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2023-10-10
Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5772 Tuesday, October 10, 2023 7:00 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:00 PM William H. Beale Town of Wappinger Councilman Present 7:00 PM Angela Bettina Town of Wappinger Councilwoman Present 7:00 PM Christopher Phillips Town of Wappinger Councilman Present 7:00 PM Al Casella Town of Wappinger Councilman Present 7:00 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 6:15 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of September 25, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella IV. Public Hearing 1. Motion To: Purchase of Real Property Adjacent to Reese Park Town of Wappinger Page I Printed 10/19/2023 Regular Meeting Minutes October 10, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella V. Public Portion 1. Motion To: Open Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Authorize Attorney to Write a Letter to the DOH Allowing Nature Preserve to Connect COMMENTS - Current Meeting: David Dockery from Becker and Sullicoff of the Nature Preserve Homeowners Association was requesting to pay the 'Buy -In' over an extended period of time. Additionally, he informed the board that the health department is looking for a letter of authorization from the Town Attorney agreeing to connect the Nature Preserve Homeowners Association to the Water District as a tenant with financial details to be provided later. After deliberation, the Town Board only agreed to send the letter granting them tenancy status with Financial Details to be discussed at a later meeting. The floor vote to only accept the Nature Preserve Homeowners Association as a tenant was approved by the board. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 3. Motion To: Close Public Portion Town of Wappinger Page 2 Printed 10/19/2023 Regular Meeting Minutes October 10, 2023 COMMENTS - Current Meeting: Nancy Loccicero representing senior garden club provided an update and ask for support in the budget. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella VI. Discussions 1. Soccer Club Paint (Casella) Steve Frazier informed that the cost of the paint has doubled. Councilman Casella said that there is money in other lines to cover the cost. He asked for an estimate in writing for the next meeting. 2. Four Properties (Casella/Judith) Judith Subrize addressed the four properties. The details are available on the Town's website video. 3. Bonding for Highway Garage, Paving & Digester (Phillips/Casella/Awino) Comtroller/Town Accountant Fredrick Awino explained the bond details. 4. Legends and Lore at Spook Hill Park (Thurston) Supervisor Thurston explained that the Wappinger Historical Society desires a dedication of a sign at Spookhill Park on Saturday October 28 at LOAM. They discussed the details on placement. 5. Tompkins Water Connection Route 9 (Thurston) Mr. Tompkins appeared to ask the board for a tenancy to the water district. He agreed to pay the buy -in fee. Mike Tremper explained the cross connection safeguard. The board directed the attorney to create the tennancey agreement. VII. Budget Discussions 1. Water and Sewer Districts; Improvement Areas, and Drainage Districts Mike Tremper from Camo Pollution Control gave his annual report on the flows and details on the Water, Sewer, and Drainage. He gave a detailed report to the board but gave nothing to the Town Clerk for publishing in these minutes. 2. Highway Highway Superintendent Michael Sheehan discussed his budget. 3. Buildings and Grounds Town of Wappinger Page 3 Printed 10/19/2023 Regular Meeting Minutes October 10, 2023 Steve Frazier discussed his budget. He handed a photo of a van to the board but not the Town Clerk for publishing in these minutes. He sought the advice of purchasing the van after looking at it. 4. Recreation, Parks, and Senior Center Jessica Fulton explained her budget. She handed documents to the board and included the Town Clerk. It will be added at the end of the minutes under 'C ommuni cations'. Supervisor Thurston suggested a new line item be added amount $10,000 for the 150 year celebration of the town in 2025 for expenses to be incurred one year prior to the anniversary. VIII. Resolutions 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 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 Town of Wappinger Page 4 Printed 10/19/2023 Regular Meeting Minutes October 10, 2023 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 J Vote Record - Resolution RES -2023-97 Yes/Aye No/Nay Abstain Absent ............ ❑ Adopted Richard Thurston ...................... ❑ .............. ..... ❑.... ❑..... ...,.... ❑...... ❑ Adopted as Amended William H. Beale ❑ ❑ ❑ ❑ ❑ Defeated .......... ❑ Tabled Angela Bettina ❑ ❑ ❑ ❑ 0 Withdrawn Christopher Phillips .............................................❑ ❑ ............... ........ ❑ ,........ ❑ ❑ AlCasella ❑........,........ ❑......... ❑...... Dated: Wappingers Falls, New York October 10, 2023 The Resolution is hereby duly declared Withdrawn. RESOLUTION: 2023-134 Amended 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 Town of Wappinger Page 5 Printed 10/19/2023 Regular Meeting Minutes October 10, 2023 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 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 $5,702.46 which would be allocated as follows: School $4,187.47, Town $702.14 $812.85 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 J Vote Record - Resolution RES -2023-134 Yes/Aye No/Nay Abstain Absent D Adopted ........ El Adopted as Amended Richard Thurston Mover D .... ❑ El❑ ElDefeated William H. Beale ................. Voter D ❑ ❑ ❑ El Tabled Angela Bettina VoterD .... ❑ .......... ,. ❑ ..... ,..... ❑ ... El Withdrawn Christopher Phillips ............................... ................. Seconder ........... 0 .................❑ ❑ ... .... El ... ❑ ..... Al Caseila Mover D El.... ❑ Dated: Wappingers Falls, New York October 10, 2023 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 6 Printed 10/19/2023 Regular Meeting Minutes October 10, 2023 RESOLUTION: 2023-135 Resolution Authorizing Contract To Purchase Real Property Adjacent To Reese Park WHEREAS, the property located at 2513 Route 9D contains 1.6 acres and abuts Reese Park and would provide additional access from Route 9D into the park; and WHEREAS, the owner of the property wishes to sell the property to the Town and a contract of sale has been presented to the Town Board for its approval with a purchase price of $150,000; and WHEREAS, the Town Board is considering using unallocated B Fund balance to purchase the property so that it may be used for park purposes and not developed in the future; and WHEREAS, the Attorney to the Town has reviewed the form of the contract; and WHEREAS, the acquisition of 25 acres or less of land for dedication to park purposes is a Type 11 action under SEAR pursuant to 6 NYCRR §617.5(c)(39); and WHEREAS, the Town Board provided the public an opportunity to comment on the proposed purchase at the October 10, 2023, meeting of the Town Board where all parties were given an opportunity to be heard; NOW THEREFORE, BE IT RESOLVED that: 1) The Town Board determines that this action is Type II action under SEQR pursuant to 6 NYCRR §617.5(c)(39). 2) The Town Board has reviewed the terms of the annexed Residential Contract of Sale, agrees that it is in the interest of the Town to assent to its terms. 3) The Town Board hereby directs the Supervisor of the Town to sign the contract on behalf of the Town and cause the same to be delivered to the attorney for the sellers. 4) The Town Board hereby directs the Town Comptroller to create a capital fund for the purchase of the property and the associated costs, the demolition of the existing structures on the property, and improvement of park facilities as described in the addendum to the contract of sale as well as such other improvements that the Town Board shall approve by future resolution. 5) Such capital fund shall be established using Unallocated B Fund Balance in amount not to exceed $200,000, unless further increased by future resolution of the Town Board. 6) All funds used for this expenditure shall be from surplus funds, no bonds shall be issued and as such the purchase is not subject to referendum pursuant to Town Law §220. 7) The Town Board hereby directs the Town Comptroller to issue a downpayment check in the amount of $10,000 from the capital fund in accordance with the terms of the contract and deliver the same to the Town Attorney 8) The Town Attorney is authorized to order and obtain title insurance and a boundary line survey for the property on behalf of the Town and the cost of such expenses shall be chargeable to the capital account. 9) The Supervisor and the Town Attorney are authorized to execute any documents necessary to consummate the closing for the property and to effectuate the purposes of this resolution. 10) The recorded deed shall be delivered to the Town Clerk for filing in his office as required by law. This resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2023-135 D Adopted ❑ Adopted as Amended............................. Yes/Aye No/Nay Abstain Absent El Defeated Richard Thurston Voter 0 ❑ ❑ ❑ ....... El Tabled William H. Beale Mover D ❑ ❑ ❑ Town of Wappinger Page 7 Printed 10/19/2023 Regular Meeting Minutes October 10, 2023 ❑ Withdrawn Angela Bettina Voter D ❑ ❑ ❑ Christopher Phillips Seconder 0 ❑ ❑ ❑ Al Casella Voter D ❑ El❑ Dated: Wappingers Falls, New York October 10, 2023 The Resolution is hereby duly declared Adopted. 4. Motion To: Approve the Quest Pre -Demolition Environmental Testing RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella RESOLUTION: 2023-136 Resolution Authorizing Re -Levy of Unpaid 2023 Water and Sewer Charges WHEREAS, the last day for payment to be made at Town Hall for unpaid water and sewer accounts is Monday, October 30, 2023. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town of Wappinger Water and Sewer Billing Department is hereby authorized to forward all unpaid water and sewer accounts to the Dutchess County Department of Real Property on or before November 3, 2023, to be re -levied upon the 2024 Town and County tax bills. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2023-136 Yes/Aye No/Nay Abstain Absent D Adopted ........ ❑ Adopted as Amended Richard Thurston Voter D ❑ ❑ ❑ El Defeated William H. Beale .... Voter ................. 0 ....... .... ❑ ....................... ❑ ❑ ...... .. El Tabled Angela Bettina Seconder ..... D .... ❑ .....,...... ❑ ......,..... ❑ ... ElWithdrawn Christopher Phillips Voter 0 ❑ El El Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York October 10, 2023 The Resolution is hereby duly declared Adopted. RESOLUTION: 2023-137 Town of Wappinger Page 8 Printed 10/19/2023 Regular Meeting Minutes October 10, 2023 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log - F -Correspondence Lo - 23-10-10 Number To From Date Date Rec" Re: Agenda [tate 19-19-991 Town Board Barbara Roberti 912712923 912712923 Performance/Maintenance Bonds Selat 2023 1911912.923 19-19-9012 Town Board Commissioner of Finance 912912923 912912923 Char eback Invoice 19110112923 19-19-993 Town Board Jackie Le Pere 191212923 191212923 Water & Sewer review request 1911912923 19-19-991 Town Board Deo of Public Service 912912923 191212.923 Gas & Electric Bates 1911912923 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: J Vote Record - Resolution RES -2023-137 ADOPTED [UNANIMOUS] MOVER: Richard Thurston, Supervisor SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Yes/Aye No/Nay Abstain Absent D Adopted ........ ❑ Adopted as Amended Richard Thurston Voter Rl ❑ ❑ ❑ ❑ Defeated William H. Beale Mover D ❑ ❑ ❑ ❑ Tabled Angela Bettina Seconder ..... Rl .... ❑ .....,...... El......,..... El... El Withdrawn Christopher Phillips Voter D ❑ ❑ ❑ Al Casella Voter Rl ❑ ❑ ❑ Dated: Wappingers Falls, New York October 10, 2023 The Resolution is hereby duly declared Adopted. IX. Items for Special Consideration/New Business X. Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Thurston, Supervisor SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session Town of Wappinger Page 9 Printed 10/19/2023 Regular Meeting Minutes October 10, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella XI. Adjournment Motion To: Wappinger Adjournment & Signature COMMENTS - Current Meeting: The meeting adjourned at 10:45 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Richard Thurston, Supervisor AYES: Thurston, Beale, Bettina, Phillips, Casella 1. 