected by Owner following written notification by the owner that the project is mechanically complete and the production of electricity has commenced (the "Commencement Date"), and shall end the fifteenth fiscal year following the Commercial Operations Date. The first annual payment shall be in the amount of $4,,184.47 (the "Annual Payments"). Thereafter, the Annual Payments will escalate in the amount of two percent (2%) per year. Based on the Capacity of 2 Megawatts AC, Annual Payments to be made by Owner during the term of this Agreement shall be as listed in Exhibit B. Each Annual Payment will be paid to the Taxing Jurisdiction in accordance with Section 5 of this Agreement; and the annual payment amount and payment date will be noted on an annual bill issued by the Taxing Jurisdiction to the Owner, provided that any failure of the Taxing Jurisdiction to issue such a bill shall not relieve Owner of its obligation to make timely payments under this section. (c) Owner agrees that the payments in lieu of taxes under this Agreement will not be reduced on account of a depreciation factor or reduction in the Taxing Jurisdiction tax rate, and the Taxing Jurisdictions agree that the payments in lieu of taxes will not be increased on account of an inflation factor or increase in the Taxing Jurisdiction tax rate, all of which factors have been considered in arriving at the payment amounts reflected in this Agreement. 3. Change in Capaci at Mechanical Completion: Adjustments to Paments. To the extent that the Capacity of the Project is more or less than the 2 Megawatts AC for the Solar Energy System on the date when the Project is mechanically complete and Owner has commenced production of electricity, the payments set forth in Exhibit B will be increased or decreased on a pro rata basis. 2 4. Change in Ca paciE: After Mechanical Completion: Adjustments to Payments. If after the Completion Date the Capacity is increased or decreased as a result of the replacement or upgrade or partial removal or retirement of existing Project equipment or property or the addition of new Project equipment or property, the Annual Payments set forth in Exhibit B shall be increased or decreased on a pro rata basis for the remaining years of the Agreement. 5. Payment Collection. Payments for the Taxing Jurisdiction shall be made payable to the Wappingers Central School District and mailed to the Superintendent, located at 25 Corporate Park Drive, P.O. Box 396, Hopewell Junction, NY 12533, and such payments are due no later than January 15t1 each year, on or after the Commencement Date. All late payments shall accrue interest at the statutory rate for late tax payments under New York Law. Owner shall pay the reasonable attorney fees, court and other costs incurred by the Taxing Jurisdictions in the collection of the unpaid amounts. All payments by the Owner hereunder shall be paid in lawful money of the United States of America. 6. Tax Status. Separate Tax Lot. The Taxing Jurisdiction agree that during the term of this Agreement, the Taxing Jurisdiction will not assess Owner for any real property taxes with respect to the Project to which Owner might otherwise be subject under New York law, and the Taxing Jurisdiction agree that this Agreement will exclusively govern the payments of all such taxes, provided, however, that this Agreement is not intended to affect, and will not preclude the Taxing Jurisdiction from assessing, any other taxes, fees, charges, rates or assessments which the Owner is obligated to pay, including, but not limited to, special assessments or special district assessments, fees, or charges for services provided by the Taxing Jurisdiction to the Project. Nothing in this Agreement shall limit the right of the Owner to challenge the assessment of the Project pursuant to the RPTL. 7. No Assi nments Without Prior Notice Bindin Effect. (a) This Agreement may not be assigned by Owner without the prior written consent of the Taxing Jurisdiction; such consent may not be unreasonably withheld if the Assignee has agreed in writing to accept all obligations of the Owner. The restrictions on assignment contained herein do not prohibit or otherwise limit changes in control of Owner. If Owner assigns this Agreement with the advance written consent of the Taxing Jurisdiction, the Owner shall be released from all obligations under this Agreement upon assumption hereof in writing by the assignee, provided that Owner shall, as a condition of such assignment and to the reasonable satisfaction of the Taxing Jurisdiction, cure any defaults and satisfy all liabilities arising under this Agreement prior to the date of such assignment. A Notice of this Agreement may be recorded by Owner and the Taxing Jurisdiction shall cooperate in the execution of required Assignments with the Owner and its successors. Owner may, with advance written notice to the Taxing Jurisdiction and without prior consent, assign this Agreement to an affiliate of Owner or to any party who has provided or is providing financing to Owner for the construction, operation and/or maintenance of the Project. (b) Binding Effect. This PILOT Agreement shall inure to the benefit of, and shall be binding upon, the Taxing Jurisdiction, the Owner and their respective successors and assigns. 8. Statement of Good Faith. The Parties agree that the payment obligations established by this Agreement have been negotiated in good faith in recognition of and with due consideration of the full and fair taxable value of the Project. 9. Additional Documentation and Actions. Subject to applicable laws and regulations, each Party will, from time to time hereafter, execute and deliver or cause to be executed and delivered, such reasonable additional instruments and documents as the other Party reasonably requests for the purpose of implementing or effectuating the provisions of this Agreement. Owner shall pay all reasonable attorneys' and consulting fees incurred by the Taxing Jurisdictions to review and negotiate any such instruments or documents. 10. Notices. All notices, consents, requests, or other communications provided for or permitted to be given hereunder by a Party must be in writing and will be deemed to have been properly given or served upon the personal delivery thereof, via courier delivery service, by hand, or by certified mail, return receipt requested. Such notices shall be addressed or delivered to the Parties at their respective addresses shown below. If to Owner: Old Myers NY LLC Lightstar Renewables (c/o WeWorks) 501 Boylston Street Boston, MA 02116 With a copy to: Tom Brown, COO Tom. browntLh_htstar. com If to the Taxing Jurisdiction: Wappingers Central School District 25 Corporate Park Drive P.O. Box 396 Hopewell Junction, NY 12533 Attn: Superintendent Any such addresses for the giving of notices may be changed by any Party by giving written notice as provided above to the other Parties. Notice given by counsel to a Parry shall be effective as notice from such Party. 11. Applicable Law. This Agreement will be made and interpreted in accordance with the laws of the State of New York. Owner and the Taxing Jurisdiction each consent to the jurisdiction of the New York courts in and for the County in which the Project is located regarding any and all matters, including interpretation or enforcement of this Agreement or any of its provisions. Accordingly, any litigation arising hereunder shall be brought solely in such courts. 12. Termination Rights of the Owner. Owner may terminate this Agreement at any time by Notice to the Taxing Jurisdiction. Upon receipt of the Notice of Termination, the Project shall be placed on the taxable portion of the tax roll effective on the next taxable status date of the Taxing Jurisdiction. Owner shall be liable for all PILOT payments due in the year of termination, except that if Owner is required to pay any part -year real property taxes, the PILOT payment for that year shall be reduced pro rata so that the Owner is not required to pay both PILOT payments and real property taxes for any period of time. 13. Termination Rights of Taxing Jurisdiction. Notwithstanding anything to the contrary in this Agreement, the Taxing Jurisdiction may terminate this Agreement on thirty (30) days written notice to Owner if: a. Owner fails to make timely payments required under this Agreement, unless such payment is received by the Taxing Jurisdiction within the 30 -day notice period with interest as stated in this Agreement b. Owner has filed, or has had filed against it, a petition in Bankruptcy, or is otherwise insolvent; 14. Remedies; Waiver And Notice. (A) No Remedy Exclusive. No remedy herein conferred upon or reserved to Party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. (B) Delay. No delay or omission in exercising any right or power accruing upon the occurrence of any breach of an obligation hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. (C) No Waiver. In the event any provision contained in this Agreement should be breached by any party and thereafter duly waived by the other party so empowered to act, such waiver shall be limited to the particular breach so waived and shall not be deemed to be a waiver of any other breach hereunder. No waiver, amendment, release or modification of this Agreement shall be established by conduct, custom or course of dealing. 15. Entire Agreement. The Parties agree that this is the entire, fully integrated Agreement between them with respect to payments in lieu of taxes for the Project. 16. Amendments, This Agreement may not be effectively amended, changed, modified, altered or terminated except by an instrument in writing executed by the parties hereto. 7 17. No Third PartLi Beneficiaries. The Parties state that there are no third -party beneficiaries to this Agreement. 18. Severability. If any article, section, subdivision, paragraph, sentence, clause, phrase, provision or portion of this Agreement shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction, such article, section, subdivision, paragraph, sentence, clause, phrase, provision or portion so adjudged invalid, illegal or unenforceable shall be deemed separate, distinct and independent and the remainder of this Agreement shall be and remain in full force and effect and shall not be invalidated or rendered illegal or unenforceable or otherwise affected by such holding or adjudication. 19. Counterparts. This Agreement may be simultaneously executed in several counterparts, by original or electronic signature, scanned, emailed, faxed, or in hard copy, each of which shall be an original and all of which shall constitute but one and the same instrument. Executed by the undersigned as of the day and year first written above, each of whom represents that it is fully and duly authorized to act on behalf of and bind its principals. Wappin ers Central School District Dr. Dwigh onk Superintendent Date Old Myers NY LLC Tom Brown Chief Operating, Officer Title Date EXHIBIT A Description of Land 10 C C 0 E o. N 0 C 0 W ti N CD N U) W C (1) E 0 -j (L -6 0 V 0 w W F r_ E IL N 0 11 EXHIBIT B * Payments based on a system with a capacity of 2 Megawatts AC Year Payment 1 $4,187.47 2 $4,271.22 3 $4,356.64 .........� 4 ............ ....................... �...............-- $4,443.77 5 $4,532.65 6 $4,623.30 7 $4,715.77 8 $4,810.08 9 $4,906.29 10 $5,004.41 11 $5,104.50 12 $5,206.59 13 $5,310.72 14 $5,416.94 15 $5,525.27 12 Town of Wappinger Meeting: 07/24/23 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Adoption Prepared By: Joseph P. Paoloni TABLED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2023-91 DOC ID: 5985 Resolution Adopting Local Law No. 3 Of The Year 2023 Entitled "Amending Chapter 122 Of The Code Of The Town Of Wappinger To Update Fees And Fines." WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "Amending Chapter 122 of the Code of the Town of Wappinger to Update Fees and Fines." for consideration by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, the Town Board determined that the proposed action does not affect the environment and is not subject to SEQRA; and WHEREAS, a Public Hearing was held on July 24, 2023, 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, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; 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, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "Amending Chapter 122 of the Code of the Town of Wappinger to Update Fees and Fines.", as Local Law of 2023 a copy of which is attached hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED, that 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 shall file the Local Law with the Secretary of State of New York as provided by law and the Zoning Map of the Town shall be amended to reflect the change; and BE IT FURTHER RESOLVED, that this Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. RESULT: MOVER: SECONDER: AYES: ABSENT: TABLED [UNANIMOUS] Al Casella, Councilman Next: 8/21/2023 7:00 PM Angela Bettina, Councilwoman Richard Thurston, William H. Beale, Angela Bettina, Al Casella Christopher Phillips Updated: 7/20/2023 2:18 PM by Joseph P. Paoloni Page 1 LOCAL LAW NO. 3 OF THE YEAR 2021 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section L• Title. This Local Law shall be known and cited as Town of Wappinger Local Law No. 3 of the Year 2023 entitled "Amending Chapter 122 of the Code of the Town of Wappinger to Update Fees and Fines." This Local Law hereby revises the Schedule of Fees found at Articles IV of Chapter 122 of the Code of the Town of Wappinger and the Schedule of Fines found at Article V of Chapter 122 of the Code of the Town of Wappinger. Section IL• Amendments to Schedule of Fees found in Article IV of Chapter 122 The provisions of Article IV of Chapter 122 of the Town Code of the Town of Wappinger are hereby amended to read as follows: Article IV Schedule of Fees § 122-16 Fee Schedule. The fee schedule shall be as follows: A. Chapter 1, General Provisions. (1) § 1-9, sale of the Code Book: $125. B. Chapter 50, Records. (1) § 50-7A, Copies: (a) For paper records up to nine inches by 14 inches: [ 1 ] Twenty-five cents; or [2] The amount authorized by Public Officers Law § 87(1)(b)(iii), whichever is greater. (b) For paper records in excess of nine inches by 14 inches and records not in a paper medium [ 1 ] Twenty-five cents; or [2] The actual cost of reproducing the record, in accordance with Public Officers Law § 87(1)(c), whichever is greater. (2) § 50-7 B, Certification of Records: (a) To prepare and certify a copy of any record or paper on file: $1.25 per page, with a minimum fee of $10. (b) To certify a prepared copy of any record or paper on file: $1 per page, with a minimum fee of $10. C, Cha][,)ter 68, F)og Control 1,aw (n § 68A, Licema Iles Rw E)ogs� (a) lOwn We for a license for a spayed or neutered dog: $5.00 per license year; (b) Town 1'�ce Rw a licerse Rw an t.insq.)rayed or t.vineutered dog: $1310 per license year; (c) In The event flie'Town Board trandates a dog cersus, an Ulitiorml Re of $510 WH be assessed U) Al dog owners, whose dogs, are foi.ind