2024 Recreation Budget Town of Wappinger Page 10 Printed 10/19/2023 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 WITHDRAWN RESOLUTION 2023-97 Meeting: 10/10/23 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 October 10, 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. HISTORY: 07/24/23 Town Board TABLED Next: 08/21/23 08/21/23 Town Board TABLED Next: 09/14/23 09/14/23 Town Board TABLED Next: 09/25/23 09/25/23 Town Board TABLED Next: 10/10/23 COMMENTS - Current Meeting: Moved to Withdraw by Casella Second By Angela Bettina RESULT: WITHDRAWN Updated: 7/20/2023 2:57 PM by Joseph P. Paoloni Page 2 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-134 Meeting: 10/10/23 07:00 PM Department: Town Clerk Category: Tax Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 6025 Amended 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 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 $5,702.46 which would be allocated as follows: School $4,187.47, Town $702.14 $812.85 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: 10/10/2023 9:38 PM by Joseph P. Paoloni Page 1 Resolution 2023-134 Meeting of October 10, 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. COMMENTS - Current Meeting: New attachments were not provided to the Town Clerk from the Town Attorney. RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Thurston, Al Casella SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 10/10/2023 9:38 PM by Joseph P. Paoloni Page 2 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-135 Meeting: 10/10/23 07:00 PM Department: Town Clerk Category: Appropriations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6024 Resolution Authorizing Contract To Purchase Real Property Adjacent To Reese Park WHEREAS, the property located at 2513 Route 9D contains 1.6 acres and abuts Reese Park and would provide additional access from Route 9D into the park; and WHEREAS, the owner of the property wishes to sell the property to the Town and a contract of sale has been presented to the Town Board for its approval with a purchase price of $150,000; and WHEREAS, the Town Board is considering using unallocated B Fund balance to purchase the property so that it may be used for park purposes and not developed in the future; and WHEREAS, the Attorney to the Town has reviewed the form of the contract; and WHEREAS, the acquisition of 25 acres or less of land for dedication to park purposes is a Type 11 action under SEAR pursuant to 6 NYCRR §617.5(c)(39); and WHEREAS, the Town Board provided the public an opportunity to comment on the proposed purchase at the October 10, 2023, meeting of the Town Board where all parties were given an opportunity to be heard; NOW THEREFORE, BE IT RESOLVED that: 1) The Town Board determines that this action is Type II action under SEQR pursuant to 6 NYCRR §617.5(c)(39). 2) The Town Board has reviewed the terms of the annexed Residential Contract of Sale, agrees that it is in the interest of the Town to assent to its terms. 3) The Town Board hereby directs the Supervisor of the Town to sign the contract on behalf of the Town and cause the same to be delivered to the attorney for the sellers. 4) The Town Board hereby directs the Town Comptroller to create a capital fund for the purchase of the property and the associated costs, the demolition of the existing structures on the property, and improvement of park facilities as described in the addendum to the contract of sale as well as such other improvements that the Town Board shall approve by future resolution. 5) Such capital fund shall be established using Unallocated B Fund Balance in amount not to exceed $200,000, unless further increased by future resolution of the Town Board. 6) All funds used for this expenditure shall be from surplus funds, no bonds shall be issued and as such the purchase is not subject to referendum pursuant to Town Law §220. 7) The Town Board hereby directs the Town Comptroller to issue a downpayment check in the amount of $10,000 from the capital fund in accordance with the terms of the contract and deliver the same to the Town Attorney 8) The Town Attorney is authorized to order and obtain title insurance and a boundary line survey for the property on behalf of the Town and the cost of such expenses shall be chargeable to the capital account. 9) The Supervisor and the Town Attorney are authorized to execute any documents necessary to consummate the closing for the property and to effectuate the purposes of this resolution. 10) The recorded deed shall be delivered to the Town Clerk for filing in his office as required by law. This resolution shall take effect immediately. Updated: 10/5/2023 1:05 PM by Joseph P. Paoloni Page 1 Resolution 2023-135 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Meeting of October 10, 2023 Updated: 10/5/2023 1:05 PM by Joseph P. Paoloni Page 2 WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE IS THE FORM JOINTLY PREPARED BY THE REAL PROPERTY SECTION OF THE NEW YORK STATE BAR ASSOCIATION, THE NEW YORK STATE LAND TITLE ASSOCIATION, THE COMMITTEE ON REAL PROPERTY LAW OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK AND THE COMMITTEE ON REAL PROPERTY LAW OF THE NEW YORK COUNTY LAWYERS 'ASSOCIATION. WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN LANGUAGE"). CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contract form does not provide for what happens in the event of fire, or other casualty loss or condemnation before the title closing. Unless different provision is made in this contract. Section 5-1311 of the General Obligations Law will apply. One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. Residential Contract of Sale Contract of Sale made as of 12023 BETWEEN Seller: Estate of Hugo VonBurg, Brenda VonBurg, as Executrix Address: 2513 Route 9D, Wappingers Falls, New York 12590 hereinafter called "Seller" and Purchaser: Town of Wappinger Address: hereinafter called "Purchaser" and The parties hereby agree as follows: Premises. Seller shall sell and convey and Purchaser shall purchase the property, together with all buildings and improvements thereon (collectively the "Premises"), more fully described on a separate page marked "Schedule A" (to follow), and also known as: Street Address: 2513 Route 9D, Wappingers Falls, New York 12590 Tax Map Designation: 6157-01-238924, Town of Wappinger; 6157-05-243929 Village of Wappingers Falls. Together with Seller's ownership and rights, if any, to land lying in the bed of any street or highway, opened or proposed, adjoining the Premises to the center line thereof, including any right of Seller to any unpaid award by reason of any taking by condemnation and/or for any damage to the Premises by reason of change of grade of any street or highway. Seller shall deliver at no additional cost to Purchaser, at Closing (as hereinafter defined), or thereafter, on demand, any documents that Purchaser may reasonably require for the conveyance of such title and the assignment and collection of such award or damages. 2. Personal Property. This sale also includes all fixtures and articles of personal property now attached or appurtenant to the Premises, unless specifically excluded below. Seller represents and warrants that at Closing they will be paid for and owned by Seller, free and clear of all liens and encumbrances, except any existing mortgage to which this sale may be subject. They include, but are not limited to plumbing, heating, and lighting fixtures, bathroom and kitchen cabinets and counters, switch plates and door hardware, screens, shrubbery, wall to wall carpeting and built-ins not excluded below. Also included are the following: as presently exist, in as is condition Excluded from this sale are furniture and household furnishings. -I- rn0 U 0 L) at 0 0 0 at 0 E U M 3. Purchase Price. The purchase price is $150,000.00 payable as follows: a, on the signing of this contract, by Purchaser's good check payable to Gil & Cantor, P.C., the Escrowee (as hereinafter defined), subject to collection, the receipt of which is hereby acknowledged, to be held in escrow pursuant to paragraph 6 of this contract (the "Downpayment"): $ 10,000.00 PCDS Credit n/a Seller concession toward closing costs and prepaids n/a b, balance at Closing in accordance with paragraph 7: $140,000.00 4 Existing Mortgage. -5-. Purchase Money Mortgage. (Delete if inapplieable) if there is to be a pur-ehase ffiefleY mortgage as ifidieated in par-agmph-3e-ftbove� a. The ptifehase eaey nE)te and moi4gage shall be dr -awn by the a4temey for- Seller. Pur-ehase shall pay at Clesing the mai4gage r-eeer-ding tax, meAgage title Pelie�', feeefding fees an attomey's fees in the amotint of $350-00 fer- its pfepar-atian. -2- m CO 0 U 0 L) 0 0 0 0 E U m pr-ese tly payable, with inter -est at the r-a4e ef per-ee4-�r- annum, in menthly installments of w4h any balanee b. To the e�Etent that $ whieh being paymet4s iiieltide due and pr-ineipal, payable are made interest en en the and eser-ow amounts, if any, the a d of pr-ineipal any requifed e*istifig mei4gage between hereof and Closing in par-agfaph 3(b), inereased by the amettPA shew- whieh then the ameun4 feduee the balatiee of of the pa��ents 3(b) is unpaid the substai4ially pfineipal pr-iee payable of pfineipal. eei+eet amount at Seller- and thefeef belew Closing iander- pafagr-aph fepr-esents and agrees that on!y the amount war-fants paymefits 3(d) shall that feIqlair-e-d shewn by the existing mei4gage e. if there is a mei4gagee and in that ease esefew Ptifehaser- will be made aeeeunt. shall pay betweemn Seller- the ameunt the shall in date hereof assign the eser-ow and Closing. it to Pur-ehaser-, if aeeeunt to Seller- it ean at be ClOsifig. assign d. Sellef shall deliver- Closing signed te Pur-ehaser- by the holder- at of the Closing e*isting a eeftifieate moi4gage, dated not Mary than in fen�n for- r-eeer-ding, 30 days eel4if�'i be amemuf4 of the tinpaid pr-ineipal, the date to whieh ii4erest has been paid afid the afflOtIfits, , elaimed to be unpaid r-eeefding sueh eei4ifieate. fer- pr-ineipal and if the holder- interest, of itemizing the existinb the same. Seller- shall a bank or- Pay other- institutien the fetass as defined in Seetion 274 a of the Real Pf-,-. I ., , - 11 4-�, ia�ad of the — 4fieate, furnish a lettef signed by a "Iy matherized offieef, employee E)r- agent, dated not mer -e then 30 before Closing, e. Sellef represents eentaining and waffants the same that infefmation. i. Sellef has deliver -ed to Purehasef tfue and eemplete eepies of the existing fnel4gagt-, the note seeur-ed thereby and any eritensions and medifieati ns thereof-, ii. the existing meftgage is not now, and at the time of Closing will not be, in default, a iii. the e-xisting by reason mefigage .-,--r-e of the does its immediate sale of eenveyaiiee not eontain payment ef the any pr-evision in full Premises. that pefmits or to ehange any the othef holder- term of the thef -5-. Purchase Money Mortgage. (Delete if inapplieable) if there is to be a pur-ehase ffiefleY mortgage as ifidieated in par-agmph-3e-ftbove� a. The ptifehase eaey nE)te and moi4gage shall be dr -awn by the a4temey for- Seller. Pur-ehase shall pay at Clesing the mai4gage r-eeer-ding tax, meAgage title Pelie�', feeefding fees an attomey's fees in the amotint of $350-00 fer- its pfepar-atian. -2- m CO 0 U 0 L) 0 0 0 0 E U m Downpayment in Escrow. a. Seller's attorney ("Escrowee") shall hold the Downpayment in escrow in an IOLA bank account at Rhinebeck Bank, 1898 South Road, Poughkeepsie, New York, until Closing or sooner termination of this contract and shall pay over or apply the Downpayment in accordance with the terms of this paragraph. Escrowee shall hold the Downpayment in a non interest-bearing account for the benefit of the parties. If interest is held for the benefit of the parties, it shall be paid to the party entitled to the Downpayment and the party receiving the interest shall pay any income taxes thereon. If interest is not held for the benefit of the parties, the Downpayment shall be placed in an IOLA account or as otherwise permitted or required by law. The Social Security or Federal Identification numbers of the parties shall be furnished to Escrowee upon request. At Closing, the Downpayment shall be paid by Escrowee to Seller. If for any reason Closing does not occur and either party gives Notice (as defined in paragraph 25) to Escrowee demanding payment of the Downpayment, Escrowee shall give prompt Notice to the other party of such demand. If Escrowee does not receive Notice of objection from such other party to the proposed payment within 10 business days after the giving of such Notice, Escrowee is hereby authorized and directed to make such payment. If Escrowee does receive such Notice of objection within such 10 day period or if for any other reason Escrowee in good faith shall elect not to make such payment, Escrowee shall continue to hold such amount until otherwise directed by Notice from the parties to this contract or a final, non -appealable judgment, order or decree of a court. However, Escrowee shall have the right at any time to deposit the Downpayment and the interest thereon with the clerk of a court in the county in which the Premises are located and shall give Notice of such deposit to Seller and Purchaser. Upon such deposit or other disbursement in accordance with the terms of this paragraph, Escrowee shall be relieved and discharged of all further obligations and responsibilities hereunder. b. The parties acknowledge that Escrowee is acting solely as a stakeholder at their request and for their convenience and that Escrowee shall not be liable to either party for any act or omission on its part unless taken or suffered in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. Seller and Purchaser jointly and severally (with right of contribution) agree to defend (by attorneys selected by Escrowee), indemnify and hold Escrowee harmless from and against all costs, claims and expenses (including reasonable attorneys' fees) incurred in connection with the performance of Escrowee's duties hereunder, except with respect to actions or omissions taken or suffered by Escrowee in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. C. Escrowee may act or refrain from acting in respect of any matter referred to herein in full reliance upon and with the advice of counsel which may be selected by it (including any member of its firm) and shall be fully protected in so acting or refraining from action upon the advice of such counsel. M 0 U 0 L) 0 0 0 0 E U M .. . ...... .. . ...... r1qW3 ........... Downpayment in Escrow. a. Seller's attorney ("Escrowee") shall hold the Downpayment in escrow in an IOLA bank account at Rhinebeck Bank, 1898 South Road, Poughkeepsie, New York, until Closing or sooner termination of this contract and shall pay over or apply the Downpayment in accordance with the terms of this paragraph. Escrowee shall hold the Downpayment in a non interest-bearing account for the benefit of the parties. If interest is held for the benefit of the parties, it shall be paid to the party entitled to the Downpayment and the party receiving the interest shall pay any income taxes thereon. If interest is not held for the benefit of the parties, the Downpayment shall be placed in an IOLA account or as otherwise permitted or required by law. The Social Security or Federal Identification numbers of the parties shall be furnished to Escrowee upon request. At Closing, the Downpayment shall be paid by Escrowee to Seller. If for any reason Closing does not occur and either party gives Notice (as defined in paragraph 25) to Escrowee demanding payment of the Downpayment, Escrowee shall give prompt Notice to the other party of such demand. If Escrowee does not receive Notice of objection from such other party to the proposed payment within 10 business days after the giving of such Notice, Escrowee is hereby authorized and directed to make such payment. If Escrowee does receive such Notice of objection within such 10 day period or if for any other reason Escrowee in good faith shall elect not to make such payment, Escrowee shall continue to hold such amount until otherwise directed by Notice from the parties to this contract or a final, non -appealable judgment, order or decree of a court. However, Escrowee shall have the right at any time to deposit the Downpayment and the interest thereon with the clerk of a court in the county in which the Premises are located and shall give Notice of such deposit to Seller and Purchaser. Upon such deposit or other disbursement in accordance with the terms of this paragraph, Escrowee shall be relieved and discharged of all further obligations and responsibilities hereunder. b. The parties acknowledge that Escrowee is acting solely as a stakeholder at their request and for their convenience and that Escrowee shall not be liable to either party for any act or omission on its part unless taken or suffered in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. Seller and Purchaser jointly and severally (with right of contribution) agree to defend (by attorneys selected by Escrowee), indemnify and hold Escrowee harmless from and against all costs, claims and expenses (including reasonable attorneys' fees) incurred in connection with the performance of Escrowee's duties hereunder, except with respect to actions or omissions taken or suffered by Escrowee in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. C. Escrowee may act or refrain from acting in respect of any matter referred to herein in full reliance upon and with the advice of counsel which may be selected by it (including any member of its firm) and shall be fully protected in so acting or refraining from action upon the advice of such counsel. M 0 U 0 L) 0 0 0 0 E U M d. Escrowee acknowledges receipt of the Downpayment by check subject to collection and Escrowee's agreement to the provisions of this paragraph by signing in the place indicated on the signature page of this contract. e. Escrowee or any member of its firm shall be permitted to act as counsel for Seller in any dispute as to the disbursement of the Downpayment or any other dispute between the parties whether or not Escrowee is in possession of the Downpayment and continues to act as Escrowee. f. The party whose attorney is Escrowee shall be liable for loss of the Downpayment. Acceptable Funds. All money payable under this contract, unless otherwise specified, shall be paid by: a. Cash, but not over $ 1,000.00; b. Good certified check of Purchaser drawn on or official check issued by any bank, savings bank, trust company or savings and loan association having a banking office in the State of New York, unendorsed and payable to the order of Seller, or as Seller may otherwise direct upon reasonable prior notice (by telephone or otherwise) to Purchaser; C. As to money other than the purchase price payable to Seller at Closing, uncertified check of Purchaser up to the amount of $500.00; and d. As otherwise agreed to in writing by Seller or Seller's attorney. n/a cash transaction Mortgage Commitment Contingency. a. The obligation of Purchaser to purchase under this contract is conditioned upon issuance, on or before 45 days from receipt of fully executed contracts, of a written commitment from an Institutional Lender pursuant to which such Institutional Lender agrees to make a first mortgage loan, other than a VA, FHA or other governmentally insured loan, to Purchaser, at Purchaser's sole cost and expense, of $NONE for a term of at least 30 years (or such lesser sum or shorter term as Purchaser shall be willing to accept) at the prevailing fixed or adjustable rate of interest and on other customary commitment terms (the "Commitment"). To the extent a Commitment is conditioned on the sale of Purchaser's current home, payment of any outstanding debt, no material adverse change in Purchaser's financial condition or any other customary conditions, Purchaser accepts the risk that such conditions may not be met; however, a commitment conditioned on the Institutional Lender's approval of an appraisal shall not be deemed a "Commitment" hereunder until an appraisal is approved (and if that does not occur before the Commitment Date, Purchaser may cancel under subparagraph 8(e) unless the Commitment Date is extended). Purchaser's obligations hereunder are conditioned only on issuance of a Commitment. Once a Commitment is issued, Purchaser is bound under this contract even if the lender fails or refuses to fund the loan for any reason. b. Purchaser shall. i. make prompt application to one or, at Purchaser's election, more than one Institutional Lender for such mortgage loan, ii. furnish accurate and complete information regarding Purchaser and members of Purchaser's family, as required, iii. pay all fees, points and charges required in connection with such application and loan, iv, pursue such application with diligence, and (v) cooperate in good faith with such Institutional Lender(s) to obtain a Commitment. Purchaser shall accept a Commitment meeting the terms set forth in subparagraph 8(a) and shall comply with all requirements of such Commitment (or any other commitment accepted by Purchaser). Purchaser shall furnish Seller with a copy of the Commitment promptly after receipt thereof C. (Delete this subparagraph if inapplicable) Prompt submission by Purchaser of an application to a mortgage broker registered pursuant to Article 12-D of the New York Banking Law ("Mortgage Broker") shall constitute full compliance with the terms and conditions set forth in subparagraph 8(b)(i), provided that such Mortgage Broker promptly submits such application to such Institutional Lender(s). Purchaser shall cooperate in good faith with such Mortgage Broker -4- Q m 0 U 0 U L m a� 0 .Q Q 0 0 0 0 0 0 0 0 m E U M Q to obtain a Commitment from such Institutional Lender(s). d. If all Institutional Lenders to whom applications were made deny such applications in writing prior to the Commitment Date, Purchaser may cancel this contract by giving Notice thereof to Seller, with a copy of such denials, provided that Purchaser has complied with all its obligations under this paragraph 8. e. If no Commitment is issued by an Institutional Lender on or before the Commitment Date, then, unless Purchaser has accepted a written commitment from an Institutional Lender that does not conform to the terms set forth in subparagraph 8(a), Purchaser may cancel this contract by giving Notice to Seller within 5 business days after the Commitment Date, provided that such Notice includes the name and address of the Institutional Lender(s) to whom application was made and that Purchaser has complied with all its obligations under this paragraph 8. f. If this contract is canceled by Purchaser pursuant to subparagraphs 8(d) or (e), neither party shall thereafter have any further rights against, or obligations or liabilities to, the other by reason of this contract, except that the Downpayment shall be promptly refunded to Purchaser and except as set forth in paragraph 27. g. If Purchaser fails to give timely Notice of cancellation or if Purchaser accepts a written commitment from an Institutional Lender that does not conform to the terms set forth in subparagraph 8(a), then Purchaser shall be deemed to have waived Purchaser's right to cancel this contract and to receive a refund of the Downpayment by reason of the contingency contained in this paragraph 8. h. If Seller has not received a copy of a commitment from an Institutional Lender accepted by Purchaser by the Commitment Date, Seller may cancel this contract. After such cancellation neither party shall have any further rights against, or obligations or liabilities to, the other by reason of this contract, except that the Downpayment shall be promptly refunded to Purchaser (provided Purchaser has complied with all its obligations under this paragraph 8) and except as set forth in paragraph 27. i. For purposes of this contract, the term "Institutional. Lender" shall mean any bank, savings bank, private banker, trust company, savings and loan association, credit union or similar banking institution whether organized under the laws of this state, the United States or any other state; foreign banking corporation licensed by the Superintendent of Banks of New York or regulated by the Comptroller of the Currency to transact business in New York State; insurance company duly organized or licensed to do business in New York State; mortgage banker licensed pursuant to Article 12-D of the Banking Law; and any instrumentality created by the United States or any state with the power to make mortgage loans. 9. Permitted Exceptions. The Premises are sold and shall be conveyed subject to: a. Zoning and subdivision laws and regulations, and landmark, historic or wetlands designation, provided that they are not violated by the existing buildings and improvements erected on the property or their use; b. Consents for the erection of any structures on, under or above any streets on which the Premises abut; C. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway; d. Real estate taxes that are a lien, but are not yet due and payable; and e. The other matters, if any, including a survey exception, set forth in a Rider attached. 10. Governmental Violations and Orders. a. Seller shall comply with all notes or notices of violations of law or municipal ordinances, orders or requirements noted or issued as of the date of closing by any governmental department having authority as to lands, housing, buildings, fire, health, environmental and labor conditions affecting the Premises. The Premises shall be conveyed free of them at Closing. Seller shall -5- Q m 0 U L 0 U L m a� 0 .Q Q 0 0 0 0 a� L 0 0 0 0 m E U M Q furnish Purchaser with any authorizations necessary to make the searches that could disclose these matters. 11. Seller's Representations. a. Seller represents and warrants to Purchaser that: i. The Premises abut or have a right of access to a public road; ii. Seller is the sole owner of the Premises and has the full right, power and authority to sell, convey and transfer the same in accordance with the terms of this contract; iii. Seller is not a "foreign person", as that term is defined for purposes of the Foreign Investment in Real Property Tax Act, Internal Revenue Code ("IRC") Section 1445, as amended, and the regulations promulgated thereunder (collectively "FIRPTA"); iv. The Premises are not affected by any exemptions or abatements of taxes (excluding STAR); and V. Seller has been known by no other name for the past ten years. b. Seller covenants and warrants that all of the representations and warranties set forth in this contract shall be true and correct at Closing. C. Except as otherwise expressly set forth in this contract, none of Seller's covenants, representations, warranties or other obligations contained in this contract shall survive Closing. 12. Condition of Property. Purchaser acknowledges and represents that Purchaser is fully aware of the physical condition and state of repair of the Premises and of all other property included in this sale, based on Purchaser's own inspection and investigation thereof, and that Purchaser is entering into this contract based solely upon such inspection and investigation and not upon any information, data, statements or representations, written or oral, as to the physical condition, state of repair, use, cost of operation or any other matter related to the Premises or the other property included in the sale, given or made by Seller or its representatives, and shall accept the same "as is" in their present condition and state of repair, subject to reasonable use, wear, tear and natural deterioration between the date hereof and the date of Closing (except as otherwise set forth in paragraph 16(e), without any reduction in the purchase price or claim of any kind for any change in such condition by reason thereof subsequent to the date of this contract. Purchaser and its authorized representatives shall have the right, at reasonable times and upon reasonable notice (by telephone or otherwise) to Seller, to inspect the Premises before Closing. 13. Insurable Title. Seller shall give and Purchaser shall accept such title as any member of the New York State Land Title Association shall be willing to approve and insure in accordance with its standard form of title policy, subject only to the matters provided for in this contract. 