to be t.vdicensed atthe We Me dog enwiuiadon is condumd; this We is 41 addition u) Me licerse RTs set 1`541 above, (2) § 68 12(13) Mxienq,)-cion Iles� (a) For first occasionu $60,00; (b) For second occasion within nve yearsA 100,00; (c) For third and si..ubseqi..uent occasion(s) within five years$'200,00; (d) In addition to the above redomption Wes, The redeetring party shaH also pay aH costs Nurred MY kervwling, inipoundment and veterinary care inch.xiing such itenis as required shots, (3) § 68 14(A) Adoption: $5000" D. Chapter 71, Assemblies, Mass Public. (1) §§ 714B and 71-9, permit application fee: $35 per day. E. Chapter 80, Blasting. (1) § 80-8J, blasting permit application fee: $500. (2) § 80-11D, inspection fee for blasting: $50 per blast. (3) Blas-ftig ]r,)enidts for (Jt' arry $' 11,000 ]r')er Year, E.1. Chapter 85, Building Code Administration. (1) § 85-12, vacating of stop -work order: (a) Isideroial- $'250, I (b) Coimi�ercial- $'500 first of'ferise, jb'11,000 secorld offarlse wifldrl five Years, (2) § 85-18 Building Permit Fees (a) Construction: [1] Residential: [a] New construction and additions: permit application fee of $150 plus: [i] One- and two-family homes, and modular dwelling: $0.75 per square foot of living space. ji � Mari t'� fiicttn-ed hoii�es- $'0,50 ]r,)er sql.�are foot of fivirig sq')ace' sqtare footage of grot'vid II oor only for two- story garages)- $'0,50 ]r,)er sqt,�are foot, [iv] Porches/Decks: _A foot, I)orclles or decks, which are ericlosed wifli heat iiay be corisidered to be fivirig sq.)ace 4:a.b.ject to flee a]r.)]r.)ficabIe charge for fivirig sq')ace' [B] Open deck: $0.25 per square foot, or the minimum fee of $100, whichever is greater. [v] One-story non -habitable accessory building without utilities (except garages): [A] Not greater than 72 square feet of floor area: $50. [B] Greater than 72 square feet and not greater than 200 square feet of floor area: $100. [C] Greater than 200 square feet of floor area: $100 plus $0.40 per square foot. U_ ri _j 7E U 0 _j 0 N Q N co W W [vi] Other new construction: [A] Pools. $ 11 } ,fib veggro.u. id $'1175, {2} In -ground pool: $250. _13 � Hott,gb- �$' 11 ` 0, i ri g Statiori $' 11 0 [b] Renovations: [i] One-half of "new construction and additions" costs in Subsection N(6)(a)[1][a] above. [2] Commercial, including, among other things, apartment buildings and multifamily homes, except two-family homes, which are addressed in "residential," above. [a] New construction: permit application of $250 plus $11,50 ]r,) r s(It, are foot t u][,) to and i ricli.uxii rig 5,000 sgta are feet, �$' 11,00 ]r,) ;r 4 mtare foot over [b] Renovations: [i] One-half of new construction costs in Subsection N(6)(a)[2][a] above. (b) Demolition: $100 minimum fee up to 2,000 square feet, plus $0.10 per square foot over 2,000 square feet. (c) Alterations and structural repairs (Building Department has discretion to determine whether an applicant's project is an alteration, a structural repair or a renovation.): $50 per inspection/visit; Building Department will estimate number of visits based on the nature of the permit. (d) Certificate of occupancy (includes new C/O and a C/O for change in use or for change in occupant): $250. (e) Other building permit fees: [1] Fireplace/stove/chimney: $150. [2] Replacement of furnace/boiler (includes hot water/heat/plumbing alterations and central air conditioning systems): $150. [3 1 L",lectrical t.q.)grades Oncludes change and lectrucal service, any extensions, of elecidc Wilhies, adding new outlets/sw1whes/Wresy Residerahl $50, Coniniercial $250, T'ent (leniporary pernk 1br erection on coininercial site)� $'250, [5] Compliance fee for structure or use for which no permit or C/O was obtained: II-aI ResidentiaL $'250, cost of bt,dlding ]r,)erndt for JjConiniercial: $500, plus costorbuildingponAtRw swourehBe jyj Reiny"c-don We My prior noncornpliance Obird and subseqmmt KEY $ 100 per vish, [8] Outdoor seating fee per year: $150 for the first six seats or portion thereof, plus $25 for each additional seat. (t.q.) to 116 seats, n ax ho um), [9] Portable storage unit: $100. [10] Standby generator: $150. [11] Inspections outside business hours: $250. [ 12] Amend building permit: $50. [ 131 T'aur k re oval � aI ResidentiaL $'1150, [bj Coniniercial: $250, [1141Taur k installation above groi..un& aI ResidentiaL $'1150, [bj Coniniercial: $250, [151Bu44ding PernhMenewaE [al Base Pernk Fee plus 1011 and estitnated firstrenewal, bI Base I)erinit Fee plus 2551 and estitnated pr(:.jectcost for second renewal, Ila. I Base I)erinit Feeplus 50%, and egdamted renewal, [1161 L",lectrical vehicle charging Mon on conimercial propeny: $250 My first charging stadon plus $50 For each additional charging Mon, [171 In MaH ad on or Replacernent or (Ad May L",xistingTower $'500, (f) Uniform Solar Permit Application lie: $150. ResidentiaL $'250, [b�CoimnerciaL $'500, (g) Commercial roof truss assembly inspection. $50. (2) C/O and/or municipal violation search. 111 ROMA] nn..viicipal search� $'250, [b� Coininercial nn..v6ci]r.)a1 search� j $'325 Single Occt.q.)ancy t.q.) to 5,000 sqt,�are feet, YJ $50OS4iWe(kcupuwy(wei-5,000u,,qi,.uai-c.°i'g.�c.�-a,, jii � More than one occttpancy- base fie phn; $ 100 per occupant, [c� tJ]rxiate nn..viicipal search (alley 30 days new sew -ch Fie,) [i I Residential search updaw 1150, 101 Coniniercial search Lqpdate $100, (3) 0][,)erat4ng Pennit Fees, Annt,�al fee My opm-ating Wks ror anns asseinbly and nonresiden-lial LNes reqWring operwing permim 14 to 999 sqt,�are feet $100 11,000 to 2,999 sqt,�are feet $150 3,000 to 5,999 sqt,uare feet $250 6,000 to 1111,999 sqt,uarel feet $300 112,000 to 24,000 sqt,�are feet $500 Above 24,000 sqt,�are feet $500 pWs $25 flor each ]4,( 00 sqt,,are feet above 24,000, Coininon Area of Bt,dlding $175 [bMi.fl-6][.fle dwelfings� jj I Tbree to 10 unity $200 per year, ji � L"leven to 50 t,viits� $'275 ]r,)er year, 444 � More flian 50 t,viits� $'350 ]r,)er year, a U- W U- ri -j U 3 CM C E 0 '0 C', O C', Ch w w jv� c Alarii� for riom-esideritial occt.q.)aricies- $'1150 ]r,)er year, -d lrlsq,)ectiorl of llosq,)itals, rit'n-sirig lloii�es arid heahli -care fcwifities- $'250, -eS]r')eCial everits, (r,)er occtn-rerlce), ot,o,door asseii�bfies, ot,o,door sales, cofml�ercial terits, arld ii�eii�brarie strtwttn-es, canlivals, arld fiiirs, coricerts, etc,- $'250 each, -1] 1`irework sales- �l-i � A]r.)]r.)ficati(:)ri fee- $'250, -ifl Nsq.)ectiori fee- $'250, � 1`i re ][,)rotectiorl �l-i � S]r,)rirMers, and fire systelm"- $-300 for each riew irlstallatiorl, (Note A bt,61(firig ]r.)enidt will also be reqt,6red) Reflovatiorls, or fmxfificatiorls to existirig systeiw,,- $'250, (Note- A bt,61(firig ]r.)enidt will also be reqt,6red) (4) §85-113 (',',harige of Nori -Resideritial Occt.q.)aro, $'250, E.2. Chapter 99, Collateral Loan Broker. (1) § 994B, application fee: $250. F. Chapter 133, Flood Damage Prevention. (1) § 133-11B, floodplain development permit fee: $150. (2) § 133-11B, escrow fund: $250 or a greater amount as determined by the Zoning Administrator. F.1. Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection. (1) § 137-10B (4), escrow fund: $1,000. (2) § 137-7B (6), freshwater wetland, waterbody and watercourse protection permit fee $150. (3) Inspection outside of business hours: $250. G. Chapter 143, Garage and Yard Sales. ii LL 7E U 0 -j 0 N Q N CO W W (1) § 1434K, garage/yard sale permit: no fee. H. Chapter 153, Junkyards. (1) § 153-5A, license fee: $200 per year. (2) § 153-5A, subsequent inspections for failure to comply: $50 per inspection. H.1. Chapter 166, Noise. (1) § 166-13B (6), special waiver application fee: $500. L Chapter 175, Peddling and Soliciting. (1) § 175-7B and 175-9A, application/license fee: $200 per year, plus $50 for each addition to the original license per year. (2) § 175-9B, weekend -only permit: $35. (3) § 175-10B, replacement fee for lost or stolen license: $25. Ll. Chapter 192, Service Pipes, Sewer and Water. (]]( § I92 2 , ]r,)enidt for i ristallirig lateral water li ries- $'250, (2( § I92 2 , ]r,)enidt for i ristallirig lateral sewer li ries- $'250, J. Chapter 206, Soil Erosion and Sediment Control. (1) § 206-17, grading permit and inspection fees: (a) For projects less than one acre: $250. (b) For projects of one to five acres: $750. (c) For projects exceeding five acres: $1,000. (2) § 206-17, inspection fees: (a) For projects of three acres or less: $100. (b) For projects exceeding three acres, use the formula: 20 (slope) X 5 (total area in acres) or 20 M X 5A. K. Chapter 214, Streets and Sidewalks. (1) § 214-7, permit fee for excavating in or under highway: $50. (2) § 214-18, driveway permit fee: $150. m ii a� a� U_ M J 7E U 0 J a1 Q 0 Q a� M N O N CO W W L. Chapter 217, Subdivision of Land. (1) Subdivision application fee: $1,500, plus $250 per lot. (2) Lot line realignment application fee: $500. (3) Lot consolidation application fee: $500. (4) Recreation fee: (a) For one to nine lots: $5,000 per lot. (b) For 10 or more lots, the Planning Board shall determine whether to require the reservation of land, or payment of $5,000 per lot. M. Chapter 234, Water. (11) § 234 44111, ]r,)enidt fee to streets, larles, etc'to irlsaall ii�airis, services, etc,- $'1150 0 (2) § 234-45, fee for turning water on and/or off at owner's request: $50 per request. N. Chapter 240, Zoning. (11) § 241:1 , 111(l)(e), a.ra.hidea.;ttval dees- (b) 11_?4ma.row ft,vids- No escrow for iidrio , $'2,000 1`or MaJor, (]1, ]1) § 241:1 48, ori ew sq.)ea i al (a) $' 11,000 ]r')er resideroial wi llot, a site (b) $11,500 coimi�ercial wifli site (C) aflf erlded sq,)ea ial a�se fee- $'`00 for re4:mlderoial $'750 for coimi�ercial (1.2) § 240-27.1, permit fee for temporary sales trailer or construction trailer: $250. (7) § 241:1 9, ]r,)enidt 6'1e for tel1q,)orary ot,o,door t,,s ; arld/or sales, (iria.;hxfirig sigri): $'250 (3) § 240-84, site plan fees: (a) Site plan application fee: $1,500, plus $250 per 1,000 square feet of gross floor area of the building, plus $20 per parking space. (b) Amended site plan application fee: $750, plus $250 per 1,000 square feet of gross floor area, plus $20 per parking space. m ii m m LL ri J 7E U 0 J a1 Q 0 Q a� M N O N U) W W (c) Recreation fee: $5,000 per dwelling unit on the original site plan containing residential units. (Note: Such fee shall be payable by the applicant only upon the granting by the Planning Board of site plan approval and a finding by the Planning Board that the granting of the application will create a need for additional parkland in the Town and that a suitable park or parks cannot be located on the site.) (4) oria.e]r.)-u.W review fee (sab iv4siori, site ]['flarl, sq') ;a.ial 1100 ]r')er q'�]4�f44a.atiorl 4�4a�4:m arl 1"Irlg irleer 1�ev4ew fee of $"300, (5) § 240-107, fees for applications to Zoning Board of Appeals: (a) (Resident) Area/use variance fee: $375 per application. (Note: Applicant also is responsible for payment to third parties of associated fees and costs, including, e.g., publishing of public notice.) (b) (�.�`oimi� .era.°4al) Area).�se va.riarice fee- �$' 11,000 ]r.)er also is resq,)orisible 4'or ][,)ayii�erltto -01ird ]r')a l.4es, of associated 4ria.°hx1irigg, e ]4�)i..H i sh i ri gg of]r.,)i..H i c ori oti a. e, ) (c) Interpretations. [1] Residential interpretation fee: $150. (6) § 240-108, building permit fees: See Chapter 85. (7) § 240-110, Escrow funds: (a) For subdivision application review, the applicant shall deposit and maintain a sum calculated as follows: Number of Lots Amount 3 to ]] 0 ]] 0,000 11 to 35 $22,500 More than 35 $52,500 (b) For site plan application, special use permit application, and rezoning application review, the applicant shall deposit and maintain a sum calculated as follows: Square Footage Amount 0 to 3,000 $`x,000 3 100 11 to 20,000 110,000 20,001 to 50,000 $22,500 Greater than 50,000 $52,500 (C) ia'or 11drio (grlCh'xges, office e o sttxiio t' 4ses i rl a residerice; llofl�e occt'lg�)adiorls, irivolvgrigg orl-site a:lierlts Visitors, Ct'usmt:�IIWI SI OT ]r')atrorls; lot lifee ,.�..agari� �s i�M��ir➢�d�i�7a��;wgb��aV�d�rM ��tl�br7yl�as arld Which irevolve g�s�, earl 110% of the, lot area of each i.rivovedlot; a.rld 4ma.�. divi4miori4m iri which rio riew bi..ufldirig lots are a.rea:a:ed), flie iCarl :a:shall deq')o4,mgtarld 11��.airltairl a sanl� a:<blctflad.ed as doflows- $'2,5 00, (d) For variance application review, the applicant shall deposit and maintain a sum determined by the Zoning Board of Appeals. (e) For construction inspection for a subdivision or site development plan involving a performance bond, the applicant shall deposit and maintain a sum equal to 3% of the construction costs as estimated by the Town Engineer. [1] In addition, for post approval construction review for a subdivision or site development plan involving a performance bond, the applicant shall deposit and maintain a separate sum calculated as follows: For Subdivisions No of Lots For Site Plans Square Footage Amount 11 to 35 20,001 to 50,000 $16,875 More than 35 Greater than 50,000 $26,250 [2] Notwithstanding the above, the Building Inspector, in consultation with the Town Engineer, Town Attorney and/or Town Planner, may modify or waive the post approval review escrow deposit above, based upon the amount of post approval review costs, if any, the Town is expected to incur in connection with a specific project. However, a full or partial escrow deposit may be required at any time by the Building Inspector depending upon the actual need for professional post approval review services. (f) Post approval review not involving a performance bond. [1] For post approval review and construction inspection for a subdivision or site development plan not involving a performance bond, the applicant shall deposit and maintain a sum calculated as follows: For Subdivisions No of Lots For Site Plans Square Footage Amount 0 to 2 0 to 3,000 $6,000 3 to 110 ' 10011 to 20,000 �$' 110,000 11 to 35 20,001 to 50,000 $16,875 More than 35 Greater than 50,000 $26,250 [2] Notwithstanding the above, the Building Inspector, in consultation with the Town Engineer, Town Attorney and/or Town Planner, may modify or waive the post approval review and construction inspection escrow deposit above, based upon the amount of post approval review and construction inspection costs, if any, the Town is expected to incur in connection with a specific project. However, a full or partial escrow deposit may be required at any time by the Building Inspector depending upon the actual need for professional post approval review or construction inspection services. (g) For grading permit inspections, the applicant shall deposit and maintain the following sums: [1] For projects less than one acre: $250. [2] For projects of one to five acres: $750. [3] For projects exceeding five acres: $2,500. (8) § 240-112A (2), application/petition fee for rezoning: $1,000. (9) § 240-53, accessory apartments: (a) § 240-53D (5), application review fee: $750 per application. (b) § 240-53F, nonfamilial renewal inspection fee: $150 per year. (10) § 240-29(1) Sign permit