14. Closing, Deed and Title. a. "Closing" means the settlement of the obligations of Seller and Purchaser to each other under this contract, including the payment of the purchase price to Seller, and the delivery to Purchaser of a Bargain and Sale Deed with Covenant against Grantors Acts, in proper statutory short form for record, duly executed and acknowledged, so as to convey to Purchaser fee simple title to the Premises, free of all encumbrances, except as otherwise herein stated. The deed shall contain a covenant by Seller as required by subd. 5 of Section 13 of the Lien Law. b. if Sellef is a eer-per-ation, it shall deliver- to WtFehaser- at the time of Closing ia resolution of its Board of Difeeter-s authefizing the sale and delivefy of the deed, an r-eselution and setting fei4h faets showing that the transfer- is in e0fif0fMity with thee -6- Q m M CO 0 U L 0 U L a� 0 .Q Q 0 0 0 0 0 0 0 0 m E U M Q 15. Closing Date and Place. Closing shall take place at the office of Gil & Cantor, P.C., 62 East Main Street, Wappingers Fails, New York at 10 o'clock AM on or about September 29, 2023 or, upon reasonable notice (by telephone or otherwise) by Purchaser, at the office of Purchaser's lending institution. 16. Conditions to Closing. This contract and Purchaser's obligation to purchase the Premises are also subject to and conditioned upon the fulfillment of the following conditions precedent: a. The accuracy, as of the date of Closing, of the representations and warranties of Seller made in this contract. b. The existence of a valid and subsisting Certificate of Occupancy or other required certificate of compliance, or evidence that none was required, covering the building(s) and all of the other improvements located on the property authorizing their use as a single family dwelling at the date of Closing. C. The delivery by Seller to Purchaser of a certificate stating that Seller is not a foreign person, which certificate shall be in the form then required by FIRPTA or a withholding certificate from the I.R.S. If Seller fails to deliver the aforesaid certificate or if Purchaser is not entitled under FIRPTA to rely on such certificate, Purchaser shall deduct and withhold from the purchase price a sum equal to 10% thereof (or any lesser amount permitted by law) and shall at Closing remit the withheld amount with the required forms to the Internal Revenue Service. d. The delivery of the Premises and all building(s) and improvements comprising a part thereof in broom clean condition, vacant and free of leases or tenancies, together with keys to the Premises. e. All plumbing (including water supply and septic systems, if any), heating and air conditioning, if any, electrical and mechanical systems, equipment and machinery in the building(s) located on the property and all appliances which are included in this sale being in working order as of the date of Closing. f. If the Premises are a one or two family house, delivery by the parties at Closing of affidavits in compliance with state and local law requirements to the effect that there is installed in the Premises a smoke detecting alarm device or devices. g. The delivery by the parties of any other affidavits required as a condition of recording the deed. 17. Deed Transfer and Recording Taxes. At Closing, certified or official bank checks payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed or mortgage, if any, shall be delivered by the party required by law or by this contract to pay such transfer and/or recording tax, together with any required tax returns duly executed and sworn to, and such party shall cause any such checks and returns to be delivered to the appropriate officer promptly after Closing. The obligation to pay any additional tax or deficiency and any interest or penalties thereon shall survive Closing. 18. Apportionments and Other Adjustments; Water Meter and Installment Assessments. a. To the extent applicable, the following shall be apportioned as of midnight of the day before the day of Closing: i. taxes, assessments, water charges and sewer rents, on the basis of the fiscal period for which assessed; ii. fuel; 111ii t t OR the eXiStifig ,-.,,,49A-ge; . ---_- --- ----' ---------o - � �, , Iv. premitims en existing transferable instir-anee r li d r-eneWais Of thOse rsu� to Closing; -7- 0 U 0 U L m a� 0 .Q Q 0 0 0 0 0 0 0 V M Q V.vault ehafges; vi. rents as and when eelleeted, b. If Closing shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the tax rate for the immediately preceding fiscal period applied to the latest assessed valuation. C. If there is a water meter on the Premises, Seller shall furnish a reading to a date not more than 7 days before Closing and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading. d. If at the date of closing the Premises are affected by an assessment which is or may become payable in annual installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and shall be paid by Seller at or prior to closing. e. Any errors or omissions in computing apportionments or other adjustments at Closing shall be corrected within a reasonable time following Closing. This subparagraph shall survive Closing. 19. Allowance for Unpaid Taxes, etc. Seller has the option to credit Purchaser as an adjustment to the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five business days after Closing, provided that official bills therefor computed to said date are produced at Closing. 20. Use of Purchase Price to Remove Encumbrances. If at Closing there are other liens or encumbrances that Seller is obligated to pay or discharge, Seller may use any portion of the cash balance of the purchase price to pay or discharge them, provided Seller shall simultaneously deliver to Purchaser at Closing instruments in recordable form and sufficient to satisfy such liens or encumbrances of record, together with the cost of recording or filing said instruments. As an alternative Seller may deposit sufficient monies with the title insurance company employed by Purchaser acceptable to and required by it to assure their discharge, but only if the title insurance company will insure Purchaser's title clear of the matters or insure against their enforcement out of the Premises and will insure Purchaser's Institutional Lender clear of such matters. Upon reasonable prior notice (by telephone or otherwise), Purchaser shall provide separate certified or official bank checks as requested to assist in clearing up these matters. 21. Title Examination; Seller's Inability to Convey; Limitations of Liability. a. Purchaser shall order an examination of title in respect of the Premises from a title company licensed or authorized to issue title insurance by the New York State Insurance Department or any agent for such title company promptly after the execution of this contract or, if this contract is subject to the mortgage contingency set forth in paragraph 8, after a mortgage commitment has been accepted by Purchaser. Purchaser shall cause a copy of the title report and of any additions thereto to be delivered to the attorney(s) for Seller promptly after receipt thereof. b. i. If at the date of Closing Seller is unable to transfer title to Purchaser in accordance with this contract, or Purchaser has other valid grounds for refusing to close, whether by reason of liens, encumbrances or other objections to title or otherwise (herein collectively called "Defects"), other than those subject to which Purchaser is obligated to accept title hereunder or which Purchaser may have waived and other than those which Seller has herein expressly agreed to remove, remedy or discharge and if Purchaser shall be unwilling to waive the same and to close title without abatement of the purchase price, then, except as hereinafter set forth. Seller shall have the right, at Seller's sole election, either to take such action as Seller may deem advisable to remove, remedy, discharge or comply with such Defects or to cancel this contract; ii. if Seller elects to take action to remove, remedy or comply with such Defects, Seller -8- 0 U 0 L) 0 0 0 0 E U M shall be entitled from time to time, upon Notice to Purchaser, to adjourn the date for Closing hereunder for a period or periods not exceeding 60 days in the aggregate (but not extending beyond the date upon whieh Purehasef's mat4gage eommitment, if any, shall expire), and the date for Closing shall be adjourned to a date specified by Seller not beyond such period. If for any reason whatsoever, Seller shall not have succeeded in removing, remedying or complying with such Defects at the expiration of such adjournments), and if Purchaser shall still be unwilling to waive the same and to close title without abatement of the purchase price, then either party may cancel this contract by Notice to the other given within 10 days after such adjourned date; iii. notwithstanding the foregoing, the existing mortgage (unless this sale is subject to the same) and any matter created by Seller after the date hereof shall be released, discharged or otherwise cured by Seller at or prior to Closing. If this contract is cancelled pursuant to its terms, other than as a result of Purchaser's default, this contract shall terminate and come to an end, and neither party shall have any further rights, obligations or liabilities against or to the other hereunder or otherwise, except that: i. Seller shall promptly refund or cause the Escrowee to refund the Downpayment to Purchaser and, unless cancelled as a result of Purchaser's default or pursuant to paragraph 8, to reimburse Purchaser for the net cost of examination of title, including any appropriate additional charges related thereto, and the net cost, if actually paid or incurred by Purchaser, for updating the existing survey of the Premises or of a new survey, not to exceed $500.00 in aggregate, and ii. the obligations under paragraph 27 shall survive the termination of this contract. 22. Affidavit as to Judgments, Bankruptcies, etc. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as or similar to that of Seller, Seller shall deliver an affidavit at Closing showing that they are not against Seller. 23. Defaults and Remedies. a. If Purchaser defaults hereunder, Seller's sole remedy shall be to receive and retain the Downpayment as liquidated damages, it being agreed that Seller's damages in case of Purchaser's default might be impossible to ascertain and that the Downpayment constitutes a fair and reasonable amount of damages under the circumstances and is not a penalty, b. If Seller defaults hereunder, Purchaser shall have such remedies as Purchaser shall be entitled to at law or in equity, including, but not limited to, specific performance. 24. Purchaser's Lien. All money paid on account of this contract, and the reasonable expenses of examination of title to the Premises and of any survey and survey inspection charges, are hereby made liens on the Premises, but such liens shall not continue after default by Purchaser under this contract. 25. Notices. Any notice or other communication ("Notice") shall be in writing and either a. sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf or by the Escrowee, by registered or certified mail, postage prepaid, or b. delivered in person or by overnight courier, with receipt acknowledged, to the respective addresses given in this contract for the party and the Escrowee, to whom the Notice is to be given, or to such other address as such party or Escrowee shall hereafter designate by Notice given to the other party or parties and the Escrowee pursuant to this paragraph. Each Notice mailed shall be deemed given on the third business day following the date of mailing the same, except that any notice to Escrowee shall be deemed given only upon receipt by Escrowee and each Notice delivered in person or by overnight courier shall be deemed given when delivered, or C. with respect to Paragraph 7 (b) or Paragraph 20, sent by fax to the party's attorney. Each Notice -9- 0 U L 0 U L m a� 0 .Q Q 0 0 0 0 0 0 0 0 m E U M Q by fax shall be deemed given when transmission is confirmed by the sender's fax machine. A copy of each Notice sent to a party shall also be sent to the party's attorney. The attorneys for the parties are hereby authorized to give and receive on behalf of their clients all Notices and deliveries. This contract may be delivered as provided above or by ordinary mail. . 26. No Assignment. This contract may not be assigned by Purchaser without the prior written consent of Seller in each instance and any purported assignment(s) made without such consent shall be void. 27. N/A Broker. Seller and Purchaser each represents and warrants to the other that it has not dealt with any broker in connection with this sale other than NONE ('Broker") and Seller shall pay Broker any commission earned pursuant to a separate agreement between Seller and Broker. Seller and Purchaser shall indemnify and defend each other against any costs, claims and expenses, including reasonable attorneys' fees, arising out of the breach on their respective parts of any representation or agreement contained in this paragraph. 28. Miscellaneous. a. All prior understandings, agreements, representations and warranties, oral or written, between Seller and Purchaser are merged in this contract; it completely expresses their full agreement and has been entered into after full investigation, neither party relying upon any statement made by anyone else that is not set forth in this contract. b. Neither this contract nor any provision thereof may be waived, changed or cancelled except in writing. This contract shall also apply to and bind the heirs, distributees, legal representatives, successors and permitted assigns of the respective parties. The parties hereby authorize their respective attorneys to agree in writing to any changes in dates and time periods provided for in this contract. C. Any singular word or term herein shall also be read as in the plural and the neuter shall include the masculine and feminine gender, whenever the sense of this contract may require it. d. The captions in this contract are for convenience of reference only and in no way define, limit or describe the scope of this contract and shall not be considered in the interpretation of this contract or any provision hereof. e. This contract shall not be binding or effective until duly executed and delivered by Seller and Purchaser. f. Seller and Purchaser shall comply with IRC reporting requirements, if applicable. This Subparagraph shall survive Closing. g. Each party shall, at any time and from time to time, execute, acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably requested by the other in order to carry out the intent and purpose of this contract. This subparagraph shall survive Closing. h. This contract is intended for the exclusive benefit of the parties hereto and, except as otherwise expressly provided herein, shall not be for the benefit of, and shall not create any rights in, or be enforceable by, any other person or entity. -l0' Q m 0 U L 0 U m a� 0 .Q Q 0 0 0 0 a� L 0 E .0 V M Q IN WITNESS WHEREOF, this contract has been duly executed by the parties hereto. Seller: Brenda VonBurg, as Executrix Attorney for Seller: Omer Gil, Esq. Gil & Cantor, P.C. 62 East Main Street Wappingers Falls, New York 12590 Email:jAyLc6giLeantor.coni Tel.: (845) 297-7777 Fax (845) 297-5555 Town of Wappinger Purchaser: Attorney for Purchaser: Craig Wallace, Esq. Wallace & Wallace 85 Civic Center Plaza Poughkeepsie, NY 12601 Email: craig@wallacewallace.net Tel: (845) 473-0900 Receipt of the Downpayrnent is acknowledged and the undersigned agrees to act in accordance with the provisions of paragraph 6 above. Gil & Cantor, P.C., Escrowee Sam 0 U 0 L) 0 0 0 0 E U M NOTES ON MORTGAGE COMMITMENT CONTINGENCY CLAUSE for RESIDENTIAL CONTRACT OF SALE l . WARNING: the mortgage commitment contingency clause for the Residential Contract of Sale is a bar association form that attempts to provide a mechanism that makes the rights and obligations of the parties clear in sales of residences in ordinary circumstances. It should be reviewed carefully by Seller and Purchaser and their attorneys in each and every transaction to make sure that all the provisions are appropriate for that transaction. Negotiated modifications should be made whenever necessary. 2. Under the clause, the obligation of Purchaser to purchase under the contract of sale is contingent on Purchaser's obtaining a mortgage commitment letter from an Institutional Lender within the number of days specified for the amount specified. This refers to calendar days. Seller's attorney should state his/her calculation of the Commitment Date in the letter delivering the executed contract to Purchaser's attorney, to prevent confusion later. Purchaser should promptly confirm or correct that date. In applying for a loan, Purchaser should inform its lender of the scheduled date of closing in the contract and request that the expiration date of the commitment occur after the scheduled date of closing. Purchaser must comply with deadlines and pursue the application in good faith. The commitment contingency is satisfied by issuance of a commitment in the amount specified on or before the Commitment Date, unless the commitment is conditioned on approval of an appraisal. If the commitment is conditioned on approval of an appraisal and such approval does not occur prior to the Commitment Date, Purchaser should either cancel the contract or obtain an extension of the Commitment Date. If the commitment is later withdrawn or not honored, Purchaser runs the risk of being in default under the contract of sale with Seller. 3. If there are loan terms and conditions that are required or would not be acceptable to Purchaser, such as the interest rate, term of the loan, points, fees or a condition requiring sale of the current home, those terms and conditions should be specified in a rider. 4. This clause assumes that initial review and approval of Purchaser's credit will occur before the commitment letter is issued. Purchaser should confirm with the lender that this is the case before applying for the commitment. 5. If, as has been common, the commitment letter itself is conditioned on sale of Purchaser's home or payment of any outstanding debt or no material adverse change in Purchaser's financial condition, such a commitment will satisfy the contract contingency nonetheless, and Purchaser will take the risk of fulfilling those commitment conditions, including forfeiture of the downpayment if Purchaser defaults on its obligation to close. Under New York case law, a defaulting purchaser may not recover any part of the downpayment, and Seller does not have to prove any damages. If Purchaser is not willing to take that risk, the clause must be modified accordingly. 6. Purchaser may submit an application to a registered mortgage broker instead of applying directly to an Institutional Lender. 7. This clause allows Seller to cancel if a commitment is not accepted by Purchaser by the Commitment Date, unless Purchaser timely supplies a copy of the commitment, to allow Seller the option to avoid having to wait until the scheduled date of closing to see if Purchaser will be able to close. Seller may prefer to cancel rather than to wait and settle for forfeiture of the downpayment if Purchaser defaults. Because of Seller's right to cancel, Purchaser may not waive this contingency clause. This clause means that Purchaser is subject to cancellation by Seller even if Purchaser is willing to risk that he/she will obtain the Commitment after the Commitment Date. Some Purchasers may not want to be subject to such cancellation by Seller. 8. Purchaser may want to add to paragraph 22 that Purchaser's reimbursement should include non-refundable financing and inspection expenses of Purchaser, which should be refunded by Seller if Seller willfully defaults under the contract of sale [alternative: if Seller is unable to transfer title under the contract of sale]. -12- Q m 0 U 0 U m a� 0 .Q Q 0 0 3 0 0 a� 0 0 m E U M Q 4-25-00 Joint Committee on the Mortgage Contingency Clause: Real Property Section of the New York State Bar Association Notwithstanding anything to the contrary contained in the contract between the parties of which this addendum is hereby made a part, the Purchaser agrees with the Seller as follows: Governmental Violations and Certificates of Occupancy. In the event the cost to cure any governmental violations or orders pursuant to Paragraph 10 of the contract or the cost to obtain any Certificates of Occupancy or Compliance pursuant to Paragraph 16 of the contract exceed one percent (1 %) of the Purchase Price, Seller shall have the right to cancel this contract. Should Seller cancel, this contract shall terminate and come to an end, and neither party shall have any further rights, obligations or liabilities against or to the other hereunder except that: a. Seller shall promptly refund or cause the Escrowee to refund the Downpayment to Purchaser and reimburse Purchaser for the net cost of examination of title, including any appropriate additional charges related thereto, and the net cost, if actually paid or incurred by Purchaser, for updating the existing survey of the Premises or of a new survey not to exceed $500.00 in the aggregate, and b. the obligations under paragraph 27 of the contract shall survive the termination of this contract. 2. Travel Fee. In the event that the Seller's attorney is required to travel outside Dutchess County or outside the County in which the subject premises are located if other than Dutchess County for the closing of title, Purchaser shall pay to Seller's attorney the amount of $500.00 for attendance at such closing. Under no circumstances shall the closing be held outside the counties of Dutchess, Ulster, Orange, or Putnam. Attorney Fees. In the event that either party must resort to judicial means to enforce the agreements contained herein, the successful party shall be entitled to recoup their legal expenses, including costs and reasonable attorney's fees. This provision shall survive the closing of title. 4. Not Contingent on Sale of Other Property. Purchasers hereby represent to Seller that their ability to purchase the within described premises is not contingent upon the sale of any other real property. Seller's Concession. In the event there is a Seller's Concession in this Contract towards Purchaser's pre-paids and closing costs, Seller and Purchaser agree that: a. At closing, Purchaser shall credit to Seller the amount of the additional transfer tax attributable to the amount of the Seller's Concession; and b. Purchaser and Seller represent that there is no illegality, deception or misrepresentation in connection with the Seller's Concession and same has been fully disclosed to the Purchaser's lending institution and same shall be disclosed and included on the Closing Disclosure Statement executed by the parties at closing. 6. Property Condition Disclosure Statement: a. X In lieu of providing Purchaser(s) with a Property Condition Disclosure Statement, Seller(s) elect(s) to give a credit to Purchaser(s) at closing in the amount of five hundred ($500.00) -13- Q m rn 0 U 0 0 U m a� 0 .Q Q 0 0 0 0 a� 0 0 0 m E U M Q dollars in full compliance with RPL §462(2). b. Execution of this Contract of Sale by the Purchaser(s) confirms Purchaser(s) has/have received and had the opportunity to review the "Property Condition Disclosure Statement" provided by the Seller(s) herein, and waive(s) any and all rights and remedies Purchaser(s) may have had based upon a duty to produce said statement. The disclosure statement is not a substitute for any inspections or warranties the Purchaser may wish to obtain. C. The Seller is exempt from providing the property condition disclosure statement pursuant to §463 Exemptions of the Property Condition Disclosure Act. 7. Limitation on "Pick Up" Fee. In the event the Purchaser's title company charges the Seller a "pick up fee" for the satisfaction of any existing lien, or in excess of the charge of the County Clerk in which the property is located for the recording of the satisfaction of mortgage, the Seller shall not be responsible to pay more than $200.00 for a pick up fee, nor more than the County Clerk's fee for recording. Purchaser agrees to pay any portion of the pick up fee in excess of $200.00 and recording charges in excess of the County Clerk's charges. 8. Addendum Controls. If any provision of this Addendum shall be in conflict with any other provision of the Contract, the provision of this Addendum shall control. 9. Miscellaneous; a. As used in this Addendum, the singular includes the plural and the plural includes the singular as the context of the contract to which this Addendum is made a part may require. b. The execution by the Purchaser and Seller of the Contract of which this Addendum is made a part shall constitute acceptance by the parties of the terms of this Addendum. THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK AND THIS ADDENDUM IS IN EFFECT AS PART OF THE ABOVE DESCRIBED CONTRACT OF SALE, NOTWITHSTANDING THAT IT IS NOT SIGNED BY THE PARTIES HERETO. -14- Q m M co 4- 0 U L 0 U L .Q Q 0 �y 3 0 0 L 0 E .0 U M Q SMOKE ALARM AFFIDAVIT (EXEC. LAW § 378(5)) AND CARBON MONOXIDE AFFIDAVIT (EXEC. LAW § 378(5-a)) RE: 26 Huber Road Town of Wappinger STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ("Deponent"), being duly sworn, deposes and says that: 1. Deponent is the owner of the above -referenced real property, which is improved by a one or two-family dwelling, condominium unit or cooperative apartment used as a residence (the "Premises"). 2. There is installed in the Premises an operable single station smoke detecting alarm device or devices and an operable carbon monoxide detector. 3. Deponent is executing this affidavit to indicate compliance with Section 378, Subdivision 5 and 5-a, of the Executive Law of the State of New York. 4. The word "Deponent" shall be construed to read in the plural whenever the sense of this affidavit so requires. Sworn to before me this day of )2023. Notary Public -15- RIDER TO CONTRACT BETWEEN Brenda VonBurg, as Executrix, Sellers Town of Wappinger, Purchasers Premises: 2513 Route 9D, Wappingers Falls, NY 12590 Notwithstanding anything to the contrary in the Contract or any Addenda or Riders thereto between the parties to which this Purchaser's Rider is made a part, it being expressly understood and agreed: Purchaser agrees to the below: 1) Use of the land should be a part of the park/greenway 2) A plaque would have my grandfather's name (Louis D Diehl) and another with my parents' names (Hugo VonBurg and Brenda VonBurg) 3) The property would have a US, NY State, and Town of Wappingers Flag 4) The corner of the property is used by the neighbor for the driveway, we request that an easement for access to same be recorded with the deed. Q m 0 U L 0 U L .Q Q 0 �y 3 0 0 L 0 E .0 V M Page 1 of 1 Q 8/10/23, 9:31 AM ParcelAccess - Property Details Parcel Number Final Roll: Valuation Date: 135689-6157-01-238924-0000 7/1/2023 7/1/2022 Sale Price: Sale Date: Parcel Location $0 1/1/2000 1554 0704 (j Site I 2513 Route 9D Water Supply: Sewer Type: Municipality (2) Private (2) Private (2) Typical Wappinger net Name Von Burg, Hugo (P) Primary Owner Mailing Address 9344 Black Hills Way San Diego, CA 92129 Lot Size (acres): 1.6 Ac Split Town: Filed Map: - Agri. District: File Lot #: - School District: Land Use Class: (220) 2 Family Res Land: Total: County Taxable: Town Taxable: $129,700 $326,700 $326,700 $326,700 Tax Code: Roll Section: Uniform %: Full Market Value: H (Homestead) 1 (Taxable) 100 $326,700 Tentative Roll: Final Roll: Valuation Date: 5/1/2023 7/1/2023 7/1/2022 Sale Price: Sale Date: Deed Book: Deed Page: $0 1/1/2000 1554 0704 (j Site I Water Supply: Sewer Type: Desirability: (2) Private (2) Private (2) Typical 5601 None (135601) Wappingers CSD School Taxable: Village Taxable: $326,700 $0 0 U 0 L) Sale Condition: No. Parcels: 0 0 Zoning Code: Used As: r- 0 R20/40 > E U M https://gis.dutchessny.gov/parceIaccess/property-card/?parcelgrid=13568900615700012389240000&parcelid=96981 8/10/23, 9:31 AM ParcelAccess - Property Details 1 0-1: site I Year Built: Year Remodeled: Building Style: No. Stories: 1800 Basement Type: 0 (04) Cape cod 1.5 No. Bedrooms: No. Full Baths: No. Half Baths: No. Kitchens: 5 2 0 0 2 Central Air: Heat Type: Fuel Type: First Story: No (2) Hot air (4) Oil 1,580 Half Story: 3/4 Story: Fin. Over Garage: Fin. Attic: 794 0 0 0 Fin. Basement: Fin. Rec Room: No. Rooms: Grade: 0 0 0 (D) Economy Site 1, Improvement I Structure Code: Dim. 1: Dim. 2: (RP2) Porch-coverd 0 0 Year Built: Condition: Grade: 1900 (2) Fair D Site 1, Improvement 2 Structure Code: Dim. 1: Dim. 2: (RP4) Porch-enclsd 0 0 Year Built: Condition: Grade: 1900 (2) Fair D SFLA: Overall Condition: 2,374 (2) Fair No. Fireplaces: Basement Type: 0 (3) Partial Second Story: Additional Story: 0 0 Unfin. Half Story: Unfin. 