application fee (for the construction of a new sign or the alteration of an existing sign): $3.50 per square foot. (Note: Construction of a new sign will also require a building permit and payment of the associated fee.) O. Miscellaneous fees. (1) Garbage tickets: (a) For seniors (60 and over): $2 per ticket. (b) For all others: $4 per ticket. (2) Returned check fee: $20. (3) Plans and specs (refers to plans and specs to be obtained from the Town of Wappinger by bidders for Town projects): $50 to $100. (4) Agricultural burning permits: $150. § 122-17 Periodic review. The Town Board may periodically review the fee schedule set forth in this article and may, by local law, after a public hearing for which notice shall be given 10 days prior, amend the fees set forth herein. Section III: Amendments to Schedule of Fines found in Article V of Chapter 122 Chapter 122, Article V §122-20(B) of the Town Code of the Town of Wappinger is hereby amended to read as follows: "13 (1( § 85-114A (1(, 64rie- (a) Miriiim�niu .: $'250, (b) Max:iimii - $'2,000, (2( § 85-114 (), firie- (a) Miriiim�niu .: $600, (b) Max:iimii - $4,000, (3) § 85-114/' (3), 64rie- (a) M4rlifml� - $' 11,000, (b) Max:iimii - $'8,000," a� i� m m U- M J 7E U 0 J a� 0 Q 0 Q a� M N O N CO W W Chapter 122, Article V §122-20(D) of the Town Code of the Town of Wappinger is hereby amended to read as follows: "D, 68, Dog (.7oiritrol Law (11) § 68-112(A) Firie- Miriiim.ni�- $60, Maxiim�ni�- $'250, 1 (2) § 68-112(B) Civil Perialty- (a) Firstoffrlse- 1 Mirlifm.nl�- $'1100, MaNiim�vi�- (b) Secorid and sabseqt ero, of'ferises- Miriiim�ni�- Chapter 122, Article V §122-20(GG) of the Town Code of the Town of Wappinger is hereby amended to read as follows: "GG, Cha][,)ter 241), Zoriirlg, (11) § 241) 106.1((,"), firie- (a) First off� rlse- �1-2� Maxiimi- $'2,000, (b) Secorid offerise- �1-2� Maxiimi- $4,000, (c) U- W U- ri -j 7E u 0 -j O 0 04 Q 04 Ch W W Section IV. Numbering for Codification. It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section V. Severability. The invalidity of any word, section, clause, paragraph, sentence, part or provision of this Local Law shall not affect the validity of any other part of this Local Law, which can be given effect without such part or parts. Section VI. Effective Date. This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-88 Meeting: 07/24/23 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 5978 Resolution Appointing Seasonal Laborers WHEREAS, the Town Board has determined that hiring seasonal employees in the Buildings and Grounds Department to assist with the repairs and maintenance of Town Buildings and Grounds is necessary; and WHEREAS, the Rules of the Dutchess County Department of Human Resources authorizes the appointment of employees by the Town on a seasonal basis; and WHEREAS, the Supervisor of Buildings and Grounds recommends the appointment of three employees as Groundskeepers on a seasonal basis; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints Thomas Johnston as Seasonal Laborers who shall be compensated at $18.00 per hour out of budget line B.7110.0120 with a starting date retroactive to April 11, 2023. 2. The Town Board hereby appoints Ethan Rastaudt as Seasonal Laborers who shall be compensated at $20.06 per hour out of budget line B.7110.0121 with a starting date retroactive to July 13, 2023. 3. The Town Board hereby appoints Christopher Cato as Seasonal Laborers who shall be compensated at $20.06 per hour out of budget line B.7110.0122 with a starting date retroactive to July 18, 2023. Christopher Cato resigned effective July 18, 2023. 4. This appointment is a seasonal appointment in accordance with the rules of the Dutchess County Department of Human Resources. 5. This appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 6. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. 7. The 2023 Budget makes appropriations for this position. COMMENTS - Current Meeting: Richard Thurston confirmed that there were Nays nor Abstentions. Neither Councils Bettina nor Casella spoke up to disagree. Thus the resolution passed. Updated: 7/24/2023 9:05 PM by Joseph P. Paoloni Page 1 Resolution 2023-88 RESULT: ADOPTED [UNANIMOUS] Meeting of July 24, 2023 MOVER: William H. Beale, Councilman SECONDER: Richard Thurston, Supervisor AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips Updated: 7/24/2023 9:05 PM by Joseph P. Paoloni Page 2 Town of Wappinger Meeting: 07/24/23 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Appointments / Terminations Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Adimin Sponsors: RESOLUTION 2023-101 DOC ID: 5990 Resolution Appointing And Promoting Personnel In Buildings & Grounds Department of Labor WHEREAS, the Supervisor of Buildings and Grounds has requested that the Town Board create the Civil Service Title of Senior Laborer for the Town of Wappinger and create additional positions in the Laborer title to expand the duties of the positions in his Department; and WHEREAS, the Town of Wappinger and the TEAMSTERS UNION LOCAL 445 approved a Memorandum of Agreement regarding salaries for the above noted title; and WHEREAS, Town Board has determined that creation of these positions in the Buildings and Grounds Department to assist with the repairs and maintenance of Town Buildings and Grounds is necessary; and WHEREAS, the positions of Senior Laborer and Laborer are Non-competitive positions under the Rules of Dutchess County Human Resources so there is no requirement to canvass from a civil service list; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby promotes Richard Meddaugh to Senior Laborer who shall be compensated at $22.56 per hour out of budget line B.7110.0113 with a promotion date retroactive to July 17, 2023. 2. The Town Board hereby promotes David Pilon to Laborer who shall be compensated at $21.06 per hour out of budget line B.7110.01110 with a promotion date of July 24, 2023. 3. The Town Board hereby promotes Joseph Velders to Laborer who shall be compensated at $21.06 per hour out of budget line B.7110.01114 with a promotion date of July 24, 2023. 4. The Town Board hereby retroactively appoints Joseph Velders to Laborer with a starting date of June 26, 2023, who was compensated at $20.06 per hour out of budget line B.7110.01114 from June 26, 2023 until his promotion date of July 24, 2023 as noted above. 5. These appointments are subject to the approval of the Dutchess County Department of Human Resources and are further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 6. All necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources. 7. The 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 Updated: 7/26/2023 3:42 PM by Joseph P. Paoloni Page 1 Resolution 2023-101 Human Resources. 8. The 2023 Budget makes appropriations for these positions. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman Meeting of July 24, 2023 SECONDER: Al Casella, Councilman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips Updated: 7/26/2023 3:42 PM by Joseph P. Paoloni Page 2 Town of Wappinger Meeting: 07/24/23 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Appointments / Terminations Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Adimin Sponsors: RESOLUTION 2023-93 DOC ID: 5982 Resolution Establishing Title Of Assistant Recreation Director And Appointing Person WHEREAS, the Town Board wishes to establish the position of Assistant Recreation Director for the Town of Wappinger; and WHEREAS, the Assistant Recreation Director job tittle is a Competitive Position under the Civil Service Rules of Dutchess County Human Resources having the duties and qualification listed in the attached job description; and WHEREAS, the position of Assistant Recreation Director is not currently categorized under the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 ("CBA"); and WHEREAS, the Town Board has determined that the creation of the Assistant Recreation Director position will benefit the residents of the Town of Wappinger; and WHEREAS, the intention to fill the vacancy has been posted in accordance with the CBA; and WHEREAS, Dutchess County Human Resources does not currently have an active canvassing list for the position of Assistant Recreation Director so the Town may appoint a person to the title provisionally; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby creates the position of Assistant Recreation Director for the Town of Wappinger with the duties and qualifications in the attached job description from Dutchess County Human Resources and the Town Board agrees that the position shall fall within the Collective Bargaining Unit for the CBA. 2. The Town Board hereby promotes Cheryl Migatz to the position of Full -Time Assistant Recreation Director as a provisional Civil Service Appointment pending a satisfactory score on a future Civil Service Examination for the position effective as of July 17, 2023. 3. The appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 4. The Town Human Resources Department shall file the paperwork necessary to effectuate this appointment with the Dutchess County Department of Human Resources and any other required agency. 5. The appointment is subject to a probationary term of not less than eight nor more than twenty-six weeks in accordance with the rules of the Dutchess County Department of Human Resources. 6. Compensation for the Assistant Recreation Director shall be at a rate of $23.40 per hour and paid in accordance with the terms of the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 from budget line B.7020.102. Updated: 7/20/2023 1:58 PM by Joseph P. Paoloni Page 1 Resolution 2023-93 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman Meeting of July 24, 2023 SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips Updated: 7/20/2023 1:58 PM by Joseph P. Paoloni Page 2 ASSISTANT RECREATION DIRECTOR DISTINGUISHING FEATURES OF THE CLASS: This work involves assisting in the planning and directing of the recreation program for a county, town and/or village. The work is carried out according to policies outlined by the local recreation committee or youth board. This class differs from that of Recreation Attendant by virtue of the greater supervisory and program responsibilities. The work is performed under the general supervision of the Recreation Director. Direct supervision is exercised over Recreation Attendants, Lifeguards, or other subordinate members of the recreation staff. TYPICAL WORK ACTIVITIES: Typical work activities for incumbents in this title include those listed below in addition to those typical work activities performed by lower -level titles in the series. They are indicative of the level and types of activities performed by incumbents in this title. It is not meant to be all inclusive and does not preclude a supervisor from assigning activities not listed which could reasonably be expected to be performed by an employee in this title. 1. Promotes the organization of recreation activities; 2. May confer with policy making body on matters of size and scope of recreation program; 3. May conduct training sessions for recreation specialists, attendants and lifeguards; 4. Assists in planning for improving existing recreation areas; 5. May deliver addresses and issue press reports on the recreation areas; 6. Maintains discipline in swimming areas and on playgrounds; 7. Prepares reports on the operations of the program; FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS: Good knowledge of the equipment, facilities and personnel necessary to carry out recreation activities on a moderate scale; Working knowledge of the theory and practices governing the administration of a community recreation program; Ability to plan and supervise the work of others; Ability to get along well with children and the general public; Ability to communicate effectively both orally and in writing; Personal characteristics necessary to perform the duties of the position; Physical condition commensurate with the demands of the position. m E U M Q ASSISTANT RECREATION DIRECTOR (Cont'd) MINIMUM QUALIFICATIONS: Graduation from high school or possession of a high school equivalency diploma AND: EITHER: (A) One (1) year of responsible experience in planning or directing recreation activities; OR: (B) One (1) year of study in physical education, recreation, or a closely related field; OR: (C) An equivalent combination of education, training, and experience between the limits of (A) and (B) above. NOTE: Your degree or college credit must have been awarded by a college or university accredited by a regional, national, or specialized agency recognized as an accrediting agency by the U.S. Department of Education/U.S. Secretary of Education. ADOPTED: 05/21/79 REVISED: 12/6/19 8/27/21 0 E U M Q Town of Wappinger Meeting: 07/24/23 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Appointments / Tenninations Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2023-96 DOC ID: 5986 Resolution Promoting Person To Deputy Court Clerk WHEREAS, pursuant to Town Law § 20 and Uniform Justice Court Act § 109, the Town Board shall provide such non judicial personnel for the Town Justice Court as is necessary; and WHEREAS, the Clerks of the Court are employed only upon the advice and consent of the Town Justices pursuant to Town Law § 20; and WHEREAS, the Town Justices recommend the promotion of Emily Foss from the position of Clerk to the Justice to fill the vacancy in the position of Deputy Court Clerk; now, therefore. BE IT RESOLVED, that the Town Board, with the consent of the Town Justices, promotes Emily Foss to the position of Deputy Court Clerk with her compensation at the rate of $26.91 per hour in accordance with the terms of the CBA and as established in the 2023 budget; and BE IT FURTHER RESOLVED, that the above appointment is an Exempt Civil Service Position in accordance with the rules of the Dutchess County Department of Human Resources; and BE IT FURTHER RESOLVED, that the above appointment is subject to the approval of the Dutchess County Department of Human Resources and are further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources; and BE IT FURTHER RESOLVED, that all necessary documentation for the appointment shall be filed with the Dutchess County Department of Human Resources; and BE IT FURTHER RESOLVED, that the Clerk of the Court shall file with the Office of Court Administration any documentation necessary to effectuate the intent of this resolution. BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips Updated: 7/20/2023 2:27 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-99 Meeting: 07/24/23 07:00 PM Department: Town Clerk Category: Grants Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 5984 Resolution Authorizing Application Of Tri -Municipal Sewer Commission For A Grant Under NYS EFC Engineering Planning Grant For Regional Chlorine Elimination Study WHEREAS, the Town of Wappinger is a tenant to the wastewater treatment plant operated by the Tri -Municipal Sewer Commission and utilizes generates approximately half of its usage on average; and WHEREAS, New York State Department of Environmental Conservation will be lowering the allowable standards for the discharge of chlorine in the effluent from licensed wastewater treatment plants; and WHEREAS, reducing or eliminating residual chloring from the Tri -Municipal Sewage Treatment Plant effluent will improve Hudson River water quality and protect it's vital ecosystem; and WHEREAS, the Tri -Municipal Sewer Commission is seeking a grant from the NYS Environmental Facilities Corporation for and Engineering Planning Grant for a Regional Chlorine Elimination Study that will prepare the Tri -Municipal Sewer Commission with the initial planning step for making necessary upgrades to the disinfection process; and WHEREAS, the EPG grant application requires the applicant municipalities to obtain the approval/ endorsement of the governing body of the municipality or municipalities in which the project will be located; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby approve and endorse the application of the Tri -Municipal Sewer Commission for a grant under the NYS Environmental Facilities Corporation Engineering Planning Grant for a Regional Chlorine Elimination Study; and BE IT FURTHER RESOLVED that the Town Board authorizes the Town Supervisor, the Engineers to the Town, the Attorneys to the Town and its Grant Writer to sign and execute any documents associated with the NYS Environmental Facilities Corporation Engineering Planning Grant Application. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips Updated: 7/20/2023 2:14 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-100 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Meeting: 07/24/23 07:00 PM Department: Town Clerk Category: Correspondence Prepared By: Joseph P. Paoloni Initiator: MinmeTraq Admin Sponsors: DOC ID: 5977 Corn spand en e Log - 2023-07-24 Number To From Date Date Rec' Re: Agenda Date 07-24-001 Supervisor Catherine Weisse - DC Real Property 7/14/2023 7/17/2023 2023 Town Re -Levies 7/24/2023 07-24-002 Town Board Barbara Roberti 7/17/2023 7118/2023 Perf & Makit, Bonds June and July 7/24/2023 07-24-003 Town Board Town Justices 7/612023 7/20/2023 Justice Monthly Re orfs 7/24/2023 07-24-004 Town Board Tax Receiver 7/20/2023, 7128!2823 June Monthly Re orf 7/24/2023 07-24-005 Town Board V11a Picante Tacos & Mas 7/12120231 7118/20231Uquor License Appkhon 7/24/2023. 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Angela Bettina, Al Casella ABSENT: Christopher Phillips Updated: 7/20/2023 11:42 AM by Joseph P. Paoloni Page 1 July 14, 2023 Richard L. Thurston, Spvr Town of Wappinger Box 324, 20 Middlebush Rd Wappingers Falls IVY 12590 Re: 2023 Town Re -Levies Fear Supervisor Thurston: COUNTYF DUTCHESS DEPARTMENT OF FINANCE REAL PROPERTY TAx SrMVICE9 DlvisNoN MOM H d lrmL.SACH CCW AliSsiONrFa 171x;1 CTOR \NaP019" Cerk As we look ahead at the processes for the preparation of the County/Town tax bilis, I would like to inform you that tho dUe Aat§ far th ear." levi f lV�svember xa Please keep in mind that pursuant to Town Law §§ 104 and 198(3)(d), Town Clerks must file water re -levy lists with the Town Board by September 20th unless there is a resolution extending the date to no later than November 15t, The Town Supervisor must then turn the lists overto the County. The process is similar for sewer re -levies. Having everyone's lists by November 3ro gives the County the ability to process the re -levy lists and produce the January County/Town tax bilis in a timely fashion. There is no change in the format of how the lists need to be submitted, and my office will send out further information in the fall. Please share this information with the appropriate department(s) responsible for preparing the re -levy lists. If you have any questions, please feel free to contact my office. Sincerely, Catherine Weisse Director of Real Property Tax Services Cc: Town Clerk 22 Market Street a Poughkeepsie, New York 9,2601 .;845)X186-2140 m Fax (845) 485-7093 wwrw Autchessay.gov Director. of Strategic Planning & Municipal Codes Barbara Roberti - Ext. 128 PLANNING BOARD & ZONING BOARD OF APPEALS SECRETARY Bea 0R&tqvtd JUL X 8 2023 Town of wappinger Town Clerk »'K ZONING DEPARTMENT 20 IVMDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-1373 Ext. 2 Fax (845) 297-4579 www.towaofwappingemy.gov To: Joseph Paoloni, Town Cleric From: Barbara Roberti, Director of Strategic Planning and Municipal Codes Re: Schedule of Performance & Maintenance Bonds for the month o June - July 2023 July 17, 2023 PERFORMANCE BONDS SUBDIVISION (Sub.) SECURER SUPERVISOR Dr. Richard L. Thurston TOWN BOARD William H. Beale Chris Phillips Angela Bettina Al Casella - SITE PLANS (SP) _ . BY AMOUNT CALL EXPIRES STATUS,,,,, Maloney Heights Subdivision Bond $222,120.00 10/19/23 11/19/23 -1St reduction (Abj ad Nesheiwat) #775180S accepted by TB 5/26/2020 Myers Corners Landing Cash Bond $122,000.00 No expiration date Ridges Subdivision Letter of Credit $104,464.80 5/1/24 6/30/24 MAINTENANCE BONDS Hilltop Villaae-Toll Land V Bond $92,491.00 12/12/23 -accepted by TB 6/&/2020 -3rd Reduction accepted by the TB - accepted by TB 12/13/21 Furnia Subdivision Letter of Credit $52,.128.00 12/12/24 -accepted by TB 12/12/22 1 SITE PLAN RESTORATION BONDS Chelsea Farms Cash Deposit $19,778.00 ****** - Accepted by TB on 2-28-22 tree felling. Hindu_Sa_m__ai Cash Deposit $7,500.00 -Accepted by the TB on March 9, 2020 for tree felling. 0 Hudson Valley Lighting Cash Deposit $7,200.00 ****** -Accepted by TB on 0 March 8, 2021 Released upon = Resolution Approval °Q W/ signed. maps 2 Myers Run Subdivision Cash Deposit $13,398.00 ****** -Accepted by the TB on L 0 v March 14, 2022 for tree o felling. N 0 N Old Myers NY LLC Solar Farm Perf Bond $30,000.00 3-26-24 -Accepted by TB on CO March 27, 2023. P Tree felling. It* Red Cedar Arborist, Inc. Cash Deposit $10,000.00 -Accepted by TB N August 23, 2021 N 0 a� E U Cc: Planning Board Jon Bodendorf Q Town Board Michael Sheehan Jaines Ploran File 2 TOWN JUSTICE HEATHER L. KITCHEN July 5"', 2023 TOWN OF WAFFINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPfNGERS FALLS, NY 12590-0324 (845) 297-6070 (845) 297-7739 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 RPv1. 2nd and 4th Wednesdays 5:30 P.M, 1st and 3rd Thursdays 5:30 P.M. Supervisor Thurston and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 Re: Carl S. Wolfson, Town Justice Monthly Report, June 2023 Dear Supervisor Thurston and Members of the Town Board; CO3USTICEE CARL S WOLFSON eceNed JUL_ p2023 'own of Wappinger -hewn Clerk The following is a report of the cases disposed of during the month of June 2023; 7 Penal Law matters resulting in $0.00 collected in fines and fees. 220 Vehicle and Traffic Law matters resulting in $13,423.00 collected in fines and fees. 8 Civil matters resulting in $130.00 collected in fees. 21 Termination of Suspension matters resulting in $1,820.00 collected in fees. 4 Transportation Law matters resulting in $0.00 collected in fines. I have forwarded a check in the amount of $15,373.00 to the Town of Wappinger Comptroller,1 adlition, I am holding $16,619.00 in pending bail. Carl S. Town J cc: Joseph taolopii, Town Clerk TOWN JUSTICE HEATHER L. KITCHEN July 5"', 2023 TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPiNGERS FALLS, NY 12590-0324 (845) 297.6070 {845)297-7739 FAX: (845) 297.0145 COURT HOURS: Received Tuesday 5:30 P.h1 2nd and 4th Wednesdays 5:30 P.M. 7st and 3rd Thursdays 5:30 f'.M. gg ll 2 0,2023 Supervisor Thurston and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 TOWN JUSTICE CARL S. WOLFSO( Town of Wappinger Town Clerk Re: Heather L. Kitchen, Town Justice Monthly Report, June 2023 Dear Supervisor Thurston and Members of the Town Board; The following is a report of the cases disposed of during the month of June 2023; 19 Penal Law matters resulting in $760.00 collected in fines and fees. 165 Vehicle and Traffic Law matters resulting in $12,213.00 collected in fines and fees. 6 Civil matters resulting in $65.00 collected in fees. 17 Termination of Suspension matters resulting in $1610.00 collected in fees. 3 Transportation Law matters resulting in $0.00 collected in fines. 