3/4 Story: 0 0 Grade Adj. Pct.: 95 hftps://gis.dutchessny.gov/parcelaccess/property-card/?parcelgrid=1 3568900615700012389240000&parcelid=96981 Quantity: I Sq. Ft.: 40 Quantity: 1 Sq. Ft.: 56 4- 0 U 0 L) 0 0 0 0 E U M 8/10/23, 9:31 AM ParcelAccess - Property Details Special District Name: Primary Units: Ad Valorem Value: Wapp S Trans/Treat#3 200 $0 Special District: HLO66 Special District Name: Primary Units: Ad Valorem Value: Hughsonville Light 0 $326,700 Special District: HF035 Special District Name: Primary Units: Ad Valorem Value: Hughsonville Fire 0 $326,700 Special District: 999AM Special District Name: Primary Units: Ad Valorem Value: Ambulance Town Wide 0 $326,700 Special District: UWSDO Special District Name: Primary Units: Ad Valorem Value: United Wapp Swr Dist 200 $0 Special District: GRLTN Special District Name: Primary Units: Ad Valorem Value: Grinnell Public Lib 0 $326,700 ABSOLUTELY NO ACCURACY OR COMPLETENESS GUARANTEE IS IMPLIED OR INTENDED. ALL. INFORMATION ON THIS MAP IS SUBJECT TO CHANGE BASED ON A COMPLETE TITLE SEARCH OR FIELD SURVEY. This report was produced using ParcelAccess on 8/10/2023. Developed and maintained by DCIS - Dutchess County, NY. hftps:Hg is. dutch ess ny.gov/pa rcel access/p rope rty-ca rd/? parcel grid= 13 568 900615700012 389240000&pa rcel id =96981 to 0 U 0 L) 0 0 0 0 E U M QuES,T Quality Environmental Solutions & Technologies, Inc. October 10, 2023 Clark Patterson Lee 26 IBM Road Poughkeepsie, NY 12601 Attn: Jonathan DiRocco Via e-mail: j�liroca�n rr)cp�t�C���n.corn Re.: Residential Property a@ 2513 Route 9D, Wappingers Falls, NY 12590 Request for Proposal — Pre -Demolition Environmental Testing & Design Services Dear Mr. DiRocco, Thank you for the opportunity to discuss the needs of Clark Patterson Lee in the environmental consulting and remediation services area. Quality Environmental Solutions & Technologies, Inc. (QuES&T) is pleased to submit the attached proposal to provide Pre -Demolition Environmental Testing & Design Services in support of demolition activities of a residential property at 2513 Route 9D, Wappingers Falls, NY 12601.. QuES&T is a NYS Certified Minority Business Enterprise committed to remaining a leader in the environmental training and technical consulting industry. QuES&T's extensive Nuclear Power Industry experience makes us uniquely qualified to provide technical support in state-of-the-art techniques for engineering and contamination control. Additionally, this experience enables us to integrate the essential concepts of "critical path" schedules and minimizing personnel exposures while maintaining a high level of attention to the specific details of each project. QuES&T personnel satisfy numerous ANSI and NUREG experience requirements of the Nuclear Regulatory Commission. Our staff has served in various capacities in the Health Physics and Nuclear Engineering disciplines in operational power reactors, nuclear powered vessels, radiopharmaceuticals and governtnent prototypes. We are confident you recognize that selection of a qualified technical consultant for professional M services, such as pre -construction inspection, project design, project management and air monitoring, M represents a step as critical as selecting a reputable environmental remediation contractor. QuES&T feels o strongly that the success of any remediation project is defined primarily in the planning and design phase. A technically sound project design combined with proper oversight provides the most cost-effective W solution and ensures the gains recognized are not at the expense of future liability to Clark Patterson Lee. W In this regard, QuES&T has successfully completed remediation projects, for our client companies, in support of Nuclear and Fossil commercial power plant maintenance outages, facility renovation and demolition, cGMP facility upgrades, recovery from contamination following catastrophic events (e.g. steam m line explosions, fires), school building renovations, Corporate asbestos management programs, facility E Operations & Maintenance (O&M) programs, UST removals, sub -surface investigations, contaminated soil U remediation, LBP stabilization and commercial/residential asbestos & lead abatements. Q 1376 Route 9, Wappingers Falls, NY 12590 Phone (845) 298-6031 Fax (845) 298-6251 NO'S MWBD WBE Cert 4 49952 NYSUCP DBE Certifled N'JUCP DBE, Certified www.( tri�ei7v.coL Proposal 4P23-8651 Clark Patterson Lee Professional Services n, 2513 Route 9D, Wappingers Falls, NY 12590 Technical consulting services are available in the area of regulatory compliance audits, OSHA safety, air monitoring, respiratory protection, laboratory services, building hazard assessments (EPA, HUD, commercial), LBP Risk Assessments, management plans, NYS/NESHAP pre -demolition inspections and full scope project management; including development of remediation response actions and management of all required project and personnel records. Our staff of experienced environmental professionals can prepare all required specifications and procedures to ensure your programs comply with federal, state and municipal regulatory requirements. QuES&T offers a wide range of OSHA and environmental safety training. Our full range of asbestos safety certification training ensures that our client's employees receive the appropriate training to maximize their safety and minimize your liability. QuES&T offers accredited initial and refresher training programs for Operations & Maintenance (O&M), Asbestos Abatement Workers and Supervisors, Project Monitors, Asbestos Project Sampling Technicians (RH-II), Asbestos Project Designers, Asbestos Inspectors (RH-III) and Management Planners. Our accredited training facility (EPA, NYS) contains the most modern equipment to support the hands-on portion of each training prograin. On-site training services are available for groups of at least twenty-five students and can be tailored to meet the specific needs of Clark Patterson Lee. QuES&T provides a full range of services in the area of Respiratory Protection. Our technical staff has extensive experience in the development of regulatory compliance programs for NUREG 0041 and OSHA 1910.134 Respiratory Protection Programs. Quantitative or qualitative respirator fit services can be provided at QuES&T's facility or yours. For additional information concerning this submittal, please contact us at (845) 298-6031. We look forward to working with Clark Patterson Lee in the environmental consulting and remediation services area. Sincerely, Rudy Lipinski - LEED°AP Director of Field Operations NYSIAHERA Inspector/Project Designer Cert. #AH 05-09049 m d m E U M Q ENVIRONMENTAL CONSULTING & !RAINING Page 2 of 7 Proposal #P23-8651 Clark Patterson Lee Professional Services 2513 Route 9D Xaooineers Falls NY 12590 PRE -DEMOLITION ENVIRONMENTAL TESTING & DESIGN SERVICES for CLARK PATTERSON LEE 26 IBM Road Poughkeepsie, NY 12601 At RESIDENTIAL PROPERTY 2513 Route 91) Wappingers Falls, NY 12590 QuES&T agrees to provide the, following services: Pre-Dean'ev A. Asbestos -Containing Materials (ACM) Survey All work performed will comply with applicable federal and state regulations. 1. QuES&T will provide NYSDOL Inspectors, who will be responsible for the identification and assessment of the condition, location and quantity of suspect asbestos -containing materials (ACM) associated with future demolition of the residential property. 2. The inspectors will record and collect bulls samples of identified suspect asbestos - containing material following the protocols referenced in 40 CFR Part 763.86 Subpart E (AHERA) and transmit the samples under proper chain of custody protocols, to an ELAP- licensed laboratory for analysis. 3. Assumed 90 PLM Friable, 60 NOB PLM and 60 NOB TEM samples. B. Lead -Based Paint (LBP) Survey 1. Perform representative In -Situ measurements using a Niton XLp Model 300A XRT' Meter on accessible, painted surfaces & unmovable objects throughout the interior and exterior of the residential property. C. Universal 1 Hazardous Waste Inventory 1. Perforin a visual inspection for fluorescent light tubes, PCB -containing light ballasts, mercury switches, large batteries, etc. throughout accessible interior and exterior areas of the residential property. D. Pre -Demolition Environmental Survey Report 1. QuES&T will prepare a Pre -Demolition Environmental Survey Report that will include a suananary of findings regarding ACMs, LBPs, universal 1 hazardous wastes, sample location plans, photos, material quantities, analytical reports, abatement budget estimates, and recommendations. Construction Document Specification Development M QuES&T will provide NYSDOL certified Project Designer (PD) and Certified Industrial Hygienist o (CIH) personnel to develop the required environmental specifications and contract documents. Preparation of the required specifications shall include (if required) incorporation of existing W NYSDOL Applicable Variances, and/or development of Job Specific Variances to ensure the most cost-effective and technically sound solution is implemented. QuES&T will: ® Outline specific pre -abatement activities and abatement procedures and strategies for compressing the project schedule and providing the most cost-effective solution to environmental remediation requirements. The design will consider utilizing existing applicable variances, new variances, and means and methods for dealing with operational E constraints, adjacent occupied areas, isolation of the work areas, and specific remediation U procedures and criteria. Q ENV[RONIVIENTAL CONSULTING & TRAINING Page 3 of 7 Proposal #P23-8651 Clark Patterson Lee Professional Services no. 2513 Route 9D, Wappingers Falls, NY 12594 QuES&T Services Cont'ci... • Develop bid documents, including working drawings and specifications, for the purpose of securing competitive bidding. • Develop alternate work practices that will not expose the public or workers to elevated fiber levels. • Develop a scope of work that will mininize the impact on the facility and surrounding areas. • Preparation and submittal of NYSDOL Site -Specific Variance(s) and supporting documentation to the NYSDOL Engineering Services Unit regarding the proposed work scope. • Act as the Petitioners Agent during the NYSDOL ESU review process and incorporate any changes or additions requested by NYSDOL ESU during their review. • Final determination regarding approved means and methods shall be as directed by NYSDOL ESU. * Assist in preparation of bid lists, review of bid submittals and assist Clark Patterson Lee in the selection of contractor(s), as required. Phase I Environmental Assessment As per ASTM E1527-21, the proposed work will include the following; Task I —Records Review The records review consists of obtaining and reviewing records that will help identify recognized environmental conditions (RFC's) in connection with the target property. This will include historical use information for the property to develop a history of the uses of the property and surrounding areas in order to identify RFC's in connection with the property. Task 2 — Site Reconnaissance The objective of the site reconnaissance is to obtain inforrmation indicating the likelihood of identifying RFC's in connection with the property. The site reconnaissance includes the adjoining properties, topographic, geologic, geographic and hydrogeological conditions present. The reconnaissance also includes a general description and use of the structures, roads, adioining properties, water supply, sewage disposal and other utilities at and surrounding the site. Task 3 — Interviews with Owners and/or Occupants The objective of this portion of the ESA is to obtain information regarding any REC's that the owners, operators and occupants of the property may have regarding and in W connection with the target property. Task 4 — Interviews with State anchor Local Governments The objective of these interviews is to identify .any information that is available from local and/or state agencies regarding any RFC's in connection with the property. This can E include, but not be limited to the local Building .Department, Fire Department, Police U Department, Health Department, and the NYS Department of Environmental Conservation. Q ENVIRONMENTAL CONSULTING & TRAINING Page 4 of 7 Proposal #P23-8651 Clark Patterson Lee Professional Services 2513 Route 9D Wa in ers li ails NY 12596 QuES&T Services Cvnt'd... Task 5 — Data Evaluation Evaluation of data collected during the on-site investigation, records review and interviews. Taslt 6 — Re ort Pre aration A summary presentation of information gathered during the investigation, presented in a logical progression will be included. The report shall summarize the significant findings by expanding on each task, identifying actual and potential environmental impairment, risks and liabilities. An evaluation of those risks and measures that exist to mitigate those risks and recommendations on risk elimination or reduction will be included. W m d m E U M Q ENVIRONMENTAL CONSULTING & TRAINING Page 5 of 7 Proposal #P23-$651 Clark Patterson Lee Professional Services rr 2513 Route 91), Wappingers Falls, NSC 12590 PRE -DEMOLITION ENVIRONMENTAL TESTING & DESIGN SERVICES for CLARK PATTERSON LEE 26 IBM Road Poughkeepsie, NY 12601 At RESIDENTIAL PROPERTY 2513 Route 9D Wappingers Falls, NY 712590 COST ESTIMATE ➢ PRE DEMOLITION ENVIRONMENTAL SURVEY Inspection Labor $ 1,950.00 PLM Bulk Sample Analysis (90 samples cg7 $19/layer) $ 1,710.00A PLM-NOB/QTEM Bulk Sample Analysis (60 @ $49/layer) $ 2,940.00 XRT Equipment Rental S 175.00 Pre -Demolition Environmental Survey Report $ 560.00 Travel & Misc. Materials $ 50.00 Estimated Inspection. Total $ 7,385.00 A. Asper the testing requirements, for surfacing materials, set forth in the NYSDOH corntnunication, dated May 6, 2016, if vermiculite is present (regardless of the amount), one of the two approved methods nmsthe used for the detection and quantitation of asbestos content. If Vermiculite is detected, within surfacing materials sampled (NYS ELAP 198.1), as per the NYSDOH guidelines, samples will be. analyzed in conformance with NYS ELAP 198.8. Sample analysis is $350/sample analyzed on a one-week turnaround time. Prior to sample analysis, the lab will notify QuES&I' the number of samples containing vermiculite, who in turn will review associated costs with Clark Patterson Lee for approval to move forward with analysis. *NuPES: 1. Estimated nuarrber ol'samples to be collected/analyzed. Client shall be charged for actual services rendered and samples analyzed. 2, Sample analysis turnaround (TAT) continences upon laboratory receipt of samples and excludes Weekends & holidays. ;> CONSTRUCTION DOCUMENT SPECIFICATION DEVELOPMENT Environmental Specifications - Preparation of Environmental Specification(s) and Drawings with P.E. Stamp. •2• Residential Property — $ 4,500.00 - Development/Preparation of one (1) Site -Specific Variance Petition to NYDSOL *:* Residential Property Breakdown: NYSDOL Variance Development NYSDOL Variance Tiling Fee ENVIRONMENTAL CONSULTING & TRAINING $ 1,650.00 350.00 $ 2,000.00 Page 6 of 7 m d m E U M Q Proposal #P23-8651 Clark Patterson Lee Professional Services a,2513 Route 91)Wa in ers Falls NY 12590 QuES&T Pricing Cont'd... ➢ PHASE I ENVIRONIMIENTAL SITE ASSESSMENT Labor Environmental Technician: $ 910.00 CIH Labor $ 700.00 Miscellaneous Expenses: Computerized Environmental Data Reports $ 650.00 1 Phase I ESA Report $ 650.00 Travel/Mist. $ 40.00 $ 2,950.00 This proposal is based on the following assumptions: • QuES&T shall perform all inspections visually; using reasonable care and judgment. Localized demolition will be performed to access representative concealed surfaces, as practicable. Client/ Representatives recognize & agree that ACMILBP/Universal/Hazardous Wastes concealed within structural components & accessible only through extensive mechanical or structural demolition may not be identified as part of this survey. • QuES&T shall not be responsible for damage caused to building finishes, surfaces or equipment by sampling. Responsibility and cost for repair of damaged building finishes, surfaces and equipment shall be by Client. /Representatives • QuES&T will exercise reasonable caution to minimize disturbance of ACM/LBP/Universal/Hazardous Wastes during the inspection process. However, clean-up of ACM/LBP/Universal/Hazardous Wastes disturbed or dislodged during the inspection process shall be the responsibility of Client /Representatives. • Client / Representatives shall be responsible for providing immediate access into all inspection areas and securing same upon completion of inspection activities. • Inspection work to be conducted upon receipt of written Notice to Proceed and/or associated Purchase Order Number. • Inspection work to be conducted during normal weekday business hours (Mon—Fri, 8am--5pm). Client/Representatives will provide access to all respective buildings concurrently. rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrre�xrrrarrrrrrrrrrrrrwrwrrrrrrrrrrrrrrrrrrrrrr■ ACCEPTANCE OF PROPOSAL #P23-8651 ■rrrrrrrrrrrIIrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrerrrrrrrrrrrrrrrrrrrrrrrrrr To Execute This Agreement, Please Review, Sign, Date & Return to QuES&T. PaMient Terms: Payment Shall Be Vet 30 Days, Following Delivery Of'Final Report; Late Payments Shall Be Assessed a Penalty o f 1. S% per Month. Clark Patterson Lee — Jonathan DiRocco: M Signature Print Name & Title Date ENVIRONMENTAL CONSULTING & TRAINING Page 7 of 7 m d m E U M Q Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-136 Meeting: 10/10/23 07:00 PM Department: Town Clerk Category: Special Districts Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Richard Thurston DOC ID: 6023 Resolution Authorizing Re -Levy of Unpaid 2023 Water and Sewer Charges WHEREAS, the last day for payment to be made at Town Hall for unpaid water and sewer accounts is Monday, October 30, 2023. NOW, THEREFORE, BE IT RESOLVED: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town of Wappinger Water and Sewer Billing Department is hereby authorized to forward all unpaid water and sewer accounts to the Dutchess County Department of Real Property on or before November 3, 2023, to be re -levied upon the 2024 Town and County tax bills. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 10/10/2023 7:54 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2023-137 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Meeting: 10/10/23 07:00 PM Department: Town Clerk Category: Correspondence Prepared By: Joseph P. Paoloni Initiator: MinmeTraq Admin Sponsors: To -,Am Clerk Joseph P. Paoloni DOC ID: 6026 F -Correspondence Log - 2 23-10-10 Number TO From Date Date Re c' Re: Agenda Date 10-10-001 Town Board Barbara Roberti 912712023 9127023 Performance/Maintenance Bonds Seo 202 10110/2023 10-10-002 Town Board Commissioner of Finance 912912023 9/2912023 Chargelback Invoice 1011012023 10-10-003 Town Board Jackie Le Pere 10/212023 1002023 Water & Sewer review request 10/10/2023 10-10-004 Town Board NO of Public Service 9129/2023 10/212023 Gas & Electric Rates 10110023 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: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 10/5/2023 2:33 PM by Joseph P. Paoloni Page 1 A ti M M N O N U) W P O O M N O 04C O V m Q M c*) M M N N N N N N N G N V 0 C) 0 C O 0 0 0 d r r r r M N O N 0. N U) N .0 O U) m O U Q ® 'D> O V x �rrr U) U m 1 N°6w od �N� ® N v M N O M N O co N O M N O (D ti 63 N N C> O O Q 0) tm O J M N O M N O M N O M CV O ,Q) N N N N I - ONO W ©N N CO N r 0) W O U i LL �V L� LO LL O U? ,U LD 0 E UQ CO 0 0-0-0-0-0 0 o O 0 m00com 3 3 3 3 H0FOFO— O Q O O EO O O Q 7 0 0 0 0 Z T T r r O T O T O T O r A ti M M N O N U) W P O O M N O 04C O V m Q TOWN Director of Strategic Planning & Municipal Codes Barbara Roberti - Ext. 128 PLANNING BOAR® & ZONING BOARD OF APPEALS SECRETARY Bea Ogunti -- Ext 122 'PtA I ZONING DEPARTMENT 20 MMDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-1373 Ext. 2 Fax (845) 297-0579 www.townofwappingemy.gov SUPERVISOR Dr. Richard L. Thurston TOWN BOARD William H. Beale Chris Phillips An la Bettina Rece l�'e Casella SEP 21,10Z3 Town of wappinger To: Joseph Paoloni, Town Clerk w n c i e r K From: Barbara Roberti, Director of Strategic Planning and Municipal Codes Re; Schedule of Performance & Maintenance Bonds for the month of September 2023 September 27, 2023 PERFORMANCE BONDS SUBDIVISION (Sub.) SECURED SITE PLANS (SP) BY AMOUNT CALL EXPIRES STATUS Maloney Heights Subdivision Bond $222,120.00 10/19/23 11/19/23 -1St reduction (Abjad Nesheiwat) 97751805 accepted by TB 5/26/2020 Myers Corners Landing Cash Bond $122,000.00 No expiration date Ridges Subdivision Letter of Credit $1.04,464.80 511124 6130124 MAINTENANCE BONDS Hilltop Village -Toll Land V Bond $92,491.00 12/12/23 Furnia Subdivision Letter of Credit $52,128.00 12/12/24 -accepted by TB 6/8/2020 4 st Reduction accepted by the TB - accepted by TB 12/13/21 -accepted by TB 12/12/22 SITE PLAN RESTORATION BONDS Chelsca Farms Cash Deposit $19,775.00 ****** Mindu Samai Cash Deposit $7,500.00 Hodson Valley Lighting Cash ]Deposit $7,200.00 M ers Run Subdivision Cash Deposit $13,398.00 Old Myers NY LLC Solar Farm Perf Bond $30,000.00 3-26-24 Red Cedar Arborist Inc. Cash Deposit $10,000.00 Cc: Planning Board Town Board James Horan Jon Bodendorf Michael Sheehan File - Accepted by TB on 2-28-22 tree felling. -Accepted by the TB or March 9, 2020 for tree felling, 0 J -Accepted by TB on 0 March 8, 2021 a Released upon o Resolution Approval N W/ signed maps °'- L 0 U -Accepted by the TB or. 'm March 14, 2022 for tre( felling. N 0 N -Accepted by TB on CO March 27, 2023. -- Tree felling. 0 -Accepted by TB N August 23, 2021 N 0 a� E U Q 2 i HEIDI SEELBACH WILLIAM F.X, OINEIL l c' COMMISSIONER COUNTY EXECUTIVE CATHERINE ViTEISSf=. DIRECTOR r!Z\UNTY OFDUTCHESS DEPARTMENT OF FINANCE REAL PROPERTY TAX SERVICES nIVISION TO: Richard Thurston, Town Supervisor FROM: Heidi Seelbach, Commissioner of Finance Catherine Weisse, Director of Real Property Tax DATE: September 29, 2023 6 -----------------.-------- - o - - RE Chargeback Invoice U a� The attached invoice is for charges to your town for services related to the production of assessment N rolls and bills, maintenance of escrow accounts and refunds related to erroneous taxes and L judgements. v These charges will be added to your town or special district tax levy, unless paid to the Dutchess M County Commissioner of Finance by Ci 6 % mlaci` 1�, 262.3:6 N 0 N The attached charges reflect the County's actual costs for providing these services. Costs are subject w to change on an annual basis. W 0 If you choose not to pay these charges, do not include them in your 2023 budget submittal. It - NOTE: It- Dutchess County will be adding them to your levy when your official tax rates are calculated. However, when calculating your projected tax rate estimates these charges should be considered. N Charges for refunded judgments in excess of $25,000 may be privately financed by the municipality. 'tense sfttrr'e tl; &telter �+�rtlt the ersori s ' �t ncrr tow�t yes o�islble. i7� lrrrit�l'Ir�r tl � s ecrr�l distrr'ct ;�l�rrrs�ec rticl'rr�litr��trtry �'ire`ar.�i��n�.Dis#r•i�t'of�cr{s: ,., ,,:__.., W__.... - ,_ ._. Q Please call (845) 486-2035 for questions regarding Finance and Special District charges; OR, (845) 486-2454 regarding OCIS charges. For all other questions, including those pertaining to RPT charges, please call (845) 486-2140. Enc cc: Eileen Mandigo, DC Finance Carol Acevedo, DC Finance Tammie Allen, DC OCIS SEP. 2.9.2023 Town of Wappinger Town Clerk 22 Market street • Poughkeepsle, New York 12601 • (845) 486-2140 • Fax (845) 486-2093 www.dutchessny.gov m 1pi� Ilf ilq.lz�� INVOICE :d. 22 Market Street Poughkeepsie, NY 12601 DATE: September 2,9, 2023 (845) 486-2035 - Finance DUE: November 1b., 2023 (845) 486-2454 - OCIS (845) 486-2140 - RPT Bill To: Richard Thurston, Town Supervisor Town -of .Wap.p.inger ... .......... ._ .. _ _ g r� �x q ,s r .