4. Town Ordinance matters resulting in $600.00 collected in fines. 2 Executive Law matters resulting in $1.00.00 collected in fees. I have forwarded a check in the amount of $15,348.00 to the Town of Wappinger Comptroller. In addition, I arolding-`V3-N3.00 in pending bail. Heather L. Town Justi cc: Joseph Paoloni, Town Clerk RECEIVER OF TAXES Lee Anne Frena 20 MIDDLEBUSII ROAD WAPPINGERS FALLS, NY 12590 WWW.TOWNOFWAPPINGERAS (845) 297-4158 - Main (845) 297-4342 - Direct (845) 2.97-1478 — Fa x BEGIN. BANK BAL. Receipts/Deposits Interest Bank Error Other Total Less Disbursements/Adjustments Checks Paid Returned Checks Misc. 1:10 [0110 rcs IMA 01 Lrq MWAI Less Pending Checks ENDING BOOK BALANCE TOWN01RWAVRINGER SUPERVISOR r, RichardThurston O. BOARD ot)4 William H. Beale Angelo Hattivin JUNE 2023 REALTY TAX REPORT Christopher Phillips Al Casella 'roWN CLERK Joseph P. Paoloni HIGHWAY SUPERINTENDENT Michael Sheehan $ 337,920.07 JUL 2 0 2023 $ 277,541.77 $ 1,430.15 Town of Wappinger Town Clerk MHOMM. $ (2,018,93) $ (10.00) chargeback fee $ 614,863,06 $ (5,177.23) $ 609,685.83 Submitted by: Lee Anne Frena, Receiver of Taxes 0 —J 4) U 0 0. M 2 0 L) Q Q N Q N U) W W It* N I- 9 M N Q N E U M JUNE 2023 REALTY TAX RECEIPTS A 8 C D E F G H I 1 1 DATE AMOUNT ,. BATCH TAX PENALTY MEMO NOTICE OVR DUP JINTERtST RETURNS 2 RECEIVED {:: NO. FEE FEE PAYMENT CHECK FEE 3 4 6/1/2023 $ 102,200`42 120 $ 100,169,03 2,003.39 $ 28.00 5 6/2/2023 $ 0.28 _$ 1 $ 0.18 6 6/5/2023 $ 54,593.57 121 $ 53,503.49 $ 1,070.08 $ 20.00 7 6/5/2023 $ 15,942.42 122 $ 15,625.92 $ 312,50 $ 4.00 8 6/13/2023 $ 38,269.63 123 $ 37,229.04 $ 1,020.59 $ 20.00 9 6/22/2023 $ 43,777.24 124 $ 42,076.14 $ 1,683,10 $ 18,00 10 6/22/2023 $ 15,071,17 125 $ 14,485.74 $ 579.43 $ 6.00 11 6/22/2023 $ 5.00 $ 5.00 12 6/23/20231 $ 481.98 126 $ 461.52 $ 18.46 ! $ 2.00 13 6/30/2023 $ 7,200,16 127 $ 6,917.44 $ 276.72 $ 6.00 14 6/30/2023 $ 1,432:_15 $ 1,430.15 15 TOTALS i $ 278,971,52 $ 270,468.32 $ 6,964.27 $ 5.00 $ 104.00 $ 1,430.33 16 17 _ 18 6/16/2023 $ (2,0181-93), 123 $ (1,939.36) $ (77.57) $ (2.00} 19 6/16/2023 $ (10:0 )j 20 TOTAL $ -- (2,093) JUNE 2023 REALTY TAX DISBURSEMENTS U'` A 8. C D E F G H 1 _ 2 DATE AMOUNT DCCF SUPERVISOR OVR/DUP CHECK NO, 3 DISBURSED PAYMENT i 4 is U'` OFFICE USE ONLY 0 Original 0 Amended Date Standardized NOTICE FORM for Providing 3O -Day Advance Notice to a Local Municipality or Community Board 1. Date Notice Sent: °'2_0 Z 1a. Delivered by: -� ' / Z. Select the type of Application that will be filed with the Authority for an On -Premises Alcoholic Beverage License: For premises outside the City of Now York: (� 0 NewApplciation 0 Removal 0 Class Change Received � 7.7.a' 4 For premises in the CitV of New York: New Application ® New Application and Temporary Retail Permit 0 Renewal ® Alteration OJ964a$ �Q�3 0 Class Change 0 Method of Operation 0 Corporate Change of apPillger F'v Tnon For New and Temporary Retail Permit applicants, answer each question below using all information known � n clerk For Renewal applicants, answer all questions 0 For Alteration applicants, attach a complete written description and diagrams depicting the proposed alteration(s) 4) For Corporate Change applicants, attach a list of the current and proposed corporate principals = For Removal applicants, attach a statement of your current and proposed addresses with the reason(s) for the relocation For Class Change applicants, attach a statement detailingyour current license type and your proposed license type = O For Method of operation Change applicants, although not required, if you choose to submit, attach an explanation detailing those changes Q Please include all documents as noted above. Failure to do so may result in disapproval of the application. L This 30 -Day Advance Notice is Being Provided to the Clerk of the Following Local Municipality or Community Board: 0 U 3. Name of Municipality or Community Board: i� �6 I t! 0 o Applicant/Licensee Information: � N 4. Licensee Serial Number (if applicable): Expiration Date (if applicable): W 5. Applicant or Licensee Name: V ��G�`�i Lr y� `�Gt-�G3 S v ►tet et N 6. Trade Name (if any): ~o 7. Street Address of Establishment: rI !. ++99 1 R M No N S. City, Town or Village: �,i i VL t V 3 , ' bb a NY ZIP Code: l �� 9. Business Telephone Number of applicant/ Licensee:} !, L 10. Business E-mail of Applicant/Licensee: ''i e U Q 11, Type(s) of alcohol sold or to be sold: C) Beer & cider 0 Wine, Beer & Cider 0 Liquor, Wine, Beer & Cider 12. Extent of Food Service: ® Full Food menu; full kitchen run by a chef/cook 0 Menu meets legal minimum food requirements; food prep area requir 13.TypeofF5tabii5hment: 1 90 5-T&o 'k -wt ❑ Seasonal Establishment ❑Juke Box ❑Disc Jockey ❑Recorded Music ❑ Karaoke 14. Method of Operation: ® (check all that apply) Live Music (give details i.e., ruck bands, acoustic jazz, etc.): ❑ Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑ Topless Entertainment ❑ Video/Arcade Games ❑ Third Party Promoters ❑ Security Personnel ❑ Other (specify): 15. Licensed Outdoor Area: [None ❑ Patio or Deck ❑ Rooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure (check all that apply) ❑ Sidewalk Cafe ❑ Other (specify): Packet Pg. 94 aee I OT Z OFFICE USE ONLY 0 Original �� Amended Date 16. List the floor(s) of the building that the establishment is located on: I V's 17. List the room number(s) the establishment is located in within the building, if appropriate: 1 0 i1 4_�, 18. Is the premises located within 500 feet of three or more on -premises liquor establishments? 0 Yes ' No 19. Will the license holder or a manager be physically present within the establishment during all hours of operation? 0 Yes 0 No 20. If this is a transfer application (an existing licensed business is being purchased) provide the name and serial number of the licensee: Name Serial Number 21. Does the applicant or licensee own the building in which the establishment is located? 0 Yes (if YES, SKIP 23-26) *No owner of the Building in Which the Licensed Establishment Is Located 22. Building Owner's Full Name: k a-\) i Y1 iA/ 23. Building Owner's Street Address: 24. City, Town or Village: 'l�1 & S 1s State: Zip Code: 72 3 25. Business Telephone Number of Building Owner: Representative or Attorney Representing the Applicant in Connection with the Application for a License to Traffic in Alcohol at the Establishment Identified in this Notice 26. Representative/Attorney's Full Name: 27. Representative/Attorney's Street Address: 28. City, Town or Village: State: Zip Code: 29. Business Telephone Number of Representative/Attorney: 30. Business E-mail Address of Representative/Attorney: I am the applicant or licensee holder or a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, I affirm - under Penalty of Perjury - that the representations made in this form are true. 31. Printed Principal Name:, } o �� Q Title: Principal Signature: 49 Page 2 a6 O J O U O O O O Q N L O U 0 0 N O N rn W W et N r; 0 A N O N O O E U Q