(xa&.s� ��:����� t y§.7 � yw �, -,kms � m � �"�n '� f, -�� y,�a'�"�•�� `Y N France - E=rroneous Tax &-Judgments 2;876,$3 RPT - Escrow Accounts $ 3,305.25 GIS - Proqessing & Special Districts $ 22,483 32 OCIS - Assessment Rolls & Binders $ 1,105.421 a6 0 J U i 0 Q 0 L 0 U ti M M N O N U) W W 0 r 0 M N O N E V M Q -6 ---------- - --------- O u OO O0 Q W 2 0 A ,THE HISTORY OF COUNTY.CHARGES_TO TOWNS, In 1952, the Dutchess County Board of Supervisors formed the Machine Tabulation Department to process assessment rolls, tax rolls and bilis for the County's 20 towns. Through resolutions commencing in 1953, production of these items was deemed to be a local charge and levied among the towns and cities according to an annexed schedule. In the passage of time, the Board of Supervisors changed toa County Legislature. Pertinent sections of Tax Law and Education Law were consolidated into Real Property Tax Law. Functions of the machine tabulating department carne to be shared by the Office of Central & Information Services (OCIS) and the Real Property Tax Service Agency (RPTSA), Through it all, enabling.sections of Real Property Tax Law have allowed this 50 -year-old process to continue. RPTL §578 has been referenced as closest parallel to established procedures. However, RPTL 2006, 2008 and 2012 are also relevant, collectively indicating that a law or resolution in force at the time of replacement may continue until rescinded or modified. Within the original process, accumulated county charges were added in mid-December to town tax levies as part of the final budget process. The by-product of countycha rgebacks is that town levies may be increased after local adoption. By resolution 535.of-19130,.the-County-Legislature-directed RPT -SA to disclose these charges in a timely Mann ersothattowns would `be -aware J of potential impacts. J U m RPTSA provides a disclosure of these charges to municipalities beginning of October each year in the form of an invoice. _ 0 Q CHAR„�E_DESGRI�TIO.NS, � L O OCIS charges municipalities for assessment rolls, tax rolls, tax bills, binders and related processing on a per -parcel basis. In v addition, there are charges for special district processing. Bids for assessment roll and tax binders are placed in July upon M receipt of local orders. These costs are added to County charges to towns. M N O RPTSA provides escrow account management services for a II towns and cities. There is a $0.75 charge per bank code for data Management of the escrow accounts, which includes handling data from tax service organizations. This charge includes w problem identification and resolution. RPTSA also assesses data -entry fees of $2.25 to $3.25 perform, depending on form type, S to municipalities that have requested it. o 0 Pursuant to RPTL §556(6)(a), the Commissioner of Finance charges erroneous and unlawful taxes back to towns and special N districts. "The amount of tax refunded (by the Commissioner) shall be a charge upon each municipal corporation... to the N extent of any such taxes refunded, Amounts so charged shall be included in the next ensuing tax levy." m RPTL §726(4) references charges (to towns) as the result of court ordered final judgments: "Provision for the payment of all � U amounts charged to a ...town... shall be included in the next annual budget estimate.... provided, however, that in the event the m aggregate amount exceeds $25,000 or 1% of the (town's) full value, such amount may be financed." Q PAY.MEi _ OPTIONS I. The Commissioner of Finance will accept payments, in the amounts indicated on the chargeback disclosure notice, until the date listed on the invoice. This action will eliminate the problem of increased tax levies but may impact contingency fund balances. 2. Municipalities opting not to pay the County charges at this time, will have any unpaid charges added to their levies through resolution of the County Legislature. However, we recommend that when a municipality opts to follow this procedure, it should anticipate the impact of these charges when making tax rate projections. As always, we encourage you to budget for these anticipated County charges. Upon request, we can provide three years of disclosure notices of prior charges to assist you in making an appropriate estimate. rev 9/2021 Joe Paoloni From: Jackie LePere <jackie.lepere@yahoo.com> Sent: Monday, October 2, 2023 10:32 AM To: Joe Paoloni Subject: Water and Sewer review request ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Good morning Mr. Paoloni, My name is Jackie O'Rourke, I have recently moved into 6 Lenny Court as of March 2023 and I have an issue with my water and sewer bill. I was asked to forward the issue to the town board for review per my conversation with Lee Anne Freno today. When I reviewed my account with her today she informed me there was a bill for $249.50 for the April- June quarter and a $7.03 charge for the July -October quarter. My issue is that no one lived here during the April -June quarter, as we had not moved back into town after the closing until late in June. When I asked why the bill was so high she mentioned everything is read on a meter but if there was a leak, the meter would have picked up on the issue. My concern is that I was told there was no leak report because there was no water going through the meter. If that is the case then how is it possible that there is a bill that high for water during the months that no one lived in our house? Both statements can not possibly be true- we either have a leak and the meter should have picked up on it when water was constantly running OR, no water was constantly going through and there should not be a bill this high. Can you please let me know what the next steps are to resolve this issue? It seems that during the next quarter (July - October) while all three of my family members have been living here we used less then half of what was reported the previous quarter when no one was here. Thank you for your attention to this. I look forward to hearing from you, Jackie OCT 02 2023 Town of wappinger Town Clerk a6 0 J U 0 m 0 0 Q 0 L L 0 U ti M M N 0 N U) W W 0 0 N 0 N E M a OCT 0 2 202 Town oi,nger September 29, 2023 Town Clerk Dear Community Leader/Elected. Official: Public Service Commission Rory NI, Christian Chair and Chief Executive Officer Diane X. Burman ,Jarnes S. Alesi Tracey A. Edwards John S. Howard David I Valesky John B. Maggiore Commissioners On July 31, 2023, Central Hudson Gas and Electric Corporation (Central Hudson) filed amendments to its electric and natural gas tariff schedules seeking approval from the New York State Public Service Commission (Commission) to increase its annual electric and natural gas delivery revenue to be effective July 1, 2024. Central Hudson serves the territories of Albany, Columbia, Dutchess, Greene, Orange, Putnam, Sullivan, and Ulster counties. Central Hudson is proposing to increase its electric delivery revenue by approximately $139.5 million (a 31.9 percent increase in base delivery revenues), and its natural gas delivery revenue by approximately $41.5 million (a 29.2 percent increase in base delivery revenues). Central Hudson's filing proposes to provide energy efficiency incentives and services, invest in infrastructure modernization, and maintain energy affordability while ensuring the continuation of safe, reliable, and resilient electric and gas systems. On October 17'x' and 18"', 2023 the Commission will hold a series of in-person public statement hearings to seek input and comments from your community regarding the filed amendments. See below for tirnes and locations. Date Time Location T, Oct 17 1:30 pin Robert Antonelli Senior Center 15 Academy Street Catskill, NY 12414 6 pm SUNY Orange -Newburgh Campus Kaplan Hall Great Room #1011 73 First St Newburgh, NY 12550 W. Oct 18 1 pm Poughkeepsie Town Hall One Overocker Road, 2"d Floor Poughkeepsie, NY 12603 6 pm Restorative Justice and Community Empowerment Center 733 Broadway Kingston, NY 12401 da dtaled'rinformation on how to participate in the The enclosed announcement pro#i public statement hearings along with how _fio submit co:ments regarding the amendments. Information regarding the -case, including a Spanis' verse n of thg announcement, can be found at www.dps.ny.gov. From the homepage, click on "File Search" {.loeat� ti er the "Commission Files") heading and enter the associated. case numbers (23-E-0418 and:: nd 23-G-0419) in the. "Search by Case Number" field. I would appreciate your assistance with informing your constituents about these public statement hearings and encouraging them to provide comments. It is the' Commission's intent to facilitate and encourage active and meaningful participation throughout all its proceedings. We hope you will consider joining us. Regards,' IM STATE OF NEW YORK PUBLIC SERVICE COMMISSION CASE 23-E-0418 -- Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations of Central Hudson Gas & Electric Corporation for Electric Service. CASE 23-G-0419 - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations of Central Hudson Gas & Electric Corporation for Gas Service. NOVICE SOLICITING COMMENTS AND ANNOUNCING.PUBLIC ,STATEMENT HEARINGS (Issued September 26, 2023) PLEASE TAKE NOTICE that public comment is invited concerning proposed changes in the electric and gas delivery rates and practices of Central Hudson Gas & Electric Corporation. (Central Hudson).. Central Hudson filed amendments to its electric and gas tariff schedules on July 31, 2023, proposing to increase its annual electric and gas delivery revenues effective July 1, 2024. Central Hudson proposes to increase its electric delivery revenues by approximately $139.5 million (a 31.9 percent increase in base delivery revenues or a 16.4 percent increase in total revenues), and its natural gas delivery revenues by approximately $41.5 million (a 29.2 percent increase in base delivery revenues or a 19 percent increase in total revenues). The actual bill impacts of these proposed changes on any particular customer class will vary based upon revenue allocation and rate design. Central Hudson states that its rate filings include proposals to: ensure safe, reliable, and resilient electric and gas systems; provide energy efficiency incentives and services in support of New York's Climate Leadership and Community CASES 23-E-0418 and 23-G-04.9 Protection Act goals and targets; effectively respond to major., ,storms and extreme weather events, invest in grid modernization to restore power more quickly, and,timely recover"storm costs; maintain affordability, mitigate customer bill impacts, and upgrade technologies to improve the customer experience; and support workforce .growth., F6r'its electric business, Central Hudson states that major drivers of the rate increase are related to capital investments associated with replacing aging infrastructure; increased labor expenses;, continued and enhanced low income, -energy efficiency, and heat pump programs;,,increased capitalization and financing costs; and recovery of ,,costs associated with major storms and extreme weather. For its gas business, Central Hudson states that rate increase are. attributable to continued and enhanced law income and energy efficiency programs; increased capital investment to eliminate leak prone pipe; labor expense; and capitalization and financing costs. Central Hudson's.pre-filed testimony and exhibits in these proceedings may be..reviewed online at the Department of Public Service website, www.dps.ny.gov, by clicking on "File Search" (Located under the heading "Commission Files") and entering the case number (23-E-041.8 or 23-G-0419) in the box labelled "Search,by Case Number.. Under New York State law, the Public Service Commission (Commission) -must consider a utility's rate proposal and may adopt or reject it, in whole or in part, or modify it. Tn doing so, the Commission will consider changes proposed by the participating parties and general public. Administrative Law.Judges (ALJs) are presiding over the gathering of public comments and all evidence relating to the proposal. As .indicated in this Notice, public statement hearings will be held -2- a� 0 J 0 V 0 m 0 0 Q 0 L 0 U ti M r M N O N 6 W W 0 0 M N O N m U M Q CASES 23-E-0418 and 23-G-0419 DATE: Wednesday, October 18, 2023 LOCATION: Restorative Justice and Community Empowerment Center 7'3,3 Broadway Kingston, NY 12401 Those wishing to comment on any aspect of these proceedings will have the opportunity to make a statement on the record before the ALJs. It is not necessary to make an appointment in advance, or present written material to speak at a hearing. Persons will be called to speak after completing a request card. Each public statement hearing will be held open a minimum of thirty minutes and will be kept open until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. A verbatim transcript of each public statement hearing will be made for inclusion in the record of these proceedings. Persons with disabilities requiring special accommodations should call the Department of Public Service's Human Resource Management Office at (518)474-2520 as soon as possible. TDD users may request a sign language interpreter by placing a call through the New York Relay Service at 711. Individuals with difficulty understanding or reading English are encouraged to call the Department at (800)342-3377 for free language assistance services regarding this Notice. Other Wsjys t® Comment For those who cannot attend or prefer not to speak at a public statement hearing, there are several other ways to provide your comments to the Commission. Comments should refer to "Case 23-E-0418 and Case 23--G-0419 -- Central Hudson." Internet or Mail: Go to www.dps.ny.gov, click on "File Search" (located under the heading "Commission Files"), enter -4- -6 0 -j 0 U 0 Q W 2 0 U ti N Q N U) W W Q N Q N E U M CASES 23-E--0418 and 23-G-0419 over two days to obtain comments from the public concerning Central Hudson's proposals. PLEASE TAKE FURTHER NOTICE that public statement hearings will'be,held before'ALJs James A. Costello and/or Ashley Moreno, as follows: DATE: Tuesday, October 17, 2023 LOCATION: Robert Antonelli Senior Center 15 Academy Street Catskill, NY 12414 TIME: 1:30 p.m. DATE: Tuesday, October 17, 2023 LOCATION:. SUNY Orange -Newburgh Campus Kaplan Hall Great Room $101 73 First Street Newburgh, NY 12550. TIME: 6:00 p.m.. DATE: Wednesday, October 18, 2023 LOCATION: Poughkeepsie Town Hall One Overocker Road, 2nd floor Poughkeepsie, NY 1.2603 TIME: 100'p.m. -3- CASES 23-E70418 and 23-G-0419 the case number (23-E-0418 or 23-G-0419) in the box labelled "Search by Case Number," and then click on "Post Comments" located at the top right of the page. Alternatively, comments may be mailed to the Hon. Michelle L. Phillips, Secretary, Public Service. Commissions Three Empire State Plaza, Albany, New York 12223-1350. All written comments will become.part of the record considered by the Commission and may be. accessed on the Department of Public Service website by searching the case numbers, as described above, and clicking on the "Public Comments".tab: Toll -Free Opinion Line: Individuals may choose to submit comments by calling the Commission's Opinion Line. at 1- 8.00-335-2120. This number is set up to receive comments about pending cases from in -State callers 24 -hours a day. These comments are.not transcribed verbatim, but a summary is provided to the Commission. (SIGNED) -5- MICHELLE L. PHILLIPS Secretary 41 Aw LIQ I Packet Pg. 62 1 ... ....... 0 so is